On January 22 Mr. Sulzer of Alaska
introduced in the house of representa
tives the following bill, which was re
ferred to the committee on the mer
chant marine and fisheries and order
ed to be printed:
A bill for the regulation and protection i
of the fisheries of the territory of
Alaska, and for other purposes.
Be is enacted by the senate and i
bouse of representatives of the United
States of America in congress assem
bled : That there is hereby created the
office of commissioner of fisheries for
the territory of Alaska, whose annual
compensation shall be $7,500. Said
commissioner shall be appointed by
the President of the United States, by
and with the advice and consent of the
senate, and shall serve for a term of
four years, unless sooner removed by
the President. Said commissioner shall
have the power to appoint not to ex
ceed five deputy fish commissioners
at an annual compensation of $4,000
each, and such deputies shall have a
thorough knowledge of the fisheries of
Alaska and an experience that shall
pualify them in the administration of
7he provisions of this act.
Sec. 2. That the commissioner of
i.sheries for Alaska shall, as soon as
practicable after being commissioned,
establish his permanent office at Ju
neau, Alaska, and he shall divide the
territory into fishery districts apd
place a deputy commissioner in charge
of each district, but such deputies shall
be at all times under the direction and
supervision of the commissioner of
fisheries for Alaska. Previous to the ,
opening of each salmon season, or as (
soon as practicable thereafter, the |
commissioner of fisheries for Alaska .
thall engage not to exceed one hun- j
dred and fifty fish wardens to serve
during the salmon season, or at other
times that are necessary, but not long- 1
•ar than a period of one hundred and '
twenty days in any one year. The com- ]
pensation of such wardens shall be $5 1
per day. The necessary number of '!
such wardens shall be stationed dur-|^
ing the period of their employment by *
the commissioner of fisheries for Alas- C
ka near the mouths of the most im- 1
portant salmon streams of Alaska to 8
je designated by the commissioner
!rom time to time as the preservation
a: (he salmon supply may in his judg-!
:ent indicate. Fish wardens appoint-1 '
■e#-under the provisions of this act'f
.shall have been bona fide residents of
territory of Alaska for at least one '
year prior to their employment as|(
wardens; they shall have, as far as j
possible, a practical knowledge of the
isheries of Alaska and be acquainted
with the vicinity of their station. It ,
-hall be the duty of the fish wardens •*
to guard the salmon stream at which
they may be stationed and, so far as
practicable, all near-by streams and
waters to prevent the violation of any
e
of the provisions of this act or any
laws for the protection of the Alaska ,
L
fisheries or the game or fur-bearing i
animal or birds of Alaska; they shall
maintain a watch over all fixed or
movable fishing gear within their im- 0
mediate locality; they shall prevent,
y
as far as possible, the destruction of
salmon or salmon spawn by predatory
animals, birds, or other fish, and shall j
aid and assist the salmon in reachingjs
the spawning grounds by the removal j11
of obstructions in the streams, the 0
construction of fishways, ladders, and s
so forth, and the improvement of the '
stream for spawning purposes, all as s
may be directed by the commissioner ^
of fisheries for Alaska. r
Sec. 3. That the commissioner of 1
fisheries for Alaska shall provide,c
■w here necessary for each fish warden. *
at his station a suitable camp, boat,]1
arms, ammunition, tools, and such 1
other necessities as may be required! i
in the performance of his duty at a J1
cost not to exceed $150 for each sta-('
tion during the first season of its es-!f
tablishment and an upkeep cost of not <
to exceed $50 for each subsequent sea- 1
son: Provided, That any camp or sta- 1
lion may be moved from one stream
to another or from one locality to an
other at the discretion of the commis
sioner of fisheries for Alaska.
Sec. 4. That any fish warden pro
vided for by this act who shall know
ingly or willfully permit the violation
ot any of the provisions of this act or
become derelict in the performance
of his puty to the extent of permit
ting unlawful fishing or destruction of
salmon shall, upon conviction thereof,
be funished by a fine of not less than
$500 or more than $1,000, or by im
prisonment for not less than ninety
days or more than one year, or by both
such fine and imprisonment, and shall
be disqualified from holding any of
fice or employment under this act.
