Chapter 272. For the protection of the fisheries of Alaska, and for other purposes
1,895 words·~9 min read·
/statutes-at-large/vol-43/chapter-272-2035092·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 272.— An Act For the protection of the fisheries of Alaska, and for other purposes. June 6, 1924.[[H. R. 8143](/us/bill/68/hr/8143).][[Public, No. 204](/us/pl/68/204).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Alaska.Fishing areas in waters of, to be set apart and closed seasons established. 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 Authority conferred upon Secretary of Commerce.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, Fishing in prohibited areas unlawful.methods, and extent of fishing as he may deem advisable. From and after the creation of any such fishing area and during the time 465fishing 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 anyRestriction in limited fishing areas. 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*Proviso*.Regulations of general application. 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 grantedExclusive rights forbidden. 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 areasLimited fishing not permitted in prohibited 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 CommerceFurther restrictions, etc., authorized. 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. It shall be unlawful to import or bring into the Territory ofImporting salmon taken from outside waters into Alaska during closed period unlawful. 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. Sec. 2. In all creeks, streams, or rivers, or in any other bodies ofIn all Alaskan waters an escapement of at least 50 per cent through racks, gateways, etc., must be allowed. 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 ran 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 perProhibition against more than 50 per cent.Declared intent of Congress of escapement required, etc. 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 diminished, or is diminishing, there shall be required a correspondingly increased escapement of fish therefrom. Sec. 3. Section 3 of the Act of Congress entitled “An Act for theVol. 34, p. 479, amended. protection and regulation of the fisheries of Alaska,” approved June 26, 1906, is amended to read as follows: " “Sec. 3. That it shall be unlawful to erect or maintain any dam,Stationary obstructions for taking any salmon in waters unlawful. 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 shoreDistance extended. is less than one thousand feet, or within five hundred yards of the mouth of any creek, stream, or river into which salmon run, excepting the Karluk and Ugashik Rivers, with the purpose or result ofDesignated rivers excepted. 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 obstructions 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 unlawfulDistances required in laying seines, traps, etc. 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 466or 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. " Sec. 4. Vol. 34, p. 479, amended. Section 4 of said Act of Congress approved June 26, 1906, is amended to read as follows: " “Sec. 4. Fishing for any salmon except by hand, etc., in creeks, etc., or near mouths thereof, unlawful. 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, or 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 *Proviso*.For local food excepted.and Ugashik Rivers: *Provided*, That nothing contained herein shall prevent the taking of fish for local food requirements or for use as dog feed.” " Sec. 5. Vol. 34, p. 479, amended. Section 5 of said Act of Congress approved June 26, 1906, is amended to read as follows: " “Sec. 5. Weekly closed season for taking salmon for sale, etc. 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 Food fishing excepted.conferred, but such authority shall not be exercised to prohibit the taking of fish for local food requirements or for use as dog feed. Advancing closed period allowed.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-All obstructions to be released during closed season.six-hour closed period herein stipulated. Throughout the weekly 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.” " Sec. 6. Punishment for violations of law or regulations. 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 Further fine for illegal obstructions, etc.*Ante*, p. 465.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. Seizure and forfeiture of boats, appliances, catch, etc.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 disposed of as other fines and forfeitures under the Court procedure.laws relating to Alaska. Proceedings for such forfeiture shall be in rem under the rules of admiralty. Officers empowered to arrest, etc.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. Sec. 7. Spawning provisions and penalties repealed.Vol. 34, pp. 480, 481, repealed.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 467under said laws shall continue and may be enforced in the samePrior acts, suits, etc., not affected, etc. 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. Sec. 8. Nothing in this Act contained, nor any powers hereinLegislature’s taxing powers, etc., not curtailed. conferred upon the Secretary of Commerce, shall abrogate or curtail the powers granted the TerritorialVol. 37, p. 512. Legislature of Alaska to impose taxes or licenses, nor limit or curtail any powers granted the Territorial 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.