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.
They set aside a short time period each year for their hunt (or perhaps several such periods), which they can easily plan in advance.
If their hunt is unsuccessful, they do not lose economic or cultural security.
The Lime Village case demonstrates that the ANILCA subsistence priority (at least for rural residents) has both the flexibility and the rigor to provide long-term protection for the essential components of the diverse subsistence lifeways present throughout Alaska.
The court in the Bobby decision held that the regulation of subsistence hunting must not be "inconsistent with customary and traditional uses of the game in question.It would not be unusual for one hunter in Lime Village to catch as many as five or more moose for village use during the course of a single year.As the federal court summarized (and somewhat over-simplified), "customary and traditional uses of moose and caribou have a communal aspect at Lime Village.An unsuccessful hunt at critical times represents a loss of economic security (at the very least) for the Lime Village hunter, necessitating that the hunter or some other party return to the field until successful.(In addition to their economic and cultural value, wild foods are superior in nutritional value to commercial processed foods.) The subsistence economy of Lime Village needs maximum flexibility.Like most all other products that must be imported, the people pay some three times what an urban resident spends for fuel.