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Laws govern who can keep whale bones, antlers and animal parts

Riley Woodford Alaska Department of Fish and Game Oct 27, 2017 Updated 4 hrs ago



A dead gray whale washed up on a beach near Juneau a few years ago. Over the course of several months, those willing to brave the stench salvaged the bones.

When I checked it out, I asked one person who was taking some vertebrae if it was legal. He said he assumed it was OK, “because gray whales aren’t endangered.”

Alaskans are fond of animal parts. Hunters keep skulls, hikers find and keep shed antlers, beachcombers keep bones, and it seems like everyone keeps a few bird feathers. What is legal to keep, and what is not?

The path to the answer might be complicated, but generally the answer is simple: Yes, you can keep this or no, you can’t.

Animals in Alaska, and in Alaska waters, are managed by different state and federal agencies, and each agency has rules about picking up and keeping parts of the animals they manage. In this context, the Alaska Department of Fish and Game manages terrestrial wildlife, including upland game birds such as grouse and ptarmigan. The U.S. Fish and Wildlife Service manages (or co-manages with ADF&G) most other birds and three marine mammals: Pacific walrus, polar bear and sea otter. The National Marine Fisheries Service manages other marine mammals, including seals, sea lions, porpoise, toothed whales and baleen whales.

Land ownership, or status, is an issue as well, and there are places where animal parts must remain where they lie.



Antlers, skulls and bones

Brynn Parr is a permit biologist with the Division of Wildlife Conservation at ADF&G. She said if a person is walking through the woods and finds a naturally shed antler, he or she can keep it. The same is true for skulls and bones.

“As far as deer, elk, moose and caribou antlers go, you can pick them up and take them home,” she said. “It’s OK to take a deer skull. If someone found a Dall sheep skull, I’d recommend they bring it in and get a complimentary seal to document that it was found and it’s not a poaching situation. All sheep have to be sealed if they will be taken out of state. There is no sealing requirement in Alaska for deer, so no need to seal a deer skull.”

The “seal,” generally a metal tag, is attached to the skull.

Land ownership — where you find it — is important, too. It’s illegal to take anything out of a national park. So a moose antler shed on the Gustavus forelands is legal to take home, but if it falls off a mile away in Glacier Bay National Park, it has to stay there. Some animals, such as Steller sea lions and sea otters, are endangered or threatened in parts of Alaska, and not in others. It’s legal to take home a sea otter skull from a Southeast Alaska beach but not a Kodiak Island beach.

So what about keeping those gray whale vertebrae? Legal. There’s a caveat: The parts must be registered with National Marine Fisheries Service.

Bob Marvelle is the supervisory enforcement officer with NMFS in Juneau. He outlined a scenario in Southeast Alaska:

“You’re a non-Alaska Native and you’re walking the beach, or within a quarter-mile of the beach, and you find a dead sea lion. You can collect hard parts,” he said. “Hard parts only — nature has to take its course, if there is soft tissue on it you have to leave it — you can’t cut anything off.”

Contact NMFS within 30 days to register the part. You can bring it in, or an enforcement officer can drop by your house. “It’s often easier for us, and them, if we go to them,” Marvelle said. “We try to work with folks. We get basic information about the object, what it is, where it was found. We work hand in hand with the biologists, and this information helps them track things like dead whales or dead sea lions on the beach.”

Marvelle said it’s sometimes tricky to identify an object. “It’s a tooth, but what’s it from? I’ll get pictures and do a positive ID. Is it from an endangered species or not?”

The item gets a registration number on it.

“I just registered some parts today — once it’s registered it can’t be transferred without authorization,” he said. “If a family is beachcombing and finds some bones on the beach — do it up front. Don’t have mom register everything in her name if the kids are going to take some of the bones somewhere else.”

The U.S. Fish and Wildlife Service, which manages walruses, sea otters and polar bears, also registers parts that people find and can legally keep. Could you keep a polar bear skull or a walrus tusk if you found such a thing on a beach? Yes.

Mac Whisler is a USFWS resident agent in charge, based in Fairbanks. “It would be legal to find and keep a polar bear skull, if it was found within a quarter mile of the beach on land, and it was registered,” he said. “You can’t keep polar bear claws, though.”

