The two other members of the Board shall be known as the advisory members and shall sit in an advisory capacity only. The advisory members of the Board shall be selected in the following manner: One of such members and one alternate shall be selected by employees engaged in the Alaska fishing industry, and one of such members and one alternate shall be selected by the employers engaged in the Alaska fishing industry, pursuant to such regulations as the Secretary of the Interior shall prescribe in order to make such selection reasonably representative. The advisory members shall each hold office for the term of one year and until their respective successors are selected.

An advisory member of the Board shall receive no pay, but shall be reimbursed for his traveling expenses and expenses actually incurred for subsistence while traveling on duty and away from his residence.

Excepting in such years as no appeal shall have been taken to the Board as herein provided, the Board shall hold an annual meeting in the city of Seattle, Washington, upon the first Monday after the 10th of January of each year, at which meeting it shall review promptly such of the annual regulations as to which applications for review have been made as hereinafter provided. The chairman and the member (or alternate) selected by the employees and the member (or alternate) selected by the employers shall constitute a quorum: Provided, That if two days after sending telegraphic or giving personal notice to absent members they shall still fail to attend the meeting, a quorum shall consist of the chairman and such other members as shall attend.

(d) Within twenty days after the publication in the Federal Register of any regulation adopted pursuant to this Act, any person, partnership, company, corporation, or association whose fishery operations or employment are directly affected by any such regulation shall be entitled to have such regulation reviewed by the Board upon application therefor served on or mailed to the Director, a copy of which shall be served on or mailed to the Secretary of the Interior. Hearings shall be informal, but upon a hearing the applicant and the Director shall be entitled to appear in person or by representative, to introduce pertinent evidence and be given a reasonable opportunity to be heard. When such hearing has been held, the chairman, but only after consulting with the advisory members of the Board, shall have authority (subject to the approval of the Secretary where he is not the chairman) to affirm, set aside, modify, or refer back to the Director for modification in conformity with the decision of the chairman, any regulation ur determination as to the necessity for any regulation which he shall find to be unreasonable or unnecessary for carrying out the purpose of this Act. It shall be the duty of the chairman to render a written decision upon each matter presented to the Board within twenty days after the hearing thereon, but not later than February 1 of each year.

(e) The requirements of this section shall not be construed to prevent the Director of the Fish and Wildlife Service, from time to time, during the fishing season from shortening or extending closed fishing periods in accordance with comparable variations in intensity of runs from the expected intensity of such runs or to reopen closed areas should changed conditions justify.

DETERMINATIONS BY THE DIRECTOR IN INDIVIDUAL CASES

SEC. 11. (a) Any determination made pursuant to the provisions of this Act granting or refusing to grant, renewing, extending, suspending, revoking, canceling, or forfeiting, or refusing to approve the transfer of any lease, permit, or license, shall be in writing stating the reason for the determination, and notice thereof shall be sent forthwith by registered mail to the person, partnership, company, corporation, or association applying for or theretofore possessed of such lease, permit, or license.

(b) Whenever the Director shall fail to act within thirty days upon an application for a license, permit, or lease, or assignment thereof, or whenever the Director shall make a determination pursuant to subsection (a) of this section, the applicant for any license, permit, or lease or the previous possessor thereof, as the case may be, or any other person, partnership, company, corporation, or association directly affected by such determination or failure to act, shall have the right, within twenty days after notice of such determinatior. is received or within twenty days after the thirtieth day after the filing of such application, to appeal to the Secretary of Interior pursuant to such regulations as he shall prescribe. The Secretary's determinations upon such appeal shall be in writing and notice thereof shall be sent forthwith by registered mail to the person, partnership, company, corporation, or association who or which filed such appeal.

