INDIAN AFFAIRS: LAWS AND TREATIES

Vol. V, Laws     (Compiled from December 22, 1927 to June 29, 1938)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1941.


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PUBLIC ACTS OF THE SEVENTY-THIRD CONGRESS, SECOND SESSION, 1934
Chap. 15  |  Chap. 38  |  Chap. 43  |  Chap. 46  |  Chap. 55  |  Chap. 89  |  Chap. 93  |  Chap. 102  |  Chap. 104  |  Chap. 146  |  Chap. 147  |  Chap. 169  |  Chap. 221  |  Chap. 223  |  Chap. 319  |  Chap. 320  |  Chap. 321  |  Chap. 323  |  Chap. 337  |  Chap. 364  |  Chap. 394  |  Chap. 407  |  Chap. 442  |  Chap. 521  |  Chap. 539  |  Chap. 540  |  Chap. 548  |  Chap. 549  |  Chap. 568  |  Chap. 570  |  Chap. 573  |  Chap. 576  |  Chap. 586  |  Chap. 648  |  Chap. 664  |  Chap. 688  |  Chap. 690  |  Chap. 749  |  Chap. 756  |  Chap. 758  |  Chap. 846  |  Chap. 865

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Chapter 146
April 16, 1934. | [S. 3022.] 48 Stat., 594.

An Act To amend sections 3 and 4 of an Act of Congress entitled "An Act for the protection and regulation of the fisheries of Alaska", approved June 26, 1906, as amended by the Act of Congress approved June 6, 1924, and for other purposes
Section 2

Margin Notes
Chap. 146 Alaskan fisheries.
34 Stat., 479; 43 Stat., 465, amended.
Chap. 146 Restriction on use of fixed obstructions for taking salmon.
Chap. 146 Certain rivers excepted.
Chap. 146 Provisos Exception solely for benefit of natives.
Chap. 146 Take of king salmon for commercial purposes under regulations.
Chap. 146 Persons classed as bona fide inhabitants and native Indians.
Chap. 146 Mouth of streams, etc., to be determined.
Chap. 146 Distances required in laying seines, etc.
Sec. 2 34 Stat., 479; 43 Stat., 466, amended.
Sec. 2 Fishing, except by hand, etc., or near mouth of stream, etc., unlawful.
Sec. 2 Excepted rivers.
Sec. 2 Provisos. For local food, etc., excluded.
Sec. 2 Commercial fishing by natives, etc., in designated waters.
Sec. 2 Persons deemed bona fide inhabitants, etc.

Page 363

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 of the Act of Congress entitled "An Act for the protection and regulation of the fisheries of Alaska", approved June 26, 1906, as amended by the Act of Congress entitled "An Act for the protection of the fisheries of Alaska, and for other purposes", approved June 6, 1924, be, and the same is hereby, amended to read as follows:

"SEC. 3. That it shall be unlawful to erect or maintain any dam, barricade, fence, trap, fishwheel, 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 is less than one thousand feet; or within five hundred yards of the mouth of any creek, stream, or river into which salmon run, excepting the Karluk, Ugashik, Kuskokwim, and Yukon Rivers, with the purpose or result of capturing salmon or preventing or impeding their ascent to the spawning grounds, and the Secretary of Commerce is hereby authorized and directed to have any and all such unlawful obstructions removed or destroyed: Provided, however, That the exception hereinabove contained with reference to the Kuskokwim and Yukon Rivers shall be solely for the purpose of enabling native Indians and bona fide permanent white inhabitants along the said rivers to take from said rivers for commercial purposes and for export from the Territory of Alaska king salmon in such manner and such quantities, and at such times as the Secretary of Commerce may, by suitable regulations, from time to time permit: Provided, further, That no person shall be deemed to be a bona fide permanent inhabitant of the said rivers who has not resided thereon, or within fifty miles thereof for a period of over one year, and that the term 'native Indians' as used herein shall be taken to mean members of the aboriginal races inhabiting Alaska when annexed to the United States, and their descendants of the whole or half blood. For the purposes 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 accordance 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 endwise of any other trap or fixed fishing appliance."

SEC. 2.

That section 4 of the Act of Congress entitled "An Act for the protection and regulation of the fisheries of Alaska", approved June 26, 1906, as amended by the Act of Congress entitled "An Act for the protection of the fisheries of Alaska, and for other purposes", approved June 6, 1924, be, and the same hereby is, amended to read as follows:

"SEC. 4. That it shall be unlawful 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

Page 364

five hundred yards of the mouth of any such creek, stream, or river over which the United States has jurisdiction, excepting the Karluk, Ugashik, Yukon, and Kuskokwim Rivers: Provided, That nothing herein contained shall prevent the taking of fish for local food requirements or for use as dog feed: Provided further, That the exception hereinabove contained with reference to the Kuskokwim and Yukon Rivers shall be solely for the purpose of enabling native Indians and bona fide permanent white inhabitants along the said rivers to take from said rivers for commercial purposes and for export from the Territory of Alaska king salmon in such manner and such quantities, and at such times as the Secretary of Commerce may, by suitable regulations, from time to time permit: Provided further, That no person shall be deemed to be a bon fide permanent inhabitant of said rivers who has not resided thereon or within fifty miles thereof for a period of over one year, and that the term 'native Indians' as used herein shall be taken to mean members of the aboriginal races inhabiting Alaska when annexed to the United States, and their descendants of the whole or half blood."

Approved, April 16, 1934.


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