REGISTER 1934 cffi VOLUME 4 NUMBER 31

Washington, Wednesday, February 15, 1939

Rules, Regulations, Orders agreement, standard, license, suspension CONTENTS or revocation of license, permit, suspen­ sion or revocation of permit, certificate, RULES, REGULATIONS, TITLE 7—AGRICULTURE award, rule, regulation, or other such ORDERS document. T it l e 7— A g r ic u lt u r e : OFFICE OF THE SECRETARY In addition to the foregoing, I hereby delegate to the Assistant Secretary of Agricultural Adjustment Ad- ministration : Page O rder D e le g a t in g to t h e A s s is t a n t S e c ­ Agriculture the duties or powers con­ retar y o f A g r ic u lt u r e t h e D u t y or ferred upon the Secretary of Agriculture Price adjustment program A u t h o r it y t o I s s u e C e r t a in D o c u ­ by virtue of the Perishable Agricultural — regulations, 1939, Supple­ m e n t s a n d t o D isch ar g e C e r t a in O th er Commodities Act, 1930, as amended, ment 1------899 and The Tobacco Inspection Act. D u t ie s or P o w e r s Office of the Secretary: In witness whereof, I, H. A. Wallace, Pursuant to the authority vested in Secretary of Agriculture, have hereunto Delegation of duty or author- me by law (Sec. 2, 25 Stat. 659; U. S. C., set my hand and caused the official seal — ity to issue certain docu­ Title 5, Sec. 517), I, H. A. Wallace, Sec­ of the Department of Agriculture to be ments, etc______899 retary of Agriculture, hereby delegate to affixed hereto, in' the City of. Washing­ Sugar Division: the Assistant Secretary of Agriculture ton, District of Columbia, this 14th day Puerto Rico, amendment to the duty or authority which is or may be of February, 1939. determinations of pro- vested in the Secretary of Agriculture by [ s e a l ] H. A. W a lla c e , portionate shares for law to issue, prescribe, or promulgate any Secretary of Agriculture. order, marketing agreement, standard, sugarcane producers_____ 909 [F. R. Doc. 39-547; Filed, February 14, 1939; license, suspension or revocation of li­ 12:36p. m.j T it l e 9— A n im a l s a n d A n im a l cense, permit, suspension or revocation of P r o d u c t s : permit, certificate, award, rule, regula­ Bureau of Animal Industry: tion, or other document which has the force and effect of law and which may be AGRICULTURAL ADJUSTMENT Name§.,of counties placed in issued, prescribed, or promulgated only ADMINISTRATION -^m odified tuberculosis-free after notice and hearing, or opportunity accredited areas______901 [P-2] for hearing, shall have been given to the T it l e 10— A r m y : person or persons affected by or inter­ P art 741— 1939 P rice A d j u s t m e n t P r o ­ War Department: ested in such order, marketing agree­ gram R e g u l a t io n s * Military education; schools ment, standard, license, suspension or revocation of license, permit, suspension, s u p p l e m e n t n o . 1 —^ a n d colleges______902 T it l e 16— C o m m e r c ia l P r a c t ic e s : or revocation of permit, certificate, By virtue of the authority vested in award, rule, regulation, or other such the Secretary of Agriculture by the Price Federal Trade Commission: document. Adjustment Act of 1938, approved June Cease and desist orders: The Assistant Secretary of Agricul­ 21, 1938 (Title V of Public Res. No. 122, ''"'Excelsior Laboratory, Inc__ 906 ture, before issuing, prescribing, or 75th Congress; 52 Stat. 819), and pur­ JBffoil Laboratories, Inc____ 906 promulgating any order, marketing suant to the provisions of Sections 301 T n i i 27— I ntoxicating L iq u o r s : ' agreement, standard, license, suspension and 303 of the Agricultural' Adjustment Federal Alcohol Administra­ or revocation of license, permit, sus­ Act of 1938, approved February 16, 1938 tion Division: pension or revocation of permit, certifi­ (Public Law No. 430, 75th Congress, 3d cate, award, rule, regulation, or other Session; 52 Stat. 43, 45), and the second Standards of identity with re- document as above described, shall give paragraph of Section 15 of the Soil Con­ jsi>ect to limitations on such notice and hearing or opportunity servation and Domestic Allotment Act, sweetening in wine de­ for hearing as are or may be required by law to be given by the Secretary of rived from cane, beet, or Agriculture before issuing, prescribing, ♦Issued under the authority contained in dextrose sugar______907 Sections 501, 301, 303, 104, 52 Stat. 819, 43, or promulgating such order, marketing 45, 35. (Continued on next page) 899 900 FEDERAL REGISTER, Wednesday, February 15, 1939

(1) Section 741.4 is hereby amended the crop of sugar beets or sugarcane is grown to meet the quota (and provide a normal to read as follows: carry-over inventory) estimated by the Sec­ Rate of payment.—The rate of pay­ retary for such area for the calendar year ment with respect to each commodity during which the larger part of the sugar or liquid sugar from such crop normally shall be as follows: would be marketed. (a) Cotton.— 1.6 cents per pound of (b) In determining the proportionate shares with respect to a farm, the Secretary the normal yield per acre of cotton for may take into consideration the past produc­ Published by the Division of the Federal the farm for each acre in the cotton tion on the farm of sugar beets and sugar­ Register, The National Archives, pursuant to allotment. cane marketed (or processed) for the extrac­ the authority contained in the Federal (b) Corn.—6 cents per bushel of the tion of sugar or liquid sugar and the ability Register Act, approved JuVy 26, 1935 (49 to produce such sugar beets or sugarcane, Stat. L. 500), under regulations prescribed normal yield per acre of corn for the and the Secretary shall, insofar as practi­ by the Administrative Committee, with the farm for each acre in the com allot­ cable, protect the interests of new producers approval of the President. ment. and small producers and the interests of The Administrative Committee consists of producers who are cash tenants, share-ten­ the Archivist or Acting Archivist, an officer (c) Wheat.—11 cents per bushel of ants, adherent planters, or share-croppers. of the Department of Justice designated by the normal yield per acre of wheat for the Attorney General, and the Public Printer the farm for each acre in the wheat al­ and or Acting Public Printer. lotment. Whereas, subsection (c) of section 301 The daily issue of the Federal R egister of said act provides, as one of the condi­ will be furnished by mail to subscribers, free (d) Rice.— 12 cents per hundred­ of postage, for $1 per month or $10 per year; weight of the normal yield per acre of tions for payment to producers of sugar single copies 10 cents each; payable in ad­ rice for the farm for each acre in the beets and sugarcane, as follows: vance. Remit by money order payable to Superintendent of Documents, Government rice allotment. (c) That there shall not have been mar­ Printing Office, Washington, D. C. (e) Tobacco.—No price adjustment keted (or processed) an amount (in terms Correspondence concerning the publica­ of planted acreage, weight, ox recoverable payments shall be made with respect to sugar content) of sugar beets or sugarcane tion of the Federal R egister should be ad­ tobacco since the average farm price of dressed to the Director, Division of the grown on the farm and used for the pro­ Federal Register, The National Archives, each kind of tobacco, as defined in Sec­ duction of sugar or liquid sugar to be mar­ Washington, D. C. tion 301 of the Agricultural Adjustment keted in, or so as to compete with or other­ wise directly affect interstate or foreign com­ Act, as amended, equals or exceeds 75 merce, in excess of the proportionate share per centum of the parity price of such for the farm, as determined by the Secretary kind of tobacco.#* pursuant to the provisions of section 302, CONTENTS— Continued of the total quantity of sugar beets or sugar­ (2) Section 741.7 is hereby amended cane required to be processed to enable the area in which such sugar beets or sugar- T it l e 50— W i l d l if e : to read as follows: for the calendar year during which the Bureau^of Fisheries: Page Association expenses.—No part of the cane are produced to meet the quota (and provide a normal carry-over inventory) as £^>daska Fisheries Regulations- 908 price adjustment payment computed for estimated by the Secretary for such area any farm shall be deducted for county larger part of the sugar or liquid sugar from NOTICES association expenses incurred or to be such crop normally would be marketed. Department of Agriculture: incurred in connection with the 1939 Now, therefore, pursuant to the fore­ Agricultural Adjustment Ad­ Price Adjustment Program.#* going sections of the said act, I, H. A. ministration: Done at Washington, D. C., this 14th Wallace, Secretary of Agriculture, do hereby make the following determina­ Chase County, Elans., 1939 day of February, 1939. Witness my hand and the seal of the Department of Agri­ tion: range conservation pro-. culture. A. The “Determination of Proportion­ gram bulletin______939 [ s e a l ] H. A. W a l l a c e , ate Shares for Sugarcane Producers in Civil Aeronautics Authority: Secretary of Agriculture. Puerto Rico for the Crop Years 1938 Notice of hearings, petitions of: and 1939, Pursuant to the Sugar Act [F. R. Doc. 39-545; Filed, February 14, 1939; ^Pennsylvania Central Airlines 12:36 p. m.] of 1937” , issued January 11, 1938, (Sec­ tion 802.46) as amended November 18, Corp_____1------942 1938,1 is hereby further amended as ^ x’^estern Air Express Corp—_ 942 SUGAR DIVISION follows: Federal Communications Com­ P art 802— S ugar D eterminations (a) The 1939 proportionate share shall mission: be calculated in terms of short tons of Autocratie alarm devices, ex- a m e n d m e n t t o determination o f p r o p o r ­ t i o n a t e SHARES FOR SUGARCANE PRO­ sugar, 96° basis, converted to raw value, -^'"'tension of period of tenta­ DUCERS IN PUERTO RICO FOR THE CROP by multiplying the 1938 base (as defined tive approval of______942 YEARS 1938 AND 1939, AND DETERMINATION in the said determination, or as may be established pursuant to the provisions Securities and Exchange Com­ OF PROPORTIONATE SHARES FOR SUGARCANE of paragraphs (b) and (c) of this sec­ mission: PRODUCERS IN PUERTO RICO FOR THE CROP YEAR 1940 tion) of each grower by a fraction whose Community Public Service Co., numerator shall be 845,739 and whose (Revised) ^^-withdrawal of application. 943 denominator shall be the sum of all the Whereas, Section 302 of the Sugar Act 1938 bases. of 1937 provides in part as follows: (b) Any grower who, under the said determination, received a 1938 propor­ (a) The amount of sugar or liquid sugartionate share of less than 15 tons of as amended by Section 104 of the Agri­ with respect to which payment may be made cultural Adjustment Act of 1938 (Public shall be the amount of sugar or liquid sugar sugar, raw value, shall be entitled, upon Law No. 430, 75th Congress, 3d Session; commercially recoverable, as determined by proper application, to increase his 1938 52 Stat. 35), the 1939 Price Adjustment the Secretary, from the sugar beets or sugar­ base to an amount equal to his 1938 pro­ cane grown on the farm and marketed (or Program Regulations, as approved on processed by the producer) not in excess of duction, as determined by the Secretary, January 13, 1939,1 are hereby amended the proportionate share for the farm, as de­ but in no event shall such base be more as follows: termined by the Secretary, of the quantity of than 15 tons of sugar. sugar beets or sugarcane for the extraction of sugar or liquid sugar required to be proc­ 14 F. R. 254 DI. essed to enable the producing area in which *3 F. R. 2747 DL FEDERAL REGISTER, Wednesday, February 15, 1939 901

(c) Those growers who would have1939 proportionate share is established ducer any payment to which tenants or been entitled to an allotment under the pursuant to Sec. 802.46 hereof and who share-croppers would be entitled if the 1935-36 production adjustment program grows sugarcane on land covered by a 1939 leasing or cropping agreements if they had been producing sugar in those 1939 proportionate share, but from were in effect. years, and who have sugarcane under which no sugarcane was harvested dur­ (2) That there shall have been no in­ cultivation in 1939, shall, upon proper ing any of the crop years 1931, 1932, terference by any producer with con­ application, be entitled to a 1938 base 1934, or any subsequent year, may be tracts heretofore entered into by tenants equal to: considered as a new grower for 1940 or share-croppers for the sale of their with respect to such new production, sugarcane. (1) 33 percent of the best option avail­ and as such shall be entitled to increase able to such grower under the said 1935- his 1939 base in accordance with the (e) Designation of agent. The Chief, 36 production adjustment program, or provisions of subparagraphs (2) and (3) or the Acting Chief, of the Sugar Divi­ (2) The lesser of either: of this pargaraph; and Provided, further, sion of the Department of Agriculture, and the Officer in Charge of the San (i) 15 tons of sugar, or That plantings for any of the foregoing (ii) The number of short tons of sugar types of new production shall have been Juan office of the Agricultural Adjust­ ment Administration, or the Acting O f­ obtained by multiplying the number of completed on or before December 31, ficer in Charge thereof, are hereby des­ acres of sugarcane growing in 1939 by 3. 1938. (2) For a producer for whom a 1939 ignated to act, jointly or severally, as The option made available under this proportionate share is not established agents of the Secretary of Agriculture in paragraph shall lapse if no part of the under paragraph (a) of this section, and administering the provisions of this de­ 1940 proportionate share resulting there­ whose 1940 production, as estimated by termination. from is filled during the crop year 1940. the Secretary of Agriculture, is 15 tons Part B (Sec. 802.46a) of this deter­ (Sec. 302, 50 Stat. 910; 7 U. S. C., Sup. of sugar, or less, such new production mination supersedes Part B (Sec. IV, 1132) shall constitute his 1939 base, and the 802.46a) of the “Amendment to Deter­ 1940 proportionate share of such pro­ mination of Proportionate Shares for B. S e c . 802.46a Determination of pro­ ducer shall be calculated, in terms of Sugarcane Producers in Puerto Rico for portionate shares for sugarcane producers short tons of sugar, 96° basis, converted the Crop Years 1938 and 1939, issued in Puerto Rico for the crop year 1940. to raw value, by adjusting his 1939 base January 11, 1938, and Determination of The proportionate shares for sugarcane in the manner specified in paragraph (a) Proportionate Shares for Sugarcane Pro­ producers in Puerto Rico for the crop of this section. ducers in Puerto Rice for the Crop Year year 1940 shall be established on the fol­ (3) For a producer for whom a 1939 1940, Pursuant to the Sugar Act of 1937” , lowing bases: proportionate share is not established issued November 18, 1938. (Sec. 302, (a) Old growers. For a producer for under paragraph (a) of this section, and 50 Stat. 910; 7 U. S. C., Sup. IV, 1132) whom a 1939 proportionate share is es­ whose current production, as estimated Done at Washington, D. C. this 14th tablished, pursuant to the provisions of by the Secretary of Agriculture, is more day of February 1939. Witness my hand the “Determination of Proportionate ; than 15 tons of sugar, the 1940 propor- and the seal of the Department of Ag­ Shares for Sugarcane Producers in Puerto I tionate share shall be calculated in the riculture. Rico for the Crop Years 1938 and 1939, manner specified in paragraph (a) of [ s e a l ] H. A. W a lla c e , Pursuant to thé Sugar Act of 1937”, is­ this section from a base determined as Secretary. sued January 11, 1938, as amended by follows: Sec. 802.46 hereof, such proportionate [P. R. Doc. 39-548; Plied, February 14, 1939: Fifteen tons, plus an amount deter- I 12:37 p. m.J share shall constitute his 1939 base and mined by multiplying the first ton of his proportionate share for the 1940 crop such estimated production in excess of year shall be calculated in terms of short 15 tons by 98 per centum, and thereafter tons of sugar, 96° basis, converted to by multiplying each successive ton by a TITLE 9—ANIMALS AND ANIMAL raw value, by multiplying such 1939 base percentage figure which shall be pro­ PRODUCTS by a fraction whose numerator shall be gressively reduced by 2 per centum for the sum of the initial sugar quotas estab­ BUREAU OF ANIMAL INDUSTRY every such ton. lished for Puerto Rico for the calendar [Amendment 28 to Declaration No. 12*] year 1940, pursuant to Sections 201 and (4) In the event that a producer 203 of the Sugar Act of 1937, plus (or wishes to be considered as a new grower D ec la r in g N a m e s o f C o u n t ie s P laced i n minus) such adjustment as may be re­ for 1940, application must be made at M o d if ie d T uberculosis -F ree A ccred­ quired to provide a normal carry-over such time and in such manner as may be ite d A reas inventory for Puerto Rico, pursuant to prescribed by the Secretary of Agri­ F e b r u a r y 1,1939. section 302(a) of the said act, and whose culture. denominator shall be the total of all such (c) Proration of unfilled portions. In In accordance with Section 2 of Regu­ 1939 bases, plus the total of the 1939 the event that a proportionate share for lation 7 of B. A. I. Order 309, as amended bases determined for new growers as pro­ 1940, established in accordance with the September 10,1936,2 the following named vided in subparagraphs (2) and (3) of foregoing provisions of this section is not counties in States named are hereby de­ paragraph (b) of this section. filled, the unfilled portion thereof shall clared “Modified Accredited Areas” until (b) New growers. (1) A new grower be prorated, on the basis of the propor­ the date given opposite each county (producer) for the 1940 crop year shall tionate shares then in effect, among all named. be the person who is the legal owner of of the producers within the same mill California: San Benito, February 1, the sugarcane crop grown on land for area who are able to supply such unfilled 1942. which a 1939 proportionate share was portion. not established pursuant to the provi­ (d) Tenant and share-cropper protec­ In accordance with Section 2 of Regu­ sions of the “Determination of Propor­ tion. In addition to the foregoing, the lation 7 of B. A. I. Order 309, as amended tionate Shares for Sugarcane Producers following conditions shall be met: September 10, 1936, the following named in Puerto Rico for the Crop Years 1938 counties in the States named having com­ and 1939, Pursuant to the Sugar Act of (1) That no change shall have beenpleted the necessary retests for reaccred- 1937”, issued January 11, 1938, as made in the leasing or cropping agree­ amended by Sec. 802.46 hereof : Provided, ments for the purpose of, or which shall 1 Supplements footnote to 9 CFR 77.3. however, That a producer for whom a have the effect of, diverting to any pro­ 8 1 P. R. 1545. 902 FEDERAL REGISTER, Wednesday, February 15, 1939

Itation, are hereby continued in the February 1, 1942; Zavalla, February 1, regulations prescribed by the War De­ Status of “Modified Accredited Areas” 1942. partment within his corps area and to until the date given opposite each county Utah: Washington, February 1, 1942. see that the policy with reference to named. Virginia: Appomattox, February 1, same is carried into effect. He will have Arizona: Cochise, February 1, 1942; 1942; Southampton, February 1, 1942. supervision over all Army personnel on Coconino, February 1,1942; Navajo, Feb­ Washington: Franklin, February 1, duty at all civil educational institutions ruary 1, 1942; Santa Cruz, February 1, 1942. within his corps area. He will ascertain 1942. West Virginia: Hardy, February 1, the number of officers and noncommis­ Arkansas: Newton, February 1, 1942; 1942; McDowell, February 1, 1942; Put­ sioned officers needed for duty at each Pope, February 1, 1942. nam, February 1, 1942. institution within his corps area and Delaware: New Castle, February 1, Wisconsin: Sauk, February 1, 1945; will recommend the detail or relief of 1942. Taylor, February 1,1945; Vernon, Febru­ such officers and noncommissioned offi­ Georgia: Bibb, February 1, 1942; Fan­ ary 1, 1945. cers to the War Department. He will nin, February 1, 1942; Forsyth, February Wyoming: Goshen, February 1, 1942. see that the officers and noncommis­ 1, 1942; Gilmer, February 1, 1942; Polk, Puerto Rico: Mayaguez, February 1, sioned officers on such duty properly February 1, 1942. 1942. perform their duties. He will see that Idaho: Clearwater, February 1, 1942; all institutions within his corps area are Gooding, February 1, 1942. Declaration No. 12, dated October 1, equipped properly to carry on the in­ 1936,® as amended, is hereby further Illinois: Coles, February 1, 1945; Me­ struction and training prescribed by the amended accordingly. nard, February 1, 1945. War Department. He will not be respon­ Indiana: Tipton, February 1, 1942. [ s e a l ] J. R. M o h l e r , sible, however, for the supply of such Iowa: Grundy, February 1, 1942; Chief of Bureau. equipment. He or his representatives Jones, February 1, 1942; Pocahontas, will spend as much time as practicable [F. R. Doc. 39-546; Filed, February 14,1939; visiting the institutions within his corps February 1, 1942. 12:36 p. m.] Kansas: Cherokee, February 1,1942. area, becoming personally acquainted Kentucky: Nicholas, February 1,1942; with the officials of the institutions and Oldham, February 1, 1942. the Army officers on duty and give ad­ Louisiana: Caddo, February 1, 1942; vice and assistance whenever it seems TITLE 10—ARMY Iberville, February 1, 1942; St. Charles, necessary. He will refrain from inter­ fering with schedules in operation or February 1, 1942; St. John, February 1, WAR DEPARTMENT 1942. with local affairs except where there is Massachusetts: Franklin, February 1, C h a pt e r IV—M il it a r y E d u c a t io n a failure to carry out approved policies or where wrong methods are in opera­ 1942. PART 42— SCHOOLS AND COLLEGES 1 * # Mississippi: Adams, February 1, 1942; tion. He will permit latitude and free­ Copiah, February 1,1942; Wayne, Febru­ S ec. 42.01 Military authority, (a ) dom as to methods on the part of the ary 1, 1942. Secretary of War. All matters pertaining professors of military science and tactics Missouri: Carroll, February 1, 1942; to the coordination and supervision of and hold them responsible for results. Ralls, February 1, 1942. military instruction at institutions con­ Copies of instructions from the War De­ Nebraska: Burt, February 1, 1942; ducting military training under the pro­ partment will be furnished the corps Dundy, February 1, 1942. visions of section 55c act of June 3, 1916, area commander, and all routine matters New Mexico: Bernalillo, February 1, as amended by act of June 4, 1920 (41 pertaining to institutions conducting 1942. Stat. 780; 10 U. S. C. 1180, 1181) are military training under the provisions of New York: Allegany, February 1,1942; vested in the Secretary of War, who is the act of Congress cited in paragraph Greene, February 1, 1942; Livingston, specifically charged with the supervision (a) above should be handled by him, February 1, 1942. of all matters relating to policy, instruc­ unless action by the War Department is North Carolina: Cabarrus, February 1, tion, training, and inspection of such in­ necessary. His office will not become 1942; Greene, February 1, 1942; Wayne, stitutions. He will determine the eligibil­ burdened with administrative functions February 1, 1942. ity of any institution to establish military nor should he demand unnecessary and North Dakota: Hettinger, February 1, training under the provisions of the act burdensome reports and data from the 1945; Ransom, February 1, 1945; Slope, of Congress cited above. institutions. An officer representing him February 1, 1945. (b) Corps area commander. Theshould accompany the War Department Ohio: Franklin, February 1,1942. corps area commander is the representa­ inspector during the annual inspection Pennsylvania: Butler, February 1,1942; tive within his corps area of the War De­ of institutions within his corps area.*# Elk, February 1, 1942; Pike, February 1, partment. He should assign one or more Sec. 42.02 Schools and colleges con­ 1942; York, February 1, 1942. officers of his staff to the duty of thor­ cerned. (a) The schools and colleges South Carolina: Colleton, February 1, oughly familiarizing themselves with the referred to in the act of Congress cited 1942. history of military training in civil edu­ in section 42.01 include all those edu­ cational institutions, public or private, South Dakota: Jackson, February 1, cational institutions and the past and which do not maintain units of the Re­ 1942; Perkins, February 1, 1942. present policy of the War Department serve Officers’ Training Corps. Tennessee: Grundy, February 1, 1942; with reference to such training. It will Montgomery, February 1, 1942; Sumner, be his duty to coordinate the military (b) In order to avail themselves of the February 1, 1942; Warren, February 1, instruction and training at all civil edu­ privileges prescribed by these regulations 1942. cational institutions operating under the institutions concerned must agree to Texas: Brazos, February 1, 1942; Dim- the following: mitt, February 1, 1942; Franklin, Febru­ 1 These regulations supersede sections 4201 (1) To maintain under the prescribed to 42.12 of Title 10, Code of Federal Regula­ course of military training not less than ary 1, 1942; Frio, February 1, 1942; tions. Grimes, February 1, 1942; Houston, Feb­ 3 1 F. R. 2328. 100 physically fit male students above ruary 1, 1942; Kleberg, February 1, 1942; «Sections 42.01 to 42.13 issued under the the age of 14 years. Madison, February 1, 1942: Nacogdoches, authority contained in 41 Stat. 780; 10 U. S. (2) That any student who enters upon C. 1180, 1181. February 1, 1942; Panola, February 1, # T h e source of sections 42.01 to 42.13 is the prescribed course of military train­ 1942; Refugio, February 1, 1942; Wood, AR 350-3300, December 22, 1938. ing will be required to continue the FEDERAL REGISTER, Wednesday, February 15, 1939 903

