To amend the Migratory Bird Treaty Act to exempt certain Alaskan Native articles from prohibitions against sale of items containing nonedible migratory bird parts, and for other purposes.

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3109) to amend the Migratory Bird Treaty Act to exempt certain Alaskan Native articles from prohibitions against sale of items containing nonedible migratory bird parts, and for other purposes.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.

I yield myself such time as I may consume.

Mr. Speaker, since 1918, the United States has signed four migratory bird treaties with Canada, Mexico, Japan, and Russia. In 1997, the Canada and Mexico treaties were revised to allow Alaska Natives to harvest for subsistence use protected migratory birds during the so- called closed season.

Unfortunately, when implementing the treaty language, Congress failed to clarify that the nonedible parts of the harvested migratory bird could be sold in commercial products. As a result, what we have today is a bizarre policy that allows Alaska Natives to hunt, kill, consume, and to also use nonedible parts in handicraft items, but prohibits them from selling those handicrafts.

However, the Fish and Wildlife Service has now decided to cite Alaska Native artists who use migratory bird feathers in a variety of items, including hats, fans, and hunting arrows. It is not illegal to simply throw away these nonedible migratory bird parts.

According to Ms. Jacqueline Pata, the vice chair of the Sealaska Corporation, there are less than 500 traditional artists and a much fewer number that use nonedible parts of migratory birds. In her testimony, she noted that this legislation parallels the existing exemption in the Marine Mammal Protection Act and that ``all we are asking is to be able to begin helping ourselves in a very small way by providing a modest income to severely impoverished communities through a traditional means.''

Mr. Speaker, the Fish and Wildlife Service could have revised their regulations, they could have worked with the Alaska Migratory Bird Co- Management Council, and they could have continued to utilize their law enforcement discretion. In each case, they chose not to; instead, they decided to penalize a Native Alaskan artist who used raven and flicker feathers gathered from road-killed animals.

This is a misguided and wrong policy. This is why I introduced this important legislation on behalf of my Native Alaskan constituents.

I urge an ``aye'' vote on H.R. 3109, and I reserve the balance of my time.

Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. Speaker, I yield myself such time as I may consume.

(Mr. LOWENTHAL asked and was given permission to revise and extend his remarks.)

Mr. Speaker, this bill would provide an exemption to the Migratory Bird Treaty Act, the MBTA, for the sale of Alaskan Native handicrafts that seems consistent with exemptions provided to Alaska Natives in other important conservation laws, like the Endangered Species Act and the Marine Mammal Protection Act.

However, the MBTA is distinct from these other laws because it actually implements four separate treaties between the United States and Canada, Mexico, Japan, and Russia; and it remains unclear if amending the MBTA, as proposed by Mr. Young's bill, would violate our treaty obligations to the other implementing nations.

During our legislative hearing on this bill, the committee heard testimony from the Fish and Wildlife Service that the State Department should be consulted on any proposed amendments to the MBTA. However, we have not heard from the Fish and Wildlife Service or the State Department since that time.

I support the rights of Alaskan Natives to create and sell traditional handicrafts. So while I feel it is important that we consider the impact that this bill may have on other existing treaty obligations, I will support this bill.

With that, I yield back the balance of my time.