New IPinCH Special Initiative — Reducing Barriers for Alaska Native Sustainable Arts: A Legal Analysis of the Marine Mammal Protection Act

Jeremiah James in Sitka, AK, teaching a Skin Sewing Workshop - part of SHI's Sus
Published: 
Sep 11, 2013

The Sealaska Heritage Institute (SHI), formed in 1980, is a Juneau-based, non-profit organization dedicated to perpetuating and enhancing the Tlingit, Haida and Tsimshian cultures of Southeast Alaska through cultural and educational programs. 

The Sustainable Arts Program of the SHI offers training in the use of natural resources harvested by members of these nations for traditional and commercial art. The sewing of sea otter skins is one of the traditional practices that is now being revived through workshops at the SHI.

The 1972 U.S. Marine Mammal Protection Act, implemented to counter the depletion of marine mammal life, has created challenges for SHI’s Sustainable Arts Program in relation to the production of handicrafts out of sea otters. While an exemption was made for “any Indian, Aleut or Eskimo who resides in Alaska” as long as marine mammals were taken for subsistence or for the purposes of creating and selling “authentic” native articles of handicrafts and clo­­thing, the exemption has not provided adequate protection of resource use by Alaska Native people.

In particular, regulatory language developed in response to this act has created significant barriers for Alaska Native people, restricting the number of eligible hunters, artists and craftspeople, and impeding the creativity of those working in the arts.  

A small grant provided by IPinCH will enable legislative analysis to be conducted by SHI cultural anthropologist, Dr. Chuck Smythe. This project will address ethical issues around policy and regulatory regimes related to the contemporary production of handicrafts and clothing from sea otters. 

Through the first phase of the project, which focuses on Smythe’s work, the SHI seeks to understand the legislative, regulatory and legal (court cases) history of, and enforcement practices related to, certain elements of the MMPA that affect Alaska Native peoples. The legislative intent of the Alaska Native exemption and how it has been interpreted through agency regulations and procedures will be examined. In particular, attention will be paid to the terms “Large-Scale Mass-Production” and “Significantly Altered from their Natural Form,” which appear in regulatory guidance issued by the US Fish and Wildlife Service, but not in the law itself. New regulatory language will be recommended that protects the interests of coastal Native hunters and craftspeople.

A proposed second phase will extend the legal and legislative analysis of the MMPA by examining the restrictions placed on what is considered to be “traditional” and “contemporary” practices, “coastal dwelling,” and the definition of Alaska Native. Historical and ethnographic research into the cultural uses of sea otter products in the past is another component of the project.

It is hoped that by resolving the barriers caused by the MMPA, the Sustainable Arts Program of the SHI will be better positioned to work with Alaska Native communities to build sustainable lifestyles and communities. It is anticipated that this research will serve as a model for other Indigenous communities facing similar issues related to the management of resources by federal agencies.

This project is led by Dr. Charles Smythe, Director of the History and Culture Department at the Sealaska Heritage Institute. Dr. Smythe has extensive experience in conducting research and preparing study reports on Alaska Natives and the cultures of Southeast Alaska, and has served as an expert to Tlingit tribes in repatriation issues. Additional support on the project will be provided by Rico Worl, Director of the SHI Art Department, and Lee Kadinger, SHI Chief Operating Officer.

The Sealaska Heritage Institute has been an IPinCH Partner Organization since IPinCH was first conceived in 2004. 

Photo: Jeremiah James in Sitka, AK, teaching a Skin Sewing Workshop - part of SHI's Sustainable Arts Program (photo by James Poulson, courtesy of Sealaska Heritage Institute).