Alaska’s Right to Ivory Sales and Tradition Act

The law preserves Alaska Native cultural and economic practices while retaining federal authority to protect depleted marine mammal species or stocks.

What the law does ​

• Allows qualifying Alaska Natives to take marine mammals without waste for subsistence or to make and sell authentic handicrafts and clothing.
• Protects interstate sales of qualifying Alaska Native products containing marine mammal ivory, bone, or baleen.
• Bars states from banning protected transactions involving those authentic Alaska Native products.
• Limits authenticity protections to goods made with significant natural materials, traditional methods, and no mass copying.
• Requires challenged federal restrictions involving depleted species or stocks to be supported publicly in writing by substantial evidence, including consideration of Indigenous knowledge.
• Preserves existing tribal rights and government-to-government consultation and engagement.

Who it affects ​

• Qualifying Alaska Native subsistence users, artists, craftspeople, and sellers.
• Buyers and interstate sellers of authentic Alaska Native handicrafts and clothing.
• States regulating products made with marine mammal ivory, bone, or baleen.
• Alaska Native organizations challenging federal restrictions involving depleted marine mammals.

Breakdown ​

Alaska’s Right to Ivory Sales and Tradition Act ​

The ARTIST Act protects qualifying Alaska Natives’ ability to take marine mammals without waste for subsistence and for making and selling authentic traditional handicrafts and clothing. It also protects interstate trade in qualifying Alaska Native products made with marine mammal ivory, bone, or baleen, while allowing federal restrictions when a marine mammal species or stock is depleted.

Key takeaways

• Authentic Alaska Native handicrafts and clothing must use natural materials to a significant extent, be made by a qualifying Alaska Native using traditional methods, and not be mass-copied.
• Marine mammals may be taken by qualifying Alaska Natives for subsistence or to create and sell authentic handicrafts and clothing, as long as the taking is not wasteful.
• Items marketed as authentic Alaska Native handicrafts and clothing may be sold across state lines only if they meet the Act’s definition.
• States may not ban protected transactions involving marine mammal ivory, bone, or baleen incorporated by an Alaska Native into authentic Alaska Native handicrafts or clothing.
• The federal government may regulate Alaska Native taking of a depleted marine mammal species or stock, but covered decisions must be publicly supported in writing by substantial evidence, including consideration of Indigenous knowledge, when challenged by an Alaska Native organization.
• The Act does not change existing tribal rights or weaken government-to-government consultation or engagement.