to the International Convention for the High Seas Fisheries of the North Pacific Ocean, signed at Tokyo on this ninth day of May, nineteen hundred fifty-two. The Governments of the United States of America, Canada and Japan agree that the line of meridian 175° West Longitude and the line following the meridian passing through the western extremity of Atka Island, which have been adopted for determining the areas in which the exploitation of salmon is abstained or the conservation measures for salmon continue to be enforced in accordance with the provisions of the Annex to this Convention, shall be considered as provisional lines which shall continue in effect subject to confirmation or readjustment in accordance with the procedure mentioned below. The Commission to be established under the Convention shall, as expeditiously as practicable, investigate the waters of the Convention area to determine if there are areas in which salmon originating in the rivers of Canada and of the United States of America intermingle with salmon originating in the rivers of Asia. If such areas are found the Commission shall conduct suitable studies to determine a line or lines which best divide salmon of Asiatic origin and salmon of Canadian and United States of America origin, from which certain Contracting Parties have agreed to abstain in accordance with the provisions of Article V, Section 2, and whether it can be shown beyond a reasonable doubt that this line or lines more equitably divide such salmon than the provisional lines specified in sections 1 (c) and 2 of the Annex. In accordance with these determinations the Commission shall recommend that such provisional lines be confirmed or that they be changed in accordance with these results, giving due consideration to adjustments required to simplify administration. In the event, however, the Commission fails within a reasonable period of time to recommend unanimously such line or lines, it is agreed that the matter shall be referred to a special committee of scientists consisting of three competent and disinterested persons, no one of whom shall be a national of a Contracting Party, selected by mutual agreement of all Parties for the determination of this matter. It is further agreed that when a determination has been made by a majority of such special committee, the Commission shall make a recommendation in accordance therewith. The Governments of the United States of America, Canada and Japan, in signing this Protocol, desire to make it clear that the procedure set forth herein is designed to cover a special situation. It is not, therefore, to be considered a precedent for the final resolution of any matters which may, in the future, come before the Commission. This Protocol shall become effective from the date of entry into force of the said Convention. [1] IN WITNESS WHEREOF, the respective Plenipotentiaries have signed this Protocol. DONE in triplicate at Tokyo this ninth day of May, one thousand nine hundred fifty-two. PERTINENT SECTIONS OF THE NORTHWEST ATLANTIC FISHERIES ACT OF 1950, CITED IN SECTION 11, PARAGRAPH (d) AND SECTION 12 OF THE NORTH PACIFIC FISHERIES ACT OF AUGUST 12, 1954 SEC. 7. (a) The Secretary of the Interior is authorized and directed to administer and enforce, through the Fish and Wildlife Service, all of the provisions of the convention, this Act, and regulations issued pursuant thereto, except to the extent otherwise provided for in this Act. In carrying out such functions he is authorized and directed to adopt such regulations as may be necessary to carry out the purposes and objectives of the convention and this Act, and, with the concurrence of the Secretary of State, he may cooperate with the duly authorized officials of the Government, of any party to the convention. 1 June 12, 1953. (b) Enforcement activities under the provisions of this Act relating to vessels engaged in fishing and subject to the jurisdiction of the United States shall be primarily the responsibility of the United States Coast Guard, in cooperation with the Fish and Wildlife Service. * SEC. 9. (a) It shall be unlawful for any person subject to the jurisdiction of the United States to engage in fishing in violation of any regulation adopted pursuant to this Act or of any order of a court issued pursuant to section 10 of this Act, to ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control any fish taken or retained in violation of any such regulations, or order, to fail to make, keep, submit, or furnish any record or report required of him by such regulations, or to refuse to permit any officer authorized to enforce such regulations to inspect such record or report at any reasonable time. (b) It shall be unlawful for any person or vessel subject to the jurisdiction of the United States to do any act prohibited or fail do to any act required by any regulation adopted pursuant to this Act. * * * * SEC. 10. Any person violating any provision of this Act or any regulation adopted pursuant to this Act, upon conviction, shall be fined for a first offense not more than $500 and for a subsequent offense committed within five years not more than $1,000 and for such subsequent offense the court may order forfeited, in whole or in part, the fish taken by such person, or the fishing gear involved in such fishing, or both, or the monetary value thereof. Such forfeited fish or fishing gear shall be disposed of in accordance with the direction of the court. SEC. 11. (a) Any duly authorized enforcement officer or employee of the Fish and Wildlife Service of the Department of the Interior; any Coast Guard officer; any United States marshal or deputy United States marshal; any customs officer: and any other person authorized to enforce the provisions of the convention this Act, and the regulations issued pursuant thereto, shall have power without warrant or other process to arrest any person subject to the jurisdiction of the United States committing in his presence or view a violation of the convention or of this Act, or of the regulations issued pursuant thereto and to take such person immediately for examination before a justice or judge or any other official designated in section 3041 of title 18 of the United States Code; and shall have power, without warrant or other process, to search any vessel subject to the jurisdiction of the United States when he has reasonable cause to believe that such vessel is engaging in fishing in violation of the provisions of the convention or this Act, or the regulations issued pursuant thereto. Any person authorized to enforce the provisions of the convention, this Act, or the regulations issued pursuant thereto shall have power to execute any warrant or process issued by an officer or court of competent jurisdiction for the enforcement of this Act, and shall have power with a search warrant to search any vessel, vehicle, person, or place at any time. The judges of the United States district courts and the United States Commissioners may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue warrants in all such cases. Any person authorized to enforce the provisions of the convention, this Act, or the regulations issued pursuant thereto may, except in the case of a first offense, seize, whenever and wherever lawfully found, all fish taken or retained, and all fishing gear involved in fishing, contrary to the provisions of the convention or this Act, or to regulations issued pursuant thereto. Any property so seized shall not be disposed of except pursuant to the order of a court of competent jurisdiction or the provisions of subsection (b) of this section, or, if perishable, in the manner prescribed by regulations of the Secretary of the Interior. (b) Notwithstanding the provisions of 28 United States Code 2464, when a warrant of arrest or other process in rem is issued in any cause under this section, the marshal or other officer shall stay the execution of such process, or discharge any property seized if the process has been levied, on receiving from the claimant of the property a bond or stipulation for double the value of the property with sufficient surety to be approved by a judge of the district court having jurisdiction of the offense, conditioned to deliver the property seized, if condemned, without impairment in value or, in the discretion of the court, to pay its equivalent value in money or otherwise to answer the decree of the court in such cause. Such bond or stipulation shall be returned to the court and judgment thereon against both the principal and sureties may be recovered in event of any breach of the conditions thereof as determined by the court. 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. 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 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 encourage ment 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 a 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. REGULATIONS FOR THE PROTECTION OF THE COMMERCIAL FISHERIES OF ALASKA Effective April 21, 1956 TITLE 50-WILDLIFE Chapter I-Fish and Wildlife Service, United States Department of the Interior § 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. 381700-56 25 |