US SENATE RATIFIES AMENDMENTS TO MIGRATORY BIRD TREATIES WITH CANADA AND MEXICO
by Carl Jack

“It is not unlawful or illegal to be hungry, so we hunt migratory birds from March to September,” stated an elder from Fort Yukon, during the 1994 bilateral negotiation to amend the Migratory Bird Treaty of 1916 between United States and Canada. For 81 years, Alaska’s and Canada’s Indigenous People hunted migratory birds for subsistence, each time risking becoming criminal to feed their families. For more than 81 years, subsistence hunting was illegal in northern latitudes between March and September under the terms of the treaty negotiated between the United States and Canada in 1916. It was only legal for sport hunters and only opened after the migratory birds left Alaska and northern Canada.

The Native Migratory Bird Working Group was formed in 1989 to work towards legalizing the taking of migratory birds for subsistence uses between March and September of each year. RurAL CAP Subsistence and Natural resources provided staff support and travel funds to allow the Native Working Group to meet regularly. RurAL CAP was instrumental in gaining three seats on the US negotiating team for Alaska Native subsistence users. Significant accomplishments were achieved during the bilateral negotiations in two areas:

1. The negotiations resulted in explicit language that recognize and legalize the taking of migratory for subsistence uses
   
   
2. Provisions under the interpretive language that will allow Alaska’s Indigenous People to participate equally with the government in the management of migratory birds.

On September, 1997 the US Senate ratified the Treaty amendments as negotiated between US and Canada, culminating 10 years of hard work by the Native Migratory Bird Working Group. “Participation by Native people in the development of international policy is a significant level of empowerment” stated Jeanine Kennedy, Executive Director, RurAL CAP. Under the terms of the treaty amendments, it is now legal for Alaska’s Indigenous People to hunt migratory birds for subsistence uses.

To implement the treaty amendments, the Native Working Group is planning a work-session in February 1998 with US Fish and Wildlife Service on the management bodies that will have the responsibility of managing migratory birds. The interpretive language of the treaty calls for the equal participation of Alaska Native in the management of migratory birds. It is very important that all parties involved talk from the same definitions, and terms of the treaty amendment in order to implement the treaty for the conservation and utilization of migratory birds for subsistence uses.

Carl Jack is Director of Subsistence & Natural Resources Dept., RurAL CAP. He can be reach be email at cjack@ruralcap.com