FWS seeks comment on distribution of migratory bird feathers to Native Americans

The U.S. Fish and Wildlife Service (FWS) is seeking public comment on a proposal to develop regulations that would allow Native Americans to obtain parts and feathers from migratory birds other than eagles for religious or spiritual use.

The deadline for such comment is Aug. 14.

One topic FWS officials want input about is how Native American tribes could be affected if others, in addition to enrolled members of federally recognized tribes, are allowed to obtain migratory bird parts and feathers.

An environmental assessment (EA) of the proposal would assess potential impacts on the environment that might result from different alternatives for legalizing the acquisition of feathers and parts 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 1999, the FWS National Eagle Repository distributed migratory bird parts and feathers from birds (excluding eagles) to enrolled members of federally recognized Native American tribes.

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

FWS regularly receives inquiries regarding the availability of migratory bird parts and feathers to Native Americans for religious and cultural use.

FWS officials acknowledge the value of this resource in preserving Native American religion and culture, and seeks input on the following nine topics:
    • the sources of the parts and feathers that would be made available;
    • 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 FWS 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 taking from the wild or live birds through hunting or any other method.

Copies of the Notice of Intent may be found on the FWS web site at www.fws.gov/midwest/MidwestBird

Copies may also be obtained by writing to Andrea Kirk, Permits Administrator, USFWS Migratory Bird Permits, 1 Federal Drive, Fort Snelling MN 55111, or calling 612-713-5436.

Comments, which must be submitted by Aug. 14, may be sent via e-mail to otherfeathers@fws.gov, submitted via www.regulations.gov, by fax to (612) 713-7179, or by mail to Andrea Kirk at the address above. Please reference RIN 1018-AV14 when submitting comments by any of these methods.