JUDICIAL REVIEW

SEC. 12. (a) Whenever the Secretary shall fail to act within thirty days upon any appeal involving an application for a license, permit, or lease, or assignment thereof, or whenever a determination of the Secretary on any appeal shall involve the granting, refusing, renewing, extending, suspending, revoking, canceling, or refusing to approve the assignment of, any license, permit, or lease applied for or theretofore possessed by any person, partnership, company, corporation, or association, the applicant therefor or previous possessor thereof, as the case may be, or any other person, partnership, company, corporation, or association directly affected by such determination or failure to act, shall have the right, within thirty days after notice of such determination is received or within thirty days after the thirtieth day after the filing of such appeal, to appeal to the United States Court of Appeals for the District of Columbia, or to the United States Court of Appeals for the Ninth Circuit in the manner herein set out: Provided, That this section shall not be construed to grant the right to appeal the adoptiion or enforcement of regulations having general application to all persons similarly situated within a fishing area, or to bring into question the legality of any such regulation as a whole, except to the extent that the legality of the Director's or Secretary's action, or failure to act, in a specific case is dependent upon the validity under this Act of such regulation.

(b) Such appeal shall be taken by filing in such court a written petition praying that the determination of the Director or Secretary be modified or set aside, in whole or in part, and a statement of the reasons therefor.

(c) Copies of such petition shall be forthwith served upon the Secretary and the Director of the Fish and Wildlife Service, and thereupon the Director shall certify and file in the court the originals or certified copies of any application and all other papers and written evidence presented to him or to the Secretary by the appellant in connection with the matter involved in the determination appealed from, together with a full statement in writing of the facts and grounds upon which such determination or determinations were based.

(d) If the petitioner applies to the court for leave to adduce additional written evidence, and shows to the satisfaction of the court that such additional written evidence is material and that there were reasonable grounds for the failure to present such evidence to the Director or to the Secretary, the court may order such additional written evidence to be submitted to the Director in such manner and upon such terms and conditions as to the court may seem proper. The Director may thereupon modify his determination under section 11 or determine that such additional written evidence does not furnish any reason for modifying the original determination being appealed.

(e) At the earliest convenient time the court shall hear and determine the appeal upon the merits upon the record before it, and shall have jurisdiction to affirm, modify, and enforce, or set aside such determination, in whole or in part, and its judgment and decree shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in sections 239 and 240 of the Judicial Code, as amended (28 U. S. C. 346, 347).

(f) The commencement of the proceedings under subsection (a) shall not, unless specifically ordered by the court, operate as a stay of the Director's or Secretary's determinations.

(g) The remedy provided in this section shall be in addition to and not in substitution for any other remedies provided by law.

PENALTIES

SEC. 13. Any person, partnership, company, corporation, or association violating any of the provisions of this Act or of any regulation made under authority of this Act shall be fined, upon conviction thereof, for each offense not more than $5,000 nor less than $50, or shall be imprisoned for not more than one year, or may be both fined and imprisoned.

ARRESTS

SEC. 14. Any employee of the Department of the Interior duly authorized by the Director to enforce the provisions of this Act shall have power, without warrant, to arrest any person committing a violation of this Act or of any regulations made under authority of this Act in his presence or view and to take such person immediately for examination or trial before an officer or court of competent

jurisdiction, and to stop, board, enter upon, and search any vessel or boat within any of the waters to which this Act is applicable. The several judges of the courts established under the laws of the United States, and the United States commissioners, may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue warrants for the arrest of any person alleged to have committed a violation of this Act or of any regulation made under the authority of this Act. Any employee of the Department of the Interior duly authorized by the Director to enforce the provisions of this Act shall have power to execute any such warrant.

FORFEITURE AND SEIZURE

SEC. 15. (a) All fish, and all fish products derived from fish, caught or captured in violation of the provisions of this Act or any regulations made pursuant thereto shall be forfeited where the person, partnership, company, corporation, or association owning such fish or fish products had knowledge of such violation at the time he or it acquired such fish or fish products. For any subsequent offense in which the same vessel, boat, gear, or apparatus has been employed by the same person, partnership, company, corporation, or association, the court, in its discretion, may also forfeit the same.