Sec. 5. That the commissioner of
fisheries for Alaska is authorized and
directed to lease fish trap or pound
net locations to citizens of the United
States upon the tidelands and in the
sea waters of Alaska (excluding those
surrounding the Pribilof Islands), for
periods of five years, and thereafter
for successive periods of five years,
provided congress or the legislature of
Alaska shall not alter, amend, or re
peal this act previous to such renew
als, provided all the provisions of this
act and all laws of congress or the ter
ritory of Alaska relating to the fish
eries of Alaska are complied with dur
ing the period of such lease, and pro
vided that the lessees of such locations
shall pay into the treasury of the
United States 1 cent for every salmon
captured by such fish trap or pound
net constructed by virtue of such
lease; reports under oath of all salmon
so captured and payments therefor
shall be made to the commissioner of
fisheries for Alaska under such regula
tions as he may provide and all fees
paid under this act shall be covered
into the treasury of the United States;
any failure to make such reports or
payments or any act by a lessee to in
tentionally defraud the United States
3f any moneys accrued under this sec
tion shall forfeit such lease and there
after prevent such lessee from again
lolding a lease under this act, or de
riving any benefits from any such
ease.
Locations for stake nets or set nets
nay be made under the same general
•equirements of this section by erec
ing a permanent monument near, by
Iriving a pile or securely anchoring a
>uoy, but no lease shall be granted for
i stake net or a set net for a period
onger than one year.
If any fish trap, pound net, trawl
iet, purse seine, stake net, gill or set
let shall be held, claimed, leased,
rusteed, possessed, or controlled in |
ny manner or by any device, perm
nently or temporarily, directly or in-j
irectly, tacitly or otherwise, so as to 1
irm part of or in any way effect any
ombination in violation of law or of
ills act, or in anywise controlled by:
ny combination in the form of an un-1
iwful trust, or shall form the subject,
f any contract or conspiracy in res-1
•aint of trade in the manufacture, can-!
ing, catching, dealing, or trading in I
sh or fishery products or of any hold-1
lg of any such lease or leases by any!
idividual, partnership, association,!
orporation, mortgage, stock owners,
r control, the title to each and every
ound net or set net location shall be1
>rfeited to the United States from the
ate when any court of competent!
irisdiction shall, by its final judg
lent, find the said violation of law
) have been begun or set on foot by;
le parties or their successors; and it
ball be the duty of the attorney gen
ral of the United States, or of any!
nited States district attorney in Alas-|
a, to institute such proceedings in
ny court of competent jurisdiction for ,
le purpose of enforcing the provisions
f this section whenever there is rea-|
onable ground to believe that any
ueh violation has accrued or is at
3mpted.
Any citizen of the United States de
iring to lease any location where it ’
lay be lawful to construct a fish trap
r pound net in the waters of Alaska
hall post conspicuously above high
mter, where it may be readily ob-1
erved by a person contemplating a |
ixed-gear fishing location, a location
otice giving the date of location, the i
ame or names of the locator or lo-j
ators, a description of the proposed
rap, with its approximate dimensions |
,nd directions, accurately describe the
ocation setting forth its nearest prom-j
nent natural objects or permanent!
nonuments, so that the location may
le readily identified, together with aj
tatement that the locator or locators!
lesire to obtain a lease for the opera
ion of a fish trap or pound net or
stake net or set net at that location,
ind all such locations notices shall
contain the names of two witnesses,
rhe locator or locators shall within
flirty days after posting notice of lo
cation file two notices Identical with
:he one posted upon the ground with
:he United States recorder of the pre
cinct wherein the location is made,
who shall forward one of such notices,
with his certificate of record thereon,
to the commissioner of fisheries of
Alaska at his office fii Juneau, Alas
ka. The commissioner of fisheries for
Alaska shall Issue leases to the first
bona fide locator or locators under
the terms of this act, hut nothing in
this section shall be construed to give
any lessee any vested right beyond a
period of ten years.
