§ 3113. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3113]
TITLE 16--CONSERVATION
CHAPTER 51--ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER II--SUBSISTENCE MANAGEMENT AND USE
Sec. 3113. Definitions
As used in this Act, the term ``subsistence uses'' means the
customary and traditional uses by rural Alaska residents of wild,
renewable resources for direct personal or family consumption as food,
shelter, fuel, clothing, tools, or transportation; for the making and
selling of handicraft articles out of nonedible byproducts of fish and
wildlife resources taken for personal or family consumption; for barter,
or sharing for personal or family consumption; and for customary trade.
For the purposes of this section, the term--
(1) ``family'' means all persons related by blood, marriage, or
adoption, or any person living within the household on a permanent
basis; and
(2) ``barter'' means the exchange of fish or wildlife or their
parts, taken for subsistence uses--
(A) for other fish or game or their parts; or
(B) for other food or for nonedible items other than money
if the exchange is of a limited and noncommercial nature.
(Pub. L. 96-487, title VIII, Sec. 803, Dec. 2, 1980, 94 Stat. 2423; Pub.
L. 105-83, title III, Sec. 316(b)(4), (d), Nov. 14, 1997, 111 Stat.
1593, 1595.)
References in Text
This Act, referred to in provision preceding par. (1), is Pub. L.
96-487, Dec. 2, 1980, 94 Stat. 2371, as amended, known as the Alaska
National Interest Lands Conservation Act. For complete classification of
this Act to the Code, see Short Title note set out under section 3101 of
this title and Tables.
Amendments
1997--Pars. (3) to (5). Pub. L. 105-83, Sec. 316(b)(4), which
directed the addition of pars. (3) to (5) was repealed by Pub. L. 105-
83, Sec. 316(d). Pars. (3) to (5) read as follows:
``(3) `customary and traditional uses' means the noncommercial,
long-term, and consistent taking of, use of, or reliance upon fish and
wildlife in a specific area and the patterns and practices of taking or
use of that fish and wildlife that have been established over a
reasonable period of time, taking into consideration the availability of
the fish and wildlife;
``(4) `customary trade' means, except for money sales of furs and
furbearers, the limited noncommercial exchange for money of fish and
wildlife or their parts in minimal quantities; and
``(5) `rural Alaska resident' means a resident of a rural community
or area. A `rural community or area' means a community or area
substantially dependent on fish and wildlife for nutritional and other
subsistence uses.'' See Effective and Termination Dates of 1997
Amendment note below.
Effective and Termination Dates of 1997 Amendment
Until laws are adopted in Alaska which provide for definition,
preference, and participation specified in sections 3113 to 3115 of this
title, amendment by Pub. L. 105-83 was effective only for purpose of
determining whether State's laws provide for such definition,
preference, and participation, and such amendment was repealed on Dec.
1, 1998, because such laws had not been adopted, see section 316(d) of
Pub. L. 105-83 set out as a note under section 3102 of this title.
Section Referred to in Other Sections
This section is referred to in section 3115 of this title; title 43
sections 1629b, 1629d.
