The Alaska daily empire. [volume] (Juneau, Alaska) 1912-1926, 1922-11-22
BUREAU FALLS SHORT OF IT'S DUTY.

The statclncnt CT Commissioner ,O'Malley, of the
Bureau of Fisheries appearing in The Empire last
week in which he outlined the policy OF the Bureau
relative to the taking of salmon from Territorial
waters by persons or organizations foreign to the
Territory is satisfactory. The Commissioner said:
The Bureaus position in this matter is
that the State Commission entered the Alas
kan field without permission from the De-
paltment OF Commerce and in principle their
operations wrong because Alaskan wat
ors had been ished very hard for long
period of years. Where canneres are not
now operated it would desirable to
permit the of salmon to re-establ1sh
themselves.
The statement in which this appeared issued
by DR.. O Maey in answer to an editorial in The
Empire charging while the Bureau had locked the
front door Territorial waters at Anan Creek, the
Washington State Fish Commission last Fall entered
the back door in Prince William Sound and took
some 100000 salmon eggs and shipped them to
Seattle contrary to law. The Commissioner sets up
that the Washington Commission had taken TO-
600 900 eggs before the Bureau notified by its
Cordova representative of what being done; that
the Bureau ordered immediate cessation of opera
tons; that owing local sentiment at Cordova being
favorable to the shipment Of the eggs south the
Bureaus original orders modified to allow not
to exceed Is 000,0 to be taken. Representations
made the Bureau, he further adds that there
was an immense OF humpbacks in the district
and none of the canneries were packing that variety
The statement is interesting for two striking facts
II brings out. One that the Bureau Fisheries
approved of action and gave its consent thereto
which wholly outside of the law interpreted
by its cwn legal advisers In opinion given by its
solicitor several months and distributed to its
agents in the field, the taking of salmon eggs from
fish in spawning streams cannot be done legally unless
certain number Of fry fish in other forms are
returned to replace the taken DR., OMalley adj
mts that auh ority given to the Washington Com
mission 10 take $1,000 600 and that actually H.
151,708 were taken. All of them shipped
side of the Territory and replacement whatever
undertaken CT even requested. From where did the
Bureau get its authority permit such action? Is
il superior to the law? 1t certainly be claimed
that it was unaware OF the requirements the
statutes.
The second striking fact brought by the Com
mfssioners statement is that effort made what
ever to ascertain the opinion of Territorial authorities
regarding the invasion of Alaskan spawning streams
by outside interests. The Governor was not ap-
preached No member of the Territorial Fish Com
mission was communicated With the sanction
or advice of the Commission asked.
1t is not charged that any serious damage was
done by the operations of the Washington Commission
Probably the taken will never be missed But
dangerous precedent has been set. In ignoring the
advice of its counsel to the law by going ont
side the law, and by utter neglect OF the right of the
Territorial Government be heard in the matter the
Bureau OF Fisheries has certainly fallen far short of
Its duty to the Territory and given ammunition to its
enemies who will not fail it in attacks on the
bureaus more important policies. position of the
Bureau quoted at the is the correct one and
Is hoped that it will followed cut in future
instances