Page:United States Statutes at Large Volume 94 Part 2.djvu/1145

 PUBLIC LAW 96-487—DEC. 2, 1980

94 STAT. 2423

scientific principles and the purposes for each unit established, designated, or expanded by or pursuant to titles II through VII of ^"^e. P 2377. this Act, the purpose of this title is to provide the opportunity for rural residents engaged in a subsistence way of life to do so; (2) nonwasteful subsistence uses of fish and wildlife and other renewable resources shall be the priority consumptive uses of all such resources on the public lands of Alaska when it is necessary to restrict taking in order to assure the continued viability of a fish or wildlife population or the continuation of subsistence uses of such population, the taking of such population for nonwasteful subsistence uses shall be given preference on the public lands over other consumptive uses; and (3) except as otherwise provided by this Act or other Federal laws. Federal land managing agencies, in managing subsistence activities on the public lands and in protecting the continued viability of all wild renewable resources in Alaska, shall cooperate with adjacent landowners and land managers, including Native Corporations, appropriate State and Federal agencies, and other nations. DEFINITIONS

SEC. 803. As used in this Act, the term "subsistence uses" means 16 USC 3ii3. the customary and traditional uses by rural Alaska residents of wild, renewable resources for direct personal or family consumption as food, shelter, fuel, clothing, tools, or transportation; for the making and selling of handicraft articles out of nonedible byproducts of fish and wildlife resources taken for personal or family consumption; for barter, or sharing for personal or family consumption; and for customary trade. For the purposes of this section, the term— (1) "family" means all persons related by blood, marriage, or adoption, or any person living within the household on a permanent basis; and (2) "barter" means the exchange of fish or wildlife or their parts, taken for subsistence uses— (A) for other fish or game or their parts; or (B) for other food or for nonedible items other than money if the exchange is of a limited and noncommercial nature. PREFERENCE FOR SUBSISTENCE USES

SEC. 804. Except as otherwise provided in this Act and other 16 USC 3114. 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. When- Priority criteria. ever 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.

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