republic-os/legal/us/code/title-16/chapter-51/section-3114.md

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LegalText	16 U.S.C. § 3114	Preference for subsistence uses	us	united_states_code	code_section	16	CONSERVATION	51	ALASKA NATIONAL INTEREST LANDS CONSERVATION	3114	16 U.S.C. § 3114	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip	/us/usc/t16/s3114	data/legal/raw/us/code/title-16/usc16.xml	76a1f8cbb67ab186ad4e52edd96dcf9b6fcf4d3a3e2212ae61acb2c4185b2bd5	7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503	812c7956716f319ad08e0b251c592b688f632fbeec8a76e56e5b8be4eff5b64b	2026-07-04	official	legal us-code

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

Text

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.)

Notes

Editorial Notes

References in TextThis Act, referred to in text, 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.

Amendments1997—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.

Statutory Notes and Related Subsidiaries

Effective and Termination Dates of 1997 AmendmentUntil 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.