listed the following: (a) a Japanese long liner, observed on the night of June 10, 1963, drifting 2.3 miles off Cape Cheerful, Unalaska areathe vessel's position was pinpointed by radar.

I will go through a few of these, Mr. Chairman, and then I will point them out on the map for your information.

Senator BARTLETT. Fine.

Mr. MARVICH. (b) A Russian whaler taking whales 31⁄2 miles south of Popof Head and 3 miles east of Kelly Rock near Sand Point on June 16, 1963-inside State waters.

I have some pictures of one of the Russian catcher vessels which I will present to the committee.

Senator BARTLETT. We would welcome those and they will be placed in the record.

Mr. MARVICH. (c) Russian trawlers in the vicinity of Ilnik near Port Moller on June 3, 1963, their position as established by radar showed that three of these vessels were close to the 3-mile limit while two were clearly within the 3-mile limit; (d) on June 28, 1963, a Soviet catcher vessel and mothership were seen in territorial waters off Sutwik Island near Chignik; and, (e) on July 3, 1963, a Japanese whaler was seen operating 11⁄2 miles from Cape Edgecumbe in southeast Alaska.

The first sighting was the Japanese long liner off Cape Cheerful in the Unalaska area, which would be out in this area [indicating].

Mr. MARVICH. The second was at Ilnik, which is just to the east of Port Moller, which would be right in this area in here [indicating]. Mr. MARVICH. The third one was the Russian whaler near Popof Head, which is close to Chignik, which would be in this area here [indicating.)

Senator BARTLETT. On the south side?

Mr. MARVICH. Yes; on the south side. And the one off of Sutwik Island is right near Chignik and the last one was off Cape Edgecumbe, which is just outside of Sitka, down in southeast Alaska, in this area [indicating].

To my knowledge, there has not been one apprehension by any arm of the Federal Government for commercial fishing in territorial waters. I believe the lack of any clear-cut Federal authority for foreign fishing violations committed in territorial waters has been a contributing factor in this respect. S. 1988 would cure this. Such authority is needed and the need is urgent.

Alaska has as many time zones as the contiguous 48 States-four. It is anyone's guess how many infractions of territorial waters have occurred off Alaska by foreign fishing vessels. We know of many. How many more have transpired without our knowledge is open to conjecture.

When one considers the fact that there has been little if any concerted effort to provide vessels which could properly patrol the thousands of miles of coastline of Alaska stretching from Dixon entrance northwest to Kodiak and the Alaska Peninsula, thence around the Aleutian Islands past Bering and Chukchi Sea to and including the Arctic Ocean, it is understandable that enforcement efforts have resulted in few apprehensions of foreign vessels violating territorial waters. The only arrests that have been made are those that were made by the State.

Foreign fleet fishing operations off Alaska have been estimated at 300 Russian vessels and 215 Japanese vessels for this year. These vessels have been fishing king crab, shrimp, midwater fish, and bottom fish of various species.

Alaskans view the buildup of foreign fishing fleets with great alarm. Thousands of fishermen and shore workers view with consternation the encroachment of foreign fishing fleets on our No. 1 basic resource. We need all the help we can get to insure the protection and preservation of our fisheries resources and we need that help now. S. 1988 is a big step in the right direction. This bill would provide desperately needed Federal enforcement responsibility and authority thus protecting our territorial and Continental Shelf fisheries resources from exploitation by other than U.S. nationals.

Accordingly, we urge the enactment of S. 1988 in the interest of the fishermen who harvest the products of the sea for the Nation. Thank you.

Senator BARTLETT. Thank you, Mr. Marvich. Your statement represents the official position, as I understand it, of the State of Alaska?

Mr. MARVICH. It does, Mr. Chairman.

Senator BARTLETT. Chairman Magnuson?

The CHAIRMAN. I want to thank him, too, for coming down here. Of course, both Senator Bartlett and I are quite familiar with the different incidents you talk about, because we naturally hear about them. And you have been under a severe handicap there to do anything particularly about it.

I wish you would put in the record what the State laws are, or Senator Bartlett can, relating to the territorial waters; State laws that might be on the books now.

Mr. MARVICH. I would be pleased to do so.

Hon. E. L. BARTLETT,
U.S. Senate, Washington, D.C.

STATE OF ALASKA, DEPARTMENT OF FISH AND GAME, Juneau, September 10, 1963.

DEAR SENATOR BARTLETT: During E. S. Marvich's appearance at the congressional hearing on S. 1988, Chairman Magnuson asked that the Alaska laws and regulations pertaining to commercial fishing by other than U.S. nationals be inserted in the record. Among those that could be listed in this connection are the following:

1. ALASKA STATUTES, TITLE 16, FISH AND GAME

"SEC. 16.05.480 Commercial fishing license. A person engaged in commercial fishing shall obtain a commercial fishing license. The fee for the license is $10 for residents, and $15 for nonresidents.

"SEC. 16.05.490 Vessel license. As a condition to the delivery or landing of fish or engaging in commercial fishing in the state, a license is required for a commercial vessel, including a vessel used in charter service for the recreational taking of fish and shellfish.