training for the remainder of that statement showing the name and mili­ and suitability of means provided by the academic year, as prerequisite for tary qualifications of the person selected institution for caring for Government graduation or promotion from that to be professor of military science and property issued to the institution; suit­ year’s course, unless excused therefrom tactics as provided in section 42.05, para­ ability and adequacy of instructor per­ for physical disability or on the recom­ graph (c ). sonnel of the military department; status mendation of thè professor of military (c) Upon receipt of the applicationof the military department as to organi­ science and tactics. The Adjutant General will issue the zation, efficiency, and cooperation of the (3) To allot and require an average necessary orders to cause the corps area authorities of the institution; and they of not less than three hours a week commander or a representative to make will make written report to the corps area per school year to the prescribed course an inspection and report upon the insti­ commander of any deficiencies in these of military training.*# tution on W. D., A. G. O. Form No. 0722 matters which they are unable to correct on the spot. Report in writing will be S ec. 42.03 Application to receive (Educational Institutions — Report of Government aid. (a) When any educa­ Initial Inspection of). If the inspection made to the corps area commander of tional institution which has not received indicates that the institution is entitled any violation of regulations for which the Government aid under the provisions of to the benefits of section 55c, National authorities of the institution are respon­ the act of Congress cited in section 42.01 Defense Act, as amended, and if the ap­ sible or any matter affecting the desir­ desires to receive such aid, the authori­ plication has been approved by the Sec­ ability of the institution for the purposes ties of the institution will submit an retary of War, requisitions will be made of military education.*# application in accordance with the fol­ at the institution on W. D., Q. M. C. S e c . 42.05 Military instructors (a ) Detail. Insofar as the exigencies of the lowing form: Form No. 400 (Requisition). Signed requisitions will then be forwarded to service permit, active or retired officers, warrant officers, and enlisted men of the (Place) the corps area commander. After the value of all property that will be issued Regular Army will be detailed under the (Date) to the institution has been decided upon, provisions of the act of Congress cited in section 42.01, as follows: Subject: Government aid under section 55c, a bond in the sum of not less than 15 National Defense Act, as amended. percent in excess of the invoice value of (1) Officers, active or retired; one to To: The Adjutant General. all Government property to be issued will each institution, and where the institu­ 1. The ______be furnished by the institution to the tion has more than 500 students under (Governing body) Secretary of War. (See sec. 42.11.) military instruction, one additional offi­ of ------(Name of institution) Upon approval by the corps area com­ cer for each 500 students or major frac­ located a t ------desires to mander, shipments will be made of the tion thereof. participate in the Government aid author­ property, including the annual allow­ (2 ) Noncommissioned officers, active ized under section 55c, National Defense Act, as amended by the act of Congress ance of spare parts, etc., referred to in or retired; one to each institution, and approved June 4, 1920. section 42.12, paragraph (c ). Such ship­ where the institution has more than 500 2. Number of physicaUy fit male students ments will be made on the regular form students under military instruction, one above the age of 14 years enrolled at the of Government bill of lading at the ex­ institution, ------additional noncommissioned officer for 3. Number of such students who agree, pense of the United States. Such blank each additional 500 students or major or will be required to participate in the forms will be furnished to the institu­ fraction thereof. prescribed military training,------tion as are necessary properly to care for (3) Warrant officers, active or retired; 4. The authorities of the institution agree and account for Government proper­ to allot and require an average of not less one (in lieu of one noncommissioned offi­ than three hours a week per school year to ty.*# cer) to institutions to which the detail of the course of military training prescribed S e c . 42.04 Inspections and reports. more than one noncommissioned officer by the Secretary of War. 5. They further agree that when any (a) The military department of all is authorized. student enters upon such course of military schools and colleges having a course of (b) Duties. The duties of persons de­ training it shall, as regards such student, military training prescribed by the Sec­ be prerequisite for graduation or promotion tailed as provided in (a) above are solely for that academic year unless such student retary of War pursuant to the provisions those of instructors in the course of mil­ is excused for physical disability or on of the act of Congress cited in section itary training prescribed by the Secretary recommendation of the professor of military 42.01 will be subject to inspection under of War, except that a Regular Army offi­ science and tactics. the authority of the President of the 6. The authorities of the institution (do cer may perform the duties of comman­ not) desire one or more officers and non­ United States. Corps area commanders dant of cadets. Officers or noncommis­ commissioned officers of the Army as in­ or their representatives will make a for­ sioned officers will not conduct any structors, if any are available for this duty. mal inspection of the military depart­ 7. In case no officer or noncommissioned courses of instruction in the institution officer of the Army is detailed for duty as ment of each such institution within other than those prescribed by the War professor of military science and tactics at their respective corps areas annually. Department, or pursue any course of the institution, the authorities of the insti­ No formal rating will be awarded as a instruction conducted by the institution tution are prepared to provide an instructor result of these inspections. qualified to teach the course of military train­ without the permission of the Secretary ing prescribed by the Secretary of War. (b) In addition to the formal inspec­ of War. Clerical labor connected with 8. The authorities of the institution will tion prescribed in paragraph (a) above the issue, care, and accountability of provide suitable storage facilities for all corps area commanders or their repre­ Government property issued to the institu­ Government property and manual labor tion and will take such measures as are sentatives will make such visits of obser­ connected with the care and repair of necessary properly to care for the same; they vation as they may consider necessary to such property must be provided by the will cause to be executed on blank form to be acquaint themselves with conditions at authorities of the institution. furnished by the War Department a bond in the value of the Government property (plus institutions, and establish contact with (c) Professor of military science and 15 per cent) to be issued, for the care and the interested institutional authorities. tactics. (1) When one or more officers safekeeping thereof and for its return in good Such visits will not include a formal in­ are detailed by the War Department to condition when required; they further agree spection of units. to keep such Government property insured an educational institution, the senior line against loss by fire for the benefit of the (c) During the visits to educational officer will be the professor of military United States. institutions inspecting officers will sat­ science and tactics. Where officers of S ignature______isfy themselves as to the correctness of the services only are detailed to an edu­ (Head of Institution) numbers and ages of students enrolled in cational institution, the senior officer (b) The application will be mailed tothe military departments; the state and thereof will be the professor of military The Adjutant General, accompanied by a condition of equipment; the adequacy science and tactics. For the purpose of 904 FEDERAL REGISTER, Wednesday, February 15r 1939 these regulations, officers retired from than Infantry will not be sanctioned with the institution, a certificate stating arms will be regarded as line officers. All unless the infantry instruction and train­ what military training he has satisfac­ other officers detailed by the War De­ ing at the institution are found, upon in­ torily completed should be given to partment to the institution will be di­ spection by officers designated by the him.*# rectly under his orders and control in all War Department, to have reached a sat­ matters pertaining to their military du­ isfactory plane of efficiency. S e c . 4209 Records, orders, and com­ ties at the institution. On arriving at (c) Records of training. Such recordsmunications. The office of The Adju­ the institution for duty the senior officer as will show specifically the following tant General is the office of record and will report in person to the head of the information will be kept in the depart­ issuance of orders relating to these in­ institution and by letter to the corps area ment of military science and tactics of stitutions. All communications, there­ commander. Thereafter his status and the institution. fore, with reference to the military de­ relations with the institution will be the partment of a school or college where same as are those of the head of any (1) Date and duration of each drill or military instruction is conducted under other department of the institution. instruction period. regulations prescribed by the War De­ (2) When no officer is detailed by the (2) Kind of drill or subjects of in­ partment will be, except where other­ War Department to the institution, a struction covered at each drill or in­ wise prescribed, forwarded through the suitable person will be designated by the struction period. corps area commander to The Adjutant authorities of the institution to be pro­ (3) Name of instructor at each drill General.*# or instruction period. fessor of military science and tactics, S ec. 42.10 Property (a) Requisi­ whose status and relations with the in­ (4) Number of students present at tions. Requisitions for Government each drill or instruction period for the stitution will be the same as are those property for an educational institution entire period. of the head of any other department of operating under the provisions of these the institution. In such cases the War (5) Names of absentees and the rea­ regulations will be submitted to the corps Department must be satisfied that the son for absences. area commander. professor of military science and tactics (6) When range practice is held, the score of each student will be kept. (b) Transportation. Shipment of designated by the authorities of the in­ Government property authorized under stitution is qualified for his duties. (7) Record of all Government prop­ erty issued to the institution. the provisions of the act of Congress (d) Noncommissioned officers. Non­ (8) Lists of all Government property cited in section 42.01 from depots, ar­ commissioned officers detailed by the senals, or armories to institutions, and War Department to an institution will Issued to each student by the institu­ tion.*# return shipment from institutions to de­ report to and be under the supervision pots, arsenals, or armories, will be made S ec. 42.07 Organization, discipline, of the professor of military science and on the regular Government bill of lad­ tactics.*# and government of military students ing at the expense of the United States. (a) Organization. Students under mili­ S e c . 42.06. Military training an in­ This transportation cost, together with struction (a) Prescribed course. The tary training will be organized into com­ the cost of packing and handling at the instruction given to those students tak­ panies, battalions, and regiments of In ­ arsenal or depot, will be paid from funds ing the first year’s course of military fantry, the organization, drill, and ad­ allocated to the corps area commander. ministration of which will conform as far training must include the following sub­ Professors of military science and tac­ jects as a minimum: as practicable to that prescribed for sim­ ilar units of the Regular Army. tics may employ the necessary drayage (1) Physical training, first aid to the (b) Discipline. Discipline will be for hauling Government equipment from injured, and elementary hygiene and maintained at all times when the stu­ the local railroad delivery point to the sanitation. dents are undergoing military training. institution and from the institution to (2) Nomenclature and care of the rifle (c) Rules and orders. All rules and the local railroad receiving point when and equipment. orders relating to the organization, dis­ no Government transportation is avail­ (3) Training publications, Infantry cipline, and government of the military able or when the institution has no drill, close and extended order, to in­ students, the appointment, promotion, transportation. Just accounts will be clude the schools of the soldier, squad, and change of officers, and all orders af­ submitted to the corps area commander and company. fecting the department of military sci­ for approval and payment. However, (4) Instruction in firing the rifle, to ence and tactics, except those relating to when under the provision of section include gallery practice. routine duty, will be made and promul­ 42.05, paragraph (c) (2) no officer of the (b) Additional instruction ( D Infan­ gated by the professor of military science Army has been detailed to the institu­ try courses. Every effort will be made and tactics, after being approved by the tion as professor of military science and to offer to those students who have satis­ chief administrative officer of the institu­ tactics, the official of the institution factorily completed the course of train­ tion. designated by the head of the institu­ tion under the provisions of paragraph ing set forth in (a) above a further and (d) Supervision and control. Institu­ progressive course of military instruc­ tions conducting military training under (c) (2) below will perform the duties tion which will follow, as nearly as the the provisions of the act of Congress cited indicated in this paragraph. facilities at the institution permit, the in section 42.01 will retain the ordinary (c) Accounting. (1) Government Infantry courses prescribed for students powers of supervision and control of the j property issued to educational institu­ of the Reserve Officers’ Training Corps. student personnel. tions under the provisions of the act Information relative to these courses is (e) Report from the professor of m ili­ of Congress cited in section 42.01 must contained in AR 145-10 and AR 145-20, tary science and tactics. The professor be accounted for on blank forms fur­ copies of which may be obtained from of military science and tactics will render nished by the War Department for this The Adjutant General. (See secs. 62.01 to corps area commanders a special re­ purpose. to 62.55.) These regulations will be port covering in full any serious case of (2) The president or other authority carefully studied and the policy and breach of military discipline in which of the institution will be requested to method of training outlined therein adequate action has not been taken by designate an official of the institution as should be used as a guide and carefully the authorities of the institution within authorized to sign all property papers adhered to as far as practicable. reasonable tim e.*# for the institution and account for the (2 ) Instruction other than Infantry. S e c . 42.08 Certificate to student. property in the name of and for the in­ Instruction in arms and services other When any student severs his connection stitution. This authority in the form of FEDERAL REGISTER, Wednesday, February 15, 1939 905

a certificate will be transmitted to the ecuting all persons concerned in the To : Commanding General. corps area commander. illegal possession thereof. Corps Area. (d) Lost, destroyed or damaged. (1) (e) Inventories— (1) By whom and Government property which becomes Stock In v e n ­ when made.— (i) Inventories of all Gov­ record t o ry O v e r ­ unserviceable through fair wear and A rtic le s S h o rt­ ernment property at each institution will b a l­ b a l­ ages ages tear incident to the proper and author­ be made at least once each year by the ances an ces ized use of such property will be re­ official of the institution authorized to placed or repaired at the expense of the account for the property in accordance United States. Such property may be with AR 35-6520.3 This annual inven­ dropped from the institution’s account­ tory will be made during the period be­ ability on an approved W. D., A. G. O. tween the close of the spring term of Form No. 15 (Report of Survey) or one academic year and the opening of the W. D., I. G. D. Form No. 1 (Inventory fall term of the following academic year. I certify that the above report is correct. and Inspection Report). Should the ap­ A Regular Army officer, assigned to duty (Signature) proved W. D., A. G. O. Form No. 15 or at the school, will assist at the inven­ W. D., L G. D. Form No. 1 involve the tory, and will verify the entry of inven­ (Accountable officer) shipment of the unserviceable property tory balances on the stock record cards (f) Overages to be taken up on stock to a depot or arsenal for salvage or re­ as required by paragraph 19c, AR 35- pair, such property will be dropped from record account. Any overages disclosed 6520. If an officer of the Regular Army by the inventory will be taken up on the accountability only on the receipted is not available to assist in taking the in­ W. D. Q. M. C. Form No. 434 (Ship­ stock record account of the institution ventory, the accountable school official on W. D., Q. M. C. Form No. 445 (Over, ping Ticket), on which it is shipped to will notify the corps area commander the depot or arsenal, to which the W. D., Short, and Damaged Report) as “Found and await the designation of suitable mil­ at school.” Report of survey will be ini­ A. G. O. Form No. 15 or W. D., I. G. D. itary personnel to be present at the in­ Form No. 1 authorizing the shipment tiated to cover all shortages disclosed by ventory. the inventory unless the authorities of will be attached. (ii) In the case of arms and other (2) Government property lost, de­ the institution acknowledge liability for items bearing numbers, the serial num­ the loss and make payment therefor as stroyed, or damaged by fire, flood, theft, ber of each weapon or similar item will tornado, or other similar causes, with­ contemplated in paragraph (d) (3) be checked. The provisions of paragraph above.*# out fault or neglect on the part of the 19d (1), AR 35-6520, will not apply. S e c . 42.11 Bonds, (a) A bond, in the institution, its servants, or employees, or The contents of packages containing any member of its student body receiv­ value of all Government property issued such items will, upon receipt thereof, be for the care, safekeeping thereof, and ing military training, will be replaced examined and verified as to quantity and at the expense of the United States. To for its return when required, will be fur­ serial numbers, after which the contain­ nished to the Secretary of War and will determine whether such loss, destruction, ers should be closed, resealed, and or damage was without fault or neglect be filed by the corps area commander marked to show date of such examina­ after approval by him. on the part of the institution, its ser­ tion and verification. The same proce­ vants or employees, or members of its (b) Government property to an amount dure will be followed when accountability in excess of that covered by the bond will student body receiving military training, for property is transferred, and at each a survey will be made as provided in not be issued. Educational institutions subsequent annual inventory. During will execute bonds in a sum of not less paragraphs 6 and 8, AR 35-6640.3 The the interim between inventories, the surveying officer will be appointed by the than 15 percent in excess of their imme­ seals should be inspected at frequent in­ diate needs in order that any reasonable corps area commander. tervals. expansion may be met by the supply de­ (3) All other loss, destruction, dam­ (iii) The result of such inventory and partments without entailing the neces­ age, or deterioration of Government also the balances appearing on the stock sity for the execution of a new bond. property for which an institution is ac­ record account will be entered, segre­ (See sec. 42.03, paragraph (c ).) Blank gated according to supply arms or serv­ countable will be made good by the in­ forms for bonds and instructions for ices, on the form prescribed in paragraph stitution, and corps area commanders their preparation will be obtained from will take the necessary action to cause (2) below (in duplicate), the original of the corps area commander. which will be certified as correct and reimbursement to the United States for (c) Institutions which belong to one forwarded to the corps area commander. such loss, destruction, damage, or de­ of the three following classes may be terioration. The duplicate copy will be retained by their own surety: (4) Whenever Government property the institution authorities. for which an institution is accountable is (2) Form.—The report of inventory (1) Institutions operating under State lost, whatever the cause, or becomes un­ and stock record balances will be pre­ charter. serviceable to the extent of requiring pared by the official of the institution (2) Institutions directly under con­ replacement, or repair which cannot be authorized to account for the property trol of municipalities. made at the institution, the institution in the following form, supported by a (3) Institutions which are corpora­ authorities will immediately notify the list of the serial numbers of all firearms, tions. corps area commander. In case arms which will be attached to each copy of (d) The high schools in the District of are lost, the corps area commander and the inventory: Columbia are not required to furnish The Adjutant General will be notified bond, as contemplated in paragraphs immediately by wire and the authorities (Place and Date) (a) and (b) above, on account of mili­ of the institution will also notify the Subject: Certified report of inventory and tary supplies and equipment issued by balances on stock record of public proper civil authorities, with a view of property a t ______the War Department for military in­ seizing the arms, if found, and of pros- (Designation of institution) struction and practice by the students therein. See act March 3, 1925 (43 Stat. 2 Administrative regulations of the War 8 Administrative regulations of the War 1232).*# Department relative to lost, destroyed, Department relative to property account­ S e c . 42.12 Arms, equipment, and damaged, or unserviceable property. ability and responsibility. spare parts, (a) Arms and equipment. 906 FEDERAL REGISTER, Wednesday, February 15, 1939

The following arms and equipment are (3) At institutions where no officer of of further evidence and all other inter­ designated for issue to educational in­ the Regular Army is stationed, the senior vening procedure, and the Commission stitutions under the provisions of the Regular Army representative will func­ having made its findings as to the facts act of Congress cited in section 42.01, the tion as the ordnance officer in the per­ and conclusion that said respondent has model depending upon the available formance of the duties prescribed in par­ violated the provisions of the Federal supply: agraph (1) above.*# Trade Commission Act; (1) For each student undergoing mil­ S e c . 42.13. Camps. Camps conducted It is ordered, That the respondent, itary training— under the provisions of the act of Con­ Siroil Laboratories, Inc., its officers, rep­ gress cited in section 42.01 will conform resentatives, agents and employees, in 1 rifle (complete), to include 1 oiler to such regulations as may be prescribed connection with their offering for sale, and thong case and 1 brush and thong. by the War Department.*# sale and distribution of its medicinal 1 gun sling. product now designated “Siroil” or any [ s e a l ] E. S. A dam s, (2) For every 25 students participat­ other product containing substantially Major General, ing in gallery practice— the same ingredients or possessing the The Adjutant General. 1 gallery practice rifle, caliber .22, same properties, whether sold under that M1922, M l, and necessary appendages. [F. R. Doc. 39-540; Piled, February 14, 1939; name or any other name, in commerce as 10:39 a. m.] commerce is defined in the Federal Trade (3) Miscellaneous. Commission Act, do forthwith cease and For each 2 rifles, 1 screw driver. desist from: For each 8 rifles, 1 barrack cleaning (1) Representing that said prepara­ rod. TITLE 16—COMMERCIAL PRACTICES For each 10 rifles, 1 chest, arms. tion removes dandruff, or is a cure or FEDERAL TRADE COMMISSION remedy for dandruff or psoriasis, or will (b) Ammunition, targets, and target clear up psoriasis lesions, or cause skin supplies. (As prescribed in allowance [Docket No. 3378] sores or blotches to disappear perma­ tables.) I n t h e M atter o p S ir o il L aboratories, nently. (c) Spare parts and cleaving ma­ I n c . (2) Representing that said prepara­ terials. Institutions to which Govern­ tion removes the crust, scales, lesions and S e c . 3.6 (t) Advertising falsely or mis­ ment property is issued are required leadingly—Qualities or properties of blemishes caused by psoriasis and relieves under their bond to keep said property product. Representing, in connection other of its discomforts unless such rep­ in good and serviceable condition. For with offer, etc., in commerce, of “Siroil” resentations are specifically restricted to this purpose the Government will issue medicinal product, or any other product removing such crusts, scales, lesions and to the institutions on proper approved blemishes in those cases where such con­ with substantially same ingredients or requisition such spare parts, implements, ditions are external in character and are properties, that said preparation re­ appendages, and cleaning materials as located solely in the outer layer of the moves dandruff, or is a cure or remedy are necessary. If the spare parts, imple­ skin. for dandruff or psoriasis, or will clear ments, appendages, etc., are to replace up psoriasis lesions, or cause skin sores It is further ordered, That the re­ similar articles which have become un­ or blotches to disappear permanently; spondent shall, within sixty (60) days serviceable through fair wear and tear or that said preparation removes the after service upon it of this order file incident to proper and authorized use, crust, scales, lesions and blemishes caused with the Commission a report in writ­ packing and handling charges, trans­ by psoriasis and relieves other of its ing, setting forth in detail the manner portation charges, and the cost, if any, discomforts, unless such representations and form in which it has complied with of the articles will be paid from funds are specifically restricted to removing this order. allocated to the corps area commander. such crusts, scales, etc., in those cases By the Commission. I f the articles are requested for any where such conditions are external in other cause, all charges will be borne [ s e a l ] O t is B. J o h n s o n , by the institution. character and are located solely in the Secretary. outer layer of the skin, prohibited. (Sec. (d) Care and safekeeping of arms, 5b, 52 Stat. 112; 15 U. S. C., Supp. IV, [P. R. Doc. 39-549; Piled, February 14, 1939; equipment, etc. The authorities of in­ sec. 45b) [Cease and desist order, Sir- 12:39 p. m.] stitutions are responsible for the care oil Laboratories, Inc., Docket 3378, Feb­ and safekeeping of arms, ammunition, ruary 6, 1939] and equipment which have been issued [Docket No. 3648] to them, and for seeing that proper pre­ United States of America—Before cautions are taken to prevent arms, I n t h e M atter o f E x celsio r L aboratory, Federal Trade Commission ammunition, and equipment from be­ I n c . ing improperly used and from falling At a regular session of the Federal S e c . 3.6 (t) Advertising falsely or mis­ into the hands of irresponsible persons. Trade Commission, held at its office in leadingly—Qualities or properties of (e) Reports of accidents and malfunc­ the City of Washington, D. C., on the 6th product: S ec. 3.6 (h) Advertising falsely tions of ordnance matériel. (1) At in­ day of February, A. D. 1939. or misleadingly—Fictitious guarantees: stitutions where an officer of the Ord­ Commissioners: Robert E. Freer, S ec. 3.6 (y 1) Advertising falsely or mis­ nance Department is included in the Chairman; Garland S. Ferguson, Charles leadingly—Scientific or other relevant staff of military instructors, the profes­ H. March, Ewin L. Davis, William A. facts: S e c . 3.72 (k 2) Offering deceptive sor of military science and tactics will Ayres. inducements to purchase—Results guar­ require this officer to act as the local antee. Disseminating, etc., any adver­ ordnance officer in investigating and re­ ORDER TO CEASE AND DESIST tisement, by means of United States porting accidents and malfunctions of This proceeding having been heard by mails or in commerce, etc., which is in­ ordnance matériel. the Federal Trade Commission upon the tended or likely to induce purchase of (2) At other institutions the professor complaint of the commission, and the “D. Gosewisch’s Garlic Tablets”, “D. of military science and tactics will per­ answer filed herein on the 12th day of Gosewisch’s Garlic Tablets with Vitamin form the functions of the local ordnance August 1938 by respondent, admitting E Added” , or “with Vitamin B-G Added”, officer insofar as these investigations and all the material allegations of the com­ or any other medicine composed of sub­ reports are concerned. plaint to be true and waiving the taking stantially similar ingredients, and which FEDERAL REGISTER, Wednesday, February 15, 1939 907

represents that such tablets constitute directly, the purchase of a medicinal Act, as amended, Regulations No. 4, Re­ a remedy or cure for high blood pres­ preparation in tablet form designated by lating to Labeling and Advertising of sure, loss of vitality, impurities of the the names of D. Gosewisch’s Garlic Tab­ Wine, as amended by Amendment No. bloodstream, or abnormal glandular lets, D. Gosewisch’s Garlic Tablets with 2,1 are further amended as follows: functions, or will help maintain and Vitamin E Added, and D. Gosewisch’s improve muscle functions or give ab­ Garlic Tablets with Vitamin B-G Added, 1. Amend Article n, Section 21, Classes dominal strength or vital resistance, or or any other medicine composed of sub­ I (a) (1), 4 (a), 5 (a), and 6 (a ), of said will stimulate growth or strengthen in­ stantially similar ingredients, whether regulations by striking out the words “ or testines, or be an effective nerve remedy sold under those names or under any an unfermented residual sugar content, or ward off onslaught of old age, or other name, or disseminating or causing derived from added sugar, of more than that they are a remedy for insomnia, to be disseminated any advertisement by II per cent by weight” , and inserting in dizzy spells, rising blood pressure, bad any means for the purpose of inducing, memory or general debility, or constitute or which is likely to induce, the purchase lieu thereof the words “ or an unfer­ a competent, effective treatment for any in commerce, as commerce is defined in mented residual sugar content, derived such diseases or ailments, other than as the Federal Trade Commission. Act, of from added sugar, of more than 15 per an aid in soothing nervous system, or said tablets, which advertisements repre­ cent by weight.” that they are antiseptic, or guaranteed, sent, directly or through implication, that 2. Amend Article II, Section 21, Class except as limited to refund of purchase such Garlic Tablets constitute a remedy 1 (a) (2), of said regulations by striking price; or that “Vitamin E is the Vitality or cure for high blood pressure, loss of out the words “ not more than 11 per cent Vitamin” or is the most vital of all vitality, impurities of the bloodstream, by weight of dry sugar” , and inserting in elements discovered by science; pro­ abnormal glandular functions or will lieu thereof the words “not more than 15 hibited. (Sec. 5b, 52 Stat. 112; 15 help maintain and improve muscle func­ per cent by weight of dry sugar.” U. S. C., Supp. IV, sec. 45b) [Cease and tions or give abdominal strength or vital desist order, Excelsior Laboratory, Inc., resistance, or will stimulate growth or 3. Amend Article II, Section 22 (b) (5), Docket 3648, February 6, 19391 strengthen the intestines, or be an effec­ of said regulations to read: tive nerve remedy or tone up the nerve United States of America— Before system or ward off the onslaught of old (5). Treatment of any class or type of Federal Trade Commission age, or that it is a remedy for insomnia, wine for which a standard of identity is At a regular session of the Federal dizzy spells, rising blood pressure, bad prescribed in this article with sugar 6r Trade Commission held at its office, in memory or general debility, or that such water in excess of the quantities specifi­ Garlic Tablets constitute a competent, the City of Washington, D. C., on the cally authorized by such standard, Pro­ effective treatment for any such diseases 6th day of February, A. D. 1939. vided, That the class or type thereof shall Commissioners: Robert E. Freer, or ailments other than as an aid in not be deemed to be altered, (1) where Chairman; Garland S. Ferguson, Charles soothing the nervous system, or that they H. March, Ewin L. Davis, William A. are antiseptic, or that they are guaran­ such wine (other than grape WTne) is Ayres. teed unless such guarantee is limited to derived from fruit, or other agricultural the refund of the purchase price; that products, having a high normal acidity, ORDER TO CEASE AND DESIST “Vitamin E is the Vitality Vitamin” or is if the unfermented residual sugar con­ This proceeding having been heard by the most vital of all elements discovered tent, derived from added sugar, is not the Federal Trade Commission upon the by science. more than 20 per cent by weight, and complaint of the Commission and the I t is further ordered, That the re­ the content of natural acid is not less answer of respondent, in which, answer spondent shall, within sixty (60) days than 7.5 parts per thousand, and, (2) respondent admits all the material alle­ after service upon it of this order, file where such wine is derived exclusively gations of the complaint to be true, and with the Commission a report in writing, from fruit, or other agricultural products, states that it waives hearing on the setting forth in detail the manner and charges set forth in said complaint and form in which it has complied with this the normal acidity of which is 20 parts or that, without further evidence or other order. more per thousand, if the volume of the resulting product has been increased not intervening procedure, the case might By the Commission. proceed to final hearing upon the record, more than 60 per cent by the addition [ s e a l ] O t is B. J o h n s o n , and the Commission having made its of sugar and water solution, for the sole Secretary. findings as to the facts and conclusion purpose of correcting natural deficiencies that said respondent has violated the [F. R. Doc. 39-550; Filed, February 14, 1939; due to such acidity, and there is stated provisions of the Federal Trade Commis­ 12:39 p. m.] as a part of the class and type designa­ sion Act; tion the phrase “Made with over 35 per It is ordered, That the respondent, cent sugar solution.” Excelsior Laboratory, Inc., its officers, representatives, agents and employees, TITLE 27—INTOXICATING LIQUORS [ s e a l ] W i S. A l ex an d er , directly or through any corporate or other FEDERAL ALCOHOL ADMINISTRA­ Administrator. device, do forthwith cease and desist TION DIVISION Approved, this 11th day of February, from: [Regulations No. 4, Amendment 4] 1939. Disseminating, or causing to be dis­ J o h n W. H a n e s , A m e n d in g t h e S tandards o p I d e n t it y seminated, any advertisement by means Acting Secretary of the Treasury. of the United States mails or in com­ W it h R espect t o t h e L im it a t io n s o n S w e e t e n in g i n W in e D erived F r o m merce, as commerce is defined in the [F. R. Doc. 39-538; Filed, February 13, 1939; Federal Trade Commission Act, by any C a n e , B e et, or D extrose S ugar 3:38 p.m .] means, for the purpose of inducing, or Pursuant to the provisions of Section which is likely to induce, directly or in- 5 of the Federal Alcohol Administration 11 F. R. 83; 3 F. R. 2093; 2500 DI. No. 31------2 908 FEDERAL REGISTER, Wednesday, February 15, 1939

