16 U.S.C. § 3114 — Preference for subsistence uses

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 (3) to (5) was repealed by Pub.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