by each Party, which Commission shall make such investigations as are necessary into the life history of the halibut in the convention waters and shall publish a report of its activities from time to time. Each of the High Contracting Parties shall have power to fill, and shall fill from time to time, vacancies which may occur in its representation on the Commission. Each of the High Contracting Parties shall pay the salaries and expenses of its own members, and joint expenses incurred by the Commission shall be paid by the two High Contracting Parties in equal moieties.

The High Contracting Parties agree that for the purposes of protecting and conserving the halibut fishery of the Northern Pacific Ocean and Bering Sea, the International Fisheries Commission, with the approval of the President of the United States of America and of the Governor General of Canada, may, in respect of the nationals and inhabitants and fishing vessels and boats of the United States of America and of Canada, from time to time

(a) divide the convention waters into areas;

(b) limit the catch of halibut to be taken from each area within the season during which fishing for halibut is allowed;

(c) prohibit departure of vessels from any port or place, or from any receiving vessel or station, to any area for halibut fishing, after any date when in the judgment of the International Fisheries Commission the vessels which have departed for that area prior to that date or which are known to be fishing in that area shall suffice to catch the limit which shall have been set for that area under section (b) of this paragraph;

(d) fix the size and character of halibut fishing appliances to be used in any

area;

(e) make such regulations for the licensing and departure of vessels and for the collection of statistics of the catch of halibut as it shall find necessary to determine the condition and trend of the halibut fishery and to carry out the other provisions of this Convention;

(f) close to all halibut fishing such portion or portions of an area or areas as the International Fisheries Commission find to be populated by small, immature halibut.

ARTICLE IV

The High Contracting Parties agree to enact and enforce such legislation as may be necessary to make effective the provisions of this Convention and any regulations adopted thereunder, with appropriate penalties for violations thereof.

ARTICLE V

The present Convention shall remain in force for a period of five years and thereafter until two years from the date when either of the High Contracting Parties shall give notice to the other of its desire to terminate it.

This Convention shall, from the date of the exchange of ratifications, be deemed to supplant the Convention for the preservation of the halibut fishery signed at Ottawa, May 9, 1930.

ARTICLE VI

This Convention shall be ratified in accordance with the constitutional methods of the High Contracting Parties. The ratifications shall be exchanged at Ottawa as soon as practicable, and the Convention shall come into force on the day of the exchange of ratifications.

In faith whereof, the respective plenipotentiaries have signed the present Convention in duplicate, and have hereunto affixed their seals.

Done at Ottawa on the twenty-ninth day of January, in the year one thousand nine hundred and thirty-seven.

[SEAL] [SEAL]

NORMAN ARMOUR.
W. L. MACKENZIE KING.

AND WHEREAS the said Convention has been duly ratified on both parts, and the ratifications of the two Governments were exchanged in the city of Ottawa, on the twenty-eighth day of July, one thousand nine hundred and thirty-seven; Now, THEREFORE, be it known that I, Franklin D. Roosevelt, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States of America and the citizens thereof.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the city of Washington this fourth day of August in the SEAL] year of our Lord one thousand nine hundred and thirty-seven, and of the Independence of the United States of America the one hundred and sixty-second.

By the President:

FRANKLIN D. ROOSEVELT.

CORDELL HULL,

Secretary of State.

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 regulations 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 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 March 15, 1952

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 101.17.

§ 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 astenolepis).

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 mollus and crustaceans which are subjected to commercial fishing and which shall i clude 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 hav continuously resided within a specified area or within fifty miles thereof for period of at least one year immediately preceding the time in question.

§ 101.5 Commercial fishing. The taking or attempting to take of any specie of fish or shellfish for the purpose of sale or barter or for ultimate use as an in tegral part of any economic enterprise. The taking of fish or shellfish for use a 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 inhabit ing Alaska when annexed to the U. S., and their descendants of the whole o 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 per mission 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.

§ 101.10 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.