Personnel of [The Bureau of Fisheries is provided by the annual apAug. 24, 1912 (37 propriation acts with a chief clerk at a salary of $2,400 Bureau. Stat., 474). Duties of Commissioner. R. S., 4396. Power to take specimens. R. S., 4398. Hawaiian fish eries. Stat., 160), sec. 94. per annum; one chief of a division at $3,500; two assistants in charge of divisions at $2,700, and one assistant in charge of a division at $2,500 per annum, and other employees necessary to maintain and operate the offices, fishcultural and biological stations, distribution cars, and vessels, and to conduct scientific and statistical investigations.] The commissioner of fish and fisheries shall prosecute investigations and inquiries on the subject, with the view of ascertaining whether any and what diminution in the number of the food-fishes of the coast and the lakes of the United States has taken place; and, if so, to what causes the same is due; and also whether any and what protective, prohibitory, or precautionary measures should be adopted in the premises; and shall report upon the same to Ĉon gress. The commissioner may take or cause to be taken at all times, in the waters of the sea-coast of the United States, where the tide ebbs and flows, and also in the waters of the lakes, such fish or specimens thereof as may in his judgment, from time to time, be needful or proper for the conduct of his duties, any law, custom, or usage of any State to the contrary notwithstanding. The Commissioner of Fish and Fisheries of the United Apr. 30, 1900 (31 States is empowered and required to examine into the entire subject of fisheries and the laws relating to the fishing rights in the Territory of Hawaii, and report [to the Secretary of Commerce] touching the same, and to recommend such changes in said laws as he shall see fit. Investigation of beam-trawl fish ery. Aug. 24, 1912 (37 Stat., 474). on Propaga and distribution of food fishes. Scientific quiry. Statistical quiry. The Commissioner of Fisheries [is authorized] to investigate the method of fishing known as beam or otter trawling and to report to Congress whether or not this method of fishing is destructive to the fish species or is otherwise harmful or undesirable. [In addition to the duties above prescribed the annual appropriations provide for the following: The general in- propagation and distribution of food fishes; the inquiry into the cause of the decrease of food fishes in the waters of the United States, and investigations and experiments in respect to the aquatic animals, plants, and waters, in in the interest of fish culture and the fishery industries; the collection and compilation of the statistics of the fisheries and the studies of their methods and relations.] Other departments to aid. R. S., 4397. Status of ves sels. The heads of the several Executive Departments shall cause to be rendered all necessary and practicable aid to the commissioner in the prosecution of his investigations and inquiries. The Secretary of the Navy is hereby authorized to place May 31, 1880 (21 the vessels of the Bureau of Fisheries on the same footing with the Navy Department as those of the United States Coast and Geodetic Survey. Stat., 151). ma rine to aid. The Secretary of the Treasury is authorized to detail Revenue from time to time for duty under the Commissioner of Fish and Fisheries any officers and men of the Revenue Marine Service whose services can be spared for such duty. All necessary hospital and ambulance service * * * Hospital servon vessels of the Bureau of Fisheries shall be performed June 17, 1898 by the members of said corps [naval hospital]. ice. (30 Stat., 475). Cooperation Shell-Fish Com Stat., 202). [By act of May 26, 1906, the Secretary is directed, upon with the request of the governor of the State of Maryland, to State Board of designate such officers, experts, and employees of the missioners. Bureau of Fisheries as may be necessary to cooperates May 26, 1906 (34 with the Maryland State Board of Shell-Fish Commissioners in making a survey of the natural oyster beds, bars and rocks in the waters within the State of Maryland. (See p. 72.)] Cooperation commissioner. [By act of March 4, 1909, the Secretary is directed, upon with North Carothe request of the governor of the State of North Carolina, lina State fish to designate such officers, experts, and employees of the Mar. 4, 1909 (35 Bureau of Fisheries as may be necessary to cooperate with Stat., 1064). the North Carolina State fish commissioner in making a survey of the waters of the State in which the use of any or all fishing appliances are prohibited by law. (See p. 73.)] with Census Bu statistics. After the completion and return of the enumeration Cooperation and of the work upon the schedules relating to the reau in collecting products of agriculture and to manufacturing and me- June 7, 1906 (34 chanical establishments provided for in section seven of Stat., 218). the Act of March third, eighteen hundred and ninety-nine, entitled "An Act to provide for taking the Twelfth and subsequent censuses," the Director of the Census is hereby authorized decennially to collect statistics relating to the * ** fishing industry in cooperation with the Bureau of Fisheries. The Commissioner of Fish and Fisheries shall submit to Congress at its next session a detailed statement of the expenditures for the fiscal year eighteen hundred and eighty-seven under all appropriations for "propagation of food-fishes;" and annually thereafter a detailed statement of expenditures under all appropriations for "propagation of food-fishes" shall be submitted to Congress at the beginning of each session thereof. Statement of expenditures for propagation. Mar. 3, 1887 (24 Stat., 523). specimens. Stat., 332). Distribution of duplicate [natural history] specimens of Distribution of the *** Bureau of Fisheries may be made to col-Aug. 7. 