The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-09-05
Citizens Only May
Fish Free in
Hawaii.
COLLECTOR HEARS
FROM WASHINGTON
The Department Rules That Fish
Caught by Aliens Must Go
through Customhouse.

Aliens fishing in the waters of the
must pay duty of one cent per pound
upon all fish brought here according to
ruling made by the Treasury Depart
ment upon the question recently sub
mitted by Customs Collector Stackable
Under this Interpretation of the stat
utes, Japanese and Chinese fishermen
in Hawaii will be compelled to enter
the fish caught in sea waters, either
within or outside the three mile limit,
at the custom house, while American
citizens, including of course Hawaiians,
will not only be exempt from duty but
will also be free from the annoyance,
delay and expense of satisfying the
customs authorities upon each catch
!. Of fish. The still more important ques-
tion of the right of aliens to fish at all
in Hawaiian waters is still before the
department and it would not be sur
prising if the Japanese fishermen were
entirely barred from fishing here, and
the monopoly now enjoyed by the
Orientals, would be much more effect
ually broken up than it will be with
the discrimination in favor of Ameri-
can citizens.
The important questions involved in
this matter were first brought up by
H. J. Bray, fish dealer who submitted
them to United States Attorney Breck-
ons. He claimed that the Japanese and
Chinese had combined in a monopoly
which not only attempted to prevent
him from engaging in business at the
fish market, but also sought to prevent
fish being sold to him. He urged that
the Orientals were so controlling the
trade. as to drive Hawaiians and other
American citizens out of the business,
and were also greatly diminishing the
food supply of the Islands. Bray also
contended that the Japs as aliens should
be compelled to pay duty. The letter
was referred to Collector of Customs
E. r. Stackable. and the query was by
him sent to Washington for an opin-
ion.
In the last mail the following reply
was received:
Treasury Department,
Office of the Secretary,
Washington, August II, 1902.
The Collector of Customs Honolulu d.
sir:-The Department duly received
your letter of the 10th ultimo, relative
fich
ters of Hawaii.
You state that "It is claimed by
American citizens here that fish caught
by aliens either within the three mile
limit or beyond it, are subject to duty,
while those caught by American citi-
zens and brought in are not subject to
duty, the distinction being claimed un-
der section 95 of the act of April 80,
1902, providing that all fish
cries in the sea waters of the Territory
of Hawaii not included in any fish pond
or artificial inclosure, shall be free to
all citizens of the United States
The above law is in harmony with the
provision in para graph 60 OF the tarlH
act of July "a, 1897 which exempts from
duty ''spermaceti, whale. and other fish
oils of American fisheries. and all tish
and other products, of such fisheries.
The former relates to the right to fish
and the latter to duties. You Will,
therefore, be governed by the .regula-
tions and decisions under said para
graph of the tariff in the matter of
duties. (See Article 479 ct seq. Of the
customs Regulations of 1899 and de-
cisions cited in the margins thereof.)
Respectfully,
H. A. TAYLOR,
Assistant Secretary.
A. J.
Article 479 in the customs Regula-
tions referred to by the Assistant Sec
retary of the Treasury says that Fish
and all other articles. the produce ot
American fisheries, and fresh or frozer