The Alaska daily empire., 1921-05-25

full for any person to fish for, take, or kill any salmon, or carry on any fishing in the prosecution of which salmon may be taken or injured, in any stream or lake or other body of fresh water in Alaska: Provided. That this prohibition shall not apply to persons taking salmon in such waters for personal or family use or for animal food in Alaska. and not for sale or barter or export from Alaska.
 Sec i4. Unlawful to Waste Food Fish, Shellfish, or Mammals-That it shall be unlawful for any person to waste any food fish, shellfsh or aquatic mammals taken or caught in any of the waters of Alaska: Pro vided That unavoidable waste shall not be deemed a violation of this Act.
 Fish for Fertilizer
 Sec. 15. Use of Food Fish for Fertilizer, and so forth.-That it shall be unlawful to use the edible part of any food fish. shellfish, or aquatic mammals taken from the wa ters of Alaska in the manufacture of fertilizer, fish meal, fish oil, or other products. except as authority therefor may be granted by the com mission.
 Sec 16. Pollution of Water. That it shall be unlawful to place or cause to be placed in any of the waters~of Alaska any explosive, poisonous, or deleterious substance whatsoever for the purpose of catching. taking. kill ing. or injuring fish, or to place or deposit in, or discharge or pass into, or cause to be placed where it may pass into, any waters of Alaska any lime or other caustics, tar, petroleum asphalt, bitumen, or other carbona- ceous materials, oils. acids, or sul- plates, or compounds thereof, saw dust, shavings, slabs, edgings, mill or factory refuse, slag, sliucings, tail ings, or any other substance inju- rious to fish, fish fry, or the food oi fish, or to the spawn or spawning beds of fishes, and in the case of the substances above expressly emu merated it shall not be necessary to prove that the pollution of the wa ters by these substances in the par ticular case in question has actually caused injury to or the death or de structiOn of any fish, fry, spawn, spawning bed or fish food:' Provided, That nothing in this Act shall be con strued to prohibit the proper use of explosions in connection with the construction of buildings or improve ments: Provided further, That the placing of fish offal or fish waste in the waters shall not be deemed a violation of this Act, except that the commission may prescribe rules reg ulating the placing of offal in bays or coves where herring abound
 Fishways on ans.
 Sec IT. Dams to Be Provided with Fishways.-That it shall be un- lawful for any person to construct, erect, build, or place any dam or other obstruction in any stream in Alaska without providing therewith a durable and efficient fshway, in accordance with plans and specified tions provided by the commission unless the commission determines that the fishway is not essential to the conservation and preservation of the fisheries of Alaska. All such fish ways shall be constructed and in stalled simultaneously with the building and erection of the dams or Instructions to which they will be related. Every fshway required by this Act shall be maintained in a practical and effective condition~by the owner of the dam of which it is a part, and all fishways shall be kept open, unobstructed, and sup piled with a sufficient quantity of water to freely admit the passage of fish through the same.
 If any person shall fail to construct and maintain any such fshway or to remove such dam or obstruction i'll the manner satisfactory to the commission and within the time stated by the commission after writ ten notice thereof shall have been served on the owner, his agent, oS the person in charge, such dam or ob- struction shall become public nui- sance, and the commission shall take possession of it in the name of the United States and destroy it, and no liability shall attach for such destruction or the commission may construct suitable fshway, the ac' tual cost of the construction of which shall constitute a lien upon the dam or obstruction. and the owner there of shall be liable in a civil action to the United States for such cost. No dam or obstruction shall be erect ed or placed in any stream to a height that in the judgment of the commission shall make fishway thereover impracticable, except as hereinafter provided.
 In the event that any person de- sires to construct a dam or obstruc-