Questions&Answers - Marine Mammals

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.

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)

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.

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.

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.

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 .

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

Native village or town means any community, association, tribe, band, clan, or group.

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]