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

FEDERAL · 16 U.S.C. · Chapter 51

Closure to subsistence uses

Current through Pub. L. 119-102

Title 16 — Conservation·Ch. 51 — ALASKA NATIONAL INTEREST LANDS CONSERVATION·Subch. II

(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 peri

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(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.

16 U.S.C. § 3126 (Closure to subsistence uses) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Alaska Wildlife Alliance American Wildlands v. Marvin Jensen, Superintendent, Glacier Bay National Park and Preserve Boyd Evison, Regional Director, National Park Service James Ridenour, Administrator, National Park Service Manuel Lujan, Secretary, U.S. Department of the Interior National Park Service, and Holland American Line-Westours, Inc. Allied Fishermen of Southeast Alaska, Defendants-Intervenors-Appellees. Alaska Wildlife Alliance American Wildlands v. Marvin Jensen, Superintendent, Glacier Bay National Park and Preserve Boyd Evison, Regional Director, National Park Service James Ridenour, Administrator, National Park Service Manuel Lujan, Secretary, U.S. Department of the Interior National Park Service, Holland American Line-Westours, Inc., Defendant-Intervenor, and Allied Fishermen of Southeast Alaska, Defendant-Intervenor-Appellant

108 F.3d 1065 (Ninth Circuit, 1997)

Source Credit

History

(Pub. L. 96–487, title VIII, §816, Dec. 2, 1980, 94 Stat. 2430.)

Editorial Notes

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.

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Source Credit

History

Editorial Notes