Indigenous Artist Protections

SCRAPD takes the authenticity and legal protection of Indigenous art seriously. Below are the frameworks we honor, and the position we hold as a marketplace.

Indian Arts and Crafts Act of 1990

The Indian Arts and Crafts Act (25 U.S.C. §305 et seq.) is a federal truth-in-advertising law. It is illegal to market a product as “Indian made,” “Native American,” or with the name of a federally or state recognized tribe, unless the maker is in fact a member, or certified by, that tribe.

SCRAPD requires sellers offering work described as Indigenous, Native American, or tribally affiliated to be enrolled members of a federally or state recognized tribe, or to be certified Indian artisans. Misrepresentation is grounds for immediate removal and referral to the Indian Arts and Crafts Board.

Marine Mammal Protection Act Exemptions

The Marine Mammal Protection Act of 1972 (16 U.S.C. §1361 et seq.) generally prohibits the taking, possession, and sale of marine mammal parts. It contains a narrow exemption for Alaska Natives - Aleut, Eskimo, and Indian residents of Alaska - who may harvest marine mammals for subsistence and create authentic articles of handicraft and clothing from non-wasteful taking.

Authentic Alaska Native handicrafts incorporating walrus ivory, seal, or whale baleen may be sold lawfully when made and sold by the Native artisan themselves. SCRAPD honors this exemption and does not treat such listings as wildlife violations when documentation is provided.

Tribal & Subsistence Rights

Tribal sovereignty includes the right to harvest, craft, and trade in traditional materials according to tribal law and longstanding treaty rights. SCRAPD recognizes these rights and does not impose marketplace policies that override or second-guess them.

Where a listing relies on a subsistence or treaty right, sellers are encouraged to note the relevant context so buyers understand what they are purchasing.