16 U.S.C. § 3114
Section 3114 · Preference for subsistence uses
Current version, with additions and removals from the December 2, 1980 version.
(1) customary and direct dependence upon the populations as the mainstay of livelihood;
(1) customary and direct dependence upon the populations as the mainstay of livelihood;
(2) local residency; and
(2) local residency; and
(3) the availability of alternative resources.
(3) the availability of alternative resources.
(b) The priority granted by this section is for a reasonable opportunity to take fish and wildlife. For the purposes of this subsection, the term “reasonable opportunity” means an opportunity, consistent with customary and traditional uses (as defined in section 3113(3) of this title), to participate in a subsistence hunt or fishery with a reasonable expectation of success, and does not mean a guarantee that fish and wildlife will be taken.