Seward daily gateway., 1925-06-12
NO CHANGES OF
 REGULATIONS ON
 YUKON POSSIBLE
DEPARTMENT IS WITHOUT THE AUTHORITY TO ACT, CON-
 MISSIONER WRITES.

The Department of Commerce is without authority to remove the restrictions against commercial fish 1 ing in the Yukon River, whether by residents or non-residents, ac- cording to a letter just received by 1 Secretary Karl Theile from Com missioner Henry OMalley, U. s. Blu reau of Fisheres. He added that facts developed in connection with the salmon fisheries of that stream in protests made by residents of the Yukon Valley made the Bureau unfayorable to asking Congressional action permitting it to modify pres ent restrictions
 The matter of opening the Yukon River to commercial fishing by resi- dents was brought to the attention of the Department of Commerce by House Joint Memorial No. 3, passed by the last Alaska Legislature. This embodied a resolution on the subject which was adopted by the Grand Igloo of the Pioneers of Alaska at it's annual meeting held here last March.
 Text of Letter
 The Commissioners letter fol- lows:
 "The receipt is acknowledged of your letter of April 24, 1925, enclos- ing certified copy of House Joint Memorial No. 3, adopted by the pres ent session of the Alaska Legisla- ture, requesting authority that sal mon caught in the Yukon River be sold without market restrictions. Your courtesy in forwarding this document is appreciated
 T desire to call your attention that it is impossible for the Bureau to take any action looking to the opening of the Yukon River to com mercial fishing by residents of oth- CTS. Section i of the Act of Con gress approved June 6, 1924, is as follows:
 "'That it is unlawful to fish for take, or kill any salmon of any spe- cies or by any means except by hand rod, spear, or gaff in any of the creeks, streams, rivers of Alas Iyo wit r1 of the mouth of any such creek, stream of river over which the United States has jurisdiction, ex- cepting the Karluk, and Ugashik Rivers; Provided, that nothing con tained herein shall prevent the talk ing of fish for local food require ments or for use as dog feed
 Limited To Two Rivers.
 Referring to the authority given the Secretary of Commerce, the Act specifically states in section 1 that The right to establish fishing areas and to permit limited fishing therein shall not apply to any creek, stream, river, or other bodies of water in which fishing is prohibit ed by specific provisions of this Act The only streams in which commercial fishing is permitted un- der the law are the Karluk and Ugashik Rivers. It is, therefore, clear that the Secretary of Com merce has no authority to permit fishing in the Yukon River except for local food requirements and for use as dog feed It would not seem that this proviso in any manner authorizes commercial fishing in Yu- kon River without restriction as to disposition of catch.
 Move Is UnfavorabIe.
 Furthermore, it will be recalled that for a number of years past, and particularly during the time that a salmon cannery was in oper- ation near the mouth of the Yukon RlVtr, 2ctlVe prOpagandi was cdIl1eu on ia bena!f of the native; and white residents of the Yukon Val ley to stop all commercial fishing in order to provide for loca; needs for human food and dog feed. It was then brought out that the run of salmon in the Yukon River was not large in comparison with the size of the river and considering the great extent of the spawning area, it was also shown that there was great variation from year to year in the size of the runs.
 Therefore, even if it were pos sible to modify the restrictions now in effect, the Bureau would not feel that it could recommend the