TITLE 50—WILDLIFE S ec. 201.1 Closing of salmon traps capture, injury, or destruction of other during weekly closed periods and follow­ food fish; and (c) to commercial fishing BUREAU OF FISHERIES ing seasonal closing. During closed pe­ for king or spider crabs west of 150 S u b chapter. A— A lask a F is h e r ie s * riods the heart walls of all salmon traps degrees west longitude, exclusive of all within the areas affected shall be lifted waters in Cook Inlet.* By virtue of the authority vested in or lowered in accordance with the S ec. 201.6 The use of dynamite in the Secretary of Commerce, fishing areas method prescribed by section 5 of the taking fish is prohibited. The use of are hereby set apart and regulations act of June 6, 1924. The tunnels from dynamite, or any other explosive in the governing fishing therein are made effec­ hearts to pots of all salmon traps shall taking or killing of any fish is pro­ tive as follows: be constructed of flexible webbing other hibited.* Table op Contents than wire, and during all closed periods S ec. 201.7 Standard time used in vari­ Part they shall be completely closed by pull­ ous fishing areas of Alaska. The time 201 Alaska fisheries general regulations. ing to one side of the pot. In addition, 202 Alaska fisheries general trout regulations. used in the various areas for the en­ 203 Yukon-Kuskokwim area fisheries. the spillers of all driven traps shall be forcement of the law and the regula­ 204 Bristol Bay area fisheries. raised to within 4 feet of the capping tions that specify hours and days shall 205 Alaska Peninsula area fisheries. and the spillers of floating traps shall be be as follows: 206 Aleutian Islands area fisheries. 207 Chignik area fisheries. raised to within 4 feet of the surface (a) In the southeastern Alaska area: 208 Kodiak area fisheries. within 36 hours after the beginning of Standard time of the one hundred and 209 Cook Inlet area fisheries. any seasonal closed period. Within 36 thirty-fifth meridian of west longitude, 210 Resurrection Bay area fisheries. hours after the beginning of any sea­ 211 Prince William Sound area fisheries. ^ which is 1 hour slower than Seattle 212 Copper River area fisheries. sonal closed period the tunnels from standard time. 213 Bering River are.a fisheries. pots to spillers of all traps shall be en­ (b) In the Bering River, Copper River, 220 Southeastern Alaska area fisheries other tirely disconnected. In respect to traps than salmon. Prince William Sound, Resurrection Bay, 221 Southeastern Alaska area, Yakutat Dis­ not provided with spillers, the require­ Cook Inlet, Kodiak, Chignik, Alaska trict, salmon fisheries. ments in regard to spillers shall apply Peninsula, and Bristol Bay areas: Stand­ 222 Southeastern Alaska area, Icy Strait Dis­ to'th e pots. In any prescribed fishing trict, salmon fisheries. ard time of the one hundred and fiftieth 223 Southeastern Alaska area, Western Dis­ area prior to the first date when salmon meridian of west longitude, which is 2 trict, salmon fisheries. traps may be operated in any calendar hours slower than Seattle standard time. 224 Southeastern Alaska area, Eastern Dis­ year, no trap or any part thereof, (c) In the Aleutian Islands and Yu­ trict, salmon fisheries. Whether under construction or after 225 Southeastern Alaska area, Stikine Dis­ kon-Kuskokwim areas: Standard time trict, salmon fisheries. completion, shall be so arranged or ad­ of the one hundred and sixty-fifth merid­ 226 Southeastern Alaska area, Sumner Strait justed as to prevent the free and unob­ ian of west longitude, which is 3 hours District, salmon fisheries. structed passage at all times of all fish.* 227 Southeastern Alaska area, Clarence Strait slower than Seattle standard time.* District, salmon fisheries. (Sec. 5, 43 Stat. 466; 48 U. S. C. 234) S e c . 201.8 Observance of markers 228 Southeastern Alaska area, South Prince S e c . 201.2 Traps limited to two spill­ of Wales Island District, salmon fish­ ers. No trap shall have more than two erected by the Deportment of Com­ eries. merce. All persons engaged in fishery 229 Southeastern Alaska area, Southern Dis­ spillers.* trict, salmon fisheries. operations are warned to give due re­ S e c . 201.3 Salmon trolling boats pro­ gard to all markers erected by the De­ PART 201. ALASKA FISHERIES GENERAL hibited from carrying seines and limited partment of Commerce.* to one gill net; size of gill nets permitted. REGULATIONS S ec. 201.9 Intensity of commercial Sec. No salmon trolling boat shall carry or fishing shall be regulated by weir counts 201.1 Closing of salmon traps during weekly operate any seine or more than one gill in waters where weirs are maintained. closed periods and following seasonal net. The gill net shall be of mesh not In waters where a rack or weir is main­ closing. more than 2 V2 inches stretched measure 201.2 Traps limited to two spillers. tained by the Bureau of Fisheries for 201.3 Salmon trolling boats prohibited from between knots, shall not be of greater the purpose of counting salmon ascend­ carrying seines and limited to one than No. 20 gill-net thread, and shall not ing to the spawning grounds, records of nn-, a _ ?*** net* size of gill nets permitted. exceed 10 fathoms in length and 100 the catch of salmon shall be furnished 201.4 Types of gear permitted in commer­ meshes in depth.* cial salmon fishing. daily by all operators to the local repre­ 201.5 The use of trawls in commercial fish- S e c . 201.4 Types of gear permitted in sentative of the Bureau of Fisheries in ing is prohibited; exceptions. commercial salmon fishing. In com­ charge, and upon notification by the 201.6 The use of dynamite in taking fish is mercial fishing for salmon all forms of prohibited. Commissioner of Fisheries or his author­ 201.7 Standard time used in various figging gear other than drift gill nets, stake nets, ized representative that an excessive areas of Alaska. set nets, driven traps, floating traps, proportion of the run is being taken so 201.8 Observance of markers erected by the purse seines, beach seines, fish wheels, Department of Commerce. that the escapement of any species is 201.9 Intensity of commercial fishing shall trolling apparatus, hand lines, rods, less than the 50 percent specified by sec­ be regulated by weir counts in spears, and gaffs, are prohibited at all tion 2 of the act of June 6, 1924, all com­ _ waters where weirs are maintained. times. The use of any other form of mercial fishing operations shall at once 201.10 The driving of salmon downstream gear, including trammel nets, diver nets, prohibited. be discontinued and shall not be resumed 201.11 Inspection of fisheries establishments trawls, combination nets, hammerhead until permission therefor is granted by by Government agents. traps or any modification thereof , is pro­ the Commissioner of Fisheries or his 201.12 Identification of stationary fishing hibited at all times. No gill net shall apparatus. duly authorized representative. And if 201.13 Registration of trolling boats with include any webbing other than a single in any year it shall appear that the Bureau of Fisheries. sheet hung between cork and lead lines. run of salmon in such waters has 201.14 Prosecution for wanton waste of fish No gill net shall be used in any form of diminished there shall be required a 201.15 The taking of salmon for feed for seining operations.* fur-bearing animals shall be con­ correspondingly increased escapement, sidered as commercial fishing. S ec. 201.5 The use of trawls in com­ and upon notification by the Commis­ 201.16 Imposition of additional restrictive mercial fishing is prohibited; exceptions. sioner of Fisheries or his authorized rep­ regulations where the intensity of The use of any trawl in commercial fish­ fishing warrants. resentative all commercial fishery op­ ery operations is prohibited: Provided, erations shall cease and shall not be That this prohibition shall not apply (a) resumed until such increased escapement * Sections 201.1 to 229.18 issued under the to fishing operations conducted solely for authority contained in Sec. 1, 44 Stat. 752; has been secured.* (Sec. 2, 43 Stat. 48 U. S. C. 221. Whenever there is special the purpose of taking shrimp; (b) to 465; 48 U. S. C. 225) authority for a specific section such authority commercial fishing for flounders when S ec. 201.10 The driving of salmon will appear at the end of the section. such fishing does not result in the downstream is prohibited. The driving FEDERAL REGISTER, Wednesday, February 15, 1939 909 of salmon downstream and the causing S e c . 202J. Steelhead trout fishery sub­ tude.* (Sec. 4, 48 Stat. 595; 48 U. S. C. of salmon to go outside the protected ject to same regulations as salmon fish­ 232) area at the mouth of any salmon stream ery* Commercial fishing for steelhead (c) Kuskokwim District: All waters of are expressly prohibited* trout shall be subject to the provisions of Kuskokwim River, and waters of Kuskok­ S e c . 201.11 Inspection of fisheries law and the regulations applicable to wim Bay, exclusive of Goodnews Bay, establishments by Government agents. commercial fishing for salmon.* within a line extending from the east During the inspection of the salmon Se c . 202.2 Waters closed to commer­ shore of Kuskokwim Bay at the parallel fisheries by the agents and representa­ cial fishing for trout. Commercial fish­ of 59 degrees north latitude to Cape tives of this department, they shall have ing for trout of any species is prohibited Avinof. The mouth of the Kuskokwim at all times free and unobstructed access in all stream and lakes: Provided, That River shall be considered as at a straight to all canneries, salteries, and other fish­ this prohibition shall not apply to Dolly line extending from a marker erected for ing establishments and to all hatcheries.* Varden trout.* the purpose at Beacon Point to another (Sec. 6, 43 Stat. 466; 48 U. S. C. 227) S ec. 202.3 Maximum take of trout marker at Popokamute.* (Sec. 4, 48 S e c . 201.12 Identification of stationary during any one day. No person shall Stat. 595; 48 U. S. C. 232) fishing apparatus. All persons, com­ take during any one day more than a S e c . 203.3 Types of gear permitted, panies, or corporations owning, operat­ combined total of 40 trout of all species, ing, or using any stake net, set net, trap commercial salmon fishing. Commercial except Dolly Varden trout, and no per­ fishing for salmon shall be conducted net, pound net, or fish wheel for taking son shall have in his possession at any salmon or other fishes shall cause to be solely by drift gill nets and set nets: time more than 80 trout of all species, ex­ Provided, That this shall not apply (a) placed in a conspicuous place on said cept Dolly Varden trout: Provided, That trap net, pound net, stake net, set net, to the use of purse seines in Kuskokwim in Russian River, flowing into Kenai Bay, exclusive of Goodnews Bay, between or fish wheel the name of the person, River, and in all other lakes and streams company, or corporation owning, operat­ 59 degrees north latitude and 59 degrees of Kenai Peninsula, there shall not be 40 minutes north latitude westward to ing, or using same, together with a dis­ taken in any one day more than a com­ tinctive number, letter, or name which Cape Avinof, and (b) to the use of fish bined total of 10 pounds and one fish wheels in the Yukon and Kuskokwim shall identify each particular stake net, of all species except Dolly Varden trout, set net, trap net, pound net, or fish Rivers by native Indians and bona fide and no one shall have in his possession permanent white residents along those wheel, said lettering and numbering to at any time more than a combined total consist of black figures and letters, not rivers for the capture of king salmon. of 20 pounds and one fish of all species The extension to any seine in the way less than 6 inches in length, painted on except Dolly Varden trout.* white ground.* of leads exceeding 25 fathoms in length S ec. 201.13 Registration of trotting PART 203. YUKON-KTJSKOKWIM AREA is prohibited.* (Sec. 4, 48 Stat. 595; 48 U. S. C. 232) boats with Bureau of Fisheries. Each FISHERIES season, prior to commencement of com­ Sec. S e c . 203.4 Total aggregate length of mercial fishing, the name and number 203.1 Definition, Yukon-Kuskokwim area. gill nets, salmon fishing boats. The total of each trolling boat shall be furnished 203.2 Districts open to commercial salmon aggregate length of gill nets on any in writing to the local representative of fishing. salmon fishing boat, or in use by such 203.3 Types of gear permitted, commercial boat, shall not exceed 150 fathoms hung the Bureau of Fisheries.* salmon fishing. measure.* (Sec 4, 48 Stat. 595; 48 S ec. 201.14 Prosecution for wanton 203.4 Total aggregate length of gill nets, waste of fish. I f in the process of curing salmon fishing boats. U. S. C. 232) 203.5 Size of mesh and depth of m imnn S e c . 203.5 Size of mesh and depth of salmon bellies the rem ain in g edible por­ gill nets. tion of the fish is not used, such action 203.6 Types of gear permitted commercial salmon gill nets. King-salmon gill nets will be regarded as wanton waste within salmon fishing, Yukon district. shall have a mesh of at least 8% inches the meaning of section 8 of the act of 203-.7 Open season, commercial salmon fish­ stretched measure between knots, red- ing. salmon gill nets of linen webbing shall June 26, 1906, and those who engage in 203.8 Maximum commercial take of iring this practice will be reported for prosecu­ and red salmon. have a mesh of at least 5 ^ inches tion as provided for in the act.* (Sec. 203.9 Marking of salmon gill nets. stretched measure between knots, and 203.10 Trailing of web by fishing boats. 8, 34 Stat. 480 ; 48 U. S. C. 236) red-salmon gill nets of cotton webbing 203.11 Motor-propelled salmon gill net boats shall have a mesh of at least 5% inches S e c . 201.15 The taking of salmon for prohibited. stretched measure between knots as feed for fur-bearing animals shall be con­ 203.12 Commercial herring fishing in Golof- nin Bay, closed seasons. measured when actually in use. No red- sidered as commercial fishing. The tak­ 203.13 Commercial herring fishing limited salmon gill net shall be over 28 meshes ing of salmon for feed for fur-bearing to gill nets, Golofnin Bay. deep.* (Sec. 4, Stat. 595; 48 U. S. C. animals shall be considered as commer­ 203.14 Seines prohibited, commercial her­ ring fishing except for bait pur­ 232) cial fishing and subject to all of the limi­ poses. tations in respect thereto.* 203.15 Disposal of herring offal. S e c . 203.6 Types of gear permitted, commercial salmon fishing, Yukon dis­ S ec. 201.16 Imposition of additional S e c . 203.1 Definition, Yukon-Kuskok- trict. Commercial fishing for salmon in restrictive regulations where the intensity wim area. The Yukon-Kuskokwim area the Yukon district shall be conducted of fishing warrants. Any increase in the is hereby defined to include all territorial solely by king-salmon gill nets having amount of fishing gear employed or any coastal and tributary waters of Alaska mesh of at least 8 l/z inches stretched expansion of fishery operations in any from Cape Newenham northward to the measure between knots as measured when district in any season shall, in the dis­ parallel of 66 degrees north latitude.* actually in use: Provided, That this shall cretion of the Secretary of Commerce, not apply to the use of fish wheels in result in the immediate imposition of S e c . 203.2 Districts open to commer­ the Yukon River by native Indians and such additional restrictions as may ap­ cial salmon fishing. Commercial fishing pear necessary.* for salmon is prohibited except within bona fide permanent white residents the following-described districts: along the river for the capture of king PART 202. ALASKA FISHERIES GENERAL TROUT salmon.* (Sec. 4,48 Stat. 595; 48 U. S. C. (a) Port Clarence District: Waters REGULATIONS 232) within a line extending from Cape Doug­ Sec. S e c . 203.7 Open season, commercial 202.1 Steelhead trout fishery subject to same las to Cape York.* salmon fishing. Commercial fishing for regulations as salmon fishery. (b) Yukon District: All waters of the 202.2 Waters closed, to commercial fishing for salmon is prohibited except in the period trout. Yukon River and all waters along the from 6 o’clock antemeridian June 1 to 202.3 Maximum take of trout during any one coast between 62 degrees north latitude 6 o’clock postmeridian July 31, in each day. and 63 degrees 15 minutes north lati­ year: Provided, That such fishing is per- 910 FEDERAL REGISTER, Wednesday, February 15, 1939

mitted in the Kuskokwim district until 6 Sec. or anchored gill nets shall be operated in o’clock postmeridian August 15.* (Sec. 204.5 Operation of stake and set or an­ substantially a straight line.* 4, 48 Stat. 595; 48 U. S. C. 232) chored gill nets. 204.6 Areas open to operation of stake and S ec. 204.6 Areas open to operation of S e c . 203.8 Maximum commercial take set or anchored gill nets. stake and set or anchored gill nets. Com­ of king and red salmon. The combined 204.7 Maximum take of red salmon, Hage- mercial fishing for salmon with stake take of king and red salmon for com­ meister district. 204.8 Total aggregate length of stake nets nets or set or anchored gill nets shall be mercial purposes shall not exceed 300,- limited. limited to beach areas between high and 000 fish in any calendar year: Provided, 204.9. Distance between fixed gill nets, low water marks, exclusive of bars or That the take of king salmon in the Nushagak district. 204.10 Total aggregate length of gill nets flats that at low tide are not connected Yukon district shall not exceed 50,000 on salmon fishing boats. by exposed land to the shore or places fish, of which not more than 25,000 may 204.11 Size of mesh and depth of salmon not covered at high tide, and shall be be taken inside the mouth of the Yukon gill nets. confined to the following places: River, in any calendar year: And pro­ 204.12 Opening date for commercial salmon fishing with small mesh gear. vided further, That the combined take 204.13 Seasonal closed periods, commercial (a) Nushagak district: Along the of red and king salmon in the Kuskokwim salmon fishing. beach, except on the west side of Nusha­ district shall not exceed 250,000 fish in 204.14 Open season," commercial salmon fish­ gak Bay from a point 2 statute miles ing with smaU mesh gear in 4, 48 south of Bradford Point to Coffee Point, any calendar year.* (Sec. Stat. Ugashik district. 595; 48 U. S. C. 232) 204.15 Trailing of web by fishing boats. and except along the east side of that S e c . 203.9 Marking of salmon gill nets. 204.16 Motor-propelled salmon gill net boats bay from the drift gill net prohibitive Each gill net in operation shall be marked prohibited. marker at Nushagak Point to a point on 204.17 Marking of salmon-fishing boats. the beach 1,000 yards north of Clark by a cluster of floats or corks at the ends, 204.18. Smelt nets restricted. and double floats or corks shall be at­ 204.19 Weekly closed periods, commercial Slough and except from a point 2,500 tached to the cork line at 25-fathom salmon fishing. yards southeast of Ekuk Bluff light to 204.20 Waters closed to commercial salmon Etolin Point. intervals. The clusters of floats or corks fishing. at the ends and the double floats or corks (b) Kvichak Bay: Along the beach on at the 25-fathom intervals shall be S e c . 204.1 Definition, Bristol Bay the southeast' shore of the bay from painted bright red. The clusters at the area. The Bristol Bay area is hereby Prosper Creek to Coffee Creek. ends shall also be legibly and plainly defined to include all territorial coastal (c) Naknek Bay: Along the beach on marked with the initials of the operator.* and tributary waters of Alaska from the north side of the bay from a point S ec. 203.10 Trailing of web by fishing Cape Newenham to a point on the coast 1,200 yards above the drift gill net pro­ boats. The trailing of web behind any 3 statute miles south of Cape Menshikof.* hibitive markers to a point 1,500 yards fishing boat is prohibited above the S e c . 204.2 Districts open to commer­ outside such markers, and along the markers fixing closed waters.* cial salmon fishing. Commercial fishing beach on the south side of the bay from for salmon is prohibited except within S e c . 203.11 Motor-propelled salmon a point 1,200 yards above the drift gill gill net boats prohibited. The use of the following-described districts: net prohibitive markers to a point 3,000 motor-propelled fishing boats in catch­ (a) Hagemeister district: Waters of yards outside such markers. ing salmon with gill nets is prohibited.* Hagemeister Strait from 161 degrees 40 (d) Egegik Bay: Along the beach on S e c . 203.12 Commercial herring fish­ minutes west longitude to 160 degrees 38 the north side of the bay to a point 4,000 ing in Golofnin Bay, closed seasons. minutes west longitude. yards outside the drift gill net prohibitive Commercial fishing for herring in the (b) Nushagak district: Waters of Nus­ marker, and on the south side of the bay waters of Golofnin Bay within a line hagak Bay within a line from Point Pro­ to a point 1,000 yards outside such from the southern extremity of Rocky tection to Etolin Point. marker. Point to the southern extremity of Cape (c) Kvichak-Naknek district: Waters (e) Ugashik Bay and River: Along the Darby is prohibited from January 1 to of Kvichak Bay within a line from Etolin beach on the north side of the bay from August 19, both dates inclusive, and Point to Middle Bluff Light on the east­ Pilot Station to a point 500 yards south of from November 1 to December 31, both ern side of Kvichak Bay. Dago Creek, and along the beach on the dates inclusive.* (d) Egegik district: Waters between a east side of the river from a point 200 S e c . 203.13 Commercial herring fish­ line extending from Etolin Point to Mid­ yards north of the Red Salmon Canning ing limited to gill nets, Golofnin Bay. dle Bluff Light and an east and west line Co.’s cannery to a point 1,200 yards Commercial fishing for herring in the at 58 degrees north latitude. north of that cannery.* waters of Golofnin Bay, within a line (e) Ugashik district: Waters between from the southern extremity of Rocky an east and west line at 58 degrees north S e c . 204.7 Maximum take of red Point to the southern extremity of Cape latitude and the southern limit of the salmon, Hagemeister district. The com­ Darby, shall be conducted solely by gill area at a point on the coast 3 statute bined take of red salmon for commercial nets of mesh not less than 2% inches miles south of Cape Menshikof.* purposes in the Hagemeister district shall not exceed 50,000 fish in any cal­ stretched measure between knots.* S e c . 204.3 Commercial salmon fishing endar year.* S e c . 203.14 Seines prohibited, com­ limited to gill nets. Commercial fishing mercial herring fishing except for bait for salmon shall be conducted solely by S e c . 204.8 Total aggregate length of purposes. Commercial fishing for her­ drift gill nets, set or anchored gill nets, stake nets limited. The total aggregate ring, except for bait purposes, by means and stake gill nets. The use of all other length of stake nets used by any individ­ of any seine is prohibited.* forms of fishing gear is prohibited.* ual shall not exceed 50 fathoms meas­ S e c . 203.15 Disposal of herring offal. S e c . 204.4 Marking of salmon gill ured on the cork line.* The dumping of offal and dead herring nets. Each drift gill net in operation S e c . 204.9 Distance between fixed gill in the waters of any bay in which her­ shall be marked by a cluster of floats or nets, Nushagak district. In the Nusha­ ring spawn or where they are captured corks at the ends, and double floats or gak district the distance by most direct is prohibited.* corks shall be attached to the cork line at measurement from any part of one stake 25-fathom intervals. The clusters of gill net or set or anchored gill net to any PART 204. BRISTOL BAY AREA FISHERIES floats or corks at the ends and the double part of another stake gill net or set or Sec. floats or corks at the 25-fathom inter­ anchored gill net shall not be less than 204.1 Definition, Bristol Bay area. vals shall be painted bright red and 450 feet.* 204.2 Districts open to commercial salmon legibly and plainly marked with the S e c . 204.10 Total aggregate length of fishing. initials of the operator.* 204.3 Commercial salmon fishing limited to gill nets on salmon fishing boats. The gill nets. S e c . 204.5 Operation of stake and set total aggregate length of gill nets on 204.4 Marking of salmon gill nets. or anchored gill nets. Stake nets and set any salmon fishing boat, or in use by FEDERAL REGISTER, Wednesday, February IS, 1939 911

such boat, shall not exceed 150 fathoms prescribed by section 5 of the act of June nets limited to beach areas between high hung measure.* 6, 1924, is hereby extended to include the and low watermarks will be permitted on S ec. 204.11 Size of mesh and depth period from 6 o’clock antemeridian the east side of the river from a point of salmon gill nets. King-salmon nets Wednesday to 6 o’clock antemeridian 200 yards north of the Red Salmon Can­ shall have a mesh of at least 8% inches Thursday of each week, making a weekly ning Co.’s cannery to a point 1,200 yards stretched measure between knots, and closed period of 60 hours: Provided, That north of that cannery.* red-salmon nets shall have a mesh of at in the waters of Kvichak Bay between PART 205. ALASKA PENINSULA AREA FISHERIES least 5Vz inches stretched measure be­ the line extending across the bay from Sec. tween knots, as measured when actually the marker on a high point on the east 205.1 Definition, Alaska Peninsula area. in use. No red-salmon nets shall be over bank of Prosper Creek, about 700 yards 205.2 Weekly closed periods, commercial 28 meshes deep.* above the Koggiung cannery of the salmon fishing, north side of penin­ S e c . 204.12 Opening date for com­ Alaska Packers Association, to the mark­ sula. 205.3 Weekly closed periods, commercial mercial salmon fishing with small mesh er on the opposite side, the course being salmon fishing, south side of penin­ gear. Prior to 6 o’clock antemeridian about north, 44 degrees west, magnetic, sula. June 26 in each year commercial fishing and the line extending across the bay 205.4 Total aggregate length of gill nets, for salmon with nets of mesh less than from a marker at Jenson Creek, the salmon fishing boats. 205.5 Operation of stake and anchored gill 8 Y2 inches stretched measure between course being north, 54 degrees west, mag­ nets. knots is prohibited.* netic, to a marker on the opposite shore 205.6 Minimum distance between units of S ec. 204.13 Seasonal closed periods, about iy2 miles west of Squaw Creek, the fishing gear. 205.7 Length of stake and set or anchored commercial salmon fishing. Commercial 36-hour weekly closed period for salmon gill nets. fishing for salmon is prohibited in the fishing prescribed by section 5 of the act 205.8 Length of beach seines. period from 6 o’clock antemeridian July of June 6, 1924, is hereby extended to 205.9 Salmon fishing boats limited to one seine. 25 to 6 o’clock antemeridian August 3, include the period from 6 o’clock post­ 205.10 Minimum distance between traps. except in the Ugashik district, where meridian of Saturday of each week to 6 205.11 Waters open to purse seines, salmon such fishing is prohibited from 6 o’clock o’clock antemeridian of the Tuesday fol­ fishing. antemeridian July 28 to 6 o’clock ante­ lowing and the period from 6 o’clock 205.12 Maximum length of salmon purse seine boats. meridian August 10.* antemeridian Wednesday to 6 o’clock j 205.13 Maximum take of red salmon, Port S ec. 204.14 Open season, commercial antemeridian Thursday of each week, Heiden waters. salmon fishing with small mesh gear in making a weekly closed period of 84 105.14 Open seasons, commercial salmon hours.* fishing. Ugashik district. Commercial fishing for 205.15 Waters closed to gill nets, commercial salmon in the Ugashik district with nets S e c . 204.20 Waters closed to commer­ salmon fishing. less than 8 V2 inches stretched measure cial salmon fishing. All commercial 205.16 Commercial fishing with stake nets between knots is prohibited except in the fishing for salmon is prohibited as fol­ restricted. 205.17 Trolling gear. period from 6 o’clock antemeridian July lows: 205.18 Taking of small king salmon by com­ 1 to 6 o’clock antemeridian July 28 in (a) Nushagak Bay: All waters north­ mercial trailers prohibited. each year.* 205.19 Areas open to salmon traps. ward of a line from a marker 2 statute 205.20 Waters closed to commercial salmon S ec. 204.15 Trailing of web by fishing miles below Bradford Point to a marker fishing. boats. The trailing of web behind any on the opposite shore at Nushagak 205.21 Closed seasons, commercial herring fishing boat is prohibited above the Point: Provided, That stake nets or set fishing except for bait purposes. markers fixing closed waters.* 205.22 Waters closed to commercial herring or anchored gill nets limited to beach fishing. S e c . 204.16 Motor-propelled salmon areas between high and low watermarks 205.23 Weekly closed period, commercial her­ gill net boats prohibited. The use of will be permitted to the old prohibitive ring fishing except for bait purposes. motor-propelled fishing boats in catch­ 205.24 Size of mesh, herring gill nets. line from Snag Point to the old village 205.25 Traps prohibited, commercial herring ing salmon is prohibited.* on the east bank. fishing. S ec. 204.17 Marking of salmon-fishing (b) Kvichak Bay: All waters above a 205.26 Seines prohibited, commercial herring boats. Each salmon-fishing boat in op­ fishing except for bait purposes. line extending at right angles across 205.27 Size of purse seines, commercial bait eration shall be legibly and plainly Kvichak Bay from the marker on a high fishing for herring. marked with the initials or symbol of point on the east bank of Prosper Creek, 205.28 Placing of obstructions in herring bays the person, company, or corporation own­ about 700 yards above the Koggiung can­ prohibited. ing, operating, or using same, together 205.29 Disposal of herring offal. nery of the Alaska Packers Association, 205.30 Minimum size of razor clams to be with a distinctive number which shall to the marker on the opposite side, the taken commercially. identify each particular boat, said let­ course being about north, 44 degrees 205.31 Protection of small razor clams. ters, symbols, and numbers to be not west, magnetic. S e c . 205.1 Definition, Alaska Penin­ less than 6 inches in length. Each per­ (c) Naknek Bay: All waters within 1 sula area. The Alaska Peninsula area is son, company, or corporation operating statute mile of the mouth of the Naknek hereby defined to include all territorial two or more salmon-fishing boats shall River: Provided, That stake nets or set coastal and tributary waters of the have said boats numbered consecutively, or anchored gill nets limited to beach Alaska Peninsula from a point of the beginning with number 1 for each plant. areas between high and low watermarks coast 3 statute miles south of Cape Mens- Boats operated by Alaska residents shall will be permitted on each side of the bay hikof on the Bering Seashore, extending have, in addition, the letter “A” before to a point 1,200 yards above the drift gill in a southwesterly direction to Unimak the number. Each season, prior to the net prohibitive markers. Pass, thence in a northeasterly direction opening date for commercial fishing, the (d) Egegik Bay: All waters above a along the Pacific side of the Alaska Pen­ initials or symbol, and number of each line extending at right angles across said insula to Castle Cape (Tuliumit P oint). boat shall be furnished in writing to the bay from a marker on the north bank The waters of Unimak, the Sanak, the agent of the Bureau of Fisheries in 250 yards east of Libby, McNeill & Libby’s Shumagin, and all other adjacent islands charge of the district in which said boat cannery building to a marker on the are included.* shall operate.* south bank 175 yards east of the Alaska S e c . 205.2 Weekly closed periods, com­ S e c . 204.18 Smelt nets restricted. Packers Association’s new cannery build­ mercial salmon fishing, North side of The use of smelt nets is prohibited in ing. peninsula. In the waters of Nelson La­ localities where young salmon are (e) Ugashik River and Bay: AH waters goon, and thence along the coast to Cape migrating.* above a line extending at right angles Seniavin, including Nelson Lagoon, Her- S ec. 204.19 Weekly closed periods, across said river 500 yards below the endeen Bay, Port Moller, and the fishing commercial salmon fishing. The 36-hour mouth of King Salman River: Provided, grounds off the Bear, Sandy, and Ocean weekly closed period for salmon fishing That stake nets or set or anchored gill Rivers, the 36-hour closed period for 912 FEDERAL REGISTER, Wednesday, February 15, 1939

