TRANSPORTATION OF FISH

[Act of July 30, 1947, 61 Stat. 517, as amended July 16, 1952, 66 Stat. 736] An Act to Regulate the Interstate Transportation of Black Bass and Other Fish, and for Other Purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled:

That when used in this Act the word "person" includes company, partnership, corporation, association, and common carrier.

SEC. 2. It shall be unlawful for any person to deliver or knowingly receive for transportation, or knowingly to transport, by any means whatsoever, from any State, Territory, or the District of Columbia, to or through any other State, Territory, or the District of Columbia, or to or through any foreign country, any black bass or other fish, if (1) such transportation is contrary to the law of the State, Territory, or the District of Columbia from which such black bass or other fish is or is to be transported, or is contrary to other applicable law, or (2) such black bass or other fish has been either caught, killed, taken, sold, purchased, possessed, or transported, at any time, contrary to the law of the State, Territory, or the District of Columbia in which it was caught, killed, taken, sold, purchased or possessed, or from which it was transported or contrary to other applicable law; and no person shall knowingly purchase or receive any such black bass or other fish which has been transported in violation of the provisions of this Act; nor shall any person receiving any shipment of black bass or other fish transported in interstate commerce make any false record or render a false account of the contents of such shipment.

SEC. 3. Any package or container containing such fish transported or delivered for transportation in interstate commerce, except any shipment covered by section 9, shall be clearly and conspicuously marked on the outside thereof with the name "Fish", an accurate statement of the number of each species of such fish contained therein, and the names and addresses of the shipper and consignee.

SEC. 5. *** (1) to make such expenditures, including expenditures for personal services at the seat of government and elsewhere, and for cooperation with local, State, and Federal authorities, including the issuance of publications, and necessary investigations, as may be necessary to execute the functions imposed upon him by this Act and as may be provided for by Congress from time to time ***

SEC. 7. In addition to any forfeiture herein provided, any person who shall violate any of the provisions of this Act shall, upon conviction thereof, be punished by a fine of not exceeding $200, or imprisonment for a term of not more than three months, or by both such fine and imprisonment, in the discretion of the

court.

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Approved July 16, 1952.

ANNETTE ISLAND FISHERY RESERVE

Section 15 of the act of March 3, 1891, is as follows:

That until otherwise provided by law the body of lands known as Annette Islands, situated in Alexander Archipelago in Southeastern Alaska, on the north side of Dixons Entrance, be, and the same is hereby, set apart as a reservation for the use of the Metlakatla Indians, and those people known as Metlakatlans who have recently emigrated from British Columbia to Alaska, and such other Alaska natives as may join them, to be held and used by them in common, under such rules and regulations, and subject to such restrictions, as may be prescribed from time to time by the Secretary of the Interior.

On April 28, 1916, the President issued a proclamation creating the Annette Island Fishery Reserve. The proclamation provides that—

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The waters within three thousand feet from the shore lines at mean low tide of Annette Island, Ham Island, Walker Island, Lewis Island, Spire Island, Hemlock Island, and adjacent rocks and islets, also the bays of said islands, rocks, and islets, are hereby reserved for the benefit of the Metlakatlans and such other Alaskan natives as have joined them or may join them in residence on these islands, to be used by them under the general fisheries laws and regulaions of the United States as administered by the Secretary of the Interior.

ALEUTIAN ISLANDS RESERVATION

By Executive order of March 3, 1913, the Aleutian Islands Reservation, consisting of "all islands of the Aleutian chain, Alaska, including Unimak and Sanak Islands on the east, and extending to and including Attu Island on the west," was created and set apart for various purposes, including the encouragement and development of the fisheries. By Executive order of November 23, 1928, the Executive order creating the reservation was revoked insofar as it affects the following islands: Akun, Akutan, Sanak, Tigalda, Umnak, and Unalaska, including Sedanka.

This reservation is under the jurisdiction of the Department of the Interior.

KARLUK RESERVATION

On May 2, 1943, the Secretary of the Interior issued Public Land Order 128 modifying Executive order No. 8344 of February 10, 1940, withdrawing Kodiak and other islands, Alaska, for classification and in aid of legislation, to the extent necessary to permit the designation of an Indian reservation of the following described area, incluing the waters adjadent thereto extending 3,000 feet from the shore at mean low tide, and designated such land area and waters as an Indian reservation for the use and benefit of the native inhabitants of the native village of Karluk, Alaska, and vicinity, subject to any valid existing claim or right:

Beginning at the end of a point of land on the shore of Shelikof Strait on Kodiak Island, said point being about one and one-quarter miles east of Rocky Point and in approximate latitude 57°39′40′′ N., longitude 154°12′20′′ W.; thence south approximately eight miles to latitude 57°32′30′′ N.; thence west approximately twelve and one-half miles to the confluence of the north shore of Sturgeon River with the east shore of Shelikof Strait; thence northeasterly following the easterly shore of Shelikof Strait to the place of beginning, containing approximately 35,200 acres.

