Page images
PDF
EPUB

SEC. 2. That the catch and pack of salmon made in Alaska by the owners of private salmon hatcheries operated in Alaska shall be exempt from all license fees and taxation of every nature at the rate of ten cases of canned salmon to every one thousand red king salmon fry liberated, upon the following conditions: That the Secretary of Commerce may from time to time, and on the application of the hatchery owner shall, within a reasonable time thereafter, cause such private hatcheries to be inspected for the purpose of determining the character of their operations, efficiency, and productiveness, and if he approve the same shall cause notice of such approval to be filed in the office of the clerk or deputy clerk of the United States district court of the division of the district of Alaska wherein any such hatchery is located, and shall also notify the owners of such hatchery of the action taken by him. The owner, agent, officer, or superintendent of any hatchery, the effectiveness and productiveness of which has been approved as above provided shall, between the thirtieth day of June and the thirty-first day of December of each year, make proof of the number of salmon fry liberated during the twelve months immediately preceding the thirtieth day of June, by a written statement under oath. Such proof shall be filed in the office of the clerk or deputy clerk of the United States district court of the division of the district of Alaska wherein such hatchery is located, and when so filed shall entitle the respective hatchery owners to the exemption as herein provided; and a false oath as to the number of salmon fry liberated shall be deemed perjury and subject the offender to all the pains and penalties thereof. Duplicates of such statements shall also be filed with the Secretary of Commerce. It shall be the duty of such clerk or deputy clerk in whose office the approval and proof heretofore provided for are filed to forthwith issue to the hatchery owner, causing such proofs to be filed, certificates which shall not be transferable and of such denominations as said owner may request (no certificate to cover fewer than one thousand fry), covering in the aggregate the number of fry so proved to have been liberated; and such certificates may be used at any time by the person, company, corporation, or association to whom issued for the payment pro tanto of any license fees or taxes upon or against or on account of any catch or pack of salmon made by them in Alaska; and it shall be the duty of all public officials charged with the duty of collecting or receiving such license fees or taxes to accept such certificates in lieu of money in payment of all license fees or taxes upon or against the pack of canned salmon at the ratio of one thousand fry for each ten cases of salmon. No hatchery owner shall obtain the rebates from the output of any hatchery to which he might otherwise be entitled under this Act unless the efficiency of said hatchery has first been approved by the Secretary of Commerce in the manner herein provided for.

[blocks in formation]

SEC. 8. That is shall be unlawful for any person, company, or corporation wantonly to waste or destroy salmon or other food fishes taken or caught in any of the waters of Alaska.

[ocr errors]

SEC. 9. That it shall be unlawful for any person, company, or corporation canning, salting, or curing fish of any species in Alaska to use any label, brand, or trade mark which shall tend to misrepresent the contents of any package of fish offered for sale: Provided, That the use of the terms "red," "medium red," "I "pink," "chum," and so forth, as applied to the various species of Pacific salmon under present trade usages shall not be deemed in conflict with the provisions of this Act when used to designate salmon of those known species.

SEC. 10. That every person company, and corporation engaged in catching, curing, or in any manner utilizing fishery products, or in operating fish hatcheries in Alaska, shall make detailed annual reports thereof to the Secretary of Commerce, on blanks furnished by him, covering all such facts as may be required with respect thereto for the information of the Department. Such reports shall be sworn to by the superintendent, manager, or other person having knowledge of the facts, a separate blank form being used for each establishment in cases where more than one cannery, saltery, or other establishment is conducted by a person, company, or corporation, and the same shall be forwarded to the Department at the close of the fishing season and not later than December fifteenth of each year. SEC. 11. That the catching or killing, except with rod, spear, or gaff, of any fish of any kind of species whatsoever in any of the waters of Alaska over which the United States has jurisdiction, shall be subject to the provisions of this Act, and the Secretary of Commerce is hereby authorized to make and establish such rules and regulations not inconsistent with law as may be necessary to carry into effect the provisions of this Act.

SEC. 12. That to enforce the provisions of this Act and such regulations as he may establish in pursuance thereof, the Secretary of Commerce, is authorized and

directed to depute, in addition to the agent and assistant agent of salmon fisheries now provided by law, from the officers and employees of the Department of Commerce, a force adequate to the performance of all work required for the proper investigation, inspection, and regulation of the Alaskan fisheries and hatcheries, and he shall annually submit to Congress estimates to cover the cost of the establishment and maintenance of fish hatcheries in Alaska, the salaries and actual traveling expenses of such officials, and for such other expenditures as may be necessary to carry out the provisions of this Act.

