Subsistence is an integral part of life in Alaska. The term subsistence uses refers to the customary and traditional uses by rural residents of wild renewable resources for direct personal or family consumption as food, shelter, fuel, clothing, tools, or transportation; for the making and selling of handicraft articles out of non-edible byproducts of fish and wildlife resources taken for family or personal consumption; for barter, or sharing for personal or family consumption; and for customary trade. ANILCA was signed into law by President Carter on December 2, 1980, and established conservation and allocation mandates for subsistence uses of fish and wildlife and other renewable resources by rural residents on federal public lands in Alaska. Subsistence, as used in this document, refers primarily to the federal program as set forth under Title VIII of ANILCA (Subsistence Management and Use). The State of Alaska similarly defines subsistence as the customary and traditional uses of wild resources for food, clothing, fuel, construction, art, sharing and trade. However, under the State constitution, all residents of Alaska are considered eligible subsistence users. This document does not encompass discussion of subsistence under the State’s definition.

The State of Alaska maintained responsibility for enacting and implementing Title VIII from 1980 to 1990. The Secretaries of Interior and Agriculture assumed management responsibilities for the mandates of Title VIII in 1990 after the Alaska Supreme Court ruled that it was in violation of the state’s constitution (specifically the rural preference provisions). The case became known as McDowell v. Alaska, 785 P.2d 1, 10 (Alaska 1989). As a result, responsibility for management of wildlife, and fisheries in nonnavigable waters, on federally managed land in Alaska including National Conservation Units and federal public lands, was assumed by the Secretaries. The 1995 Katie John v. United States (95 C.D.O.S. 9660) decision on extension of federal subsistence management to include jurisdiction over navigable waters within and adjacent to National Conservation Units was implemented in 2001. The provisions under Title VIII of ANILCA provide for a continuation of the opportunity for subsistence uses by rural resident of Alaska. Section 810 (Subsistence and Land Use Decisions) requires that the head of the federal agency that has primary jurisdiction over public lands must evaluate the effects on subsistence for any withdrawal, reservation, lease permitted use, occupancy, or disposition of those public lands. If any of the above-listed actions are determined to significantly restrict subsistence uses, ANILCA section 810 requires the agency to minimize adverse impacts upon subsistence uses and resources and comply with a number of procedural requirements to proceed with the proposed action.

ANILCA further provides that the taking on public lands of fish and wildlife for non-wasteful subsistence uses shall be accorded priority over taking on such lands for other purposes. When necessary to restrict taking to assure the continued viability of a fish or wildlife population or the continuation of subsistence uses of such populations, section 804 outlines criteria that implement a subsistence priority through limitations on uses evaluated through the following criteria: (1) customary and direct dependence upon the population as the mainstay of livelihood; (2) local residency; and (3) the availability of alternative resources. This is often defined as a customary and traditional use determination, which can be applied when a need to restrict take is determined. The Federal Subsistence Board has determined that there is customary and traditional use of specific resources in some areas and only those communities or areas with a positive determination can participate in harvesting those resources for subsistence uses. In many areas, a customary and traditional use determination for specific resources has not been made, and therefore, all rural residents are eligible to participate in subsistence activities.

Each federal land management agency has a responsibility for providing the opportunity for rural residents engaged in a subsistence way of life to do so. Utilization of public lands in Alaska is to cause the least adverse impact possible on rural residents who depend upon subsistence uses of the land’s resources (section 802). To carry out the responsibility for subsistence management, the Secretaries of the Interior and Agriculture established the Federal Subsistence Program, which is housed within Fish and Wildlife Service (Alaska Regional office). The Federal Subsistence Board, ten Regional Advisory Councils and interagency staff specialists comprise the program. The Federal Subsistence Board consists of the State or Regional Directors of the BLM, USFWS, NPS, Forest Service, Bureau of Indian Affairs, and a Chair from the user public representing the Secretary of Interior. The Federal Subsistence Board oversees the Federal Subsistence Management Program and sets bag limits, seasons, methods and means and other regulatory decisions after considering recommendations from the Regional Advisory Councils, biologists, anthropologists, and land managers. The Regional Advisory Council region that overlaps with the planning area is the Western Interior and is referred to as the Western Interior Regional Advisory Council.

Section 811 ensures reasonable access by rural residents to subsistence resources on federal public lands. The appropriate use of snowmobiles, motorboats, and other means of surface transportation “traditionally employed for such purposes by local residents, subject to reasonable regulations” is allowed on federal lands, including lands within the DHCMA, where non-subsistence use of motorized vehicles is prohibited.

ANILCA does not define the meaning of rural resident. Rural means any community or area of Alaska determined by the Federal Subsistence Board as meeting the criteria of rural. Federal subsistence regulations, which apply only on Federal public lands, define a resident as a person who has their primary, permanent residence for the previous 12 months within Alaska. Factors demonstrating residence include voter registration, tax documents, and driver’s license. A seasonal resident does not qualify. These definitions are codified in 50 CFR Part 100 and 36 CFR Part 242 and summarized in the annual Subsistence Management Regulations booklets. Federal lands, as defined by ANILCA, are “lands the title to which is in the United Sates after the date of enactment of this Act.” Public lands are any lands situated in Alaska that are consistent with the definition for federal lands, but do not include valid land selections of the State of Alaska or selections made under the ANCSA.

Within the borders of the planning area, the Fairbanks North Star Borough was determined to be a predominately nonrural area and residents do not qualify as subsistence users. Residents of all other areas and communities are designated as federally qualified subsistence users. Twenty-six recognized villages are within or immediately adjacent to the planning area and qualify as rural: Nuiqsut, Umiat, Anaktuvuk Pass, Wiseman, Coldfoot, Bettles, Evansville, Alatna, Allakaket, Hughes, Huslia, Kaltag, Nulato, Koyukuk, Galena, Ruby, Poorman, Tanana, Lake Minchumina, Manley Hot Springs, Rampart, Minto, Livengood, Nenana, Anderson, and Healy.

Part or all of the following Game Management Units (Units) are within the planning area: Units 26, 25, 24, 22, 21, 20, and 19. Most BLM-managed lands within the planning area are in Units 26B, 24, 21, and 20. Each Unit has multiple species and multiple populations with varying population dynamics. Additionally, varying degrees of commercial, sport, and subsistence use occurs within the planning area and inter- and intra-community competition for limited subsistence resources is often an issue. See the Wildlife, Fisheries and Vegetation sections of this report for descriptions of wildlife, fish, and vegetation in the planning area.