The Alaska daily empire., 1921-05-25

tiOn in any stream to height that in the judgment of the commission will make a fishway impracticable. and fishway, would be- required by this Act. such person shall make ap- riication to the commission for re- lief from the requirement. of such fishway, and the commission is here by authorized to grant such relief in its discretion, upon the condition that the person so applying shall convey to the United States a site of the size and dimensions satisfac- tory to the commission, at such place as may be selected by the commis- sion, and the applicant shall erect thereon at his expense a hatchery and hatchery residence, according to plans and specifications to be fur. nished by the commssion, and shall enter into an agreement with the commission, secured by a good and sufficient bond. to finish all water and lights without expense to op- crate the proposed hatchery; and no such relief shall be granted by the commission. until the person apply ing for such relief shall have actu- ally conveyed such land to the United States and erected the hatch cry and hatch ny residence in ac- cordance with such plans and sFeci- fications The provisions of this sec tion shall not apply to persons or cases where dams or ohstructions have bean heretofore constructed or placed i,1 streams to height where the construction of a fshway is i'm practica ble
 Obstructiona Prohibited.
 Sec l. Barricades and Oth& Ob structions.-That it shall be unlaw- fu to erect or maintain any barri cade. fence, or other fixed or sta ticaary obstruction, except for pur- poses of fiSh culture. in any of the waters of Alaska which will pre- vent CT impede the ascent of fish to their spawning grounds, and the commission is hereby authorized and directed to have any and all such un- lawful obstructions removed or de- stroyed
 Piracy.
 See. 19. Piracy.-That it shall be unlawful for any person, ,e|othar than the owner thereof. or his agent or employees, to brail, take or remove any fish, shellfish, or aquatic nam mals from any fishing appliance, or to take or remove any fish, sheliGsh or aquatic mammals from any ves- sel, float or premises whatsoever. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by fine of not less than $250 or Imprisonment not less than sixty days, or by both such fine and i'm prisonment.
 Y, Aliens Barred.
 | Sec 20 Alien Fishermen Prohibited That it shall be unlawful, for any person not citizen of the United States and who has not declared his intention to become citizen of the { United States, or for any person who has pleaded his exemption from war service on account of alien birth, or | for any person who has allowed his declaration of citizenship to lapse, to take, fish for or kill any fish shellfish or aquatic mammals, or to engage in any operation of fishing III any CdpdClty WudJSOtFeI III ally of the Territorial waters of Alaska. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and for each offense shall be punished by a fine of not less than $250 or Imprisonment not less than sixty days or by both such fine and imprisonment
 Transporting Restrictions.
 Sec. 21. Restrictions as to Packing and Transportation of Fish.-That it shall be unlawful to can, cure, pack, or preserve for food purposes any salmon or other fish, shellfish, or aquatic mammals which have been transported in bulk more than o.e hundred miles without boxing O. icing, except in the craft or vessel in which said fish, shellfish or aquatic mammals were first placed; and 1t shall be unlawful to can or preserv e | for food any fish that has been re- moved from the water for longer period than forty-eight hours, unless artificially chilled.
 | Sec. 22 Jurisdiction of War De- partment Over Navigable Waters Un- affected. That in so far as this Act applies to navigable waters, it shall not be construed as modifying or Irepealing any existing Federal law living to the Secretary of War au- thority or jurisdiction over such Wa ters for the purpose of navigation. Executive Orders in Force.
 Sec. g. Executive Orders.-That the proclamation off the President dated Decmeber "A. 1892, creating the Afognak fisheries reservation, and the eecutive orders of February 1, 1906, March 3, 1913, and April 2S, 1916, creating respectively the Yes Bay reservation. the Aleutian Islands reservation, and the Annette Island i fishery reserve. shall remain in full force, and the enforcement of the provisions thereof is hereby trans ferred to and vested in the com mission which shall have full power and authority over all matters per taining to the fisheries therein. Sec. 24. Violations-How Prose cuted.-That any violation of this Act may be prosecuted in any district court of Alaska or in any Federal