§ 3114. Preference for subsistence uses

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Alaska National Interest Lands Conservation Act

   Pub. L. 96–487 title VIII § 804 · 94 Stat. 2371

   Enacted · 16 U.S.C. § 3114

   Pub. L. 96–487, title VIII, § 804, Dec. 2, 1980, 94 Stat. 2423

   Source evidence

   Code source credit
   Pub. L. 96–487, title VIII, § 804, Dec. 2, 1980, 94 Stat. 2423

   Enacted provision · exact public law section
   Sec. 804. preference for subsistence uses Except as otherwise provided in this Act and other 16 USC 3114. Federal laws, the taking on public lands of fish and wildlife for non-wasteful subsistence uses shall be accorded priority over the taking on such lands of fish and wildlife for other purposes. Whenever Priority criteria. 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.

2. 1997

   Pub. L. 105–83 § 316(b)(5) · 111 Stat. 1543

   Repealed · 16 U.S.C. § 3114

   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 was repealed by Pub.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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (5) Preference for subsistence uses.— Section 804 (16 U.S.C. 3114) is amended— (A) by inserting “(a)” immediately before the first sentence; and (B) by inserting at the end the following new subsection: “(b) 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 803(3)), 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.”.

   Effective date note
   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, 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.

2 of 2 references resolved to an enrolled provision