LAWS FOR PROTECTION OF THE COMMERCIAL FISHERIES OF ALASKA AND RELATED INFORMATION

1

GENERAL AUTHORITY FOR REGULATION

[Act of June 18, 1926, 44 Stat. 752; 48 U. S. C. 221–224]

An Act to amend section 1 of the Act of Congress of June 6, 1924, entitled "An Act for the Protection of the Fisheries of Alaska, and for Other Purposes"

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the Act of Congress of June 6, 1924, entitled "An Act for the protection of the fisheries of Alaska, and for other purposes," is amended so that it will read as follows:

"SECTION 1. That for the purpose of protecting and conserving the fisheries of the United States in all waters of Alaska the Secretary of the Interior from time to time may set apart and reserve fishing areas in any of the waters of Alaska over which the United States has jurisdiction, and within such area may

establish closed seasons during which fishing may be limited or prohibited as he may prescribe. Under this authority to limit fishing in any area so set apart and reserved the Secretary may (a) fix the size and character of nets, boats, traps, or other gear and appliances to be used therein; (b) limit the catch of fish to be taken from any area; (c) make such regulations as to time, means, methods, and extent of fishing as he may deem advisable. From and after the creation of any such fishing area and during the time fishing is prohibited therein it shall be unlawful to fish therein or to operate therein any boat, seine, trap. or other gear or apparatus for the purpose of taking fish; and from and after the creation of any such fishing area in which limited fishing is permitted such fishing shall be carried on only during the time, in the manner, to the extent, and in conformity with such rules and regulations as the Secretary prescribes under the authority herein given: Provided, That every such regulation made by the Secretary of the Interior shall be of general application within the particular area to which it applies, and that no exclusive or several right of fishery shall be granted therein, nor shall any citizen of the United States be denied the right to take, prepare, cure, or preserve fish or shellfish in any area of the waters of Alaska where fishing is permitted by the Secretary of the Interior. The right herein given to establish fishing areas and to permit limited fishing therein shall not apply to any creek, stream, river, or other bodies of water in which fishing is prohibited by specific provisions of this Act, but the Secretary of the Interior through the creation of such areas and the establishment of closed seasons may further extend the restrictions and limitations imposed upon fishing by specific provisions of this or any other Act of Congress: Provided further, That the Secretary of the Interior is hereby authorized to permit the taking of fish or shellfish, for bait purposes only, at any or all seasons in any or all Alaskan Territorial waters. "It shall be unlawful to import or bring into the Territory of Alaska, for purposes other than personal use and not for sale or barter, salmon from waters outside the jurisdiction of the United States taken during any closed period provided for by this Act or regulations made thereunder."

Approved June 18, 1926.

OYSTER CULTURE

[Act of August 2, 1937, 50 Stat. 557; 48 U. S. C., Sup. IV, 223b]

An Act for the Protection of Oyster Culture in Alaska

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the Act of Congress approved June 6, 1924, entitled "An Act for the protection of the fisheries of Alaska, and for other purposes" (43 Stat. 464), as amended by the Act of Congress approved June 18, 1926 (44 Stat. 752), is further amended by striking the period after the words "Alaskan Territorial waters", where they occur at the end of the second proviso, and inserting a colon in lieu thereof and after the colon the following: "Provided further, That the Secretary of the Interior, in his discretion, and upon such terms and conditions as he may deem fair and reasonable, is hereby authorized to lease bottoms in Alaskan Territorial waters for bona fide oyster cultivation for commercial purposes." Approved August 2, 1937.

