Marine Mammal Parts and Products in Alaska
Frequently asked questions about what is legal to buy, eat, retain, harvest and travel with.
Marine Mammal Harvest Eligibility
NOAA Fisheries and the U.S. Fish and Wildlife Service have received inquiries about Alaska Native marine mammal harvest eligibility. While the definition in NOAA’s regulation (50 C.F.R. 216.3) remains the same and is available here, we continue to review that definition. Click here for more information.
I am an Alaskan Native...
Is a tribal identification card proof of harvest eligibility?
No. A tribal membership alone does not meet the legal criteria for this exemption within NOAA Fisheries regulations or the Marine Mammal Protection Act (MMPA).
What happens if someone hunts marine mammals who is not eligible?
NOAA OLE will investigate and determine whether the individual is eligible, per the MMPA and regulatory definition, and will take appropriate action.
What marine mammal species fall under NOAA Fisheries’ jurisdiction?
NOAA Fisheries has jurisdiction over certain marine mammals, including all cetaceans and all pinnipeds, except walruses. This includes, but is not limited to, harbor seals, Steller sea lions, ringed seals, bearded seals, ribbon seals, spotted seals, northern fur seals, beluga whales, and bowhead whales. Marine mammal species under U.S. Fish and Wildlife Service’s (USFWS) jurisdiction are northern sea otters, Pacific walrus, and polar bears.
Do I need to register or obtain a license to harvest marine mammals? What marine mammals can I harvest?
Provided you are Alaska Native as defined, no authorization from the Federal Government is needed to harvest most marine mammals for subsistence or for the purposes of creating and selling authentic Native articles of handicrafts and clothing, as long as neither is accomplished in a wasteful manner.
Tribal government authorities should be contacted before hunting in any area of the State of Alaska. Due to current low abundance of Cook Inlet beluga whales, the harvest level is set to zero for this population (50 CFR 216.23(f)(2)(v)). Large whales (such as bowheads, grays, and humpbacks) are regulated under an international Agreement and may not be hunted unless specific quotas have been set by the International Whaling Commission.
If I am Alaska Native, do I need to register or have a license to collect whale baleen?
Provided you are Alaska Native as defined, no authorization is required from the Federal Government to collect baleen from dead marine mammals for creating authentic Native articles of handicraft.
Can I travel with a parka or other clothing made from marine mammal parts outside the United States?
It depends. The MMPA provides that non-endangered marine mammal parts and handicrafts, excluding edible portions, may be both imported and exported by Native peoples of Alaska, Russia, Canada, and Greenland for cultural exchange purposes. For example, if you are an Alaska Native, you may wear a parka made of seal skins when traveling to these countries as part of a cultural exchange. For all other circumstances, before leaving the United States, please check with the U.S. Customs Service and the customs department of the foreign country you will be entering for information pertaining to this import.
I am not an Alaskan Native...
Can I buy marine mammal foods, like muktuk, to eat?
Maybe. It is illegal for anyone, including Alaska Natives, to buy or sell bowhead whale (50 CFR 230.4(f)) or Cook Inlet beluga whale (50 CFR 216.23(f)(2)(i)) meat or muktuk.
Edible portions of other Endangered Species Act (ESA)-listed endangered or threatened marine mammals may be sold, but only by Alaska Natives in Native towns or villages and only for Native consumption. Edible portions of other marine mammals that are not ESA-listed as endangered or threatened may be sold to:
- A) Alaska Natives for consumption, or
- B) to non-Alaska Natives for consumption, but only if sold in Native towns or villages in Alaska (Native villages include Anchorage, Fairbanks, and Juneau).
Once purchased, these edible portions do not have to be consumed in a Native town or village.
Can I eat muktuk when I attend a Native potlatch celebration?
Yes. Provided the marine mammal was legally harvested, edible portions from any marine mammal may be consumed by both Alaska Natives and non-Natives if offered freely.
Can I legally buy baleen from a street vendor? Are there any restrictions on what I can do with the baleen?
