16 U.S.C. § 3126: Closure to subsistence uses

Summary

National parks and park monuments in Alaska are closed to taking wildlife except when subsistence uses are allowed. The Secretary must allow subsistence uses and sport fishing only as the law and state and federal rules permit. The Secretary can also close any public lands, including parts of conservation units, to taking fish or wildlife for public safety, for land management, or to protect a particular fish or wildlife population. For a normal temporary closure the Secretary must consult the State and give adequate notice and hold a public hearing. In an emergency the Secretary can close lands right away, must publish the reasons in the Federal Register, and the emergency closure can last no more than 60 days unless extended after notice and a public hearing.

Title 16, §3126

Conservation, Source: USLM XML via OLRC

(a)National parks and park monuments in Alaska; authorization of subsistence uses and sport fishing

All national parks and park monuments in Alaska shall be closed to the taking of wildlife except for subsistence uses to the extent specifically permitted by this Act. Subsistence uses and sport fishing shall be authorized in such areas by the Secretary and carried out in accordance with the requirements of this subchapter and other applicable laws of the United States and the State of Alaska.

(b)Closure for public safety, administration, or the continued viability of fish and wildlife population

Except as specifically provided otherwise by this section, nothing in this subchapter is intended to enlarge or diminish the authority of the Secretary to designate areas where, and establish periods when, no taking of fish and wildlife shall be permitted on the public lands for reasons of public safety, administration, or to assure the continued viability of a particular fish or wildlife population. Notwithstanding any other provision of this Act or other law, the Secretary, after consultation with the State and adequate notice and public hearing, may temporarily close any public lands (including those within any conservation system unit), or any portion thereof, to subsistence uses of a particular fish or wildlife population only if necessary for reasons of public safety, administration, or to assure the continued viability of such population. If the Secretary determines that an emergency situation exists and that extraordinary measures must be taken for public safety or to assure the continued viability of a particular fish or wildlife population, the Secretary may immediately close the public lands, or any portion thereof, to the subsistence uses of such population and shall publish the reasons justifying the closure in the Federal Register. Such emergency closure shall be effective when made, shall not extend for a period exceeding sixty days, and may not subsequently be extended unless the Secretary affirmatively establishes, after notice and public hearing, that such closure should be extended.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This 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.

§3126 Closure to Subsistence Uses