Empowering Rural Economies Through Alaska Native Sustainable Arts and Handicrafts Act

II 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 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 prod- ucts, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Empowering Rural 4 Economies Through Alaska Native Sustainable Arts and 5 Handicrafts Act’’. 6 VerDate Sep 11 2014 04:23 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S804.IS S804 kjohnson on DSK79L0C42 with BILLS 2 •S 804 IS SEC. 2. ALASKA NATIVE HANDICRAFTS. 1 Section 101(b) of the Marine Mammal Protection Act 2 Of 1972 (16 U.S.C. 1371(b)) is amended to read as fol- 3 lows: 4 ‘‘(b) APPLICATION TO CERTAIN ALASKA NATIVES.— 5 ‘‘(1) DEFINITIONS.—In this subsection: 6 ‘‘(A) AUTHENTIC NATIVE ARTICLE OF 7 HANDICRAFTS AND CLOTHING.—The term ‘au- 8 thentic native article of handicrafts and cloth- 9 ing’ means an item composed wholly, or in some 10 significant respect, of natural materials that is 11 produced, decorated, or fashioned in the exer- 12 cise of traditional native handicrafts without 13 the use of a pantograph, multiple carvers, or 14 any other mass copying device. 15 ‘‘(B) TRADITIONAL NATIVE HANDI- 16 CRAFTS.—The term ‘traditional native handi- 17 crafts’ includes weaving, carving, stitching, sew- 18 ing, lacing, beading, drawing, and painting. 19 ‘‘(C) FOSSILIZED IVORY.—The term ‘fos- 20 silized ivory’ includes a fossilized tooth or tusk 21 from a species of walrus, mammoth, mastodon, 22 narwhal, or whale. 23 ‘‘(2) APPLICATION.—Except as provided in sec- 24 tion 109, the provisions of this Act shall not apply 25 with respect to the taking of any marine mammal by 26 VerDate Sep 11 2014 04:23 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S804.IS S804 kjohnson on DSK79L0C42 with BILLS 3 •S 804 IS any Indian, Aleut, or Eskimo who resides in Alaska 1 and who dwells on the coast of the North Pacific 2 Ocean or the Arctic Ocean if such taking— 3 ‘‘(A)(i) is for subsistence purposes; or 4 ‘‘(ii) is done for purposes of creating and 5 selling authentic native articles of handicrafts 6 and clothing; and 7 ‘‘(B) in each case, is not accomplished in 8 a wasteful manner. 9 ‘‘(3) LIMITATIONS.—Notwithstanding para- 10 graph (2), if, under this Act, the Secretary deter- 11 mines any species or stock of marine mammal sub- 12 ject to taking by Indians, Aleuts, or Eskimos to be 13 depleted, the Secretary may prescribe regulations 14 upon the taking of such marine mammals by any In- 15 dian, Aleut, or Eskimo described in this subsection. 16 Such regulations may be established with reference 17 to species or stocks, geographical description of the 18 area included, the season for taking, or any other 19 factors related to the reason for establishing such 20 regulations and consistent with the purposes of this 21 Act. Such regulations shall be prescribed after notice 22 and hearing required by section 103 of this title and 23 shall be removed as soon as the Secretary deter- 24 mines that the need for their imposition has dis- 25 VerDate Sep 11 2014 04:23 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S804.IS S804 kjohnson on DSK79L0C42 with BILLS 4 •S 804 IS appeared. In promulgating any regulation or making 1 any assessment pursuant to a hearing or proceeding 2 under this subsection or section 117(b)(2), or in 3 making any determination of depletion under this 4 subsection or finding regarding unmitigable adverse 5 impacts under subsection (a)(5) that affects stocks 6 or persons to which this subsection applies, the Sec- 7 retary shall be responsible for demonstrating that 8 such regulation, assessment, determination, or find- 9 ing is supported by substantial evidence on the basis 10 of the record as a whole. The preceding sentence 11 shall only be applicable in an action brought by one 12 or more Alaska Native organizations representing 13 persons to which this subsection applies. 14 ‘‘(4) SPECIAL RULES.— 15 ‘‘(A) INTERSTATE COMMERCE.—Only au- 16 thentic native articles of handicrafts and cloth- 17 ing may be sold in interstate commerce. 18 ‘‘(B) EDIBLE PORTIONS OF MARINE MAM- 19 MALS.—Any edible portion of a marine mammal 20 may be sold in a native village or town in Alas- 21 ka or for native consumption. 22 ‘‘(5) PROHIBITIONS.— 23 ‘‘(A) MAMMOTH, MASTODON, AND WALRUS 24 IVORY, MARINE MAMMAL BONES, TEETH, AND 25 VerDate Sep 11 2014 04:23 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S804.IS S804 kjohnson on DSK79L0C42 with BILLS 5 •S 804 IS BALEEN.—No State shall prohibit the importa- 1 tion, sale, offer for sale, transfer, trade, barter, 2 possession, or possession with the intent to sell, 3 transfer, trade, or barter of mammoth, mas- 4 todon, or walrus ivory, marine mammal bones, 5 teeth, or baleen produced under this title by an 6 Indian, Aleut, or Eskimo, as an authentic na- 7 tive article of handicrafts and clothing. 8 ‘‘(B) FOSSILIZED IVORY.—No State shall 9 prohibit the importation, sale, offer for sale, 10 transfer, trade, possession, or possession with 11 the intent to sell, transfer, trade, or barter, of 12 fossilized ivory.’’. 13 Æ VerDate Sep 11 2014 04:23 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S804.IS S804 kjohnson on DSK79L0C42 with BILLS