salmon fishing prescribed by section 5 measurement from any part of one trap utes 18 seconds west longitude, to a point of the act of June 6, 1924, is hereby ex­ to any part of another trap shall not be at 54 degrees 46 minutes 44 seconds north tended to include the periods from 6 less than one statute mile.* latitude, 163 degrees 21 minutes 32 sec­ o’clock postmeridian until 6 o’clock Sec. 205.11 Waters open to purse onds west longitude, and (2) from a point antimeridian of each night from Mon­ seines, salmon fishing. The use of purse at 54 degrees 45 minutes 18 seconds north day to Friday, inclusive, making a weekly seines for the capture of salmon is pro­ latitude, 163 degrees 17 minutes 30 sec­ closed period in these waters of 96 hours, hibited, except that (a) in the waters onds west longitude, to a point on Louis­ which ^hall be effective throughout the of the Shumagin Islands and between iana Cove at 54 degrees 45 minutes 56 entire salmon fishing season of each Cape Aliaksin and Castle Cape, seines seconds north latitude, 163 degrees 8 year.* not to exceed 100 fathoms in length and minutes 52 seconds west longitude. S e c . 205.3 Weekly closed periods, 150 meshes in depth may be used, and (b) Unimak Island: Along the coast commercial salmon fishing, south side of (b) purse seines are permitted in waters of East Ancher Cove within 2,500 feet, peninsula. In the waters along the open to commercial fishing from Morgan measured along the coast, from a point south side of the Alaska Peninsula, in­ Point on the west side of the entrance to at 54 degrees 41 minutes 12 seconds cluding the waters of the Shumagin and King Cove westward, thence northward north latitude, 163 degrees 3 minutes 36 other adjacent islands, the 36-hour and eastward to Cape Seniavin.* seconds west longitude. closed period for salmon fishing pre­ S e c . 205.12 Maximum length of sal­ (c) Along the coast on the west side scribed by section 5 of the act of June 6, mon purse seine boats. No boat used of Morzhovoi Bay within 2,500 feet meas­ 1924, is hereby extended to include the in operating any purse seine shall be ured along the coast from a point at 55 periods from 6 o’clock postmeridian longer than 50 feet, as shown by official degrees 0 minutes 52 seconds north lati­ Tuesday to 6 o’clock antemeridian Wed­ register length: Provided, That this shall tude, 163 degrees 9 minutes 39 seconds nesday and from 6 o’clock postmeridian not apply to such boats operated on the west longitude. Wednesday to 6 o’clock antemeridian north side of the Alaska Peninsula or in (d) Along the coast of Vodapoini Thursday of each week, making a weekly the waters of this area west of Morgan Point within 2,500 feet of a point at 55 closed period of 60 hours: Provided, that Point.* degrees 2 minutes 5 seconds north lati­ this extension of 24 hours closed period S e c . 205.13 Maximum take of red sal- tude, 162 degrees 24 minutes 21 seconds each week shall not apply to gill nets mon, Port Heiden waters. In Port Hei- west longitude. and shall not be effective for any gear den waters the catch of red salmon shall (e) Along the coast of Bold Cape for a after 6 o’clock antemeridian of July 25 not exceed 50,000 in any calendar year.* distance of 2,500 feet from a point at 55 of each year.* S e c . 205.14 Open seasons, commercial degrees 1 minute 12 seconds north lati­ S ec. 205.4 Total aggregate length of salmon fishing. Commercial fishing for tude, 162 degrees 15 minutes 36 seconds gill nets, salmon fishing boats. The salmon is prohibited prior to 6 o’clock west longitude. total aggregate length of gill nets on antemeridian May 27 in each calendar (f) Deer Island: East coast within any salmon fishing boat, or in use by year and during the remainder of each 2.500 feet of a point at 54 degrees 51 such boat, shall not exceed 200 fathoms calendar year after 6 o’clock postmerid­ minutes 42 seconds north latitude. hung measure.* ian August 10, except that beach seines (g) Along the mainland coast between S ec. 205.5 Operation of stake and and gill nets may be used from Septem­ Belkofski Bay and Bear Bay, from a anchored gill nets. Stake and anchored ber 5 to September 30, both dates in­ point at 55 degrees 6 minutes 21 seconds gill nets shall be operated in substan­ clusive.* north latitude, 161 degrees 57 minutes tially a straight line: Provided, That not S e c . 205.15 Waters closed to gill nets, 54 seconds west longitude, to a point at to exceed 30 fathoms of each net may commercial salmon fishing. Commercial 55 degrees 8 minutes north latitude, 161 be used as a hook. Only one such hook fishing for salmon by means of gill nets, degrees 57 minutes 18 seconds west longi­ is permitted on a net.* including drift nets and set nets, is pro­ tude. S e c . 205.6 Minimum distance between hibited west of 161 degrees west longi­ (h) Dolgoi Island: East coast within units of fishing gear. The distance by tude, exclusive of waters along the Ber­ 2.500 feet of a point at 55 degrees 7 most direct water measurement from ing Sea Coast and the waters of the minutes 42 seconds north latitude, 161 any part of one stake gill net, set, or Sanak Islands group.* degrees 38 minutes 24 seconds west longi­ anchored gill net, or beach seine to any tude. S e c . 205.16 Commercial fishing with part of another stake gill net, set, or stake nets restricted. Commercial fish­ (i) Along the mainland coast within anchored gill net, beach seine, or trap ing for salmon by means of stake nets, 2.500 feet, measured along the coast, from shall not be less than 1,800 feet. No except along the Bering Sea Coast, is a point at 55 degrees 13 minutes 30 sec­ purse seine shall operate within % stat­ prohibited.* onds north latitude, 161 degrees 52 ute mile of any trap.* minutes 36 seconds west longitude. S e c . 205.17 Trolling gear. No troll­ S e c . 205.7 Length of stake and set or ing boat shall operate more than 4 (j) Mainland coast along the west side anchored gill nets. No stake gill net or trolling lines.* of Pavlof Bay from 55 degrees 18 minutes set or anchored gill net shall exceed 75 6 seconds north latitude to 55 degrees fathoms in length measured on the cork S e c . 205.18 Taking of small king 20 minutes north latitude. line.* salmon by commercial trollers prohibited. (k) Mainland coast along the east In commercial trolling operations no S e c . 205.8 Length of beach seines. The side of Pavlof Bay (1) within 2,500 feet use of any beach seine less than 60 king salmon shall be caught which when of a point at 55 degrees 27 minutes north fathoms in length or more than 75 dressed will weigh less than 6 pounds. latitude; and (2) within 2,500 feet of a fathoms in length is prohibited.* In the event any such undersized salmon point at 55 degrees 21 minutes 35 sec­ are thus taken, they must be carefully S e c . 205.9 Salmon fishing boats lim­ onds north latitude, 161 degrees 29 ited to one seine. No salmon fishing boat removed from the hook without jerking minutes 18 seconds west longitude. or other action causing injury and re­ shall carry or operate more than one (l) Island east of Seal Cape at 55 turned to the water alive.* seine of any description, and no addi­ degrees 21 minutes 16 seconds north lati­ tional net of any kind, except one lead S e c . 205.19 Areas open to salmon tude, 161 degrees 13 minutes 24 seconds having mesh not less than 8 inches traps. The use of any trap for the cap­ west longitude. stretched measure between knots, shall ture of salmon is prohibited, except as (m) Mainland coast within 2,500 feet follows: be carried on such boat. The carrying of a point near Swedania Point at 55 of any additional seine or net of any kind (a) Unimak Island: Along the coast degrees 28 minutes 43 seconds north lati­ on a boat towed by any salmon fishing on the west and south sides of Ikatan Bay tude, 160 degrees 30 minutes 14 seconds boat is prohibited.* (1) from a point on False Pass (Isanotski west longitude. S ec. 205.10 Minimum distance between Strait) at 54 degrees 48 minutes 54 sec­ (n) Unga Island: East coast (1) with­ traps. The distance by most direct water onds north latitude, 163 degrees 22 min- in 2,500 feet of a point at 55 degrees 11 FEDERAL REGISTER, Wednesday, February 15, 1939 913 minutes 42 seconds north latitude, 160 inclusive, commercial fishing for herring, Sec. degrees 27 minutes 38 seconds west including bait fishing, is prohibited in 206.12 Size of purse seines, commercial her­ longitude; and (2) within 2,500 feet of a ring fishing. all waters closed throughout the year to 206.13 Waters closed to commercial bait fish­ point at 55 degrees 13 minutes 29 sec­ salmon fishing.* ing for herring with seines. onds north latitude, 160 degrees 29 S ec. 205.23 Weekly closed period, com­ 206.14 Placing of obstructions in herring minutes 37 seconds west longitude. mercial herring fishing except for bait bays prohibited. (o ) - Popof Island: East and northpurposes. Commercial fishing for herr­ 206.15 Disposal of herring offal. coasts (1) within 2,500 feet of a point ing, except for bait purposes, is prohib­ S e c . 206.1 Definition, Aleutian Islands at 55 degrees 16 minutes north latitude, ited from 6 o’clock antemeridian of area. The Aleutian Islands area is here­ 160 degrees 19 minutes 40 seconds west Saturday of each week until 6 o’clock by defined to include all territorial coast­ longitude; (2) within 2,500 feet of a postmeridian of the Sunday following.* al and tributary waters of the Aleutian point at 55 degrees 18 minutes 36 seconds S e c . 205.24 Size of mesh, herring gill Islands westward of and including Uni­ north latitude, 160 degrees 18 minutes nets. Gill nets used in catching herring mak Pass.* 48 seconds west longitude; and (3) within shall not be of smaller mesh than 3 S e c . 206.2 Total aggregate length of 5,000 feet southwesterly from a point at inches stretched measure.* gill nets, salmon fishing boats. The total 55 degrees 21 minutes 54 seconds north S e c . 205.25 Traps prohibited, com­ aggregate length of gill nets on any latitude, 160 degrees 21 minutes 48 sec­ mercial herring fishing. Commercial salmon fishing boat or in use by such onds west longitude. fishing for herring, including bait fishing, boat shall not exceed 200 fathoms hung (p) Within 5,000 feet of a point on a by means of any trap is prohibited.* measure.* reef near Guillemot Island at 55 degrees S ec. 205.26 Seines prohibited, commer­ S e c . 206.3 Operation of stake and an­ 33 minutes 10 seconds north latitude, cial herring fishing except for bait pur­ chored gill nets. Stake and anchored gill 160 degrees 25 minutes 17 seconds west poses. Commercial fishing for herring, nets shall be operated in substantially a longitude. except for bait purposes, by means of any straight line.* (q) Korovin Island: East coast within seine is prohibited.* S ec. 206.4 Closed season, commercial 2,500 feet of a point at 55 degrees 24 S ec. 205.27 Size of purse seines, com­ salmon fishing. Commercial fishing for minutes 24 seconds north latitude, 160 mercial bait fishing for herring. Com­ salmon is prohibited during the remain­ degrees 8 minutes 57 seconds west longi­ mercial bait fishing for herring by means der of each calendar year after 6 o’clock tude. of any purse seine more than 1,400 postmeridian August 10, except that (r) Mainland coast (1) within 2,500 meshes in depth, more than 180 fathoms beach seines and gill nets may be used feet of a point at 55 degrees 36 minutes in length, or of mesh less than 1 y2 inches from September 5 to September 30, both 20 seconds north latitude, 159 degrees 36 stretched measure between knots is pro­ dates inclusive.* minutes 40 seconds west longitude, and hibited.* S e c . 206.5 Traps prohibited, salmon S ec. 205.28 Placing of obstructions in (2) within 2,500 feet of a point at 55 fishing. The use of any trap is pro­ herring bays prohibited. No one shall degrees 40 minutes 5 seconds north lati­ hibited.* tude, 159 degrees 32 minutes 11 seconds place, or cause to be placed, across the S e c . 206.6 Size of salmon purse seines. west longitude. entrance of any lagoon or bay any net or other device which will prevent the The use of any purse seine exceeding 100 S e c . 205.20 Waters closed to commer­ free passage at all times of herring in fathoms in length or 150 meshes in depth cial salmon fishing. All commercial and out of said lagoon or bay.* is prohibited. The extension to any seine in the way of leads exceeding 25 fathoms fishing for salmon is prohibited, as fol­ S e c . 205.29 Disposal of herring offal. lows: The dumping of offal and dead herring in length is prohibited.* (a) Within 1,000 yards outside the in the waters of any bay in which herring S e c . 206.7 Closed seasons, commercial mouths of Bear, Sandy, and Ocean spawn or where they are captured is pro­ herring fishing except for bait purposes. Rivers. hibited.* Commercial fishing for herring, except (b) Thin Point Lagoon, East Bay S e c . 205.30 Minimum size of razor for bait purposes, is prohibited in the pe­ (Long John Lagoon), Kinzaroff Lagoon, clams to be taken commercially. It is riod from January 1 to June 30, both Mortensen Lagoon, Swanson Lagoon, prohibited to take for commercial pur­ dates inclusive, and from November 1 Big Lagoon, and Middle or Lambsport poses any razor clam measuring less than to December 31, both dates inclusive.* Lagoon: All waters within the lagoons AVz inches in total length of shell. Pos­ S e c . 206.8 Closed season, commercial and their streams and within a distance session of any razor clam of less than herring fishing with seines except for of 500 yards outside the entrances to this length will be regarded as prima bait purposes. Commercial fishing for the lagoons. facie evidence of unlawful taking.* herring, except for bait purposes, by (c) Captain Harbor, tributary to Bel- S e c . 205.31 Protection of small razor means of any seine is prohibited except kofski Bay: All waters within the harbor. clams. Any razor clam measuring less in the period from July 15 to October (d) Volcano and Bear Bays: All than 4x/2 inches in total length of shell 31, both dates inclusive.* waters west of 162 degrees 1 minute shall be returned alive immediately to S ec. 206.9 Size of mesh, herring gill west longitude. the hole from which it was removed in nets. Gill nets used in catching herring (e) Canoe Bay, tributary to Pavlof the course of digging operations.* shall not be of smaller mesh than 3 inches Bay. PART 206. ALEUTIAN ISLANDS AREA FTSTTKRTfjg stretched measure.* (f) All waters of Orzinski (Orzenoi) Sec. S e c . 206.10 Traps prohibited, commer­ Bay. 206.1 Definition, Aleutian Islands area. cial herring fishing. Commercial fishing (g) All waters of Balboa Bay north of 206.2 Total aggregate length of gill nets, for herring, including bait fishing, by a line extending due west from Low salmon fishing boats. means of any trap is prohibited.* Point.* 206.3 Operation of stake and anchored giU nets. S e c . 206.11 Waters closed to commer­ S e c . 205.21 Closed seasons, commer­ 206.4 Closed season, commercial salmon fish­ cial herring fishing with seines except cial herring fishing except for hait pur­ ing. for bait purposes. Commercial fishing 206.5 Traps prohibited, salmon fishing. poses. Commercial fishing for herring, 206.6 Size of salmon purse seines. for herring, except for bait purposes, by except for bait purposes, is prohibited 206.7 Closed seasons, commercial herring means of any seine is prohibited west of in the period from January 1 to June fishing except for bait purposes. 166 degrees west longitude.* 206A Closed season, commercial herring 30, both dates inclusive, and from De­ fishing with seines. S e c . 206.12 Size of purse seines, com­ cember 1 to December 31, both dates 206.9 Size of mesh, herring gill nets. mercial herring fishing. Commercial inclusive.* 206.10 Traps prohibited, commercial herring fishing for herring, including bait fish­ fishing. S e c . 205.22 Waters closed to commer­ 206.11 Waters closed to commercial herring ing, by means of any purse seine more cial herring fishing. During the period fishing with seines except for bait than 1,400 meshes in depth, more than from June 1 to October 1, both dates purposes. 180 fathoms in length, or of mesh less 914 FEDERAL REGISTER, Wednesday, February 15, 1939

than V/2 inches stretched measure be­ S e c . 207.3 Total aggregate length of grees 17 minutes 30 seconds north lati­ tween knots is prohibited.* gill nets, salmon fishing boats. The total tude, 158 degrees 33 minutes 52 seconds S e c . 206.13 Waters closed to commer­ aggregate length of gill nets on any west longitude.* cial bait fishing for herring with seines. salmon fishing boat, or in use by such Sec. 207.12 Commercial take of Chig­ Commercial bait fishing for herring by boat, shall not exceed 100 fathoms hung nik River salmon regulated by weir means of any seine in Unalaska Bay and measure. * count. The take of salmon within waters tributary waters south of 54 degrees Sec. 207.4 Length of set or anchored in which the runs are tributary to the north latitude is prohibited.* gill nets. No set or anchored gill net Chignik River shall not exceed 50 per­ S e c . 206.14 Placing of obstructions in shall exceed 75 fathoms in length meas­ cent of the total run as determined at herring bays prohibited. No one shall ured on the cork line.* the weir in Chignik River operated by place, or cause to be placed, across the Sec. 207.5 Operation of set or an­ the Bureau of Fisheries.* (Sec. 2, 43 entrance of any lagoon or bay any net chored giU nets. Set or anchored gill Stat. 465; 48 U. S. C. 225) or other device which will prevent the nets shall be operated in substantially a S e c . 207.13 Closed seasons, commer­ free passage at all times of herring in straight line: Provided, That not to ex­ cial salmon fishing. Commercial fishing and out of said lagoon or bay.* ceed 30 yards of each net may be used as for salmon is prohibited prior to 6 o’clock S e c . 206.15 Disposal of herring offal. a hook. Only one such hook is per­ antemeridian June 1 and after 6 o’clock The dumping of offal and dead herring mitted on a net.* postmeridian October 1 in each year.* in the waters of any bay in which S e c . 207.6 Motor-propelled salmon gill S e c . 207.14 Waters closed to commer­ herring spawn or where they are cap­ net boats prohibited. The use of motor- cial salmon fishing: Unavikshak, Nak­ tured is prohibited.* propelled gill-net boats in catching chamik, and Chanklvit Islands. Com­ salmon is prohibited.* PART 207. CHIGNIK AREA FISHERIES mercial fishing for salmon is prohibited S e c . 207.7 Minimum distance between in the waters surrounding Unavikshak, Çec. units of fishing gear. The distance by Nakchamik, and Chankluit Islands.* 207.1 Definition, Chignik area. most direct water measurement from 207.2 Purse seines prohibited, commercial S e c . 207.15 Minimum distance be­ salmon fishing. any part of one set, anchored, or drift tween traps. The distance by most di­ 207.3 Total aggregate length of gill nets, gill net or seine to any part of another rect water measurement from any part salmon fishing boats. set, anchored, or drift gill net or seine, of one trap to any part of another trap 207.4 Length of set or anchored gill nets. 207.5 Operation of set or anchored gill nets. or to any part of any trap, shall not be shall not be less than 1 statute mile, ex­ 207.6 Motor-propelled salmon gill net boats less than 600 feet.* cept in Chignik Lagoon, where there prohibited. S e c . 207.8 Removal from water of set shall be a distance interval of not less 207.7 Minimum distance between units of or anchored gill nets during closed pe­ fishing gear. than 10 statute miles laterally between 207.8 Removal from water of set or an­ riods. All set or anchored gill nets shall any two traps on the north shore or on chored gill nets during closed be removed from the water throughout the south shore of Chignik Lagoon. periods. the weekly closed periods extending from Chignik Island shall be considered as a 207.9 Salmon fishing boats limited to one seine. 6 o’clock postmeridian of Saturday of part of the south shore of the lagoon.* 207.10 Size of beach seines. each week to 6 o’clock antemeridian of S e c . 207.16 Areas open to salmon 207.11 Waters closed to commercial salmon the Monday following.* (Sec. 5, 43 Stat. traps. The use of any trap for the cap­ fishing, Chignik Lagoon. 466; 48 U. S. C. 234) 207.12 Commercial take of Chignik River ture of salmon is prohibited except as salmon regulated by weir count. S e c . 207.9 Salmon fishing boats lim­ follows: 207.13 Closed season, commercial salmon ited to one seine. No salmon fishing (a) Along the coast of Chignik Lagoon fishing. boat shall carry or operate more than 207.14 Waters closed to commercial salmon within 2,500 feet from the outer extrem­ fishing : Unavikshak, Nakchamik, one beach seine of any description, and ity of Hume Point. and Chankliut Islands. no additional net of any kind shall be (b) Along the coast of Chignik Island 207.15 Minimum distance between traps. carried on such boat. The carrying of within 2,500 feet from a point at 56 207.16 Areas open to salmon traps. any additional seine or net of any kind 207.17 Closed seasons, commercial herring degrees 17 minutes 30 seconds north lat­ fishing except for bait purposes. on a boat towed by any salmon fishing itude, 158 degrees 35 minutes 38 seconds 207.18 Waters closed to commercial herring boat is prohibited.* fishing. west longitude. 201.19 Weekly closed period, commercial her­ S e c . 207.10 Size of beach seines. No (c) Along the east side of the spit at ring fishing. beach seine shall be less than 50 fathoms the entrance to Chignik Lagoon from 207.20 Size of mesh, herring gill nets. or more than 100 fathoms in length 207.21 Traps prohibited, commercial herring the southern extremity of the spit fishing. measured on the cork line. No beach northwesterly for a distance of 5,000 207.22 Purse seines prohibited, commercial seine shall be less than 100 meshes or feet. herring fishing except for bait pur­ more than 200 meshes in depth. For poses. (d) Along the coast on the east side 207.23 Size of beach seines, commercial her­ the purpose of determining depths of of Anchorage Bay within 2,500 feet from ring fishing. seines, measurements will be upon the a point at 56 degrees 19 minutes 17 sec­ 207.24 Size of purse seines, commercial her­ basis of 3 Yz inches stretched measure onds north latitude, 158 degrees 21 min­ ring bait fishing. between knots.* 207.25 Placing of obstructions in herring utes 12 seconds west longitude. bays prohibited. S ec. 207.11 Waters closed to com­ (e) Along the east side of the spit on 207.26 Disposal of herring offal. mercial salmon fishing, Chignik Lagoon. the west side of Lake Bay from the 207.27 Minimum size of razor clams to be All commercial fishing for salmon is pro­ taken commercially. northern extremity of the spit at 56 de­ 207.28 Protection of small razor clams. hibited in Chignik Lagoon within a line grees 18 minutes 53 seconds north lati­ from a point on the mainland at 56 de­ tude to a point at 56 degrees 18 minutes S e c . 207.1 Definition, Chignik area. grees 17 minutes 26 seconds north lati­ 22 seconds north latitude, 158 degrees 16 The Chignik area is hereby defined to tude, 158 degrees 37 minutes 48 seconds minutes 41 seconds west longitude. include the territorial coastal and tribu­ west longitude to a point on the west (f) Along the coast on the west side tary waters of Alaska along the main­ side of Chignik Island at 56 degrees 17 of Hook Bay within 2,500 feet from a land shore from Castle Cape (Tuliumnit minutes 15 seconds north latitude, 158 point at 56 degrees 30 minutes 54 sec­ Point) to Cape Kunmik. The waters of degrees 36 minutes 24 seconds west onds north latitude, 158 degrees 9 min­ Chankliut, Sutwik, and all other adja­ longitude, thence to a point on the north utes 12 seconds west longitude. cent islands are included.* shore of Chignik Island at 56 degrees 17 (g) Along the coast on the west side S ec. 207.2 Purse seines prohibited, minutes 33 seconds north latitude, 158 of Aniakchak Bay beginning at a point commercial salmon fishing. Commercial degrees 34 minutes 54 seconds west on the coast 8,000 feet southeasterly of fishing for salmon by means of any purse longitude, thence to Rocky Point on the the mouth of the lagoon and extending seine is prohibited.* east side of Chignik Lagoon at 56 de­ southeasterly for a distance of 5,000 feet. FEDERAL REGISTER, Wednesday, February 15, 1939 915

