Chapter 3299. To prohibit aliens from fishing in the waters of Alaska
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CHAP. 3299.— An Act To prohibit aliens from fishing in the waters of Alaska. June 14, 1906. [[S. 267](/us/bill/59/s/267).] [[Public, No. 228](/us/pl/59/228).] *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 Alaska.Fishing in waters of, by aliens, except with rod, etc., prohibited.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 Provisos.Sale of fish to aliens permitted.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 Alaskan 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 264entitled 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 Alaskan fisheries, or with the canning, salting or otherwise preserving of fish.
Penalty for violations. 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 tine 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 tine 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.
Prosecution. 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. Seizures and arrests. 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 and Labor shall have power to authorize officers of the Navy and of the Revenue-Cutter Service and agents of the Department of Commerce and Labor 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 he 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 seizure 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. Enforcement of regulations. Sec. 5. That the Secretary of Commerce and Labor 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 and Labor 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-*Proviso.* Existing treaties, etc., not affected.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.