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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5253 Introduced in Senate (IS)]

<DOC>

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.''.
                                 <all>
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