[blocks in formation]

SEC. 14. That the violation of any provision of this Act may be prosecuted in any district court of Alaska or any district court of the United States in the States of California, Oregon, or Washington. And it shall be the duty of the Secretary of Commerce to enforce the provisions of this Act and the rules and regulations made thereunder. And it shall be the duty of the district attorney to whom any violation is reported by any agent or representative of the Department of Commerce to institute proceedings necessary to carry out the provisions of this Act.

SEC. 15. That all Acts or parts of Acts inconsistent with the provisions of this Act are, so far as inconsistent, hereby repealed.

SEC. 16. That this Act shall take effect and be in force from and after its passage.

Approved, June 26, 1906.

AN ACT To amend the act of Congress of June 26, 1906, entitled "An act for the protection 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 section 7 of the Act of June 26, 1906, entitled "An Act for the protection of the fisheries of Alaska, and for other purposes," is amended so that it will read as follows:

"SEC. 7. It shall be unlawful to preserve for sale as food for human consumption any salmon unless it shall have been canned, salted, iced, frozen, smoked, or dried within forty-eight hours after being killed."

Approved, February 28, 1929.

AN ACT To prohibit aliens from fishing in the waters of Alaska

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be unlawful for any person not a citizen of the United States, or who has declared his intention to become a citizen of the United States, and is not a bona fide resident therein, or for any company, corporation, or association not organized or authorized to transact business under the laws of the United States or under the laws of any State, Territory, or district thereof, or for any person not a native of Alaska, to catch or kill, or attempt to catch or kill, except with rod, spear, or gaff, any fish of any kind or species whatsoever in any of the waters of Alaska under the jurisdiction of the United States: Provided, however, That nothing contained in this Act shall prevent those lawfully taking fish in the said waters from selling the same, fresh or cured, in Alaska or in Alaska waters, to any alien person, company, or vessel then being lawfully in said waters: And provided further, That nothing contained in this Act shall prevent any person, firm, corporation, or association lawfully entitled to fish in the waters of Alaska from employing as laborers any aliens who can now be lawfully employed under the existing laws of the United States, either at stated wages or by piecework, or both, in connection with Alaska fisheries, or with the canning, salting, or otherwise preserving of fish.

SEC. 2. That every person, company, corporation, or association found guilty of a violation of any provision of this Act or of any regulation made thereunder shall, for each offense, be fined not less than one hundred dollars nor more than five hundred dollars, which fine shall be a lien against any vessel or other property of the offending party or which was used in the commission of such unlawful act. Every vessel used or employed in violation of any provision of this Act or of any regulation made thereunder shall be liable to a fine of not less than one hundred dollars nor more than five hundred dollars, and may be seized and proceeded against by way of libel in any court having jurisdiction of the offense.

SEC. 3. That the violation of any provision of this Act or of any regulation made thereunder may be prosecuted in any United States district court of Alaska, California, Oregon, or Washington.

SEC. 4. That the collector of customs of the district of Alaska is hereby authorized to search and seize every foreign vessel and arrest every person violating:

any provision of this Act or any regulation made thereunder, and the Secretary of Commerce shall have power to authorize officers of the Navy and of the Revenue Cutter Service and agents of the Department of Commerce to likewise make such searches, seizures, and arrests. If any foreign vessel shall be found within the waters to which this Act applies, having on board fresh or cured fish and apparatus or implements suitable for killing or taking fish, it shall be presumed that the vessel and apparatus were used in violation of this Act until it is otherwise sufficiently proved. And every vessel, its tackle, apparatus, or implements so seized shall be given into the custody of the United States marshal of either of the districts mentioned in section three of this Act, and shall be held by him subject to the proceedings provided for in section two of this Act. The facts in connection with such seizures shall be at once reported to the United States district attorney for the district to which the vessel so seized shall be taken, whose duty it shall be to institute the proper proceedings.

SEC. 5. That the Secretary of Commerce shall have power to make rules and regulations not inconsistent with law to carry into effect the provisions of this Act. And it shall be the duty of the Secretary of Commerce to enforce the provisions of this Act and the rules and regulations made thereunder, and for that purpose he may employ, through the Secretary of the Treasury and the Secretary of the Navy, the vessels of the United States Revenue Cutter Service and of the Navy: Provided, however, That nothing contained in this Act shall be construed as affecting any existing treaty or convention between the United States and any foreign power.

Approved, June 14, 1906.

AN ACT Making further provision for the fisheries of Alaska

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the Act approved June 6, 1924, entitled "An Act for the protection of the fisheries of Alaska, and for other purposes" (43 Stat. 464), as amended, is further amended by inserting in said section at the end of the first proviso thereof another proviso to read as follows: "Provided further, That in the area embracing Bristol Bay and the arms and tributaries thereof, no person shall at any time fish for or take salmon with a stake net or set net, for commercial purposes, unless such person shall have heretofore continuously resided for the period of at least five years within a radius of thirty miles of the place where such net is staked or set.

