S254-119

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: In this subsection: 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. The term marine mammal ivory includes a tooth or tusk from a walrus (Odobenus rosmarus) or a species of cetacean. The term traditional Alaska Native handicrafts includes weaving, carving, stitching, sewing, lacing, beading, drawing, and painting. 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— is for subsistence purposes; or is done for purposes of creating and selling authentic Alaska Native articles of handicrafts and clothing; and in each case, is not accomplished in a wasteful manner. 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). 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. 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. 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. 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. 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 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. 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. Nothing in this subsection shall be construed to— 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 undermine any government-to-government consultation or engagement. (b)Exemption for Alaskan Natives(1)DefinitionsIn this subsection:(A)Authentic Alaska Native article of handicrafts and clothingThe 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 ivoryThe term marine mammal ivory includes a tooth or tusk from a walrus (Odobenus rosmarus) or a species of cetacean.(C)Traditional Alaska Native handicraftsThe term traditional Alaska Native handicrafts includes weaving, carving, stitching, sewing, lacing, beading, drawing, and painting.(2)Exemption(A)In generalExcept 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 itemsAn 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 mammalAny 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 generalNotwithstanding 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 regulationsThe 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 regulationsThe 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 evidenceIn 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)ApplicabilityThe 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)ProhibitionsNo 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 constructionNothing 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..