ASL-KF50.U58v.43-p464
[page] 464 SIXTY-EIGHTH CONGRESS. SESS.I. CHS. 270-272. 1924.
June 6, 1924.
[H.R. 8143.]
[Public, No, 204.]
CHAP. 272.—An Act For the protection of the fisheries of Alaska, and for
other purposes.
Alaska.
Fishing areas in
waters of, to be set
apart and closed sea-
sons established.
Authority conferred
upon Secretary of Com-
merce.
Fishing in prohibited
areas unlawful.
Be it enacted by the Senate and House of Representatives
of the
United States of America, in Congress assembled, That for the
purpose of protecting and conserving the fisheries of the United
States in all waters of Alaska the Secretary of Commerce from time
to time may set apart and reserve fishing areas in any of the waters
of Alaska over which the United States has jurisdiction, and within
such areas may establish closed seasons during which fishing may be
limited or prohibited as he may prescribe. Under this authority to
limit fishing in any area so set apart and reserved the Secretary may
(a) fix the size and character of nets, boats, traps, or other gear
and appliances to be used therein; (b) limit the catch of fish to be
taken from any area; (c) make such regulations as to time, means,
methods, and extent of fishing as he may deem advisable. From and
after the creation of any such fishing area and during the time
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SIXTY-EIGHTH CONGRESS. sess. I. ch. 272. 1924. [page] 465
Restriction in limited
fishing areas.
Proviso.
Regulations of gen-
eral applications.
Exclusive rights for-
bidden.
Limited fishing not
permitted in prohib-
ited areas.
Further restrictions,
etc., authorized.
fishing is prohibited therein it shall be unlawful to fish therein or to
operate therein any boat, seine, trap, or other gear or apparatus for
the purpose of taking fish; and from and after the creation of any
such fishing area in which limited fishing is permitted such fishing
shall be carried on only during the time, in the manner, to the extent
and in conformity with such rules and regulations as the Secretary
prescribes under the authority herein given: Provided, That every
such regulation made by the Secretary of Commerce shall be of
general application within the particular area to which it applies
and that no exclusive or several right of fishery shall be granted
therein, nor shall any citizen of the United States be denied the
right to take, prepare, cure, or preserve, fish or shellfish in any area
of the waters of Alaska where fishing is permitted by the Secretary
of Commerce The right herein given to establish fishing areas and
to permit limited fishing therein shall not apply to any creek stream
river, or other bodies of water in which fishing is prohibited by
specific provisions of this Act, but the Secretary of Commerce
through the creation of such areas and the establishment of closed
seasons may further extend the restrictions and limitations imposed
upon fishing by specific provisions of this or any other Act of
Congress.
Importing salmon
taken from outside
waters into Alaska dur-
ing closed period un-
lawful.
It shall be unlawful to import or bring into the Territory of
Alaska, for purposes other than personal use and not for sale or
barter, salmon from waters outside the jurisdiction of the United
States taken during any closed period provided for by this Act or
regulations made thereunder.
In all Alaskan waters
an escapement of at
least 50 per cent
through racks, gate
ways, etc., must be al-
lowed.
Prohibition against
more than 50 per cent
Declared intent of
Congress of escape-
ment required, etc.
sec. 2. In all creeks, streams, or rivers, or in any other bodies of
water in Alaska, over which the United States has
jurisdiction, in
which salmon run, and in which now or hereafter there exist racks,
gateways, or other means by which the number in a run may be
counted or estimated with substantial accuracy, there shall be
allowed an escapement of not less than 50 per centum of the total
number thereof. In such waters the taking of more than 50 per
centum of the run of such fish is hereby prohibited. It is hereby
declared to be the intent and policy of Congress that in all waters of
Alaska in which salmon run there shall be an escapement of not less
than 50 per centum thereof, and if in any year it shall appear to the
Secretary of Commerce that the run of fish in any waters has dimin-
ished, or is diminishing, there shall be required a correspondingly
increased escapement of fish therefrom.
Vol. 34, p. 479, amend-
ed.
sec. 3. Section 3 of the Act of Congress entitled “An Act for the
profection and regulation of the fisheries of Alaska,” approved June
26, 1906, is amended to read as follows:
Stationary obstruc-
tions for taking any
salmon in waters in-
lawful.
Distance extend.
Designated rivers ex-
cepted.
Distances required
in laying seines, traps,
etc.
“sec. 3. That it shall be unlawful to erect or maintain any dam,
barricade, fence, trap, fish wheel, or other fixed or stationary
obstruction, except for purposes of fish culture, in any of the
waters of Alaska at any point where the distance from shore to shore
is less than one thousand feet, or within five hundred yards of the
mouth of any creek, stream, or river into which salmon run, except-
ing the Karluk and Ugashik Rivers, with the purpose or result of
capturing salmon or preventing or impeding their ascent to the
spawning grounds, and the Secretary of Commerce is hereby
authorized and directed to have any and all such unlawful obstruc-
tions removed or destroyed. For the purposes of this section, the
mouth of such creek, stream, or river shall be taken to be the point
determined as such mouth by the Secretary of Commerce and
marked in accordance with this determination. It shall be unlawful
to lay or set any seine or net of any kind within one hundred yards
of any other seine, net, or other fishing appliance which is being or
which has been laid or set in any of the waters of Alaska, or to drive
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[page]466 SIXTY-EIGHTH CONGRESS. sess. I. ch. 272. 1924.
or to construct any trap or any other fixed fishing appliance within
six hundred yards laterally or within one hundred yards endwise of
any other trap or fixed fishing appliance.