Approved, August 14, 1937.

BRISTOL BAY AREA FISHING REGULATIONS 1937

The Bristol Bay area is hereby defined to include all territorial coastal and tributary waters of Alaska from Cape Newenham to a point on the coast 3 statute miles south of Cape Menshikof.

SALMON FISHERY.-1. Commercial fishing for salmon is prohibited except within the following-described districts:

(a) Hagemeister district: Waters of Hagemeister Strait from 161 degrees 40 minutes west longitude to 160 degrees 38 minutes west longitude.

(b) Nushagak district: Waters of Nushagak Bay within a line from Point Protection to Etolin Point.

(c) Kvichak-Naknek district: Waters of Kvichak Bay within a line from Etolin Point to Middle Bluff Light on the eastern side of Kvichak Bay.

(d) Egegik district: Waters between an east and west line 8 statute miles north of South Spit, Egegik Bay, and an east and west line 10 statute miles south of South Spit.

(e) Ugashik district: Waters between an east and west line 3 statute miles north of Cape Greig and the southern limit of the area at a point on the coast 3 statute miles south of Cape Menshikof.

2. Commercial fishing for salmon shall be conducted solely by drift gill nets, set or anchored gill nets, and stake gill nets. The use of all other forms of fishing gear is prohibited.

3. Each drift gill net in operation shall be marked by a cluster of floats or corks at the ends, and double floats or corks shall be attached to the cork line at 25fathom intervals. The clusters of floats or corks at the ends and the double floats or corks at the 25-fathom intervals shall be painted bright red and legibly and plainly marked with the initials of the operator.

47570-38-12

4. Stake nets and set or anchored gill nets shall be operated in substantially a straight line.

5. Commercial fishing for salmon with stake nets or set or anchored gill nets shall be limited to beach areas between high and low water marks, exclusive of bars or flats that at low tide are not connected by exposed land to the shore or places not covered at high tide, and shall be confined to the following places:

(a) Nushagak district: Along the beach, except on the west side of Nushagak Bay from a point 2 statute miles south of Bradford Point to Coffee Point, and except along the east side of that bay from a point 1,000 yards southeast of Ekuk Bluff light to Etolin Point.

(b) Kvichak Bay: Along the beach on the southeast shore of the bay from Prosper Creek to Coffee Creek.

(c) Naknek Bay: Along the beach on the north side of the bay from a point 1,200 yards above the drift gill net prohibitive markers to a point 1,500 yards outside such markers, and along the beach on the south side of the bay from a point 1,200 yards above the drift gill net prohibitive markers to a point 3,000 yards outside such markers.

(d) Egegik Bay: Along the beach on the north side of the bay to a point 4,000 yards outside the drift gill net prohibitive marker, and on the south side of the bay to a point 1,000 yards outside such marker.

(e) Ugashik Bay and River: Along the beach on the north side of the bay from Pilot Station to Dago Creek, and along the beach on the east side of the river from a point 200 yards north of the Red Salmon Canning Co.'s cannery to a point 1,200 yards north of that cannery.

6. The combined take of red salmon for commercial purposes in the Hagemeister district shall not exceed 50,000 fish in any calendar year.

7. The total aggregate length of stake nets used by any individual shall not exceed 50 fathoms measured on the cork line.

8. In the Nushagak district the distance by most direct measurement from any part of one stake gill net or set or anchored gill net to any part of another stake gill net or set or anchored gill net shall not be less than 450 feet.

9. The total aggregate length of gill nets on any salmon fishing boat, or in use by such boat, shall not exceed 150 fathoms hung measure: Provided, That in the Nushagak district such nets shall not exceed 100 fathoms hung measure.

10. King-salmon nets shall have a mesh of at least 81⁄2 inches stretched measure between knots, and red-salmon nets shall have a mesh of at least 51⁄2 inches stretched measure between knots, as measured when actually in use. No red-salmon nets shall be over 28 meshes deep.

11. Prior to 6 o'clock antemeridian June 25 in each year commercial fishing for salmon with nets of mesh less than 81⁄2 inches stretched measure between knots is prohibited.

12. Commercial fishing for salmon is prohibited in the period from 6 o'clock antemeridian July 25 to 6 o'clock antemeridian August 3.