He said the Fish and Wildlife Service does not use the term “hard parts” for that reason. They state that bones, teeth and ivory may be collected. He said the object has to be on land, within a quarter-mile of the ocean.

“People do occasionally find a dead walrus floating on the ocean, and if they’re not Native and it’s not part of subsistence hunt, they can’t take it,” he said. “It has to wash up on the beach. Once beached, a non-Native could take the ivory.”

You must bring the object into a USFWS law enforcement office within 30 days and register it. The offices in Alaska are in Nome, Fairbanks and Anchorage, and contact information is at the end of the article.



Ethnicity

Alaska Native people can collect virtually all parts from any marine mammal for subsistence purposes. Specific parts from walrus, polar bears and sea otters must be registered with the USFWS. Someone who collects an item would contact a tagger.

“There is a network of taggers that work for the Fish and Wildlife Service throughout the state,” Whisler said. “They’re usually local residents. They tag the animal and give them a certificate. For a walrus tusk, the hides and skulls of polar bears and sea otter, they get a locking tag.”

Marvelle, with NMFS, said baleen is in a class by itself. “Non-Native people cannot collect baleen, Alaska Natives can.” Raw baleen can then be crafted and sold.

“The term we use is significantly altered,” Marvelle said. “An Alaska Native taking and polishing the baleen, smoothing it, it is significantly altered — you can’t make it raw again. An Alaska Native can collect an endangered species animal part like baleen and make a baleen basket. Or a sea otter, and craft it into a doll, boots, scarves; it can’t be just displayed as a hide.”



Mounts and crafted items

Regulations protecting marine mammals and endangered species were enacted in the early 1970s. Prior to that, non-Natives and even nonresidents legally harvested polar bears and made rugs, taxidermy mounts, and a variety of things that would be illegal today. What happens when you inherit something like that?

“It’s considered pre-act,” Marvelle said. “I get calls about pre-act items that are out there, ‘My grandparents had this item — what can I do with it?’ There are places that have stuff that’s been up on the walls for 60 or 70 years.”

Marvelle documents that the object pre-dates the protection acts. “One guy’s dad died and he had a fully mounted harbor seal,” he said. “He had his dad’s hunting license, hunting permit, and even the plane tickets. He had pictures — this was from 1961 or ’62. It made it easy to prove it was pre-act. So I had to verify it, and it was legal for him to have this.”

State and federal agencies can also issue educational, scientific and other kinds of permits that enable people and institutions like museums to possess animal parts.



Common problems

A common issue Marvelle sees is non-Native people doing things that would be legal for Native people.

“There are a lot of say, humpback whale bones that have been crafted, or baleen scrimshawed by non-Natives, and then sold as a Native handicraft,” he said. “I have sperm whale teeth in evidence now from illegal sales.”

He said a couple years back an outfitter supply company got in trouble for mass producing a bow hunting accessory using seal hides. “They were taking seal hides and cutting them up, making mechanically mass-produced items and selling them,” Marvelle said. “They were not Native, and even if they were, something can’t be mass-produced mechanically. It has to be a handicraft.”

The issue of selling animal parts is complicated, with restrictions, exceptions, and qualifications, and that’s best addressed in a case by case basis.



Feathers

It’s not legal to possess songbird feathers, so I can’t keep that beautiful cobalt-blue Steller jay feather I found. Considering that 150 years ago, snowy egrets and trumpeter swans were nearly hunted to extinction for their feathers, it understandable that efforts were made to protect birds. At least 50 North American bird species were targeted for the millinery trade — feathers and wings used to adorn hats. The Migratory Bird Act, passed in 1918, applies to a wide range of birds, migratory or not. Hawks, eagles and owls were not included in the original act but are protected today by subsequent laws. It also protects eggs and nests.

“In general, you can’t possess or sell bird feathers,” Whisler said. “With some exceptions — you’re a hunter and you have lawfully harvested a bird during hunting season, a hunter can keep those feathers. Upland game birds are not federally regulated, so ptarmigan, grouse are okay — you can pick up all the grouse feathers you want.”