(h) Along the south side of Anlakchakthan 4% inches in total length of shell in the way of leads exceeding 25 fathoms Bay within 2,500 feet from a point at 56 shall be returned alive immediately to in length is prohibited.* degrees 39 minutes 18 seconds north Ihe hole from which it was removed in S e c . 208.3 Maximum length of salm­ latitude, 157 degrees 28 minutes west the course of digging operations.* on purse seme boats. No boat used in longitude.* operating any purse seine shall be longer PART 208. KODIAK AREA FISHERIES than 50 feet, as shown by official register S ec. 207.17 Closed seasons, commer­ cial herring fishing except for hait pur­ Sec. length.* 208.1 Definition, Kodiak area. poses. Commercial fishing for herring, S e c . 208.4 Size of mesh of beach 208.2 Size of purse seines, commercial seines, commercial salmon fishing. except for bait purposes, is prohibited in salmon fishing. the period from January 1 to June 30, 208.3 Maximum length of salmon purse Commercial fishing for salmon by means both dates inclusive, and from December seine boats. of any beach seine with mesh smaller 208.4 Size of mesh of beach seines, commer­ than 3 inches stretched measure between 1 to December 31, both dates inclusive.* cial salmon fishing. S e c . 207.18 Waters closed to commer­ 208.5 Operation of beach seines. knots or with mesh larger than 3 x/2 cial herring fishing. During the period 208.6 Total aggregate length of gill nets, inches stretched measure between knots salmon fishing boats. is prohibited.* from June 1 to October 1, both dates in­ 208.7 Size and operation of set or anchored S ec. 208.5 Operation of beach seines. clusive, commercial fishing for herring, gill nets. including bait fishing, is prohibited in all 208.8 Minimum distance between units of Beach seines shall be set from the beach waters closed throughout the year to fishing gear. only. No beach seine shall be set as a 208.9 Removal from water of set or an­ salmon fishing.* trap or as a lead and left without rea­ chored gill nets during closed sonably prompt completion of the sein­ S e c . 207.19 Weekly closed period, com­ periods. mercial herring fishing. Commercial 208.10 Marking of powered salmon fishing ing operation.* fishing for herring, except for bait pur­ boats. S e c . 208.6 Total aggregate length of 208.11 Salmon fishing boats limited to one gill nets, salmon fishing boats. The poses, is prohibited from 6 o’clock ante­ seine. meridian of Saturday of each week until 208.12 Closed seasons, commercial salmon total aggregate length of gill nets on 6 o’clock postmeridian of the Sunday fol­ fishing. any salmon fishing boat, or in use by 208.13 Closed seasons, commercial salmon lowing.* such boat, shall not exceed 150 fathoms fishing, Alitak Bay. hung measure. * S e c . 207.20 Size of mesh, herring gill 208.14 Commercial salmon fishing is pro­ nets. Gill nets used in catching herring hibited in Olga and Moser Bays, S e c . 208.7 Size and operation of set shall not be of smaller mesh than 3 except by gill nets in limited area. or anchored gill nets. No set or an­ 208.15 Take of Olga Bay red salmon regu­ chored gill net shall exceed 300 yards in inches stretched measure.* lated my weir count. S e c . 207.21 Traps prohibited, commer­ 208.16 Take of red salmon between Cape Ali­ length, and each shall be set in sub­ cial herring fishing. Commercial fish­ tak and Cape Karluk regulated by stantially a straight line: Provided, That weir count. not to exceed 50 yards of each net may ing for herring, including bait fishing, by 208.17 Take of Karluk red salmon regulated means of any trap is prohibited.* by weir count. be used as a hook. Only one such hook S e c . 207.22 Purse seines prohibited, 208.18 Fishing gear restricted, Cape Karluk is permitted on a net. No wire netting to Rocky Point. or other device that impedes or obstructs commercial herring fishing except for 208.19 Fishing gear restricted, Cape Karluk bait purposes. Commercial fishing for to Cape Uyak. free passage of fish shall be used in con­ herring, except for bait purposes, by 208.20 Fishing gear restricted, Cape Karluk nection with the operation of any set or means of any purse seine is prohibited.* to Cape Alitak. anchored gill net except that seine web­ 208.21 Kodiak area partially closed to com­ bing may be used on the shore end and S ec. 207.23 Size of beach seines, com­ mercial salmon fishing, August 15 mercial herring fishing. Commercial to August 31. between the lines of high and low water.* fishing for herring, including bait fish­ 208.22 Minimum distance between traps. S e c . 208.8 Minimum distance betioeen ing, by means of any beach seine more 208.23 Areas open to salmon traps. units of fishing gear. The distance by 208.24 Waters closed to commercial salmon than 50 fathoms in length is prohibited.* fishing. most direct water measurement from any S e c . 207.24 Size of purse seines, com­ 208.25 Closed season, commercial herring part of one set or anchored gill net to mercial herring bait fishing. Commer­ fishing except for bait purposes. any part of another set or anchored gill 208.26 Closed season, commercial herring net or to any part of any trap shall not cial fishing for herring for bait purposes fishing except by gill nets or for by means of any purse seine more than bait purposes. be less than 900 feet.* 1,400 meshes in depth, more than 180 208.27 Waters closed to commercial herring S e c . 208.9 Removal from water of set fathoms in length, or of mesh less than fishing. 208.28 Size of mesh, herring gill nets. or anchored gill nets during closed pe­ l l/z inches stretched measure between 208.29 Traps prohibited, commercial herring riods. All set or anchored gill nets shall knots is prohibited.* fishing. be removed from the water throughout 20830 Size of purse seines, commercial S e c . 207.25 Placing of obstructions in all closed periods, including the weekly herring fishing. herring bays prohibited. No one shall 208.31 Placing of obstructions in herring closed periods extending from 6 o’clock place, or cause to be placed, across the bays prohibited. postmeridian of Saturday of each week entrance of any lagoon or bay any net 208.32 Disposal of herring offal. to 6 o’clock antemeridian of the Monday 208.33 Minimum size of razor clams to be or other device which will prevent the taken commercially. following.* (Sec. 5, 43 Stat. 466; 48 free passage at all times of herring in 208.34 Protection of small razor clams. U. S. C. 234) and out of said lagoon or bay.* 208.35 Maximum take of razor clams, Cape S e c . 208.10 Marking of powered salm­ Kuliak to Cape Douglas. S e c . 207.26 Disposal of herring offal. on fishing boats. Each powered salm­ The dumping of offal and dead herring S e c . 208.1 Definition, Kodiak area. on fishing boat in operation shall be in the waters of any bay in which her­ The Kodiak area is hereby defined to in­ legibly and plainly marked with the ini­ ring spawn or where they are captured clude the waters of the mainland shore tials or symbol of the person, company, is prohibited.* extending from Cape Douglas southwest- or corporation owning, operating, or S e c . 207.27 Minimum size of razor ward to Cape Kunmik and the territorial using same, together with a distinctive clams to be taken commercially. It is coastal and tributary waters of Alaska number which shall identify each par­ prohibited to take for commercial pur­ surrounding Kodiak, Afognak, and adja­ ticular boat, said letters, symbols, and poses any razor clam measuring less cent islands, including Chirikof Island numbers to be not less than 8 inches in than 4 y2 inches in total length of shell. and the Semidi Islands.* length.* Possession of any razor clam of less than S e c . 208.2 Size of purse seines, com­ S e c . 208.11 Salmon fishing boats lim­ this length will be regarded as prima mercial salmon fishing. Commercial ited to one seine. No salmon fishing boat facie evidence of unlawful taking.* fishing for salmon by means of any purse shall carry or operate more than one S e c . 207.28 Protection of small razor seine more than 125 fathoms in length is seine of any description, and no addi­ clams. Any razor clam measuring less prohibited. The extension to any seine tional net of any kind shall be carried on No. 81-----3 916 FEDERAL REGISTER, Wednesday, February 15, 1939 such boat. The carrying of any addi­ meridian Monday of each week, and ex­ utes 30 seconds north latitude, 153 de­ tional seine or net of any kind on a boat cept in the period from 6 o’clock ante­ grees 15 minutes 17 seconds west longi­ towed by any salmon fishing boat is pro­ meridian July 24 to 6 o’clock postme­ tude. hibited.* ridian August 5.* (Sec. 2, 43 Stat. 465; (e) Uganik Island: Within 2,500 feet S e c . 208.12 Closed seasons, commer­ 48 U. S. C. 225) of a point on the east coast of Uganik cial salmon fishing. Commercial fishing Sec. 208.18 Fishing gear restricted, Island at 57 degrees 56 minutes north for salmon is prohibited prior to 6 o’clock Cape Karluk to Rocky Point. All com­ latitude, 153 degrees 23 minutes 11 sec­ antemeridian June 1 and for the re­ mercial fishing for salmon in the waters onds west longitude. mainder of each calendar year after 6 between Cape Karluk and Rocky Point (f) Uganik Island: Within 2,500 feet o’clock postmeridian September 30.* is prohibited in the period from 6 o’clock of a point on the north coast of Uganik Sec. 208.13 Closed seasons, commer­ antemeridian July 24 to 6 o’clock post­ Island at 57 degrees 57 minutes 45 sec­ cial salmon fishing, AUtak Bay. Com­ meridian August 5.* onds north latitude, 153 degrees 30 min­ mercial fishing for salmon in Alitak Bay S e c . 208.19 Fishing gear restricted, utes west longitude. and all its branches within a line from Cape Karluk to Cape Uyak. Commer­ (g) Uganik Island: West coast from a Cape Trinity to Cape Alitak prior to 6 cial fishing for salmon between Cape point at 153 degrees 27 minutes west o’clock antemeridian June 15 and after Karluk and Cape Uyak except by beach longitude to a point at 57 degrees 54 6 o’clock postmeridian August 15 in each seines and purse seines is prohibited.* minutes 20 seconds north latitude, 153 year is prohibited.* S e c . 208.20 Fishing gear restricted, degrees 30 minutes 30 seconds west longi­ Sec. 208.14 Commercial salmon fish­ Cape Karluk to Cape Alitak. Commer­ tude. ing is prohibited in Olga and Moser Bays, cial fishing for salmon between Cape (h) Kodiak Island: Within 2,500 feet except by gill nets in a limited area. All Karluk and Cape Alitak except by purse of a point on the west side of Uganik commercial fishing for salmon is pro­ seines and gill nets is prohibited.* Bay at 57 degrees 50 minutes 45 seconds hibited (a) in Olga Bay except by set S e c . 208.21 Kodiak area partially north latitude, 153 degrees 38 minutes or anchored gill nets along the southern closed to commercial salmon fishing, west longitude. shore from a point at 57 degrees 4 min­ August 15 to August 31. Commercial (i) Kodiak Island: Within 5,000 feet utes 36 seconds north latitude, 154 de­ fishing for salmon is prohibited from easterly of a point on Cape Ugat at 57 grees 20 minutes west longitude, to a August 15 to August 31, both dates in­ degrees 52 minutes 5 seconds north lati­ point at 57 degrees 4 minutes 12 seconds clusive: Provided, That this prohibition tude, 153 degrees 51 minutes 9 seconds north latitude, 154 degrees 7 minutes 3 shall not apply (1) to all gear on the west longitude. seconds west longitude, and along the west coast of Kodiak Island from Cape (j) Kodiak Island, near entrance to eastern shore from a point at 57 degrees Alitak to Cape Karluk, (2 ) to beach Uyak Bay: Along the coast (1) within 4 minutes 12 seconds north latitude, 154 seines and purse seines on the north coast 2,500 feet of a point at 57 degrees 44 degrees 5 minutes 27 seconds west longi­ of Kodiak Island from Cape Karluk to minutes 35 seconds north latitude, 153 tude, to a point at 57 degrees 7 minutes Cape Uyak, (3 ) to set gill nets on the degrees 56 minutes 30 seconds west lon­ 9 seconds north latitude, 154 degrees 5 north coast of Kodiak Island from Cape gitude, and (2) within 5,000 feet easterly minutes 6 seconds west longitude, exclu­ Uyak to West Point, and (4) to traps on of a point at 57 degrees 41 minutes 48 sive of all waters within V2 statute mile the west coast of Kodiak Island from seconds north latitude, 153 degrees 54 of the mouth of any salmon stream; and Cape Uyak to Uyak Post Office, and from minutes 45 seconds west longitude. (b) in Moser Bay except by set or an­ Chief Point to Broken Point.* (k) Kodiak Island: Along the coast (1) chored gill nets south of 57 degrees north S e c . 208.22 Minimum distance be­ within 2,500 feet of a point at 57 degrees latitude.* tween traps. The distance by most di­ 38 minutes 51 seconds north latitude, 153 S e c . 208.15 Take of Olga Bay red rect water measurement from any part degrees 52 minutes 12 seconds west lon­ salmon regulated by weir count. The of one trap to any part of another trap, gitude, and (2) within 2,300 feet of a take of red salmon within waters in except in those waters of Alitak Bay in point at 57 degrees 37 minutes 6 seconds which the runs are tributary to Olga which the runs are tributary to streams north latitude, 153 degrees 52 minutes 12 Bay shall not exceed 50 percent of the where counting weirs are maintained, seconds west longitude. total run as determined at the weirs on shall not be less than 1 statute mile.* (l) Kodiak Island: Within 2,500 feet tributary waters of Olga Bay operated S e c . 208.23 Areas open to salmon of a point on the east side of Uyak Bay by the Bureau of Fisheries.* (Sec. 2, traps. The use of any trap for the cap­ at 57 degrees 35 minutes 40 seconds 43 Stat. 465; 48 U. S. C. 225) ture of salmon is prohibited, except as north latitude, 153 degrees 49 minutes 30 follows: S e c . 208.16 Take of red salmon be­ seconds west longitude. tween Cape Alitak and Cape Karluk (a) Raspberry Island: From a point (m) Kodiak Island: Within 2,500 feet regulated by weir count. The take of on the north coast at 58 degrees 8 min­ of a point northwest of Cape Uyak at 57 red salmon in waters extending from utes 45 seconds north latitude, 153 de­ degrees 38 minutes 6 seconds north lati­ Cape Alitak to Cape Karluk shall not grees 15 minutes west longitude, west­ tude, 154 degrees 20 minutes 3 seconds exceed 50 percent of the total rim as ward to a point at 58 degrees 9 minutes west longitude. determined at the weir in Red River 10 seconds north latitude, 153 degrees 17 (n) Kodiak Island: Coast along east operated by the Bureau of Fisheries.* minutes 30 seconds west longitude. side of Alitak Bay within 800 feet of a (Sec. 2, 43 Stat. 465; 48 U. S. C. 225) (b) Raspberry Island: From Rasp­ point at 56 degrees 52 minutes 12 seconds S e c . 208.17 Take of Karluk red salm­ berry Cape at 58 degrees 3 minutes 25 north latitude, 154 degrees 0 minutes 6 on regulated by weir count. The take seconds north latitude, 153 degrees 25 seconds west longitude. of red salmon in Karluk waters, extend­ minutes 30 seconds west longitude, (0) Kodiak Island: Coast along east ing from Cape Karluk to Broken Point, northeast to a point at 58 degrees 5 min­ side of Deadman Bay within 800 feet of shall not exceed 50 percent of the total utes 10 seconds north latitude, 153 de­ a point at 56 degrees 57 minutes 35 sec­ rim as determined at the weir in Karluk grees 23 minutes west longitude. onds north latitude, 153 degrees 58 min­ River operated by the Bureau of Fish­ (c) Raspberry Island: Within 2,500 utes 33 seconds west longitude. eries: Provided, That beach seines not to feet of a point on the south coast of (p) Kodiak Island: Coast along west exceed 200 fathoms in length, hung Raspberry Island at 58 degrees 2 min­ side of Alitak Bay within 800 feet of a measure, shall be permitted to fish be­ utes 43 seconds north latitude, 153 de­ point at 57 degrees 0 minutes 39 seconds tween Cape Karluk and Cape Uyak, ex­ grees 18 minutes 54 seconds west longi­ north latitude, 154 degrees 2 minutes 12 cept within 1,000 yards of the Karluk tude. seconds west longitude. River, at any time except during the (d) Raspberry Island: Within 2,500 (q) Kodiak Island: Coast along west weekly closed period from 6 o’clock post­ feet of a point on the south coast of side of Alitak Bay within 800 feet of a meridian Saturday to 6 o’clock ante­ Raspberry Island at 58 degrees 2 min­ point at 56 degrees 57 minutes 55 sec- FEDERAL REGISTER, Wednesday, February 15, 1939 917 onds north latitude, 154 degrees 5 min­ statute mile northeast of Old Harbor, lands from Cape Kuliak to Cape Douglas, utes 28 seconds west longitude. Sitkalidak Strait. there shall not be taken in any calendar (r) Kodiak Island: Coast along west (n) All bays of Afognak Island: All year a total of more than 500,000 pounds side of Alitak Bay, near Bun Point, waters of the bays within lines indicated of razor clams, including shells, or 12,500 within 800 feet of a point at 56 degrees by markers erected for the purpose. cases upon the basis of 48 one-half 58 minutes 3 seconds north latitude, 154 (o) Kaflia Bay, on north shore of pound cans per case.* degrees 6 minutes 15 seconds west longi­ Shelikof Strait: All waters within 1 stat­ tude. ute mile outside of the entrance of the PART 209. COOK INLET AREA FISHERIES (s) Miller Island, Alitak Bay: Within outer lagoon.* Sec. 2,500 feet of a point on the eastern ex­ S e c . 208.25 Closed season, commer­ 209.1 Definition, Cook Inlet area. tremity of Miller Island at 56 degrees 57 209.2 Open seasons, commercial salmon cial herring fishing except for bait pur­ fishing. minutes 15 seconds north latitude, 154 poses. Commercial fishing for herring, 209.3 Commercial salmon fishing prohibited degrees 7 minutes 37 seconds west longi­ except for bait purposes, is prohibited in small bays. tude. during the period from January 1 to 209.4 Purse seines prohibited, salmon fish­ ing. (t) Afognak Island: Along the coast June 14, both dates inclusive.* 209.5 Minimum distance between traps. (1) within 2,500 feet of a point at 58 S e c . 208.26 Closed season, commer­ 209.6 Construction of hand traps. degrees 12 minutes 4 seconds north lati­ cial herring fishing, except by gill nets 209.7 Total aggregate length of gill nets, tude, 153 degrees 7 minutes 40 seconds Commercial fish­ salmon fishing boats. or for bait purposes. 209.8 Marking of salmon gill nets. west longitude, and (2) within 2,500 feet ing for herring, except for bait purposes, 209.9 Length of set or anchored gill nets. of a point on the south side of Para- is prohibited from October 16 to Decem­ 209.10 Operation of stake and set or an­ manof Bay at 58 degrees 18 minutes ber 31, both dates inclusive: Provided, chored gill nets. 209.11 Minimum distance between units of north latitude, 153 degrees 2 minutes 23 That this prohibition shall not apply to fishing gear. seconds west longitude.* the use of gill nets.* 209.12 Removal from water of set or an­ S ec. 208.27 Waters closed to com­ chored gill nets during closed S e c . 208.24 Waters closed to commer­ mercial herring fishing. During the per­ periods. cial salmon, fishing. All commercial fish­ 209.13 Salmon fishing boats limited to one ing for salmon is prohibited as follows: nod from July 15 to October 1, both seine. dates inclusive, commercial fishing for 209.14 Size of beach seines. (a) Portage Bay, tributary to Alitak herring, including bait fishing, is pro­ 209.15 Areas open to salmon traps. Bay: All waters of lagoon at head of 209.16 Waters closed to commercial salmon hibited in all waters closed throughout fishing. southeast arm inside of markers placed the year to salmon fishing.* 209.17 Closed seasons, commercial herring at entrance, and all waters in the north­ S ec. 208.28 Size of mesh, herring gill fishing, except by gill nets or for east arm within a line from a marker on nets. Gill nets used in catching herring bait purposes. 209.18 Waters closed to commercial herring the north shore 1 statute mile from the shall not be of smaller mesh than 2% fishing. stream in the northeast comer of the inches stretched measure.* 209.19 Commercial herring fishing in Halibut bay to a marker on the opposite shore. S ec. 208.29 Traps prohibited, com­ Cove and vicinity limited to gill (b) Deadman Bay, tributary to Alitak nets. mercial herring fishing. Commercial 209.20 Commercial herring fishing in Halibut Bay: All waters of Deadman Bay within fishing for herring, including bait fish­ Cove Lagoon limited to set gill nets; 1 statute mile of the head of the bay. ing, by means of any trap is prohibited.* size and operation of set nets. 209.21 Operation of herring nets, Halibut (c) Western shore of Kodiak Island: S e c . 208.30 Size of purse seines, com­ Cove Lagoon. All waters within 1 statute mile of the mercial herring fishing. Commercial 209.22 Herring pounds prohibited, Halibut mouth of Bed River. fishing for herring, including bait fish­ Cove and Lagoon. (d) Karluk River: All waters within ing, by means of any purse seine more 209.23 Herring purse seines prohibited, Karluk River and within 100 yards of its Kachemak Bay vicinity. than 1,400 meshes in depth, more than 209.24 Size of mesh, herring gill nets. mouth where it breaks through Karluk 180 fathoms in length, or of mesh less 209.25 Traps prohibited, commercial herring Spit into Shelikof Strait. than 1 % inches stretched measure be­ fishing. (e) Uyak Bay: All waters of the bay tween knots is prohibited.* 209.26 Size of purse seines, commercial her­ ring fishing. south of 57 degrees 19 minutes north lati­ S e c . 208.31 Placing of obstructions in 209.27 Placing of obstructions in herring tude. herring bays prohibited. No one shall bays prohibited. (f) Zachar Bay, tributary to Uyak place, or cause to be placed, across the 209.28 Disposal of herring offal. Bay: All waters of Zachar Bay east of 209.29 M inim um size of razor clams to be entrance of any lagoon or bay any net taken commercially. 153 degrees 46 minutes west longitude. or other device which will prevent the 209.30 Protection of small razor clams. (g) Spiridon Bay (or northeast arm free passage at all times of herring in 209.31 Closed seasons, commercial taking of of Uyak B a y ): All waters of Spiridon and out of said lagoon or bay.* razor dams, Cape Douglas to North Foreland. Bay east of 153 degrees 42 minutes west S e c . 208.32 Disposal of herring offal. 209.32 Closed seasons, commercial taking of longitude. The dumping of offal and dead herring razor clams, Anchor Point to Point (h) East Arm, Uganik Bay, Kodiak in the waters of any bay in which her­ Possession. Island: All waters within the arm south ring spawn or where they are captured 209.33 Protection of female crabs and small male crabs. of a line extending from Mink Point is prohibited.* northeasterly to a point on the northeast S e c . 208.33 Minimum size of razor S e c . 209.1 Definition, Cook Inlet area. shore at 57 degrees 43 minutes 20 sec­ clams to be taken commercially. It is The Cook Inlet area is hereby defined to onds north latitude. prohibited to take for commercial pur­ include Cook Inlet, its tributary waters, (i) Terror Bay: All waters within the poses any razor clams measuring less and all adjoining waters north of Cape bay south of 57 degrees 44 minutes north than 4^/2 inches in total length of shell. Douglas and west of Point Gore. The latitude. Possession of any razor clam of less than Barren Islands are included within this (j) Pasagshak Bay, at entrance to this length will be regarded as prima area.* Ugak Bay: All waters within the bay. facie evidence of unlawful taking.* S e c . 209.2 Open seasons, commercial (k) Ugak Bay: All waters within the S ec. 208.34 Protection of small razor salmon fishing. Between 60 degrees 22 bay west of 152 degrees 49 minutes west clams. Any razor clam measuring less minutes 23 seconds north latitude and longitude. than 4Vz inches in total length of shell the latitude of Anchor Point, including (l) Kiliuda Bay: All waters of the bay shall be returned alive immediately to all the waters within 2,500 feet from the west of 153 degrees 7 minutes west longi­ the hole from which it was removed in shore line at mean low tide of Kalgin tude. the course of digging operations.* Island; commercial fishing for salmon is (m) Old Harbor, Sitkalidak Strait: S e c . 208.35 Maximum take of razor prohibited prior to 6 o’clock antemeridian All waters within 1 statute mile of the clams. Cape Kvliak to Cape Douglas. May 25 and after 6 o’clock postmeridian mouth of the stream approximately 1 Along the mainland coast and nearby is­ August 4 in each year. South of the 918 FEDERAL REGISTER, Wednesday, February 15, 1939 latitude of Anchor Point, except in Chi- net to any part of another set or an­ 54 minutes 48 seconds west longitude; nik Inlet in Kamishak Bay, commercial chored gill net shall not be less than 600 and (3) within 1,000 feet of a point at fishing for salmon is prohibited prior to feet. The distance by most direct water 60 degrees 29 minutes 54 seconds north 6 o’clock antemeridian May 25 and after measurement from any part of any set latitude, 151 degrees 53 minutes 30 sec­ 6 o’clock postmeridian August 8 in each or anchored gill net to any part of any onds west longitude. year: Provided, That this prohibition trap shall not be less than 1,000 feet.* (d> Along the east coast of Kalgin shall not apply to the use of beach seines S e c . 209.12 Removal from water of Island within 300 feet of a point at 60 from 6 o’clock antemeridian August 22 set or anchored gill nets during closed degrees 26 minutes 38 seconds north lati­ to 6 o’clock postmeridian September 10. periods. All set or anchored gill nets tude, 151 degrees 53 minutes 33 seconds In Chinik Inlet in Kamishak Bay com­ shall be removed from the water through­ west longitude. mercial fishing for salmon is prohibited out the weekly closed periods extending (e) Along the west coast of Kalgin prior to July 9 and after 6 o’clock post­ from 6 o’clock postmeridian of Saturday Island within 1,000 feet of a point at 60 meridian August 1 in each year. North of each week to 6 o’clock antemeridian degrees 21 minutes 38 seconds north lat­ of 60 degrees 22 minutes 23 seconds north of the Monday following.* (Sec. 5, 43 itude, 152 degrees 3 minutes west longi­ latitude, exclusive of the waters adja­ Stat. 466; 48 U. S. C. 234) tude. cent to Kalgin Island as provided herein, S e c . 209.13 Salmon fishing boats lim­ (f) Along the mainland coast on the commercial fishing for salmon is pro­ ited to one seine. No salmon fishing boat east side of Cook Inlet (1) within 1,000 hibited prior to 6 o’clock antemeridian shall carry or operate more than one feet of a point at 61 degrees 1 minute 30 June 25 and after 6 o’clock postmeridian seine of any description, and no addi­ seconds north latitude, 150 degrees 25 August 4 in each year: Provided, That tional net of any kind shall be carried minutes 30 seconds west longitude; (2) this prohibition shall not apply to the on such boat. The carrying of any ad­ within 1,000 feet of a point at 61 degrees use of gear of a mesh not less than 8 V2 ditional seine or net of any kind on a 0 minutes 50 seconds north latitude, 150 inches stretched measure between knots boat towed by any salmon fishing boat is degrees 27 minutes 35 seconds west longi­ after 6 o’clock antemeridian May 25.* prohibited.* tude; (3) within 1,000 feet of a point at S e c . 209.3 Commercial salmon fishing S e c . 209.14 Size of beach seines. No 60 degrees 59 minutes 42 seconds north prohibited in small bays. Commercial beach seine shall be less than 123 meshes latitude, 150 degrees 32 minutes west fishing for salmon in any bay, estuary, in depth or less than 90 fathoms in length longitude; (4) within 1,000 feet of a slough, or lagoon less than 300 feet in measured on the cork line. For the pur­ point at 60 degrees 59 minutes north lat­ width at mean low tide is prohibited.* pose of determining the depths of seines itude, 150 degrees 34 minutes 48 seconds S e c . 209.4 Purse seines prohibited, measurements will be upon the basis of west longitude; (5) within 1,000 feet of salmon fishing. The use of purse seines 3 V2 inches stretched measure between a point at 60 degrees 57 minutes 40 sec­ for the capture of salmon is prohibited.* knots.* onds north latitude, 150 degrees 39 min­ S e c . 209.5 Minimum distance between S e c . 209.15 Areas open to salmon utes west longitude; (6) within 1,000 feet traps. The distance by most direct traps. The use of any trap for the cap­ of a point at 60 degrees 56 minutes 30 water measurement from any part of ture of salmon is prohibited, except as seconds north latitude, 150 degrees 42 one trap to any part of another trap follows: minutes 20 seconds west longitude; and shall not be less than 2,500 feet.* (a) Along the mainland coast on the (7) within 1,200 feet of a point at 60 S e c . 209.6 Construction of hand traps. west side of Cook Inlet (1) within 500 degrees 55 minutes 22 seconds north lat­ Twenty-five feet of the heart walls next feet of a point at 61 degrees 9 minutes itude, 150 degrees 44 minutes 40 seconds to the pot of each hand trap in Cook 12 seconds north latitude, 151 degrees 3 west longitude. Inlet shall be constructed of flexible web­ minutes 24 seconds west longitude; (2) (g) Along the mainland coast on the bing other than wire.* within 300 feet of a point at 61 degrees east side of Cook Inlet from a point S e c . 209.7 Total aggregate length of 7 minutes 21 seconds north latitude, 151 south of Boulder Point at 60 degrees 46 gill nets, salmon fishing boats. The degrees 5 minutes 25 seconds west longi­ minutes north latitude, 151 degrees 16 total aggregate length of gill nets on any tude; (3) within 1,000 feet of a point at minutes west longitude, southerly to a salmon fishing boat, or in use by such 61 degrees 2 minutes 16 seconds north point at 60 degrees 44 minutes 15 sec­ boat, shall not exceed 100 fathoms hung latitude, 151 degrees 13 minutes 35 sec­ onds north latitude, 151 degrees 19 min­ measure.* onds west longitude; (4) from 61 de­ utes west longitude. S e c . 209.8 Marking of salmon gill grees 0 minutes 25 seconds north lati­ (h) Along the mainland coast on the nets. Each gill net in operation shall be tude, 151 degrees 22 minutes 15 seconds east side of Cook Inlet from a point at marked by a cluster of floats or corks at west longitude, to 61 degrees 0 minutes 60 degrees 40 minutes north latitude, 151 the ends, and double floats or corks shall 38 seconds north latitude, 151 degrees 24 degrees 23 minutes 13 seconds west longi­ be attached to the cork line at 25-fathom minutes 34 seconds west longitude; (5) tude, southeasterly to a point at 60 de­ intervals. The clusters of floats or corks within 1,000 feet of a point at 60 degrees grees 35 minutes 15 seconds north lati­ at the ends and the double floats or corks 46 minutes 35 seconds north latitude, 151 tude, 151 degrees 20 minutes 30 seconds at the 25-fathom intervals shall be degrees 44 minutes 48 seconds west west longitude. painted bright red. The clusters at the longitude; (6) within 1,000 feet of a point (i) Along the mainland coast on the ends shall also be legibly and plainly at 60 degrees 42 minutes 56 seconds east side of Cook Inlet from a point marked with the initials of the oper­ north latitude, 151 degrees 45 minutes south of Kenai River at 60 degrees 28 ator.* 27 seconds west longitude; and (7) with­ minutes 45 seconds north latitude, 151 S e c . 209.9 Length of set or anchored in 1,000 feet of a point at 60 degrees 24 degrees 17 minutes 18 seconds west longi­ gill nets. No set or anchored gill net minutes north latitude, 152 degrees 15 tude, southerly to a point at 60 degrees shall exceed 35 fathoms in length meas­ minutes 40 seconds west longitude. 25 minutes 37 seconds north latitude, 151 ured on the cork line.* (b) Along the east coast of Chisik degrees 17 minutes 34 seconds west longi­ S e c . 209.10 Operation of stake and Island within 1,000 feet of a point at 60 tude. set or anchored gill nets. Stake and set degrees 8 minutes 35 seconds north lati­ (j) Along the mainland coast on the or anchored gill nets shall be operated in tude, 152 degrees 34 minutes west longi­ east side of Cook Inlet within 1,000 feet substantially a straight line: Provided, tude. of a point at 60 degrees 19 minutes 49 That not to exceed 20 yards of each net (c) Along the north coast of Kalgin seconds north latitude, 151 degrees 23 may be used as a hook. Only one such Island (1) within 1,000 feet of a point minutes 24 seconds west longitude. hook is permitted on a net.* at 60 degrees 30 minutes 25 seconds (k) Along the mainland coast on the S e c . 209.11 Minimum distance be­ north latitude, 151 degrees 57 minutes 22 east side of Cook Inlet (1) from a point tween units of fishing gear. The dis­ seconds west longitude; (2) within 1,000 at 60 degrees 16 minutes 45 seconds north tance by most direct water measurement feet of a point at 60 degrees 30 minutes latitude, 151 degrees 23 minutes 30 sec­ from any part of one set or anchored gill 20 seconds north latitude, 151 degrees onds west longitude, southerly to a point FEDERAL REGISTER, Wednesday, February 15, 1939 919

