jurisdiction, and to stop, board, enter upon, and search any vessel or boat within any of the waters to which this Act is applicable. The several judges of the courts established under the laws of the United States, and the United States commissioners, may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue warrants for the arrest of any person alleged to have committed a violation of this Act or of any regulation made under the authority of this Act. Any employee of the Department of the Interior duly authorized by the Director to enforce the provisions of this Act shall have power to execute any such warrant.

FORFEITURE AND SEIZURE

SEC. 15. (a) All fish, and all fish products derived from fish, caught or captured in violation of the provisions of this Act or any regulations made pursuant thereto shall be forfeited where the person, partnership, company, corporation, or association owning such fish or fish products had knowledge of such violation at the time he or it acquired such fish or fish products. For any subsequent offense in which the same vessel, boat, gear, or apparatus has been employed by the same person, partnership, company, corporation, or association, the court, in its discretion, may also forfeit the same.

(b) All fish and fish products subject to forfeiture under subsection (a), and any vessel, boat, gear, or other apparatus used, or which it reasonably appears is about to be used in the catching or capture or transportation of fish or fish products in violation of the provisions of this Act or of any regulations made under authority of this Act may, when found, be seized by any duly authorized employee of the Department of the Interior, or by any marshal, or deputy marshal, and held for condemnation proceedings pursuant to section 16 of this Act: Provided, That any such fish, fish product, vessel, boat, gear, or other apparatus so seized shall be released upon the posting of a bond in lieu thereof in the value of the thing so seized as fixed by the court having jurisdiction.

JURISDICTION AND VENUE

SEC. 16. The violation of any provision of this Act or of any regulations made under authority of this Act may be prosecuted in any district court of Alaska or of the United States having jurisdiction of the defendant. Any fish, fish product, vessel, boat, gear, or other apparatus subject to seizure under section 15 shall be proceeded against by libel process in any district court of Alaska or of the United States in which the thing seized or subject to seizure may be found, and the procedure in such cases shall conform, as nearly as may be, to the procedure in admiralty, except that on demand of either party any issue of fact joined in any such case shall be tried by jury.

ENFORCEMENT-MINOR VIOLATIONS

SEC. 17. (a) It shall be the duty of the Director to enforce the provisions of this Act and any regulations made under authority of this Act. It shall be the duty of the United States Attorney to whom any violation is reported by the Director or by any duly authorized agent or employee of the Department of the Interior to institute proceedings necessary to carry out the provisions of this Act. All proceedings for the enforcement of this Act shall be by and in the name of the United States.

(b) Nothing in this Act shall be construed as requiring the Director to report for prosecution or for the institution of libel proceedings minor violations of this Act whenever he believes that the public interest and the purposes of this Act will be adequately served by a suitable written notice or warning.

INVESTIGATIONS

SEC. 18. The Director of the Fishing and Wildlife Service of the Department of the Interior is authorized and directed to conduct all necessary investigations as a basis for making the determinations authorized in section 4 and to cooperate with other Federal agencies, with local authorities, and with international agencies on which the United States is represented, in the protection, preserva.ion, and development of the fisheries of Alaska and in the making of any necessary investigations in connection therewith.

DISPOSITION OF FEES AND RENTALS

SEC. 19. All moneys received from all fees and rentals authorized to be charged under the provisions of this Act, not heretofore or otherwise obligated, shall be covered into the Treasury of the United States and shall constitute a special fund which is hereby appropriated and made available to the Fish and Wildlife Service of the Department of the Interior, subject to the supervision of the Secretary, for carrying out the investigations authorized by section 18 of this Act and related scientific investigation.

APPROPRIATIONS

SEC. 20. There is authorized to be appropriated, from time to time, out of any money in the Treasury not otherwise appropriated, for the Fish and Wildlife Service of the Department of the Interior, such amounts as may be necessary to carry out the provisions and to accomplish the purposes of this Act and regulations made pursuant thereto, and the Secretary is authorized out of such moneys to employ in the city of Washington and elsewhere such persons and means as he may deem necessary for such purpose.

ELIGIBILITY OF ALIENS

SEC. 21. No alien, excepting one who has in good faith declared his intention to become a citizen and whose declaration is in good standing, shall be eligible to obtain any license authorized to be issued under the provisions of this Act.

SEPARABILITY CLAUSE

SEC. 22. If any clause, sentence, paragraph, or part of this Act shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereɔf, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

EXCEPTIONS AND REPEALS

SEC. 23. (a) Nothing contained in this Act shall be construed to affect the provisions of any existing treaty or convention or trade agreement to which the United States is a party, or the provisions of the Northern Pacific Halibut Act of June 28, 1937 (50 Stat. 325), or to abrogate or curtail the powers granted the Territorial Legislature of Alaska to impose taxes or licenses, nor limit or curtail any powers granted the Territorial Legislature of Alaska by the Act of Congress approved August 24, 1912, entitled "An Act to create a legislative assembly in the Territory of Alaska, to confer legislative power thereon, and for other purposes."

