The list below addresses the most frequently asked questions about
the harvest of sea otters, polar bears and walrus. Click on any question
below to see the answer. For answers to other related questions contact
the U.S. Fish & Wildlife Service Marine Mammals
Management or appropriate Law
Enforcement office.
How do we define "Alaskan Native"
for these Q&As?
A complete definition of “Alaskan Native”
for the purposes of the Marine Mammal Protection Act is found in the Code of Federal Regulations (50 CFR 18.3) In general,
when we use the term “Alaskan Native” in these Q&As,
we mean Indians, Aleuts and Eskimos who reside in Alaska and who dwell
on the coast of the north Pacific Ocean or Arctic Ocean. The definition
includes those who are one-fourth degree or more Alaskan Indian, Aleut
or Eskimo, or who are enrolled under the Alaska Native Claims Settlement
Act.
How do we define "authentic
native handicraft" for these Q&As?
The term “authentic native handicraft” means
an item composed of a significantly altered pelt or an item that is
wholly or in some significant respect made of natural materials and
which is produced, decorated or fashioned in the exercise of traditional
handicrafts without the use of pantographs, multiple carvers or other
mass copying devices. Authentic native handicrafts include, bur are
not limited to weaving, carving, stitching, sewing, lacing, beading,
drawing and painting. Polar bear rugs are not considered an authentic
native handicraft. For a complete legal definition of “authentic
native handicraft” for the purposes of the Marine Mammal Protection
Act, see the Code of Federal Regulations (50 CFR
18.3)
Who may hunt sea otters, polar
bears or walrus?
Alaskan Natives, as defined above, may harvest sea otters,
polar bears or walrus for subsistence purposes or the creation and sale
of authentic native handicrafts or clothing if the harvest is not wasteful.
It is illegal for a person who is not an Alaskan Native to actively
participate in any manner in hunting sea otters, polar bears or walrus.
Is there a harvest limit for
sea otters, polar bears or walrus?
No. Alaskan Natives, as defined above, are not limited
by Federal law in the number that can be harvested, providing the harvest
is not wasteful and the population does not become depleted. Numbers
killed should be limited to what can reasonably be utilized. Sea otters,
polar bears and walrus may be harvested any time during the year. Check
with local tribal entities or the Alaska
Sea Otter and Steller Sea Lion Commission for guidelines on sea
otter hunting. Harvest guidelines exist in an agreement between the
hunters of the North Slope Borough and the Inuvialuit of Canada for
polar bear harvesting. Contact the Alaska
Nanuuq Commission or the North
Slope Borough Fish and Wildlife Department for more information.
For guidelines on walrus hunting, contact the Eskimo
Walrus Commission.
May walrus be hunted only
for their ivory?
No. Killing walrus and then harvesting only the head or
ivory is considered wasteful and therefore illegal. In cooperation with
the Eskimo Walrus Commission, the U.S. Fish and Wildlife Service has
issued a policy explaining wasteful take. The policy requires that,
at a minimum, the heart, liver, flippers, coak, some red meat, and the
ivory be brought back from each walrus harvested. In addition to the
required parts listed above, hunters are encouraged to salvage all edible
portions of the harvested walrus. See the Code of Federal
Regulations (50 CFR 18.3) for a complete definition of the term
“wasteful manner” as applied to taking marine mammals.
Are there reporting requirements
for sea otter, polar bear or walrus hunters?
Yes. Hunters must present the walrus tusks as well as
hides and skulls of sea otters and polar bears to U.S. Fish and Wildlife
Service representatives for tagging. Hides, skulls and tusks must be
tagged within 30 days of the kill. The hide and skull should be thawed
before being tagged to: 1) allow an unbroken pre-molar tooth to be extracted
for aging; 2) allow accurate skull measurements to be made; and 3) allow
the hide to be examined for determination of sex. The baculum should
remain attached to the hides of male polar bears and sea otters. Flipper
tags, ear tags, radio collars or radio transmitters found on the animal
must be given to the tagger to be returned to the U.S. Fish and Wildlife
Service. A list of tagging representatives is available from the Marking,Tagging
& Reporting Program, U.S. Fish and Wildlife Service.
May authentic native handicrafts be sold?
Yes. Authentic native handicrafts, as defined in the answer
to the second question above, may be sold by Alaskan Natives to anyone,
and they may be resold and bought by anyone. However, for species listed
as Threatened or Endangered under the Endangered Species Act, no import
or export can occur in connection with the sale. Currently, none of
the three species managed by the U.S. Fish and Wildlife Service (sea
otters, walrus or polar bear) are listed. For information on other marine
mammals listed under the Endangered Species Act, contact the National
Marine Fisheries Service .
