The "ARTIST Act" amends the Marine Mammal Protection Act of 1972, to protect the cultural practices and livelihoods of Alaska Native artisans by allowing them to sell authentic marine mammal ivory handicrafts and clothing in interstate commerce, while also ensuring sustainable practices and incorporating Indigenous knowledge into regulations.
Dan Sullivan
Senator
AK
The "ARTIST Act" amends the Marine Mammal Protection Act of 1972, to protect the cultural practices and livelihoods of Alaska Natives who create authentic handicrafts and clothing from marine mammal parts. It defines "authentic Alaska Native article of handicrafts and clothing" and "marine mammal ivory", and it exempts Alaska Natives residing on the Alaskan coast from certain restrictions when harvesting marine mammals for subsistence or crafting purposes. The Act allows for the interstate sale of authentic Alaska Native handicrafts and clothing and restricts states from banning the import, sale, or trade of marine mammal ivory, bone, or baleen used in these items.
ARTIST Act: New Bill Allows Alaska Natives to Sell Marine Mammal Ivory Crafts
The "Alaska's Right To Ivory Sales and Tradition Act," or "ARTIST Act," makes big changes to the Marine Mammal Protection Act, focusing on Alaska Natives' rights to use marine mammals for subsistence and crafting. Let's break down what this actually means.
Making a Living, the Traditional Way
The core of the ARTIST Act is this: It lets Alaska Natives, who live along the Alaskan coast of the North Pacific or Arctic Ocean, continue their traditional ways of life. This includes hunting marine mammals for food and using parts of those animals – like walrus tusks or whale teeth (defined as "marine mammal ivory") – to create "authentic Alaska Native article of handicrafts and clothing". These are items made using traditional methods, not mass-produced copies, and they're central to many Alaska Native cultures. The bill specifically says Alaska Natives can sell these handicrafts, even across state lines.
For example, an Inupiaq artist in Utqiaġvik can carve walrus ivory into intricate sculptures and sell them, and a Yup'ik artisan in Bethel can create clothing from seal skins and sell those items in other states, provided that all crafts are created using traditional methods and materials. This potentially opens up new economic avenues for these communities. Section 2 of the bill lays out these definitions and exemptions.
The Rules of the Game
While the bill supports traditional practices, it also sets some ground rules. Alaska Natives can't take marine mammals in a "wasteful manner." If a specific marine mammal population is considered "depleted," the Secretary (likely referring to the Secretary of Commerce or Interior, who oversee marine mammal management) can step in to regulate the harvest. But – and this is a big but – any regulations impacting Alaska Native communities have to be backed by "substantial evidence, including Indigenous knowledge." (Section 2). This means traditional knowledge gets a seat at the table when decisions are made.
Potential Challenges and Impacts
While the ARTIST Act aims to protect cultural practices and boost local economies, there are some potential downsides. One concern is enforcement. It could be tricky to ensure that all crafts sold as "authentic" actually are. There's also the risk of increased hunting pressure on certain marine mammal populations if regulations aren't carefully managed. The bill explicitly prohibits states from banning the import/sale of "marine mammal ivory" in authentic Alaska Native handicrafts. (Section 2). This could create tension with states that have stricter laws regarding ivory sales.
Ultimately, the ARTIST Act walks a fine line between respecting Indigenous rights and ensuring the long-term health of marine mammal populations. It's a significant change, and how it plays out in the real world will depend on how effectively it's implemented and enforced.