ALASKA FISHERY ACT

THURSDAY, JANUARY 20, 1944

UNITED STATES SENATE,

SUBCOMMITTEE OF THE COMMITTEE ON COMMERCE,

Washington, D. C.

The subcommittee met at 2:30 p. m., pursuant to call, in the Commerce Committee hearing room, the Capitol, Senator Theodore G. Bilbo, chairman of the subcommittee, presiding.

Present: Senators Bilbo (presiding), Wallgren, Burton, and Robert

son.

Present also: Anthony J. Dimond, Delegate for Alaska, House of Representatives.

Senator BILBO (presiding). The committee will come to order.

This is a meeting of the subcommittee to consider Senate bill 930, a bill to assure conservation of and to permit the fullest utilization of the fisheries of Alaska, and for other purposes. The bill will be made a part of the record.

(The bill, S. 930, is as follows:)

[S. 930, 78th Cong., 1st sess.]

A Bill To assure conservation of and to permit the fullest utilization 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 this Act shall be known by the short title of the Alaska Fishery Act.

POLICIES AND PURPOSES

SEC. 2. It is hereby declared to be the policy of the United States that for the necessary protection and preservation of the fisheries of Alaska the jurisdiction of the United States extends, subject to all valid treaties, to all of the waters adjacent to the coast of Alaska, east of the international boundary in the Bering Sea between the United States and the Union of Socialist Soviet Republics, as defined in the treaty between Russia and the United States, concluded at Washington on March 30, 1867 (15 Stat. 539), whereby Alaska was ceded to the United States. This Act shall be applicable throughout all of such waters as are waters of Alaska or are less than two hundred fathoms in depth or which shall be declared by the President to be fishing waters. It is further declared to be the policy of the United States that to permit the fullest utilization of the fisheries of Alaska consistent with the maintenance of the continuity of such fisheries from year to year and the reasonable development thereof, subject only to the provisions of this Act, all fisheries in the waters of or adjacent to the Territory of Alaska, not included in the coastal waters of the Annette Island Fishery Reserve, shall be open to all citizens of the United States free of all exclusive or several rights under any claim of occupancy, aboriginal or otherwise. To these ends it is the purpose of this Act to assure conservation of the fisheries of Alaska and to permit the fullest utilization of such fisheries, to authorize such regulations as are essential to such conservation and utilization and to provide for the reasonable development of such fisheries.

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PROHIBITED ACTS

SEC. 3. For the purposes aforesaid, it is hereby provided that—

(a) It shall be unlawful at any time, by any means, or in any manner, to fish for, to capture, to catch, or to attempt to fish for, or capture, or catch, any fish, including shellfish, found in the waters to which this Act is applicable or to possess any fishing apparatus in any such waters, except as permitted by regulations made as hereinafter provided; and

(b) It shall be unlawful for any person, partnership, company, corporation, or association to land on or to bring into any place subject to the jurisdiction of the United States, other than for personal use, any fish, or any fish product derived from any fish, captured or caught in violation of subsection (a) of this section where such person, partnership, company, corporation, or association knew of such violation at the time it acquired such fish or fish product.

DETERMINATIONS AND REGULATIONS

SEC. 4. Subject to the provisions of this Act and having due regard to the distribution, abundance, natural history, and the times of occurrence and recurrence of such fish as are found normally in waters to which this Act is applicable the Director of the Fish and Wildlife Service of the Department of the Interior is authorized and directed to determine when, where, to what extent, if at all, and by what means, the fishing for or capture of any such fish or species of fish may be permitted, and to what extent, if at all, the landing on or bringing into any place subject to the jurisdiction of the United States of food fish, or fish products derived from fish, captured or caught in such waters may be permitted to accomplish the purposes of this Act; and said Director, in accordance with the provisions of this Act, is authorized and directed subject to the supervision of the Secretary of the Interior to adopt and promulgate from time to time reasonable regulations permitting and governing such activities in accordance with such determination.

