Chapter 185. To amend the Alaska game law
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CHAP. 185.— An Act To amend the Alaska game law. February 14, 1931.[[H. R. 11285](/us/bill/71/hr/11285).][[Public, No. 664](/us/pl/71/664).] *Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled*, That section 2 of Alaska game law, amendments.Vol. 43, p. 739, amended.[U. S. C. p. 1573. amended](/us/usc/p1573).the Act entitled “An Act to establish an Alaska Game Commission to protect game animals, land fur-bearing animals, and birds in Alaska, and for other purposes,” approved January 13, 1925 (43 Stat.
T39), is amended under the definition “ game animals ” following “Game animals, etc.”Definition extended.the comma after the word “ bears ” by adding the words “ and such other animals as have been or may hereafter be introduced,” and under the definition “ game birds ” following the comma after the word “ ptarmigan ” by adding the words “and such other birds as have been or may hereafter be introduced.” Sec. 2. That section 3 of the Act is amended by striking out in Residence requirements.line 3 thereof the words “not less than one year,” and following the comma in line 4 thereof by adding the words “ for not less than one year immediately preceding his claim for resident privileges.
” Sec. 3. That section 5 of the Act is amended by striking out the Game wardens.Part stricken outVol. 43, p. 742, amended.sentence beginning with the word “ Any ” in line 23 thereof and ending in line 29, and by inserting in lieu thereof the following: “Any officer or employee empowered to enforce this Act shall have Authority to search, defined.authority without warrant to search any camp, camp outfit, pack or pack animals, automobile, wagon, or other vehicle, sled, or any boat, vessel, or other craft, in the Territorial waters of the United States, or any boat, vessel, or other craft of the United States on 1112the high seas when such officer or employee has reasonable cause to believe that such camp, camp outfit, pack or pack animals, automobile, wagon, or other vehicle, sled, boat, vessel, or other craft has therein or thereon any of the animals or birds, or parts thereof, protected by this Act, taken, possessed, sold, intended for sale, or transported contrary to law.
” Sec. 4. Recapture of land fur-bearing, etc., animals.Regulations governing.Uses as food.“Or other commercial mess house” deleted. That section 8 of said Act is amended by inserting after the word “owners,” in line 15 thereof, the words “in accordance with regulations prescribed by the Secretary of Agriculture.” Sec. 5. That section 10 of said Act is amended by striking out in line 25 thereof the words “ or other commercial mess house.” That section 10 is further amended by adding at the end of said section *Proviso*.Protection of notices, dogs, or other property of commission.the following:
"“*Provided*, That no person shall knowingly disturb, injure, or destroy any notice, signboard, seal, boat, vessel, sled, dog, or dog team, paraphernalia, or equipment, building, or other improvement or property of the United States used by the commission in the administration and/or enforcement of the provisions of this Vol. 43, p. 744, amended.Act, or as a notice to the public concerning the provisions of this Act or any regulation adopted pursuant thereto, or as a marker of the boundary of any area closed to hunting, trapping, or other special use under the provisions of this Act, or to destroy, remove, tamper with, or imitate any metal seal or seals issued by the com-mission and attached to any skin, portion, or specimen of a wild animal or bird or other article for purposes of identification under its authority, in accordance with the provisions of this Act or any Resident shipping license.Vol. 43, p. 744, amended.regulation thereunder.