Yes, baleen (commonly from an endangered bowhead whale) may be legally sold by Alaska Natives as authentic Native articles of handicrafts under both the MMPA and ESA. The baleen must be, at a minimum, cleaned and polished to qualify as an authentic Native handicraft. Once purchased, baleen may be transported out of Alaska.
Can I attend a marine mammal hunt?
It is illegal to hunt marine mammals unless you are an Alaska Native. Marriage to an Alaska Native does not convey the legal right to harvest marine mammals.
However, non-Natives are allowed to attend a hunt as long as they do not directly participate or assist in the hunt in any way (e.g., drive the vessel, use a firearm, use another method to kill or attempt to kill a marine mammal). A non-Native is allowed to be a non-participating observer.
Beach-found Marine Mammal Parts
I found marine mammal bones, can I legally retain these for personal possession?
Maybe. Federal regulations at 50 CFR 216.26 state that any bones, teeth, or ivory of any dead marine mammal may be collected from a beach or from land within ¼ of a mile of the ocean, including bays and estuaries. These marine mammal parts must be registered and identified by the NOAA Fisheries OLE, and may then be transferred or otherwise possessed. Call Robert Marvelle, NOAA Fisheries OLE, (907) 586-9329 for information on registering such marine mammal parts.
Parts from marine mammals that are listed as endangered under the ESA may NOT be collected, with certain exceptions (such as collection by Alaska Natives to produce authentic Native articles of handicrafts). Humpback whales, gray whales, and Steller sea lions in Alaska include animals from ESA-listed and non-ESA-listed populations, and these bones can be registered with NOAA Fisheries OLE. The threatened Beringia DPS bearded seal and Arctic ringed seal do not have regulations that prohibit “take,” thus bearded and ringed seal bones and/or teeth may be collected from beaches in Alaska. A NOAA Fisheries guidance document explains how NOAA Fisheries will treat the collection of bones, teeth, and/or ivory from the ESA-listed species in Alaska. You should contact NOAA Fisheries prior to collecting any marine mammal parts to determine if the parts are from an endangered or threatened species. To legally register bones or teeth from non-listed marine mammals in Alaska, please call:
Robert Marvelle, NOAA Fisheries Office of Law Enforcement
PH: (907) 586-9329
If I am not an Alaska Native, may I collect whale baleen?
It is illegal for non-Natives to collect whale baleen from harvested or stranded whales. NOAA does not grant authorization letters to non-Natives for personal possession of baleen.
Can marine mammal baleen, bones or skeletons be collected by public institutions, like museums and schools, for education, display, or outreach purposes?
Yes. NOAA Fisheries can authorize public institutions, including museums and schools, to possess all marine mammal parts for education, display or outreach purposes. Contact NOAA Fisheries at 907-271-3448 to obtain an authorization letter.
How do I know if ivory artwork is genuine?
Artwork purchased from gift stores and major outlets usually has a label identifying it as an authentic Native article of handicraft. Buyers should be cautious about purchasing handicrafts made from marine mammal parts that do not have this label.
I have marine mammal parts which pre-date the Marine Mammal Protection Act of 1972. Are there any restrictions on what I can do with these?
If you can establish the marine mammal parts were obtained before 1972, neither the MMPA nor ESA apply, and there are no legal restrictions or prohibitions on what you may do with these. However, the burden of proof lies with you to establish that the marine mammal parts were obtained before 1972 if you wish to sell the marine mammal parts. This prior status may be established by submitting an affidavit to NOAA Fisheries (50 CFR 216.14). Fossilized ivory is assumed to predate both the MMPA and ESA and no prohibitions apply.
What are the rules about traveling with walrus ivory?
Walrus is managed by the USFWS, not NMFS. For information about possessing and transporting walrus ivory, visit the USFWS’s Alaska Native Handicrafts/Marine Mammals webpage or contact them directly at the listed phone numbers below.
For import/export issues:
U.S. Fish and Wildlife Service
Office of Law Enforcement
PH: (703) 358-1949
For questions concerning the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES):
U.S. Fish & Wildlife Service
Division of Management Authority
PH: (703) 358-2104
More Information
- Be Aware - Some Souvenirs Are Illegal to Import
- Alaska Protected Resources Division
- National Laws and Policies
