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If the federal subsistence priority is correctly understood as requiring that customary and traditional uses of a wildlife resource must always be afforded so long as there is a harvestable surplus, regardless of whether there is also sufficient abundance to accommodate sport and commercial demands, the charge is correct.
The "customary and traditional uses" standard of federal law set out in the Alaska National Interest Lands Conservation Act (ANILCA), by contrast, seems capable of providing the basic level of protection that is essential to continue the Alaska Native subsistence way of life.
Criticisms of ANILCA Critics charge that under the ANILCA regulatory system reflected in the Lime Village case, the subsistence priority "is in place all the time," not just when there is a resource shortage that requires restrictions on sport and trophy hunting in order to assure enough for subsistence users.
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