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FEDERAL, STATE SUBSISTENCE COMPARISON
State and Federal subsistence laws each grant a priority to subsistence uses of fish and game over other uses. However, elements of the laws differ significantly, creating the differences between state and federal subsistence management programs. This chart illustrates the major differences:
| Issue |
Federal |
State |
| Subsistence Users |
Rural Alaska Residents |
All Alaska Residents |
| Decision Makers |
Regional Advisory Councils and
Federal Subsistence Board |
Advisory Committees
and State Boards of Fish and Game |
| Jurisdiction |
Freshwater streams and lakes on federal lands in Alaska and limited marine waters * |
Marine waters; freshwater rivers and lakes on state and private lands in Alaska |
| Mandated to Serve |
Federally qualified subsistence users |
All resource users, including sport and commercial |
| How Subsistence Priority Works |
Other consumptive uses may be restricted or eliminated to restrict taking of
subsistence fish and wildlife |
Other uses are restricted before a reasonable opportunity for subsistence is restricted |
| Advisory Group Authority |
Advisory council recommendations must be accepted unless not supported by evidence, in violation conservation principles, or detrimental to subsistence |
No criteria required for rejection of advisory committee recommendations |
| What Subsistence Law Must Provide |
A meaningful preference for the taking for subsistence uses on federal public lands, with the least adverse impacts on rural residents dependent on subsistence uses |
A reasonable opportunity that allows a subsistence user to participate in a subsistence fishery that provides a normally diligent participant with a reasonable expectation of success |
| Jurisdiction of Subsistence Priority |
Within the exterior boundaries of federal public lands, federal reserved waters and some marine waters; does not include Glacier Bay, Denali, and Katmai national parks |
Extends to all state and private lands and waters that are outside of non-subsistence areas; the state's five non-subsistence areas are around Anchorage, Fairbanks, Juneau, Ketchikan and Valdez. |
* Marine waters under federal jurisdiction for subsistence include Cold Bay, Hooper Bay, Toksook Bay, Quinkok Bay, Morzhovoi Bay, Pavlof Bay, Woman's Bay, Chiniak Bay, Gibson's Cove, a section of Saint Paul harbor, the mouth of the Karluk River extending 3,000 feet from shoreline, areas around Seal Cape and Cape Kumliun, three-mile perimeters around Nunivak and Afognak
islands, a one-mile perimeter around Simeon Island, a block around Semidi Islands extending roughly between 55'55'' and 56'15'' latitude and 156'30'' and 157' longitude,
and a portion of Sitka Sound near Mahknati Island.
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