IntroducedIntroduced Jan 24, 2025

S. 254: ARTIST Act

This legislation was introduced in the on 2025-01-24. It currently has a status of Introduced.

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AI Short Summary

This bill protects the cultural traditions and livelihoods of Alaska Native artisans by exempting the creation, interstate sale, and possession of authentic handicrafts made from marine mammal ivory, bone, or baleen from federal and state restrictions.

Native AmericansCultureTradeEnvironment

Sponsors

Sen. Sullivan, Dan [R-AK]

Sen. Sullivan, Dan [R-AK]

Primary Sponsor (R-AK)

This bill protects the rights of Alaska Natives to harvest marine mammals (such as walruses, whales, and narwhals) to create and sell authentic traditional handicrafts and clothing. It also prevents individual states from banning the sale, import, or possession of these authentic Alaska Native ivory, bone, or baleen products.

Summary

The "Alaska’s Right To Ivory Sales and Tradition Act" (or the "ARTIST Act") amends the Marine Mammal Protection Act of 1972 (MMPA). Its primary purpose is to safeguard the cultural heritage and economic livelihoods of coastal Alaska Native artisans. The bill clarifies existing MMPA exemptions for harvesting marine mammals, defines what constitutes an authentic handicraft, and explicitly prohibits states from restricting the interstate commerce of authentic Native handicrafts made from marine mammal ivory, bone, or baleen.

Key Provisions

  • Defines Authentic Handicrafts: Estures that an "authentic Alaska Native article of handicrafts and clothing" must be significantly composed of natural materials and crafted by an Indian, Aleut, or Eskimo residing in coastal Alaska. It prohibits the use of mass-copying devices, such as pantographs or multiple carvers.
  • Defines Marine Mammal Ivory: Clarifies that marine mammal ivory includes teeth and tusks from walruses, narwhals, and whales.
  • Harvesting Exemptions: Explicitly exempts coastal Alaska Natives from MMPA prohibitions when taking marine mammals for subsistence or for creating and selling authentic handicrafts, provided the take is not conducted in a wasteful manner.
  • Interstate Commerce and State-Level Preemption: Prohibits any state from banning the import, sale, transfer, trade, barter, or possession of authentic Alaska Native handicrafts containing marine mammal ivory, bone, or baleen.
  • Use of Edible Portions: Allows the edible portions of marine mammals harvested primarily for handicraft materials to be sold in Alaska Native villages or towns, or sold for Native consumption.
  • Evidence and Indigenous Knowledge Standards: Requires federal regulators to demonstrate "substantial evidence" in writing—explicitly including Indigenous knowledge—before implementing harvest restrictions on depleted species. This provision applies to legal challenges brought by Alaska Native organizations.

Impact Analysis

  • Impact on Alaska Native Artisans and Communities: The bill secures a vital source of income and cultural preservation for coastal Alaska Natives. By establishing clear federal protections, it ensures artisans can sell their traditional carvings and items nationwide without facing legal barriers in states that have broad ivory bans.
  • Impact on State Laws: If enacted, this bill would preempt (override) state-level laws that restrict or ban the sale and possession of ivory and baleen, specifically carved out for authentic Alaska Native art. This resolves a long-standing conflict where state-level elephant ivory bans unintentionally criminalized legally acquired marine mammal ivory crafted by Alaska Natives.
  • Impact on Federal Wildlife Management: The bill maintains the federal government's authority to regulate the harvest of marine mammals if a species is deemed depleted. However, it raises the administrative hurdle for federal agencies by requiring them to publish written, substantial evidence that incorporates Indigenous knowledge before placing limits on Native harvesting.
  • Impact on Conservation and Commerce: By strictly defining authentic items and banning mass-production machinery (like pantographs), the bill attempts to protect the integrity of the market, preventing commercial-scale exploitation while preserving low-impact, traditional artisan economies.
Co-Sponsors (1)
Sen. Murkowski, Lisa [R-AK]

Sen. Murkowski, Lisa [R-AK]

Co-Sponsor (R-AK)

Bill Rendering
119 S254 RS: Alaska’s Right To Ivory Sales and Tradition ActU.S. Senate2025-10-06text/xmlENPursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II
119th CONGRESS
1st Session
S. 254
IN THE SENATE OF THE UNITED STATES
January 24, 2025 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
October 6, 2025 Reported by Mr. Cruz, with an amendmentStrike out all after the enacting clause and insert the part printed in italic
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.Short title

This Act may be cited as the "Alaska’s Right To Ivory Sales and Tradition Act" or the "ARTIST Act".

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.

.
1.Short title

This Act may be cited as the "Alaska’s Right to Ivory Sales and Tradition Act" or the "ARTIST Act".

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 and that is produced, decorated, or fashioned in the exercise of traditional Alaska Native handicrafts by an Alaska Native 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 walrus (Odobenus rosmarus) or a species of cetacean.

(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 Alaska Native 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 purpose of creating and selling authentic Alaska Native articles of handicrafts and clothing may be sold for native consumption or in a native village or town in Alaska.

(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 Alaska Natives to be depleted, the Secretary may prescribe regulations upon the taking of such marine mammals by any Alaska Native described in this subsection.

(B)Content of regulations

The regulations described in subparagraph (A) may be established with reference to species or stocks, geographical area, 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.

(E)Applicability

The requirement under subparagraph (D) 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 interstate commerce, 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 Alaska Native, into an authentic Alaska Native article of handicrafts and clothing.

(5)Rule of construction

Nothing in this subsection shall be construed to—

(A)

impact the rights of any Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) in effect on the date of enactment of the Alaska’s Right to Ivory Sales and Tradition Act; or

(B)

undermine any government-to-government consultation or engagement.

.
October 6, 2025 Reported with an amendment