§ 3118. — Park and park monument subsistence resource commissions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3118]
TITLE 16--CONSERVATION
CHAPTER 51--ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER II--SUBSISTENCE MANAGEMENT AND USE
Sec. 3118. Park and park monument subsistence resource
commissions
(a) Appointment of members; development of subsistence hunting program;
annual review of program
Within one year from December 2, 1980, the Secretary and the
Governor shall each appoint three members to a subsistence resources
commission for each national park or park monument within which
subsistence uses are permitted by this Act. The regional advisory
council established pursuant to section 3115 of this title which has
jurisdiction within the area in which the park or park monument is
located shall appoint three members to the commission each of whom is a
member of either the regional advisory council or a local advisory
committee within the region and also engages in subsistence uses within
the park or park monument. Within eighteen months from December 2, 1980,
each commission shall devise and recommend to the Secretary and the
Governor a program for subsistence hunting within the park or park
monument. Such program shall be prepared using technical information and
other pertinent data assembled or produced by necessary field studies or
investigations conducted jointly or separately by the technical and
administrative personnel of the State and the Department of the
Interior, information submitted by, and after consultation with the
appropriate local advisory committees and regional advisory councils,
and any testimony received in a public hearing or hearings held by the
commission prior to preparation of the plan at a convenient location or
locations in the vicinity of the park or park monument. Each year
thereafter, the commission, after consultation with the appropriate
local committees and regional councils, considering all relevant data
and holding one or more additional hearings in the vicinity of the park
or park monument, shall make recommendations to the Secretary and the
Governor for any changes in the program or its implementation which the
commission deems necessary.
(b) Implementation of subsistence hunting program
The Secretary shall promptly implement the program and
recommendations submitted to him by each commission unless he finds in
writing that such program or recommendations violates recognized
principles of wildlife conservation, threatens the conservation of
healthy populations of wildlife in the park or park monument is contrary
to the purposes for which the park or park monument is established, or
would be detrimental to the satisfaction of subsistence needs of local
residents. Upon notification by the Governor, the Secretary shall take
no action on a submission of a commission for sixty days during which
period he shall consider any proposed changes in the program or
recommendations submitted by the commission which the Governor provides
him.
(c) Subsistence uses prior to implementation of subsistence hunting
program
Pending the implementation of a program under subsection (a) of this
section, the Secretary shall permit subsistence uses by local residents
in accordance with the provisions of this subchapter and other
applicable Federal and State law.
(Pub. L. 96-487, title VIII, Sec. 808, Dec. 2, 1980, 94 Stat. 2426.)
References in Text
This Act, referred to in subsec. (a), 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.
