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<br />ENDANGERED SPECIES ACT OF 1973, Endangered Sp... <br /> <br />002583 <br />Page 32 of 44 <br /> <br />not apply to any non-native resident of an Alaskan native village found by the <br />Secretary to be not primarily dependent upon the taking of fish and wildlife for <br />consumption or for the creation and sale of authentic native articles of handicrafts and <br />clothing. <br />(2) Any taking under this subsection may not be accomplished in a wasteful manner. <br />(3) As used in this subsection- <br />(i) The ternl "subsistence" includes selling any edible portion offish or wildlife in <br />native villages and towns in Alaska for native consumption within native villages or <br />towns; and <br />(ii) The term "authentic native articles of handicrafts and clothing" means items <br />composed wholly or in some significant respect to natural materials, and which are <br />produced, decorated or fashioned in the exercise of traditional native handicrafts <br />without the use of pantographs, multiple carvers, or other mass copying devices. <br />Traditional native handicrafts include, but are not limited to, weaving, carving, <br />stitching, sewing, lacing, beading, drawing, and painting. <br />(4) Notwithstanding the provisions of paragraph (1) of this subsection, whenever the <br />Secretary determines that any species offish or wildlife which is subject to taking <br />under the provisions of this subsection is an endangered species or threatened species, <br />and that such taking materially and negatively atTects the threatened or endangered <br />species, he may prescribe regulations upon the taking of such species by any such <br />Indian, Aleut, Eskimo, or non-native Alaskan resident of an Alaskan native village. <br />Such regulations may be established with reference to species, geographical <br />description of the area included, the season for taking, or any other factors related to <br />the reason for establishing such regulations and consistent with the policy of this Act. <br />Such regulations shall be prescribed after a notice and hearings in the affected <br />judicial districts of Alaska and as otherwise required by section 103 of the Marine <br />Mammal Protection Act of 1972, and shall be removed as soon as the Secretary <br />determines that the need for their impositions has disappeared. <br /> <br />(f)(1) As used in this subsection- <br />(A) The term "Pre-Act endangered species part" means- <br />(i) any sperm whale oil, including derivatives thereof, which was lawfully held within <br />the United States on December 28, 1973, in the course of a commercial activity; or <br />(ii) any finished scrimshaw product, if such product or the raw material for such <br />product was lawfully held within the United States on December 28, 1973, in the <br />course of a commercial activity. <br />(B) The term "scrimshaw product" means any art form which involves the substantial <br />etching or engraving of designs upon, or the substantial carving of figures, pattems, <br />or designs from, any bone or tooth of any marine mammal of the order Cetacea. For <br />purposes of this subsection, polishing or the adding of minor superficial markings <br />does not constitute substantial etching, engraving, or carving. <br />(2) The Secretary, pursuant to the provisions of this subsection, may exempt, ifsuch <br />exemption is not in violation of the Convention, any pre-Act endangered species part <br />from one or more of the following prohibitions: <br />(A) The prohibition on exportation from the United States set forth in section <br />9(a)(I)(A) of this Act. <br />(B) Any prohibition set forth in section 9(a)(1) (E) or (F) of this Act. <br /> <br />http://www.fws.gov/-r9endspp/esa.html <br /> <br />9/30/97 <br />