” " Sec. 6. That subdivision B of section 11 of said Act is amended to read as follows: " “Subdivision B. Permits to export game.Requirements specified. Resident export license and permit.—That no resident of the Territory shall transport therefrom any game animal, bird, or part thereof, unless he has
(a)a resident export and return license, which will entitle him to transport out of the Territory for mounting and return to him in the Territory within one year such game animal, bird, or part thereof, as shall have been legally acquired by him and which shall be specifically identified in license, or
(b)a resident export permit, which may be issued by the commission in its discretion, and which will entitle him to export from the Territory for other than return, but not for sale, such game animal, bird, or part thereof as shall have been legally acquired by him and which shall be specifically identified in the permit.” " Sec. 7. Hunting and trapping.Fees for, reduced. That subdivision C of section 11 of said Act is amended by striking out “ $2 ” where it first occurs therein and by inserting in lieu thereof “ $1,” and by adding after the word “ franchise ” in Residents under 16, exempt.*Proviso*.Hunting privilege of licensed trapper.Effective date of commission’s regulations.line 10 thereof a colon, and the words “or of residents under the age of sixteen: *Provided*, That a licensed trapper shall be entitled to the privilege of hunting without a hunting license.”, and by striking out the word “ sixty ” and “ adoption ” in line 11 thereof and by inserting in lieu thereof the words “ ninety ” and “publication, respectively. Sec. 8. Registered guides.Form for keeping records changed. That subdivision D of section 11 of said Act is amended by striking out in lines 5 and 6 thereof the words “ in a book which it shall keep ” and insert in lieu thereof the words “ on a form which it shall provide.” Sec. 9. That subdivision F of section 11 of said Act is amended to read as follows: " “Subdivision F. Reports and records of licensees.Clarifying provisions.Vol. 41, p. 745, amended. Records, Reports.—Each person to whom a license is issued to take animals or birds, or to deal in furs, shall keep records which shall show the kind and number of each species of animals or birds so taken, purchased, or otherwise procured under 1113such license, the persons from whom they were purchased and to whom they were sold, date of purchase or sale, name of the trapper, and the number of the trapper’s license, and shall, on or before thirty days after the expiration of his license, make a written report to the commission on a form prepared and furnished by it setting forth in full the data herein required to be recorded. Such records Examination of records.shall at all reasonable times be subject to inspection and examination by a member of the commission and any of its employees and by any marshal or deputy marshal. Any licensee who shall fail correctly Penalty for failure.to keep such records or who shall fail to submit such report or who shall in any such report knowingly falsely state any such data or who shall refuse to exhibit his records for inspection and examination as herein required shall be punished as prescribed in section 15 of *Post*, p. 1114.this Act.” " Sec. 10. That, effective July 1, 1931, subdivision H of section 11 Licenses for fur dealers.Added exemptions.Vol. 43, p. 745, amended.Native, etc., cooperative stores.of said Act is amended by inserting after the word “franchise” in line 8 thereof the following: “or of cooperative stores operated exclusively by and for native Indians, Eskimos, or half-breeds, or of stores operated by missions exclusively for native Indians, Eskimos, or half-breeds: *Provided*, That the stores exempted from procuring *Proviso*.Records and reports required.licenses as herein provided shall, on or before thirty days after the expiration of each license year as specified in this Act, make a written statement to the commission on a form prepared and furnished by it setting forth such material facts concerning the management and operation of such store as the commission may by such form require and in addition thereto shall keep the records, make the reports, incur the penalties, and in all other respects be Penalties.subject to the requirements of subdivision F of Section 11 to the same extent as licensed fur dealers,” and by striking out all after the colon in line 14 thereof and inserting in lieu thereof the following: " “(a) If the applicant is a resident of the Territory, $10; or is Schedule of fees.Residents.an association or copartnership composed exclusively of residents of the Territory, organized under the laws of the Territory, for each member, $10. “(b) If the applicant is a nonresident of the Territory who is a Nonresident citizens, etc.citizen of the United States, or is a corporation composed exclusively of citizens of the United States, organized under the laws of the Territory or of a State of the United States, or is an association or copartnership composed exclusively of citizens of the United States, organized under the laws of the Territory or of a State of the United States, any member of which is a nonresident of the Territory, $100. “(c) If the applicant is an alien, or is a corporation, association, Aliens.or copartnership, not organized under the laws of the Territory or of a State of the United States, or is a corporation, association, or copartnership, any stockholder or member of which is an alien, $500. “(d) If the applicant is a resident of the Territory and an agent Resident agent.in charge of a station of a fur dealer of either of the classes (a), (b), or (c), or a resident itinerant agent of such dealer, $10. “(e) If the applicant is a nonresident of the Territory but a Nonresident agent.citizen of the United States and an agent in charge of a station of a fur dealer of either of the classes (a), (b), or (c), or a nonresident citizen itinerant agent of such dealer, $100. “(f) If the applicant is an alien and an agent in charge of a Alien in charge, etc.station of a fur dealer of either of the classes (a), (b), or (c), or an alien itinerant agent of such dealer, $500: *Provided*, That no *Proviso*.Bar to agentlicense shall be issued to any agent whose principal has not procured a license in accordance with (a), (b), or (c).” " 1114 Sec. 11. That, effective July 1, 1931, Subdivision I of section 11 of said Act is amended to read as follows: " “Subdivision I. Licenses and permits.Issuance of, modified.Vol. 43, p. 745, amended. Fees and applications for, and issuance of licenses and permits.