US Federal Law Preempts State Bans on Alaska Native Marine Mammal Trade

The White House confirmed on Friday that President signed S. 254, known as the Alaska’s Right to Ivory Sales and Tradition Act (ARTIST Act), into law. The legislation formally amends the Marine Mammal Protection Act of 1972, establishing a federal framework that restricts individual states from imposing their own bans on specific marine mammal products.

Under the new statutory provisions, states are prohibited from enacting prohibitions on the interstate commerce, importation, sale, transfer, trade, barter, or possession of marine mammal ivory, bone, or baleen. This federal preemption ensures that these items remain in legal circulation across state lines, overriding any conflicting state-level restrictions that may have previously existed.

The exemption is strictly limited to products produced by Alaska Natives. To qualify for protection under the ARTIST Act, the marine mammal materials must be fashioned into authentic Alaska Native articles of handicrafts and clothing. The law does not extend to other forms of marine mammal usage or non-indigenous commercial activities.

The legislation specifically addresses marine mammal derivatives, distinguishing them from terrestrial ivory. Terrestrial elephant ivory remains subject to separate and distinct regulatory frameworks, ensuring that the ARTIST Act does not inadvertently legalise the trade of elephant products, which are governed by different international and domestic conservation laws.

By amending the 1972 Marine Mammal Protection Act, the ARTIST Act resolves long-standing tensions between federal conservation statutes and indigenous cultural practices. The law prioritises the preservation of Alaska Native traditions in handicraft and clothing production while maintaining the broader federal structure of marine mammal protection.