(a) the Customs and Fisheries Protection Act, chapter 59 of the Revised Statutes of Canada, 1952, is repealed, and

(b) section 9 of this Act is repealed and the following substituted therefor: 9. All courts, justices of the peace and magistrates in Canada have the same jurisdiction with respect to offences under this Act as they have under sections 680 to 692 of the Canada Shipping Act, chapter 29 of the Revised Statutes of Canada, 1952, with respect to offences under that Act, and the provisions of those sections apply to offences under this Act in the same manner and to the same extent as they apply to offences under the Canada Shipping Act.”

MASSACHUSETTS GENERAL LAWS RELATING TO MARINE FISHERIES

The following statutes relating to marine fisheries differentiate between the privileges accorded citizens of the Commonwealth and those accorded aliens, nonresidents, or vessels owned without the Commonwealth.

General Laws, chapter 130, section 38: Restricts the taking of lobsters or edible crabs to citizens of the United States only.

General Laws, chapter 130, section 55: Prohibits, with certain exceptions, the commercial taking of shellfish by aliens.

General Laws, chapter 130, section 99: Prohibits carrying out of the Commonwealth fish, except oysters, taken in the coastal waters, in any vessel owned without the Commonwealth.

Acts 1923, chapter 35: Prohibits, during certain months, the taking of fish by the use of beam or otter trawls by nonresidents of the Commonwealth in certain waters of Vineyard Sound.

Acts 1936, chapter 158: Prohibits noninhabitants of the Commonwealth from taking fish by the use of otter trawls in certain waters of Vineyard and Nantucket Sounds.

Acts 1960, chapter 428: Prohibits noninhabitants of the Commonwealth from taking fish by dragging or otter trawling in certain waters adjacent to Provincetown.

[Acts, 1960-Chap. 642]

AN ACT Increasing the fee for licenses to catch or take lobsters and edible crabs and providing for the issuance of helper's licenses

Be it enacted, etc., as follows:

Chapter 130 of the General Laws is hereby amended by striking out section 38, as appearing in section 1 of chapter 598 of the acts of 1941, and inserting in place thereof the following section: Section 38. The director, upon application of any person eligible for a license hereinafter referred to, and upon the payment of a fee of ten dollars, shall grant a license to catch or take both lobsters and edible crabs from the coastal waters of the commonwealth. Except as hereinafter provided, such licenses to catch or take both lobsters and edible crabs shall be granted only to individuals who are citizens of the commonwealth and who have resided therein for at least one year next preceding the date of such license, but no such license shall be issued to a minor under seventeen years of age except with the written consent of his parent, guardian or custodian and at the discretion of the director.

The director may grant such a license to catch or take both lobsters and edible crabs to any individual who is an alien residing in the commonwealth; provided that such alien resided in the commonwealth, and was actually engaged in lobster fishing in the coastal waters thereof, for five years next preceding December first, nineteen hundred and twenty.

A non-resident citizen of the United States temporarily residing or intending temporarily to reside in any coastal city or town may in any year, upon payment of the fee required by this section, obtain a license to take lobsters or edible crabs during June, July, August and September of such year, for consumption only by the licensee and his family who are so residing. Licenses hereunder, except those granted to non-resident citizens of the United States, shall expire on December thirty-first next succeeding the granting of the same unless sooner made void as provided in this chapter. Each applicant for a license under this section shall state the color scheme or other special markings of the buoys desired to be used by him, which, if approved by the director, shall be set forth in his license, and all buoys used by him shall be marked accordingly, and all buoys, pots, traps and lobster cans used by him shall be marked with the licensee's initials or name or the number assigned to him by the director, which shall be branded or cut into the surface thereof.