(b) An Act entitled "An Act for the protection and regulations of the fisheries of Alaska", approved June 26, 1906, except sections I, 8, and 9 thereof (as amended), said section 8 being made a part of this Act; also an Act entitled "An Act for the protection of the fisheries of Alaska, and for other purposes", approved June 6, 1924, together with all Acts amendatory thereof and all Acts or parts of Acts inconsistent with any provisions of this Act, are hereby repealed: Provided, however, That the provisions of existing laws and regulations covering fishing in Alaskan waters shall remain in full force and effect until such time as the regulations provided for herein shall have become finally effective as provided in section 10 of this Act.

(Report from State Department follows:)

The Honorable JOSIAH W. BAILEY,
Chairman, Committee on Commerce,

DEPARTMENT OF STATE, Washington, September 15, 1943.

United States Senate.

MY DEAR SENATOR BAILEY: Further reference is made to your letter of April 1, 1943, requesting that I furnish your committee such suggestions as may be deemed proper touching the merits and the propriety of the passage of S. 930, a bill to assure conservation of and to permit the fullest utilization of the fisheries of Alaska, and for other purposes.

The bill would prohibit fishing for all species of fish in extensive areas of the high seas far beyond the territorial waters of the United States except as permitted

by regulations to be issued by the Director of the Fish and Wildlife Service of the Department of the Interior, and would, subject to any applicable treaty provision, operate as a prohibition against fishing by any alien unless he had declared his intention to become a citizen of the United States. The penalties of the bill would be applicable to all alien nationals and vessels as well as to citizens and vessels of the United States.

I desire to point out that the application of the proposed legislation to alien nationals and vessels outside the national jurisdiction of the United States, in conformity with the declaration of policy expressed in section 2 of the bill, would be a matter of interest and possible concern to contiguous countries, especially to Canada. The immediate application of the legislation to the nationals of that country might, in the absence of a prior understanding or agreement, result in undermining the cooperative arrangements the United States and Canada have made for the purpose of regulating and conserving common fisheries in the North Pacific Ocean area.

I have in mind the Convention for the Protection, Preservation, and Extension of the Sockeye Salmon Fisheries of the Fraser River System, signed May 26, 1930 the Convention for the Preservation of Halibut Fishery of Northern Paciffc Ocean and Bering Sea, signed January 29, 1937; and a provisional agreement for the preservation and protection of fur seals (concluded to replace the 1911 convention between the United States, Canada, and other powers). Currently there are also fishery problems arising from war conditions, relative to which the friendly cooperation of Canada is of particular value.

While I am in complete accord with the purpose of the bill to prevent the uncontrolled exploitation of the offshore fisheries of Alaska and to protect and conserve this vital food supply, I am of the opinion, for the reasons set forth above, that the successful accomplishment of that purpose could best be realized by working out a prior understanding or agreement with the Government of Canada. It is believed that this course would prepare the way for a general acceptance of the necessity of adequate control by the littoral state of its offshore fisheries, while avoiding controversies which might result from unilateral action by this Government.

Taking cognizance especially of the interest that has been shown for some time both by the Congress and by the fishing industry in the important question of regulating the coastal fisheries, the Department of State has recently arranged to give the subject special attention and study through a committee formed for that purpose. It seems possible that the examination we shall make of various phases of the question of protective jurisdiction over fisheries, together with attentiou being given to the problem by the Department of the Interior, may reveal the lines of a possible new policy with respect to fishery regulation and protection. It may therefore be preferable that action on the legislative proposals under reference be deferred until such time as the situation as a whole can be clarified. I wish again to assure you of my sympathetic attitude toward the purpose of the legislative proposals in question, and of the full cooperation of this Department consistent with the requirements of national policy and our foreign relations. The Department has not been advised by the Bureau of the Budget as to the relationship of this legislative proposal to the program of the President, and the statements contained in this report should not be construed as involving any commitment with respect thereto.

Sincerely yours,

CORDELL HULL.

Senator BILBO. In order to get the intent and purposes of the bill before the committee, I am going to ask Senator Wallgren, who is the author of the bill, to make a presentation with some suggested amendments to the committee first, for the benefit of the record. All right, Senator.

Senator WALLGREN. Mr. Chairman, at this time I should like to suggest that those people who are present and desire to testify might bring their names in now or give their names to you.

Senator BILBO. Yes.

Senator WALLGREN. And we are starting off here just about a minute ahead of time.

Senator BILBO. We would be glad to have the names of all those who want to appear before the committee to be heard on this bill.

Will you kindly hand us your name and give us your official cognomen also?

Colonel GOETHALS. George R. Goethals, Corps Engineers; Chief, Civil Works Division; Office Chief of Engineers.

Mr. ALLEN. Edward W. Allen, chairman of the International Pacific Salmon Fisheries Commission; Seattle, Wash.

