50 CFR 100.16 - Customary and traditional use determination process.

§ 100.16 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 § 100.24.

Title 50 published on 2014-10-01

no entries appear in the Federal Register after this date.

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].

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

Title 50 published on 2014-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 50 CFR 100 after this date.

  • 2015-01-28; vol. 80 # 18 - Wednesday, January 28, 2015
    1. 80 FR 4521 - Subsistence Management Regulations for Public Lands in Alaska; Rural Determination Process
      GPO FDSys XML | Text
      DEPARTMENT OF AGRICULTURE, DEPARTMENT OF THE INTERIOR, Forest Service, Fish and Wildlife Service
      Proposed rule.
      Public comments: Comments and proposals to change this proposed rule must be received or postmarked by April 1, 2015. Public meetings: The Secretaries, through the Board, will hold public meetings in conjunction with the Federal Subsistence Regional Advisory Councils (Councils) to receive comments on this proposed rule on several dates between February 10 and March 19, 2015. In addition, the Councils will discuss and make their recommendations to the Board. The Board will discuss and evaluate proposed regulatory changes during a public meeting in Anchorage, AK, on or before April 2016 and make recommendations on the proposed rule to the Secretary of the Interior and the Secretary of Agriculture. See SUPPLEMENTARY INFORMATION for specific information on dates and locations of the public meetings and for requesting reasonable accommodations.
      36 CFR Part 242