per

mitted by na

The provisions of the first and second sections of Killing this Act shall not apply to Indians, Aleuts, or other abo- tives. rigines dwelling on the American coast of the waters men- Ibid., sec. 3. tioned in the first section of this Act who carry on pelagic Restrictions. sealing in canoes or undecked boats propelled wholly by paddles, oars, or sails, and not transported by or used in connection with other vessels, and manned by not more than five persons each, in the way hitherto practiced by the said Indians, Aleuts, or other aborigines, and without the use of firearms: Provided, however, That the exception Natives, made in this section shall not apply to Indians, Aleuts, or er persons other aborigines in the employment of other persons or who shall kill, capture, or pursue fur seals or sea otters under contract to deliver the skins to any person.

etc.,

employed by oth

cluded.

ex

Importing illeprohibited. Ibid., sec. 4.

'gally taken skins

The importation or bringing into territory of the United States, by any person whatsoever, of skins of fur seals or sea otters taken in the waters mentioned in the first section of this Act, or of skins identified as those of the species known as Callorhinus alascanus, Callorhinus ursinus, and Callorhinus kurilensis, or belonging to the American, Russian, or Japanese herds, whether raw, dressed, dyed, or manufactured, except such as have been taken under the authority of the respective parties to said convention, to which the breeding grounds of such herds belong, and have been officially marked and certified as having been so taken, is hereby prohibited; and all such Forfeiture. articles imported or brought in after this Áct shall take effect shall not be permitted to be exported, but shall be seized and forfeited to the United States.

Ibid., sec. 5.

The President shall have power to make regulations Regulations to to carry this Act and the said convention into effect, President. and from time to time to add to, modify, amend, or revoke such regulations, as in his judgment may seem expedient. It shall be the duty of the Secretary of Com- Enforcement. merce, under the direction of the President, to see that the said convention, the provisions of this Act, and the regulations made thereunder are executed and enforced; and all officers of the United States engaged in the execution and enforcement of this Act are authorized and directed to cooperate with the proper officers of any of the other parties to the said convention in taking such measures as may be appropriate and available under the said convention, this Act, or the regulations made thereunder for the purpose of preventing pelagic sealing as in this Act prohibited.

violations.

Every person guilty of a violation of any of the pro- Punishment for visions of said convention, or of this Act, or of any reg-Ibid., sec. 6. ulation made thereunder, shall, for each offense, be fined not less than two hundred dollars or more than two thousand dollars, or imprisoned not more than six months, or both; and every vessel, its tackle, apparel, furniture, Forfeiture

and cargo, at any time used or employed in violation of vessel, etc. this Act, or of the regulations made thereunder, shall be forfeited to the United States.

of

skins, etc., on

Vessels with If any vessel shall be found within the waters to board presumed which this Act applies, having on board fur-seal skins or to be violating sea-otter skins, or bodies of seals or sea otters, or appa

law, etc.

Ibid., sec. 7.

Prosecutions.
Ibid., sec. 8.

Naval, etc., guard to be maintained.

ure.

Ibid., sec. 9.

ratus or implements for killing or taking seals or sea otter, it shall be presumed that such vessel was used or employed in the killing of said seals or sea otters, or that said apparatus or implements were used in violation of this Act, until the contrary is proved to the satisfaction of the court, in so far as such vessel, apparatus, and implements are subject to the jurisdiction of the United States. Any violation of the said convention, or of this Act, or of the regulations thereunder, may be prosecuted either in the district court of Alaska, or in any district court of the United States in California, Oregon, or Washington.

It shall be the duty of the President to cause a guard or patrol to be maintained in the waters frequented by the seal herd or herds and sea otter, in the protection of which the United States is especially interested, composed of naval or other public vessels of the United Right of seiz- States designated by him for such service; and any officer of any such vessel engaged in such service and any other officers duly designated by the President may search any vessel of the United States, in port, or in territorial waters of the United States, or on the high seas, when suspected of having violated, or being about to violate, the provisions of said convention, or of this Act, or of any regulation made thereunder, and may seize such vessel and the officers and crew thereof and bring them into the most accessible port of the Territory or of any of the States mentioned in the eighth section of this Act for trial.

Seizure outside of territorial jurisdiction.

Ibid., sec. 10.

proper officials.

