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I FRYER MACHINE WORKS!
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Petersburg, Alaska
Dealers In
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V
I
‘ STRICT INTERPRETATION
OF THE LAWS OF THE
ALASKA FISHERIES
By Hon. Dan A. Sutherland
Delegate to Congress
’ -x
Washington, D. C.
, May 14 ,1929
Hon. Henry O’Malley,
U. S. Commissioner of Fisheries,
Washington, D. C.
Dear Sir:—
Your letter of April 22nd, 1929,
informing me that charges pre
ferred by residents of Yakutat
against Harry Pryde, Fish
Warden of that district had
been investigated by Agent
Winn and “It is Winn’s conclu
sion that the charges against
Mr. Pryde are wholly unfounded
and that he has performed his
duties as warden in a propei
and efficient manner” and that
you “concur in this conclusion
:s before me.
The Charges
The charges were to the ei
feet that Warden Pryde exer
cises his authority as fish ward
en in an autocratic and over
bearing manner and that he
discriminates against local re
sidents of Yakutat, both white
and native, and in favor of th
great commercial fishing com
pany located there, and that h»
has at all times exhibited * i
domineering attitude toward lo
cal residents and a subservieni
and servile attitude to the man
agement of the fishing corpora
tion.
The Facts
Inasmuch as you concur in the
report of Mr. Winn on this case.
I deem it my duty to call your
attention to what appear to me
to be the facts in the Yakutat
incident, and therefore I take
direct issue with you and Mr.
Winn regarding the facts upon
which your conclusion is based,
and I must certainly take ex
ception at this time to the
statement of Mr. Winn regard
ing “strict interpretation of the
law.” This phrase, “strict inter
pretation of the law” is made
use of so much by you and your
subordinates in the Bureau,
both orally and by letter, in de
fence of your organization’s
policies and the autocratic ac
tion of under-officials, such as
Warden Pryde, when complaint
is made by injured residents of
the fishing sections, that I be
lieve it well for me to call your
attention to the fact that if
your organization observed the
laws in letter and spirit, as well
as the fishing population of
Alaska, including Yakutat, ob
serve them there would be
much less discontent among the
'ocal people and much less con
demnation of the Fisheries Bu
reau.
i maintain tnat me provi
sions laid down in the Acts of
1906 and 1924 are not now and
never have been “strictly in
terpreted” by your Bureau, and
that the particular delinquency
3i the Bureau in this respect has
seen right at Yakutat Bay. The
solicy of Warden Pryde has
seen to “strictly interpret” the
vorking of his own mind and
not the law of fisheries in show
ng favors to the cannery man
igement and hounding the local
residents to the extent of for
Didding them to take fish for
iomestic use from waters where
:hey have always been accus
tomed to take them, and it Was
this action on the part of Mr.
Pryde, aided by his assistant in
autocracy, one Mike Karussos,
that started this recent Yaku
tat controversy and not as to
what constituted the mouth of
Ankow Creek, as claimed by Mr.
Winn. I hold that Mr. Winn is
entirely wrong in that assump
tion. The controversy arose oy
er “strict interpretation of the
provision of the law” which
you have quoted in full in your
letter:
“Sec. 4. That it shall be un
lawful 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 sueh
creek, stream, or river over
which the United States has
jurisdiction, excepting the Kar
luk and Ugashik Rivers; Pro
vided, That nothing contained
herein shall prevent the taking
of fish for local food require
ments.”
Here is the true history of the
case, the facts of which I have
confirmed by much correspond
ence with residents of Yakutat.
In the fall of 1927 two white
men, Jens Hansen and Walter
Thayer, who reside with their
families at Yakutat, took from
Ankow Inlet (an area closed to
commercial fishing) 62 salmon
for domestic use which they
salted for winter. They did this ;
as they believed, in strict com- j
pliance with the law, but were
afterwards a p p r e h e n d ed by
Warden Pryde. The sworn state
ment of Hansen and Thayer de
food—the Warden Pryde keeps
i watchman here constantly,
presumably so as to prevent the
residents of Yakutat to take
their food fish from here. We
made a haul and caught 62 sal
mon. These salmon we after
wards cured for winter’s food.