Who may collect beach found
parts?
Depending on land ownership, Federal regulations allow
anyone (Alaskan Natives and non-Natives) to collect parts from dead
sea otters, polar bears and walrus found on the beach or land within
1/4 mile of the ocean (including bays and estuaries). See answers below
for limitations and requirements for collecting beach found parts of
these marine mammals.
Where can beach found parts
be collected?
Regulations vary depending on land ownership. The collector
has the responsibility to know whose lands they are visiting. Before
removing any resource, collectors should check for regulations established
by government land managers (Federal, State or local), or for limitations
placed by private landowners. Collection of any animal parts is prohibited
on National Park Service lands. For more information , contact the National
Park Service, Alaska office at (907) 644-3510/3509.
What parts may be collected?
Non-Natives may collect ONLY the skulls, bones, teeth
and ivory from beach found sea otter, polar bear and walrus carcasses.
In addition to those parts, Alaskan Natives may also collect the skins,
meat and organs from these animals. Animal parts (including marine mammals)
of an archeological or paleontological origin may not be collected from
Federal or State lands.
Are there reporting requirements
for beach found parts?
Collected parts from sea otter, polar bear and walrus
must be presented to a U.S. Fish and Wildlife Service representative
for registration and/or tagging. Parts must be reported within 30 days
of the find. Once these parts are registered, they become the property
of the finder and cannot be sold, traded or given away without permission
from the registering agency. However, ivory found on the beach by Alaskan
Natives is treated in the same manner as ivory collected during a harvest:
it must be tagged within 30 days and may then be made into authentic
native handicrafts, which may be sold. Location of tagging representatives
is available from the Marking, Tagging & Reporting
Program, U.S. Fish and Wildlife Service.
Parts from marine mammal species other than sea otter,
polar bear or walrus must be registered with the National
Marine Fisheries Service (NMFS). For more information on these other
marine mammal species, see the NMFS
web site.
What about collecting beach
found parts from other marine mammals?
The National Marine Fisheries Service (NMFS) has responsibility
for managing whales, seals, sea lions, dolphins and porpoises. Detached
hard parts (skulls and bones) from a non-endangered species may be collected.
Most large whales (more than 25 feet in length) are endangered, so their
parts may not be collected. For answers to questions on these species,
contact National Marine Fisheries Service.
What about fossil ivory?
Fossil ivory is ancient ivory whose composition has changed
from ivory to mineral. Care should be taken to distinguish fossil ivory
from recent ivory which has yellowed or discolored. Fossil ivory (including
walrus, mammoth and mastodon) and other archeological and paleontological
materials are regulated by an array of Federal and State laws. These
items may not be collected on any Federal or State lands. Fossil ivory
may be collected on private lands with the permission of the land owner,
and is not regulated under the Marine Mammals Protection Act. Fossil
ivory does not have to be tagged or registered. Anyone may sell fossil
ivory without first handcrafting it.
Are there other legal uses
of sea otters, polar bears or walrus?
Yes. The meat or other edible parts from sea otters, polar
bears or walrus may be sold if it sold in an Alaskan Native village
or town.
May raw (tanned or untanned)
hides be sold or transferred?
Yes, but only between Alaskan Natives within Alaska or to a registered
agent for resale or transfer to an Alaskan Native within Alaska. It
is illegal to give as a gift, trade or sell either tanned or untanned
hides to non-Natives.
How may an alaskan native have
a hide tanned?
Alaskan Natives may have sea otter or polar bear hides
tanned by taxidermists or tanneries which have a registered agent permit
from the U.S. Fish and Wildlife Service. Sea otter hides and polar bear
hides must be tagged in order for the tannery to tan the hides. Tanneries
have been instructed not to process untagged hides. Individuals sending
hides for tanning may wish to include a signed and dated statement indicating
they are Alaskan Native and may legally possess the hide. Tags must
remain affixed to the hide during the tanning process and until the
hide is cut in parts for creation of an authentic Native handicraft.
Contact the Marking, Tagging & Reporting
Program of the U.S. Fish & Wildlife Service to get a list of permitted
tanneries.
May authentic native handicrafts
made from sea otter or polar bear be exported?