A majority of the Indian residents of the area approved the designation of the area as a reservation on May 23, 1944, in accordance with section 2 of the act of May 1, 1936 (49 Stat. 1250).

This reservation is under the jurisdiction of the Department of the Interior.

TYONEK RESERVE

By Executive order No. 2141 of February 27, 1915, the following described land was withdrawn from disposal and reserved for the use of the U. S. Bureau of Education, subject to any existing vested right:

Beginning at Granite Point, a headland projecting into Cook Inlet about five miles southwest from Tyonek, and approximately in latitude 61°01' North and longitude 151°21' West, which point is also marked by large rocks exposed at low tide; Running thence westward with the shore one-half mile to s point, thence north to the middle of the main current of the Chuit River, eight miles more or less; thence with the main channel of said stream to where it discharges into Cook Inlet; thence along the shore thereof southwesterly to the point of beginning; estimated to include 25,000 acres.

Administrative jurisdiction over the educational and medical services for the natives of Alaska was transferred from the Office of Education to the Office of Indian Affairs effective as of July 1, 1931, pursuant to authority contained in the act of March 4, 1931 (46 Stat. 1552, 1568).

This reserve is under the jurisdiction of the Department of the Interior.

NATIVE POSSESSORY RIGHTS

Valid, existing rights in areas of land or water based on possession and occupancy are protected under several acts of Congress including the Acts of May 17, 1884 (Section 8, 23 Stat. 24), March 3, 1891 (26 Stat. 1095, 1100), May 14, 1898 (Section 10, 30 Stat. 409, 413), June 6, 1900 (Section 27, 31 Stat. 321, 330), and May 25, 1926 (44 Stat. 629), and fishing as well as any other use of such areas requires the consent of the native occupant.

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REGULATIONS FOR THE PROTECTION OF THE COMMERCIAL FISHERIES OF ALASKA

Effective February 19, 1955

NOTE. All regulations specifying distances between gill nets which are staked, anchored, or otherwise fixed are being given further review and such changes, if any, as may be required by existing or pending legislation will be made as nearly as possible prior to April 25, 1955.

TITLE 50-WILDLIFE

Chapter I-Fish and Wildlife Service, United States Department of the Interior
Subchapter F-Alaska Commercial Fisheries

§ 101.1 Meaning of terms. Terms used in Subchapter F, unless required otherwise by the context, shall be as defined in §§ 101.2 to 101.18.

§ 101.2 Species of commercial fish. All those fishes in both fresh and salt water not declared to be game fishes in the Alaska Game Act and which are subjected to commercial fishing and which shall include but not be limited to the following species:

Albacore (Germo alalunga) also known as tuna.

Cod (Gadus macrocephalus) also known as codfish, truecod and grey cod.

Eulachon (Thaleicthys pacificus) also known as smelt and hooligan.

Halibut (Hippoglossus stenolepis).

Herring (Clupea pallasii).

Lingcod (Ophiodon elongatus).

Rockfish (all species of genus Sebastodes) also known as rockcod and sea bass. Sablefish (Anoplopoma fimbria) also known as black cod.

Salmon, chum (Oncorhynchus keta) also known as dog salmon.

Salmon, coho (Oncorhynchus kisutch) also known as silver salmon.

Salmon, king (Oncorhynchus tschawytscha) also known as chinook salmon.

Salmon, pink (Oncorhynchus gorbuscha) also known as humpback salmon. Salmon, red (Oncorhynchus nerka) also known as sockeye salmon.

Sheefish (Stenodus mackenzii) also known as inconnu.

Sole and flounders (all species of family Pleuronectidae).

§ 101.3 Species of commercial shellfish. All those marine species of mollusks and crustaceans which are subjected to commercial fishing and which shall include but not be limited to the following species:

Abalone (Species of the genus Haliotis).

Clam, butter (Saxidomus nuttall).

Clam, razor (Siliqua patula).

Crab, Dungeness (Cancer magister).

Crab, king (Paralithodes camtschatica).

Crab, tanner (Chionoecetes bairdii).

Shrimp (species of the genera Pandalus, Pandalopsis and Crangon).

§ 101.4 Bona fide permanent residents or inhabitants. Those persons who have continuously resided within a specified area or within fifty miles thereof for a period of at least one year immediately preceding the time in question.

