Artist’s residency is a contemporary limiting factor that has arisen in terms of regulatory permitting. This distinction started with the Alaska Native Claims Settlement Act (ANCSA) in 1971 that directed the Secretary of the Interior and the State of Alaska to protect the subsistence needs of Alaska Natives. The state of Alaska tried to provide a preference for subsistence uses; but failed to define who qualified. This resulted in the Alaska National Interest Lands Conservation Act (ANILCA) in 1980, which defined subsistence users as rural residents and subsistence as customary and traditional uses. Thus, rural residents were given priority for access to natural resource materials used for Alaska Native art.

Today, both federal and state law defines subsistence to include the use of customary and traditional materials in the creation of handicrafts for sharing, barter and customary trade (AS 16.05.940[32], Title VIII of ANILCA section 803). Residency has become a determining factor of artistic creation as the federal subsistence management policies define Alaska Native Handicrafts as finished products made by a rural Alaska resident (36 CFR § 242.25). As such, the residency of an artist remains a defining regulatory classification for the subsistence harvest of art materials and the creation of Alaska Native Handicrafts for federal lands. In contrast to federal land managers, all Alaskan residents have equal access to all-natural resources and art materials on state land.

From yellow cedar bark baskets to tundra swan skin parkas, Native art is as diverse as the species utilized to create it. Alaska's flora and fauna provide a wealth of artistic materials. Yet, each native species possess different harvest permits, seasons, and artistic restrictions. An artist must carefully determine each species of fauna or flora that will be utilized in the artwork. Each utilized species of adds an additional layer of permitting and record keeping for an given artistic piece.

One of the most regulated natural artistic materials used in traditional Alaska Native Arts are raw marine mammal parts. Under the Marine Mammal Protection Act (MMPA), Alaska Native People who reside in Alaska, and dwell on the coast may harvest sea otters, ice seals, sea lions, and other marine mammals in a non-wasteful manner for subsistence purposes or for the purpose of creating and selling authentic Native articles of handicrafts and clothing (16 USC 1361 - 1421h).

It is important to note that the marine mammal protection act does not define who qualifies as an Alaska Native. Instead of the federal government has utilized the ANCSA definition of Alaska Native as an American citizen who is of one-fourth degree or more Alaska Indian, Yupik, Inupiaq, Aleut blood, or a combination thereof (43 U.S.C. § 1602). Therefore, harvesters and artists must possess a blood quantum of greater than one-fourth degree to handle the raw materials. Native artisans and patrons with less than the one-fourth degree blood quantum are defined as non-native and are prohibited from handling the unmodified artistic materials (43 U.S.C. § 1602

The 1918 Migratory Bird Treaty Act not only determines the harvest of migratory birds in Alaska, but also the use of their inedible by-products. Following the 1961 “Duck In” protests, subsequent treaty negotiations, and amendments; rural Alaskan residents can harvest migratory birds for subsistence during the spring (50 CFR §92.6).

Specifically, the 1975 Morton Policy allows only Alaska Natives to harvest, sell, and resell any authentic Native article of handicraft that contains an inedible by-product of specific migratory bird species if it has been harvested during the spring subsistence harvest (50 CFR §92.6, 82 FR 34263). Thus, only Alaska Natives who qualify for the rural federal subsistence program can utilize inedible by-products of migratory birds for commercial Native art (82 FR §34263).

Urban Alaska Native artists can still use inedible avian byproducts such as feathers in the creation of native art commodities as long as the bird utilized is classified as an upland game bird or a domestic variety of birds. This means ptarmigans and grouse species can be used in the creation of art without the limitations of rural or urban residency (50 CFR §92.6, 82 FR 34263). Turkey feathers or other domestic fowl can also be modified to mimic the design of many migratory birds used in traditional art without the extensive documentation of authorized harvest and artist residency.

A critical distinctions in terms of regulations for natural native art materials is creative intent. An individual artist must consider carefully the creative intent of the artwork as a culturally functional object, a personal decorative adornment, or artwork that functions as a commodity. The harvest of natural resource materials for the creation of Alaska Native art with the intent to sell as a commercial commodity possesses additional restrictions and permitting that the creation of art for personal or cultural use does not require. With many natural resource agencies, creative intent determines priority access, permits, and harvest locations required for traditional native art material harvest.

Alaska Native Handicraft is defined as a finished product created by an Alaska Native that has been substantially altered to increase its monetary and aesthetic value from an unaltered natural material by skillful hands (36 CFR § 242.4, 50 CFR § 18.23). In contrast, Alaska Native Art is more broadly defined as an artistic expression of creative skill by an Alaska Native individual or tribally recognized artist. This definition of Native Art focuses more on the creative process and visual form of the artwork rather than the amount of material alteration or modification.

In general, most land managers utilize the Alaska Native Handicraft terminology to draw the distinction between commercial and personal use artwork in terms of harvest permitting and resource allocation due to substantial altercation permitting requirements for trade, barter or sale of artwork (36 CFR § 242.4, 50 CFR § 18.23, 50 CFR §92.6). This is especially true for handicrafts created from marine mammals, migratory birds, big game animals, and CITES listed species.

The extent of modification of the raw materials to create the artwork can vary on the managing authority. For USFWS, “significantly altered” is when the pelt, bones, claws, or skull is no longer recognizable from its original form and is crafted into a handicraft or article of clothing. This can be accomplished by lining, blocking, and stitching pelts into handicrafts or significantly carving bones and ivory.

For the ADF&G, modification refers to the destruction of the trophy value of a big game animal mount, skin and cape, horns or antlers attached to the skull plate. The final native handicraft must no longer exhibit a lifelike representation of the animal made from any part of the animal. This can be accomplished by breaking the skull plate in half of an antler trophy, removing the claws and head from a rug mount, or stitching claws as decorative elements to clothing.

One of the most straightforward regulations for Native Art is the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The international agreement regulates the importation and exportation of flora and fauna that are listed as threatened or endangered in the agreement.

In general, CITES requires artists and patrons to obtain documentation and permits for the international transport of artwork created with parts of listed flora and fauna. For commercial Native Art, the artist must obtain an Import/Export License, complete the USFWS form 3-177, document the artwork’s commercial value, and obtain CITES Import and Export permits depending on the species used in the artwork. If the authentic handicrafts include materials from a sea otter, polar bears, whales, or walrus; then special CITES Export permits are also required.

Non-commercial shipments, such as transporting personal regalia across international borders, may require some CITES documentation based on the species utilized and the overall value of the artwork (50 CFR §14.64). If a Native art piece is worth less than $250, does not utilize listed species, is for personal use, and is hand-carried across the border, then the export generally does not require documentation. An example is an Athabascan beaded barrette with smoked moose hide backing and beaver fur trim. However, if the value of the artwork is more than $250 or if the piece is mailed, it will require the U.S. Fish and Wildlife Declaration for Importation or Exportation of Fish and Wildlife form (USFWS form 3-177). Thus, an Athabascan beaded baby belt with smoked moose hide backing will require a USFWS form 3-177 if it is hand-carried across an international border. In general, mailing noncommercial artwork will most likely require the USFWS form 3-177, no matter the value of the artwork or species utilized.