16 U.S.C. § 3202 — Taking of fish and wildlife

Page 2268 TITLE 16—CONSERVATION § 3201 1 So in original. Probably should be ‘‘highway,’’. of the Bureau of Indian Affairs in Alaska in grade GS–15. (c) Cooperation notice: hearings In conducting the studies required by this sec- tion, the Secretary shall cooperate with the State and shall consult with each Village Cor- poration within whose area of operation lands described in this section are located and to the maximum extent practicable with the owner of any lands adjoining the lands described in sub- section (a) concerning the desirability of estab- lishing a Denali Scenic Highway. The Secretary, through the National Park Service, shall also give such public notice of the study as he deems appropriate, including at least publication in a newspaper or newspapers having general circula- tion in the area or areas of the lands described in subsection (a), and shall hold a public hearing or hearings at one or more locations convenient to the areas affected. (d) Report Within three years after December 2, 1980, the Secretary shall report to the President the re- sults of the studies carried out pursuant to this section together with his recommendation as to whether the scenic highway studied should be established and, if his recommendation is to es- tablish the scenic highway, the lands described in subsection (a) which should be included there- in. Such report shall include the views and rec- ommendations of all members of the study team. The President shall advise the President of the Senate and the Speaker of the House of Representatives of his recommendations and those of the Governor of Alaska with respect to creation of the scenic highways,1 together with maps thereof, a definition of boundaries thereof, an estimate of costs, recommendations on ad- ministration, and proposed legislation to create such a scenic highway, if creation of one is rec- ommended. (e) Period of withdrawal The lands withdrawn under subsection (a) of this section shall remain withdrawn until such time as the Congress acts on the President’s rec- ommendation, but not to exceed two years after the recommendation is transmitted to the Con- gress. (Pub. L. 96–487, title XIII, § 1311, Dec. 2, 1980, 94 Stat. 2481.) Editorial Notes REFERENCES IN TEXT GS–15, referred to in subsec. (b), is contained in the General Schedule, which is set out under section 5332 of Title 5, Government Organization and Employees. § 3201. Administration of national preserves A National Preserve in Alaska shall be admin- istered and managed as a unit of the National Park System in the same manner as a national park except as otherwise provided in this Act and except that the taking of fish and wildlife for sport purposes and subsistence uses, and trapping shall be allowed in a national preserve under applicable State and Federal law and reg- ulation. Consistent with the provisions of sec- tion 3126 of this title, within national preserves the Secretary may designate zones where and periods when no hunting, fishing, trapping, or entry may be permitted for reasons of public safety, administration, floral and faunal protec- tion, or public use and enjoyment. Except in emergencies, any regulations prescribing such restrictions relating to hunting, fishing, or trap- ping shall be put into effect only after consulta- tion with the appropriate State agency having responsibility over hunting, fishing, and trap- ping activities. (Pub. L. 96–487, title XIII, § 1313, Dec. 2, 1980, 94 Stat. 2483.) 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. § 3202. Taking of fish and wildlife (a) Responsibility and authority of State of Alas- ka Nothing in this Act is intended to enlarge or diminish the responsibility and authority of the State of Alaska for management of fish and wildlife on the public lands except as may be provided in subchapter II of this chapter, or to amend the Alaska constitution. (b) Responsibility and authority of Secretary Except as specifically provided otherwise by this Act, nothing in this Act is intended to en- large or diminish the responsibility and author- ity of the Secretary over the management of the public lands. (c) Areas controlled; areas closed, exceptions The taking of fish and wildlife in all conserva- tion system units, and in national conservation areas, national recreation areas, and national forests, shall be carried out in accordance with the provisions of this Act and other applicable State and Federal law. Those areas designated as national parks or national park system monuments in the State shall be closed to the taking of fish and wildlife, except that— (1) notwithstanding any other provision of this Act, the Secretary shall administer those units of the National Park System, and those additions to existing units, established by this Act and which permit subsistence uses, to pro- vide an opportunity for the continuance of such uses by local rural residents; and (2) fishing shall be permitted by the Sec- retary in accordance with the provisions of this Act and other applicable State and Fed- eral law. (Pub. L. 96–487, title XIII, § 1314, Dec. 2, 1980, 94 Stat. 2484.) 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- Page 2269 TITLE 16—CONSERVATION § 3204 1 So in original. Probably should be ‘‘designated’’. 