"SEC. 16.05.550 Troll line license. (a) A license is required for troll lines used in the taking or catching of fish for commercial purposes in the waters of the state. The fee is $15 a year for a resident and $45 a year for a nonresident.

"(b) For the purposes of this chapter, a hand line, jigger line, or a line that is used with a rod and reel is a troll line when it is used in the taking or catching of fish for commercial purposes in the waters of the state.

"SEC. 16.05.560 Set or long line license. A license is required for set or long lines used in the taking or catching of fish for commercial purposes in the waters of the state. The fee is $25 a year for residents and $50 a year for nonresidents. "SEC. 16.05.570 Drift gill net license. A license is required for drift gill nets used in the taking or catching of fish for commercial purposes in the waters of the

state. The fee is $10 a year for the first 100 fathoms or fraction thereof and $5 for each additional 50 fathoms or fraction thereof for a resident and $30 a year for the first 100 fathoms or fraction thereof and $15 for each additional 50 fathoms or fraction thereof for a nonresident provided only the maximum amount of gear fished at one time is licensed. The gear for each vessel shall be separately licensed. "SEC. 16.05.580 Set or stake gill net license. A license is required for a set or stake gill net used in the taking or catching of fish for commercial purposes in the waters of the state. The fee is $5 a year for the first 50 fathoms or fraction thereof and $5 for each additional 50 fathoms or fraction thereof for a resident and $15 a year for the first 50 fathoms or fraction thereof and $15 for each additional 50 fathoms or fraction thereof for a nonresident, provided only the maximum amount of gear fished at one time is licensed.

SEC. 16.05.590 Beach or drag seine license. A license is required for each beach or drag seine used in the taking or catching of fish for commercial purposes in the waters of the state. The fee is $10 a year for the first 100 fathoms or fraction thereof and $5 for each additional 50 fathoms or fraction thereof for a resident and $30 a year for the first 100 fathoms or fraction thereof and $15 for each additional 50 fathoms or fraction thereof for a nonresident.

"SEC. 16.05.600 Purse seine and hand purse seine license. A license is required for purse seines and hand purse seines used in the taking or catching of fish for commercial purposes in the waters of the state. The fee is $40 a year for the first 100 fathoms or fraction thereof and $10 for each additional 50 fathoms or fraction for a resident and $120 a year for the first 100 fathoms or fraction thereof and $30 for each additional 50 fathoms or fraction thereof for a nonresident. "SEC. 16.05.610 Beam trawl license. A license is required for beam trawls used in the taking or catching of fish or shellfish for commercial purposes in the waters of the state. The fee is $37.50 a year for a resident and $100 a year for a nonresident.

"SEC. 16.05.620 Otter trawl license. A license is required for otter trawls used in the taking or catching of fish or shellfish for commercial purposes in the waters of the state. The fee is $50 a year for a resident and $150 a year for a nonresident.

"SEC. 16.05.630 Shellfish pot license. A license is required for shellfish pots used in the taking or catching of shellfish for commercial purposes in the waters of the State. For each 100 pots or less the fee is $15 a year for a resident and $45 a year for a nonresident. For each additional 100 pots or less the fee is $15 a year for a resident and $45 a year for a nonresident.

"SEC. 16.05.640 Clam digger's license. A clam digger's license is required of any person digging clams for commercial purposes from the waters or beaches of the state. The fee is $5 for a resident, and $15 for a nonresident."

The above statutes would be applicable since the foreign nationals would not have procured the appropriate personal fishing, vessel and gear licenses, hence would be in violation.

2. EMERGENCY REGULATION OF AUGUST 10, 1963

FINDING OF FACT

1. Verified reports indicate that substantial numbers of alien fishing and whaling vessels have penetrated Alaska's territorial watres and taken fish and whales therein.

2. Federal authorities have taken no action of any significance to stop these repeated incursions.

3. Further inactivity will only encourage increased foreign intrusions in clear violation of Alaskan sovereignty.

Pursuant to the authority vested in me by AS 16.05.270, AS 44.62.250, and section 102.99, title 5 of the Alaska Administrative Code, and to insure the immediate preservation of the public peace, safety, and general welfare, the following emergency regulation is adopted:

"Alien persons not lawfully admitted to the United States are prohibited from engaging in fishing or whaling activities in the waters of the State of Alaska."

Dated this 10th day of August 1963.

We believe the penalty provisions provided for in S. 1988 are modest. All of the fish taken in violation of S. 1988 should be forfeited. In addition to the

fact that the vessel may be forfeited, all appertenances to the vessel should
likewise be subject to forfeiture including the fishing tackle, nets, gear, and
miscellaneous fishing equipment. Such penalties certainly do not seem excessive
when many State statutes, as do Alaska's, provide for similar penalties including
imprisonment and forfeiture of vessels and gear to U.S. fishermen for violating
State regulations in our domestic fisheries.
Sincerely,

ALASKA DEPARTMENT OF FISH AND GAME,
WALTER KIRKNESS, Commissioner.

FIGURE 7. Avangard, of Vladivostok, against the Alaska shoreline. Photo by Alaska Department of Fish and Game shows the Russian whaler apparently changing course while the crew gathers at the stern rail. Just visible off port rail is captured whale being towed.