II
118th CONGRESS
2d Session
S. 5253
IN THE SENATE OF THE UNITED STATES
September 25, 2024
Mr. Sullivan introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
A BILL
To amend the Marine Mammal Protection Act of 1972 to protect the cultural practices and livelihoods of producers of Alaska Native handicrafts and marine mammal ivory products, and for other purposes.
Short title
This Act may be cited as the Alaska’s Right To Ivory Sales and Tradition Act
or the ARTIST Act
.
Alaska Native handicrafts
Section 101(b) of the Marine Mammal Protection Act Of 1972 (16 U.S.C. 1371(b)) is amended to read as follows:
Exemption for Alaskan Natives
Definitions
In this subsection:
Authentic Alaska Native article of handicrafts and clothing
The term authentic Alaska Native article of handicrafts and clothing means an item composed wholly, or in some significant respect, of natural materials that is produced, decorated, or fashioned in the exercise of traditional Alaska Native handicrafts by an Indian, Aleut, or Eskimo who resides in Alaska and who dwells on the coast of the North Pacific Ocean or the Arctic Ocean without the use of a pantograph, multiple carvers, or any other mass copying device.
Marine mammal ivory
The term marine mammal ivory includes a tooth or tusk from a species of walrus, narwhal, or whale.
Traditional Alaska Native handicrafts
The term traditional Alaska Native handicrafts includes weaving, carving, stitching, sewing, lacing, beading, drawing, and painting.
Exemption
In general
Except as provided in section 109, the provisions of this Act shall not apply with respect to the taking of any marine mammal by any Indian, Aleut, or Eskimo who resides in Alaska and who dwells on the coast of the North Pacific Ocean or the Arctic Ocean if such taking—
is for subsistence purposes; or
is done for purposes of creating and selling authentic Alaska Native articles of handicrafts and clothing; and
in each case, is not accomplished in a wasteful manner.
Special rules
Interstate commerce of items
An item presented as an authentic Alaska Native article of handicrafts and clothing may be sold in interstate commerce only if it comports with the definition provided in paragraph (1)(A).
Edible portion of marine mammal
Any edible portion of a marine mammal taken for the primary purpose of creating and selling authentic Alaska Native articles of handicrafts and clothing may be sold in a native village or town in Alaska or for native consumption.
Limitations
In general
Notwithstanding paragraph (2), if, under this Act, the Secretary determines any species or stock of marine mammal subject to taking by Indians, Aleuts, or Eskimos to be depleted, the Secretary may prescribe regulations upon the taking of such marine mammals by any Indian, Aleut, or Eskimo described in this subsection.
Content of regulations
The regulations described in subparagraph (A) may be established with reference to species or stocks, geographical description of the area included, the season for taking, or any other factors related to the reason for establishing such regulations and consistent with the purposes of this Act.
Notice and hearing; removal of regulations
The regulations described in subparagraph (A) shall be prescribed after notice and hearing required by section 103 of this title and shall be removed as soon as the Secretary determines that the need for their imposition has disappeared.
Regulations to be supported by substantial evidence
In promulgating any regulation or making any assessment pursuant to a hearing or proceeding under this subsection or section 117(b)(2), or in making any determination of depletion under this subsection or finding regarding unmitigable adverse impacts under subsection (a)(5) that affects stocks or persons to which this subsection applies, the Secretary shall demonstrate in writing (and make such writing publicly available on the website of the Secretary) that, in consideration of the whole record, including Indigenous knowledge, such regulation, assessment, determination, or finding is supported by substantial evidence. The preceding sentence shall only be applicable in an action brought by one or more Alaska Native organizations representing persons to which this subsection applies.
Prohibitions
No State shall prohibit the importation, sale, offer for sale, transfer, trade, barter, possession, or possession with the intent to sell, transfer, trade, or barter of marine mammal ivory or marine mammal bone or baleen incorporated under this title by an Indian, Aleut, or Eskimo, into an authentic Alaska Native article of handicrafts and clothing.
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