Navigating ambiguous regulations: an artist's perspective on indigenous art materials and resource management in Alaska

Abstract

Alaska Native art is legally defined as art created by a member of a state or federally-recognized tribe of Alaska Natives or a certified non-member artisan (Indian Arts and Crafts Act). Yet this legal definition does not reference the cultural expression and application of creative skill that makes Alaska Native Art a strategic expressive resource. Alaska Native Art is a cultural resource that impacts indigenous economies, cultural social networks, natural resource utilization, and political engagement. Through the creation of native art, an individual not only expresses their culture but also becomes engaged in the natural resource utilization and management in Alaska. However, the link between natural resource management and customary material harvest and utilization has been historically underappreciated primarily due to regulatory ambiguity and broad nature of artistic creation.

The harvest and use of these customary materials are governed by multiple state and federal laws across diverse management agencies. State and federal natural resource management agencies possess different interpretations for who may harvest natural resources for art, definitions of significant modifications of natural materials to create art, and priorities governing urban and rural access. Each agency applies different administrative codes to determine proper permitting for both personal artistic creation and the manufacture of marketplace authentic Alaska Native Handicrafts. However, this ambiguous labyrinth of regulation is constantly changing and adapting to new federal and state laws, treaties, and court rules.

It is the responsibility of the native artist to navigate this complicated mosaic of regulatory authority to harvest natural materials for art. Yet the foundation from which an artist begins navigating regulatory authority is often inadequately defined. It is the purpose of this MFA thesis is to provide an artist’s perspective on native art materials and resource management in Alaska