29–010 

Calendar No. 105 

113TH CONGRESS REPORT " ! SENATE 1st Session 113–51 

HUNA TLINGIT TRADITIONAL GULL EGG USE 

JUNE 27, 2013.—Ordered to be printed 

Mr. WYDEN, from the Committee on Energy and Natual Resources, 

submitted the following 

R E P O R T 

[To accompany S. 156] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 156) to allow for the harvest of gull eggsy by 

the Huna Tlingit people within Glacier Bay National Park in the 

State of Alaska, having considered the same, reports favorably 

thereon with an amendment and recommends that the bill, as 

amended, do pass. 

The amendment is as follows: 

Beginning on page 1, strike line 6 and all that follows 2 through page 2, line 9, 

and insert the following: 

SEC. 2. LIMITED AUTHORIZATION FOR COLLECTION OF GULL EGGS. 

(a) IN GENERAL.—The Secretary of the Interior (referred to in this Act as the ‘‘Secretary’’) may allow the collection by members of the Hoonah Indian Association of 

the eggs of glaucous-winged gulls (Laurus glaucescens) within Glacier Bay National 

Park (referred to in this Act as the ‘‘Park’’) not more frequently than twice each calendar year at up to 5 locations within the Park, subject to any terms and conditions 

that the Secretary determines to be necessary. 

(b) APPLICABLE LAW.—For the purposes of sections 4 203 and 816 of the Alaska 

National Interest Lands Conservation Act (16 U.S.C. 410hh–2, 3126), the collection 

of eggs of glaucous-winged gulls within the Park in accordance with subsection (a) 

shall be considered to be a use specifically permitted by that Act. 

(c) HARVEST PLAN.—The Secretary shall establish schedules, locations, and any 

additional terms and conditions that the Secretary determines to be necessary for 

1 the harvesting of eggs of glaucous-winged gulls in the U Park, based on an annual 

harvest plan to be prepared by the Secretary and the Hoonah Indian Association. 

PURPOSE

The purpose of S. 156 is to allow for the limited harvest of gull 

eggs within Glacier Bay National Park by the members of Hoonah 

Indian Association. 


TKELLEY on DSK3SPTVN1PROD with REPORTS
2 

BACKGROUND AND NEED

Glacier Bay National Monument was designated as Glacier Bay 

National Park and Preserve in 1980 by the Alaska National Interest Lands Conservation Act (ANILCA). Glacier Bay National Park 

encompasses approximately 3.2 million acres. Glacier Bay National 

Preserve encompasses an additional 58,000 acres. 

Glacier Bay National Park and Preserve is the traditional homeland of the Huna Tlingit, who traditionally harvested eggs at gull 

rookeries in Glacier Bay prior to, and following, park establishment. Egg collection was curtailed in the 1960s as both the Migratory Bird Treaty Act and National Park Service regulations prohibited the activity. 

Although the passage of ANILCA allowed for sport hunting, commercial fishing, and subsistence activities to be permitted in the 

preserve, it was not until passage of the Migratory Bird Treaty Act 

Protocol Amendment in 1995 that customary and traditional use of 

migratory birds and their eggs for subsistence use by indigenous 

inhabitants of Alaska was allowable by law. Even with passage of 

the 1995 treaty amendment, National Park Service regulations still 

prohibited the gathering of gull eggs at Glacier Bay National Park 

and Preserve. 

In 2000, Public Law 106–455 provided for the Secretary of the 

Interior, in consultation with local residents, to undertake a study 

of sea gulls living within the park to assess whether sea gull eggs 

could be collected on a limited basis without impairing the biological sustainability of the sea gull population in the park. The study, 

Harvest of Glaucous-Winged Gull Eggs by Huna Tlingit in Glacier 

Bay National Park, was completed in May 2010. The preferred alternative in the study would authorize the harvest of gull eggs at 

up to five locations within the park on two separate dates each 

year. 

LEGISLATIVE HISTORY

S. 156 was introduced by Senators Murkowski and Begich on 

January 28, 2013. The Subcommittee on National Parks held a 

hearing on S. 156 on April 23, 2013. At its business meeting on 

May 16, 2013, the Committee ordered S. 156 favorably reported 

with an amendment. 

In the 112th Congress, Senators Murkowski and Begich introduced similar legislation, S. 1063, on May 25, 2011. The Subcommittee on National Parks held a hearing on S. 1063 on July 28, 

2011 (S. Hrg. 112–214). 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on May 16, 2013, by a voice vote of a quorum 

present, recommends that the Senate pass S. 156, if amended as 

described herein. 

