PROHIBITED ACTS SEC. 3. For the purposes aforesaid, it is hereby provided that— (a) It shall be unlawful at any time, by any means, or in any manner, to fish for, to capture, to catch, or to attempt to fish for, or capture, or catch, any fish, including shellfish, found in the waters to which this Act is applicable or to possess any fishing apparatus in any such waters, except as permitted by regulations made as hereinafter provided; and (b) It shall be unlawful for any person, partnership, company, corporation, or association to land on or to bring into any place subject to the jurisdiction of the United States, other than for personal use, any fish, or any fish product derived from any fish, captured or caught in violation of subsection (a) of this section where such person, partnership, company, corporation, or association knew of such violation at the time it acquired such fish or fish product. DETERMINATIONS AND REGULATIONS SEC. 4. Subject to the provisions of this Act and having due regard to the distribution, abundance, natural history, and the times of occurrence and recurrence of such fish as are found normally in waters to which this Act is applicable the Director of the Fish and Wildlife Service of the Department of the Interior is authorized and directed to determine when, where, to what extent, if at all, and by what means, the fishing for or capture of any such fish or species of fish may be permitted, and to what extent, if at all, the landing on or bringing into any place subject to the jurisdiction of the United States of food fish, or fish products derived from fish, captured or caught in such waters may be permitted to accomplish the purposes of this Act; and said Director, in accordance with the provisions of this Act, is authorized and directed subject to the supervision of the Secretary of the Interior to adopt and promulgate from time to time reasonable regulations permitting and governing such activities in accordance with such determination. MANDATORY FROVISIONS SEC. 5. The regulations herein provided for shall- (b) Require every individual engaged in catching fish for commercial purposes in any waters to which this Act is applicable to obtain annually, upon the payment of a fee not to exceed $1, a license prior to engaging in such operations, but no person shall be refused a license except upon the ground that he is an alien; (c) Require that prior to its erection, use, or maintenance, as the case may be, in any of the waters to which this Act is applicable, a permit be secured: (1) by the owner or operator of every fish cannery, saltery, cold storage, or other processing plant covering the use of each vessel, boat, net, or other type of fishing apparatus (other than a fish trap or pound net) used for the capture, catching, or recovering of fish in connection with the operation of such plant; (2) by the operator of each vessel, boat, net, or other type of fishing apparatus (other than a fish trap or pound net) not used in connection with any particular fish cannery, saltery, cold storage, or other processing plant; (3) for the erection, use, or maintenance of each dam, barricade, weir, fence, or other fixed or stationary obstruction (other than a fish trap or pound net) having for its purpose or resulting in the taking of fish or in impeding ascent to the spawning grounds (a vessel, boat, net, or other fishing apparatus shall be deemed to be used in connection with a plant while any arrangement is in effect for the exclusive use thereof in connection with such plant by reason of ownership, charter, contract, or employment); (d) Require every person, partnership, company, corporation, or association engaged in the use of ocean bottom for oyster cultivation or for fish-trap location, to obtain a lease therefor prior to engaging in such cultivation or the erection or installation of a fish trap on such location; and (e) Prescribe reasonable terms and conditions under which the permits and leases required by this section may be issued, renewed, extended, suspended, abandoned, canceled, forfeited, or transferred by contract or devolution of law, but no permit shall be issued for a period of less than one year and no lease shall be issued for a period of less than five years. The fact that the applicant for a permit or a lease in any fishing area or location shall have held previously for any specified period a permit or a lease in such fishing area or location, or is the applicant for or the holder of a permit or a lease in some other fishing area or location, shall not be a bar to the issuance thereof. PERMISSIVE PROVISIONS SEC. 6. The regulations herein provided for may— (a) As to any fishing area for general application throughout such area, fix the size and character of vessels, boats, nets, fish traps, or of any other types of fishing apparatus, including any dam, barricade, weir, fence, or other fixed or stationary obstruction which shall have for its purpose or shall result in the capture of fish or in impeding their ascent to the spawning grounds, and the number of fishing apparatus of each type that may be used; and designate the minimum distance between fish-trap locations and the locations within which fish traps may be operated and the locations within which oyster cultivation may be pursued; and/ limit, other than individually for any operator or fishing appliance or types of fishing apparatus, the catch of fish that may be taken in any such fishing area, and otherwise specify the time, means, methods, and extent of fishing; (b) Prescribe open and closed fishing seasons in the whole of or any part of any fishing area; and (c) Require for the purpose of offsetting the administrative expenses in connection with the issuance of such licenses, permits, and leases as may be required by this Act or any regulations authorized thereunder, the payment of reasonable fees for any permit issued pursuant