Authentic native handicrafts made from sea otter or polar
bear parts may be exported to a foreign country. However, the exporter
must first obtain a Convention on International Trade in Endangered
Species (CITES) permit from the U.S. Fish and Wildlife Service. A CITES permit is not required
for handicrafts that are personal items if they are worn or carried
in accompanying baggage, or are part of a shipment of household effects
of persons moving their residence from the United States. A U.S. Fish
and Wildlife Service Declaration
Form 3-177 should be completed prior to taking any personal marine
mammal product out of the country, even it is intended that it will
be brought back by the same person.
Exporters should inquire about foreign import restrictions,
since some countries may not allow the importation of handcrafted sea
otter or polar bear products. For further information, contact one of
the U.S. Fish and Wildlife Service offices on the contact list below,
or see this web page, “A
Customs Guide to Alaska Native Arts” maintained by the State
of Alaska.
May walrus ivory be exported?
The answer is different for modern ivory versus fossil
ivory. For modern ivory, only ivory that has been made into an authentic
native handicraft may be exported to a foreign country. However, the
exporter must first obtain a Convention on International Trade in Endangered
Species (CITES) permit from the U.S. Fish and Wildlife Service. A CITES permit is not required
for authentic native handicrafts made from walrus ivory if they are
personal items that are carried out, are contained in accompanying baggage,
or are part of a shipment of household effects of persons moving their
residence from the United States. A U.S. Fish and Wildlife Service Declaration
Form 3-177 should be completed prior to taking any personal marine
mammal product out of the country, even it is intended that it will
be brought back by the same person.
Exporters should inquire about foreign import restrictions,
since some countries may not allow the importation of walrus ivory.
For further information on requirements of other countries, see this
web page, “A
Customs Guide to Alaska Native Arts” maintained by the State
of Alaska.
Fossil walrus ivory does not need to be made into an authentic
native handicraft for sale, import or export. However, it does require
a CITES permit for import or export.
May authentic native handicrafts
made from sea otter, polar bear or walrus be imported?
Sea otter, polar bear and walrus (excluding fossil ivory)
parts and products may not be imported, unless they are authentic Native
handicrafts that were exported as personal items under a U.S. Fish and
Wildlife Service Declaration
Form 3-177 or permit for transportation. However, Alaskan Natives
may also import handicrafts that were acquired outside the United States
if they are part of a cultural exchange. For specific information, contact
one of the U.S. Fish and Wildlife Service offices on the contact list
below.
Fossil walrus ivory may be imported with a CITES permit
from the country from which the fossil ivory is being exported.
What should I do if I find
a marine mammal I think is in distress?
Without proper authorization, it is illegal to touch,
approach, or disturb any marine mammal. In most cases, sea otters, polar
bears and walrus which appear to be stranded should not be “rescued”.
Many marine mammals often haul out on beaches to groom and rest. If
you see a pup alone its mother is probably nearby or out foraging. If
you “rescue” a healthy animal you may doom it to a life
in captivity. However, if you think the animal needs help take photographs
(preferably digital photographs which can be emailed), and a detailed
description of the animal, time and location. Watch it from a distance
for 24 hours. Do not let other people, or their pets, harass it. Under
no circumstances should you decide to remove a marine mammal from the
wild – leave that to the professionals. See Strandings for more information.
For assistance, call the Alaska SeaLife Center’s
24-hour stranding hotline at
1-888-774-7325, or the Marine Mammals Management office at 1-800-362-5148
during business hours. For information on marine mammals other than
sea otter, polar bears or walrus, call the National Marine Fisheries
Service at 1-907-586-7235, or visit their web
site.
DEFINITIONS IN THE CODE OF
FEDERAL REGULATIONS
(50 CFR 18.3) FOR THE MARINE MAMMAL PROTECTION ACT:
TITLE 50--WILDLIFE AND FISHERIES
CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE
INTERIOR--(Continued)
PART 18--MARINE MAMMALS--Table of Contents
Subpart A--Introduction
Sec. 18.3 Definitions.
In addition to definitions contained in section 3 of
the Act and in part 10 of this subchapter, and unless the context requires
otherwise, in this part 18:
Act means the Marine Mammal
Protection Act of 1972, 86 Stat. 1027, 16 U.S.C. 1361-1407; Pub. L.
92-522.
Alaskan Native means a
person defined in the Alaska Native Claims Settlement Act (43 U.S.C.
section 1603(b) (85 Stat. 588)) as a citizen of the United States who
is of one-fourth degree or more Alaska Indian (including Tsimshian Indians
enrolled or not enrolled in the Metlaktla Indian Community), Eskimo,
or Aleut blood, or combination thereof. The term includes any Native,
as so defined, either or both of whose adoptive parents are not Natives.
