S.254 - Alaska’s Right To Ivory Sales and Tradition Act; ARTIST Act (119th Congress)
Summary
S.254, the ARTIST Act, aims to amend the Marine Mammal Protection Act of 1972. The bill seeks to protect the cultural practices and livelihoods of Alaska Native producers of handicrafts and marine mammal ivory products. It defines key terms like 'authentic Alaska Native article of handicrafts and clothing' and 'marine mammal ivory'.
Expected Effects
The primary effect would be to create an exemption within the Marine Mammal Protection Act for Alaska Natives. This exemption allows for the taking of marine mammals for subsistence and the creation/sale of authentic handicrafts. The bill also includes provisions for interstate commerce of these items and the sale of edible portions within Alaska.
Potential Benefits
- Preserves Alaska Native cultural traditions related to handicrafts and the use of marine mammal ivory.
- Supports the economic livelihoods of Alaska Native artisans and communities.
- Clarifies definitions and regulations related to authentic Alaska Native articles.
- Allows for the sale of edible portions of marine mammals within Alaska Native villages and towns.
- Requires the Secretary to provide substantial evidence when regulating the taking of marine mammals by Alaska Natives.
Potential Disadvantages
- Potential for over-exploitation of certain marine mammal populations if regulations are not carefully enforced.
- Possible challenges in distinguishing between authentic Alaska Native articles and fraudulent products.
- Risk of increased interstate commerce in marine mammal ivory, potentially impacting conservation efforts.
- The bill may face opposition from environmental groups concerned about the protection of marine mammals.
- Potential for legal challenges regarding the definition and application of 'Indigenous knowledge'.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's alignment with the Constitution is complex. Congress has the power to regulate commerce (Article I, Section 8), which could justify regulating the sale of marine mammal products. However, the bill also touches on the rights and cultural practices of Alaska Natives, which may be subject to different interpretations. The bill's focus on a specific group (Alaska Natives) could raise questions under the Equal Protection Clause, although laws benefiting Native American tribes have often been upheld due to the unique relationship between the federal government and tribes.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).