MANDATORY FROVISIONS

SEC. 5. The regulations herein provided for shall

(a) Divide the waters to which this Act is applicable;

(b) Require every individual engaged in catching fish for commercial purposes in any waters to which this Act is applicable to obtain annually, upon the payment of a fee not to exceed $1, a license prior to engaging in such operations, but no person shall be refused a license except upon the ground that he is an alien; (c) Require that prior to its erection, use, or maintenance, as the case may be, in any of the waters to which this Act is applicable, a permit be secured: (1) by the owner or operator of every fish cannery, saltery, cold storage, or other processing plant covering the use of each vessel, boat, net, or other type of fishing apparatus (other than a fish trap or pound net) used for the capture, catching, or recovering of fish in connection with the operation of such plant; (2) by the operator of each vessel, boat, net, or other type of fishing apparatus (other than a fish trap or pound net) not used in connection with any particular fish cannery, saltery, cold storage, or other processing plant; (3) for the erection, use, or maintenance of each dam, barricade, weir, fence, or other fixed or stationary obstruction (other than a fish trap or pound net) having for its purpose or resulting in the taking of fish or in impeding ascent to the spawning grounds (a vessel, boat, net, or other fishing apparatus shall be deemed to be used in connection with a plant while any arrangement is in effect for the exclusive use thereof in connection with such plant by reason of ownership, charter, contract, or employment);

(d) Require every person, partnership, company, corporation, or association engaged in the use of ocean bottom for oyster cultivation or for fish-trap location, to obtain a lease therefor prior to engaging in such cultivation or the erection or installation of a fish trap on such location; and

(e) Prescribe reasonable terms and conditions under which the permits and leases required by this section may be issued, renewed, extended, suspended, abandoned, canceled, forfeited, or transferred by contract or devolution of law, but no permit shall be issued for a period of less than one year and no lease shalĺ be issued for a period of less than five years. The fact that the applicant for a permit or a lease in any fishing area or location shall have held previously for any specified period a permit or a lease in such fishing area or location, or is the applicant for or the holder of a permit or a lease in some other fishing area or location, shall not be a bar to the issuance thereof.

PERMISSIVE PROVISIONS

SEC. 6. The regulations herein provided for may

(a) As to any fishing area for general application throughout such area, fix the size and character of vessels, boats, nets, fish traps, or of any other types of fishing apparatus, including any dam, barricade, weir, fence, or other fixed or stationary obstruction which shall have for its purpose or shall result in the capture of fish or in impeding their ascent to the spawning grounds, and the number of fishing apparatus of each type that may be used; and designate the minimum distance between fish-trap locations and the locations within which fish traps may be operated and the locations within which oyster cultivation may be pursued; and limit, other than individually for any operator or fishing appliance or types of fishing apparatus, the catch of fish that may be taken in any such fishing area, and otherwise specify the time, means, methods, and extent of fishing;

(b) Prescribe open and closed fishing seasons in the whole of or any part of any fishing area; and

(c) Require for the purpose of offsetting the administrative expenses in connection with the issuance of such licenses, permits, and leases as may be required by this Act or any regulations authorized thereunder, the payment of reasonable fees for any permit issued pursuant to the requirements of section 5, subdivision (c), on the basis of not to exceed $5 for each fishing apparatus of the type or types included in such permit, and the payment of reasonable uniform rentals for such ocean bottoms as may be occupied under leases for oyster cultivation or fish-trap locations in accordance with the provisions of this Act on the basis of not to exceed $1 per acre for oyster cultivation and $25 for each trap site.

ALLOTMENT OF PERMITS AND LEASES

SEC. 7. Whenever the number of any type of vessels, boats, nets, or other fishing apparatus (other than a fish trap or pound net) that may be used in any fishing area is fixed or changed by any regulation, permits pursuant to the provisions of section 5 (c) (1) and (2) of this Act shall be granted, first, to (and in the event of a reduction in number, proportionately between) such applicants which, or whose predecessors in interest, shall have last operated such type of vessels, boats, nets, or other fishing apparatus (other than a fish trap or pound net) during substantial portions of the fishing season in any of the five years immediately preceding publication of such regulation next, to other qualified applicants. To the extent that fractional numbers render reasonably proportionate reductions of vessels, boats, nets, or such other fishing apparatus impracticable, reductions shall be made in such reasonable manner as the regulations shall prescribe. Whenever, in any area, the use of locations subject to lease is fixed or changed by any regulation, leases pursuant to the provisions of section 5 (d) of this Act shall be granted, first, to such applicants which, or whose predecessors in interest, shall have last used such specific locations, or approximately such locations, during substantial portions of the fishing season in any of the five years immediately preceding publication of such regulation; next, to other qualified applicants. No applicant who would otherwise be entitled to such a permit or lease shall be excluded because of nonuse during any particular year or years which resulted from causes beyond the reasonable control of such applicant, which causes shall particularly include, but shall not be limited to, shortage of materials, shortage of men or equipment, labor difficulties, shortage of transportation, fire, flood, acts of God, of Government, other than under this Act, or of the public enemy, accidents to machinery or equipment, or loss of vessels. No regulation shall in any way qualify the recognition of the rights in any fishing area accorded by this section on the basis of the extent of any applicant's operations in any other area or areas. Applications for permits or leases based upon prior use shall be filed, in accordance with reasonable regulations, promulgated pursuant to the provisions of this Act. If within four years (or such further time as the Director shall authorize in view of the average life cycle of the variety of salmon predominant in the area) after any such fixing or reduction in the number of any type of vessels, boats, nets, or other fishing apparatus, or the limitation of, or closure to, leasing of locations, any later regulation shall restore to any extent the former number of vessels, boats, nets, or other apparatus or the use of locations subject to lease, permits or leases, as the case may be, for such number of vessels, boats, nets, or other fishing apparatus, or for the use of locations so restored, shall be issued first to those who would have been entitled to such permits or leases except for such reduction or closure, and next to qualified applicants by lot. In the event of such restoration of the use of a location, there shall be allotted, so far as practicable, to the former occupant