13. The trailing of web behind any fishing boat is prohibited above the markers fixing closed waters.

14. The use of motor-propelled fishing boats in catching salmon is prohibited. 15. Each salmon-fishing boat in operation shall be legibly and plainly marked with the initials or symbol of the person, company, or corporation owning, operating, or using same, together with a distinctive number which shall identify each particular boat, said letters, symbols, and numbers to be not less than 6 inches in length. Each person, company, or corporation operating two or more salmonfishing boats shall have said boats numbered consecutively, beginning with number 1 for each plant. Boats operated by Alaska residents shall have in addition, the letter "A" before the number. Each season, prior to the opening date for commercial fishing, the initials or symbol, and number of each boat shall be furnished in writing to the agent of the Bureau of Fisheries in charge of the district in which said boat shall operate.

16. The use of smelt nets is prohibited in localities where young salmon are migrating.

17. The 36-hour weekly closed period for salmon fishing prescribed by section 5 of the act of June 6, 1924, is hereby extended to include the period from 6 o'clock antemeridian Wednesday to 6 o'clock antemeridian Thursday of each week, making a weekly closed period of 60 hours: Provided, That in the waters of Kvichak Bay between the line extending across the bay from the marker on a high point on the east bank of Prosper Creek, about 700 yards above the Koggiung cannery of the Alaska Packers Association, to the marker on the opposite side, the course being about north, 44 degrees west, magnetic, and the line extending across the bay from a marker at Jensen Creek, the course being north, 54 degrees west,

magnetic, to a marker on the opposite shore about 11⁄2 miles west of Squaw Creek, the 36-hour weekly closed period for salmon fishing prescribed by section 5 of the act of June 6, 1924, is hereby extended to include the period from 6 o'clock postmeridian of Saturday of each week to 6 o'clock antemeridian of the Tuesday following and the period from 6 o'clock antemeridian Wednesday to 6 o'clock antemeridian Thursday of each week, making a weekly closed period of 84 hours. 18. All commercial fishing for salmon is prohibited as follows:

(a) Nushagak Bay: All waters northward of a line from a marker 2 statute miles below Bradford Point to a marker on the opposite shore at Nushagak Point: Provided, That stake nets or set or anchored gill nets limited to beach areas between high and low watermarks will be permitted to the old prohibitive line from Snag Point to the old village on the east bank.

(b) Kvichak Bay: All waters above a line extending at right angles across Kvichak Bay from the marker on a high point on the east bank of Prosper Creek, about 700 yards above the Koggiung cannery of the Alaska Packers Association, to the marker on the opposite side, the course being about north, 44 degrees west, magnetic.

(c) Naknek Bay: All waters within 1 statute mile of the mouth of the Naknek River: Provided, That stake nets or set or anchored gill nets limited to beach areas between high and low watermarks will be permitted on each side of the bay to a point 1,200 yards above the drift gill net prohibitive markers.

(d) Egegik Bay: All waters above a line extending at right angles across said bay from a marker on the north bank 250 yards east of Libby, McNeill & Libby's cannery building to a marker on the south bank 175 yards east of the Alaska Packers Association's new cannery building.

(e) Ugashik River and Bay: All waters above a line extending at right angles across said river 500 yards below the mouth of King Salmon River: Provided, That stake nets or set or anchored gill nets limited to beach areas between high and low watermarks will be permitted on the east side of the river from a point 200 yards north of the Red Salmon Canning Co.'s cannery to a point 1,200 yards north of that cannery.

REPORT TO THE UNITED STATES SENATE ON SUBSIDIES AND BOUNTIES TO FISHERIES ENTERPRISES BY FOREIGN GOVERNMENTS [Report 116, Second Series, U. S. Tariff Commission, pp. 55-67]

JAPAN

GENERAL CHARACTER OF THE JAPANESE FISHERIES

Fisheries are a basic factor in the economic structure of Japan, The fishing areas extend from the South China Sea to and including Alaska waters. The principal fisheries are off the coasts of Japan and Siberia. In the shore fisheries of Siberia, the Japanese operate under special concession from the Soviet Union; the chief species in that area is salmon. The rivers, streams, and fresh-water lakes of Japan also abound in fish and shellfish.

In recent years Japanese fishing methods have been greatly modernized, much of the equipment being of the most advanced type. Improvements have likewise been made through the operation of floating factories for the production of canned and frozen fishery products, fish meal, and fish oil.

Aquiculture is also highly developed in Japan, the chief products being carp, eels, oysters (including pearl oysters), and goldfish.

About 1,500,000 persons are engaged in the fisheries, exclusive of those employed in preparing fish products. However, not all of these are on full-time work.

Vessels engaged in fishing in 1933 numbered about 363,000, of which 49,000 were equipped with motors and 314,000 were without. In 1928 the fleet included only 25,000 vessels with motors. With the development of motor vessels there has been a decline in saildriven craft.

« PreviousContinue »