That’s true of birds like pheasants, quail and chukars, in states that have them. It’s legal to have feathers from domestic birds such as chickens or peacocks, and birds that are legal to keep as pets, like canaries, pigeons and parakeets. A link to the “clean list” for legal pets in Alaska is available on page B1.

The feathers from lawfully hunted waterfowl are legal to own, use, possess and transport, Whisler said. “You can’t sell them. Importing and exporting is tricky. There are some exceptions — feathers from lawfully hunted waterfowl like ducks and geese can be sold for fly tying.” Importing and exporting questions should be answered by the wildlife inspection office in Anchorage at 907-271-6198.

The Alaska Sea Grant Marine Advisory Program recently issued a flier called “Collecting dead marine mammal parts while beachcombing.” It details the three things you need to know regarding marine mammals: your ethnicity; the land ownership (and your responsibility to know any removal restrictions) and the population status, under the Endangered Species Act, of the marine mammal you find. Once those details are clear, it’s pretty easy. You can download the free PDF and learn more from Sea Grant at bit.ly/2wCRfoe.

Riley Woodford is the editor of Alaska Fish and Wildlife News. He began collecting skulls and bones as a biology major in the early 1980s when he prepared study skins and museums specimens for his college. He has tiny shrew skulls gleaned from owl pellets and (registered) whale vertebrae. This article was originally published in Alaska Fish & Wildlife News. It’s used here with permission.



Additional resources

• NOAA marine mammal parts FAQ: bit.ly/2axgLAN

• Reporting a dead or distressed marine mammal: bit.ly/2hNZtDW

• Birds and other animals that may be kept as pets or livestock in Alaska: bit.ly/2y00JcF

• USFWS Law Enforcement: For questions about migratory birds, raptors, songbirds, walrus, polar bear and sea otter

Nome: 907-443-2479

Fairbanks: 907-456-2335

Anchorage: 907-271-2828

Juneau: 907-586-7545

• USFWS parts registration: 1-800-362-5148

• NMFS Law Enforcement: For questions about seals, sea lions, whales and porpoises, and to register parts: http://www.nmfs.noaa.gov/ole/

• https://alaskafisheries.noaa.gov/pr

Juneau: 907-586-7225

Anchorage: 907-271-1823

Kodiak: 907-486-3298

Links to the FWS-specific federal regulations for migratory bird hunting and marine mammals, providing more precise language:

For marine mammals (see 50 CFR 18.26 for beach-found parts): bit.ly/2yrgHhm

For migratory bird hunting (see 50 CFR 20.91 and 20.92 for use of feathers): bit.ly/2ypnFUi

While it is interesting, the legal side of me has to wonder how it passes constitutional muster for there to be two sets of laws...one for Americans and one for Americans who also happen to be somewhat indian/native.

The equal protection section of the 14th amendment.

Functionally, charging one American for a crime that would not be a crime if the American were of a different race...that is blatantly illegal under the most simple reading of the constitution.

Seems like someone would take that to court...

The entire premise of the American legal system is equality under the law. There are no "special" Americans in a courtroom.

"I've long feared my sins would find me out." From the patriot. From that perspective, right or wrong, we have crafted immunity into "Native American" law. Also in the lower 48, these tribes are sovereign nations. I could write for hours the abuses of my rights as a Native born American, we protect theirs but to no end so will end here.

Lockingblock
Well nothing new we have a smaller group that the Law has different or no meaning at all.
They all work In Washington DC. Like they say different strokes for different folks.

quote:

Originally posted by lockingblock:
While it is interesting, the legal side of me has to wonder how it passes constitutional muster for there to be two sets of laws...one for Americans and one for Americans who also happen to be somewhat indian/native.

The equal protection section of the 14th amendment.

Functionally, charging one American for a crime that would not be a crime if the American were of a different race...that is blatantly illegal under the most simple reading of the constitution.

Seems like someone would take that to court...

The entire premise of the American legal system is equality under the law. There are no "special" Americans in a courtroom.

Maybe some of you should spend some time in the villages of Alaska in winter, so you can se how the right to certain way of life was earned.

Back on the main subject, when I was in Namibia with my family in 2008 we did a 1/2 day surf fishing near Swakopmund. The kids found bones from a seal as well as the vertebrate from a whale.