COMMITTEE AMENDMENT

During its consideration of S. 156, the Committee adopted an 

amendment in the nature of a substitute. The amendment addressed a potential issue that would have allowed for the collection 

of eggs notwithstanding any other provision of law and instead auVerDate Mar 15 2010 16:49 Jun 29, 2013 Jkt 029010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\SR051.XXX SR051

TKELLEY on DSK3SPTVN1PROD with REPORTS
3 

thorizes subsistence collecting in accordance within sections 203 

and 816 of Alaska National Interest Lands Conservation Act 

(ANILCA), which govern subsistence the collection in the park. The 

amendment is described in detail in the section-by-section analysis 

below. 

SECTION-BY-SECTION ANALYSIS

Section 1 provides the short title, the ‘‘Huna Tlingit Traditional 

Gull Egg Use Act.’’ 

Section 2(a) authorizes the Secretary of the Interior (Secretary) 

to allow for the collection of gull eggs within Glacier Bay National 

Park by members of the Hoonah Indian Association not more frequently than twice each calendar year at up to five locations with 

the park, subject to any terms and conditions the Secretary determines to be necessary. 

Subsection (b) defines the collection of gull eggs within Glacier 

Bay National Park as a use that is specifically permitted under sections 203 and 816 of the Alaska National Interest Lands Conservation Act. 

Subsection (c) requires that the Secretary base schedules, locations, and any additional terms and conditions for the collection of 

gull eggs in Glacier Bay National Park on a harvest plan prepared 

by the Secretary and the Hoonah Indian Association. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 156—Huna Tlingit Traditional Gull Egg Use Act 

S. 156 would authorize the Hoonah Indian Association to harvest 

glaucous-winged gull eggs from Glacier Bay National Park in Alaska. Under the legislation, the Association would be permitted to 

harvest eggs not more than twice a year from up to five locations 

within the park. The bill would also direct the Department of the 

Interior to develop an annual harvest plan with the Association. 

Based on information provided by the National Park Service, 

CBO estimates that implementing S. 156 would have no significant 

impact on the federal budget. Enacting S. 156 would not affect direct spending or revenues; therefore, pay-as-you-go procedures do 

not apply. 

S. 156 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act and would impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Martin von Gnechten. 

The estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 156. 


TKELLEY on DSK3SPTVN1PROD with REPORTS
4 

The bill is not a regulatory measure in the sense of imposing 

Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 156, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 156, as reported, does not contain any congressionally directed 

spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the National Park Service at the April 

23, 2013, Subcommittee on National Parks hearing on S. 156 follows: 


TKELLEY on DSK3SPTVN1PROD with REPORTS
5 

STATEMENT OF PEGGY O’DELL, DEPUTY DIRECTOR FOR OP- ERATIONS, NATIONAL PARK SERVICE, DEPARTMENT OF

THE INTERIOR

Mr. Chairman, thank you for the opportunity to appear 

before you today to present the views of the Department 

of the Interior on S. 156, the Huna Tlingit Traditional Gull 

Egg Use Act. 

This legislation provides for the restoration of an important cultural connection to Glacier Bay by the Huna 

Tlingit, and provides for the environmentally preferred action identified in our studies. As such, the Department 

supports enactment of S. 156 with an amendment. 

Glacier Bay National Park is the traditional homeland of 

the Huna Tlingit who harvested eggs at gull rookeries in 

Glacier Bay prior to, and after the park was established in 

1925. Egg collection was curtailed in the 1960s as Migratory Bird Treaty Act and National Park Service (NPS) regulations prohibited the activity. 

The Glacier Bay National Park Resource Management 

Act of 2000 (P.L. 106–455) directed the NPS to study 

whether gull egg collection could resume without impairing the biological sustainability of the gull population in 

the park. The NPS conducted the study, wrote an environmental impact statement, and in August 2010 issued a 

record of decision which found that collection under certain 

conditions would be sustainable. Those conditions, addressing the frequency of harvest and an annual harvest plan, 

are reflected in S. 156. 

Section 2 (b) of the bill contains a condition for the Secretary of the Interior to develop an annual harvest plan 

jointly with the Hoonah Indian Association. To clarify that 

the Hoonah Indian Association’s role is purely advisory, we 

recommend the attached amendment. 

The Department appreciates the opportunity to testify 

on this matter. I will be glad to answer any questions. 

AMENDMENT TO S. 156

On p. 2, line 8, strike ‘‘jointly by the Secretary and the 

Hoonah Indian Association.’’ and insert ‘‘by the Secretary 

in consultation with the Hoonah Indian Association.’’. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee notes that no changes in existing law are made by S. 156, as ordered reported. 

Æ 


TKELLEY on DSK3SPTVN1PROD with REPORTS