§ 3114. — Preference for subsistence uses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3114]
TITLE 16--CONSERVATION
CHAPTER 51--ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER II--SUBSISTENCE MANAGEMENT AND USE
Sec. 3114. Preference for subsistence uses
Except as otherwise provided in this Act and other Federal laws, the
taking on public lands of fish and wildlife for nonwasteful subsistence
uses shall be accorded priority over the taking on such lands of fish
and wildlife for other purposes. Whenever it is necessary to restrict
the taking of populations of fish and wildlife on such lands for
subsistence uses in order to protect the continued viability of such
populations, or to continue such uses, such priority shall be
implemented through appropriate limitations based on the application of
the following criteria:
(1) customary and direct dependence upon the populations as the
mainstay of livelihood;
(2) local residency; and
(3) the availability of alternative resources.
(Pub. L. 96-487, title VIII, Sec. 804, Dec. 2, 1980, 94 Stat. 2423; Pub.
L. 105-83, title III, Sec. 316(b)(5), (d), Nov. 14, 1997, 111 Stat.
1593, 1595.)
References in Text
This Act, referred to in text, 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--Pub. L. 105-83, Sec. 316(b)(5), which directed the designation
of existing provisions as subsec. (a) and the addition of subsec. (b)
reading as follows: ``The priority granted by this section is for a
reasonable opportunity to take fish and wildlife. For the purposes of
this subsection, the term `reasonable opportunity' means an opportunity,
consistent with customary and traditional uses (as defined in section
3113(3) of this title), to participate in a subsistence hunt or fishery
with a reasonable expectation of success, and does not mean a guarantee
that fish and wildlife will be taken.'' was repealed by Pub. L. 105-83,
Sec. 316(d). 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 sections 3115, 3116, 3117 of this
title.
