CU 07-25

U.S. Fish and Wildlife Service Seeks Public Comment on Proposed Environmental Assessment on Distribution of Migratory Bird Feathers to Native Americans – Congressional Notification

The U.S. Fish and Wildlife Service is seeking public comment on a proposal to develop regulations that would allow Native Americans to obtain migratory bird parts and feathers of birds other than eagles for religious or spiritual use.  The Notice of Intent to prepare an Environmental Assessment (EA) is published in the June 15 Federal Register.

The EA would assess potential impacts on the natural and human environment that might result from different alternatives for legalizing the acquisition of feathers other than those from eagles, including impacts to Native American culture and religion.  Currently, no federal regulations govern the acquisition of migratory bird parts by Native Americans.

Between 1990 and 2000, the Fish and Wildlife Service’s National Eagle Repository distributed migratory bird parts and feathers from birds other than eagles to enrolled members of federally recognized Native American tribes.

In 1999, the Service suspended distribution of non-eagle feathers due to administrative resource constraints. Since that time, the Service has generally not issued permits to enrolled tribal members for the use of non-eagle feathers in religious and cultural ceremonies.

The Service regularly receives inquiries regarding the availability of migratory bird parts and feathers to Native Americans for religious and cultural use. The Service acknowledges the value of this resource in preserving Native American religion and culture and seeks input on nine topics:

· the sources of the parts and feathers that would be made available;

· criteria or conditions that should be established for eligibility;

· how different means of legal acquisition may affect tribes;

· how Native American tribes could be affected if such authorization is extended to others in addition to enrolled members of federally recognized tribes;

· the extent of Native American demand for such feathers and parts;

· whether the types of feathers being requested should be limited to those historically significant to the tribes acquiring them;

· which species of migratory birds are most valuable for Native American religious/spiritual purposes;

· potential impacts to migratory bird populations and other wildlife; and

· other concerns about this initiative.

The Service does not expect to authorize any means of distribution of non-eagle feathers and parts that would affect migratory bird or wildlife populations or impact wildlife habitat, and does not anticipate take from the wild of live birds through hunting or any other method.

Copies of the Notice of Intent may be found on the Service’s Web site at http://www.fws.gov/midwest/MidwestBird, or obtained by writing: Andrea Kirk, Permits Administrator, USFWS Migratory Bird Permits, 1 Federal Drive, Fort Snelling, MN  55111, or calling 612-713-5436.