§ 3125. — Limitations and savings clauses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3125]
TITLE 16--CONSERVATION
CHAPTER 51--ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER II--SUBSISTENCE MANAGEMENT AND USE
Sec. 3125. Limitations and savings clauses
Nothing in this subchapter shall be construed as--
(1) granting any property right in any fish or wildlife or other
resource of the public lands or as permitting the level of
subsistence uses of fish and wildlife within a conservation system
unit to be inconsistent with the conservation of healthy
populations, and within a national park or monument to be
inconsistent with the conservation of natural and healthy
populations, of fish and wildlife. No privilege which may be granted
by the State to any individual with respect to subsistence uses may
be assigned to any other individual;
(2) permitting any subsistence use of fish and wildlife on any
portion of the public lands (whether or not within any conservation
system unit) which was permanently closed to such uses on January 1,
1978, or enlarging or diminishing the Secretary's authority to
manipulate habitat on any portion of the public lands;
(3) authorizing a restriction on the taking of fish and wildlife
for nonsubsistence uses on the public lands (other than national
parks and park monuments) unless necessary for the conservation of
healthy populations of fish and wildlife, for the reasons set forth
in section 3126 of this title, to continue subsistence uses of such
populations, or pursuant to other applicable law; or
(4) modifying or repealing the provisions of any Federal law
governing the conservation or protection of fish and wildlife,
including the National Wildlife Refuge System Administration Act of
1966 (80 Stat. 927; 16 U.S.C. 668dd-jj), the National Park Service
Organic Act (39 Stat. 535, 16 U.S.C. 1, 2, 3, 4), the Fur Seal Act
of 1966 (80 Stat. 1091; 16 U.S.C. 1187) [16 U.S.C. 1151 et seq.],
the Endangered Species Act of 1973 (87 Stat. 884; 16 U.S.C. 1531-
1543), the Marine Mammal Protection Act of 1972 (86 Stat. 1027; 16
U.S.C. 1361-1407), the Act entitled ``An Act for the Protection of
the Bald Eagle'', approved June 8, 1940 (54 Stat. 250; 16 U.S.C.
742a-754) [16 U.S.C. 668 et seq.], the Migratory Bird Treaty Act (40
Stat. 755; 16 U.S.C. 703-711), the Federal Aid in Wildlife
Restoration Act (50 Stat. 917; 16 U.S.C. 669-669i), the Magnuson-
Stevens Fishery Conservation and Management Act (90 Stat. 331; 16
U.S.C. 1801-1882), the Federal Aid in Fish Restoration Act (64 Stat.
430; 16 U.S.C. 777-777k), or any amendments to any one or more of
such Acts.
(Pub. L. 96-487, title VIII, Sec. 815, Dec. 2, 1980, 94 Stat. 2429; Pub.
L. 96-561, title II, Sec. 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L.
104-208, div. A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30,
1996, 110 Stat. 3009, 3009-41; Pub. L. 105-83, title III,
Sec. 316(b)(9), (d), Nov. 14, 1997, 111 Stat. 1594, 1595.)
References in Text
The National Wildlife Refuge System Administration Act of 1966,
referred to in par. (4), consists of sections 4 and 5 of Pub. L. 89-669,
Oct. 15, 1966, 80 Stat. 927, as amended, and is classified to sections
668dd and 668ee of this title. For further details, see Short Title note
set out under section 668dd of this title.
The National Park Service Organic Act, referred to in par. (4), is
act Aug. 25, 1916, ch. 408, 39 Stat. 535, as amended, which is
classified generally to sections 1, 2, 3, and 4 of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 1 of this title and Tables.
The Fur Seal Act of 1966, referred to in par. (4), is Pub. L. 89-
702, Nov. 2 1966, 80 Stat. 1091, as amended, which is classified
principally to chapter 24 (Sec. 1151 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 1151 of this title and Tables.
The Endangered Species Act of 1973, referred to in par. (4), is Pub.
L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which is classified
generally to chapter 35 (Sec. 1531 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1531 of this title and Tables.
The Marine Mammal Protection Act of 1972, referred to in par. (4),
is Pub. L. 92-522, Oct. 21, 1972, 86 Stat. 1027, as amended, which is
classified generally to chapter 31 (Sec. 1361 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1361 of this title and Tables.
The Act entitled ``An Act for the Protection of the Bald Eagle'',
approved June 8, 1940, referred to in par. (4), is act June 8, 1940, ch.
278, 54 Stat. 250, as amended, which is classified generally to
subchapter II (Sec. 668 et seq.) of chapter 5A of this title. For
complete classification of this Act to the Code, see Tables.
The Migratory Bird Treaty Act, referred to in par. (4), is act July
3, 1918, ch. 128, 40 Stat. 755, as amended, which is classified
generally to subchapter II (Sec. 703 et seq.) of chapter 7 of this
title. For complete classification of this Act to the Code, see section
710 of this title and Tables.
The Federal Aid in Wildlife Restoration Act, referred to in par.
(4), is act Sept. 2, 1937, ch. 899, 50 Stat. 917, as amended, also known
as the Pittman-Robertson Wildlife Restoration Act, which is classified
generally to chapter 5B (Sec. 669 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 669 of this title and Tables.
The Magnuson-Stevens Fishery Conservation and Management Act,
referred to in par. (4), is Pub. L. 94-265, Apr. 13, 1976, 90 Stat. 331,
as amended, which is classified principally to chapter 38 (Sec. 1801 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 1801 of this title and
Tables.
The Federal Aid in Fish Restoration Act, referred to in par. (4), is
act Aug. 9, 1950, ch. 658, 64 Stat. 430, as amended, also known as the
Dingell-Johnson Sport Fish Restoration Act and the Fish Restoration and
Management Projects Act, which is classified generally to chapter 10B
(Sec. 777 et seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 777 of this
title and Tables.
Amendments
1997--Par. (5). Pub. L. 105-83, Sec. 316(b)(9), which directed
amendment of section by adding par. (5) reading as follows:
``prohibiting the Secretary or the State from entering into co-
management agreements with Alaska Native organizations or other local or
regional entities when such organization or entity is managing fish and
wildlife on public lands in Alaska for subsistence uses.'', was repealed
by Pub. L. 105-83, Sec. 316(d). See Effective and Termination Dates of
1997 Amendment note below.
1996--Par. (4). Pub. L. 104-208 substituted ``Magnuson-Stevens
Fishery'' for ``Magnuson Fishery''.
1980--Par. (4). Pub. L. 96-561 substituted ``Magnuson Fishery
Conservation and Management Act'' for ``Fishery Conservation and
Management Act of 1976''.
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.
Effective Date of 1996 Amendment
Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L. 104-208
provided that the amendment made by that section is effective 15 days
after Oct. 11, 1996.
Effective Date of 1980 Amendment
Section 238(b) of Pub. L. 96-561 provided that the amendment made by
that section is effective 15 days after Dec. 22, 1980.