16 U.S.C. § 3125 | Limitations and savings clauses

Nothing in this subchapter shall be construed as—

(1)

granting any property right in any fish or wildlife or other resource of the public lands or as permitting the level of subsistence uses of fish and wildlife within a conservation system unit to be inconsistent with the conservation of healthy populations, and within a national park or monument to be inconsistent with the conservation of natural and healthy populations, of fish and wildlife. No privilege which may be granted by the State to any individual with respect to subsistence uses may be assigned to any other individual;

(2)

January 1, 1978 permitting any subsistence use of fish and wildlife on any portion of the public lands (whether or not within any conservation system unit) which was permanently closed to such uses on , or enlarging or diminishing the Secretary’s authority to manipulate habitat on any portion of the public lands;

(3)

section 3126 of this title authorizing a restriction on the taking of fish and wildlife for nonsubsistence uses on the public lands (other than national parks and park monuments) unless necessary for the conservation of healthy populations of fish and wildlife, for the reasons set forth in , to continue subsistence uses of such populations, or pursuant to other applicable law; or

(4)

80 Stat. 927 16 U.S.C. 668dd 80 Stat. 1091 16 U.S.C. 1187 16 U.S.C. 1151 87 Stat. 884 16 U.S.C. 1531–154 86 Stat. 1027 16 U.S.C. 1361–140June 8, 194054 Stat. 250 16 U.S.C. 742a–754 16 U.S.C. 668 40 Stat. 755 16 U.S.C. 703–711 50 Stat. 917 16 U.S.C. 669–669i 90 Stat. 331 16 U.S.C. 1801–188 64 Stat. 430 16 U.S.C. 777–777k modifying or repealing the provisions of any Federal law governing the conservation or protection of fish and wildlife, including the National Wildlife Refuge System Administration Act of 1966 (; –jj), section 100101(b)(1), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, the Fur Seal Act of 1966 (; ) [ et seq.], the Endangered Species Act of 1973 (; 3), the Marine Mammal Protection Act of 1972 (; 7), the Act entitled “An Act for the Protection of the Bald Eagle”, approved (; ) [ et seq.], the Migratory Bird Treaty Act (; ), the Federal Aid in Wildlife Restoration Act (; ), the Magnuson-Stevens Fishery Conservation and Management Act (; 2), the Federal Aid in Fish Restoration Act (; ), or any amendments to any one or more of such Acts or such title.

Pub. L. 96–487, title VIII, § 815Dec. 2, 198094 Stat. 2429 Pub. L. 96–561, title II, § 238(b)Dec. 22, 198094 Stat. 3300 Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)]Sept. 30, 1996110 Stat. 3009 Pub. L. 105–83, title III, § 316(b)(9)Nov. 14, 1997111 Stat. 1594 Pub. L. 113–287, § 5(d)(33)Dec. 19, 2014128 Stat. 3267(, , ; , , ; , , , 3009–41; , (d), , , 1595; , , .)

Editorial Notes

References in Text

Pub. L. 89–669Oct. 15, 196680 Stat. 927 section 668dd of this titleThe National Wildlife Refuge System Administration Act of 1966, referred to in par. (4), consists of sections 4 and 5 of , , , and is classified to sections 668dd and 668ee of this title. For further details, see Short Title note set out under .

Pub. L. 89–702 80 Stat. 1091 section 1151 of this titleThe Fur Seal Act of 1966, referred to in par. (4), is , Nov. 2 1966, , which is classified principally to chapter 24 (§ 1151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 93–205Dec. 28, 197387 Stat. 884 section 1531 of this titleThe Endangered Species Act of 1973, referred to in par. (4), is , , , which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 92–522Oct. 21, 197286 Stat. 1027 section 1361 of this titleThe Marine Mammal Protection Act of 1972, referred to in par. (4), is , , , which is classified generally to chapter 31 (§ 1361 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

June 8, 1940act June 8, 1940, ch. 278 54 Stat. 250The Act entitled “An Act for the Protection of the Bald Eagle”, approved , referred to in par. (4), is , , which is classified generally to subchapter II (§ 668 et seq.) of chapter 5A of this title. For complete classification of this Act to the Code, see Tables.

act July 3, 1918, ch. 128 40 Stat. 755 section 710 of this titleThe Migratory Bird Treaty Act, referred to in par. (4), is , , which is classified generally to subchapter II (§ 703 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see and Tables.

act Sept. 2, 1937, ch. 899 50 Stat. 917 section 669 of this titleThe Federal Aid in Wildlife Restoration Act, referred to in par. (4), is , , also known as the Pittman-Robertson Wildlife Restoration Act, which is classified generally to chapter 5B (§ 669 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 94–265Apr. 13, 197690 Stat. 331 section 1801 of this titleThe Magnuson-Stevens Fishery Conservation and Management Act, referred to in par. (4), is , , , which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act Aug. 9, 1950, ch. 658 64 Stat. 430 section 777 of this titleThe Federal Aid in Fish Restoration Act, referred to in par. (4), is , , also known as the Dingell-Johnson Sport Fish Restoration Act and the Fish Restoration and Management Projects Act, which is classified generally to chapter 10B (§ 777 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 113–287 39 Stat. 535 16 U.S.C. 12014—Par. (4). substituted “section 100101(b)(1), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54” for “the National Park Service Organic Act (, , 2, 3, 4)” and inserted “or such title” after “such Acts”.

Pub. L. 105–83, § 316(b)(9)Pub. L. 105–83, § 316(d)1997—Par. (5). , which directed amendment of section by adding par. (5) reading as follows: “prohibiting the Secretary or the State from entering into co-management agreements with Alaska Native organizations or other local or regional entities when such organization or entity is managing fish and wildlife on public lands in Alaska for subsistence uses.”, was repealed by . See Effective and Termination Dates of 1997 Amendment note below.

Pub. L. 104–2081996—Par. (4). substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”.

Pub. L. 96–5611980—Par. (4). substituted “Magnuson Fishery Conservation and Management Act” for “Fishery Conservation and Management Act of 1976”.

Statutory Notes and Related Subsidiaries

Effective and Termination Dates of 1997 Amendment

Pub. L. 105–83Dec. 1, 1998section 316(d) of Pub. L. 105–83 section 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 .

Effective Date of 1996 Amendment

Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)]Sept. 30, 1996110 Stat. 3009Oct. 11, 1996, , , 3009–41, provided that the amendment made by that section is effective 15 days after .

Effective Date of 1980 Amendment

Pub. L. 96–561, title II, § 238(b)Dec. 22, 198094 Stat. 3300Dec. 22, 1980, , , provided that the amendment made by that section is effective 15 days after .