ARTIST Act Exempts Alaska Native Ivory Sales from Federal Marine Mammal Protections, Bans State Restrictions

The “Alaska’s Right To Ivory Sales and Tradition Act,” or the ARTIST Act, is setting up specific exemptions to the federal Marine Mammal Protection Act (MMPA) for coastal Alaska Natives. In short, this bill clarifies that Alaska Natives (Indians, Aleuts, or Eskimos living on the coasts of the North Pacific or Arctic Oceans) can take marine mammals for two reasons: subsistence, or specifically for creating and selling traditional handicrafts.

The Fine Print on Traditional Crafting

If you’re a consumer, a crafter, or someone concerned about wildlife, the definitions here matter a lot. The bill strictly defines an “authentic Alaska Native article of handicrafts and clothing.” It must be made mostly from natural materials and produced using traditional Alaska Native skills like carving or weaving. Crucially, the bill bans the use of mass-production tools, like a pantograph, and prohibits multiple carvers working on the same piece. This is designed to protect the integrity of the craft and ensure that the exemption isn't used to launch an industrial-scale ivory operation. The materials covered include marine mammal ivory from walrus, narwhal, or whales.

What About the Byproducts?

One interesting provision deals with the parts of the animal that aren't used for the art. If a marine mammal is taken primarily for craft sales, the edible parts can still be sold. However, this sale is limited: it must occur within a native village or town in Alaska, or it must be sold for native consumption elsewhere. This provision supports the cultural value of using the entire animal but keeps the commercial sale of meat highly localized and focused on native consumption, reducing the chances of a broader commercial food market opening up under the guise of craft sales.

State Laws Are Out of the Picture

For those who follow state-level conservation laws, this bill includes a major preemption clause. The ARTIST Act explicitly forbids any state from stopping an Alaska Native from importing, selling, trading, or possessing marine mammal ivory or bone that has been incorporated into an authentic Alaska Native handicraft. If you live in a state that has strict laws against the sale of ivory—even antique or legally sourced ivory—this federal law would override those restrictions when it comes to these specific, finished, traditional items. This is a clear win for the economic livelihood of the artisans, but it removes a tool states might use to manage wildlife trade within their borders.

The Conservation Catch

While the bill creates broad exemptions, it doesn’t completely eliminate federal oversight. The Secretary (of the Interior or Commerce, depending on the species) can still step in if a specific marine mammal population is deemed “depleted.” If that happens, the Secretary can issue regulations limiting how these animals can be taken. However, there’s a procedural detail that’s worth noting: the requirement for the Secretary to back up their decision with “substantial evidence” only kicks in if an Alaska Native organization sues over the regulation. This means the default process is less stringent unless challenged in court, which could make initial regulatory actions easier to implement but potentially harder to challenge without litigation.