at 60 degrees 15 minutes 30 seconds north tude, 151 degrees 58 minutes 47 seconds south ends of Halibut Cove Lagoon shall latitude, 151 degrees 23 minutes 45 sec­ west longitude.* be anchored at right angles to the line onds west longitude; and (2) within 1,000 S e c . 209.16 Waters closed to commer­ joining the markers. Nets operated be­ feet of a point at 60 degrees 14 minutes 41 tween these areas shall be anchored in a seconds north latitude, 151 degrees 24 cial salmon fishing. All commercial fishing is prohibited as follows: general direction paralleling the shore minutes 5 seconds west longitude. line.* (l) Along the mainland coast on the (a) Within 1 statute mile of the S e c . 209.22 Herring pounds prohib­ east side of Cook Inlet (1) from a point mouths of the following salmon streams: ited, Halibut Cove and Lagoon. The at 60 degrees 13 minutes north latitude, Kenai River, Kasilof River, Swanson maintaining of a herring pound in the 151 degrees 25 minutes 15 seconds west Creek, Bishop Creek, Ninlchik River, Deep waters of Halibut Cove and Lagoon is longitude, southerly to a point at 60 de­ Creek, Starichkof River, Anchor Point prohibited.* grees 12 minutes 15 seconds north lati­ River, English Bay stream, Little Susitna S e c . 209.23 Herring purse seines pro­ tude; (2) from a point at 60 degrees 11 River, Susitna River, Ivan River, Lewis hibited, Kachemak Bay vicinity. The minutes 5 seconds north latitude, south­ River, Theodore River, Beluga River, use of purse seines for the capture of her­ erly to a point at 60 degrees 10 minutes Threemile Creek, Chuit River, Nikolai ring is prohibited in Kachemak Bay and 45 seconds north latitude, 151 degrees 28 River, McArthur River, Kustatan River, tributary waters within a line from Hub­ minutes 20 seconds west longitude; (3) Katmi River, Drift River, and Kalgin ble Point to Bluff Point.* from a point at 60 degrees 10 minutes 15 Island Stream on the east coast of Kalgin S e c . 209.24 Size of mesh, herring gill seconds north latitude, 151 degrees 29 Island. nets> Gill nets used in catching herring minutes 15 seconds west longitude, south­ (b) Tumagain Arm and K n ik Arm: shall not be of smaller mesh than 3 erly to a point at 60 degrees 8 minutes 30 All waters above a line from Point Pos­ inches stretched measure.* seconds north latitude, 151 degrees 31 session at 61 degrees 2 minutes 10 sec­ S e c . 209.25 Traps prohibited, com­ minutes 40 seconds west longitude; and onds north latitude, 150 degrees 24 min­ mercial herring fishing. Commercial (4) within 1,000 feet of a point at 60 de­ utes 5 seconds west longitude, to Point fishing for herring, including bait fish­ grees 7 minutes 48 seconds north latitude, Woronzof at 61 degrees 12 minutes north ing. by means of any trap is prohibited.* 151 degrees 32 minutes 42 seconds west latitude, 150 degrees west longitude, longitude. S e c . 209.26 Size of purse seines, com­ thence to Point MacKenzie at 61 degrees mercial herring fishing. Commercial (m) Along the mainland coast on the 14 minutes 10 seconds north latitude, 150 east side of Cook Inlet from a point at fishing for herring, including bait fish­ degrees west longitude. ing, by means of any purse seine more 60 degrees 7 minutes north latitude, 151 (c) Kamishak Bay: All waters within degrees 34 minutes 20 seconds west longi­ than 1,400 meshes in depth, more than 400 yards outside the entrance to the 180 fathoms in length, or of mesh less tude, southerly to a point at 60 degrees lagoon at the mouth of McNeil Creek. 4 minutes 30 seconds north latitude, 151 than iy2 inches stretched measure be­ (d) Kachemak Bay: All waters above tween knots is prohibited.* degrees 38 minutes 30 seconds west longi­ a line from Chugachik Island to a point tude. S e c . 209.27 Placing of obstructions in on the opposite shore one-half mile be­ herring bays prohibited. No one shall (n) Along the mainland coast on the low the mouth of Swift Creek.* east side of Cook Inlet (1) within 1,000 place, or cause to be placed, across the feet of a point at 59 degrees 59 minutes S e c . 209.17 Closed seasons, commer­ entrance of any lagoon or bay any net 30 seconds north latitude, 151 degrees 43 cial herring fishing, except by gill nets or or other device which will prevent the minutes 40 seconds west longitude; and for bait purposes. Commercial fishing free passage at all times of herring in (2) within 1,000 feet of a point at 59 de­ for herring, except for bait purposes, is and out of said lagoon or bay.* - grees 54 minutes 45 seconds north lati­ prohibited during the period from Jan­ S e c . 209.28 Disposal of herring offal. tude, 151 degrees 45 minutes 47 seconds uary 1 to June 30, both dates inclusive, The dumping of offal and dead herring west longitude. and from November 16 to December 31, in the waters of any bay in which herring spawn or where they are captured is (o) Along the mainland coast on the both dates inclusive: Provided, That this prohibited.* east side of Cook Inlet south of Cape prohibition shall not apply to the use of Starichkof within 500 feet of a point at set and drift gill nets in the period from S e c . 209.29 Minimum size of razor 59 degrees 50 minutes 34 seconds north November 16 to December 31, both dates clams to be taken commercially. It is inclusive.* latitude, 151 degrees 49 minutes 11 sec­ prohibited to take for commercial pur­ onds west longitude. S e c . 209.18 Waters closed to commer­ poses any razor clam measuring less than cial herring fishing. During the period 4x/2 inches in total length of shell. Pos­ (p) Along the mainland coast on the from July 1 to October 1, both dates in­ session of any razor clam of less than east side of Cook Inlet between Anchor clusive, commercial fishing for herring, this length will be regarded as prima Point and Bluff Point within 1,200 feet including bait fishing, is prohibited in facie evidence of unlawful taking.* of a point at 59 degrees 41 minutes 38 all waters closed throughout the year to S e c . 209.30 Protection of small razor seconds north latitude, 151 degrees 46 salmon fishing.* clams. Any razor clam measuring less minutes 48 seconds west longitude. S e c . 209.19 Commercial herring fish­ than 4Y2 inches in total length of shell (q) Along the mainland coast on the ing in Halibut Cove and vicinity limited shall be returned alive immediately to east side of Cook Inlet on the west side to gill nets. Commercial fishing for her­ the hole from which it was removed in of Nubble Point Spit within 1,200 feet of ring in Halibut Cove, including the waters the course of digging operations.* a point at 59 degrees 28 minutes 45 sec­ within a line from the western end of S e c . 209.31 Closed seasons, commer­ onds north latitude, 151 degrees 35 min­ Immailof Island to the outermost point utes 6 seconds west longitude. cial talcing of razor clams, Cape Douglas on Glacier Spit, is limited to gill nets.* to North Foreland. The taking of razor (r) Along the mainland coast on the S ec. 209.20 Commercial herring fish­ clams for commercial purposes on the east side of Cook Inlet from a point at ing in Halibut Cove Lagoon limited to set west side of Cook Inlet from Cape Doug­ 59 degrees 26 minutes 30 seconds north gill nets; size and operation of set nets. las northerly to North Foreland is pro­ latitude, 151 degrees 46 minutes west Commercial fishing for herring in Hali­ hibited prior to 6 o’clock antemeridian longitude, westerly to a point at 59 de­ but Cove Lagoon is limited to set gill nets June 1 and after 6 o’clock postmeridian grees 26 minutes 40 seconds north lati­ not exceeding 50 fathoms in length, hung August 15 in each year.* tude, 151 degrees 46 minutes 45 seconds measure. All such nets shall be an­ west longitude. S e c . 209.32 Closed seasons, commer­ chored in a substantial manner not less cial taking of razor clams, Anchor Point (s) Along the mainland coast on the than 150 yards apart.* to Point Possession. The taking of razor east side of Cook Inlet east of Flat Is­ S e c . 209.21 Operation of herring nets, clams for commercial purposes on the land within 1,200 feet of a point at 59 Halibut Cove Lagoon. Nets operated east side of Cook Inlet from Anchor degrees 19 minutes 40 seconds north lati- within areas marked at the north and Point northerly to Point Possession is 920 FEDERAL REGISTER, Wednesday, February 15, 1939 prohibited prior to 6 o’clock antemerid­ inches stretched measure between knots Sec. ian May 1 and after 6 o’clock postme­ is prohibited.* 211J.9 Size of purse seines, commercial her­ ring fishing. ridian September 30 in each year.* S e c . 210.8 Closed season, commercial 211.20 Placing of obstructions in herring S e c . 209.33 Protection of female crabs salmon fishing. Commercial fishing for bays prohibited. and small male crabs. King or spider salmon is prohibited during the remain­ 211.21 Disposal of herring offal. crab (Paralithodes Camchatica).—No fe­ der of each calendar year after 6 o’clock 211.22 Minimum size of razor clams to be taken commerciaUy. male of this species shall be taken at any postmeridian September 20.* 211.23 Protection of small razor clams. time, and no male of the species meas­ S e c . 210.9 Weekly closed period, salm­ 211.24 Closed season, commercial taking of uring less than 5 V2 inches in greatest on fishing. In the waters of Resurrec­ razor clams. 211.25 Maximum take of razor clams, Janu­ width of shell shall be taken for com­ tion Bay within a line from Cape Resur­ ary 1 to June 30. mercial purposes.* rection to the western side of Bgar 211.26 Maximum take of razor clams, Au­ Glacier at its mouth, the 36-hour closed gust 16 to December 31. PART 210. RESURRECTION BAY AREA 211.27 Maximum take of razor clams from FISHERIES period for salmon fishing prescribed by certain central bars. Sec. section 5 of the act of June 6, 1924, is 211128 Protection of female crabs and small 210.1 Definition, Resurrection Bay area. hereby extended to include the period male crabs. 210.2 Traps prohibited, salmon fishing. from o’clock antemeridian of Satur­ 211.29 Closed season, commercial fishing for 6 Dungeness crabs. 210.3 Total aggregate length of gill nets, day of each week until o’clock anteme­ salmon fishing boats. 6 211.30 Commercial taking of soft-shell crabs 210.4 Size and operation of set or anchored ridian of the Monday following, making prohibited. gill nets. a weekly closed period of 48 hours: Pro­ S e c . 211.1 Definition, Prince William 210.5 Size of mesh, king salmon nets and vided, That this extension shall not be red-salmon nets. Sound area. Hie Prince William Sound 210.6 Maximum length of salmon purse effective after A u g u s ts in each year.* area is hereby defined to include all ter­ seine boats. (Sec. 5, 43 Stat. 466; 48 U. S. C. 234) ritorial coastal and tributary waters of 210.7 Opening date for commercial salmon S e c . 210.10 Waters closed to com­ fishing with smaU mesh gear. the Gulf of Alaska between Cape Fair- 210.8 Closed season, commercial salmon mercial salmon fishing. Commercial field on the west and Point Whitshed on fishing. fishing for salmon within 1,000 yards of the east.* 210.9 Weekly closed period, salmon fishing. the mouths of Bear Creek and Resurrect 210.10 Waters closed to commercial salmon S e c . 211.2 Total aggregate length of fishing. tion R iver'is prohibited at all times; gill nets, salmon fishing boats. The total 210.11 Minimum size of razor clams to be and in the period from June 7 to Au­ aggregate length of gill nets on any taken commercially. gust 23, both dates inclusive, commercial 210.12 Protection of small razor dams. salmon-fishing boat, or in use by such fishing for salmon is prohibited within boat, shall not exceed 200 fathoms hung S e c . 210.1 Definition, Resurrection 1,700 yards of the mouths of these measure.* Bay area. H ie Resurrection Bay area is streams.* S e c . 211.3 Salmon-fishing boats lim­ hereby defined to include all territorial S ec. 210.11 Minimum size of razor ited to one seine; size of seine. No salm­ coastal and tributary waters of the Gulf clams to be taken commercially. It is on-fishing boat shall carry or operate of Alaska between Point Gore on the west prohibited to take for commercial pur­ more than one seine of any description, and Cape Fairfield on the east.* poses any razor clam measuring less and no additional net of any kind shall S e c . 210.2 Traps prohibited, salmon than 4j/2 inches in total length of shell. be carried on such boat. H ie carrying fishing. The use of any trap for the cap­ Possession of any razor clam of less than of any additional seine or net of any ture of salmon is prohibited.* this length will be regarded as prima kind on a boat towed by any salmon­ S e c . 210.3 Total aggregate length of facie evidence of unlawful taking.* fishing boat is prohibited. No purse gill nets, salmon fishing boats. The total S e c . 210.12 Protection of small razor seine shall be less than 125 meshes nor aggregate length of gill nets on any salm­ clams. Any razor clam measuring less more than 200 meshes in depth, nor less on-fishing boat, or in use by such boat, than 4x/k inches in total length of shell than 90 fathoms, nor more than 150 shall not exceed 200 fathoms hung shall be returned alive immediately to fathoms in length measured on the cork measure.* the hole from which it was removed in line. For the purpose of determining S ec. 210.4 Size and operation of set the course of digging operations.* depths of seines, measurements will be or anchored gill nets. No set or an­ upon the basis of 3 Vz inches stretched chored gill net shall exceed 300 yards in PART 211. PRINCE W ILLIAM SOUND AREA FISHERIES measure between knots. The extension length, and each shall be set in substan­ Sec. to any seine in the way of leads exceed­ tially a straight line: That not Provided, 211.1 Definition, Prince William Sound area. ing 25 fathoms in length is prohibited.* to exceed 20 yards of each net may be 211.2 Total aggregate length of gill nets, S e c . 211.4 Maximum length of salm­ salmon fishing boats. used as a hook. Only one such hook is on purse seine boats. No boat used in permitted on a net. There shall be a 211.3 Salmon-fishing boats limited to one seine; size of seine. operating any purse .seine shall be longer distance interval of at least 200 yards, 211.4 Maximum length of salmon purse than 50 feet, as shown by official register both endwise and laterally, at all times seine boats. length.* between all set or anchored gill nets 211.5 Size and operation of set or anchored S e c . 211.5 Size and operation of set operated.* gill nets. 211.6 Waters closed to salmon fishing with or anchored gill nets. No set or an­ S e c . 210*5 Size of mesh, king salmon purse seines and beach seines. chored gill net shall exceed 300 yards in nets and red-salmon nets. King salmon 211.7 Waters of Port Valdez in which com­ length and each shall be set in substan­ nets shall have a mesh at least 8 V2 mercial salmon fishing is limited to set or anchored gill nets. tially a straight line: Provided, That not inches stretched measure between knots, 211.8 Weekly closed period, salmon fishing. to exceed 20 yards of each net may be and red-salmon nets shall have a mesh 211.9 Opening date for commercial salmon used as' a hook. Only one such hook is at least 5 V2 inches stretched measure fishing, except trolling. 211.10 Opening date for commercial salmon permitted on a net. There shall be a between knots, as measured when actu­ fishing by trolling. distance interval of at least 200 yards ally in use.* 211.11 Closing dates of commercial salmon both endwise and laterally at all times S e c . 210.6 Maximum length of salm­ fishing season. between all set or anchored gill nets on purse seine boats. No boat used in 211.12 Minimum distance between traps. 211.13 Areas open to salmon traps. operated.* operating any purse seine shall be longer 211.14 Waters closed to commercial salmon S e c . 211.6 Waters closed to salmon than 50 feet, as shown by official register fishing. fishing with purse seines and beach length.* 211.15 Closed seasons, commercial herring A fishing, except by gill nets or for seines. The use of purse seines and S e c . 210.7 Opening date for commer­ bait purposes. beach seines for the capture of salmon cial salmon fishing with small mesh gear. 211.16 Waters closed to commercial herring is prohibited in the waters along the Prior to 6 o’clock antemeridian June 1 fishing, July 1 to October 1. western coast from the outer point on 211.17 Size of mesh, herring gill nets. in each year commercial fishing for salm­ 211.18 Traps prohibited, commercial herring the north shore of Granite Bay (known on with nets of mesh less than 8 Y2 fishing. as Granite Bay Point) to the light on the FEDERAL REGISTER, Wednesday, February 15, 1939 921 south shore of the entrance to Port Nellie (b) Along the coast of Squire Island utes 58 seconds north latitude, 146 de­ Juan.* within V2 statute mile of its southern grees 27 minutes west longitude, on the S e c . 211.7 Waters of Port Valdez in extremity. north side of a spit. which commercial salmon fishing is lim­ (c) Bainbridge Island: Within 2,500 (t) Hinchinbrook Island: Within ited to set or anchored gill nets. Com­ feet of a point at 60 degrees 11 minutes 2,500 feet, measured along the coast, mercial fishing for salmon in Port Valdez 32 seconds north latitude, 148 degrees from a point at 60 degrees 28 minutes 54 east of 146 degrees 40 minutes west longi­ 3 minutes west longitude. seconds north latitude, 146 degrees 32 tude is limited entirely to set or anchored (d) Eastern coast of Chenega Island minutes 11 seconds west longitude. gill nets of not to exceed 300 yards each from a point 1 statute mile southward (u) Hinchinbrook Island: From a in length.* of its northern extremity to a point 1 point on the coast at 60 degrees 27 min­ S e c . 211.8 Weekly closed period, salm­ statute mile eastward of Chenega village. utes north latitude, 146 degrees 39 min­ on fishing. The 36-hour closed period (e) Mainland coast within 2,500 feet utes 48 seconds west longitude, northward for salmon fishing prescribed by section westerly of a point at 60 degrees 24 min­ to the light at Johnstone Point. 5 of the act of June 6, 1924, is hereby utes 48 seconds north latitude, 147 de­ (v) Hinchinbrook Island: Within 2,500 extended to include the period from 6 grees 58 minutés 18 seconds west longi­ feet of a point at 60 degrees 24 minutes o’clock antemeridian of Saturday of each tude. 38 seconds north latitude, 146 degrees 42 week until 6 o’clock antemeridian of the (f) Knight Island: East coast within minutes 30 seconds west longitude. Monday following, making a weekly 2,500 feet of a point at 60 degrees 21 (w^.Hinchinbrook Island: Within V2 closed period of 48 hours.* minutes 55 seconds north latitude, 147 statute mile eastward of a point on the S e c . 211.9 Opening date for commer­ degrees 37 minutes 29 seconds west long­ south side of Port Etches at 146 degrees cial salmon fishing, except - trolling. itude. 40 minutes west longitude. Commercial fishing for salmon, except (g) Eastern coast of Culross Island: (x) Montague Island: Along the coast by trolling, is prohibited prior to 6 o’clock Prom the northern side of the entrance from a point on the south side of Mac- antemeridian July 5 in each calendar to Hidden Bay northerly to a point at leod Harbor at 59 degrees 52 minutes 10 year.* 60 degrees 43 minutes 45 seconds north seconds north latitude, 147 degrees 51 S ec. 211J.0 Opening date for commer­ latitude, 148 degrees 6 minutes 35 sec­ minutes west longitude, to a point at 59 cial salmon fishing by trolling. Commer­ onds west longitude. degrees 52 minutes north latitude, 147 cial fishing for salmon by trolling is pro­ (h) Western side of Valdez Arm (1) degrees 52 minutes west longitude. hibited prior to April 15 in each calendar within 2,500 feet of a point at 60 degrees (y) Western coast of Montague Island year.* 55 minutes 40 seconds north latitude, 146 from Point Woodcock to a point south of S e c . 211.11 Closing dates of commer­ degrees 58 minutes 35 seconds west longi­ Hanning Bay at 59 degrees 56 minutes 45 cial salmon fishing season. Commercial tude, and (2) from 60 degrees 58 min­ seconds north latitude, 147 degrees 45 fishing for salmon is prohibited during utes north latitude to 60 degrees 59 min­ minutes 15 seconds west longitude. the remainder of each calendar year utes north latitude. (z) Western coast of Montague Island after 6 o’clock postmeridian August 5: (i) Southwest coast of Bligh Island (1) from Point Bazil on the north side of Provided, That this prohibition shall not from 60 degrees 49 minutes 45 seconds the entrance to Hanning Bay northeast­ apply (a) to trolling and gill netting north latitude to 146 degrees 44 minutes erly to 60 degrees 0 minutes 30 seconds through August 22 in the waters along 20 seconds west longitude. north latitude, and (2) from 60 degrees the western coast from the outer point (j) Within V2 statute mile of the 7 minutes 30 seconds north latitude on the north shore of Granite Bay southwestern extremity of Bidarka Point. northeasterly to 60 degrees 9 minutes 45 (known as Granite Bay Point) to the (k) From a point on the east side of seconds north latitude (as shown on U. S. light on the south shore of the entrance Landlocked Bay at 60 degrees 49 min­ Coast and Geodetic Survey Chart No. to Port Nellie Juan, (b) to trolling in the utes north latitude to a point on the 8551). period from 6 o’clock postmeridian Au­ north shore of Port Fidalgo at 146 de­ (aa) Western coast of Montague Is­ gust 5 to 6 o’clock postmeridian Septem­ grees 32 minutes west longitude. land from 60 degrees 10 minutes 20 sec­ ber 20 in the waters of Prince William (l) Within V2 statute mile of Porcu­ onds north latitude to 60 degrees 11 min­ Sound east of 147 degrees west longitude, pine Point. utes 45 seconds north latitude. exclusive of all waters of Valdez Arm (m) Mainland coast, near Knowles (bb) Montague Island: Northern coast north of Point Freemantle, and (c) to Head, within 2,500 feet of a point at 60 from Graveyard Point to a point at 60 the operation of set or anchored gill nets degrees 41 minutes 17 seconds north lati­ degrees 21 minutes 41 seconds north lati­ in the period from 6 o’clock postmeridian tude, 146 degrees 40 minutes west longi­ tude, 147 degrees 9 minutes 47 seconds August 5 to 6 o’clcok postmeridian Sep­ tude. west longitude.* tember 20 in the waters of Valdez Arm (n) Within 1 statute mile of Red Head. east of 146 degrees 25 minutes west lon­ S e c . 211J.4 Waters closed to com­ (o) Prom a point on the coast 1 stat­ mercial salmon fishing. All commercial gitude. All trap leads from shore to ute mile northwestward of the light at entrance of hearts must be removed prior fishing for salmon is prohibited, as fol­ Gravina.Point to a point on the coast lows: to 6 o’clock antemeridian August 9.* 2 statute miles northwestward of the S e c . 211.12 Minimum distance be- light at Gravina Point, making an open (a) Constantine Harbor, northwest tween traps. The distance by most di­ space of 1 statute mile. arm of Port Etches: All waters within rect water measurement from any part (p) Along the coast within 1 statute the harbor and its tributary waters and of one trap to any part of another trap mile'southwesterly of the outer point on within 100 yards outside the narrows at shall not be less than IV2 statute miles.* the southwest side of the entrance to the entrance to the harbor. S e c . 211.13 Areas open to salmon Cedar Bay, Hawkins Island. (b) Anderson Bay and Double Bay, traps. The use of any trap for the cap­ (q) Within 1 statute mile of Makaka north shore of Hinchinbrook Island: All ture of salmon is prohibited, except as Point, Hawkins Island. waters within the bays. follows: (r) Hinchinbrook Island: Within (c) Port Etches: All waters within 2 (a) Knight Island: Prom a point on 3.000 feet, measured westerly along the statute miles of the mouth of the sal­ the southeast coast at 60 degrees 9 min­ north side of a peninsula, from a point mon stream flowing into the head of utes 50 seconds north latitude southerly at 60 degrees 28 minutes 47 seconds north Port Etches. to Point Helen, thence northerly to 60 de­ latitude, 146 degrees 23 minutes 27 sec­ (d) Boswell Bay, indenting Hinchin­ grees 11 minutes 15 seconds north lati­ onds west longitude. brook Island: All waters in tile bay west tude, 147 degrees 50 minutes 40 seconds (s) Hinchinbrook Island: Within of 146 degrees 8 minutes west longitude. west longitude, exclusive of all waters in 3.000 feet, measured easterly along the (e) Twin Lake Creek: All waters Little Bay. coast, from a point at 60 degrees 27 min­ within 1,000 yards of the mouth of Twin 922 FEDERAL REGISTER, Wednesday, February 15, 1939

