The Alaska Federation of Natives (AFN) has unanimously passed a resolution calling for changes to federal law to allow Native use of feathers in art and handicrafts for sale.

The vote came during the AFN’s convention in Anchorage, following publicity about award-winning Tlingit artist Archie Cavanaugh who recently faced possible prison time and a hefty fine for attempting to sell a headdress and hat adorned with flicker and raven feathers.

Although Archie Cavanaugh’s situation was unfortunate, the publicity served to alert other Alaska Natives about the legal perils of using feathers in art for sale, said Sealaska Heritage Institute President Rosita Worl. U.S. Sen. Lisa Murkowski and U.S. Rep. Don Young also criticized the federal sanctions during the convention and discussed the need to change the law.

“I was grateful for the expressions of support by the public and our Congressional delegation during AFN,” Worl said. “Hopefully, the public attention and the adoption of the AFN resolution supporting the use of feathers will help us move toward a speedy resolution of this issue.”

Cavanaugh’s ordeal began when an agent with the U.S. Fish and Wildlife Service recently contacted him, saying the artist could face 10 years in prison and a $100,000 fine because he was attempting to sell a shakee.át (headdress) adorned with flicker feathers and a hat that had raven feathers on it. He says a farmer in the Lower 48 gave the flicker feathers to him and an animal control officer gave the raven feathers to him.

Cavanaugh says he did not know he was prohibited by two federal laws from using flicker feathers and raven feathers on pieces for sale.

“It was devastating, it was depressive. It was hurtful, painful, for a carver—a Tlingit—to go through what I did, not knowing it was a law,” Cavanaugh said.

Worl agreed that the law is not well known.

“So many of our people use these materials and they’re not aware that selling them is prohibited. The use of flicker feathers is an ancient practice,” said Worl. “And as far as we’re aware, flicker feathers come from birds that are not endangered.”

Cavanaugh faced charges under the Migratory Bird Treaty Act for attempted sale of the flicker feathers and under the Lacey Act for attempted sale of the raven feathers. He hired a lawyer and settled the case in October, agreeing to pay a $2,000 fine with no prison time. He also was forced to strip the feathers from his pieces and hand them over to the agency.

The AFN resolution supports a federal amendment to exempt Native handicrafts from the prohibition on the sale or purchase of nonedible parts of migratory birds that were taken for subsistence purposes. It would be almost identical to an exemption in the handicraft language in the Marine Mammals Protection Act.

Sealaska Heritage Institute was founded in 1980 to promote cultural diversity and cross-cultural understanding. The institute is governed by a Board of Trustees and guided by a Council of Traditional Scholars. Its mission is to perpetuate and enhance Tlingit, Haida, and Tsimshian cultures of Southeast Alaska.

Source: Sealaska Heritage Institute