Any person licensed under the provisions of the preceding paragraph may, upon application to the director, obtain one or more helper's licenses, which shall authorize one person for each such license issued to assist such licensee in the taking of lobsters and crabs in the coastal waters of the commonwealth by means of traps or pots. Said licensee shall retain in his possession any such help's licenses obtained by him, but such helper's licenses shall be applicable to any person so assisting said licensee. The fee for each helper's license shall be ten dollars.

A licensee shall at all times, while acting in pursuance of his license or being assisted therein, exhibit his license and helper's licenses upon the demand of any officer qualified to serve criminal process, and upon failure so to do shall be punished by a fine of not more than twenty-five dollars.

The director shall state in his annual report the number of licenses of each kind granted under this section.

APPROVED, September 1960.

[Massachusetts General Laws: Chapter 130]

SECTION 55. PERMITS TO ALIENS TO TAKE SHELLFISH FOR COMMERCIAL PURposes. No permit for the taking os shellfish for commercial purposes, except in the city of New Bedford, shall be issued by the alderman or councilmen of any city or the selectmen of any town to an alien unless he has resided in such city or town for at least five years next preceding the date of his application therefor, or has been a resident of the county in which such city or town lies for at least five years next preceding the date of such application and has taken shellfish commercially therefrom for such period.

[Massachusetts General Laws: Chapter 130]

SECTION 99. CARRYING FISH OUT OF STATE, ETC., IN VESSEL OWNED WITHOUT

THE STATE.

Whoever, other than a common carrier, carries out of the commonwealth in any vessel or smack owned without the commonwealth any fish, except oysters, taken within the coastal waters, and whoever in any such vessel or smack takes any fish within the coastal waters for the purpose of carrying them out of the commonwealth shall be punished by a fine of fifty dollars, and all fish so taken or carried shall be forfeited to the commonwealth and disposed of by the director for the best interests of the commonwealth.

[Chapter 35, Acts of 1923]

AN ACT prohibiting during certain months of the year the use by certain persons of beam or otter trawls in taking fish from certain waters of the towns of Chilmark, Gay Head, and Gosnold

Be it enacted, etc., as follows:

It shall be unlawful during the months of July, August and September for any person who has not been a legal resident of this Commonwealth during the preceding year to use beam or otter trawls to drag for fish in that part of the waters of Vineyard Sound lying in the towns of Chilmark, Gay Head and Gosnold, and included between an imaginary line running from the extreme western point of Gay Head to the extreme western point of Nashawena Island and another imaginary line running from Cape Higgon to Tarpaulon Cove Light. Violation of this act shall be punished by a fine of not less than ten nor more than one hundred dollars.

Approved February 20, 1923.

[Chapter 158, Acts of 1936]

AN ACT penalizing the taking by certain persons of fish by the otter trawl method from a certain area in Vineyard and Nantucket Sounds

Be it enacted, etc., as follows:

Whoever, not being an inhabitant of the Commonwealth, takes, attempts to take or assists in taking fish by the otter trawl method from so much of the waters of Vineyard and Nantucket Sounds as lies between a line connecting Gay Head and Cuttyhunk lights and a line extending north thirteen degrees west (true bearing)

from Cape Pogue light to the mainland shall be punished by a fine of not less than twenty nor more than fifty dollars.

Approved March 23, 1936

[Acts, 1960-Chap. 428]

AN ACT Making it lawful for any inhabitant of the commonwealth to take fish by dragging or by otter trawling in certain waters adjacent to Provincetown

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith inhabitants of the commonwealth to take fish by dragging or trawling in certain territorial waters of the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted, etc., as follows:

SECTION 1. Any provision of general or special law to the contrary notwithstanding, it shall be lawful for any inhabitant of the commonwealth to take fish by dragging or by otter trawling in such waters adjacent to Provincetown as lie within the area bounded as follows:-Beginning at a point on an imaginary line drawn from Race Point Light to Gurnet Light, one and fifteen one-hundredths miles from Race Point Light, thence running one hundred thirty-two degrees true to the seventy degree ten minute west longitude meridian, thence running one hundred eighty degrees true to the marine boundary of the commonwealth, thence following the marine boundary of the commonwealth in a northerly direction to the imaginary line drawn from Race Point Light to Gurnet Light, thence running easterly along said imaginary line to the point of beginning.

