88 tj. S. BUREAU OF FISHERIES 



than the legal length; and that certain traps were nearer to the 

 months of salmon streams than is allowed. Upon investigation there 

 was found to have been no violation in any of these cases. 



In the case of the Booth Fisheries Co., instituted in 1924 for main- 

 taining and operating a trap within 500 yards of a salmon stream at 

 Lucky Cove, and which resulted in a conviction and fine of $1,900, 

 the United States Circuit Court for the Ninth Circuit, on June 29, 

 1925, reversed the decision of the lower court. It was held that the 

 trial court erred in instructing the jury as to the method of determin- 

 ing the mouth of a salmon stream, and that until the mouth of a 

 stream has been officially marked it will be impossible to determine 

 the boundaries of the prohibited area off such stream. In view of the 

 language of the statute, application for rehearing was not made. 



Fig. 2. — Tern. Yukon River 



In the Copper River district three fishermen were arrested for 

 fishing in the sloughs, their gear was confiscated, and fines of $75 each 

 were imposed. 



In the Cook Inlet district 11 fishermen were arrested for fishing 

 during the weekly closed period. All were sentenced to 10 days in 

 jail and the gear operated by them was confiscated and sold under 

 court order. 



A number of cases instituted in Cook Inlet in 1924 were still 

 pending at the beginning of 1925. Two traps seized from Libby, 

 McNeill & Libby in August, 1924, were released, but the criminal 

 case against the company was still pending at the end of 1925. A 

 trap seized from the Northwestern Fisheries Co. in August, 1924, 

 was released, but on trial of the criminal case in October, 1925, the 

 company was fined $200. Three traps seized from H. J. Emard were 

 released, and the jury returned an instructed verdict of not guilty 

 of wanton waste of salmon. The libel suits in all these cases were 



