H.R. 5694: Alaska’s Right To Ivory Sales and Tradition Act

This bill, titled Alaska’s Right To Ivory Sales and Tradition Act (or ARTIST Act), proposes changes to existing laws surrounding the protection of marine mammals, specifically to better support the cultural practices and economic activities of Alaska Native artisans. Here’s a breakdown of the key components of the bill:

Exemption for Alaska Natives

The bill aims to provide specific exemptions from certain provisions of the Marine Mammal Protection Act for Alaska Natives who engage in traditional handicrafts and clothing production. Specifically, it clarifies that:

• Authentic Alaska Native handicrafts must be produced by indigenous individuals dwelling on the North Pacific or Arctic coasts of Alaska using traditional methods, meaning they cannot be mass-produced.
• Marine mammal ivory refers to materials like walrus, narwhal, or whale tusks and teeth.
• Traditional handicrafts include techniques such as weaving, carving, and beading.

Subistence and Crafting Permissions

The bill allows Alaska Natives to take marine mammals for:

• Subsistence purposes
• Creating and selling authentic handicrafts from marine mammal materials

The taking must not be wasteful and must align with traditional practices. This promotes both cultural heritage and economic viability for the artisans.

Interstate Commerce Provisions

It stipulates that handicrafts can be sold across state lines, provided they meet the definition of authentic Alaska Native art. Furthermore, it allows the sale of edible portions of marine mammals within native towns in Alaska or for local consumption.

Regulations and Limitations

The bill enables the Secretary of the Interior to impose regulations if any species of marine mammal becomes depleted due to customary taking practices. These regulations may relate to:

• Specific species or populations
• Geographical areas
• Seasons for hunting

Any imposed regulations are required to be evidence-based and supported by substantial proof, including Indigenous knowledge.

Prohibitions against State Restrictions

The bill asserts that no state can impose restrictions on the importation, sale, or possession of marine mammal ivory, bone, or baleen when incorporated into authentic Alaska Native handicrafts. This is intended to facilitate commerce and cultural expression among Alaska Natives.

Conclusion

Overall, this bill seeks to protect and promote the cultural practices of Alaska Natives by allowing them to legally utilize marine mammal materials in their traditional handicrafts and to engage in commerce related to these practices without state-level legal obstacles.

Relevant Companies

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