Mr. BEZ. Nick Bez, Seattle, Wash.; president, Intercoastal Packing Co.

Mr. ARNOLD. W. C. Arnold, Ketchikan, Alaska.

Mr. HALLING. Bjorne Halling, C. I. O. maritime committee; 1319 F Street, Washington, D. C.

Mr. GUNDERSON. F. J. Gunderson, Wrangell, Alaska; independent fish trap operator.

STATEMENT OF HON. MON C. WALLGREN, A SENATOR FROM THE STATE OF WASHINGTON

Senator WALLGREN. Mr. Chairman and members of the committee. We have before us today to consider a bill that I have introduced called Senate 930. While the original bill differs a great deal from the bill that I have presented to you, the amendments here that have been written into the bill as you see it now are amendments that I shall ask the committee to accept as committee amendments in executive session. I am sure that many of these amendments will meet the objections of some of those people who are going to testify before the committee.

I have a prepared statement here that I wish to read to the committee because it is rather pointed and I believe will give you an accurate picture of the situation in Alaska today, and this bill is to handle the fisheries in Alaska.

The bill which we have before us today is a proposed food fisheries code for Alaska, but before discussing its provisions it may be helpful to the committee to present some of the background and necessity for such legislation.

War has brought home to the people of this country, as never before, the strategic importance of Alaska. The recognition that food is a munition of war has also made our people conscious of the enormous food resources of the sea and of their importance to our health and nutrition.

Recently the Secretary of the Interior, speaking of Alaska canned salmon, in his capacity as Coordinator of Fisheries, said:

* * *

It is a valued Army, Navy, and export food If personnel and equipment can be secured, I do not know where more protein food suitable for use anywhere in the world can be obtained for the same expenditure of manpower and material.

Until recently most people thought of Alaska in terms of gold and icebergs. Today they know that it has large regions of mild climate, that it is a land of outstanding beauty, and that its purchase for $7,200,000 in 1867 was one of the greatest land bargains in history. It is not so well known that the fisheries for many decades have been the backbone of Alaska's economic structure. The value of their products has exceeded the combined value of all other Alaska products, including minerals, furs, lumber, and agricultural crops. More people are given employment in this industry than in all other Alaskan

enterprises combined. And this industry has consistently borne the major burden of Alaska taxation, in some years furnishing up to 80 percent of the Territorial revenues.

Paramount among the fisheries of Alaska is the salmon industry. This industry alone normally employs some 25,000 workers and annually produces from 6,000,000 to 7,000,000 cases of canned salmon. I want the committee to note these amounts. Each case consists of 48 one-pound cans, and the value of the Alaskan pack ranges from 40,000,000 to 60,000,000 dollars. With few exceptions, it is the practice of fishery operators in Alaska to give preference to resident Alaskans. The population of the Territory, however, has not been sufficient to meet the demand. Consequently many thousands of men, at the present time about half of those required, are brought in from California, Oregon, and Washington.

The State of Washington is closest to Alaska of any State. It is the natural contact point between the Territory and the continental United States. Accordingly the Senators and Representatives from my State have always felt that they owed a special duty to serve Alaska. It is because of this, together with the fact that many thousands of the fishermen and cannery workers live in my State and many of the companies operating in Alaska have their headquarters in my State, that I have taken a special interest in the matter of the Alaska fisheries. When I was in the House I had the honor to serve on the Merchant Marine and Fisheries Committee of that body; and for first-hand knowledge I have also made numerous trips to Alaska.

There was a time when ocean fisheries were thought to be inexhaustible, but unfortunately we have found that that is not true. Salmon and halibut are the two greatest fisheries of Alaska, and we now know that overfishing can practically destroy both of these fisheries. During and following the First World War, overfishing of salmon took place and the situation became serious. My colleague, Senator Wallace H. White of Maine, saved the day by securing in 1924 the enactment of that excellent salmon conservation measure since known as the White bill. And the halibut was preserved by means of the creation of an international commission by treaty between Canada and the United States, later implemented by Congress in the act of June 28, 1937. Many changes and developments, both inside and outside of the fishing industry, have occurred since 1924. New and more efficient methods of conservation and regulation are now desirable in order to secure the maximum fishery production together with fair and democratic treatment of the employees and employers in the industry.

Accordingly, I have for several years repeatedly consulted with representatives of the Alaska fishing unions and other unions concerned, with various operators in the industry, and with the very earnest and efficient members of the Fish and Wildlife Service of our Government.

As a result of these numerous conferences, I decided to prepare and submit to Congress a complete food fishery code for Alaska. In September 1941, in the first session of the Seventy-seventh Congress, and again in January 1942, in the second session, I introduced bills designed to accomplish this purpose. Necessarily, in the months following Pearl Harbor, all of our energies and attention were concentrated on defense and preparation for the prosecution of the war which began in December 1941. Yet from time to time in the interval, I have had