16-U.S.C.-3114
§3114 – Preference For Subsistence Uses
Pathway
Title 16 > Chapter 51 > Subchapter II > Section 3114
Details
- Reference: Section 3114
- Legend: §3114 – Preference For Subsistence Uses
- USCode Year: 2013
Provision Content
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, §804, Dec. 2, 1980, 94 Stat. 2423; Pub. L. 105–83, title III, §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, §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 was repealed by Pub.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, §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of determining whether States laws provide for such definition, preference, and participation, and such amendment was repealed on Dec. 1, 1998, because such laws had not been adopted, see section 316(d) of Pub.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.
U.S. Encyclopedia of Law Coverage
16-U.S.C.-656 in the Legal Encyclopedia: Conservation
In this entry about 16-U.S.C.-656, find legal reference material, bibliographies and premiere content related to conservation in the American Encyclopedia of Law, presenting a comprehensive view of the United States conservation-specific issues, written by authorities in the field.
16-U.S.C.-784 in the Legal Encyclopedia: Land
In this entry about 16-U.S.C.-784, find legal reference material, bibliographies and premiere content related to land in the American Encyclopedia of Law, presenting a comprehensive view of the United States land-specific issues, written by authorities in the field.
16-U.S.C.-410HH-1 in the Legal Encyclopedia: Alaska
In this entry about 16-U.S.C.-410HH-1, find legal reference material, bibliographies and premiere content related to alaska in the American Encyclopedia of Law, presenting a comprehensive view of the United States alaska-specific issues, written by authorities in the field.
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