SEC. 2. Section 1 of chapter 323 of the acts of 1931, as amended by section 1 of chapter 412 of the acts of 1936, is hereby further amended by striking out the last three sentences and inserting in place thereof the following three sentences: Whoever violates this act shall be punished by a fine of one thousand dollars or by imprisonment for not more than thirty days or both. Any boat or vessel together with all equipment used and any fish taken or held, in violation of this act may be seized in accordance with section nine of chapter one hundred and thirty of the General Laws and may be forfeited. The possession, control, tending or setting of a drag, otter trawl or similar contrivance within said waters, shall be deemed to be a violation of this act.

SEC. 3. Chapter four hundred and thirty-nine of the acts of nineteen hundred and forty-three is hereby repealed.

SEC. 4. This act shall take effect on May first, nineteen hundred and sixty. Approved May 25, 1960.

[Chapter 412, Acts of 1936]

AN ACT Further penalizing the taking of fish by dragging or otter trawling in certain waters in Cape Cod Bay

Be it enacted, etc., as follows:

SECTION 1. Chapter three hundred and twenty-three of the acts of nineteen hundred and thirty-one is hereby amended by striking out section one and inserting in place thereof the following:-SECTION 1.. No person shall take fish by dragging or by otter trawling between May first and October thirty-first, both dates inclusive, in any year, in the waters in Cape Cod bay lying southerly of a line drawn from Race Point light to Gurnet light. Whoever violates this act shall be punished by a fine of not less than fifty nor more than one hundred dollars or by imprisonment for not more than thirty days, or both. Any boat or vessel used, and any fish taken or held, in violation of this act may be seized in accordance with the provisions of section eleven of chapter one hundred and twenty-nine A of the General Laws, and the same shall be forfeited. The possession, control or tending of a drag or otter trawl which is in contact with said waters shall be prima facie evidence of a violation of this act.

SEC. 2. Section one of chapter three hundred and twenty-three of the acts of nineteen hundred and thirty-one, as amended by this act, shall apply only in the case of offences committed after the effective date of this act, and the provisions of said section one of said chapter as effective immediately prior to said date shall continue to apply in the case of offences committed prior thereto. SEC. 3. This act shall take effect upon its passage.

Approved June 24, 1936.

[Chapter 323, Acts of 1931]

AN ACT Regulating the taking of fish in certain waters in Cape Cod Bay

Be it enacted, etc., as follows:

SECTION 1. No person shall take fish by dragging or by otter trawling, between May first and October thirty-first, both dates inclusive, in any year, in the waters in Cape Cod Bay lying southerly of a line drawn from Race Point light to Gurnet Light. Violation of this act shall be punished by a fine of not less than twenty nor more than fifty dollars.

SEC. 2. Chapter forty-one of the acts of nineteen hundred and thirty is hereby repealed.

Approved May 16, 1931.

(The following information was received from the Library of Congress regarding the laws of the States of Washington and Oregon relating to the prohibition of foreigners to fish commercially in territorial waters of the States.)

OREGON (REVISED STATUTES)

508.420 (1) "No license for taking or catching salmon or other food or shellfish for commercial purposes, as required by the laws of this State, shall be issued to any person who is not a citizen of the United States."

508.420 (3) "However, a license to fish for commercial purposes in the waters of the Pacific Ocean under jurisdiction of the State of Oregon or to operate a seine or other net for the purpose of taking or catching fish for bait, as provided for by law, may be issued to any applicant possessing qualification of citizenship, irrespective of the requirement in this subsection of one year's residency."

