16 U.S.C. § 3113 — Definitions

Page 2235 TITLE 16—CONSERVATION § 3113 the public lands and by Alaska Natives on Na- tive lands is essential to Native physical, eco- nomic, traditional, and cultural existence and to non-Native physical, economic, traditional, and social existence; (2) the situation in Alaska is unique in that, in most cases, no practical alternative means are available to replace the food supplies and other items gathered from fish and wildlife which supply rural residents dependent on sub- sistence uses; (3) continuation of the opportunity for sub- sistence uses of resources on public and other lands in Alaska is threatened by the increas- ing population of Alaska, with resultant pres- sure on subsistence resources, by sudden de- cline in the populations of some wildlife spe- cies which are crucial subsistence resources, by increased accessibility of remote areas con- taining subsistence resources, and by taking of fish and wildlife in a manner inconsistent with recognized principles of fish and wildlife man- agement; (4) in order to fulfill the policies and pur- poses of the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.] and as a matter of equity, it is necessary for the Congress to in- voke its constitutional authority over Native affairs and its constitutional authority under the property clause and the commerce clause to protect and provide the opportunity for continued subsistence uses on the public lands by Native and non-Native rural residents; and (5) the national interest in the proper regu- lation, protection, and conservation of fish and wildlife on the public lands in Alaska and the continuation of the opportunity for a sub- sistence way of life by residents of rural Alas- ka require that an administrative structure be established for the purpose of enabling rural residents who have personal knowledge of local conditions and requirements to have a meaningful role in the management of fish and wildlife and of subsistence uses on the public lands in Alaska. (Pub. L. 96–487, title VIII, § 801, Dec. 2, 1980, 94 Stat. 2422; Pub. L. 105–83, title III, § 316(b)(3), (d), Nov. 14, 1997, 111 Stat. 1592, 1595.) Editorial Notes REFERENCES IN TEXT The Alaska Native Claims Settlement Act, referred to in par. (4), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. AMENDMENTS 1997—Pub. L. 105–83, § 316(b)(3), which directed the des- ignation of existing provisions as subsec. (a) and the addition of subsec. (b) relating to further congressional findings as to subsistence use of public lands by rural residents of Alaska, was repealed by Pub. L. 105–83, § 316(d). See Effective and Termination Dates of 1997 Amendment note below. Statutory Notes and Related Subsidiaries 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, pref- erence, and participation, and such amendment was re- pealed 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. § 3112. Congressional statement of policy It is hereby declared to be the policy of Con- gress that— (1) consistent with sound management prin- ciples, and the conservation of healthy popu- lations of fish and wildlife, the utilization of the public lands in Alaska is to cause the least adverse impact possible on rural residents who depend upon subsistence uses of the resources of such lands; consistent with management of fish and wildlife in accordance with recognized scientific principles and the purposes for each unit established, designated, or expanded by or pursuant to titles II through VII of this Act, the purpose of this subchapter is to provide the opportunity for rural residents engaged in a subsistence way of life to do so; (2) nonwasteful subsistence uses of fish and wildlife and other renewable resources shall be the priority consumptive uses of all such re- sources on the public lands of Alaska when it is necessary to restrict taking in order to as- sure the continued viability of a fish or wild- life population or the continuation of subsist- ence uses of such population, the taking of such population for nonwasteful subsistence uses shall be given preference on the public lands over other consumptive uses; and (3) except as otherwise provided by this Act or other Federal laws, Federal land managing agencies, in managing subsistence activities on the public lands and in protecting the con- tinued viability of all wild renewable re- sources in Alaska, shall cooperate with adja- cent landowners and land managers, including Native Corporations, appropriate State and Federal agencies, and other nations. (Pub. L. 96–487, title VIII, § 802, Dec. 2, 1980, 94 Stat. 2422.) Editorial Notes REFERENCES IN TEXT This Act, referred to in pars. (1) and (3), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. Titles II through VII of this Act enacted sections 410hh to 410hh–5, 460mm to 460mm–3, 539 to 539e, and 1285b of this title, amended sections 1274, 1276, 1279, and 1280 of this title, enacted provisions set out as notes under sections 668dd, 1132, 1274, and 3145 of this title, and enacted pro- visions listed in a table of National Monuments Estab- lished Under Presidential Proclamation set out under section 320301 of Title 54, National Park Service and Related Programs. