The National Congress of American Indians
Resolution #PHX-16-049
TITLE: A Call for the National Oceanic and Atmospheric Administration to Actively Enforce Section 101(b) of the Marine Mammal Protection Act
WHEREAS, we, the members of the National Congress of American Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties and agreements with the United States, and all other rights and benefits to which we are entitled under the laws and Constitution of the United States, to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise promote the health, safety and welfare of the Indian people, do hereby establish and submit the following resolution; and
WHEREAS, the National Congress of American Indians (NCAI) was established in 1944 and is the oldest and largest national organization of American Indian and Alaska Native tribal governments; and
WHEREAS, Indigenous peoples’ have harvested marine mammals for time immemorial for both nutritional and utilitarian needs; and
WHEREAS, Alaska Native peoples have developed rich cultures and practices around marine mammals and these practices continue today; and
WHEREAS, many Rural Alaska Native communities are subsistence based and substantially depend upon marine mammals for economic purposes and nourishment; and
WHEREAS, Alaska Native peoples have always utilized ivory from marine mammals and ivory is now an economic driving force for many native households; and
WHEREAS, this dependent relationship between Indigenous peoples and marine mammals is protected by the Marine Mammal Protection Act; and
WHEREAS, the Marine Mammal Protection Act was enacted in 1972 prohibiting the take, import, and export of marine mammals by United States citizens; and
WHEREAS, Section 101(b) of the Marine Mammal Protection Act exempts coastal Indians, Aleuts, and Eskimos from the provisions for the purpose of traditional, non-wasteful practices which includes harvesting marine mammals; and
WHEREAS, Section 101(b) recognizes the importance of harvesting marine mammals by the exemption of Alaska Natives for the purposes of creating or selling “authentic native artifacts of arts, crafts, and clothing;” and
WHEREAS, State governments such as, California, Hawaii, Massachusetts, New Jersey, New York and possible others have adopted state laws that are inconsistent with the Marine Mammal Protection Act and prohibit the sale of “authentic native artifacts of arts, crafts, and clothing.”
NOW THEREFORE BE IT RESOLVED, that the National Congress of American Indians calls upon the National Oceanic and Atmospheric Administration to actively enforce the Alaska Native exemption in Section 101(b) of the Marine Mammal Protection Act so they can continue to practice traditional and customary lifeways and economies utilizing the ivory from marine mammals; and
BE IT FURTHER RESOLVED, that this resolution shall be the policy of NCAI until it is withdrawn or modified by subsequent resolution.
CERTIFICATION
The foregoing resolution was adopted by the General Assembly at the 2016 Annual Session of the National Congress of American Indians, held at the Phoenix Convention Center, October 9th- 14th 2016, with a quorum present.