—Licenses and resident export permits shall be issued by the commission through its members, game wardens, and other persons authorized by it in writing to sell licenses. Resident export licenses and permits may also be issued by customs officers. Application blanks for licenses and permits shall be Application.furnished by the commission and shall be in such form as the commission may by regulation determine. Each application shall be subscribed and sworn to by the applicant before an officer authorized to administer oaths in the Territory. Members of the commission and its game wardens and other persons authorized in writing by it to issue licenses, and postmasters and customs officers, are hereby authorized to administer such oaths. The applicant for a license or resident export permit shall accompany his application with a Fees.license or permit fee as follows: Nonresident general hunting and trapping license, $50; nonresident small-game hunting license, $10; resident export and return license, $1 for each trophy; resident export permit, if removing residence, $1 for each animal, $1 for each bird, if otherwise, $5 for each animal, $1 for each bird; registered guide license, $10; alien special license, $100; and fur-farm license, $2.” " Sec. 12. Disposal of seized articles.*Proviso*.Authority conferred. Section 13 of said Act is amended by adding at the end thereof the following: "“*Provided*, That no action in rem shall be required with respect to any wild animal or bird, or part thereof, or any gun, net, trap, or other device possessed or used in or in aid of a violation of this Act and legally seized when the claimant thereof Proceeds of sale.releases such article or articles to the United States by a voluntary release in writing witnessed by two disinterested parties, in which case such articles shall be disposed of by the commission and if sold the proceeds shall be disposed of as provided in this section.” " Sec. 13. Penalties.Vol. 43, p. 747, amended.*Ante*, p. 1113.Forfeiture of license privileges. Section 15 of said Act is amended by striking out all the words between the semicolons in lines 7 and 10 thereof and by inserting in lieu thereof the following: “ and, in addition thereto, any person convicted of a violation of any provision of this Act who is the holder of any form of license issued thereunder shall thereupon forfeit said license and shall surrender it upon demand of any person Second, etc., offenses.authorized by the commission to receive it, and upon a second conviction he shall not be entitled to, nor shall he be granted, a license of such form for a period of one year from date of such forfeiture, and upon a third or successive conviction, for a period of five years Cooperative stores included.from the date of such forfeiture; and any cooperative store operated exclusively by and for native Indians, Eskimos, or half-breeds, or any store operated by missions exclusively for native Indians, Eskimos, or half-breeds, without a license as provided in this Act, upon a second or third conviction for violation of this Act, shall not be entitled to engage in the business of dealing in furs for such time *Proviso*.Imposition on first, etc., offenders.as the court before whom such conviction is had may decide: *Provided*, That such prohibition shall not be imposed for the first conviction, nor for a period in excess of one year from date of the second conviction, nor for a period in excess of five years from date of the third or any subsequent conviction.” Sec. 14. Administrative provisions. Section 16 of said Act is amended to read as follows: " “Sec. 16. Administration of oaths for purposes of Vol. 43, p. 747, amended.prosecution—coordination of fiscal business.—That such officers, agents, or employees of the Secretary of Agriculture or the Alaska Game Commission as may be designated in writing by said Secretary or Oaths, etc.commission for the purpose are hereby authorized and empowered to administer to or take from any person, an oath, affirmation, or 1115affidavit whenever such oath, affirmation, or affidavit is for use in any prosecution or proceeding under or in the enforcement of this Act; and, in order to coordinate the fiscal business of the United States Department of Agriculture and the Alaska Game Commission in Alaska, the ex officio commissioner of said department in Alaska Disbursement and receipt of public funds.Vol. 44, p. 1068.designated by the Secretary of Agriculture pursuant to the authority contained in the Act of February 10, 1927 (44 Stat. pt. 2, p. 1068), with the approval of said commission, may assign a bonded disbursing officer of said department stationed in Alaska to perform Tranter of duties concerning, to fiscal agent of Department of Agriculture.and discharge, without additional compensation, so much of the duties imposed and conferred upon the executive officer of said commission by this Act as consist of the disbursement and receipt of public funds; and during the continuation of such assignment the bond of such executive officer required by section 6 of this Act shall Bond, etc.Vol. 43, p. 742.be reduced to $1,000, and the bond of the disbursing officer so assigned shall be increased by the amount of $20,000, the premium for such additional amount to be paid as provided for in said section 6 of this Act.” " Approved, February 14, 1931.