64 FISHERIES OF ALASKA IN 1910. 



desirable in the law. The proposals for legislation increase the taxes 

 somewhat, and aim to extend and increase the power of the Depart- 

 ment over all Alaskan fisheries save the fur seal. 



Department of Commerce and Labor, 



Office of the Secretary, 



Washington, May 25, 1910. 

 Hon. E. L. Hamilton, 



Chairman Committee on the Territories, 



House of Rejtvesentatives, Washington, D. C. 



Sir: In reply to your letter of the 20th instant, in which you request the opinion 

 of the Department with respect to changes advisable in the present Alaska fisheries 

 law, after consideration of the act of June 26, 1906, section by section, the following 

 recommendations are submitted: 



1. Sections 5, 7, 8, 10, 11, 12, 13, 14, 15, and 16 are satisfactory. 



2. Section 1 should be modified in accordance with the schedule already submitted 

 at the hearing of May 3. This schedule is along the lines indicated by Judge Wicker- 

 sham in H. R. 22579. 



3. Section 2 should remain until more adequate facilities are provided for fish- 

 cultural work by the Federal Government. All fish-cultural work in Alaska should 

 eventually be carried on by the Federal Government. This can be brought about 

 by the abolition of the present exemption system, the taking over of such private 

 hatcheries as the owners may desire to turn over to the Government, and the estab- 

 lishment of additional Federal hatcheries. 



4. In section 3, line 2, strike out the words "for purposes of fish-culture" and insert 

 in lieu thereof "by direction of the Secretary of Commerce and Labor"; and in lines 

 4 and 5 strike out the words "where the same is less than five hundred feet in width." 



5. In section 4, line 2, strike out the words "for purposes of fish culture" and insert 

 in lieu thereof "by direction of the Secretary of Commerce and Labor." 



6. In section 6, lines 6 and 7, strike out the words "five hundred yards of the mouth 

 thereof" and insert in lieu thereof "such distance from the mouth thereof as in his 

 judgment is necessary." 



7. The matter covered by section 9 is now fully covered by the pure food and drugs 

 act, food inspection decision No. 105, and this section may therefore be omitted. 



8. The following additional sections are now recommended: 



"Section — . That for the purposes of this act the Secretary of Commerce and Labor 

 is authorized to determine and indicate by suitable markers the mouth of any creek, 

 stream, or river in Alaska which salmon enter for spawning purposes. 



"Sec — . That the Secretary of Commerce and Labor is authorized and directed to 

 establish such regulations, not inconsistent with existing law, as may in his judgment 

 be necessary for the proper protection and conservation of shellfish and other aquatic 

 animals not otherwise mentioned in this act. 



"Sec — . That it shall be unlawful to erect, maintain, or operate in Alaska any new 

 establishment for canning or otherwise preserving for commercial use any salmon or 

 other fish or fishery product, or to increase the capacity of any such existing establish- 

 ment, or to reopen and operate any such establishment which has remained closed for 

 the period of three years immediately preceding the passage of this act, without first 

 obtaining the approval in writing of the Secretary of Commerce and Labor. 



' ' Provided, however, That in the case of salmon -packing establishments approval shall 

 be withheld only when in his judgment the fishing operations and investigations in the 

 region adjacent to the proposed location indicate that the number of salmon taken is 

 larger than the reproductive increase of salmon from adjacent spawning grounds: And 

 ■provided further, That in case approval is withheld the applicant interested shall upon 

 demand be given a hearing, of which he shall be notified at least thirty days previously. 