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. § 3203. Wilderness management (a) Application only to Alaska The provisions of this section are enacted in recognition of the unique conditions in Alaska. Nothing in this section shall be construed to ex- pand, diminish, or modify the provisions of the Wilderness Act [16 U.S.C. 1131 et seq.] or the ap- plication or interpretation of such provisions with respect to lands outside of Alaska. (b) Aquaculture In accordance with the goal of restoring and maintaining fish production in the State of Alaska to optimum sustained yield levels and in a manner which adequately assures protection, preservation, enhancement, and rehabilitation of the wilderness resource, the Secretary of Ag- riculture may permit fishery research, manage- ment, enhancement, and rehabilitation activi- ties within national forest wilderness and na- tional forest wilderness study areas designated by this Act. Subject to reasonable regulations, permanent improvements and facilities such as fishways, fish weirs, fish ladders, fish hatch- eries, spawning channels, stream clearance, egg planting, and other accepted means of maintain- ing, enhancing, and rehabilitating fish stocks may be permitted by the Secretary to achieve this objective. Any fish hatchery, fishpass or other aquaculture facility authorized for any such area shall be constructed, managed, and operated in a manner that minimizes adverse impacts on the wilderness character of the area. Developments for any such activities shall in- volve those facilities essential to these oper- ations and shall be constructed in such rustic manner as to blend into the natural character of the area. Reasonable access solely for the pur- poses of this subsection, including temporary use of motorized equipment, shall be permitted in furtherance of research, management, reha- bilitation and enhancement activities subject to reasonable regulations as the Secretary deems desirable to maintain the wilderness character, water quality, and fish and wildlife values of the area. (c) Existing cabins Previously existing public use cabins within wilderness designated by this Act, may be per- mitted to continue and may be maintained or replaced subject to such restrictions as the Sec- retary deems necessary to preserve the wilder- ness character of the area. (d) New cabins Within wilderness areas designated by this Act, the Secretary or the Secretary of Agri- culture as appropriate, is authorized to con- struct and maintain a limited number of new public use cabins and shelters if such cabins and shelters are necessary for the protection of the public health and safety. All such cabins or shel- ters shall be constructed of materials which blend and are compatible with the immediate and surrounding wilderness landscape. The Sec- retary or the Secretary of Agriculture, as appro- priate, shall notify the House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources of his intention to remove an existing or construct a new public use cabin or shelter. (e) Timber contracts The Secretary of Agriculture is hereby di- rected to modify any existing national forest timber sale contracts applying to lands des- ignated by this Act as wilderness by sub- stituting, to the extent practicable, timber on the other national forest lands approximately equal in volume, species, grade, and accessi- bility for timber or relevant lands within such units. (f) Beach log salvage Within National Forest wilderness and na- tional forest monuments desginated 1 by this Act, the Secretary of Agriculture may permit or otherwise regulate the recovery and salvage of logs from coastlines. (Pub. L. 96–487, title XIII, § 1315, Dec. 2, 1980, 94 Stat. 2484; Pub. L. 103–437, § 6(d)(31), Nov. 2, 1994, 108 Stat. 4584.) Editorial Notes REFERENCES IN TEXT The Wilderness Act, referred to in subsec. (a), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classified generally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables. This Act, referred to in subsecs. (b) to (f), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. For com- plete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. AMENDMENTS 1994—Subsec. (d). Pub. L. 103–437 substituted ‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’ after ‘‘Committee on’’. § 3204. Allowed uses (a) Establishment and use of new facilities On all public lands where the taking of fish and wildlife is permitted in accordance with the provisions of this Act or other applicable State and Federal law the Secretary shall permit, sub- ject to reasonable regulation to insure compat- ibility, the continuance of existing uses, and the future establishment, and use, of temporary campsites, tent platforms, shelters, and other temporary facilities and equipment directly and necessarily related to such activities. Such fa- cilities and equipment shall be constructed, used, and maintained in a manner consistent with the protection of the area in which they are located. All new facilities shall be con- structed of materials which blend with, and are compatible with, the immediately surrounding landscape. Upon termination of such activities and uses (but not upon regular or seasonal ces- sation), such structures or facilities shall, upon written request, be removed from the area by the permittee.