Any vessel or person described in the first section of this Act offending or being about to offend against the prohibitions of the said convention, or of this Act, or of the regulations made thereunder, may be seized and detained by the naval or other duly commissioned officers of any of the parties to the said convention other than the United States, except within the territorial jurisdiction of one of the other of said parties, on condition, however, that when such vessel or person is so seized and detained by officers of any party other than the United States such Delivery to vessel or person shall be delivered as soon as practicable at the nearest point to the place of seizure, with the witnesses and proofs necessary to establish the offense so far as they are under the control of such party, to the proper official of the United States, whose courts alone shall have jurisdiction to try the offense and impose the penalties for Seizures by the same: Provided, however, That the said officers of any party to said convention other than the United States shall arrest and detain vessels and persons, as in this section specified, only after such party, by appropriate legislation or otherwise, shall have authorized the naval or other officers of the United States duly commissioned and instructed by the President to that end to arrest, detain,

other than United States officers.

issue.

and deliver to the proper officers of such party vessels and subjects under the jurisdiction of that Government offending against said convention or any statute or regulation made by that Government to enforce said convention. The President of the United States shall determine Proclamation to by proclamation when such authority has been given by the other parties to said convention, and his determination shall be conclusive upon the question; and such proclamation may be modified, amended, or revoked by proclamation of the President whenever, in his judgment, it is deemed expedient.

on

Is

Killing fur seals lands suspended Ibid., sec. 11.

for five years.

tions.

excepted.

From and after the approval of this Act all killing of fur seals on the Pribilof Islands, or anywhere within the jurisdiction of the United States in Alaska, shall be suspended for a period of five years, and shall be, and is hereby, declared to be unlawful; and all punishments and penalties heretofore enacted for the illegal killing of fur seals shall be applicable and inflicted upon offenders under this section: Provided, That this prohibition shall natives, tented. not apply to the annual killing on the Pribilof Islands of such male seals as are needed to supply food, clothing, and boat skins for the natives on the islands, as is provided for in article eleven of said convention; the skins of all seals so used for food shall be preserved and annually sold by the Government, and proceeds of such annual sales shall be covered into the Treasury of the United States: Provided further, That at the expiration of the said five years' Resumption. suspension of all commercial killing as above provided, said killing may be resumed under authority of the Secretary of Commerce: Provided, however, That the Breeding selec number of three-year-old males selected from among the finest and most perfect seals of that age found on the hauling grounds, to be reserved for breeding purposes, in each year ending August first, shall not be fewer than the following: In nineteen hundred and seventeen, and in each year thereafter until nineteen hundred and twentysix, inclusive, five thousand. The Secretary of Com- Receiving skins merce, or his authorized agents, shall have authority and Great Britto receive on behalf of the United States any and all furseal skins taken as provided in the thirteenth and fourteenth articles of said convention and tendered for delivery by the Governments of Japan and Great Britain in accordance with the terms of said articles; and all skins Sale, etc. which are or shall become the property of the United States from any source whatsoever shall be sold by the Secretary of Commerce in such market, at such times, and in such manner as he may deem most advantageous; and the proceeds of such sale or sales shall be paid into the Treasury of the United States. The Delivery Secretary of Commerce shall likewise have author nadian and Japaity to deliver to the authorized agents of the Canadian Government and the Japanese Government the skins to which they are entitled under the provisions of the tenth article of said convention; to pay to Great Britain and Payment.

taken by Japan

ain.

of

skins, etc., to Ca

nese authorities.

Retention skins, etc.

Japan such sums as they are entitled to receive, respectively, under the provisions of the eleventh article of said of convention; to retain such skins as the United States may be entitled to retain under the provisions of the eleventh article of said convention; and to do or perform, or cause to be done or performed, any and every act which the United States is authorized or obliged to do or perform by the provisions of the tenth, eleventh, thirteenth, and fourAppropriation. teenth articles of said convention; and to enable the Secretary of Commerce to carry out the provisions of the said eleventh article there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of four hundred thousand dollars.

"Pelagic sealing" defined. Ibid., sec. 12.

"Person" construed.

Effect and du

ration.

Ibid., sec. 13.

Salmon fishery

service placed

The term "pelagic sealing" where used in this Act shall be taken to mean the killing, capturing, or pursuing in any manner whatsoever of fur seals while the same are in the water. The word "person" where used in this Act shall extend and be applied to partnerships and corporations.

