ARTIST Act
Officially: “ARTIST Act” Read the full text
What it does
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1Short title
This section would give the Act a short title: Alaska's Right To Ivory Sales and Tradition Act, or the ARTIST Act.
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1. Short title This Act may be cited as the Alaska’s Right To Ivory Sales and Tradition Act or the ARTIST Act .
2Alaska Native handicrafts
This section would replace the existing Alaska Native exemption in the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(b)) with a new version, described below. It would define an authentic Alaska Native article of handicrafts and clothing as an item made wholly, or in some significant part, of natural materials, that is produced, decorated, or fashioned using traditional Alaska Native handicraft techniques (weaving, carving, stitching, sewing, lacing, beading, drawing, or painting) by an Indian, Aleut, or Eskimo who lives in Alaska on the coast of the North Pacific Ocean or the Arctic Ocean, and that is made without a pantograph, multiple carvers, or any other mass-copying device. It would define marine mammal ivory to include a tooth or tusk from a walrus, narwhal, or whale. Except as provided in section 109 of the Act, the Act's protections for marine mammals would not apply to the taking of a marine mammal by an Indian, Aleut, or Eskimo who lives in Alaska on the coast of the North Pacific Ocean or the Arctic Ocean, if the taking is either for subsistence purposes or for creating and selling authentic Alaska Native articles of handicrafts and clothing, and in either case is not done in a wasteful manner. An item presented as an authentic Alaska Native article of handicrafts and clothing could be sold in interstate commerce only if it meets that definition. Any edible part of a marine mammal taken mainly to create and sell such articles could be sold in a Native village or town in Alaska, or for consumption by Alaska Natives. Even with this exemption, if the Secretary determines under the Act that a species or stock of marine mammal subject to this kind of taking is depleted, the Secretary could issue regulations on the taking of that species or stock by the Indians, Aleuts, or Eskimos covered by this section. Those regulations could address the species or stock involved, the geographic area, the season for taking, or other factors related to the reason for the regulation, consistent with the Act's purposes. The regulations would have to follow the notice-and-hearing process required under section 103 of the Act, and would have to be lifted once the Secretary determines the need for them has ended. When issuing a regulation or assessment under this subsection or under section 117(b)(2), or when determining that a stock is depleted or finding an unmitigable adverse impact under subsection (a)(5) that affects stocks or people covered by this section, the Secretary would have to show in writing, and post publicly on the Secretary's website, that the action is supported by substantial evidence, based on the whole record including Indigenous knowledge. This written-evidence requirement would apply only in an action brought in court by one or more Alaska Native organizations representing people covered by this section. No state could prohibit importing, selling, offering for sale, transferring, trading, bartering, or possessing (including possessing with intent to sell, transfer, trade, or barter) marine mammal ivory, bone, or baleen that an Indian, Aleut, or Eskimo has incorporated into an authentic Alaska Native article of handicrafts and clothing.
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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. .
Where it is
In the Senate.