or lessee any location so reopened which is located approximately on or at that previously occupied or leased.

APPROVAL BY SECRETARY OF WAR WHEN REQUIRED

SEC. 8. Any application for a permit or lease for the construction or placing of any dam, barricade, weir, fence, fish trap, or other fixed or stationary obstruction in Alaskan waters, the construction or placing of which must be approved by the Secretary of War pursuant to the Rivers and Harbors Act of March 3, 1899, shall be submitted by the Director to the Secretary of War within thirty days after the filing of such application. The Secretary of War shall approve or disapprove such application within a reasonable time and notify the Director of such action. Upon the approval of any application by the Secretary of War, subject to whatever lawful reservations he may make, which reservations shall be included in the permit or lease, and the subsequent issuance of such permit or lease by the Director pursuant to the provisions of this Act, no further license, permission, or authorization shall, notwithstanding any other provision of law, be required with respect to the construction or placing of the dam, barricade, weir, fence, fish trap, or other fixed or stationary obstruction covered by such permit or lease.

REPORTS

SEC. 9. Every person, partnership, company, corporation, or association engaged in capturing or catching, curing, or in any manner processing fish in any waters to which this Act is applicable, or in operating fish hatcheries in Alaska, shall make such detailed reports thereof to the Fish and Wildlife Service of the Department of the Interior, on blanks furnished by it, as the Director of the Fish and Wildlife Service shall deem necessary to determine the abundance and natural history of such fish and the disposition thereof.

HEARINGS-PROMULGATION OF REGULATIONS

SEC 10. (a) Prior to the adoption of regulations or changes in regulations authorized by this Act, and not later than the 1st day of November of each year, the Director of the Fish and Wildlife Service shall cause hearings to be held in the city of Seattle, Washington, and, in his discretion, in the city of Juneau or any other place or places in Alaska, concerning the regulations for the fishing season of the ensuing calendar year. Notice of the time and place of such hearings shall be given at least twenty days in advance by publication thereof in a newspaper of general circulation in the city of Seattle, Washington, and such other place or places as the Director shall designate. Insofar as practicable there shall be included in such notice a general statement of the proposed regulations or proposed changes so as to enable those who might be affected thereby to attend and prepare to present evidence at the hearing.

(b) Any and all proposed new regulations or changes in existing regulations, including those proposed by the Fish and Wildlife Service, shall be formulated in writing and shall be made available at the beginning of such hearings to persons in attendance. To the fullest extent practicable, there shall be presented at such hearing by the Director or any employee of the Fish and Wildlife Service a statement of the facts which in the judgment of the Director require that such regulations or changes in existing regulations be issued or made in order to carry out the purposes of this Act. Any interested person, or the representatives or employees of any interested partnership, company, corporation, or association may present such additional facts as are relevant to the proposed regulations or changes. Thereafter regulations adopted by the Director and covering fishing for the ensuing year, which regulations shall contain no changes not submitted in writing at said hearings excepting only as the regulations or changes proposed may be modified as a result of said hearings, shall be published in the Federal Register not later than the 15th day of December next, and shall become effective upon such publication, unless modified or set aside as hereinafter provided.

(c) There is hereby created in the Department of the Interior an agency to be known as the Alaska Fishery Review Board, consisting of three members and two alternates. The Secretary of the Interior shall be the chairman of the Board, and as such chairman shall have the sole power of determination of all matters submitted to the Board for review, except that he is authorized to appoint a member of the executive staff of the Department of the Interior as chairman of the Board for any particular hearing, who, when so sitting, and for the purpose of determining the matters heard by him, shall have the full power of chairman.