This Act shall take effect immediately, and shall continue in force until the termination of the said convention.

PROTECTION AND REGULATION OF THE FISHERIES OF

ALASKA.

[By Department order of February 15, 1905, the Alaska under direction salmon fishery service was placed under the direction and of Fisheries. control of the Commissioner of Fish and Fisheries.]

of Commissioner

etc., canneries.

Alaska salmon, Every person, company, or corporation carrying on Jan. 26, 1906 (34 the business of canning, curing, or preserving fish or Stat., 478), sec. 1. manufacturing fish products within the territory known

products.

as Alaska, ceded to the United States by Russia by the treaty of March thirtieth, eighteen hundred and sixtyseven, or in any of the waters of Alaska over which the United States has jurisdiction, shall, in lieu of all other License tax on license fees and taxes therefor and thereon, pay license taxes on their said business and output as follows: Canned salmon, four cents per case; pickled salmon, ten cents per barrel; salt salmon in bulk, five cents per one hundred pounds; fish oil, ten cents per barrel; fertilizer, twenty cents per ton. The payment and collection of such license taxes shall be under and in accordance with the provisions of the Act of March third, eighteen hundred and ninety-nine, entitled "An Act to define and punish crimes in the district of Alaska, and to provide a code of criminal procedure for the district," and amendments thereto.

Collection.

Private hatcheries exempt for liberating

rate.

Ibid., sec. 2.

The catch and pack of salmon made in Alaska by the fry; owners of private salmon hatcheries operated in Alaska shall be exempt from all license fees and taxation of every nature at the rate of ten cases of canned salmon to every one thousand red or king salmon fry liberated, upon the following conditions:

liberated.

The Secretary of Commerce may from time to time, Inspection. and on the application of the hatchery owner shall, within a reasonable time thereafter, cause such private hatcheries to be inspected for the purpose of determining the character of their operations, efficiency, and productiveness, and if he approve the same Approval. shall cause notice of such approval to be filed in the office of the clerk or deputy clerk of the United States district court of the division of the district of Alaska wherein any such hatchery is located, and shall also notify the owners of such hatchery of the action taken by him. The owner, agent, officer, or superintendent of any hatchery the effectiveness and productiveness of which has been approved as above provided shall, between the thirtieth day of June and the thirty-first day of December of each year, make proof of the number of salmon fry liberated, Proof of amount during the twelve months immediately preceding the thirtieth day of June, by a written statement under oath. Such proof shall be filed in the office of the clerk or deputy clerk of the United States district court of the division of the district of Alaska wherein such hatchery is located, and when so filed shall entitle the respective hatchery owners to the exemption as herein provided; and a false oath as to the number of salmon fry liberated shall be deemed perjury and subject the offender to all the pains and penalties thereof. Duplicates of such state- Statements ments shall also be filed with the Secretary of Com-certificates. merce. It shall be the duty of such clerk or deputy clerk in whose office the approval and proof heretofore provided for are filed to forthwith issue to the hatchery owner, causing such proofs to be filed, certificates which shall not be transferable and of such denominations as said owner may request (no certificate to cover fewer than one thousand fry), covering in the aggregate the number of fry so proved to have been liberated; and such certificates may be used at any time by the person, company, corporation, or association to whom issued for the payment pro tanto of any license fees or taxes upon or against or on account of any catch or pack of salmon made by them in Alaska; and it shall be the duty of all Acceptance for public officials charged with the duty of collecting or receiving such license fees or taxes to accept such certificates in lieu of money in payment of all license fees or taxes upon or against the pack of canned salmon at the ratio of one thousand fry for each ten cases of salmon. No hatchery owner shall obtain the rebates from the out- Efficiency put of any hatchery to which he might otherwise be entitled under this Act unless the efficiency of said hatchery has first been approved by the Secretary of Commerce in the manner herein provided for.

to

be filed; issue of

taxes.

quired.

re

Stationary ob

It shall be unlawful to erect or maintain any dam, structions for tak barricade, fence, trap, fish wheel, or other fixed or sta- ing salmon in tionary obstruction, except for purposes of fish culture, Ibid., sec 3. in any of the waters of Alaska at any point where the

waters, unlawful.