[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 804 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 804
To amend the Marine Mammal Protection Act of 1972 to protect the
cultural practices and livelihoods of producers of Alaska Native
handicrafts and fossilized ivory products, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 14, 2019
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
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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 fossilized ivory products, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Empowering Rural Economies Through
Alaska Native Sustainable Arts and Handicrafts Act''.
SEC. 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) Application to Certain Alaska Natives.--
``(1) Definitions.--In this subsection:
``(A) Authentic native article of handicrafts and
clothing.--The term `authentic 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 native handicrafts without
the use of a pantograph, multiple carvers, or any other
mass copying device.
``(B) Traditional native handicrafts.--The term
`traditional native handicrafts' includes weaving,
carving, stitching, sewing, lacing, beading, drawing,
and painting.
``(C) Fossilized ivory.--The term `fossilized
ivory' includes a fossilized tooth or tusk from a
species of walrus, mammoth, mastodon, narwhal, or
whale.
``(2) Application.--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--
``(A)(i) is for subsistence purposes; or
``(ii) is done for purposes of creating and selling
authentic native articles of handicrafts and clothing;
and
``(B) in each case, is not accomplished in a
wasteful manner.
``(3) Limitations.--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. Such regulations 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. Such
regulations 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 be responsible for demonstrating
that such regulation, assessment, determination, or finding is
supported by substantial evidence on the basis of the record as
a whole. 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) Special rules.--
``(A) Interstate commerce.--Only authentic native
articles of handicrafts and clothing may be sold in
interstate commerce.
``(B) Edible portions of marine mammals.--Any
edible portion of a marine mammal may be sold in a
native village or town in Alaska or for native
consumption.
``(5) Prohibitions.--
``(A) Mammoth, mastodon, and walrus ivory, marine
mammal bones, teeth, and baleen.--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
mammoth, mastodon, or walrus ivory, marine mammal
bones, teeth, or baleen produced under this title by an
Indian, Aleut, or Eskimo, as an authentic native
article of handicrafts and clothing.
``(B) Fossilized ivory.--No State shall prohibit
the importation, sale, offer for sale, transfer, trade,
possession, or possession with the intent to sell,
transfer, trade, or barter, of fossilized ivory.''.
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