(a) Any rural resident whose primary, permanent home is outside the boundaries of a resident zone of a national park or monument may apply to the appropriate Superintendent pursuant to the procedures set forth in § 13.495 for a subsistence permit authorizing the permit applicant to engage in subsistence uses within the national park or monument. The Superintendent shall grant the permit if the permit applicant demonstrates that,

Terms Used In 36 CFR 13.440

  • Family: means all persons related by blood, marriage, or adoption, or any person living within the household on a permanent basis; and

    (2) "Barter" means the exchange of handicrafts or fish or wildlife or their parts taken for subsistence uses—

    (i) For other fish or game or their parts; or

    (ii) For other food or for nonedible items other than money if the exchange is of a limited and noncommercial nature; and

    (3) "Customary trade" means the exchange of handicrafts or furs for cash to support personal or family needs; and does not include trade which constitutes a significant commercial enterprise. See 36 CFR 13.420

  • local rural resident: shall mean either of the following:

    (1) Any person who has his/her primary, permanent home within the resident zone as defined by this section, and whenever absent from this primary, permanent home, has the intention of returning to it. See 36 CFR 13.420

  • resident zone: shall mean the area within, and the communities and areas near, a national park or monument in which persons who have customarily and traditionally engaged in subsistence uses within the national park or monument permanently reside. See 36 CFR 13.420

(1) Without using aircraft as a means of access for purposes of taking fish and wildlife for subsistence uses, the applicant has (or is a member of a family which has) customarily and traditionally engaged in subsistence uses within a national park or monument; or

(2) The applicant is a local rural resident within a resident zone for another national park or monument, or meets the requirements of paragraph (a)(1) of this section for another national park or monument, and there exists a pattern of subsistence uses (without use of an aircraft as a means of access for purposes of taking fish and wildlife for subsistence uses) between the national park or monument previously utilized by the permit applicant and the national park or monument for which the permit applicant seeks a subsistence permit.

(b) For purposes of this section, the term “family” shall mean all persons living within a rural resident’s household on a permanent basis.

[71 FR 69333, Nov. 30, 2006, as amended at 73 FR 3185, Jan. 17, 2008]