II 

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. 

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 ‘‘Alaska’s Right To 

5 Ivory Sales and Tradition Act’’ or the ‘‘ARTIST Act’’. 


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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) EXEMPTION FOR ALASKAN NATIVES.— 

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

7 ‘‘(A) AUTHENTIC ALASKA NATIVE ARTICLE

8 OF HANDICRAFTS AND CLOTHING.—The term 

9 ‘authentic Alaska Native article of handicrafts 

10 and clothing’ means an item composed wholly, 

11 or in some significant respect, of natural mate12 rials that is produced, decorated, or fashioned 

13 in the exercise of traditional Alaska Native 

14 handicrafts by an Indian, Aleut, or Eskimo who 

15 resides in Alaska and who dwells on the coast 

16 of the North Pacific Ocean or the Arctic Ocean 

17 without the use of a pantograph, multiple 

18 carvers, or any other mass copying device. 

19 ‘‘(B) MARINE MAMMAL IVORY.—The term 

20 ‘marine mammal ivory’ includes a tooth or tusk 

21 from a species of walrus, narwhal, or whale. 

22 ‘‘(C) TRADITIONAL ALASKA NATIVE

23 HANDICRAFTS.—The term ‘traditional Alaska 

24 Native handicrafts’ includes weaving, carving, 

25 stitching, sewing, lacing, beading, drawing, and 

26 painting. 


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1 ‘‘(2) EXEMPTION.— 

2 ‘‘(A) IN GENERAL.—Except as provided in 

3 section 109, the provisions of this Act shall not 

4 apply with respect to the taking of any marine 

5 mammal by any Indian, Aleut, or Eskimo who 

6 resides in Alaska and who dwells on the coast 

7 of the North Pacific Ocean or the Arctic Ocean 

8 if such taking— 

9 ‘‘(i)(I) is for subsistence purposes; or 

10 ‘‘(II) is done for purposes of creating 

11 and selling authentic Alaska Native articles 

12 of handicrafts and clothing; and 

13 ‘‘(ii) in each case, is not accomplished 

14 in a wasteful manner. 

15 ‘‘(B) SPECIAL RULES.— 

16 ‘‘(i) INTERSTATE COMMERCE OF

17 ITEMS.—An item presented as an authen18 tic Alaska Native article of handicrafts and 

19 clothing may be sold in interstate com20 merce only if it comports with the defini21 tion provided in paragraph (1)(A). 

22 ‘‘(ii) EDIBLE PORTION OF MARINE

23 MAMMAL.—Any edible portion of a marine 

24 mammal taken for the primary purpose of 

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1 tive articles of handicrafts and clothing 

2 may be sold in a native village or town in 

3 Alaska or for native consumption. 

4 ‘‘(3) LIMITATIONS.— 

5 ‘‘(A) IN GENERAL.—Notwithstanding para6 graph (2), if, under this Act, the Secretary de7 termines any species or stock of marine mam8 mal subject to taking by Indians, Aleuts, or Es9 kimos to be depleted, the Secretary may pre10 scribe regulations upon the taking of such ma11 rine mammals by any Indian, Aleut, or Eskimo 

12 described in this subsection. 

13 ‘‘(B) CONTENT OF REGULATIONS.—The 

14 regulations described in subparagraph (A) may 

15 be established with reference to species or 

16 stocks, geographical description of the area in17 cluded, the season for taking, or any other fac18 tors related to the reason for establishing such 

19 regulations and consistent with the purposes of 

20 this Act. 

21 ‘‘(C) NOTICE AND HEARING; REMOVAL OF

22 REGULATIONS.—The regulations described in 

23 subparagraph (A) shall be prescribed after no24 tice and hearing required by section 103 of this 

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1 retary determines that the need for their impo2 sition has disappeared. 

3 ‘‘(D) REGULATIONS TO BE SUPPORTED BY

4 SUBSTANTIAL EVIDENCE.—In promulgating any 

5 regulation or making any assessment pursuant 

6 to a hearing or proceeding under this sub7 section or section 117(b)(2), or in making any 

8 determination of depletion under this subsection 

9 or finding regarding unmitigable adverse im10 pacts under subsection (a)(5) that affects 

11 stocks or persons to which this subsection ap12 plies, the Secretary shall demonstrate in writing 

13 (and make such writing publicly available on 

14 the website of the Secretary) that, in consider15 ation of the whole record, including Indigenous 

16 knowledge, such regulation, assessment, deter17 mination, or finding is supported by substantial 

18 evidence. The preceding sentence shall only be 

19 applicable in an action brought by one or more 

20 Alaska Native organizations representing per21 sons to which this subsection applies. 

22 ‘‘(4) PROHIBITIONS.—No State shall prohibit 

23 the importation, sale, offer for sale, transfer, trade, 

24 barter, possession, or possession with the intent to 

25 sell, transfer, trade, or barter of marine mammal 


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1 ivory or marine mammal bone or baleen incorporated 

2 under this title by an Indian, Aleut, or Eskimo, into 

3 an authentic Alaska Native article of handicrafts 

4 and clothing.’’. 

Æ 


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