Page:United States Statutes at Large Volume 48 Part 1.djvu/621

 73d C ONGRESS. SESS. II. CH. 146. APRIL 16, 1934 . 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, fis hwheel, o r other f ixed or s tationary obstruc- tion 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, stre am, or river into which s almon run, e xcepti ng the Karluk, Ugashik, Kuskokwim, and Yukon Ri vers, with the purpose or result of capturing salmon or preventing or impeding their ascent to th e spa wning gro unds, and the Secre tary of Co mmer ce is here by authorized and directed to have any and all such unlawful obstruc- tions 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 quan- tities, and at such times as the Secreta ry 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 inhabi- tant of the s aid ri vers w ho has not r esided thereo n, or within fifty miles thereof for a period of over one y ear, 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 determine d as such mouth by the Secretary of Commerce and marked in accordance with this deter- mination. 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 Al aska, or to drive or to c onstru ct 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 five hu ndred yards of the mouth of an y such creek, strea m, or river over wh ich th e Unit ed Sta tes ha s juri sdictio n, exc epting the K arluk, Ugashik, Yukon, and Kuskokwim Rivers : Pro vided, T ha t no th in g herein contained shall prevent the taking of fish for local food requirements or for use as dog feed : Prov ided furt her, 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 said rivers who has not resided thereon or within fifty 595 Restriction on use of fixed obstructions for taking salmon . Cer tai n rivers ex- cep ted. Provisos. Exception solely for benefit of natives. Take of king salmon for commerci al pur - poses un der regul a- tions. Persons clas sed as bona fide inha bita nts and native Indians. Mouth of streams, etc., to be determined. D istan ces requi red i n laying seines, etc . Vol. 34, p. 479 43, p. 466, amended. Fishing, except by hand, etc ., or near mouth of stream, etc ., unlawful. Excepted rivers. Provisos. For local food, etc ., excluded. Commercial fishi ng by natives, etc., in des- ignated waters. Persons deemed bona fide inhabitants, etc.
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