(b) All fish and fish products subject to forfeiture under subsection (a), and any vessel, boat, gear, or other apparatus used, or which it reasonably appears is about to be used in the catching or capture or transportation of fish or fish products in violation of the provisions of this Act or of any regulations made under authority of this Act may, when found, be seized by any duly authorized employee of the Department of the Interior, or by any marshal, or deputy marshal, and held for condemnation proceedings pursuant to section 16 of this Act: Provided, That any such fish, fish product, vessel, boat, gear, or other apparatus so seized shall be released upon the posting of a bond in lieu thereof in the value of the thing so seized as fixed by the court having jurisdiction.

JURISDICTION AND VENUE

SEC. 16. The violation of any provision of this Act or of any regulations made under authority of this Act may be prosecuted in any district court of Alaska or of the United States having jurisdiction of the defendant. Any fish, fish product, vessel, boat, gear, or other apparatus subject to seizure under section 15 shall be proceeded against by libel process in any district court of Alaska or of the United States in which the thing seized or subject to seizure may be found, and the procedure in such cases shall conform, as nearly as may be, to the procedure in admiralty, except that on demand of either party any issue of fact joined in any such case shall be tried by jury.

ENFORCEMENT-MINOR VIOLATIONS

SEC. 17. (a) It shall be the duty of the Director to enforce the provisions of this Act and any regulations made under authority of this Act. It shall be the duty of the United States Attorney to whom any violation is reported by the Director or by any duly authorized agent or employee of the Department of the Interior to institute proceedings necessary to carry out the provisions of this Act. All proceedings for the enforcement of this Act shall be by and in the name of the United States.

(b) Nothing in this Act shall be construed as requiring the Director to report for prosecution or for the institution of libel proceedings minor violations of this Act whenever he believes that the public interest and the purposes of this Act will be adequately served by a suitable written notice or warning.

INVESTIGATIONS

SEC. 18. The Director of the Fishing and Wildlife Service of the Department of the Interior is authorized and directed to conduct all necessary investigations as a basis for making the determinations authorized in section 4 and to cooperate with other Federal agencies, with local authorities, and with international agencies on which the United States is represented, in the protection, preserva.ion, and development of the fisheries of Alaska and in the making of any necessary investigations in connection therewith.

DISPOSITION OF FEES AND RENTALS

SEC. 19. All moneys received from all fees and rentals authorized to be charged under the provisions of this Act, not heretofore or otherwise obligated, shall be covered into the Treasury of the United States and shall constitute a special fund which is hereby appropriated and made available to the Fish and Wildlife Service of the Department of the Interior, subject to the supervision of the Secretary, for carrying out the investigations authorized by section 18 of this Act and related scientific investigation.

APPROPRIATIONS

SEC. 20. There is authorized to be appropriated, from time to time, out of any money in the Treasury not otherwise appropriated, for the Fish and Wildlife Service of the Department of the Interior, such amounts as may be necessary to carry out the provisions and to accomplish the purposes of this Act and regulations made pursuant thereto, and the Secretary is authorized out of such moneys to employ in the city of Washington and elsewhere such persons and means as he may deem necessary for such purpose.

ELIGIBILITY OF ALIENS

SEC. 21. No alien, excepting one who has in good faith declared his intention to become a citizen and whose declaration is in good standing, shall be eligible to obtain any license authorized to be issued under the provisions of this Act.

SEPARABILITY CLAUSE

SEC. 22. If any clause, sentence, paragraph, or part of this Act shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

EXCEPTIONS AND REPEALS

SEC. 23. (a) Nothing contained in this Act shall be construed to affect the provisions of any existing treaty or convention or trade agreement to which the United States is a party, or the provisions of the Northern Pacific Halibut Act of June 28, 1937 (50 Stat. 325), or to 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, entitled "An Act to create a legislative assembly in the Territory of Alaska, to confer legislative power thereon, and for other purposes.'

(b) An Act entitled "An Act for the protection and regulations of the fisheries of Alaska", approved June 26, 1906, except sections 1, 8, and 9 thereof (as amended), said section 8 being made a part of this Act; also an Act entitled "An Act for the protection of the fisheries of Alaska, and for other purposes", approved June 6, 1924, together with all Acts amendatory thereof and all Acts or parts of Acts inconsistent with any provisions of this Act, are hereby repealed: Provided, however, That the provisions of existing laws and regulations covering fishing in Alaskan waters shall remain in full force and effect until such time as the regulations provided for herein shall have become finally effective as provided in section 10 of this Act.

