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 

 

 

[page break] 

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 

 

[page break] 

 

[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 

 

 

[page break]

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.

 

 

http://library.alaska.gov/hist/fulltext/ASL-KF50.U58v.43-p464.htm