You may not sell, offer for sale, purchase, or offer to purchase migratory birds, their parts, or their eggs taken under this part, except as provided in this section.

(a) Giving and receiving migratory birds. Under this part, you may take migratory birds for human consumption only. Harvest and possession of migratory birds must be conducted using nonwasteful taking. Edible meat of migratory birds may be given to immediate family members by eligible persons. Inedible byproducts of migratory birds taken for food may be used for other purposes, except that taxidermy is prohibited, and these byproducts may only be given to other eligible persons or Alaska Natives.

(b) Authentic native articles of handicraft or clothing.

(1) Under this section, authentic native articles of handicraft or clothing may be produced for sale only from the following bird species:

(i) Tundra swan (Cygnus columbianus).

(ii) Blue-winged teal (Anas discors).

(iii) Redhead (Aythya americana).

(iv) Ring-necked duck (Aythya collaris).

(v) Greater scaup (Aythya marila).

(vi) Lesser scaup (Aythya affinis).

(vii) King eider (Somateria spectabilis).

(viii) Common eider (Somateria mollissima).

(ix) Surf scoter (Melanitta perspicillata).

(x) White-winged scoter (Melanitta fusca).

(xi) Barrow's goldeneye (Bucephala islandica).

(xii) Hooded merganser (Lophodytes cucullatus).

(xiii) Pacific loon (Gavia pacifica).

(xiv) Common loon (Gavia immer).

(xv) Double-crested cormorant (Phalacrocorax auritus).

(xvi) Black oystercatcher (Haematopus bachmani).

(xvii) Lesser yellowlegs (Tringa flavipes).

(xviii) Semipalmated sandpiper (Calidris semipalmatus).

(xix) Western sandpiper (Calidris mauri).

(xx) Wilson's snipe (Gallinago delicata).

(xxi) Bonaparte's gull (Larus philadelphia).

(xxii) Mew gull (Larus canus).

(xxiii) Red-legged kittiwake (Rissa brevirostris).

(xxiv) Arctic tern (Sterna paradisaea).

(xxv) Black guillemot (Cepphus grylle).

(xxvi) Cassin's auklet (Ptychoramphus aleuticus).

(xxvii) Great horned owl (Bubo virginianus).

(2) Only Alaska Natives may sell or re-sell any authentic native article of handicraft or clothing that contains an inedible byproduct of a bird listed in paragraph (b)(1) of this section that was taken for food during the Alaska migratory bird subsistence harvest season. Eligibility under this paragraph (b)(2) can be shown by a Tribal Enrollment Card, Bureau of Indian Affairs card, or membership in the Silver Hand program. All sales and transportation of sold items are restricted to within the United States. Each sold item must be accompanied by either a certification (FWS Form 3-2484) signed by the artist or a Silver Hand insignia. Purchasers must retain this documentation and produce it upon the request of a law enforcement officer.

(3) Sales by consignment are allowed. Each consigned item must be accompanied by either a certification (FWS Form 3-2484) signed by the artist or Silver Hand insignia. All consignees, sellers, and purchasers must retain this documentation with each item and produce it upon the request of a law enforcement officer. All consignment sales are restricted to within the United States.

(4) The Office of Management and Budget reviewed and approved the information collection requirements contained in this section and assigned OMB Control No. 1018-0168. We use the information to monitor and enforce the regulations. We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid OMB control number. You may send comments on the information collection requirements to the Information Collection Clearance Officer, U.S. Fish and Wildlife Service, at the address listed at 50 CFR 2.1(b).

[82 FR 34270, July 24, 2017]