1882 (22 leges, academies, and other institutions of learning upon the payment by the recipients of the cost of preparation for transportation and the transportation thereof. [Distribution is made from National Museum.] ities. Facilities for study and research in the Government Research facil* **the Bureau of Fisheries, * Departments, * * Apr. 12, 1892 (27 and similar institutions hereafter established shall be Stat., 395). afforded to scientific investigators and to duly qualified Stat., 1089). individuals, students, and graduates of institutions of Mar. 3, 1901 (31 Fishways over dams. Stat., 386), sec. 3. learning in the several States and Territories, as well as in the District of Columbia, under such rules and restrictions as the heads of the Departments and Bureaus mentioned may prescribe. * * * 1 The persons owning or operating any such dam, or June 21, 1906 (34 accessory works, subject to the provisions of this Áct, June 23, 1910 (36 shall maintain, at their own expense, such Stat., 594), sec. 3. fishways as the Secretary of Commerce shall prescribe, and for failure so to do in any respect shall be deemed guilty of a misdemeanor and subject to a fine of not less than five hundred dollars, and each month of such failure shall constitute a separate offense and subject such persons to additional penalties therefor. Publications. [There shall be printed] of the Report of the CommisStat.,614), sec. 73. sioner of Fish and Fisheries eight thousand copies; two thousand for the Senate, four thousand for the House, and two thousand for distribution by the Bureau of Fisheries.2 Fur-seal fisheries of Alaska [There shall be printed] of the Bulletins of the Bureau of Fisheries five thousand copies; one thousand for the Senate, two thousand for the House, and two thousand for distribution by the Bureau. PROTECTION OF FUR-SEAL AND OTHER FUR-BEARING [The Commissioner of Fish and Fisheries is charged placed under di- with the general management, supervision, and control rection of Com of the execution, enforcement, and administration of the laws relating to the fur-seal fisheries of Alaska.] missioner of Fish eries. Department order Dec. 28, 1908. tion. Stat., 585). The Commissioner of Fish and Fisheries is authorized Seal investiga- and required to investigate, under the direction of the Mar. 3, 1893 (27 Secretary of Commerce, and when so requested and report annually to him regarding the conditions of seal life upon the rookeries of the Pribilof Islands; and he is also directed to continue the inquiries relative to the life history and migrations of the fur seals frequenting the waters of Bering Sea. Creation of Di- [The Division of Alaska Fisheries in the Bureau of vision of Alaska Fisheries was created by the sundry civil appropriation Mar. 4, 1911 (36 act of March 4, 1911.] Fisheries. Stat., 1439). Alaska seal Secretary of make regulations The Secretary of Commerce shall have power to fisheries, etc. authorize the killing of fur seals and the taking of sealCommerce to skins on the Pribilof Islands, in Alaska, under regulafor killing, etc., tions established by him prescribing the manner in which such killing shall be done and limiting the number of Stat., 326), sec. 1. seals to be killed, whenever he shall determine that such killing is necessary or desirable and not inconsistent with the preservation of the seal herd: Provided, however, seals. Apr. 21, 1910 (36 1 The Secretary of Commerce on May 19, 1910, delegated to the Commissioner of Fish and Fisheries the authority herein prescribed relative to fishways. 2 The printing of the annual report as a congressional document has been discontinued. 3 By act of August 24, 1912, all killing of fur seals on the Pribilof Islands, or anywhere within the jurisdiction of the United States in Alaska, is suspended for a period of five years, except such annual killing of male seals on the Pribilof Islands as are needed to supply food, clothing, and boat skins for the natives on the islands. (See p. 103.) officials, etc. That under such authority the right of killing fur seals Restricted to and taking sealskins shall be exercised by officers, agents, or employees of the United States appointed by the Secretary of Commerce, and by the natives of the Pribilof Islands under the direction and supervision of such officers, agents, or employees, and by no other person: And provided further, That male seals only shall be killed Limit. and that not more than ninety-five per centum of threeyear-old male seals shall be killed in any one year. Sales. Ibid., sec. 2. Any and all sealskins taken under the authority conferred by the preceding section 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: Provided, That the Subject to fudirections of this section, relating to the disposition of seal skins and the proceeds thereof, shall be subject to the provisions of any treaty hereafter made by the United States for the protection of seal life. ture treaties. pribilof natives. Ibid., sec. 3. Employment of Whenever seals are killed and sealskins taken on any of the Pribilof Islands the native inhabitants of said islands shall be employed in such killing and in curing the skins taken, and shall