When Warden Pryde got hold of
the matter he began to take
steps to have us prosecuted. The
Libby’s fish Counter informed
him that we had sold no fish, or
delivered no fish to him, and
thus we did not use fish for com
mercial purposes. Yet, warden
Pryde did not stop at this, but
went to the Commissioner here
and sought to have arranged for !
us to plead guilty. But the Com- i
missioner here refused to push
the case, as he believed we had
violated no law, and Warden
Pryde was -thereupon taking
steps to bring the case to Ju
neau for the winter, but for
some reason no further action
was taken in our case.
“However, on returning in
1928 at the opening of the fish
ing season, Warden Pryde was
more determined than ever that
we residents should not take
food fish out of Ankow Inlet. He
caused markers to be placed 800
yards outside of entrance to In
let, which markers read that
all fishing except by spear, rod
or gaff is prohibited within these
markers. He further let us un
derstand that any one using any
different gear for catching food
fish in these closed waters,
would immediately be prosecut
ed. Thus the matter stands,
and Warden Pryde has succeed
ed in preventing us citizens and
bona fide residents of Yakutat
to take our food fish w^hich wre
badly need. And Warden Pryde
says he has the District Attor
ney, Mr. Harding, supporting
him in this move.”
Now the question of “strict
interpretation of the law’” un
der which Hansen and Thayer
caught salmon for food arises,
and although you have quoted
it in your letter of April 22nd,
1929, as well as in many other
letters, you have never present
ed an interpretation of it in its
application to taking “food for
local requirements.”. Section 4
limits all fishing in rivers and
streams to hand rod, spear and
gaff, and the Section termin
ates with this modifying provi
quantity for a family’s winter
sion: “PROVIDED, That noth
ing contained herein shall pre
vent the taking of fish for local
food requirements or for use as
dog feed.”
The Act does not prescribe
how fish for local requirements
shall be taken nor what form
of fishing gear shall be used.
This provision was placed in all
fish game laws for Alaska by
Congress on the sound pre
sumption that in a country
teeming wdth fish and game ani
mals there should be no restric
tions placed on the residents in
securing natural food necessary
for their requirements, and it is
my opinion that Congress did
not intend to have watchmen
like Mike Karussos or Warden
tJarry Pryde decide by what
method a resident of Alaska
should secure his food from riv
ers wherein commercial fishing
was excluded.
You will please bear in mind
that I am advancing a layman’s
opinion of the meaning of the
provision that protects resi
dents of Alaska from the perni
cious interference of fish ward
ens in obtaining food for local
consumption. I dislike to dif
fer in legal opinion with Mike
and Harry, but I cannot agree
with them that the-law means
that only rod, spear, or gaff
shall be used in the rivers of
Alaska to catch food for local
use. When Mike and Harry or
dered the closing of Ankow In
let to catching family food by
net, they knew that fishing with
rod, spear, or gaff was imprac
tical, and in fact impossible, in
the broad waters of the Inlet.
They also knew that many diffi
culties attended the taking of
fish outside of the Inlet, and so
it was evidently their purpose
to hamper local residents in
catching food salmon as much
as possible. Their motive could
certainly not have been conser
vation of fish, as they seemed
to recognize that by rod, spear,
or gaff methods, Hansen and
Thayer were entitled to what
fish they required for winter
use. In this case they took only
31 salmon each, a very small
supply.
To Be Continued
CLOSED AREAS
-o
A means of eliminating resi
dent seiners is the closed area
regulation. Saginaw Bay was
closed to a point outside of the
Bay. A trap just outside of the
boundary proved a failure, so
“Crisco” Henry changed, by re
gulation, the line of closed area-,
permitting the trap to be moved
in towards the bay a half mile.
For the sake of conservation, the
trap was moved in to a point
where it could catch more sal
mon. But the seiner could not
get any fish from that bay.
Every cloud has its silver lin
ing—for some one.
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H.OYAMA, PRO.
ttCy^'OWOOXv'OOOO'OOOOOOOOOOC"
C. H. Sundmacher
Attorney tit Law
Arctic Hotel Petersburg
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Light Delivery, Trucking
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OfficePhone 61
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Over People’s Drug Store
DRS. C. M. & R. L. C/FLSTN
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KETCHIKAN, ALASKA
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“Delicious” Hams and Bacon
And WILD ROSE LARD
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Petersburg, - - Alaska
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Best Meals Served at all times.
Service: 6 a, m. to 12 p. m. v
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