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 3101 of this title and Tables. § 3113. Definitions As used in this Act, the term ‘‘subsistence uses’’ means the customary and traditional uses by rural Alaska residents of wild, renewable re- sources for direct personal or family consump- tion as food, shelter, fuel, clothing, tools, or Page 2236 TITLE 16—CONSERVATION § 3114 transportation; for the making and selling of handicraft articles out of nonedible byproducts of fish and wildlife resources taken for personal or family consumption; for barter, or sharing for personal or family consumption; and for cus- tomary trade. For the purposes of this section, the term— (1) ‘‘family’’ means all persons related by blood, marriage, or adoption, or any person living within the household on a permanent basis; and (2) ‘‘barter’’ means the exchange of fish or wildlife or their parts, taken for subsistence uses— (A) for other fish or game or their parts; or (B) for other food or for nonedible items other than money if the exchange is of a limited and noncommercial nature. (Pub. L. 96–487, title VIII, § 803, Dec. 2, 1980, 94 Stat. 2423; Pub. L. 105–83, title III, § 316(b)(4), (d), Nov. 14, 1997, 111 Stat. 1593, 1595.) Editorial Notes REFERENCES IN TEXT This Act, referred to in provision preceding par. (1), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, 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—Pars. (3) to (5). Pub. L. 105–83, § 316(b)(4), which directed the addition of pars. (3) to (5) was repealed by Pub. L. 105–83, § 316(d). Pars. (3) to (5) read as follows: ‘‘(3) ‘customary and traditional uses’ means the non- commercial, long-term, and consistent taking of, use of, or reliance upon fish and wildlife in a specific area and the patterns and practices of taking or use of that fish and wildlife that have been established over a rea- sonable period of time, taking into consideration the availability of the fish and wildlife; ‘‘(4) ‘customary trade’ means, except for money sales of furs and furbearers, the limited noncommercial ex- change for money of fish and wildlife or their parts in minimal quantities; and ‘‘(5) ‘rural Alaska resident’ means a resident of a rural community or area. A ‘rural community or area’ means a community or area substantially dependent on fish and wildlife for nutritional and other subsistence uses.’’ See Effective and Termination Dates of 1997 Amendment note below. Statutory Notes and Related Subsidiaries 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, pref- erence, and participation, and such amendment was re- pealed 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. § 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 pur- poses. Whenever it is necessary to restrict the taking of populations of fish and wildlife on such lands for subsistence uses in order to pro- tect 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 cri- teria: (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.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Inter- est Lands Conservation Act. For complete classifica- tion 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 des- ignation 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 sub- section, the term ‘reasonable opportunity’ means an opportunity, consistent with customary and traditional uses (as defined in section 3113(3) of this title), to par- ticipate in a subsistence hunt or fishery with a reason- able expectation of success, and does not mean a guar- antee that fish and wildlife will be taken.’’ was re- pealed by Pub. L. 105–83, § 316(d). See Effective and Ter- mination Dates of 1997 Amendment note below. Statutory Notes and Related Subsidiaries 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, pref- erence, and participation, and such amendment was re- pealed 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. § 3115. Local and regional participation (a) Establishment of subsistence resources re- gions, local advisory committees, and re- gional advisory councils; membership, du- ties, and authority of regional advisory coun- cils Except as otherwise provided in subsection (d) of this section, the Secretary in consultation with the State shall establish— (1) at least six Alaska subsistence resource regions which, taken together, include all pub- lic lands. The number and boundaries of the regions shall be sufficient to assure that re- gional differences in subsistence uses are ade- quately accommodated; (2) such local advisory committees within each region as he finds necessary at such time as he may determine, after notice and hearing, that the existing State fish and game advisory