[Federal Register: June 15, 2007 (Volume 72, Number 115)]
[Proposed Rules]
[Page 33188-33190]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jn07-22]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 21
RIN 1018-AV14
Migratory Bird Permits; Religious or Spiritual Use of Feathers by
Native Americans
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Advance notice of proposed rulemaking; notice of intent to
prepare an environmental assessment; request for comments and
information.
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SUMMARY: The U.S. Fish and Wildlife Service is considering amending its
migratory bird regulations to allow Native Americans to acquire parts
and feathers from birds other than eagles for religious or spiritual
use. No current regulations govern the acquisition and possession of
migratory bird parts and feathers of birds other than eagles for Native
American religious or spiritual use. We have a compelling interest in
protecting the traditional religious and spiritual resource values of
Native Americans as part of our trust relationship with federally
recognized Native American tribes. We recognize the need to balance
this compelling reason against the equally compelling basis for the
Migratory Bird Treaty Act. We seek information necessary to prepare an
environmental assessment under the National Environmental Policy Act
and its implementing regulations for a possible proposed rule.
[[Page 33189]]
DATES: To ensure consideration, we must receive your written comments
and suggestions on or before August 14, 2007.
ADDRESSES: Viewing Comments: If you wish to view the complete file for
this action, including comments and materials submitted by others, you
may call (612) 713-5436 to make an appointment, during normal business
hours, to view materials at the U.S. Fish and Wildlife Service, 1
Federal Drive, Ft. Snelling, MN 55111.
Submitting Comments: When submitting comments, refer to RIN 1018-
AV14 and please include your name and return address. Please submit
your comments by only one of the following methods:
1. U.S. Mail: Andrea Kirk, Permits Administrator, Migratory Birds
(use address above);
2. E-mail: otherfeathers@fws.gov;
3. Submit comments via http://www.regulations.gov and reference RIN
1018-AV14; or
4. Fax: (612) 713-7179.
FOR FURTHER INFORMATION CONTACT: Andrea Kirk, Permits Administrator,
Migratory Birds--Region 3, U.S. Fish and Wildlife Service, 1 Federal
Drive, Fort Snelling, MN 55111.
SUPPLEMENTARY INFORMATION:
Background
We, the U.S. Fish and Wildlife Service (Service), are the Federal
agency with the primary responsibility for managing migratory birds.
Our authority is based on the Migratory Bird Treaty Act (MBTA) (16
U.S.C. 703 et seq.), which implements conventions with Great Britain
(for Canada), Mexico, Japan, and the Soviet Union (Russia). Activities
with migratory birds are prohibited unless specifically authorized by
regulation. Regulations governing the issuance of permits for migratory
bird use are authorized by the MBTA and are found in title 50, Code of
Federal Regulations, parts 10, 13, 21, and 22. According to 50 CFR
21.11, permits are required for most actions involving ``any migratory
bird, or the parts, nests, or eggs of such bird.''
The MBTA contains no express provisions regarding the religious/
spiritual use of migratory bird feathers. However, we recognize the
significance of the parts and feathers to Native American religious/
spiritual practices under the American Indian Religious Freedom Act (42
U.S.C. 1996; AIRFA), a policy statement issued by Secretary of the
Interior C.B. Morton in 1975, and our 1994 Native American Policy. The
American Indian Religious Freedom Act (AIRFA), passed in 1978,
clarifies U.S. policy pertaining to the protection of Native American
religious freedom. AIRFA acknowledges prior infringement on the right
of freedom of religion for Native Americans and clearly states that
laws passed for other purposes are not meant to restrict the rights of
Native Americans. The Morton policy statement provides Native Americans
protection from Federal prosecution, harassment, or other interference
for their possession, transport, use, donation, exchange, or loan of
the feathers of federally protected species without compensation. The
Morton policy statement also protects Native Americans who wish to
possess bird parts and/or feathers to be worked on by tribal craftsmen
for eventual use in religious/spiritual activities and allows the
transfer of parts and/or feathers to tribal craftsmen without charge.
