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 OF APRIL 21, 191O. 



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

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

 nine be amended to read as follows: 



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

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

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

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

 for their own food and clothing, and also such old seals as may be required for their own clothing and for 

 the manufacture of boats for their own use; and the killing in such cases shall be limited and controlled 

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



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

 and section one hundred and 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 than one year old at any season of the 

 year, except as above provided; and it shall also be unlawful to kill any seal in the waters adjacent to 

 the Pribilof Islands, or on the beaches, cliSs, or rocks where they haul up from the sea to remain; and 

 every person who violates the provisions of this or the preceding section shall be punished for each 

 offense by a fine of not less than two hundred dollars nor more than one thousand dollars or by impris- 

 onment not more than six months, or by both such fine and imprisonment, and all vessels, their tackle, 

 apparel, and furniture, whose crews are found engaged in the violation of either this or the preceding 

 section shall be forfeited to the United States. 



ACT OF 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 be suspended for a period of 

 five years, and shall be, and is hereby, declared to be unlawful; and all punishments and penalties 

 heretofore enacted for the illegal killing of fur seals shall be applicable and inilictcd upon offenders 

 under this section: Provided, That this prohibition shall not apply to the annual killing on the Pribilof 

 Islands of such male seals as are needed to supply food, clothing, and boat skins for the 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 effect since conditions 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 may be found mortally wounded by the bulls or by falling rocks, but under 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 permit unnecessary killing of females or young, 

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

 lar killings to seals from the hauling grounds and to the season ending July 3 1 . 



