The Daily Alaska empire., 1950-04-28
FISH CONTROL DEFECTIVE IN
 |HR 331:ALLEN
More Confusion Instead of Cldrifieafion :" What
 Is States Fooiing?'

WASHINGTON, April 25 = H, - Edward Allen. Seattle attorney and member of the International Fish, cries Commission. contended today that the pending bill to give Alaska statehood fails to deal properly with the Territory's waters and fisheries.
 Allen was opposing the House. passed bill before the Senate In- terior Committee. It was the second day of opposition testimony. Sup- porters of statehood presented their case at length earlier in the week. From legal standpoint, the bill is defective both for what it says and what it fails to say con- corning Alaskan waters and fish, cries." Allen declared.
 Allen said the 1946 Supreme Court decision in the so-called tidelands case enormously increased Federal power.
 He said states were held in that case to have no ownership whatever in the marginal or three-mile belt, either in or beneath ocean waters, and could exercise fishery control only as the Federal government permitted.
 The statehood bill would, he said, transfer control of its fisheries to Alaska.
 Fishery Complicated
 Then, too. Allen continued in his statement, the Federal government has signed international treaties regulating halibut in and out of Alaskan waters.
 Fur seals, he added, are regulated by treaty with Canada and coastal fisheries of Alaska are confronted with international complications with Japan and Russia.
 With the law in a hazy condi- ton and the international situa- ton complicated as it iss this pill instead of attempting to cIarffy the picture just adds more confusion" he said.
 Tt purports to donate all fish, cry conservation facilities to Alaska but wholly fails to make clear what authority the new state would have to deal with the fisheries. To be sure it says that Alaska shall be on the same footing as prior states. But what is that footing?
 Under the California Tidelands decision, that footing would seem to be such local control as Con- gress grants, but H.R. 331 does not make any definite grant of control"
 Allen said there are complete Federal fishery laws. These are not repealed by the bill, he said, and may very well be held still in effect"
 May Violate Treaties
 He said that if 1t was held the bill transfers full fishery control to Alaska it may violate the halibut and fur seal treaties.
 Expressing the opinion that if the bill is enacted it would probably require a number of law suits" to determine it's meaning, Allen added this may be exactly opposite of what the proponents of the bill had in mind"
 In the meantime, he said, the whole situation of Alaska fisheries, with all their international rever- berations. may be in state of com plete confusion"
 Ralph Wood, retired Navy Rear Admiral who commanded the 17th Naval District (embracing all of Alaska) during part of World War Two, testified that in his opinion it makes no difference whether Alaska is a state or territory as far as national defense is con- cerned."
 Defense Unaffected Were Alaska to become a state tomorrow" he said. it would not alter, am sure. the general over all defense problems. Be advised I am not debating the merits of statehood. I arr simply pointing out that the question of national de- fense is not germane to the issue" w. c. Arnold. managing director of the Alaska Salmon Industries, Ins., who yesterday strongly opposed the statehood bill. told the commit tee today he believes the argument that statehood would aid defense and is necessary for national de-