# § 3125. Limitations and savings clauses
Nothing in this subchapter shall be construed as—
**(1)** granting any property right in any fish or wildlife or other resource of the public lands or as permitting the level of subsistence uses of fish and wildlife within a conservation system unit to be inconsistent with the conservation of healthy populations, and within a national park or monument to be inconsistent with the conservation of natural and healthy populations, of fish and wildlife. No privilege which may be granted by the State to any individual with respect to subsistence uses may be assigned to any other individual;
**(2)** permitting any subsistence use of fish and wildlife on any portion of the public lands (whether or not within any conservation system unit) which was permanently closed to such uses on January 1, 1978, or enlarging or diminishing the Secretary’s authority to manipulate habitat on any portion of the public lands;
**(3)** authorizing a restriction on the taking of fish and wildlife for nonsubsistence uses on the public lands (other than national parks and park monuments) unless necessary for the conservation of healthy populations of fish and wildlife, for the reasons set forth in section 3126 of this title, to continue subsistence uses of such populations, or pursuant to other applicable law; or
**(4)** modifying or repealing the provisions of any Federal law governing the conservation or protection of fish and wildlife, including the National Wildlife Refuge System Administration Act of 1966 (80 Stat. 927; 16 U.S.C. 668dd–jj), section 100101(b)(1), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, the Fur Seal Act of 1966 (80 Stat. 1091; 16 U.S.C. 1187) [16 U.S.C. 1151 et seq.], the Endangered Species Act of 1973 (87 Stat. 884; 16 U.S.C. 1531–1543), the Marine Mammal Protection Act of 1972 (86 Stat. 1027; 16 U.S.C. 1361–1407), the Act entitled “An Act for the Protection of the Bald Eagle”, approved June 8, 1940 (54 Stat. 250; 16 U.S.C. 742a–754) [16 U.S.C. 668 et seq.], the Migratory Bird Treaty Act (40 Stat. 755; 16 U.S.C. 703–711), the Federal Aid in Wildlife Restoration Act (50 Stat. 917; 16 U.S.C. 669–669i), the Magnuson-Stevens Fishery Conservation and Management Act (90 Stat. 331; 16 U.S.C. 1801–1882), the Federal Aid in Fish Restoration Act (64 Stat. 430; 16 U.S.C. 777–777k), or any amendments to any one or more of such Acts or such title.
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**Source Credit**: (Pub. L. 96–487, title VIII, § 815, Dec. 2, 1980, 94 Stat. 2429; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41; Pub. L. 105–83, title III, § 316(b)(9), (d), Nov. 14, 1997, 111 Stat. 1594, 1595; Pub. L. 113–287, § 5(d)(33), Dec. 19, 2014, 128 Stat. 3267.)
## Editorial Notes
### References in Text
The National Wildlife Refuge System Administration Act of 1966, referred to in par. (4), consists of sections 4 and 5 of , , , and is classified to sections 668dd and 668ee of this title. For further details, see Short Title note set out under .
The Fur Seal Act of 1966, referred to in par. (4), is , Nov. 2 1966, , which is classified principally to chapter 24 (§ 1151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
The Endangered Species Act of 1973, referred to in par. (4), is , , , which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
The Marine Mammal Protection Act of 1972, referred to in par. (4), is , , , which is classified generally to chapter 31 (§ 1361 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
The Act entitled “An Act for the Protection of the Bald Eagle”, approved , referred to in par. (4), is , , which is classified generally to subchapter II (§ 668 et seq.) of chapter 5A of this title. For complete classification of this Act to the Code, see Tables.
The Migratory Bird Treaty Act, referred to in par. (4), is , , which is classified generally to subchapter II (§ 703 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see and Tables.
The Federal Aid in Wildlife Restoration Act, referred to in par. (4), is , , also known as the Pittman-Robertson Wildlife Restoration Act, which is classified generally to chapter 5B (§ 669 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
The Magnuson-Stevens Fishery Conservation and Management Act, referred to in par. (4), is , , , which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
The Federal Aid in Fish Restoration Act, referred to in par. (4), is , , also known as the Dingell-Johnson Sport Fish Restoration Act and the Fish Restoration and Management Projects Act, which is classified generally to chapter 10B (§ 777 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
### Amendments
2014—Par. (4). substituted “section 100101(b)(1), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54” for “the National Park Service Organic Act (, , 2, 3, 4)” and inserted “or such title” after “such Acts”.
1997—Par. (5). , which directed amendment of section by adding par. (5) reading as follows: “prohibiting the Secretary or the State from entering into co-management agreements with Alaska Native organizations or other local or regional entities when such organization or entity is managing fish and wildlife on public lands in Alaska for subsistence uses.”, was repealed by . See Effective and Termination Dates of 1997 Amendment note below.
1996—Par. (4). substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”.
1980—Par. (4). substituted “Magnuson Fishery Conservation and Management Act” for “Fishery Conservation and Management Act of 1976”.
## Statutory Notes and Related Subsidiaries
### Effective and Termination Dates of 1997 Amendment
Until laws are adopted in Alaska which provide for definition, preference, and participation specified in sections 3113 to 3115 of this title, amendment by was effective only for purpose of determining whether State’s laws provide for such definition, preference, and participation, and such amendment was repealed on , because such laws had not been adopted, see set out as a note under .
### Effective Date of 1996 Amendment
, , , 3009–41, provided that the amendment made by that section is effective 15 days after .
### Effective Date of 1980 Amendment
, , , provided that the amendment made by that section is effective 15 days after .