to the requirements of section 5, subdivision (c), on the basis of not to exceed $5 for each fishing apparatus of the type or types included in such permit, and the payment of reasonable uniform rentals for such ocean bottoms as may be occupied under leases for oyster cultivation or fish-trap locations in accordance with the provisions of this Act on the basis of not to exceed $1 per acre for oyster cultivation and $25 for each trap site. ALLOTMENT OF PERMITS AND LEASES SEC. 7. Whenever the number of any type of vessels, boats, nets, or other fishing apparatus (other than a fish trap or pound net) that may be used in any fishing area is fixed or changed by any regulation, permits pursuant to the provisions of section 5 (c) (1) and (2) of this Act shall be granted, first, to (and in the event of a reduction in number, proportionately between) such applicants which, or whose predecessors in interest, shall have last operated such type of vessels, boats, nets, or other fishing apparatus (other than a fish trap or pound net) during substantial portions of the fishing season in any of the five years immediately preceding publication of such regulation next, to other qualified applicants. To the extent that fractional numbers render reasonably proportionate reductions of vessels, boats, nets, or such other fishing apparatus impracticable, reductions shall be made in such reasonable manner as the regulations shall prescribe. Whenever, in any area, the use of locations subject to lease is fixed or changed by any regulation, leases pursuant to the provisions of section 5 (d) of this Act shall be granted, first, to such applicants which, or whose predecessors in interest, shall have last used such specific locations, or approximately such locations, during substantial portions of the fishing season in any of the five years immediately preceding publication of such regulation; next, to other qualified applicants. No applicant who would otherwise be entitled to such a permit or lease shall be excluded because of nonuse during any particular year or years which resulted from causes beyond the reasonable control of such applicant, which causes shall particularly include, but shall not be limited to, shortage of materials, shortage of men or equipment, labor difficulties, shortage of transportation, fire, flood, acts of God, of Government, other than under this Act, or of the public enemy, accidents to machinery or equipment, or loss of vessels. No regulation shall in any way qualify the recognition of the rights in any fishing area accorded by this section on the basis of the extent of any applicant's operations in any other area or areas. Applications for permits or leases based upon prior use shall be filed, in accordance with reasonable regulations, promulgated pursuant to the provisions of this Act. If within four years (or such further time as the Director shall authorize in view of the average life cycle of the variety of salmon predominant in the area) after any such fixing or reduction in the number of any type of vessels, boats, nets, or other fishing apparatus, or the limitation of, or closure to, leasing of locations, any later regulation shall restore to any extent the former number of vessels, boats, nets, or other apparatus or the use of locations subject to lease, permits or leases, as the case may be, for such number of vessels, boats, nets, or other fishing apparatus, or for the use of locations so restored, shall be issued first to those who would have been entitled to such permits or leases except for such reduction or closure, and next to qualified applicants by lot. In the event of such restoration of the use of a location, there shall be allotted, so far as practicable, to the former occupant or lessee any location so reopened which is located approximately on or at that previously occupied or leased. APPROVAL BY SECRETARY OF WAR WHEN REQUIRED SEC. 8. Any application for a permit or lease for the construction or placing of any dam, barricade, weir, fence, fish trap, or other fixed or stationary obstruction in Alaskan waters, the construction or placing of which must be approved by the Secretary of War pursuant to the Rivers and Harbors Act of March 3, 1899, shall be submitted by the Director to the Secretary of War within thirty days after the filing of such application. The Secretary of War shall approve or disapprove such application within a reasonable time and notify the Director of such action. Upon the approval of any application by the Secretary of War, subject to whatever lawful reservations he may make, which reservations shall be included in the permit or lease, and the subsequent issuance of such permit or lease by the Director pursuant to the provisions of this Act, no further license, permission, or authorization shall, notwithstanding any other provision of law, be required with respect to the construction or placing of the dam, barricade, weir, fence, fish trap, or other fixed or stationary obstruction covered by such permit or lease. REPORTS SEC. 9. Every person, partnership, company, corporation, or association engaged in capturing or catching, curing, or in any manner processing fish in any waters to which this Act is applicable, or in operating fish hatcheries in Alaska, shall make such detailed reports thereof to the Fish and Wildlife Service of the Department of the Interior, on blanks furnished by it, as the Director of the Fish and Wildlife Service shall deem necessary to determine the abundance and natural history of such fish and the disposition thereof. HEARINGS-PROMULGATION OF REGULATIONS SEC 10. (a) Prior to the adoption of regulations or changes in regulations authorized by this Act, and not later than the 1st day of November of each year, the Director of the Fish and Wildlife Service shall cause hearings to be held in the city of Seattle, Washington, and, in his discretion, in the city of