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This law changes federal marine mammal rules to better protect Alaska Native traditions, crafts, and income. It keeps a long-standing exception that allows Alaska Natives who live on the coast of Alaska to take marine mammals for subsistence or to make and sell traditional handicrafts, as long as the taking is not wasteful. It also makes clear that items made with walrus ivory or whale tooth or tusk can be sold when they are truly authentic Alaska Native handcrafts, while limiting fake or mass-produced items.
It defines “authentic” Alaska Native handicrafts as items made mainly from natural materials using traditional methods, not mass-copying tools.
It says marine mammal ivory includes walrus tusks and teeth or tusks from cetaceans, such as whales.
It allows sale of these authentic items across state lines only when they really meet the law’s definition, and it allows edible parts from marine mammals taken for these purposes to be sold for native use in Alaska villages or towns.
It lets the federal government set special limits if a marine mammal species is found to be depleted, but requires notice, a hearing, and written support based on substantial evidence, including Indigenous knowledge. Those limits must be removed when no longer needed.
It also blocks states from banning the interstate trade, sale, possession, or transport of marine mammal ivory, bone, or baleen when those materials are used in authentic Alaska Native handicrafts, while protecting existing tribal rights and government-to-government consultation.
Official Summaries
Alaska’s Right To Ivory Sales and Tradition Act or the ARTIST Act
This bill prohibits states from imposing bans on marine mammal products produced by Alaska Natives.
Specifically, states may not prohibit the 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.
Alaska’s Right to Ivory Sales and Tradition Act or the ARTIST Act
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.
Current Full Text
[119th Congress Public Law 99]
[From the U.S. Government Publishing Office]
[[Page 841]]
ALASKA'S RIGHT TO IVORY SALES AND TRADITION ACT
[[Page 140 STAT. 842]]
Public Law 119-99
119th Congress
An Act
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. <<NOTE: June 12, 2026 - [S. 254]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Alaska's Right
to Ivory Sales and Tradition Act.>>
SECTION 1. <<NOTE: 16 USC 1361 note.>> 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
[[Page 140 STAT. 843]]
``(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) <<NOTE: Determinations.>> Limitations.--
``(A) <<NOTE: Regulations.>> 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.-- <<NOTE: Public information. Web
posting.>> 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.
[[Page 140 STAT. 844]]
``(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.''.
Approved June 12, 2026.
LEGISLATIVE HISTORY--S. 254 (H.R. 5694):
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HOUSE REPORTS: No. 119-674 (Comm. on Natural Resources) accompanying
H.R. 5694.
SENATE REPORTS: No. 119-73 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD:
Vol. 171 (2025):
Oct. 8, considered and passed
Senate.
Vol. 172 (2026):
June 2, 3, considered and passed
House.
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