S 255119th CongressIn Committee

Archie Cavanaugh Migratory Bird Treaty Amendment Act

Introduced: Jan 24, 2025

Standard Summary

Comprehensive overview in 1-2 paragraphs

The Archie Cavanaugh Migratory Bird Treaty Amendment Act would amend the Migratory Bird Treaty Act (MBTA) to explicitly clarify that authentic Alaska Native articles of handicraft containing nonedible migratory bird parts may be possessed, sold, or transported, without violating the MBTA, subject to specific definitions and limitations. It sets forth criteria for who counts as an Alaska Native and what qualifies as an authentic Alaska Native handicraft, including traditional handcrafted items made with natural materials and without mass production. The bill also requires the Executive Branch to act within 180 days to establish bilateral procedures with treaty partner countries to harmonize treatment of these handicrafts and to adjust implementing regulations accordingly. A technical punctuation change is also included. Overall, the bill aims to protect traditional Alaska Native crafts while ensuring compliance with international migratory bird treaties and preventing illegal or wasteful taking.

Key Points

1Creates a dedicated subsection (c) in Section 2 of the MBTA defining “Alaska Native” and “authentic Alaska Native article of handicraft.”
2Defines Alaska Native status through verifiable documents (tribal enrollment card, CDIB, or Silver Hand permit).
3Broadly defines authentic Alaska Native handicrafts as items made largely from natural materials, created by Alaska Natives through traditional handicraft methods, and not produced with mass copying devices; includes weaving, carving, sewing, beading, painting, and related combinations.
4Clarifies that authentic Alaska Native handicrafts containing nonedible migratory bird parts may be possessed, sold, or transported for trade or sale, notwithstanding other MBTA provisions, with the crucial caveat that this does not cover parts taken wastefully or illegally.
5Requires the Secretary of State and the Secretary of the Interior, within 180 days of enactment, to negotiate bilateral procedures with treaty partner countries to clarify treatment of these handicrafts and to adjust implementing regulations accordingly.
6Makes a technical amendment to MBTA Section 2(a) by inserting a comma after “March 4, 1972” for precision.

Impact Areas

Primary: Alaska Native artisans and communities who produce and trade authentic handicrafts containing nonedible migratory bird parts; merchants, retailers, and collectors of Alaska Native crafts; and Alaska cultural organizations.Secondary: U.S. and international authorities enforcing the MBTA and regulating cross-border trade in migratory bird parts; government agencies (State Department and Interior) implementing treaty obligations; treaty partner countries affected by bilateral procedures.Additional impacts: Potentially smoother cross-border trade for legitimate Alaska Native crafts, with a clarified compliance framework; ongoing need to guard against wasteful or illegal taking; possible administrative and regulatory adjustments as new bilateral procedures are established.

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