§ 101.5 Commercial fishing. The taking or attempting to take of any species of fish or shellfish for the purpose of sale or barter or for ultimate use as an integral part of any economic enterprise. The taking of fish or shellfish for use as bait in commercial fishing operations shall be regarded as commercial fishing, as shall also be the taking of fish for use as feed for fur-bearing animals.

§ 101.6 Natives and native Indians. Members of the aboriginal races inhabiting Alaska when annexed to the U. S., and their descendants of the whole or half blood.

§ 101.7 Occupation of a trap site. The care, service, and use of a trap by the permit holder, whether the trap be installed by him or another person.

§ 101.8 Permit holder for trap site. A person who has obtained specific permission from the War Department to occupy a given trap site.

§ 101.9 Personal use fishing. The taking or attempting to take, of any species of fish or shellfish for purposes other than for sale or barter, including dog feed.

§ 101.9a Bag limit. Maximum take permitted per person per day for per

sonal use.

§ 101.10 Run. Any aggregation of a single species of fish having common limiting characteristics of space or time during the course of their spawning migration. § 101.11 Take. The total aggregate catch of a single species of fish captured within specific common limits of space or time.

§ 101.12 Wanton waste. The causing or allowing of captured commercial fish or shellfish to become unfit for human consumption or unavailable for use or any wilful action or neglect that directly contributes toward effecting such unusable condition.

§ 101.13 Local representative of the Fish and Wildlife Service. The nearest or most accessible officer of the Fish and Wildlife Service, or any person designated by the Regional Director to perform specific functions of the Service.

§ 101.14 Trap. Any fixed device operated for the purpose of or resulting in the impoundment of live fish.

§ 101.15 Regulations in latitude and longitude. All regulations expressed in coordinates of latitude and longitude are based on the North American Datum of 1927, as used by the Coast and Geodetic Survey in the preparation of navigational charts.

§ 101.16 Legal limit of fishing gear. The maximum aggregate of a single type of fishing gear permitted to be used by one individual or boat in any particular regulatory area or district.

§ 101.17 Commercial fisherman. For the purposes of these regulations the term "commercial fisherman" shall include any person who owns or operates any boat or fishing gear registered in accordance with Section 102.8.

§ 101.18 Gill-net mesh. In fixing the size of gill-net mesh, the term "stretched measure" shall be deemed to be the average of the longer distances between diagonally opposite knots in any series of ten meshes stretched when wet after use, under 5 pounds of tension.

§ 102.1 General application of regulations. Each regulation herein contained is of general application within the particular area to which it applies, and no exclusive or several right of fishery is granted therein.

§ 102.2 Regulations subject to change. The regulations for the protection of the commercial fisheries of Alaska shall be subject to such change or revision by the Secretary of the Interior as may appear advisable from time to time.

§ 102.3a Imposition of additional restrictions and extensions of open seasons. There is hereby delegated to the Director of the Fish and Wildlife Service authority to shorten, lengthen, or reopen for limited periods any closed fishing period and to impose further restrictions on the means, methods, and areas of fishing and on the catch of fish otherwise permitted to be taken.

§ 102.4 Daily Reports. In waters where a rack or weir is maintained by the Fish and Wildlife Service for the purpose of counting salmon ascending to the spawning grounds, records of the catch of salmon shall be furnished daily by all operators to the local representative of the Fish and Wildlife Service.

§ 102.6 Inspection of fishery establishments. For purposes of inspection, representatives of the Department shall have at all times free and unobstructed access to all canneries, salteries, and other fishing establishments, and to all hatcheries.

102.7 Reports required of operators. Each buyer or processor of fish or shellfish shall, each season:

(a) furnish to the local representative of the Fish and Wildlife Service, prior to operating in each or any regulatory fishing district, a written statement of intention to operate and a description of the nature, extent, and location of the operation;

(b) fully and accurately report all individual receipts of fish and allied data as required by the Director of the Fish and Wildlife Service or his authorized representative;

(c) currently maintain available statistical records on receipts and production; and

(d) submit an accurate report of operations on statistical forms provided for that purpose at the close of the season. Reporting responsibility, where in question, rests with the final buyer or dealer who handles the fish within the Territory.

§ 102.8 Boat registration. Each year, prior to engaging in commercial fishing, all fishing gear and all fishing boats, whether powered or unpowered, shall be registered with the local representative of the Fish and Wildlife Service for the initial regulatory area of operation. Registry of boats shall include the furnishing of adequate information relating to size, type, crew, gear, and identity. Any subsequent change in regulatory area of operation by any fishing boat must be reported to a local representative of the Fish and Wildlife Service in advance of such change. Registration plates, when furnished, shall be displayed in a prominent place on the port side: Provided, That such registration shall not be required of any boat engaging solely in the halibut fishery.

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