[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 254 Reported in Senate (RS)]
<DOC>
Calendar No. 178
119th CONGRESS
1st Session
S. 254
[Report No. 119-73]
To amend the Marine Mammal Protection Act of 1972 to protect the
cultural practices and livelihoods of producers of Alaska Native
handicrafts and marine mammal ivory products, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 24, 2025
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
October 6, 2025
Reported by Mr. Cruz, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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 marine mammal 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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Alaska's Right To Ivory
Sales and Tradition Act'' or the ``ARTIST Act''.</DELETED>
<DELETED>SEC. 2. ALASKA NATIVE HANDICRAFTS.</DELETED>
<DELETED> Section 101(b) of the Marine Mammal Protection Act Of 1972
(16 U.S.C. 1371(b)) is amended to read as follows:</DELETED>
<DELETED> ``(b) Exemption for Alaskan Natives.--</DELETED>
<DELETED> ``(1) Definitions.--In this subsection:</DELETED>
<DELETED> ``(A) Authentic alaska native article of
handicrafts and clothing.--The term `authentic Alaska
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 Alaska Native
handicrafts by an Indian, Aleut, or Eskimo 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.</DELETED>
<DELETED> ``(B) Marine mammal ivory.--The term
`marine mammal ivory' includes a tooth or tusk from a
species of walrus, narwhal, or whale.</DELETED>
<DELETED> ``(C) Traditional alaska native
handicrafts.--The term `traditional Alaska Native
handicrafts' includes weaving, carving, stitching,
sewing, lacing, beading, drawing, and
painting.</DELETED>
<DELETED> ``(2) Exemption.--</DELETED>
<DELETED> ``(A) In general.--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--</DELETED>
<DELETED> ``(i)(I) is for subsistence
purposes; or</DELETED>
<DELETED> ``(II) is done for purposes of
creating and selling authentic Alaska Native
articles of handicrafts and clothing;
and</DELETED>
<DELETED> ``(ii) in each case, is not
accomplished in a wasteful manner.</DELETED>
<DELETED> ``(B) Special rules.--</DELETED>
<DELETED> ``(i) Interstate commerce of
items.--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).</DELETED>
<DELETED> ``(ii) Edible portion of marine
mammal.--Any edible portion of a marine mammal
taken for the primary purpose of creating and
selling authentic Alaska Native articles of
handicrafts and clothing may be sold in a
native village or town in Alaska or for native
consumption.</DELETED>
<DELETED> ``(3) Limitations.--</DELETED>
<DELETED> ``(A) In general.--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.</DELETED>
<DELETED> ``(B) Content of regulations.--The
regulations described in subparagraph (A) 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.</DELETED>
<DELETED> ``(C) Notice and hearing; removal of
regulations.--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.</DELETED>
<DELETED> ``(D) Regulations to be supported by
substantial evidence.--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 preceding sentence shall only be
applicable in an action brought by one or more Alaska
Native organizations representing persons to which this
subsection applies.</DELETED>
<DELETED> ``(4) Prohibitions.--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 marine mammal ivory or marine mammal bone
or baleen incorporated under this title by an Indian, Aleut, or
Eskimo, into an authentic Alaska Native article of handicrafts
and clothing.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska's Right to Ivory Sales and
Tradition Act'' or the ``ARTIST 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) Exemption for Alaskan Natives.--
``(1) Definitions.--In this subsection:
``(A) Authentic alaska native article of
handicrafts and clothing.--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.
``(B) Marine mammal ivory.--The term `marine mammal
ivory' includes a tooth or tusk from a walrus (Odobenus
rosmarus) or a species of cetacean.
``(C) Traditional alaska native handicrafts.--The
term `traditional Alaska Native handicrafts' includes
weaving, carving, stitching, sewing, lacing, beading,
drawing, and painting.
``(2) Exemption.--
``(A) In general.--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--
``(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 items.--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).
``(ii) Edible portion of marine mammal.--
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.
``(3) Limitations.--
``(A) In general.--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.
``(B) Content of regulations.--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.
``(C) Notice and hearing; removal of regulations.--
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.
``(D) Regulations to be supported by substantial
evidence.--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.
``(E) Applicability.--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.
``(4) Prohibitions.--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.
``(5) Rule of construction.--Nothing 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.''.
Calendar No. 178
119th CONGRESS
1st Session
S. 254
[Report No. 119-73]
_______________________________________________________________________
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 marine mammal ivory products, and for other purposes.
_______________________________________________________________________
October 6, 2025
Reported with an amendment