16 U.S.C. § 3114 — Preference for subsistence uses
submitted 46 years ago by Pub. L. 96-487 to r/title-16-CONSERVATION · 115 words · no verdicts yet
On public lands, nonwasteful subsistence taking of fish and wildlife has priority over taking for other purposes, subject to this Act and other Federal laws. Restrictions must use three stated criteria.
Unless this Act or another Federal law provides otherwise, taking fish and wildlife on public lands for nonwasteful subsistence has priority over taking them for other purposes. If taking must be restricted to protect a population’s continued viability or to continue subsistence uses, the restrictions must be based on: (1) customary and direct dependence on the population as the main livelihood; (2) local residency; and (3) availability of alternative resources.
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:
customary and direct dependence upon the populations as the mainstay of livelihood;
local residency; and
the availability of alternative resources.
Source credit: (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.)
- 1980Enacted · Pub. L. 96-487 · 94 Stat. 2423
- 1997Amended · Pub. L. 105-83 · 111 Stat. 1593, 1595
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-487 on 1980-12-02.
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