BRISTOL BAY RESIDENCE REQUIREMENTS

[Act of April 7, 1938, 52 Stat. 208; 48 U. S. C., Sup. IV, 222a]

An Act to Amend Public Law Numbered 282, Seventy-fifth Congress, Relative to the Fisheries of Alaska

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Public Law Numbered 282, Seventy-fifth Congress, entitled "An Act making further provision for the fisheries of Alaska," approved August 14, 1937 (50 Stat. 639), is amended to read as follows: That section 1 of the Act approved June 6, 1924, entitled 'An Act for the protection of the fisheries of Alaska, and for other purposes' (43 Stat. 464), as amended, is further amended by inserting in said section at the end of the first proviso thereof another proviso to read as follows: 'Provided further, That in the area embracing Bristol Bay and the arms and tributaries thereof, no person shall at any time fish for or take salmon with a stake net or set net, for commercial purposes, unless such person shall be a citizen of the United States and shall have theretofore continuously resided for the period of at least two years within said area; but

for the salmon fishing season of 1938, residence within said area continuously after June 1, 1937, shall be deemed sufficient compliance with the residence requirements of this proviso:" ".

Approved, April 7, 1938.

REGULATION OF SALMON ESCAPEMENT

[Act of June 6, 1924, 43 Stat. 465; 48 U. S. C. 225, 234, 226–228]

An Act for the Protection of the Fisheries of Alaska, and for Other Purposes

SEC. 2. In all creeks, streams, or rivers, or in any other bodies of water in Alaska, over which the United States has jurisdiction, in which salmon run, and in which now or hereafter there exist racks, gateways, or other means by which the number in a run may be counted or estimated with substantial accuracy, there shall be allowed an escapement of not less than 50 per centum of the total number thereof. In such waters the taking of more than 50 per centum of the run of such fish is hereby prohibited. It is hereby declared to be the intent and policy of Congress that in all waters of Alaska in which salmon run there shall be an escapement of not less than 50 per centum thereof, and if in any year it shall appear to the Secretary of the Interior that the run of fish in any waters has diminished, or is diminishing, there shall be required a correspondingly increased escapement of fish therefrom.

SEC. 5. Section 5 of said Act of Congress approved June 26, 1906, is amended to read as follows:

"SEC. 5. That it shall be unlawful to fish for, take, or kill any salmon of any species in any manner or by any means except by hand rod, spear, or gaff for personal use and not for sale or barter in any of the waters of Alaska over which the United States has jurisdiction from six o'clock postmeridian of Saturday of each week until six o'clock antemeridian of the Monday following, or during such further closed time as may be declared by authority now or hereafter conferred, but such authority shall not be exercised to prohibit the taking of fish for local food requirements or for use as dog feed. Whenever the Secretary of the Interior shall find that conditions in any fishing area make such action advisable, he may advance twelve hours both the opening and ending time of the minimum thirty-six hour closed period herein stipulated. Throughout the weekly closed season herein prescribed the gate, mouth, or tunnel of all stationary and floating traps shall be closed, and twenty-five feet of the webbing or net of the 'heart' of such traps on each side next to the 'pot' shall be lifted or lowered in such manner as to permit the free passage of salmon and other fishes."

SEC. 6. Any person, company, corporation, or association violating any provision of this Act or of said Act of Congress approved June 26, 1906, or of any regulation made under the authority of either, shall, upon conviction thereof, be punished by a fine not exceeding $5,000 or imprisonment for a term of not more than ninety days in the county jail, or by both such fine and imprisonment; and in case of the violation of section 3 of said Act approved June 26, 1906, as amended, there may be imposed a further fine not exceeding $250 for each day the obstruction therein declared unlawful is maintained. Every boat, seine, net, trap, and every other gear and appliance used or employed in violation of this Act or in violation of said Act approved June 26, 1906, and all fish taken therein or therewith, shall be forfeited to the United States, and shall be seized and sold under the direction of the court in which the forfeiture is declared, at public auction, and the proceeds thereof, after deducting the expenses of the sale, shall be disposed of as other fines and forfeitures under the laws relating to Alaska. Proceedings for such forfeitures shall be in rem under the rules of admiralty.

That for the purposes of this Act all employees of the Fish and Wildlife Service designated by the Director of the Fish and Wildlife Service shall be considered as peace officers and shall have the same powers of arrest of persons and seizure of property for any violation of this Act as have United States marshals or their deputies.

