WHITE FISH LAW
(Public—No. 204—68th Congress)
(H. R. 8143)
An Act for the protection of the
fisheries of Alaska, and for other
purposes.
Be it enacted by the Senate and
House of Representatives of the
United States of America in Congress
assembled, That for the purpose of
protecting and conserving the fish
eries 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 jurisdic
tion ,and within such areas may es
tablish closed seasons during which
fishing may be 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,
methods and extent of fishing as
he may deem advisable. From and
after the creation of any such fish
ing area and during the time fishing
is prohibited therein it shall be un
lawful to fish therein or to operate
therein any boat, seine, trap, or oth
er gear or apparatus for the pur
pose of taking fish; and from and
after the creation of any such fishi
ng area in which limited fishing is
permitted such fishing shall be car
ried on only during the time, in the
manner, to the extent, and in con
formity with such rules and regula
tions as the Secretary prescribes un
der the authority herein given: Pro
vided, That every such regulation
made by the Secretary of Commerce
shall be of general application with
in the particular area to which it
applies, and that no exclusive or
several right of fishery shall be
granted therein, nor shall any citi
zen 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 fish
ing is permitted by the Secretary
of Commerce. The right herein giv
en to establish fishing 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 spe
cific provisions of this Act, but the
Secretary of Commerce through the
creation of such areas and the es
tablishment 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 of 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 there
under.
Sec. 2. In all creeks, streams, or
rivers, or in any other bodies of
water in Alaska, over which the
United States has jurisdiction, in
which salmon run, and in which now
or hereafter there exist racksf gate
ways, or other means by which the
number in a run may be counted or
estimated with substantial accuracy,
there shall be allowed an escape
ment of not less than 50 per centum
of the total number thereof. In such
waters the taking of more than 50
per 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 diminish
ed, 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 the
protection and regulation of the
fisheries of Alaska,” approved June
20, 1900, is amended to read as
follows:
“Sec. 3. That it shall be unlaw
ful to erect or maintain any dam,
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 shore in less than one
thousand feet, or within five hun
dred yards of the mouth of any
creek, stream, or river into which sal
mon run, excepting the Karluk ami
Ugashik Rivers, with the purpose
or result of capturing salmon or pre
venting or impeding their ascent to
the spawning grounds, and the Sec
retary of Commerce is hereby au
thorized and directed to have any
and all such unlawful obstructions
removed or destroyed. For the pur
poses 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 accord
ance with this determination. It
shall be unlawful 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 or to construct any trap
or any other fixed fishing appliance
within six hundred yards laterally
or within one hundred yards end
wise of any other trap or fixed ap
pliance.
Sec. 4. Section 4 of said Act of
Congress approved June 26, 1906, is
amended to read as follows.
“Sec. 4. That it shall be unlaw
ful 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 juris
diction, excepting the Karluk and
Ugashik Rivers: Provided. That
nothing contained herein shall pre
vent the taking of fish for local
food requirements or for use as dog
feed.”
Sec. 5. Section 5 of said Act of
Congress approved June 26, 1906,
is amended to read as follows:
“Sec. 5. That it shall be unlaw
ful to fish for, take, or kill any
salmon of any species in any man
ner 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 conferred,
but such authority shall not be ex
ercised to prohibit the taking of fish
for local food requirements or for
use as dog feed. Whenever the Sec
retary of Commerce shall find that
conditions in any fishing area make
such action advisable, he may ad
vance twelve hours both the opening
and ending time of the minimum
thirty-six-hour closed period herein
stipulated. Throughout the weekly
closed season herein prescribed the
gate, mouth, or tunnel of all sta
tionary 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 ‘pot1
shall be lifted or lowered in such
manner as to permit the free pass
age of salmon and other fishes.”
Sec. 6. Any person, company, cor
poration, 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 of not exceeding $5,000 or
imprisonment for a term of not more
than ninety days in the county jail,
or by both such fine and imprison
ment; 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 ex
ceeding $250 for each day the ob
struction therein declared unlawful is
maintained. Every boat, seine, net,
trap, and every other gear and ap
pliance used or employed in viola
tion of this Act or in violation of
said Act approved June 26, 1906,