It also includes, in the absence of proof of a minimum blood quantum,
any citizen of the United States who is regarded as an Alaska Native
by the Native village or town of which he claims to be a member and
whose father or mother is (or, if deceased, was) regarded as Native
by any Native village or Native town. Any citizen enrolled by the Secretary
pursuant to section 5 of the Alaska Native Claims Settlement Act shall
be conclusively presumed to be an Alaskan Native for purposes of this
part.
Authentic native articles of handicrafts and clothing means items made by an Indian, Aleut,
or Eskimo which (a) were commonly produced on or before December 21,
1972, and (b) are composed wholly or in some significant respect of
natural materials, and (c) are significantly altered from their natural
form and which are produced, decorated, or fashioned in the exercise
of traditional native handicrafts without the use of pantographs, multiple
carvers, or similar mass copying devices. Improved methods of production
utilizing modern implements such as sewing machines or modern techniques
at a tannery registered pursuant to Sec. 18.23(c) may be used so long
as no large scale mass production industry results. Traditional native
handicrafts include, but are not limited to, weaving, carving, stitching,
sewing, lacing, beading,drawing, and painting. The formation of traditional
native groups, such as cooperatives, is permitted so long as no large
scale mass production results: Provided that, it has been determined
that no items created in whole or in part from sea otter meet part (a)
of this definition and therefore no such items may be sold.
Commercial fishing operation
means the lawful harvesting of fish from the marine environment for
profit as part of an on-going business enterprise. Such term shall not
include sport fishing activities whether or not carried out by charter
boat or otherwise, and whether or not the fish so caught are subsequently
sold.
Endangered species means
a species of marine mammal listed as `endangered'' pursuant to the Endangered
Species Act of 1973, 87 Stat. 884, Pub. L. 93-205 (see part 17 of this
subchapter).
Incidental catch means the taking
of a marine mammal (a) because it is directly interfering with commercial
fishing operations, or (b) as a consequence of the steps used to secure
the fish in connection with commercial fishing operations: Provided,
however, That a marine mammal so taken must immediately be returned
to the sea with a minimum of injury; and Provided, further, That the
taking of a marine mammal which otherwise meets the requirements of
this definition shall not be considered as incidental catch of that
mammal if it is used subsequently to assist in commercial fishing operations.
Marine mammal means any
specimen of the following species, whether alive or dead, and any part
thereof, including but not limited to, any raw, dressed, or dyed fur
or skin:
Scientific
Name |
Common
Name |
Date
Listed |
| Ursus maritimus |
Polar bear |
Dec. 21, 1972 |
| Enhydra lutris |
Sea otter |
Do. |
| Odobenus rosmarus |
Walrus |
Do. |
| Dugong dugon |
Dugong |
Do. |
| Trichechus manatus |
West Indian manatee |
Do |
| Trichechus inunguis |
Amazonian manatee |
Do. |
| Trichechus senegalensis |
West African manatee |
Do. |
| Lutra felina |
Marine otter |
Mar. 29, 1978 |
Note: Common names given may be at variance with local
usage.
Native village or town means any community, association, tribe, band, clan, or group.
Pregnant means pregnant
near term.
Subsistence means the
use by Alaskan Natives of marine mammals taken by Alaskan Natives for
food, clothing, shelter, heating, transportation, and other uses necessary
to maintain the life of the taker or for those who depend upon the taker
to provide them with such subsistence.
Take means to harass, hunt,
capture, collect, or kill, or attempt to harass, hunt, capture, collect,
or kill any marine mammal, including, without limitation, any of the
following: The collection of dead animals or parts thereof; the restraint
or detention of a marine mammal, no matter how temporary; tagging a
marine mammal; or the negligent or intentional operation of an aircraft
or vessel, or the doing of any other negligent or intentional act which
results in the disturbing or molesting of a marine mammal.
Threatened species means
a species of marine mammal listed as ``threatened'' pursuant to the
Endangered Species Act of 1973, 87 Stat. 884, Pub. L. 93-205.
Wasteful manner means
any taking or method of taking which is likely to result in the killing
or injuring of marine mammals beyond those needed for subsistence purposes
or for the making of authentic native articles of handicrafts and clothing
or which results in the waste of a substantial portion of the marine
mammal and includes without limitation the employment of a method of
taking which is not likely to assure the capture or killing of a marine
mammal, or which is not immediately followed by a reasonable effort
to retrieve the marine mammal.
[39 FR 7262, Feb. 25, 1974, as amended at 43 FR 13066,
Mar. 29, 1978; 55
FR 14978, Apr. 20, 1990]
