lOO BULLETIN OF THE BUREAU OF FISHERIES. 



MATTERS FOR SPECIAL DISCRETIONARY POWER. 



Emergency action. — The concurrent action of the law of 19 12 and the previous law 

 of April 21, 1 9 10, places such restrictions on the killing of seals that even in cases of 

 urgent necessity action could not legally be taken. 



The clauses bearing particularly upon this matter are as follows: 



ACT OK .VTRIL 21, iqiO. 



Sue. 6. That section nineteen hundred and sixty of the Revised Statutes of the United States 

 and section one hundred and seventy-seven of tlie act of M;ireh third, eighteen hundred and ninety- 

 nine be aiuemled to read as follows: 



It shall be unlawful to kill any fur seal upon the Pribilof Ishuids, or in tlie waters adjacent thereto, 

 except under the authority of the Secrctiiry of Commerce and Labor, and it shall be unlawful to kill 

 such seals by the use of firearms or by oUicr means tending to drive the seals away from tliose islands; 

 but the natives of tlie islands shall have the privilege of killing such young seals as may be necessary 

 for their owti fix)d suid clothing, and also such old seals as may be required for their own clothing iuid for 

 the manufacture of boats for their o«-n use; and the killing in such cases shall be limited and contaiUed 

 by such regulations as may be prescrilied by the Secretary of Commerce and Labor. 



Sec. 7. That section nineteen hundred and sixty -one of tlie Revised Statutes of the United States 

 and section one hundred iuid seventy-eight of the act of March third, eighteen hundred and ninety- 

 nine, be amended to read as follows; 



It shall be unlawful to kill any female seal or any seal less tlian one year old at any season of tlie 

 year, except as above provided; luid it shall also be unlawl'ul to kill any seal in the waters adjacent to 

 tlie Pribilof Islands, or on the beadies, cliffs, or rocks where tliey haul up from the sea to remain; and 

 everv person who violates the provisions of this or the preceding section shall be punislied for cacli 

 offense by a fine of not less tlian two hundred dolhirs nor more than one thous;ind dollars or by impris- 

 onment not more than six nionllis. or by both such line and imprisonment, and all vessels, their tackle, 

 appiirel. and funiiture, whose crews are found engaged in the violation of eitlier this or llie preceding 

 section shall be forfeited to the United States. 



ACT OP AUGUST 24, I912. 



Sec. II. That from and after the approval of this act all killing of fur seals on the Pribilof Islands, 

 or anywhere within the jurisdiction of the United States in Alaska, shall bo suspended for a period of 

 five years, imd shall be, and is hereby, dechu-ed to be unlawful; and all punishments and penalties 

 heretofore enacted for the illegal killing of fur seals shall be applicable and inflicted u|x>ii otTenders 

 under this section: Proxi(U\i, That this pruhibition shall not apply to the annual killing on the I^ribilof 

 Islands of such male seals as are needed to supply fiwd, clotliing. and Iwat skins for tlie natives on the 

 islands, as is provided for in article eleven of said convention; • » * . 



From this it appears that in the event of a sudden epidemic of disease or in any 

 other emergency requiring immediate and perhaps drastic measures, no officer would 

 have authority to kill female seals. The provision against the use of firearms has a 

 similar etTect since cotiditions may arise making it advisable to kill certain animals, as 

 vicious old bulls, which can not be put to death by the usual methods. In addition, 

 ordinary humane action in the case of wounded or injured seals is prohibited. Pups or 

 cows miiv bo found mortally wounded by the bulls or by falling rocks, but iiiidor the law 

 they can not be put out of their misery and must be allowed to suffer a lingering death. 

 Several cases of this kind occurred in the season of 1914. Under present conditions 

 there are no advantages gained by these provisions of the law. The agents are not and 

 can not be under any temptation to pennit unnecessary killing of females or young, 

 but even if they should be, the matter could be governed b\- regulations limiting regu- 

 lar killings to seals from the hauling grounds and to the season ending July 31. 



