ALASKA FISHERY AISTD FUR-SEAL INDUSTRIES, 1920. 15 



herds annually resorting to the Pribilof Islands. A statement re- 

 garding this patrol appears in the fur-seal section of this report. 



The vessels of the Coast and Geodetic Survey were engaged in the 

 vitally important work of that service in different coastal districts 

 of Alaska and therefore could not be expected to have opportunities 

 to do much for the fisheries. 



WAR DEPARTMENT REGULATIONS. 



Early in 1920 a rather general protest was registered before the 

 Chief of Engineers of the War Department by various interests in 

 Alaska against the location of floating fish traps in offshore posi- 

 tions, it being contended that such traps were a menace to navigation. 

 After considerable inquiry into the matter, the Acting Chief of Engi- 

 neers issued, on April 22, 1920, a temporary order for the regulation 

 of floating traps, as follows: 



During the calendar year 1920 no floating pound net or fish trap in the navi- 

 gable waters of Alaska shall exceed 2,400 feet in length over all nor be con- 

 structed and operated in more than 1(X) feet depth of water at the outer end 

 of the net or trap at mean high tide according to the United vStates tide tables; 

 with the exception that a floating pound net or fish trap may be constructed 

 and operated in a greater dejith of water, provided the extension, measured 

 from the shore line, at mean high-tide line, does not exceed 1,000 feet over all. 



At the same time announcement was made that public hearings 

 would be hekl during the year to determine the advisability of contin- 

 uing or modifying the order. Accordingly two hearings were held in 

 1920 — one at Juneau on September 14 and the other at Seattle on 

 November 19 — as a result of which the War Department continued 

 without modification the order of April 22, On January 5, 1921, 

 new regulations were issued prescribing the conditions under which 

 fishery operators may construct and maintain fish trajis in the navi- 

 gable waters of Alaska. The regulations are as follows: 



War Departaient, 

 Office or the Chief or Engineers, 



Waskmr/ton, January •'J, 1021. 



Note. — It Is to be understood that this authority does not givo any proporty riKhta 

 either in real estate or material, or any exclusive privileges; and that it does not author- 

 ize any injury to private property or invasion of private rights, or any infrinKeinont of 

 I'ederal, 'I'erritorial, or local laws or regulations, nor does it ohviate the necessity of ob- 

 taining Territorial assent to the work authorized. It merely expresses the assent of the 

 Federal (Government so far as concerns the public rights of navlKation. (See Cummlngs v. 

 Chicago, 188 U. S., 410.) 



To whom if in<iy concern: 



The attention of those fishing in the waters of the coast of the Territory of 

 Alaska, and in the navigable waters tributary thereto, is called to the provi- 

 sions of section 10 of the river and harbor act of March H, 181)1), as follows : 



" Skc. 10. That the creation of any obstruction not affirnuitively authorized 

 by (.%)ngress to the navigable capacity of any of the waters of the United 

 States is hereby iirohibited ; and it shall not he lawful to build or connnence 

 the building of any * ♦ * weir ♦ * * or other structure in any ♦ * * 

 navigable river or other waters of the United States, outside established harbor 

 lines, or where no harbor lines have been established, except on plans reconi- 

 niemied by the Chief of Kngineers and authorized by the Secretary of War." 



In accordance with the above provision of law, and until further notice, all 

 fishermen who desire to operate in the waters above described, and under 

 fonditions state<l as follows, l»ut not otherwise, and whose writt<'n a[)r)li'"itions 

 may receive the apjiroval of the district engineer of the engine<'r «leparlMient 

 at large, in charge of the locality, an- hereby authorized by the Secretary of 

 War to e(»nstnict ;ind nraintain fish weirs. trai>s. or jiounds erected iu the usual 

 Uiuuiier an heretofore, subject to the following conditions ; 