Juneau or any other place or places in Alaska, concerning the regulations for the fishing season of the ensuing calendar year. Notice of the time and place of such hearings shall be given at least twenty days in advance by publication thereof in a newspaper of general circulation in the city of Seattle, Washington, and such other place or places as the Director shall designate. Insofar as practicable there shall be included in such notice a general statement of the proposed regulations or proposed changes so as to enable those who might be affected thereby to attend and prepare to present evidence at the hearing. (b) Any and all proposed new regulations or changes in existing regulations, including those proposed by the Fish and Wildlife Service, shall be formulated in writing and shall be made available at the beginning of such hearings to persons in attendance. To the fullest extent practicable, there shall be presented at such hearing by the Director or any employee of the Fish and Wildlife Service a statement of the facts which in the judgment of the Director require that such regulations or changes in existing regulations be issued or made in order to carry out the purposes of this Act. Any interested person, or the representatives or employees of any interested partnership, company, corporation, or association may present such additional facts as are relevant to the proposed regulations or changes. Thereafter regulations adopted by the Director and covering fishing for the ensuing year, which regulations shall contain no changes not submitted in writing at said hearings excepting only as the regulations or changes proposed may be modified as a result of said hearings, shall be published in the Federal Register not later than the 15th day of December next, and shall become effective upon such publication, unless modified or set aside as hereinafter provided. (c) There is hereby created in the Department of the Interior an agency to be known as the Alaska Fishery Review Board, consisting of three members and two alternates. The Secretary of the Interior shall be the chairman of the Board, and as such chairman shall have the sole power of determination of all matters submitted to the Board for review, except that he is authorized to appoint a member of the executive staff of the Department of the Interior as chairman of the Board for any particular hearing, who, when so sitting, and for the purpose of determining the matters heard by him, shall have the full power of chairman. The two other members of the Board shall be known as the advisory members and shall sit in an advisory capacity only. The advisory members of the Board shall be selected in the following manner: One of such members and one alternate shall be selected by employees engaged in the Alaska fishing industry, and one of such members and one alternate shall be selected by the employers engaged in the Alaska fishing industry, pursuant to such regulations as the Secretary of the Interior shall prescribe in order to make such selection reasonably representative. The advisory members shall each hold office for the term of one year and until their respective successors are selected. An advisory member of the Board shall receive no pay, but shall be reimbursed for his traveling expenses and expenses actually incurred for subsistence while traveling on duty and away from his residence. Excepting in such years as no appeal shall have been taken to the Board as herein provided, the Board shall hold an annual meeting in the city of Seattle, Washington, upon the first Monday after the 10th of January of each year, at which meeting it shall review promptly such of the annual regulations as to which applications for review have been made as hereinafter provided. The chairman and the member (or alternate) selected by the employees and the member (or alternate) selected by the employers shall constitute a quorum: Provided, That if two days after sending telegraphic or giving personal notice to absent members they shall still fail to attend the meeting, a quorum shall consist of the chairman and such other members as shall attend. (d) Within twenty days after the publication in the Federal Register of any regulation adopted pursuant to this Act, any person, partnership, company, corporation, or association whose fishery operations or employment are directly affected by any such regulation shall be entitled to have such regulation reviewed by the Board upon application therefor served on or mailed to the Director, a copy of which shall be served on or mailed to the Secretary of the Interior. Hearings shall be informal, but upon a hearing the applicant and the Director shall be entitled to appear in person or by representative, to introduce pertinent evidence and be given a reasonable opportunity to be heard. When such hearing has been held, the chairman, but only after consulting with the advisory members of the Board, shall have authority (subject to the approval of the Secretary where he is not the chairman) to affirm, set aside, modify, or refer back to the Director for modification in conformity with the decision of the chairman, any regulation or determination as to the necessity for any regulation which he shall find to be unreasonable or unnecessary for carrying out the purpose of this Act. It shall be the duty of the chairman to render a written decision upon each matter presented to the Board within twenty days after the hearing thereon, but not later than February 1 of each year. (e) The requirements of this section shall not be construed to prevent the Director of the Fish and Wildlife Service, from time to time, during the fishing season from shortening or extending closed fishing periods in accordance with comparable variations in intensity of runs from the expected intensity of such runs or to reopen closed areas should changed conditions justify. DETERMINATIONS