Lake Creek flowing into the southeast its tributaries and within 100 yards out­ in the waters of any bay in which her­ arm of Simpson Bay. side the narrows at the entrance to the ring spawn or where they are captured is (f) Sheep Bay: All waters within 1,000 lagoon. prohibited.* yards of the mouth of the stream at the (v) Jackpot Bay: All waters within a S e c . 211.22 Minimum size of razor head of the bay. line, indicated by markers, located at the clams to be taken commercially. It is (g) Gravina River: All waters within entrance to the narrows in the bay. prohibited to take for commercial pur­ 1.000 yards of the mouth of the river. (w) Port Bainbridge: All waters in poses any razor clam measuring less (h) Olsen Bay, north side of Port the middle north arm of Port Bainbridge. than 4 Y2 inches in total length of shell. Gravina: All waters within 2,000 yards (x) Bay of Isles, indenting east shore Possession of any razor clam of less than of the mouth of the stream flowing into of Knight Island: All waters within this length will be regarded as prima the head of the bay. 1,000 yards of the mouth of the stream facie evidence of unlawful taking.* (i) St. Matthew Bay, north side of at the head of the west arm of the bay.* S e c . 211.23 Protection of small razor Port Gravina: All waters within 2,000 S e c . 211.15 Closed seasons, commer­ clams. Any razor clam measuring less yards of the mouth of the stream flowing cial herring fishing, except "by gill nets or than 4x/2 inches in total length of shell into the head of the bay. for bait purposes. Commercial fishing shall be returned alive immediately to (j) Irish Cove, south side of Port for herring, except for bait purposes, is the hole from which it was removed in Fidalgo: All waters within the cove south prohibited from January 1 to June 7, the course of digging operations.* of 60 degrees 46 minutes north latitude. both dates ipclusive, and from October S ec. 211.24 Closed season, commer­ (k) Whalen Bay, south side of Port 16 to December 31, both dates inclusive: cial talcing of razor clams. The taking Fidalgo: All waters east of 146 degrees Provided, That this prohibition shall not of razor clams for commercial purposes 15 minutes 30 seconds west longitude. apply to the use of set and drift gill nets is prohibited from July 1 to August 15, (l) Fish Bay, north side of Port Fidal­ of mesh not smaller than 2V2 inches both dates inclusive, in each calendar go: All waters within 1,000 yards of the strètched measure between knots in the year.* mouth of the stream at the head of the period from November 16 to December 15, Sec. 211.25 Maximum take of razor bay. both dates inclusive.* clams, January 1 to June 30. In the (m) Galena Bay, east side of Valdez open season from January 1 to June 30, Arm: All waters within a line from a S e c . 211.16 Waters closed to commer­ cial herring fishing, July 1 to October 1. both dates inclusive, there shall not be point on the coast at 60 degrees 55 min­ During the period from July 1 to Octo­ taken in the Prince William Sound and utes 30 seconds north latitude, 146 de­ ber 1, both dates inclusive, commercial Copper River areas a combined total of grees 38 minutes 30 seconds west longi­ fishing for herring, including bait fish­ more than 1,600,000 pounds of razor tude, northeasterly to a point on the ing, is prohibited in all waters closed clams, including shells, or 40,000 cases coast at 60 degrees 56 minutes 17 seconds throughout the year to salmon fishing.* upon the basis of 48 one-half pound cans north latitude, 146 degrees 36 minutes per case. Not to exceed 200,000 pounds, S e c . 211.17 Size of mesh, herring gill 30 seconds west longitude, and all waters including shells, or 5,000 cases upon the within 1,000 yards of the mouth of In­ nets. Gill nets used in catching herring shall not be of smaller mesh than basis of 48 one-half pound cans per case, dian Creek. shall be taken prior to April 15.* 2 Vz inches stretched measure between (n) Jack Bay, east side of Valdez S e c . 211.26 Maximum take of razor knots.* Arm: All waters east of 146 degrees 36 clams, August 16 to December 31. In minutes west longitude. S e c . 211.18 Traps prohibited, com­ the open season from August 16 to De­ (o) Robe River, Lowe River, and other mercial herring fishing. Commercial cember 31, both dates inclusive, there unnamed streams flowing into Port Val­ fishing for herring, including bait fish­ shall not be taken in the Prince William dez in the immediate vicinity of Valdez: ing, by means of any trap is prohibited.* Sound and Copper River areas a com­ All waters within 1 statute mile of the , S e c . 211.19 Size of purse seines, com­ bined total of more than 280,000 pounds mouths. mercial herring fishing. Commercial of razor clams, including shells, or 7,000 (p) Long Bay and its tributaries, in­ fishing for herring, including bait fish­ cases upon the basis of 48 one-half denting mainland on north shore of ing, by means of any purse seine more pound cans per case.* Prince William Sound: All waters within than 1,400 meshes in depth, more than S e c . 211.27 Maximum take of razor- 1.000 yards of the mouth of any salmon 150 fathoms in length, or of mesh less clams from certain central bars. Within stream. than IV2 inches stretched measure be­ the section bounded on the west by (q) Unakwik Inlet and tributary tween knots is prohibited: Provided, Strawberry Point Channel, on the north waters, indenting mainland on north That in the period from August 1 to No­ by a line from the southern extremity of shore of Prince William Sound: All vember 15, both dates inclusive, commer­ Mummy Island to Wireless Point, and on waters within 1,000 yards of the mouth cial fishing for herring, including bait the east by a line from Government Rock of any salmon stream. fishing, by means of any purse seine to the west end of First Egg Island, the (r) Wells Passage and tributary waters more than 1,400 meshes in depth, more taking of razor clams for commercial indenting mainland on north shore of than 180 fathoms in length, or less than purposes is prohibited for the remainder Prince William Sound: All waters of IV2 inches stretched measure between of each calendar year after a combined Wells Passage and its tributaries, Includ­ knots is prohibited: And provided fur­ total of 800,000 pounds, including shells, ing Port Wells, Cochrane Bay, Black- ther, That any purse seine may have in or 20,000 cases upon the basis of 48 one- stone Bay, and Passage Canal, west of addition a strip along the bottom not to half pound cans per case, has been a line extending southwesterly from exceed 30 meshes in depth and of mesh reached in the Prince William Sound Point Esther to a point on the east side not less than 4 inches stretched measure and Copper River areas.* between knots. No extension to any of the entrance to Cochrane Bay at 60 S e c . 211.28 Protection of female crabs degrees 45 minutes 42 seconds north lat­ seine in the Way of leads will be per­ and small male crabs. Dungeness crab itude, 148 degrees 13 minutes 54 seconds mitted.* (Cancer magister).—No female of this west longitude (as shown on U. S. Coast S e c . 211.20 Placing of obstructions in species shall be taken at any time, and and Geodetic Survey Chart No. 8551). herring bays prohibited. No one shall no male of this species measuring less (s’) Long Bay, tributary to Culross Pas­ place, or cause to be placed, across the than 7 inches in greatest width shall be sage: All waters within the bay. entrance of any lagoon or bay any net or taken for commercial purposes.* other device which will prevent the free (t) Gumboot Creek, on northwest S e c . 211.29 Closed season, commercial shore of Esliamy Bay: All waters within passage at all times of herring in and out fishing for Dungeness crabs. Commer­ 1.000 yards of the mouth of the creek. of said lagoon or bay.* cial fishing for the Dungeness crab is (u) Eshamy Lagoon and its tributary S e c . 211.21 Disposal of herring offal. prohibited from June 1 to August 14, waters: All waters within the lagoon and The dumping of offal and dead herring both dates inclusive.* FEDERAL REGISTER, Wednesday, February 15, 1939 923

S e c . 211.30 Commercial taking of free movement through the water at all 4 V2 inches in total length of shell. Pos­ soft-shell crabs prohibited. It is pro­ times: Provided, That gill nets attached session of any razor clam of less than hibited to take for commercial purposes to anchored boats or other anchored this length will be regarded as prima any soft-shell crab. Possession of any floating equipment may also be used facie evidence of unlawful taking.* such crab will be regarded as prima facie from 6 o’clock antemeridian August 10 S e c . 212.13 Protection of small razor evidence of unlawful taking.* to 6 o’clock postmeridian September 20 clams. Any razor clam measuring less PART 212. COPPER RIVER AREA in each calendar year.* than 4% inches in total length of shell FISHERIES S e c . 212.7 Marking of salmon gill shall be returned alive immediately to Sec. nçts. Each gill net in operation shall the hole from which it was removed in 212.1 Definition, Copper River area. be marked by a cluster of floats or corks the course of digging operations.* 212.2 Closed seasons, commercial salmon at the ends, and double floats or corks S e c . 212.14 Closed season, cdmmer- fishing. 212.3 Opening date for commercial salmon shall be attached to the cork line at 25- dal taking of razor clams. The taking fishing with small mesh gear. fathom intervals. The clusters of floats of razor clams for commercial purposes 212.4 Commercial salmon fishing prohib­ or corks at the ends and the double floats is prohibited from July 1 to August 15, ited after September 20. 212.5 Identification of salmon fishing boats. or corks at the 25-fathom intervals of both dates inclusive, in each calendar 212.6 Commercial salmon fishing limited to every red-salmon and silver-salmon gill year.* drift gill nets. net shall be painted bright red. The S e c . 212.15 Maximum take of razor 212.7 Marking of salmon gill nets. clusters of floats or corks at the ends clams, January 1 to June 30. In the 212.8 Total aggregate length of gill nets, salmon fishing boats. and the double floats or corks at the open season from January 1 to June 30, 212.9 Waters closed to commercial salmon 25-fathom intervals of every king-salmon both dates inclusive, there shall not be fishing. gill net shall bç painted white. The taken in the Prince William Sound and 212.10 Trailing of web by fishing boats. Copper River areas a combined total of 212.11 Operation of anchored gill nets. clusters at the ends of all gill nets shall 212.12 Minimum size of razor clams to be also be legibly and plainly marked with more than 1,600,000 pounds of razor taken commercially. the initials of the operator. In addi­ clams, including shells, or 40,000 cases 212.13 Protection of small razor clams. tion, each red-salmon and silver-salmon upon the basis of 48 one-half pound 212.14 Closed season, commercial taking of razor clams. gill net shall be marked by red kegs at­ cans per case. Not to exceed 200,000 212.15 Maximum take of razor clams, Janu­ tached to the clusters of floats or corks pounds, including shells, or 5,000 cases ary 1 to June 30. at the ends, and each king-salmon gill upon the basis of 48 one-half pound 212.16 Maximum take of razor clams, Au­ cans per case, shall be taken prior to gust 16 to December 31. net shall be marked with white kegs 212.17 Maximum take of razor clams from attached to the clusters of floats or corks April 15.* certain central bars. at the ends.* S ec. 212.16 Maximum take of razor 212.18 Protection of female crabs and small clams, August 16 to December 31. In the male crabs. S e c . 212.8 Total aggregate length of 212.19 Closed season, commercial fishing for gill nets, salmon fishing boats. Prior to open season from August 16 to Decem­ Dungeness crabs. 6 o’clock antemeridian August 10 in each ber 31, both dates inclusive, there shall 212.20 Commercial taking of soft-shell crabs not be taken in the Prince William prohibited. calendar year the total aggregate length of drift gill nets on any salmon fishing Sound and Copper River areas a com­ S e c . 212.1 Definition, Copper River boat, or in use by such boat, shall not bined total of more than 280,000 pounds area. The Copper River area is hereby exceed 250 fathoms hung measure: Pro­ of razor clams, including shells, or 7,000 defined to include all territorial coastal vided, That during the period from 6 cases upon the basis of 48 one-half and tributary waters of Alaska between o’clock antemeridian May 15 to 6 o’clock pound cans per case.* Point Whitshed on the west and Point postmeridian May 31 any gill-net boat S e c . 212.17 Maximum take of razor Martin on the east, including Egg Islands in the Copper River area may carry and clams from certain central bars. Within and the other islands between these operate not to exceed 100 fathoms of net the section bounded on the west by points.* of mesh not less than 8 V2 inches Strawberry Point Channel, on the north S e c . 212.2 Closed seasons, commercial stretched measure between knots in ad­ by a line from the southern extremity salmon fishing. Commercial fishing for dition to 250 fathoms of smaller mesh of Mummy Island to Wireless Point, and salmon is prohibited prior to 6 o’clock net.* on the east by a line from Government Rock to the west end of First Egg Island, antemeridian May 1 and from 6 o’clock S e c . 212.9 Waters closed to commer­ postmeridian July 5 to 6 o’clock ante­ cial salmon fishing. Commercial fishing the taking of razor clams for commer­ cial purposes is prohibited for the re­ meridian August 10 in each year.* for salmon is prohibited within 500 yards S e c . 212.3 Opening date for commer­ of the Grass Banks, except that from mainder of each calendar year after a cial salmon fishing with small mesh gear. 6 o’clock antemeridian August 10 to 6 combined total of 800,000 pounds, in­ cluding shells, or 20,000 cases upon the Prior to 6 o’clock antemeridian May 15 o’clock postmeridian“ September 20 in in each year commercial fishing with nets each calendar year such fishing is per­ basis of 48 one-half pound cans per of mesh less than 8 V2 inches stretched mitted within 500 yards of the Grass case, has been reached in the Prince measure between knots is prohibited.* Banks by means of gill nets not exceed­ William Sound and Copper River areas.* S e c . 212.18 Protection of female crabs S e c . 212.4 Commercial salmon fishing ing 200 fathoms each in length attached prohibited after September 20. Com­ to anchored boats or other anchored and small male crabs. Dungeness Crab mercial fishing for salmon is prohibited floating equipment. All fishing is pro­ (Cancer magister) .—No female of this after 6 o’clock postmeridian September hibited at all times within the sloughs species shall be taken at any time, and 20 in each calendar year.* and within 500 yards of their mouths.* no male of this species measuring less than 7 inches in greatest width shall be S e c . 212.5 Identification of salmon S e c . 212.10 Trailing of web by fishing fishing boats. Each season, prior to the boats. The trailing of web behind any taken for commercial purposes.* opening date for commercial fishing, the fishing boat is prohibited above the S e c . 212.19 Closed season, commercial number and name of each fishing boat markers fixing closed waters.* fishing for Dungeness crabs. Commer­ cial fishing for the Dungeness crab is to be operated shall be furnished in writ­ S e c . 212.11 Operation of anchored ing to the agent of the Bureau of Fish­ prohibited from June 1 to August 14, gill nets. Anchored gill nets shall be both dates inclusive.* eries in charge of the district,* operated in substantially a straight S e c . 212.20 Commerdal taking of S e c . 212.6 Commercial salmon fishing line.* soft-shell crabs prohibited. It is pro­ limited to drift giU nets. Commercial S e c . 212.12 Minimum size of razor hibited to take for commercial purposes fishing for salmon shall be conducted clams to be taken commercially. It is any soft-shell crab. Possession of any solely by drift gill nets without the at­ prohibited to take for commercial pur­ such crab will be regarded as prima facie tachment of anything to obstruct their poses any razor clam measuring less than evidence of unlawful taking.* No. 31 A 924 FEDERAL REGISTER, Wednesday, February 15, 1939

PART 213. BERING RIVER AREA FISHERIES the initials of the operator. In addition, Sec. each red-salmon and silver-salmon gill 220.4 Waters of Chatham Strait in which Sec. commercial herring fishing is pro­ 213.1 Definition, Bering River area. net shall be marked by red kegs at­ hibited or restricted. 213.2 Closed seasons, commercial salmon tached to the clusters of floats or corks 220.5 Commercial herring fishing prohibited fishing. at the ends, and each king-salmon gill along south coast of Baranof Island. 213.3 Opening date for commercial salmon net shall be marked with white kegs at­ 220.6 Waters of Union Bay in which com­ fishing with small mesh gear. mercial herring fishing with purse 213.4 Commercial salmon fishing prohibited tached to the clusters of floats or corks seines is prohibited. after September 20. at the ends.* 220.7 Weekly closed period, commercial her­ 213.5 Commercial salmon fishing limited to S e c . 213.7 Total aggregate length of ring fishing, except for bait pur­ drift gill nets. poses. 213.6 Marking of salmon gill nets. gill nets, salmon fishing boats. Prior to 220.8 Traps prohibited, commercial herring 213.7 Total aggregate length of gill nets, 6 o’clock antemeridian August 10 in each fishing. salmon fishing boats. calendar year the total aggregate length 220.9 Herring-fishing boats limited to one 213.8 Trailing of web by fishing boats. of drift gill nets on any salmon fishing seine, exclusive of pound seines. 213.9 Operation of anchored gül nets. 220.10 Size of purse seines, commercial her­ 213.10 Waters closed to commercial salmon boat, or in use by such boat, shall not ring fishing. fishing. exceed 200 fathoms hung measure: Pro­ 220.11 Placing of obstructions in herring 213.11 Minimum size of razor clams to be vided, That during the period from 6 bays prohibited. taken commercially. 220.12 Kanalku Bay closed to commercial 213.12 Protection of small razor clams. o’clock antemeridian June 1 to 6 o’clock herring fishing. 213.13 Closed season, commercial taking of postmeridian June 15 any gill-net boat 220.13 Commercial herring fishing with razor clams. in the Bering River area may carry and beach seines prohibited on all her­ 213.14 Maximum take of razor clams, Bering operate not to exceed 100 fathoms of ring spawning grounds. River area. 220.14 Size of purse seines, commercial her­ net of mesh not less than SV2 inches ring fishing in Klawak Harbor. S e c . 213.1 Definition, Bering River stretched measure between knots in ad­ 220.15 Disposal of herring offal. area. The Bering River area is hereby dition to 200 fathoms of smaller mesh Southeastern Alaska Area, defined to include all territorial coastal net.* Clam Fishery 220.16 Minimum size of razor clams to be and tributary waters of Alaska between S ec. 213.8 Trailing of web by fishing taken commercially. Point Martin on the west and Cape Suck­ boats. The trailing of web behind any 220.17 Protection of small razor clams. ling on the east, including Martin Is­ fishing boat is prohibited above the 220.18 Minimum size of butter clams to be lands, Kanak Island, Wingham Island, markers fixing closed waters.* taken commercially. Kavak Island, and any other island be­ S e c . 213.9 Operation of anchored gill Southeastern Alaska Area, tween Point Martin and Cape Suckling.* nets. Anchored gill nets shall be oper­ Shrimp Fishery 220.19 Closed season, commercial fishing for S e c . 213.2 Closed seasons, commer­ ated in substantially a straight line.* shrimp. cial salmon fishing. Commercial fishing S e c . 213.10 Waters closed to commer­ Southeastern Alaska Area, for salmon is prohibited prior to 6 o’clock cial salmon fishing. All commercial Crab Fishery antemeridian May 15 and from 6 o’clock fishing for salmon is prohibited in Con­ 220.20 Protection of female crabs and small postmeridian July 5 to 6 o’clock ante­ troller Bay and contiguous waters north male crabs. meridian August 10 in each year.* 220.21 Commercial taking of soft-shell crabs of a line extending due east from Point prohibited. S e c . 213.3 Opening date for commer­ Hey.* 220.22 Closed seasons, commercial fishing for cial salmon fishing with small mesh gear. S e c . 213.11 Minimum size of razor Dtingeness crabs. Prior to 6 o’clock antemeridian June 1 in clams to be taken commercially. It is S e c . 220.1 Definition, Southeastern each year commercial fishing with nets prohibited to take for commercial pur­ Alaska area. The Southeastern Alaska of mesh less than 8 Yz inches stretched poses any razor clam measuring less area is hereby defined to include all ter­ measure between knots is prohibited.* than 4V2 inches in total length of shell. ritorial coastal and tributary waters of S e c . 213.4 Commercial salmon fishing Possession of any razor clam of less than Alaska extending from Dixon Entrance prohibited after September 20. Com­ this length will be regarded as prima on the south to and including Yakutat mercial fishing for salmon is prohibited facie evidence of unlawful taking.* Bay on the north.* - after 6 o’clock postmeridian September S e c . 213.12 Protection of small razor Southeastern Alaska Area—Herring 20 in each calendar year.* clams. Any razor clam measuring less Fishery than 4% inches in total length of shell S e c . 213.5 Commercial salmon fishing S e c . 220.2 Waters closed to commer­ shall be returned alive immediately to limited to drift gill nets. Commercial cial herring fishing, June 1 to October 15. the hole from which it was removed in fishing for salmon shall be conducted During the period from June 1 to Octo­ the course of digging operations.* solely by drift gill nets without the at­ ber 15, both dates inclusive, commercial S e c . 213.13 Closed season, commer­ tachment of anything to obstruct their fishing for herring, including bait fish­ free movement through the water at all cial taking of razor clams. The taking of razor clams for commercial purposes ing, is prohibited in all waters closed times: Provided, That gill nets attached throughout the year to salmon fishing.* is prohibited from July 1 to August 15, to anchored boats or other anchored S e c . 220.3 Closed seasons, commercial floating equipment may also be used both dates inclusive, in each calendar year.* herring fishing, except by large mesh giU from 6 o’clock antemeridian August 10 nets or for bait purposes. Commercial S e c . 213.14 Maximum take of razor to 6 o’clock postmeridian September 20 fishing for herring, except for bait pur­ in each calendar year.* clams, Bering River area. There shall not be taken in the Bering River area poses, is prohibited from January 1 to S e c . 213.6 Marking of salmon gill in any calendar year a combined total May 31, both dates inclusive, and from nets. Each gill net in operation shall be October 16 to December 31, both dates of more than 160,000 pounds of razor marked by a cluster of floats or corks at inclusive: Provided, That this prohibi­ clams, including shells, or 4,000 cases the ends, and double floats or corks shall upon the basis of 48 one-half pound tion shall not apply to the use of gill be attached to the cork line at 25- cans per case.* nets of mesh not less than 2l/2 inches fathom intervals. The clusters of floats stretched measure between knots, in the or corks at the ends and the double PART 220. SOUTHEASTERN ALASKA AREA period from October 16 to December 31, floats or corks at the 25-fathom intervals FISHERIES OTHER THAN SALMON both dates inclusive.* Sec. of every red-salmon and silver-salmon S ec. 220.4 Waters of Chatham Strait gill net shall be painted bright red. The 220.1 Definition, Southeastern Alaska area. in which commercial herring fishing is clusters of floats or corks at the ends and Southeastern Alaska Area, prohibited or restricted. All commercial the double floats or corks at the 25- Herring Fishery fishing for herring, except for bait pur­ fathom intervals of every king-salmon 2202 Waters closed to commercial herring poses, is prohibited, as follows: All gill net shall be painted white. H ie fishing, June 1 to October 15. waters of Chatham Strait and contigu­ 220.3 Closed seasons, commercial herring clusters at the ends of all gill nets shall fishing, except by large mesh gill ous waters along the western shore of also be legibly and plainly marked with nets or for bait purposes. Admiralty Island between Point Gardner FEDERAL REGISTER, Wednesday, February 15, 1939 925

and a point at 57 degrees 40 minutes seine in the way of leads will be per­ period from March 15 to April 30, both north latitude: Provided, That this pro­ mitted.* dates inclusive, in each year.* hibition shall not apply to commercial S e c . 220.11 Placing of obstructions in Southeastern Alaska Area— Crab Fishery fishing for herring by means of gill nets Tierring bays prohibited. No one shall of mesh not less than 2 x/2 inches place, or cause to be placed, across the S e c . 220.20 Protection of female crabs stretched measure between knots in the entrance to any lagoon or bay any net and small male crabs. Dungeness crab period from June 1 to December 31, both or other device which will prevent the (Cancer magister).—No female of this dates inclusive. The taking of herring free passage at all times of herring in species shall be taken at any time, and for bait, except by salmon trolling boats and out of said lagoon or bay.* no male of this species measuring less by means of any gill net of mesh not S e c . 220.12 Kanalku Bay closed to than 7 inches in greatest width shall be more than 2 l/2 inches stretched measure commercial herring fishing. All com­ taken for commercial purposes.* between knots, of not greater than No. mercial fishing, including bait fishing, S e c . 220.21 Commercial taking of 20 gill net thread, and not exceeding 10 for herring is prohibited throughout the soft-shell crabs prohibited. It is pro­ fathoms in length and 100 meshes in year in the waters of Kanalku Bay, Ad­ hibited to take for commercial purposes depth, is prohibited in all waters of miralty Island.* any soft-shell crab. Possession of any Kootznahoo inlet east of a line extend­ S e c . 220.13 Commercial herring fish­ such crab will be regarded as prima facie ing from Danger Point to Kootznahoo ing with beach seines prohibited on all evidence of unlawful taking.* Head.* herring spawning grounds. Commercial S e c . 220.22 Closed seasons, commer­ S e c . 220.5 Commercial herring fishing fishing for herring, including bait fish­ cial fishing for Dungeness crabs. Com­ prohibited along south coast of Baranof ing, by means of any beach seines on mercial fishing for the Dungeness crab Island. All commercial fishing for her­ any herring spawning ground is pro­ is prohibited from May 15 to July 31, ring, except for bait purposes, is prohib­ hibited.* both dates inclusive, in the Sumner ited in the waters along the south coast S e c . 220.14 Size of purse seines, com­ Strait and Stikine districts, and from of Baranof Island from Redfish Cape to mercial herring fishing in Klawak Har­ June 15 to August 1, both dates inclu­ the light at Port Armstrong.* bor. Seines used in commercial fishing, sive, in the Icy Strait district.* S e c . including bait fishing, for herring in 220.6 Waters of Union Bay in PART 221. SOUTHEASTERN ALASKA AREA, which commercial herring fishing with Klawak Harbor within a true east and YAKUTAT DISTRICT, SALMON FISHERIES purse seines is prohibited. All commer­ west line passing through the northern Sec. cial fishing for herring, including bait extremity of Klawak Island shall not ex­ 221.1 Definition, Southeastern Alaska area; fishing, by means of any purse seine is ceed 90 fathoms hung measure in length subdivisions. prohibited in the waters on the west side nor 500 meshes in depth. For the pur­ 221.2 Definition, Yakutat district. of Cleveland Peninsula between 55 de­ pose of determining depths of such 221.3 Total aggregate length of gill nets, salmon fishing boats. grees 46 minutes north latitude and 55 seines measurements will be upon the 221.4 Waters open to commercial salmon degrees 44 minutes north latitude, and basis of 1 y2 inches stretched measure be­ fishing by drift gill nets only. east of 132 degrees 17 minutes 30 seconds tween knots. No such seine shall have 221.5 Waters open to commercial salmon west longitude.* a mesh of less than 1 y2 inches stretched fishing by stake, set, or anchored gill nets only. S e c . 220.7 Weekly closed period, com­ measure between knots.* 221.6 Length of stake, set, or anchored gill mercial herring fishing, except for bait S e c . 220.15 Disposal of herring offal. nets in Monti Bay. The dumping of offal and dead herring 221.7 Length of stake, set, or anchored gill purposes. Commercial fishing for her­ nets in Situk Inlet. ring, except for bait purposes, is prohib­ in the waters of any bay in which her­ 221.8 Length of stake, set, or anchored gill ited from 6 o’clock antemeridian of Sat­ ring spawn or where they are captured is nets in Ahmklin Inlet and Danger­ urday of each week until 6 o’clock post­ prohibited.* ous Inlet. 221.9 Length of stake, set, or anchored gill meridian of the Sunday following.* iSoutheastern Alaska Area— Clam nets in Dry Bay and Ahquay Inlet. S e c . 220.8 Traps prohibited, commer­ Fishery 221.10 Opening date for commercial salmon cial herring fishing. Commercial fishing fishing other than trolling, except in Monti Bay and Dry Bay. for herring, including bait fishing, by S ec. 220.16 Minimum size of razor 221.11 Opening date for commercial salmon means of any trap is prohibited.* clams to be taken commercially. It is fishing in Monti Bay and Dry Bay. 221.12 Marking of salmon gill nets. S e c . 220.9 Herring-fishing boats lim­ prohibited to take for commercial pur­ poses any razor clam measuring less than 221.13 Opening date for commercial salmon ited to one seine, exclusive of pound fishing with large mesh gear in seines. No herring-fishing boat shall 4 y2 inches in total length of shell. Pos­ Situk Inlet. carry or . operate more than one seine of session of any razor clam of less than 221.14 Salmon-fishing boats limited to one this length will be regarded as prima seine. any description, and no additional net 221.15 Size of beach seines. of any kind shall be carried on such boat. facie evidence of unlawful taking.* 221.16 Commercial salmon fishing prohibited The carrying of arty additional seine or S ec. 220.17 Protection of small razor after September 30, except by clams. Any razor clam measuring less trolling. net of any kind on a boat towed by any 221.17 Taking of small king salmon by com­ herring-fishing boat is prohibited. These than 4 x/2 inches in total length of shell mercial trailers prohibited. prohibitions shall not apply to pound shall be returned alive immediately to the 221.18 Trolling gear. seines used exclusively for impounding hole from which it was removed in the 221.19 Traps and purse seines prohibited, salmon fishing. herring or to seines used exclusively course of digging operations.* 221.20 Operation of stake and anchored gill within waters enclosed by such pound S e c . 220.18 Minimum size of butter nets. seines.* clams to be taken commercially. It is 221.21 Motor-propelled salmon gill net boats prohibited in lagoons and inlets. S e c . 220.10 Size of purse seines, com­ prohibited to take for commercial pur­ 221.22 Weekly closed period, salmon fishing. mercial herring fishing. Commercial poses any butter clam (SaxidQmus) 221.23 Waters closed to commercial salmon fishing for herring, including bait fish­ measuring less than 2 inches in total fishing. ing, by means of any purse seine more length of shell. Possession of any but­ S e c . 221.1 Definition, Southeastern than 1,250 meshes in depth, more than ter clam of less than this length will be Alaska area; subdivisions. The South­ 180 fathoms in length, or of mesh less regarded as prima facie evidence of eastern Alaska area is hereby defined to than 1V2 inches stretched measure be­ unlawful taking.* include all territorial coastal and tribu­ tween knots is prohibited: Provided, Southeastern Alaska Area— Shrimp tary waters of Alaska extending from That any purse seine may have in addi­ Fishery Dixon Entrance on the south to and in­ tion a strip along the bottom not to ex­ cluding Yakutat Bay on the north. This ceed 30 meshes in depth and of mesh S e c . 220.19 Closed season, commer­ area is subdivided into the following dis­ not less than 4 inches stretched measure cial fishing for shrimp. Commercial tricts, wherein regulations shall be effec­ between knots. No extension to any fishing for shrimps is prohibited in the tive as follows:* 926 FEDERAL REGISTER, Wednesday, February 15, 1939

