426 ALASKA INDUSTRIES. 



its head. Believing that such action was a violation of the act of Congress approved 

 March 2, 1889, providing for the protection of the salmon fisheries of Alaska, the 

 Commissioner transmitted the information to the Secretary of the Treasury with the 

 suggestion that the necessary steps be taken by some of the Treasury officials in that 

 region. The matter was referred to the chief of the Revenue-Marine Division with 

 the recommendation that, if possible, the captain of one of the revenue-marine 

 steamers cruising in Alaskan waters be directed to make an investigation and, if nec- 

 essary, have the obstructions removed and the guilty parties arrested and prosecuted. 

 On April 12 the chief cf the Revenue-Marine Division returned the correspondence 

 to the Commissioner of Fisheries with the information that the commanding officers 

 of the revenue marine steamers cruising in Alaskan waters during the ensuing season 

 would be instructed to enforce the law for the protection of the fisheries as far as cir- 

 cumstances would permit. He suggested, also, that the commanding officer of the 

 Fish Commission steamer Albatross be instructed to investigate the complaint and 

 enforce the law if found necessary. Inasmuch as the Commissioner of Fisheries did 

 not have authority to give directions for the enforcement of the law, he wrote to the 

 chief of the Revenue-Marine Division on April 17 that if the Secretary desired to 

 confer the necessary authority upon the commanding officer of the Albatross, Lieut. 

 Commander Z. L. Tanner, United States Navy, he would take pleasure in forwarding 

 same. On the following day, therefore, the Acting Secretary of the Treasury, Hon. 

 George S. Batch el ler, forwarded to the Commissioner of Fisheries the following 

 order, clothing the commander of the Albatross with the necessary authority to act 

 in the matter, inclosing at the same time copies of Treasury circular of March 16, 

 1889, in relation to the matter : 



TREASURY DEPARTMENT, OFFICE OF THE SECRETARY, 



Washington, 1). ., April 18, 1890. 



SIR; You are hereby clothed with full power and authority to enforce the provi- 

 sions of law contained in act of Congress approved March 2, 1889, providing for the 

 protection of the salmon fisheries of Alaska, which prohibits the erection of dams, 

 barricades, or other obstructions in any of the rivers of Alaska, with the purpose or 

 result of preventing or impeding the ascent of salmon or other auadromous species 

 to their spawning grounds. 



Respectfully, yours, GEO. S. BATCHELLER, 



Acting Secretary. 

 Lieut. Commander Z. L. TANNER, 



Commanding United States Fish Commission Steamer Albatross, 



San Francisco, Cal. 

 * # # # * * * 



This correspondence was referred to the ichthyologist of the Commission, who 

 made the following report : 



UNITED STATES COMMISSION OF FISH AND FISHERIES, 



Washington, D. C., July 24, 1890. 



SIR: After having considered the letters of Lieut. Commander Z. L. Tanner, United 

 States Navy, dated June 15 and 18, 1890, referring to the construction of a trap in 

 Wood River, Alaska, I respectfully offer my opinion that such a contrivance for the 

 capture of salmon is of the nature of an obstruction which would impede and, in all 

 probability, prevent the ascent of salmon to their spawning grounds. It is therefore 

 clearly a violation of the act approved March 2, 1889, a portion of which is quoted 

 herewith : 



[Public No. 158. An act to provide for the protection of the salmon fisheries of Alaska.] 



" Be it enacted by the Senate and House of Representatives of the United States of America 

 in Congress assembled, That the erection of dams, barricades, or other obstructions in 

 any of the rivers of Alaska, with the purpose or result of preventing or impeding 

 the ascent of salmon or other anadromous species to their spawning grounds, is 

 hereby declared to be unlawful, and the Secretary of the Treasury is hereby author- 

 ized and directed to establish such regulations and surveillance as may be necessary 

 to insure that this prohibition is strictly enforced and to otherwise protect the salmon 

 fisheries of Alaska; and every person who shall be found guilty of a violation of the 

 provisions of this section shall be fined not less than two hundred and fifty dollars 

 for each day of the continuance of such obstruction." 



It has been demonstrated that traps in salmon rivers will speedily exterminate the 

 salmon. Newfoundland furnishes a satisfactory illustration of this fact. So well is 

 this matter understood that British Columbia forbids altogether the capture of 

 salmon in narrow reaches of streams, and the rivers are guarded to see that the close 

 time and other regulations are observed; the length of nets and their size of mesh 

 are fixed by law ; eveu the oifal from canneries is not allowed to lie in the way of 

 ascending fish. 