BY THE DIRECTOR IN INDIVIDUAL CASES SEC. 11. (a) Any determination made pursuant to the provisions of this Act granting or refusing to grant, renewing, extending, suspending, revoking, canceling, or forfeiting, or refusing to approve the transfer of any lease, permit, or license, shall be in writing stating the reason for the determination, and notice thereof shall be sent forthwith by registered mail to the person, partnership, company, corporation, or association applying for or theretofore possessed of such lease, permit, or license. (b) Whenever the Director shall fail to act within thirty days upon an application for a license, permit, or lease, or assignment thereof, or whenever the Director shall make a determination pursuant to subsection (a) of this section, the applicant for any license, permit, or lease or the previous possessor thereof, as the case may be, or any other person, partnership, company, corporation, or association directly affected by such determination or failure to act, shall have the right, within twenty days after notice of such determination. is received or within twenty days after the thirtieth day after the filing of such application, to appeal to the Secretary of Interior pursuant to such regulations as he shall prescribe. The Secretary's determinations upon such appeal shall be in writing and notice thereof shall be sent forthwith by registered mail to the person, partnership, company, corporation, or association who or which filed such appeal. JUDICIAL REVIEW SEC. 12. (a) Whenever the Secretary shall fail to act within thirty days upon any appeal involving an application for a license, permit, or lease, or assignment thereof, or whenever a determination of the Secretary on any appeal shall involve the granting, refusing, renewing, extending, suspending, revoking, canceling, or refusing to approve the assignment of, any license, permit, or lease applied for or theretofore possessed by any person, partnership, company, corporation, or association, the applicant therefor or previous possessor thereof, as the case may be, or any other person, partnership, company, corporation, or association directly affected by such determination or failure to act, shall have the right, within thirty days after notice of such determination is received or within thirty days after the thirtieth day after the filing of such appeal, to appeal to the United States Court of Appeals for the District of Columbia, or to the United States Court of Appeals for the Ninth Circuit in the manner herein set out: Provided, That this section shall not be construed to grant the right to appeal the adoptiion or enforcement of regulations having general application to all persons similarly situated within a fishing area, or to bring into question the legality of any such regulation as a whole, except to the extent that the legality of the Director's or Secretary's action, or failure to act, in a specific case is dependent upon the validity under this Act of such regulation. (b) Such appeal shall be taken by filing in such court a written petition praying that the determination of the Director or Secretary be modified or set aside, in whole or in part, and a statement of the reasons therefor. (c) Copies of such petition shall be forthwith served upon the Secretary and the Director of the Fish and Wildlife Service, and thereupon the Director shall certify and file in the court the originals or certified copies of any application and all other papers and written evidence presented to him or to the Secretary by the appellant in connection with the matter involved in the determination appealed from, together with a full statement in writing of the facts and grounds upon which such determination or determinations were based. (d) If the petitioner applies to the court for leave to adduce additional written evidence, and shows to the satisfaction of the court that such additional written evidence is material and that there were reasonable grounds for the failure to present such evidence to the Director or to the Secretary, the court may order such additional written evidence to be submitted to the Director in such manner and upon such terms and conditions as to the court may seem proper. Director may thereupon modify his determination under section 11 or determine that such additional written evidence does not furnish any reason for modifying the original determination being appealed. The (e) At the earliest convenient time the court shall hear and determine the appeal upon the merits upon the record before it, and shall have jurisdiction to affirm, modify, and enforce, or set aside such determination, in whole or in part, and its judgment and decree shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in sections 239 and 240 of the Judicial Code, as amended (28 U. S. C. 346, 347). (f) The commencement of the proceedings under subsection (a) shall not, unless specifically ordered by the court, operate as a stay of the Director's or Secretary's determinations. (g) The remedy provided in this section shall be in addition to and not in substitution for any other remedies provided by law. PENALTIES SEC. 13. Any person, partnership, company, corporation, or association violating any of the provisions of this Act or of any regulation made under authority of this Act shall be fined, upon conviction thereof, for each offense not more than $5,000 nor less than $50, or shall be imprisoned for not more than one year, or may be both fined and imprisoned. ARRESTS SEC. 14. Any employee of the Department of the Interior duly authorized by the Director to enforce the provisions of this Act shall have power, without warrant, to arrest any person committing a violation of this Act or of any regulations made under authority of this Act in his presence or view and to take such person immediately for examination or trial before an officer or court of competent |