SEC. 7. Sections 6 and 13 of said Act of Congress approved June 26, 1906, are hereby repealed. Such repeal, however, shall not affect any act done or any right accrued or any suit or proceeding had or commenced in any civil cause prior to said repeal, but all liabilities under said laws shall continue and may be enforced in the same manner as if committed, and all penalties, forfeitures, or liabilities incurred prior to taking effect hereof, under any law embraced in,

changed, modified, or repealed by this Act, may be prosecuted and punished in the same manner and with the same effect as if this Act had not been passed.

SEC. 8. Nothing in this Act contained, nor any powers herein conferred upor the Secretary of the Interior, shall abrogate or curtail the powers granted the Territorial Legislature of Alaska to impose taxes or licenses, nor limit or curtail any powers granted the Territorial Legislature of Alaska by the Act of Congress approved August 24, 1912, "To create a legislative assembly in the Territory of Alaska, to confer legislative power thereon and for other purposes.' Approved, June 6, 1924.

FISHING GEAR RESTRICTIONS

[Act of April 16, 1934, 48 Stat. 594; 48 U. S. C. 233, 232]

An Act to Amend Sections 3 and 4 of an Act of Congress Entitled "An Act for the Protection and Regulation of Fisheries of Alaska," Approved June 26, 1906, as Amended by the Act of Congress Approved June 6, 1924, and for Other Purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Section 3 of the Act of Congress entitled "An Act for the protection and regulation of the fisheries of Alaska," approved June 26, 1906, as amended by the Act of Congress entitled "An Act for the protection of the fisheries of Alaska, and for other purposes," approved June 6, 1924, be, and the same is hereby, amended to read as follows:

"SEC. 3. That it shall be unlawful to erect or maintain any dam, barricade, fence, trap, fish wheel, or other fixed or stationary obstruction except for purposes of fish culture, in any of the waters of Alaska at any point where the distance from shore to shore is less than one thousand feet, or within five hundred yards of the mouth of any creek, stream, or river into which salmon run, excepting the Karluk, Ugashik Kuskokwim. and Yukon Rivers, with the purpose or result of capturing salmon or preventing or impeding their ascent to the spawning grounds, and the Secretary of the Interior is hereby authorized and directed to have any and all such unlawful obstructions removed or destroyed: Provided, however, That the exception hereinabove contained with reference to the Kuskokwim and Yukon Rivers shall be solely for the purpose of enabling native Indians and bona fide permanent white inhabitants along the said rivers to take from said rivers for commercial purposes and for export from the Territory of Alaska king salmon in such manner and such quantities, and at such times as the Secretary of the Interior may, by suitable regulations, from time to time permit: Provided further, That no person shall be deemed to be a bona fide permanent inhabitant of the said rivers who has not resided thereon, or within fifty miles thereof for a period of over one year, and that the term 'native Indians' as used herein shall be taken to mean members of the aboriginal races inhabiting Alaska when annexed to the United States, and their descendants of the whole or half blood. For the purposes of this section, the mouth of such creek, stream, or river shall be taken to be the point determined as such mouth by the Secretary of the Interior and marked in accordance with this determination. It shall be unlawful to lay or set any seine or net of any kind within one hundred yards of any other seine, net, or other fishing appliance which is being or which has been laid or set in any of the waters of Alaska, or to drive or to construct any trap or any other fixed fishing appliance within six hundred yards laterally or within one hundred yards endwise of any other trap or fixed fishing appliance."

