U.S. Code » Title 16 » Chapter CHAPTER 51— ALASKA NATIONAL INTEREST LANDS CONSERVATION › Subchapter SUBCHAPTER VI— ADMINISTRATIVE PROVISIONS

16 U.S.C. § 3202

Taking of fish and wildlife

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 16 CasesGoogle Scholar
(a) Responsibility and authority of State of Alaska

Nothing in this Act is intended to enlarge or diminish the responsibility and authority of the State of Alaska for management of fish and wildlife on the public lands except as may be provided in subchapter II of this chapter, or to amend the Alaska constitution.

(b) Responsibility and authority of Secretary

Except as specifically provided otherwise by this Act, nothing in this Act is intended to enlarge or diminish the responsibility and authority of the Secretary over the management of the public lands.

(c) Areas controlled; areas closed, exceptionsThe taking of fish and wildlife in all conservation system units, and in national conservation areas, national recreation areas, and national forests, shall be carried out in accordance with the provisions of this Act and other applicable State and Federal law. Those areas designated as national parks or national park system monuments in the State shall be closed to the taking of fish and wildlife, except that—(1) notwithstanding any other provision of this Act, the Secretary shall administer those units of the National Park System, and those additions to existing units, established by this Act and which permit subsistence uses, to provide an opportunity for the continuance of such uses by local rural residents; and(2) fishing shall be permitted by the Secretary in accordance with the provisions of this Act and other applicable State and Federal law.(Pub. L. 96–487, title XIII, § 1314, Dec. 2, 1980, 94 Stat. 2484.)Editorial NotesReferences 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.

Notes of Decisions
Cited in 10 cases (5 in the last 5 years), 1993–2025 · leading case: Safari Club Int'l v. Debra Haaland, 31 F.4th 1157 (9th Cir. 2022).
Sort: Relevance Newest Treatment
Safari Club Int'l v. Debra Haaland, 31 F.4th 1157 (9th Cir. 2022). · cites it 5× “2383 (1980), codified at 16 U.S.C. § 3202 (a)–(c). And ANILCA operates such that the taking of wildlife on federal lands in Alaska is governed by state law unless it is further limited by federal SAFARI CLUB INT’L V.”
Totemoff v. State, 905 P.2d 954 (Alaska 1995). “” 16 U.S.C. § 3202 . Again, no provision in Title VIII clearly and manifestly prevents the State from enforcing its general hunting laws against subsistence hunters on federal land.”
John v. United States, 247 F.3d 1032 (9th Cir. 2001). · cites it 2× “Although protection of rural subsistence fishing was ANILCA’s ascendant objective, Congress was not unconcerned with state sovereignty.”
Totemoff v. State, 866 P.2d 125 (Alaska Ct. App. 1993). · cites it 2× “” 16 U.S.C. § 3202 (a). 5 This provision makes it clear that, unless prohibited by title VIII of ANIL-CA, the state was authorized to enforce its fish and game laws against Totemoff and Milette, even though their offenses occurred on federal public lands.”
Alaska Dep't of Fish & Game v. Fed. Subsistence Bd., 139 F.4th 773 (9th Cir. 2025). “See 16 U.S.C. § 3202 (a). And Alaska makes a fatal concession here: Alaska concedes that “Congress clearly intended the Secretaries’ implementation of Title VIII to preempt conflicting state law.”
State of Alaska v. Haaland (D. Alaska 2020). · cites it 5× “”173 Plaintiffs additionally contend that the Service 168 16 U.S.C. § 3202 (a). 169 16 U.S.C. § 3202 (b).”
State of Alaska, Dep't of Fish & Game v. Fed. Subsistence Bd. (D. Alaska 2023). · cites it 4× “”110 The State urges this Court to give no deference to the FSB’s interpretation of ANILCA, because “[w]here Congress is clear, the court does not give Chevron deference to the agency’s interpretation of a statute,” and it is the State’s view that ANILCA clearly provides no…”
State of Alaska, Dep't of Fish & Game v. Fed. Subsistence Bd. (D. Alaska 2020). “143 Docket 4-1 at 14; 16 U.S.C. § 3202 (a). 144 Docket 15 at 18 (citing Alaska v.”
Alaska Wildlife All. v. Haaland (D. Alaska 2022). “133 See 16 U.S.C. § 3202 (c)(1). Case No. 3:20-cv-00209-SLG, Alaska Wildlife Alliance, et al.”
United States of Am. v. State of Alaska (9th Cir. 2025). “3d at 1219 (citing 16 U.S.C. § 3202 (a)). B. In 1978, in anticipation of the enactment of ANILCA, the Alaska Legislature enacted a statutory subsistence priority.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.