I got great pics of the kids with the stuff and wished I could have brought the vertebrate home, but we left it on the beach. Imagine my dismay when I later found out I could have!!!

quote:

Originally posted by tsturm:

quote:

Originally posted by lockingblock:
While it is interesting, the legal side of me has to wonder how it passes constitutional muster for there to be two sets of laws...one for Americans and one for Americans who also happen to be somewhat indian/native.

The equal protection section of the 14th amendment.

Functionally, charging one American for a crime that would not be a crime if the American were of a different race...that is blatantly illegal under the most simple reading of the constitution.

Seems like someone would take that to court...

The entire premise of the American legal system is equality under the law. There are no "special" Americans in a courtroom.

Maybe some of you should spend some time in the villages of Alaska in winter, so you can se how the right to certain way of life was earned.

And then we all could spend a few years of springs of Lightening, Tornadoes and Prairie fires and then a summers of dust storms and grasshoppers, than winters of blinding blizzards, all in a 10' x 10' Dugout on the Great Plains then desperately moving one's family beyond the Rocky Mountains and homesteading all over again with an axe and a Grubbing hoe to make a living, and know what about earning a certain way of life as Native Born Americans? My objection is not the granting of rights sir, it is of the taking away.

quote:

Originally posted by Fury01:

quote:

Originally posted by tsturm:

quote:

Originally posted by lockingblock:
While it is interesting, the legal side of me has to wonder how it passes constitutional muster for there to be two sets of laws...one for Americans and one for Americans who also happen to be somewhat indian/native.

The equal protection section of the 14th amendment.

Functionally, charging one American for a crime that would not be a crime if the American were of a different race...that is blatantly illegal under the most simple reading of the constitution.

Seems like someone would take that to court...

The entire premise of the American legal system is equality under the law. There are no "special" Americans in a courtroom.

Maybe some of you should spend some time in the villages of Alaska in winter, so you can se how the right to certain way of life was earned.

And then we all could spend a few years of springs of Lightening, Tornadoes and Prairie fires and then a summers of dust storms and grasshoppers, than winters of blinding blizzards, all in a 10' x 10' Dugout on the Great Plains then desperately moving one's family beyond the Rocky Mountains and homesteading all over again with an axe and a Grubbing hoe to make a living, and know what about earning a certain way of life as Native Born Americans? My objection is not the granting of rights sir, it is of the taking away.

Sounds like you have been to a couple villages

quote:

Originally posted by tsturm:

quote:

Originally posted by lockingblock:
While it is interesting, the legal side of me has to wonder how it passes constitutional muster for there to be two sets of laws...one for Americans and one for Americans who also happen to be somewhat indian/native.

The equal protection section of the 14th amendment.

Functionally, charging one American for a crime that would not be a crime if the American were of a different race...that is blatantly illegal under the most simple reading of the constitution.

Seems like someone would take that to court...

The entire premise of the American legal system is equality under the law. There are no "special" Americans in a courtroom.

Maybe some of you should spend some time in the villages of Alaska in winter, so you can se how the right to certain way of life was earned.

Rights can not be earned. They either exist or they do not exist. If it can be earned, it is not a right.

The bottom line is this- You are either equal or you are special. There are no special rights. If a right is only for some people, it is not a right.

The concept of a right that applies only to some people, is antithetical to the concept of a right. It is a privilege.

quote:

Rights can not be earned. They either exist or they do not exist. If it can be earned, it is not a right.

The bottom line is this- You are either equal or you are special. There are no special rights. If a right is only for some people, it is not a right.

The concept of a right that applies only to some people, is antithetical to the concept of a right. It is a privilege.

Well said sir.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

Fury
Gee I think the politicians in DC actually should read this.
Probably need it on “Twitter” the only thing they read.
It’s surprising in my 7 decades how far off track our government has come.
Only God Can help
Everyone I mean everyone Have A Merry Christmas

Well JoeBlack2345; you said it well. "Only God can help." That is because Creator God endowed these certain unalienable rights. When we deny/drop the Creator God, we eventually deny/drop the rights. We are living in that day. The way back is to point the compass at the beginning point is it not?