Vol.34, p.478, amend-
ed.
Section 4 of said Act of Congress approved June 26, 1906,
is amended to read as follows:
Fishing for any sal-
mon except by hand,
etc., in creeks, etc., or
near mouths thereof,
unlawful.
Proviso.
For local food ex-
cepted.
“sec. 4. That it shall be unlawful to fish for, take, or kill any
salmon of any species or by any means except by hand rod, spear,
gaff in any of the creeks, streams, or rivers of Alaska; or within
five hundred yards of the mouth of any such creek, stream, or river
over which the United States has jurisdiction, excepting the Karluk
and Ugashik Rivers: Provided That nothing contained herein shall
prevent the taking of fish for local food requirements or for use as
dog feed.”
Vol. 34,p.479, amend-
ed.
sec. 5. Section 5 of said Act of Congress approved June 26, 1906,
is amended to read as follows:
Weekly closed season
for taking salmon for
sale, etc.
Food fishing except,-
ed.
Advancing closed
period allowed.
All obstructions to be
released during closed
season.
“sec. 5. That it shall be unlawful to fish for, take, or kill any
salmon of any species in any manner or by any means except by hand
rod, spear, or gaff for personal use and not for sale or barter in any
of the waters of Alaska over which the United States has jurisdiction
from six o'clock post meridian of Saturday of each week until six
o'clock antemeridian of the Monday following, or during such
further closed time as may be declared by authority now or hereafter
conferred, but such authority shall not be exercised to prohibit the
taking of fish for local food requirements or for use as dog feed.
Whenever the Secretary of Commerce shall find that conditions in
any fishing area make such action advisable, he may advance twelve
hours both the opening and ending time of the minimum thirty-
six-hour closed period herein stipulated. Throughout the weekly
season, closed season herein prescribed the gate, mouth, or tunnel of all
stationary and floating traps shall be closed, and twenty-five feet
of the webbing or net of the heart of such traps on each side next
to the ‘pot’ shall be lifted or lowered in such manner as to permit
the free passage of salmon and other fishes.”
Punishment for vio-
lations of law or regula-
tions.
Further fine for ille-
gal obstructions, etc.
Ante, p. 465.
Seizure and forfeiture
of boats, appliances,
catch, etc.
Sale etc., on order of
court.
Court procedure.
Officers empowered
to arrest, etc.
sec. 6. Any person, company, corporation, or association violating
any provision of this Act or of said Act of Congress approved June
26, 1906, or of any regulation made under the authority of either,
shall, upon conviction thereof, be punished by a fine not exceeding
$5,000 or imprisonment for a term of not more than ninety days in
the county jail or by both such fine and imprisonment; and in case
of the violation of section 3 of said Act approved June 26, 1906, as
amended, there may be imposed a further fine not exceeding $250
for each day the obstruction therein declared unlawful is maintained.
Every boat, seine, net, trap, and every other gear and appliance used or
employed in violation of this Act or in violation of said Act approved
June 26, 1906, and all fish taken therein or therewith, shall be
forfeited to the United States, and shall be seized and sold under
the direction of the court in which the forfeiture is declared, at public
auction, and the proceeds thereof, after deducting the expenses of
sale, shall be deposed of as other fines and forfeitures under the
laws relating to Alaska. Proceedings for such forfeiture shall be
in rem under the rules of admiralty.
That for the purposes of this Act all employees of the Bureau of
Fisheries, designated by the Commissioner of Fisheries, shall be
considered as peace officers and shall have the same powers of arrest
of persons and seizure of property for any violation of this Act as
have United States marshals or their deputies.
Spawning provisions
and penalties repealed.
Vol. 34, pp. 480. 481,
repealed.
sec. 7. Sections 6 and 13 of said Act of Congress approved June
26, 1906, are hereby repealed. Such repeal, however, shall not affect
any act done or any right accrued or any suit or proceeding had or
commenced in any civil cause prior to said repeal, but all liabilities
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SIXTY-EIGHTH
CONGRESS. sess.I chs. 272, 273.
1924. [page]467
Prior acts, suits, etc.,
not affected, etc.
under said laws
shall continue and may be enforced in the same
manner as if
committed, and all penalties, forfeitures, or liabilities
incurred prior to
taking effect hereof, under any law embraced in,
changed, modified,
or repealed by this Act, may be prosecuted and
punished in the same
manner and with the same effect as if this Act
had not been passed.
Legislature's
taxing
powers, etc., not
cur-
tailed.
Vol. 37, p. 512.
sec.
8. Nothing in this Act
contained, nor any powers herein
conferred upon the
Secretary of Commerce, shall abrogate or curtail t;
the powers granted
the Territorial Legislature of Alaska, to impose
taxes or licenses,
nor limit or curtail any powers granted the Terri-
torial Legislature
of Alaska by the Act of Congress approved August
24, 1912, " To
create a legislative assembly in the Territory of Alaska,
to confer
legislative power thereon, and for other purposes.”
Approved, June 6,
1924.
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