II 

116TH CONGRESS 

1ST SESSION S. 804 

To amend the Marine Mammal Protection Act of 1972 to protect the cultural 

practices and livelihoods of producers of Alaska Native handicrafts and 

fossilized ivory products, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 14, 2019 

Mr. SULLIVAN (for himself and Ms. MURKOWSKI) 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 fossilized ivory products, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Empowering Rural 

5 Economies Through Alaska Native Sustainable Arts and 

6 Handicrafts Act’’. 


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•S 804 IS

1 SEC. 2. ALASKA NATIVE HANDICRAFTS. 

2 Section 101(b) of the Marine Mammal Protection Act 

3 Of 1972 (16 U.S.C. 1371(b)) is amended to read as fol4 lows: 

5 ‘‘(b) APPLICATION TO CERTAIN ALASKA NATIVES.— 

6 ‘‘(1) DEFINITIONS.—In this subsection: 

7 ‘‘(A) AUTHENTIC NATIVE ARTICLE OF

8 HANDICRAFTS AND CLOTHING.—The term ‘au9 thentic native article of handicrafts and cloth10 ing’ means an item composed wholly, or in some 

11 significant respect, of natural materials that is 

12 produced, decorated, or fashioned in the exer13 cise of traditional native handicrafts without 

14 the use of a pantograph, multiple carvers, or 

15 any other mass copying device. 

16 ‘‘(B) TRADITIONAL NATIVE HANDI17 CRAFTS.—The term ‘traditional native handi18 crafts’ includes weaving, carving, stitching, sew19 ing, lacing, beading, drawing, and painting. 

20 ‘‘(C) FOSSILIZED IVORY.—The term ‘fos21 silized ivory’ includes a fossilized tooth or tusk 

22 from a species of walrus, mammoth, mastodon, 

23 narwhal, or whale. 

24 ‘‘(2) APPLICATION.—Except as provided in sec25 tion 109, the provisions of this Act shall not apply 

26 with respect to the taking of any marine mammal by 


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1 any Indian, Aleut, or Eskimo who resides in Alaska 

2 and who dwells on the coast of the North Pacific 

3 Ocean or the Arctic Ocean if such taking— 

4 ‘‘(A)(i) is for subsistence purposes; or 

5 ‘‘(ii) is done for purposes of creating and 

6 selling authentic native articles of handicrafts 

7 and clothing; and 

8 ‘‘(B) in each case, is not accomplished in 

9 a wasteful manner. 

10 ‘‘(3) LIMITATIONS.—Notwithstanding para11 graph (2), if, under this Act, the Secretary deter12 mines any species or stock of marine mammal sub13 ject to taking by Indians, Aleuts, or Eskimos to be 

14 depleted, the Secretary may prescribe regulations 

15 upon the taking of such marine mammals by any In16 dian, Aleut, or Eskimo described in this subsection. 

17 Such regulations may be established with reference 

18 to species or stocks, geographical description of the 

19 area included, the season for taking, or any other 

20 factors related to the reason for establishing such 

21 regulations and consistent with the purposes of this 

22 Act. Such regulations shall be prescribed after notice 

23 and hearing required by section 103 of this title and 

24 shall be removed as soon as the Secretary deter25 mines that the need for their imposition has disVerDate Sep 11 2014 04:23 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S804.IS S804

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1 appeared. In promulgating any regulation or making 

2 any assessment pursuant to a hearing or proceeding 

3 under this subsection or section 117(b)(2), or in 

4 making any determination of depletion under this 

5 subsection or finding regarding unmitigable adverse 

6 impacts under subsection (a)(5) that affects stocks 

7 or persons to which this subsection applies, the Sec8 retary shall be responsible for demonstrating that 

9 such regulation, assessment, determination, or find10 ing is supported by substantial evidence on the basis 

11 of the record as a whole. The preceding sentence 

12 shall only be applicable in an action brought by one 

13 or more Alaska Native organizations representing 

14 persons to which this subsection applies. 

15 ‘‘(4) SPECIAL RULES.— 

16 ‘‘(A) INTERSTATE COMMERCE.—Only au17 thentic native articles of handicrafts and cloth18 ing may be sold in interstate commerce. 

19 ‘‘(B) EDIBLE PORTIONS OF MARINE MAM20 MALS.—Any edible portion of a marine mammal 

21 may be sold in a native village or town in Alas22 ka or for native consumption. 

23 ‘‘(5) PROHIBITIONS.— 

24 ‘‘(A) MAMMOTH, MASTODON, AND WALRUS

25 IVORY, MARINE MAMMAL BONES, TEETH, AND


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1 BALEEN.—No State shall prohibit the importa2 tion, sale, offer for sale, transfer, trade, barter, 

3 possession, or possession with the intent to sell, 

4 transfer, trade, or barter of mammoth, mas5 todon, or walrus ivory, marine mammal bones, 

6 teeth, or baleen produced under this title by an 

7 Indian, Aleut, or Eskimo, as an authentic na8 tive article of handicrafts and clothing. 

9 ‘‘(B) FOSSILIZED IVORY.—No State shall 

10 prohibit the importation, sale, offer for sale, 

11 transfer, trade, possession, or possession with 

12 the intent to sell, transfer, trade, or barter, of 

13 fossilized ivory.’’. 

Æ 


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