SEC. 2. That section 4 of the Act of Congress entitled "An Act for the protection and regulation of the fisheries of Alaska," approved June 26, 1906, as amended by the Act of Congress entitled "An Act for the protection of the fisheries of Alaska, and for other purposes," approved June 6, 1924, be, and the same hereby is, amended to read as follows:

"SEC. 4. That it shall be unlawful to fish for, take, or kill any salmon of any species or by any means except by hand rod, spear, or gaff in any of the creeks. streams, or rivers of Alaska; or within five hundred yards of the mouth of any such creek, stream, or river over which the United States has jurisdiction, excepting the Karluk. Ugashik, Yukon, and Kuskokwim Rivers: Provided, That nothing herein contained shall prevent the taking of fish for local food requirements or for use as dog feed: Provided further. That the exception hereinabove contained with reference to the Kuskokwim and Yukon Rivers shall be solely for the purpose of enabling native Indians and bona fide permanent white inhabitants along the said rivers to take from said rivers for commercial purposes and for export from the Territory of Alaska king salmon in such manner and such quantities, and at

such times as the Secretary of the Interior may, by suitable regulations, from time to time permit: Provided further, That no person shall be deemed to be a bona fide permanent inhabitant of said rivers who has not resided thereon or within fifty miles thereof for a period of over one year, and that the term 'native Indians' as used herein shall be taken to mean members of the aboriginal races inhabiting Alaska when annexed to the United States, and their descendants of the whole or half blood."

Approved, April 16, 1934.

[Act of March 16, 1955, 69 Stat. 12; 48 U. S. C. 233 as amended]

An Act relating to the regulation of nets in Alaska waters

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the last sentence of section 3 of the Act entitled "An Act for the protection and regulation of the fisheries of Alaska", approved June 26, 1906, as amended (48 U. S. C., sec. 233), is hereby amended to read as follows: "It shall be unlawful to lay or set any seine or net of any kind within one hundred yards of any other seine, net, or other fishing appliance which is being or which has been laid or set in any of the waters of Alaska, or to drive or to construct any trap or any other fixed fishing appliance, except a set gill net, stake gill net, or anchored gill net, within six hundred yards laterally or within one hundred yards endwise of any cther trap or fixed fishing appliance." Approved March 16, 1955.

EXCEPTIONS TO WEEKLY CLOSED SEASONS

[Act of July 2, 1940, 54 Stat. 723]

An Act to Amend Section 5 of the Act of Congress Approved June 26, 1906, Relative to the Alaska Salmon Fishery

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5 of the Act of Congress approved June 26, 1906, entitled "An Act for the protection and regulation of the fisheries of Alaska," as amended is further amended by inserting after the word "barter" in the first sentence of said section a comma and the following: "and except by hook and line for either personal or commercial use,". Approved, July 2, 1940.

TAXATION; SUBMISSION OF REPORTS

[Act of June 26, 1906, 34 Stat. 478; 48 U. S. C. 230, 231, 236–239, 241, 242]

An Act for the Protection and Regulation of the Fisheries of Alaska

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every person, company, or corporation carrying on the business of canning, curing, or preserving fish or manufacturing fish products within the territory known as Alaska, ceded to the United States by Russia by the treaty of March thirtieth, eighteen hundred and sixty-seven, or in any of the waters of Alaska over which the United States has jurisdiction, shall, in lieu of all other license fees and taxes therefor and thereon, pay license taxes on their said business and output as follows: Canned salmon, four cents per case; pickled salmon, ten cents per barrel; salt salmon in bulk, five cents per one hundred pounds; fish oil, ten cents per barrel; fertilizer, twenty cents per ton. The payment and collection of such license taxes shall be under and in accordance with the provisions of the Act of March third, eighteen hundred and ninety-nine, entitled "An Act to define and punish crimes in the district of Alaska, and to provide a code of criminal procedure for the district", and amendments thereto.

SEC. 2. That the catch and pack of salmon made in Alaska by the owners of private salmon hatcheries operated in Alaska shall be exempt from all license fees and taxation of every nature at the rate of ten cases of canned salmon to every one thousand red or king salmon fry liberated, upon the following conditions:

That the Secretary of the Interior may from time to time, and on the application of the hatchery owner shall, within a reasonable time thereafter, cause such private hatcheries to be inspected for the purpose of determining the character of their operations, efficiency, and productiveness, and if he approve the