(Report from State Department follows:)

The Honorable JOSIAH W. BAILEY,
Chairman, Committee on Commerce,

DEPARTMENT OF STATE, Washington, September 15, 1943.

United States Senate.

MY DEAR SENATOR BAILEY: Further reference is made to your letter of April 1, 1943, requesting that I furnish your committee such suggestions as may be deemed proper touching the merits and the propriety of the passage of S. 930, a bill to assure conservation of and to permit the fullest utilization of the fisheries of Alaska, and for other purposes.

The bill would prohibit fishing for all species of fish in extensive areas of the high seas far beyond the territorial waters of the United States except as permitted

by regulations to be issued by the Director of the Fish and Wildlife Service of the Department of the Interior, and would, subject to any applicable treaty provision, operate as a prohibition against fishing by any alien unless he had declared his intention to become a citizen of the United States. The penalties of the bill would be applicable to all alien nationals and vessels as well as to citizens and vessels of the United States.

I desire to point out that the application of the proposed legislation to alien nationals and vessels outside the national jurisdiction of the United States, in conformity with the declaration of policy expressed in section 2 of the bill, would be a matter of interest and possible concern to contiguous countries, especially to Canada. The immediate application of the legislation to the nationals of that country might, in the absence of a prior understanding or agreement, result in undermining the cooperative arrangements the United States and Canada have made for the purpose of regulating and conserving common fisheries in the North Pacific Ocean area.

I have in mind the Convention for the Protection, Preservation, and Extension of the Sockeye Salmon Fisheries of the Fraser River System, signed May 26, 1930 the Convention for the Preservation of Halibut Fishery of Northern Paciffc Ocean and Bering Sea, signed January 29, 1937; and a provisional agreement for the preservation and protection of fur seals (concluded to replace the 1911 convention between the United States, Canada, and other powers). Currently there are also fishery problems arising from war conditions, relative to which the friendly cooperation of Canada is of particular value.

While I am in complete accord with the purpose of the bill to prevent the uncontrolled exploitation of the offshore fisheries of Alaska and to protect and conserve this vital food supply, I am of the opinion, for the reasons set forth above, that the successful accomplishment of that purpose could best be realized by working out a prior understanding or agreement with the Government of Canada. It is believed that this course would prepare the way for a general acceptance of the necessity of adequate control by the littoral state of its offshore fisheries, while avoiding controversies which might result from unilateral action by this Government.

Taking cognizance especially of the interest that has been shown for some time both by the Congress and by the fishing industry in the important question of regulating the coastal fisheries, the Department of State has recently arranged to give the subject special attention and study through a committee formed for that purpose. It seems possible that the examination we shall make of various phases of the question of protective jurisdiction over fisheries, together with attentiou being given to the problem by the Department of the Interior, may reveal the lines of a possible new policy with respect to fishery regulation and protection. It may therefore be preferable that action on the legislative proposals under reference be deferred until such time as the situation as a whole can be clarified. I wish again to assure you of my sympathetic attitude toward the purpose of the legislative proposals in question, and of the full cooperation of this Department consistent with the requirements of national policy and our foreign relations.

The Department has not been advised by the Bureau of the Budget as to the relationship of this legislative proposal to the program of the President, and the statements contained in this report should not be construed as involving any commitment with respect thereto.

Sincerely yours,

CORDELL HULL.

Senator BILBO. In order to get the intent and purposes of the bill before the committee, I am going to ask Senator Wallgren, who is the author of the bill, to make a presentation with some suggested amendments to the committee first, for the benefit of the record. All right, Senator.

Senator WALLGREN. Mr. Chairman, at this time I should like to suggest that those people who are present and desire to testify might bring their names in now or give their names to you.

Senator BILBO. Yes.

Senator WALLGREN. And we are starting off here just about a minute ahead of time.

Senator BILBо. We would be glad to have the names of all who want to appear before the committee to be heard on thi