From and after the making of any
! lease as In this act provided the claim
ant of the fishing location shown in
such lease, his heirs, administrators,
executors, successors, or assigns, shall
have the exclusive right to hold, oc
i copy, and fish in such location and to
| mortgage, sell, lease, or transfer the
j same during the time that he or they
j in other respects shall comply with
i the law pertaining thereto.
| If any person lawfully occupies and
actually operates a pound net location
during the active fishing season next
preceding the time when this act takes
effect, and also files before January
first of the year next after the time
i when this act takes effect and in the
manner heretofore provided, a loca
tion notice with the United States re
] corder in the district in which such
( location is situated, such person shall
have a right to such location valid
1 under this act and prior to any right
otherwise obtainable under this act.
Any location acquired under the pro
I visions of this act may be continued
in accordance with the law as to pass
! ageways in force at the time this act
j takes effect, or many be changed to
, conform to the requirements of any
subsequent act in respect thereto, but
( no change shall be made which inter
l feres with another then existing loca
tion.
^ The commissioner of fisheries for
'Alaska shall keep an index of all|
leases, showing the hour and date of
j filing with the United States record-1
ers, the names of claimants, and the
1 serial number of the leases, all of
which shall be indorsed on them when
filed. |
The failure of any lessee to eon-!
struct and operate any pound net in
a bona fide manner for two consecu-l
tive years shall constitute abandon-'
ment of the location and the forfeiture |
of such lease. The failure of a lessee j
to construct and operate any set net j
or stake net on any location valid un- j
der this act in a bona fide manner for j
any year shall constitute abandonment
of the location.
Sec. 6. That no lead of any pound'
net in the waters of Alaska shall ex-j
ceed three thousand feet in length,!
and there shall be an end passageway j
of at least one thousand feet and a I
lateral passageway of at least three j
thousand four hundred feet between
pound nets and an end passageway of
at least one thousand feet and a later- j {
al passageway of at least two thousand j |
feet between a pound net and a stake j,
or set net. The lead of any pound net | ,
may be extended to high-water mark |
on the tidelands owned by the United j
States or on other tidelands with the
consent of the owners thereof. I,
No supplementary wing or jigger of (
a pound net shall be of greater
length than three hundred feet,
measured over all, nor shall the outer s (
end thereof approach within one hun- j,
dred feet of the lead of such pound'
net. Not more than one winy cr jig-j
ger shall be attached to each side of
the heart of any pound net.
No stake net shall he constructed in
any other manner than by stakes driv
en in substantially a straight line, nor J
shair it be in the form of a pound net j
or with hearts or pots connected there- j
with, nor shall it exceed one thousand
feet in length. There shall be an end 1
passageway of at least five hundred j
feet and a lateral passageway of at j •
least one thousand five hundred feet ]
between stake nets and between a 1
stake net and a set net; Provided,
That the restrictions as to distance j
intervals between stake nets shall not j ‘
be construed to apply to the use by the j
native Indians of stake net3 not over!
fifty yards in length to take salmon!
for domestic consumption and not for j*
sale. 1
There shall be an end passageway 1
of at least one hundred feet and a! 1
lateral passageway of at least three j1
hundred feet between set nets. A set 1
net is not a fixed appliance within the j1
meaning of this act.
For the purpose of determining pass-1:
ageways, base lines shall be drawn at
right angles to the general course of t
locations and shall pass through the;1
ends of the locations; the end passage-1
ways shall he measured at right1
angles to such base lines, and the
lateral passageways shall be measured
parallel with such base lines.
It shall be unlawful to lay or cast
any movable fishing appliance within
three hundred yards of any other mov
able fishing appliance or within any
area in which under this section a set
net may not be constructed or main
tained : Provided, That the restrictions
of this section shall not apply to drift
gill nets, which by force of -the ele
ments may unavoidably and tempor
arily come within such limits.