receive for their labor fair compen- Compensation. sation, to be fixed from time to time by the Secretary of Commerce, who shall have the authority to prescribe by regulation the manner in which such compensation shall be paid to the said natives or expended or otherwise used in their behalf and for their benefit. Killing seals in Alaska No person shall kill any otter, mink, marten, sable, or and other furfur seal, or other fur-bearing animal, within the limits of bearing animals Alaska. Territory or in the waters thereof; and every per- bidden. son guilty thereof shall, for each offense, be fined not less r., 1899 (30 173. for Secretary of Com Mar. 3, than two hundred nor more than one thousand dollars or Stat., 1279), sec. imprisoned not more than six months, or both; and all vessels, their tackle, apparel, furniture, and cargo found Stat., 326), sec. 4. engaged in violation of this section shall be forfeited; but Punishment. the Secretary of Commerce shall have power to author-Permission by ize the killing of any such mink, marten, sable, fur seal,1 merce. or other fur-bearing animal under such regulations as he may prescribe; and it shall be the duty of the Secre- Prevention tary of Commerce to prevent the killing of any fur seal except as authorized by law and to provide for the execution of the provisions of this section until it is otherwise provided by law. illegal killing. of made a special on, unlawful. Mar. The Pribilof Islands, including the islands of Saint Paul Pribilof Islands and Saint George, Walrus and Otter Islands, and Sea Lion reservation. Rock, in Alaska, are declared a special reservation for Landing etc., government purposes; and until otherwise provided by S3, 1899 (30 law it shall be unlawful for any person to land or remain Stat., 1280), sec. on any of those islands, except through stress of weather Apr. 21, 1910 (36 or like unavoidable cause or by the authority of the Sec- Stat., 326), sec. 5. retary of Commerce; and any person found on any of Punishment. 1 See act of August 24, 1912, prohibiting the killing of fur seals (p. 100). 176. Restriction on killing seals. R. S., 1960. Mar. 3, 1899 (30 Stat., 1280), sec. 177. Apr. 21, 1910 (36 Stat., 326), sec. 6. Exception natives. seals, etc. to Mar. 3, 1899 (30 those islands contrary to the provisions hereof shall be summarily removed and shall be deemed guilty of a misdemeanor, punishable by fine not exceeding five hundred dollars or by imprisonment not exceeding six months, or by both fine and imprisonment; and it shall be the duty of the Secretary of Commerce to carry this section into effect. It shall be unlawful to kill any fur seal upon the Pribilof Islands, or in the waters adjacent thereto, except under the authority of the Secretary of Commerce, and it shall be unlawful to kill such seals by the use of firearms or by other means tending to drive the seals away from those islands; but the natives of the islands shall have the privilege of killing such young seals as may be necessary for their own food and clothing, and also such old seals as may be required for their own clothing and for the manufacture of boats for their own use; and the killing in such cases shall be limited and controlled by such regulations as may be prescribed by the Secretary of Commerce. Restriction on It shall be unlawful to kill any female seal or any seal female or young less than one year old at any season of the year, except as R. S., 1961. above provided; and it shall also be unlawful to kill any Stat., 1280), sec. seal in the waters adjacent to the Pribilof Islands, or on Apr. 21, 1910 (36 the beaches, cliffs, or rocks where they haul up from the Stat., 326), sec. 7. sea to remain; and every person who violates the pro 178. Punishment. Additional officers, etc., authorized. Ibid., sec. 9. Purchase right of present lessee, etc. visions of this or the preceding section shall be punished for each offense by a fine of not less than two hundred dollars nor more than one thousand dollars or by imprisonment not more than six months, or by both such fine and imprisonment; and all vessels, their tackle, apparel, and furniture, whose crews are found engaged in the violation of either this or the preceding section shall be forfeited to the United States. The Secretary of Commerce shall have authority to appoint such additional officers, agents, and employees as may be necessary to carry out the provisions of this Act and the laws of the United States relating to the seal fisheries of Alaska, to prescribe their duties and to of fix their compensation; he shall likewise have authority to purchase from the present lessee of the right to take seals on the islands of Saint Paul and Saint George, at a fair valuation to be agreed upon, the warehouses, salt houses, boats, launches, lighters, horses, mules, wagons, and other property of the said lessee on the islands of Saint Paul and Saint George, including the dwellings of Maintenance of the natives of said islands; he shall likewise have authority to establish and maintain depots for provisions and supplies on the Pribilof Islands and to provide for the transportation of such provisions and supplies from the mainland of the United States to the said islands by the charter of private vessels or by the use of public vessels of the United States which may be placed at his disposal by the Food, etc., to President; and he shall likewise have authority to furnish food, shelter, fuel, clothing, and other necessaries of life depots, etc. natives. 1 See note 3, page 88. |