US Code

Public Law 119-73 (01/23/2026)

16 U.S.C. § 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 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, § 80494 Stat. 2423Pub. L. 105–83, title III, § 316(b)(5)111 Stat. 1593(, , ; , (d), , , 1595.)

Editorial Notes

References in Text

Pub. L. 96–48794 Stat. 2371section 3101 of this titleThis Act, referred to in text, is , , , 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 and Tables.

Amendments

Pub. L. 105–83, § 316(b)(5)section 3113(3) of this titlePub. L. 105–83, § 316(d)1997—, 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 ), 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 was repealed by . See Effective and Termination Dates of 1997 Amendment note below.

Statutory Notes and Related Subsidiaries

Effective and Termination Dates of 1997 Amendment

Pub. L. 105–83section 316(d) of Pub. L. 105–83section 3102 of this titleUntil laws are adopted in Alaska which provide for definition, preference, and participation specified in sections 3113 to 3115 of this title, amendment by was effective only for purpose of determining whether State’s laws provide for such definition, preference, and participation, and such amendment was repealed on , because such laws had not been adopted, see set out as a note under .