36 CFR 242.16 - Customary and traditional use determination process.

§ 242.16 Customary and traditional use determination process.

(a) The Board shall determine which fish stocks and wildlife populations have been customarily and traditionally used for subsistence. These determinations shall identify the specific community's or area's use of specific fish stocks and wildlife populations. For areas managed by the National Park Service, where subsistence uses are allowed, the determinations may be made on an individual basis.

(b) A community or area shall generally exhibit the following factors, which exemplify customary and traditional use. The Board shall make customary and traditional use determinations based on application of the following factors:

(1) A long-term consistent pattern of use, excluding interruptions beyond the control of the community or area;

(2) A pattern of use recurring in specific seasons for many years;

(3) A pattern of use consisting of methods and means of harvest which are characterized by efficiency and economy of effort and cost, conditioned by local characteristics;

(4) The consistent harvest and use of fish or wildlife as related to past methods and means of taking; near, or reasonably accessible from, the community or area;

(5) A means of handling, preparing, preserving, and storing fish or wildlife which has been traditionally used by past generations, including consideration of alteration of past practices due to recent technological advances, where appropriate;

(6) A pattern of use which includes the handing down of knowledge of fishing and hunting skills, values, and lore from generation to generation;

(7) A pattern of use in which the harvest is shared or distributed within a definable community of persons; and

(8) A pattern of use which relates to reliance upon a wide diversity of fish and wildlife resources of the area and which provides substantial cultural, economic, social, and nutritional elements to the community or area.

(c) The Board shall take into consideration the reports and recommendations of any appropriate Regional Council regarding customary and traditional uses of subsistence resources.

(d) Current determinations are listed in § 242.24.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 16 - CONSERVATION
U.S. Code: Title 43 - PUBLIC LANDS

Title 36 published on 19-Apr-2017 03:27

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 36 CFR Part 242 after this date.

  • 2017-05-17; vol. 82 # 94 - Wednesday, May 17, 2017
    1. 82 FR 22621 - Subsistence Management Regulations for Public Lands in Alaska—2018-19 and 2019-20 Subsistence Taking of Wildlife Regulations
      GPO FDSys XML | Text
      DEPARTMENT OF THE INTERIOR, DEPARTMENT OF AGRICULTURE, Fish and Wildlife Service, Forest Service
      Proposed rule.
      Public comments: Comments and proposals to change this proposed rule must be received or postmarked June 16, 2017. Public meetings: The Federal Subsistence Regional Advisory Councils held public meetings to receive comments and make proposals to change this proposed rule on several dates between February 8 and March 15, 2017, and then will hold another round of public meetings to discuss and receive comments on the proposals, and make recommendations on the proposals to the Federal Subsistence Board, on several dates between August 24 and November 9, 2017. The Board will discuss and evaluate proposed regulatory changes during a public meeting in Anchorage, AK, in April 2018. See SUPPLEMENTARY INFORMATION for specific information on dates and locations of the public meetings.
      36 CFR Part 242