The Daily Alaska empire. [volume] (Juneau, Alaska) 1926-1964, 1939-05-23

national departments dealing with fisheries of Canada
and the United States and the fishing interests in
voved including not only the operators but the various
fishermen's and cannery workers unions have all be-
greatly exercised the invasion of offshore
waters by floating Japanese canneres and the threat
this invasion constitutes conservation and
walton of the fisheries.
The State Departments of the United States and
Canada have been responsive, but find themselves
faced with the contention that governments are
rretrevably bound to the hree-mile doctrine that
they helpless to ward off these foreign threats
In this situation, some of those interested had the
temerty to question whether these two great nations
were as impotent as had been suggested Research
disclosed that there probably great msconcep-
tion of the origin recognition, application, and in
fexbility of the three-me doctrine a doctrine in
consistent with its origin often inequitable in
its application, far from being universally recognized
and among whose own advocates there is no unani-
nifty as to its scope.
DR. Joseph Walter Bingham of the Law School
of Stanford University, who has made special and
thorough study of the background of the problem
points out that international law is in constant
state of flux and that generally speaking, modern
international law of the sea has been the result Of
British diplomatic and jurisc ingenuity backed by
British power and prestige, and has changed from
me to time in accord with British self-interest Ii
until the early part of the last century that
England completely reversed its previous position and
response to commercial naval and fishery interests
developed the present doctrine combining foreign
gitorial Jurisdiction marginal narrowest
width
The United States, guided largely by similar in
terests in this country and particularly the New
desires to fish off the great banks to the
north readily followed Englands lead British di-
Domacy. however has never hesitated to back away
from the universal application of the doctrine when
ever was considered polite to do So whereas in this
country there has been a tendency, particularly by
text writer's to be dogmatc in asserting the doctrine
regardless of interests its rationale Among
The nations at large there has been uniformity in
the matter.
Different fisheries have had greatly variant in
ternationa backgrounds On the North Pacific Coast
however the commercial fisheries followed instead OF
preceded settlement and SO clearly the property
Of the Nations which they adjoin and of which they
are, in fact, part They originated with the two
nations which owned the entire shore line They have
been wholly developed, over-fished conserved and
restored out to the edge of the continental shelf by
these nations and them alone, and have been
cusvely engaged in by the people vessels these
two nations without interference until the recent
japanese invasion AS to Bristol Bay in particular
the enjoyment by the United States has been SO long
and exclusive well to entitle this country assert
title to the bay historic bay
The problem is of vital importance to the
people of Canada and the United States. The fishing
industry exceeds in importance all other industries
of Alaska combined and is one of the major indus
tries of British Columbia and the three Pacific Coast
states. More than $4,000 men are directly employed
probably as many again indirectly in shipyards
making plants and other allied industries The annual
value of the industrys products approximates $780,
100000 But of greater Importance is the ques-
ton of whether by rational conservation methods
an enormous food resource shall be, it can be-
utilized in perpetuity whether it shall be destroyed
for the very brief and temporary benefit of certain
marine exploiters.