§ 3126. — Closure to 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: 16USC3126]
TITLE 16--CONSERVATION
CHAPTER 51--ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER II--SUBSISTENCE MANAGEMENT AND USE
Sec. 3126. Closure to subsistence uses
(a) National parks and park monuments in Alaska; authorization of
subsistence uses and sport fishing
All national parks and park monuments in Alaska shall be closed to
the taking of wildlife except for subsistence uses to the extent
specifically permitted by this Act. Subsistence uses and sport fishing
shall be authorized in such areas by the Secretary and carried out in
accordance with the requirements of this subchapter and other applicable
laws of the United States and the State of Alaska.
(b) Closure for public safety, administration, or the continued
viability of fish and wildlife population
Except as specifically provided otherwise by this section, nothing
in this subchapter is intended to enlarge or diminish the authority of
the Secretary to designate areas where, and establish periods when, no
taking of fish and wildlife shall be permitted on the public lands for
reasons of public safety, administration, or to assure the continued
viability of a particular fish or wildlife population. Notwithstanding
any other provision of this Act or other law, the Secretary, after
consultation with the State and adequate notice and public hearing, may
temporarily close any public lands (including those within any
conservation system unit), or any portion thereof, to subsistence uses
of a particular fish or wildlife population only if necessary for
reasons of public safety, administration, or to assure the continued
viability of such population. If the Secretary determines that an
emergency situation exists and that extraordinary measures must be taken
for public safety or to assure the continued viability of a particular
fish or wildlife population, the Secretary may immediately close the
public lands, or any portion thereof, to the subsistence uses of such
population and shall publish the reasons justifying the closure in the
Federal Register. Such emergency closure shall be effective when made,
shall not extend for a period exceeding sixty days, and may not
subsequently be extended unless the Secretary affirmatively establishes,
after notice and public hearing, that such closure should be extended.
(Pub. L. 96-487, title VIII, Sec. 816, Dec. 2, 1980, 94 Stat. 2430.)
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.
Section Referred to in Other Sections
This section is referred to in sections 3125, 3201 of this title.
