ARTIST Act
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The Alaska's Right to Ivory Sales and Tradition Act, also called the ARTIST Act, amends the Marine Mammal Protection Act of 1972 to bar states from banning the sale or trade of marine mammal ivory, bone, or baleen when Alaska Natives use those materials in authentic traditional handicrafts and clothing.
It also clarifies the existing subsistence and handicraft exemption for Alaska Native hunters, adds evidence and transparency requirements before federal regulators can restrict their take of marine mammals, and preserves existing tribal rights and government-to-government consultation.
What this law does
What it does
The law amends the Marine Mammal Protection Act's exemption for Alaska Natives who reside in Alaska and dwell on the coast of the North Pacific or Arctic Ocean. It restates that these individuals may take marine mammals for subsistence or to create and sell authentic Alaska Native handicrafts and clothing, provided the taking is not wasteful, and it defines key terms like "marine mammal ivory" and "traditional Alaska Native handicrafts." It bars any state from prohibiting the interstate commerce, sale, transfer, trade, barter, or possession of marine mammal ivory, bone, or baleen incorporated into authentic handicrafts by an Alaska Native. The law also requires the Secretary to support any depletion determination or regulation affecting these communities with substantial evidence, documented in writing and posted publicly, when challenged by an Alaska Native organization. It states that nothing in the provision affects existing tribal rights or undermines government-to-government consultation.
Key provisions
- 1Restates the exemption letting Alaska Natives take marine mammals for subsistence or for producing and selling authentic handicrafts and clothing, if not done wastefully.
- 2Prohibits states from banning the interstate commerce, sale, transfer, trade, barter, or possession of marine mammal ivory, bone, or baleen used in authentic Alaska Native handicrafts.
- 3Defines 'authentic Alaska Native article of handicrafts and clothing,' 'marine mammal ivory,' and 'traditional Alaska Native handicrafts' for purposes of the exemption.
- 4Allows the Secretary to regulate takings of a depleted species or stock, but only after notice and hearing, with regulations lifted once the need disappears.
- 5Requires the Secretary to publicly document substantial evidence, including Indigenous knowledge, supporting any regulation or depletion finding challenged by an Alaska Native organization.
- 6States that the exemption does not affect existing tribal rights or undermine government-to-government consultation.
Who is affected
Alaska Native artisans and hunters who produce ivory, bone, and baleen handicrafts, state governments that currently or might otherwise restrict sale of these items, the Department of Commerce (through NOAA) as regulator of marine mammal takings, and buyers or retailers of authentic Alaska Native handicrafts across state lines.
Why it matters
Alaska Native artisans depend on selling ivory and bone handicrafts as a livelihood and cultural practice, and state-level bans on such sales had created legal uncertainty or blocked interstate trade. The law removes that patchwork of state restrictions and adds procedural safeguards before federal regulators can further limit their marine mammal harvesting.
What changed
Changes to existing law
Amends Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(b)) (Sec. 2)
Rewrites the Alaska Native exemption to define key terms, bar state bans on interstate sale of ivory/bone/baleen handicrafts, and add evidence requirements for restricting regulations.
Agencies directed to act
Funding and costs
Congressional Budget Office estimate
CBO estimates the ARTIST Act would have no effect on the federal budget, with zero impact on direct spending, revenues, or the deficit over the 2025–2035 period.
CBO estimates that S. 254, the ARTIST Act, would have no budgetary effect — direct spending, revenues, and the deficit all remain at zero for fiscal years 2025 through 2035. The bill amends the Marine Mammal Protection Act to prohibit states from banning the import, sale, or possession of marine mammal ivory, bone, or baleen incorporated into authentic Alaska Native handicrafts and clothing; because this does not change federal policy, it has no effect on federal spending. CBO identified one intergovernmental mandate — the bill would preempt state laws governing such handicrafts — but concluded it would impose no additional costs on state governments, keeping the mandate below UMRA's threshold. No private-sector mandate was identified.
How it works
The Department of Commerce, which administers the Marine Mammal Protection Act, continues to oversee the Alaska Native exemption and must issue any new depletion-based restrictions through notice-and-hearing rulemaking. When an Alaska Native organization challenges a regulation, determination, or finding affecting these communities, the Secretary must publish a written justification, including consideration of Indigenous knowledge, on the agency's website showing the action is supported by substantial evidence. The state preemption provision takes effect automatically, barring state laws or enforcement actions that would restrict interstate sale of qualifying handicrafts.
Legislative status & sources
Latest action
Became Public Law No: 119-99.
Official CRS summary
Show the CRS summaryHide the CRS summary
This act prohibits states from imposing bans on marine mammal products produced by Alaska Natives.
Specifically, states may not prohibit the interstate commerce, importation, sale, transfer, trade, barter, or possession of marine mammal ivory, marine mammal bone, or baleen legally produced by an Alaska Native as an authentic Alaska Native article of handicrafts and clothing.
Legislative subjects
Alaska; Alaska Natives and Hawaiians; Historical and cultural resources; Mammals; Native Americans; Wildlife conservation and habitat protection
Committee report
S. Rept. 119-73