[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5253 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5253
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.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska's Right To Ivory Sales and
Tradition Act'' or the ``ARTIST Act''.
SEC. 2. 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:
``(b) Exemption for Alaskan Natives.--
``(1) Definitions.--In this subsection:
``(A) 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.
``(B) Marine mammal ivory.--The term `marine mammal
ivory' includes a tooth or tusk from a species of
walrus, narwhal, or whale.
``(C) Traditional alaska native handicrafts.--The
term `traditional Alaska Native handicrafts' includes
weaving, carving, stitching, sewing, lacing, beading,
drawing, and painting.
``(2) Exemption.--
``(A) 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--
``(i)(I) is for subsistence purposes; or
``(II) is done for purposes of creating and
selling authentic Alaska Native articles of
handicrafts and clothing; and
``(ii) in each case, is not accomplished in
a wasteful manner.
``(B) Special rules.--
``(i) 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).
``(ii) 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.
``(3) Limitations.--
``(A) 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.
``(B) 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.
``(C) 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.
``(D) 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.
``(4) 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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