Wickersham Offers Draft New
Fisheries Law
Editor Alaska Fisherman:
Nature and Dan Sutherland and
William L. Paul and Henry O’M-ii
ley, sometimes acting together and
sometimes not, have finally won a
partial victory for conservation in
the fight to protect and preserve
the fisheries of Alaska. The A. t
of Congress of June 18, 1926, to
gether with the new Rules and Re
gulations of Decembei 12, 192/,
make a step in the right direction,
and recognize for the first time the
rights of the resident Alaska fish
ermen.
There is still, however, the fight
between the trap owners. Those who
have lest trap sites are said to be
plain n g to “jump” some of the
bo>. - s remaining by getting on
tno ground first. The War Re
payment has issued Rules and Re
gulitions to remedy the situation
brought about by Judge Reed’s
decision that the first man on the
ground will hold it, though what
authority the War Department has
over the fisheries in Alaska is not
understood. The trap men contend
that so long as their business rs
recognized as legal by the law, thev
ought to be entitled to protection
from other trap men. The whole
matter has now resolved itself In
to a scrap between the trap men.
The only interest left for the public
in the matter is to protect the trap
sites so that no private title can
be obtained by any of the trap men
to these advantageous fishing sta
tions. It is to the public interest
that there shall be no private title
acquired by any trap owner to the
sites which cannot be shaken off
promptly if necessary to protect
the fisheries from destruction.
It would be far better if the
Territorial Legislature had control
of the situation, but it has not.
The trap Bites are a "no man’s
land” between the contending trap
men, and the strongest of them
controls. For the preservation of
h'j public right, to prevent private
itle, to preserve order between the
vari ing trap men, to compel them
-,o pay a license fee and to recog
nize the rights of the public, it is
necessary to amend the law to that
extent.
In view of this chaotic situation
and at the suggestion of the friends
of the Alaskan fisheries, the follow
ing draft of a tentative bill has
been prepared and is sent you
herewith with the request that it
be printed in your paper for gen
eral information. If the reader has
any suggestion either in opposition
to the general idea in the proposed
bill as a whole, or of amendment
which will better protect the public
interest in Alaskan fisheries, let.
them be heard, so the suggested
bill may be further amended to
protect the interest of the public,
if necessary.
Very truly yours,
.TAMES WICKERSHAM.
AN ACT TO AMEND SECTION 8
OF THE ACT OF CONGRESS OF
JTTNE ft. 1024 ENTITLED “AN
ACT FOR THE PROTEC
TION OF THE FISHER
IES OF ALASKA, AND
FOR OTHER PURPOSES”
Bp it enacted by the Senate ami
House of Representatives of the
United States of America in Con
gress assembled, That section 8 of
the Act of Congress of .Tune 6, 1924,
entitled “An Act for the protection
of the fisheries of Alaska, and for
other purposes,” is amended so thaf
it will read as follows:
“Section 8. Nothing in this Act
contained, nor any powers herein
conferred upon the Secretary of
Commerce, shall abrogate or cur
tail the powers granted the Terri
torial 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 legis
lative assembly in the Territory of
Alaska, to confer legislative power
thereon, and for other purposes;”
(a) that the Secretary of Commerce
is hereby authorized to license fish
ing for salmon with traps, on sites
suitable therefor in the coastal wa
ters of Alaska, where the same are
now authorized to be located by
law by any person, association, firm
or corporation, subject to the laws
of the United States and the terms,
limitations and restriction's herein
after mentioned; (b) that no li
cense shall be issued for any period
longer than four years, and may be
renewed from time to time for any
period not to exceed a term of four
years, provided, that the right is
hereby reserved by the United States
to revoke the said license and all
rights granted thereby or claimed
thereunder, at the end of any year
after that in which the license i#
issued, upon thirty day3 notice giv
en by the United States to the said
licensee of its intention so to re
voke the said license; (c) and
thereupon the licensee shall vacate
the said trap site and remove its
trap and other property therefrom
within thirty days after the last
day of the year in which such no
tice was served; (d) that an annual
license fee shall he paid by the li
censee for the use and occupation
of every such trap site, in addition
to his or its other licenses and tax
es, of fifty dollars for every fifty
thousand salmon caught in said
trap; (e) trap sites shall be con
sidered to be abandoned by the li
censee and shall be open to be
licensed to another person, associa
tion, firm or corporation upon fail
ure of the licensee or his assignee
to operate or to use the trap site