subsistence

What happened

Subsistence means taking fish and wildlife for food and other everyday needs, not for sport or sale. In Alaska, federal law gives that use a legal priority on public lands.

The rule comes from Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA), Pub. L. 96-487, signed December 2, 1980. In section 801, Congress declared that continuing subsistence uses by rural residents of Alaska, both Natives and non-Natives, on public lands, and by Alaska Natives on Native lands, is essential to Native physical, economic, traditional and cultural existence. It said the situation in Alaska is unique because in most cases no practical alternative means exist to replace these food supplies.

Congress also tied the law to the Alaska Native Claims Settlement Act of 1971, saying it was acting to fulfill ANCSA's policies and purposes and as a matter of equity, using its constitutional authority over Native affairs, the property clause and the commerce clause.

Section 804 sets the priority. Taking of fish and wildlife on public lands for nonwasteful subsistence uses comes before taking for other purposes. When harvests must be restricted to protect a population, the priority is applied using three criteria: customary and direct dependence on the population as the mainstay of livelihood, local residency, and the availability of alternative resources.

Good to know. The priority is for rural Alaska residents, Native and non-Native, and how it is applied has been contested in court.

Summarized with AI assistance from 3 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error