Our 1994 Native American Policy states that we must expedite
processing and distribution of animal parts to Native Americans.
Between 1990 and 2000, our National Eagle Repository distributed eagle
parts and feathers to enrolled tribal members. Regulations governing
permits for use of eagle parts and feathers are in 50 CFR Part 22. The
Repository also distributed migratory bird parts and feathers from
birds other than eagles to enrolled tribes. We conducted this
distribution on an ad-hoc basis under the authority of 50 CFR 21.27,
Special Purpose Permits, with no criteria or conditions specific to
Native American religious or spiritual use. In 1999, we temporarily
suspended distribution of non-eagle feathers, due to administrative
resource constraints. We now intend to prepare an environmental
assessment for a possible proposed regulation for the legal acquisition
by Native Americans of non-eagle feathers for religious/spiritual use.
Environmental Assessment
We intend to prepare an assessment in order to analyze the
potential impacts of various alternatives for establishing a legal
mechanism for the acquisition of non-eagle feathers by Native Americans
for religious/spiritual purposes. We will assess potential impacts on
the natural and human environment that may result from different
alternatives for legalizing the acquisition of these feathers,
including impacts to Native American culture and religion. We
particularly solicit comments on the following topics (most of these
are discussed further following the list):
(1) The source(s) of the parts and feathers that we would make
available;
(2) What criteria or conditions we should establish for individuals
to be eligible to receive the migratory bird parts and feathers;
(3) How different means of legal acquisition may affect Native
American tribes;
(4) How Native American tribes could be affected if we extend such
authorization to other persons in addition to enrolled members of
federally recognized Native American tribes;
(5) The extent of Native American demand for the parts and
feathers;
(6) Whether the types of feathers being requested should be limited
to those historically significant to the tribe acquiring them;
(7) Which species of migratory birds are most valuable for Native
American religious/spiritual purposes;
(8) Potential impacts to migratory bird populations and other
wildlife; and
(9) Other concerns the public may have related to this initiative.
Further discussion of selected items from above list follows:
(1) Sources. The sources of the parts and feathers to be made
available is one of the primary concerns of this notice. The merits of
centralized availability, such as the National Eagle Repository, versus
decentralized availability, the extent to which tribes will have access
and input into the source availability and eventual acquisition, and
the various avenues for acquiring the feathers and parts are issues
upon which we seek comments, suggestions, and guidance from interested
parties.
(2) Eligibility. The MBTA, unlike the Bald and Golden Eagle
Protection Act (16 U.S.C. 668a), does not provide for possession of
migratory birds for religious/spiritual purposes by Native American
tribes, regardless of whether or not they are members of recognized
tribes. However, we have traditionally limited access to migratory
birds and their parts to enrolled members of recognized tribes. We seek
input on the potential impacts of providing legal access to non-eagle
feathers for religious/spiritual use to individuals other than enrolled
members of recognized tribes, including impacts to enrolled tribal
members, members of non-recognized tribes, or other affected parties.
(3) Means. We will look favorably upon methods that involve
decentralized availability and recognize tribal autonomy. We seek a
solution that will uphold the MBTA without placing a burden on our
resources.
(4) Demand. We seek input, suggestions, and comments on possible
uses, the frequency and pervasiveness of these uses, and an estimation
of the
[[Page 33190]]
demand upon the resource for these uses.
(5) Wildlife Population and Habitat Impacts. We do not expect to
authorize any means of acquisition that would affect migratory bird or
wildlife populations or impact wildlife habitat. We do not anticipate
take from the wild of live birds through hunting or any other method.
However, we seek input, comments, and suggestions on this issue.
Authority: The authorities for this notice are the Migratory
Bird Treaty Act of 1918, as amended (16 U.S.C. 703-712), and the
Bald and Golden Eagle Protection Act (16 U.S.C. 668a).
Dated: May 29, 2007.
David M. Verhey,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E7-11559 Filed 6-14-07; 8:45 am]
BILLING CODE 4310-55-P