It shall be unlawful to erect or main
tain any pound net, stake net, or set
net within any of the lateral or end
passageways as prescribed in this act.
No purse seine shall exceed one
thousand eight hundred feet In length,
and no lead or supplementary piece of
net shall be used in connection there
with.
No gill net shall exceed two thou
land feet i*r length, and n» beach seine ]||
shall ex«aed two' thousand feet fn |
ength; no gill net of leas than five |
ind three-feu rtb inches stretched niesli |
shall be used in the red-salmon fish- |
jry of Bering- sea or its tributary wa- if
ers: Provided, That after the year j
920 no gill nuts of less than five and ;
hree-fourths inches stretched mesh
hall be used in the salmon fishery of
Via ska.
*
Sec. 7. That the weekly close sea- .
-on prescribed By law is hereby abol
shed and in lieu- thereof all salmon
Tailing for canning operations shall
:ease in Bering sea and its tributary
vaters on the first day of August, in '
he* Gulf of Alaska* and its tributary i
vaters on the fifteenth day of Au- jj
;ust, and in southeastern Alaska on I
he first day of September of each 1
•ear, provided that the commissioner E
>f fisheries for Alhska may extend
hose dates for a period of not to ex- g
eed three weeks in any locality if the |
ateness of the run of fish justifies t
uch action, and he may permit the |
aking of chum or keta salmon until j
jctober 1 of each year.
Sec. 8. That it shall be unlawful to S
ake salmon by any means whatsoever, I
>xcept by hook and fine or by spear “
ind gaff for domestic consumption,
md except for the purpose of fish ..
culture or scientific investigation un- f
ler the direction or with the approval fi
if the secretary of commerce in any
vaters the width of which is less than g
Tve hundred feet, or with any fixed ap- -
aliance in any wraters the width ofi
.vhich is less than one thousand feet, I g
ir by any means except by hook and ;
ine or spear or gaff as aforesaid with- g
in five hundred yards outside the g
nouth of any river or stream less than |
five hundred feet in width at its |
mouth: Provided, That the use of g
stake nets shall be allowed in the [!
deltas of the Yukon, Copper, Alseck, -
Setuck, and Ahrnklin rivers, and on
the flats and in the divides between 4
the Setuck and Ahrnklin, and that
movable appliances shall be allowed
to within three hundred yards outside
of the mouths of the before-mentioned
rivers and the Ivarluk river. For the
purposes of this section the width of
any waters shall be determined by
measurements at mean low water at
right angles to the trend of such wa
ters, and all measurements of water
referred to herein shall be made at
mean law water, and the commission
er of fisheries for Alaska is hereby
authorized to determine and indicate
by suitable markers, monuments, or
notices, the mouth of any river or
~ (Continued on Page Seven)
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I Who Gets our Money? j
1
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j YOU WILL
If You SAVE It
| Some One Else Will
If You Spend It
We Open Savings Accounts
from One Dollar Up
Knlj] Tplo
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U. S. Depositary for Postal Territorial Depositary
Savings Funds City Depositary
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GERMS
Gompletly
Annihilated p
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Work Called
For and
No slipshod work•. Delivered
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Oar cleaning and ironing pro- . ... j
cess is the most efficient in
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We launder everything. I Q I | H fl T \/ r
We launder thoroughly. «— CX U I I U I J
1 _ n
F. A. {ones,
GIVE US A CHANCE at Proprietor
Your Work and YOU’LL
NEVER GO ELSE- ^ ^'KSi,AYENL ^ i I
Below Alaskan “Hotel r
WHERE
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. ■■■■■■.■■■...... 11 .....
Sixty Steam Heated Rooms Eletric Lighted
Hot and Cold Water in Every Room
With or Without Bath.
Cordova House
DOOLEY AND GREENIG
Headquarters for Railroad and Mining Men
Satisfaction Guranteed
Rates Reasonable
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