508.425 “It is unlawful for any person to fish for or take for sale or profit any salmon, shad, sturgeon, striped bass, or other anadromous, food or shellfish in any of the rivers or waters over which the States of Oregon and Washington have concurrent rights and concurrent jurisdiction, unless such person is a citizen of the United States. However, boat puller's licenses may be issued to aliens who have resided less than 5 years in the United States and who have declared their intention to become citizens thereof."

509.425. Forbids one not a citizen of Oregon for 1 year next preceding the taking to take oysters, spat or shells from natural beds in Oregon waters.

509.435. "No person not a citizen of the United States and of the State of Oregon *** shall gather oysters in natural beds, for sale or transportation or for replanting, nor shall own any artificial oyster bed or any interest therein. No person shall purchase oysters for transportation or replanting except from persons so qualified."

WASHINGTON (REVISED CODE)

Section 75.28.020 denies a commercial fishing license to any person who is not a citizen of the United States, or who is not a bona fide resident of the United States. The requirement for a license includes fishing for shellfish.

Senator BARTLETT. Senator Kennedy, I desire to congratulate you upon the quality, tone, thrust, and conclusions of your statement and your ability to pronounce those Alaska names, which confronted you. I think the chairman of the committee has a question or two.

The CHAIRMAN. It seems to me that all of us, including the Senator from Massachusetts, should strongly urge, which we will, the passage of this particular bill to tighten up the penalties relating to our socalled territorial limits. But as you point out, this is not the answer, the whole answer.

You point out in your statement, on page 2, that there is a Continental Shelf convention, and it has been signed by nations involved in fisheries, including the Soviet Union. That goes hand in hand with

this bill, and we hope that the conditions that are in this convention be observed by the nations. We however, should go further and clarify this convention as to the extent of where our Continental Shelves are and how we are going to manage and conserve this great

resource.

Two years ago this committee was involved in the whole business of territorial limits, worldwide, at the convention in Geneva; we were ably represented.

The convention finally broke up because the nations could not agree. We have the historical limit of 3 miles. Other nations have 12. Some have 20, and today in the city of Washington, there are representatives of our dwindling Pacific coast tuna industry meeting with the State Department. Some South American countries have sought to extend their territorial limits to some point 150 to 200 miles out from shore.

So, this must be cleared up through the method that you suggest. I think that we will have to protect our offshore fishery, otherwise, if this continues, there won't be any fish remaining for anyone 20 or 30 years from now.

We proclaimed our rights to the Continental Shelf, at one time in the famous Truman doctrine. In my opinion it has been violated over and over again. Even our treaties with the Japanese ignore it. The distance claimed by the Japanese off their own shores is 3 miles, I understand, and I am sure that there would be the devil to pay if we went inside that limit to take oysters from their cultured pearl beds, or even if we took their important pearl oysters 4, 5, or 8 miles offshore.

We don't intend to do anything like that. That is why I think it is so important that we proceed in this matter before us.

Now, this convention in Geneva, broke up mainly because of the military aspects of what is territorial water. But, I think there a definite feeling was created at the end, even though it broke up with no agreement, that historical fishing rights of nations should be in a different category. This is what we are so vitally concerned with today at this hearing.

If we do not act, we are going to have complete chaos, in the territorial water and on the Continental Shelves. These huge alien trawling operations aren't doing conservation any good whatsoever. I am glad, having been with this problem, the Senator from Alaska and myself, for many many, years, to find that you Senator Kennedy are here, and that you have the same feeling about this, that something should be done. We have been too long, may I suggest, alone in this

matter.

We appreciate your testimony.

Senator BARTLETT. Thank you. The chairman talked about pearls. He said we didn't propose to go over toward Japan to secure any pearls off the Japanese coast. I don't know. However, I did hear awhile back that an effort was being made to finance such an expedition. I don't know what became of it. Senator Kennedy

The CHAIRMAN. Well, this points out the situation we are in. There are probable places, logically and technically, legally, where this could be done on the same basis that the Russians come into our territorial water.