Sec. 221.2 Definition, YaJcutat dis­ stake, set, or anchored nets used by any S e c . 221.20 Operation of stake and trict. All territorial waters within a individual shall not exceed 75 fathoms anchored gill nets. Stake and anchored line extending from Cape Fairweather measured on the cork line.* gill nets shall be operated in substantially at 58 degrees 49 minutes north latitude, S e c . 221.10 Opening date for commer­ a straight line.* 138 degrees west longitude, to Mount cial salmon fishing other than -trolling, S e c . 221.21 Motor-propelled salmon Fairweather, thence following the inter­ except in Monti Bay and Dry Bay. Ex­ gill net boats prohibited in lagoons and national boundary to a point at 140 de­ cept in Monti Bay and contiguous waters inlets. The use of power boats in oper­ grees 28 minutes west longitude, thence and in Dry Bay, commercial fishing for ating drift gill nets is prohibited in all south to a point at 59 degrees 36 min­ salmon is prohibited prior to June 18: lagoons and inlets.* utes north latitude, 140 degrees 28 min­ Provided, That this prohibition shall not S ec. 221.22 Weekly closed period, utes west longitude, thence to Cape Fair- apply to trolling.* salmon fishing. The 36-hour closed pe­ weather at the point of beginning.* S ec. 221.11 Opening date for com­ riod for salmon fishing prescribed by sec­ S e c . 221.3 Total aggregate length of mercial salmon fishing in Monti Bay and tion 5 of the act of June 6,1924, is hereby gill nets, salmon fishing boats. The total Dry Bay. In Monti Bay and contiguous extended to include the period from 6 aggregate length of gill nets on any Salm­ waters and in Dry Bay,-commercial fish­ o’clock postmeridian of Friday of each on fishing boat, or in use by such boat, ing for salmon is prohibited prior to week until 6 o’clock antemeridian of the shall not exceed 150 fathoms hung meas­ May 15 in each year.* Monday following, making a weekly ure in length, or 35 meshes in depth. S e c . 221.12 Marking of salmon gill closed period of 60 hours.* For the purpose of determining depths nets. Each gill net in operation shall be of gill nets measurements will be upon marked by a cluster of floats or corks at S e c . 221.23 Waters closed to commer­ the basis of 5 V2 inches stretched meas­ the ends, and double floats or corks shall cial salmon fishing. All commercial ure.* be attached to the cork line at 25-fathom fishing for salmon is prohibited, as fol­ lows: S e c . 221.4 Waters open to commer­ intervals. H ie clusters of floats or corks cial salmon fishing by drift gill nets only. at the ends and the double floats or corks (a) Ankau Creek and Inlet. Along the outside coast from Cape Fair- at the 25-fathom intervals shall be (b) The. “Basin’* above Dry Bay.* weather to Ocean Cape commercial fish­ painted bright red. The clusters at the ing for salmon shall be conducted solely ends shall also be legibly and plainly PART 222. SOUTHEASTERN ALASKA AREA, ICY by drift gill nets. The use of all other marked with the initials of the operator.* STRAIT DISTRICT, SALMON FISHERIES forms of gear is prohibited.* S e c . 221.13 Opening date for commer­ Sec. S e c . 221.5 Waters open to commer­ cial salmon fishing with large mesh gear 222.1 Definition,- Southeastern Alaska area; cial salmon fishing by stake, set, or an­ in Situk Inlet. Commercial fishing for subdivisions. 222.2 Definition, Icy Strait district. chored gill nets only. In Situk Inlet, salmon by means of any gill net having 222.3 Total aggregate length of gill nets, Ahrnklin Inlet, Dangerous Inlet, Ahquay mesh of more than 5 V2 inches stretched salmon fishing boats. Inlet, and Dry Bay, commercial fishing measure between knots is prohibited in 222.4 Operation of stake and anchored gill for salmon shall be conducted solely by Situk Inlet prior to August 10 in each nets. 222.5 Minimum distance between traps. stake, set, or anchored gill nets: Pro­ year.* 222.6 Size of floating salmon; traps. vided, That such fishing by means of S e c . 221.14 Salmon-fishing boats lim­ 222.7 Salmon-fishing boats limited to one beach seines is permitted in Situk Inlet ited to one seine. No salmon-fishing seine; size of seine. during the period from August 5 to Au­ boat shall carry or operate more than 222.8 Closed seasons, commercial salmon fishing west of Point Adolphus and gust 30, both dates inclusive.* one seine of any description, and no ad­ Point Gustavus. S e c . 221.6 Length of stake, set, or an­ ditional net of any kind shall be carried 222.9 Closed seasons, commercial salmon chored gill nets in Monti Bay. In Monti on such boat. The carrying of any ad­ fishing east of Point Adolphus and Bay and contiguous waters no stake, set, Point Gustavus. ditional seine or net of any kind on a 222.10 Traps prohibited commercial salmon or anchored gill net shall exceed 50 boat towed by any salmon-fishing boat fishing from October 1 to October 15. fathoms in length measured on the cork is prohibited.* 222.11 Taking of small king salmon by com­ line, and in these waters the total ag­ S e c . 221.15 Size of beach seines. mercial trollers prohibited. gregate length of all stake, set, or an­ 222.12 Beach seines prohibited. Commercial fishing for salmon by means 222.13 Maximum length of salmon purse chored nets used by any individual shall of any beach seine less than 75 fathoms seine boats. not exceed 100 fathoms measured on hung measure in length or less than 4 222.14 Trolling gear. the cork line.* fathoms hung measure in depth is pro­ 222.15 Waters of Dundas Bay in which com­ mercial salmon fishing is prohibited, S e c . 221.7 Length of stake, set, or hibited. For the purpose of determining except by gill nets. anchored giU nets in Situk Inlet. In depths of seines, measurements will be 222.16 Waters of Idaho Inlet in which com­ Situk Inlet no stake, set, or anchored upon the basis of 3 ^ inches stretched mercial salmon fishing with seines gill net shall exceed 25 fathoms in length measure between knots.* is prohibited. 222.17 Waters of Port ' Frederick in which measured on the cork line, and in these ", S ec. 221.16 Commercial salmon fish­ commercial salmon fishing is pro­ waters the total aggregate length of all ing prohibited after September 30, except hibited. stake, set, or anchored nets used by any by trolling. Commercial fishing for 222.18 Areas open to salmon traps. 222.19 Waters of Glacier Bay in which com­ individual shall not exceed 25 fathoms salmon, except by trolling, is prohibited mercial salmon fishing is prohibited. measured on the cork line.* for the remainder of each calendar year S e c . 221.8 Length of stake, set, or after September 30.* S e c . 222.1 Definition, Southeastern anchored giU nets in Ahrnklin Inlet and S ec. 221.17 Taking of small king Alaska area; subdivisions. The South­ Dangerous Inlet. In Ahrnklin Inlet and salmon by commercial trotters prohibited, j eastern Alaska area is hereby defined to in Dangerous Inlet no stake, set, or an­ In commercial trolling operations no include all territorial coastal and tribu­ chored gill net shall exceed 30 fathoms king salmon shall be caught which when tary waters of Alaska extending from in length measured on the cork line, and dressed will weigh less than 6 pounds. Dixon Entrance on the south to and in these waters the total aggregate length In the event any such undersized salmon including Yakutat Bay on the north. of all stake, set, or anchored nets used are thus taken, they must be carefully This area is subdivided into the follow­ by any individual shall not exceed 60 removed from the hook, without jerking ing districts, wherein regulations” shall fathoms measured on the cork line.* or other action causing injury and re­ be effective as follows:* Sec. 221.9 Length of stake, set, or turned to the water alive.* S e c . 222.2 Definition, Icy Strait dis­ anchored gill nets in Dry Bay and Ah­ S e c . 221.18 Trolling gear. No trolling trict. All territorial waters within a line quay Inlet. In Dry Bay and in Ahquay boat shall operate more than four troll­ extending from a point west of Yakobi Inlet no stake, set, or anchored gill net ing lines.* Island at 58 degrees north latitude, 136 shall exceed 25 fathoms in length meas­ S e c . 221.19 Traps and purse seines degrees 51 minutes west longitude, to a ured on the cork line, and in these prohibited, salmon fishing. The use of point at 58 degrees north latitude, 134 waters the total aggregate length of all any trap or purse seine is prohibited.* degrees 58 minutes west longitude, FEDERAL REGISTER, Wednesday, February IS, 1939 927 thence north to the light at Point Au­ S e c . 222.10 Traps prohibited, com­ (c) Island west of Three Hill Island, gusta, thence to the southeastern ex­ mercial salmon fishing from October 1 Cross Sound: Shore of island west of tremity of Point Couverden, thence to to October 15. Commercial fishing for Three Hill Island located at 58 degrees Mount Harris, thence following the in­ salmon by means of any trap is prohib­ 10 minutes 11 seconds north latitude, 136 ternational boundary to Mount Pair- ited in the period from 6 o’clock ante­ degrees 24 minutes 33 seconds west lon­ weather, thence to Cape Pairweather at meridian October 1 to 6 o’clock post­ gitude. 58 degrees 49 minutes north latitude, 138 meridian October 15.* (d) Chichagof Island: Along the coast degrees west longitude, thence to the S e c . 222.11 Taking of small king of the north side of Chichagof Island point of beginning at 58 degrees north salmon by commercial trotters prohibited. within 2,500 feet of a point at 58 degrees latitude, 136 degrees 51 minutes west In commercial trailing operations no 13 minutes 12 seconds north latitude, 136 longitude.’1' king salmon shall be caught which when degrees 9 minutes 38 seconds west longi­ S e c . 222.3 Total aggregate length of dressed will weigh less than 6 pounds. tude. gill nets, salmon fishing boats. The In the event any such undersized salmon (e) Chichagof Island: North coast total aggregate length of gill nets on any are thus taken, they must be carefully within 1,000 feet westerly from Eagle salmon-fishing boat, or in use by such removed from the hook without jerking Point. boat, shall not exceed 250 fathoms hung or other action causing injury and re­ (f) Chichagof Island: North coast measure.* turned to the water alive.* from a point west of Point Adolphus at 58 S e c . 222.4 Operation of stake and an­ S e c . 222.12 Beach seines prohibited. degrees 15 minutes 38 seconds north lat­ chored gill nets. Stake and anchored The use of any beach seine is prohib­ itude southwesterly to a point at 58 de­ gill nets shall be operated in substan­ ited.* grees 14 minutes 56 seconds north lati­ tially a straight line.* S e c . 222.13 Maximum length of salm­ tude, 135 degrees 53 minutes 34 seconds S e c . 222.5 Minimum distance betiaeen on purse seine boats. No boat used in west longitude. traps. The distance by most direct water operating any purse seine shall be longer (g) Lemesurier Island: Northwestern measurement from any part of one trap than 50 feet, as shown by official register ! coast within 2,500 feet of a point at 58 to any part of another trap shall not be length.* degrees 17 minutes 30 seconds north less than lYz statute miles.* S e c . 222.14 Trotting gear. No troll­ latitude, 136 degrees 8 minutes west S e c . 222.6 Size of floating salmon ing boat shall operate more than four longitude. traps. No floating trap shall exceed 900 trolling lines.* (h) Mainland: Within 2,500 feet of a feet in length when any part of such S e c . 222.15 Waters of Dundas Bay in point near Point Gustavus at 135 degrees trap is in a greater depth of water than which commercial salmon fishing is pro­ 53 minutes 42 seconds west longitude. 100 feet at mean high tide. The length hibited, except by gill nets. Commercial (i) Pleasant Island: Southern coast of any such trap shall be as measured fishing for salmon, except by gill nets, (1) from the western extremity of the along the lead from shore at mean high is prohibited in Dundas Bay north of 58 island easterly to 135 degrees 39 minutes tide to the outer face of the pot.* degrees 21 minutes 8 seconds north lati­ 51 seconds west longitude, and (2) from S e c . 222.7 Salmon-fishing boats lim­ tude.* 135 degrees 35 minutes 30 seconds west ited to one seine; size of seine. No salm­ S e c . 222.16 Waters of Idaho Inlet in longitude to 135 degrees 33 minutes 1 on-fishing boat shall carry or operate which commercial salmon fishing with second west longitude. more than one seine of any description, seines is prohibited. Commercial fishing (j) Porpoise Islands: West coast of and no additional net of any kind shall for salmon by means of any seine is pro­ southernmost Island within 2,500 feet of be carried on such boat. The carrying of hibited in Idaho Inlet south of 58 degrees a point at 58 degrees 19 minutes 8 sec­ any additional seine or net of any kind 8 minutes 20 seconds north latitude.* onds north latitude, 135 degrees 27 min­ on a boat towed by any salmon-fishing S ec. 222.17 Waters of Port Frederick utes 22 seconds west longitude. boat is prohibited. No purse seine shall in which commercial salmon fishing is (k) Mainland: Along the coast on the be less than 175 meshes nor more than prohibited. Commercial fishing for east side of Excursion Inlet from 58 250 meshes in depth nor less than 150 salmon is prohibited in Port Frederick, degrees 17 minutes 8 seconds north lati­ fathoms nor more than 200 fathoms in northern shore of Chichagof Island, in tude southward to 135 degrees 8 minutes length, measured on the cork line. For all waters east of a line from Inner Point 31 seconds west longitude. the purpose of determining depths of Sophia to Game Point and in all waters (l) Chichagof Island: Northeastern seines measurements will be upon the south of 58 degrees 4 minutes 8 seconds coast (1) within 2,500 feet of a point at basis of 3% inches-stretched measure be­ north latitude, except that trolling will 58 degrees 8 minutes 40 seconds north tween knots. The extension to any seine be permitted from November 1 to June 1, latitude, 135 degrees 23 minutes 59 sec­ in the way of leads exceeding 25 fathoms both dates inclusive. A portion of the onds west longitude, and (2) from 135 in length is prohibited.* waters closed is in the western district.* degrees 20 minutes west longitude to 135 SEc. 222.8 Closed seasons, commercial S e c . 222.18 Areas open to salmon degrees 11 minutes 11 seconds west salmon fishing west of Point Adolphus traps. The use of any trap for the cap­ longitude. and Point Gustavus. Commercial fish­ (m) Chichagof Island: Northwestern ing for salmon, other than trolling, west ture of salmon is prohibited, except as follows: coast within 2,500 feet of a point at 135 of a line from Point Adolphus to Point degrees 1 minute 31 seconds west Gustavus is prohibited prior to 6 o’clock (a) Mainland: Prom the east side of longitude. antemeridian June 20, from 6 o’clock Dundas Bay at 58 degrees 20 minutes postmeridian August 4 to 6 o’clock ante­ 8 seconds north latitude to a point 1,000 S e c . 222.19 Waters of Glacier Bay in meridian October 1, and for the re­ feet east of Point Dundas. which commercial salmon fishing is pro­ mainder of each calendar year after 6 (b) Inian Islands: Along the coast hibited. All commercial fishing for sal­ o’clock postmeridian October 15.* (1) within 2,500 feet of a point at 58 mon is prohibited in Glacier Bay north S ec. 222.9 Closed seasons, commercial degrees 16 minutes 18 seconds north lati­ of 58 degrees 27 minutes 54 seconds salmon fishing east of Point Adolphus tude, 136 degrees 20 minutes 27 seconds north latitude.* and Point Gustavus. Commercial fish­ west longitude, (2) within 2,500 feet of PART 223. SOUTHEASTERN ALASKA AREA, ing for salmon, other than trolling, east a point on the northwestern island at WESTERN DISTRICT, SALMON FISHERIES of a line from Point Adolphus to Point 58 degrees 15 minutes 34 seconds north Sec. Gustavus is prohibited prior to 6 o’clock latitude, 136 degrees 23 minutes 35 sec­ 223.1 Definition, Southeastern Alaska area; antemeridian June 20, from 6 o’clock onds west longitude, and (3) within subdivisions. postmeridian August 7 to 6 o’clock ante­ 1,000 feet of a point at 58 degrees 14 223.2 Definition, Western district. meridian October 1, and for the re­ minutes 9 seconds north latitude, 136 de­ 223.3 Total aggregate length of gill nets, mainder of each calendar year after 6 salmon, fishing boats. grees 20 minutes 6 seconds west longi­ 223.4 Operation of stake and anchored giU o’clock postmeridian October 15.* tude. nets. 928 FEDERAL REGISTER, Wednesday, February 15, 1939

Bec. boat, shall not exceed 250 fathoms hung the remainder of each calendar year 223.5 Minimum distance between traps. measure.* after 6 o’clock postmeridian October 15.* 223.6 Size of floating salmon traps. 223.7 Salmon-fishing boats limited to one S e c . 223.4 Operation of stake and an­ Sec. 223.11 Traps prohibited, com­ seine; size of seine. chored gill nets. Stake and anchored mercial salmon fishing from October 1 223.8 Closed seasons, commercial salmon gill nets shall be operated in substan­ to October 15. Commercial fishing for fishing north of Point Couverden. tially a straight line.* 223.9 Closed seasons, commercial salmon salmon by means of any trap is prohib­ fishing south of Point Couverden S e c . 223.5 Minimum distance between ited in the period from 6 o’clock ante­ to 58 degrees north latitude. traps. The distance by most direct meridian October 1 to 6 o’clock post­ 223.10 Closed seasons, commercial salmon water measurement from any part of one meridian October 15.* fishing south of 58 degrees north latitude. trap to any part of another trap shall Sec. 223.12 Closed season, commercial 223.11 Traps prohibited, commercial salmon not be less than 1 statute mile.* salmon fishing other than trolling in fishing from October 1 to October 15. S e c . 223.6 Size of floating salmon Tenakee Inlet. Commercial fishing for 223.12 Closed season, commercial salmon fishing other than trolling in Tena­ traps. No floating trap shall exceed 900 salmon, other than trolling, is prohibited kee Inlet. feet in length when any part of such in Tenakee Inlet from 6 o’clock post­ 223.13 Beach seines prohibited. trap is in a greater depth of water than meridian July 24 to 6 o’clock antemerid­ 223.14 Maximum length of 'salmon purse 100 feet at mean high tide. The length ian October 1 in each year.* seine boats. 223.15 Trolling gear. of any such trap shall be as measured S e c . 223.13 Beach seines prohibited. 223.16 Taking of small king salmon by com­ along the lead from shore at mean high The use of any beach seine is prohibited.* mercial trollers prohibited. tide to the outer face of the pot.* S e c . 223.14 Maximum length of salm­ 223.17 Salmon purse semes prohibited in S e c . 223.7 Salmon-fishing boats lim­ No boat used in northern section of Lynn Canal. on purse seine boats. 223.18 Waters of Chilkat Inlet in which com­ ited to one seine; size of seine. No salm­ operating any purse seine shall be longer mercial salmon fishing is prohibited. on fishing boat shall carry or operate than 50 feet as shown by official register 223.19 Waters of Chilkoot Inlet in which more than one seine of any description length.* commercial salmon fishing is pro­ hibited. and no additional net of any kind shall Sec. 223.15 Trolling gear. No troll­ 223.20 Waters of Tenakee Inlet and Fresh­ be carried on such boat. The carrying ing boat shall operate more than four water Bay in which commercial of any additional seine or net of any trolling lines.* salmon fishing is prohibited. kind on a boat towed by any salmon S e c . 223.16 223.21 Waters of Port Frederick in which Taking of small king commercial salmon fishing is pro­ fishing boat is prohibited. No purse salmon by commercial trollers prohibited. hibited. seine shall be less than 175 meshes nor In commercial trolling operations no 223.22 Areas open to salmon traps. more than 250 meshes in depth, nor less king salmon shall be caught which when 223.23 Waters closed to commercial salmon fishing. than 150 fathoms nor more than 200 dressed will weigh less than 6 pounds. fathoms in length measured on the cork In the event any such undersized salmon S e c . 223.1 Definition, Southeastern line. For the purpose of determining are thus taken, they must be carefully Alaska area; subdivisions. The South­ depths of seines, measurements will be removed from the hook without jerking eastern Alaska area is hereby defined to upon the basis of 3M> inches stretched or other action causing injury and re­ include all territorial coastal and tribu­ measure between knots. The extension turned to the water alive.* tary waters of Alaska extending from to any seine in the way of leads exceed­ S e c . 223.17 Salmon purse seines pro­ Dixon Entrance on the south to and in­ ing 25 fathoms in length is prohibited.* hibited in northern section of Lynn cluding Yakutat Bay on the north. This S e c . 223.8 Closed seasons, commer­ Canal. Purse seines are prohibited in area is subdivided into the following dis­ cial salmon fishing north of Point Cou­ Lynn Canal and contiguous waters tricts, wherein regulations shall be effec­ verden. Commercial fishing for salmon, north of 58 degrees 34 minutes 10 sec­ tive as follows: * other than trolling, north of a true line onds north latitude.* Sec. 223.2 Definition, Western dis­ eastward from the southeastern extrem­ S e c . 223.18 Waters of Chilkat Inlet trict. All territorial waters within a line ity oft Point Couverden is prohibited in which commercial salmon fishing is extending from a point off Cape Omma- prior to 6 o’clock antemeridian June 20 prohibited. Commercial fishing for salm­ ney at 56 degrees 6 minutes north lati­ and after 6 o’clock postmeridian Au­ on in Chilkat Inlet is prohibited north tude, 134 degrees 51 minutes west longi­ gust 10 in each calendar year: Provided, of a line from Green Point passing across tude, to a point off Cape Edgecumbe at That this prohibition shall not apply to the southern shore of Pyramid Island to 57 degrees north latitude, 136 degrees 4 the use of gill nets from 6 o’clock post­ the northern shore of Chilkat Inlet.* minutes west longitude, thence to a point meridian August 10 to 6 o’clock post­ S e c . 223.19 Waters of Chilkoot Inlet at 58 degrees north latitude, 136 degrees meridian August 31 in Lynn Canal and in which commercial salmon fishing is 51 minutes west longitude, thence east to contiguous waters north of the north prohibited. Commercial fishing for 134 degrees 58 minutes west longitude, end of Sullivan Island.* salmon in Chilkoot Inlet within a line 1 thence north to the light at Point Au­ S e c . 223.9 Closed seasons, commercial statute mile from the mouth of Chilkoot gusta, thence to the southeastern ex­ salmon fishing south of Point Couverden River is prohibited.* tremity of Point Couverden, thence to to 58 degrees north latitude. Commer­ Sec. 223.20 Waters of Tenakee Inlet Mount Harris, thence following the in­ cial fishing for salmon, other than troll­ and Freshwater Bay in which commer­ ternational boundary to Mount Ogilvie, ing, from a true line eastward from the cial salmon fishing is prohibited. Com­ thence to the northern extrem ity. of southeastern extremity of Point Couver­ mercial fishing for salmon is prohibited Shelter Island, thence to the northern den south to 58 degrees north latitude is (1) in all bays tributary to Tenakee In­ extremity of Mansfield Peninsula, thence prohibited prior to 6 o’clock antemerid­ let and in the waters of Tenakee Inlet following the watersheds on Mansfield ian July 1, from 6 o’clock postmeridian west of 135 degrees 40 minutes west lon­ Peninsula and Admiralty Island to the August 15 to 6 o’clock antemeridian Oc­ gitude, and (2) within 1 statute mile of southern extremity of Point Gardner, tober 1, and for the remainder of each the mouths of all salmon streams in thence west to the watershed on Baranof calendar year after 6 o’clock postmerid­ Freshwater Bay: Provided, That these Island, thence following the watershed to ian October 15.* prohibitions shall not apply to trolling the southern extremity of Cape Omma- S e c . 223.10 Closed seasons, commer­ from January 1 to 6 o’clock postmeridian ney, thence to the point of beginning at cial salmon fishing south of 58 degrees August 24.* 56 degrees 6 minutes north latitude, 134 north latitude. Commercial fishing for S e c . 223.21 Waters of Port Frederick degrees 51 minutes west longitude.* salmon, other than trolling, south of 58 in which commercial salmon fishing is S e c . 223.3 Total aggregate length of degrees north latitude is prohibited prior prohibited. Commercial fishing for gill nets, salmon fishing boats. The to 6 o’clock antemeridian July 5, from 6 salmon is prohibited in Port Frederick, total aggregate length of gill nets on any o’clock postmeridian August 18 to 6 northern shore of Chichagof Island, in salmon fishing boat, or in use by such o’clock antemeridian October 1, and for all waters east of a line from Inner Point FEDERAL REGISTER, Wednesday, February 15, 1939 929

Sophia to Game Point, and in all waters (j) Mansfield Peninsula: West coast (h) Rodman Bay, northeast coast of south of 58 degrees 4 minutes 8 seconds within 2,500 feet of a point at 58 degrees Baranof Island: All waters west of 135 north latitude, except that trolling will 16 minutes 2 seconds north latitude. degrees 21 minutes 59 seconds west longi­ be permitted from November 1 to June (k) Mansfield Peninsula: West coast tude. 1, both dates inclusive. A portion of the (1) from the south point of entrance to (i) Sitkoh Bay, southeast shore of waters closed is in the Icy Strait district.* Punter Bay to 58 degrees 10 minutes 45 Chichagof Island: All waters within 1,000 S e c . 223.22 Areas open to salmon seconds north latitude, and (2) from 58 yards of the mouth of any salmon traps. The usé of any trap for the cap­ degrees 9 minutes 37 seconds north lati­ stream. ture of salmon is prohibited, except as tude to the southern extremity of the (j) Basket Bay, east coast of Chicha­ follows: peninsula at the north side of the en­ gof Island: All waters within the bay. (a) Baranof Island: Northwest coast trance to Hawk Inlet. (k) Hawk Inlet, west coast of Admi­ beginning at a point 1,000 yards south­ (l) Admiralty Island: West coast (1) ralty Island: All waters of the inlet and ward of Point Kakul and extending from 57 degrees 38 minutes 7 seconds its tributaries. southward Vfe statute mile. north latitude to 57 degrees 39 minutes (l) Salt Lake Lagoon, Takanis Bay, (b) Baranof Island: Northwest coast 22 seconds north latitude, (2) from 57 southwest shore of Yakobi Island: All within 2,500 feet of a point at 57 degrees degrees 40 minutes 47 seconds north lat­ waters in the Lagoon and within 500 20 minutes 19 seconds north latitude, 135 itude to 57 degrees 43 minutes 45 sec­ yards of its mouth. degrees 40 minutes 13 seconds west longi­ onds north latitude, (3) from 57 degrees (m) Redfish Bay, southwest shore of tude. 50 minutes 2 seconds north latitude to 57 Baranof Island: All waters above a true (c) Chichahof Island: Southwest degrees 51 minutes 7 seconds north lati­ east and west line passing through the coast within 2,500 feet of a point at 57 tude, (4) from 57 degrees 53 minutes 30 southern end of the Second Narrows. degrees 23 minutes 7 seconds north lati­ seconds north latitude to 57 degrees 56 (n) Still Harbor, west coast of Bara­ tude, 135 degrees 39 minutes 56 seconds minutes 27 seconds north latitude, and nof Island: All waters in the harbor. west longitude. (5) from 57 degrees 57 minutes 24 sec­ (o) Port Banks, off Whale Bay, west (d) Chichagof Island: East coast (1) onds north latitude to 58 degrees 2 min­ coast of Baranof Island: All waters in within 2,500 feet of a point at 58 degrees utes 7 seconds north latitude. Port Banks. 1 minute 43 seconds north latitude, 134 (m) Admiralty Island: West coast (p) Redoubt Bay, west coast of Bara­ degrees 55 minutes 59 seconds west longi­ from 57 degrees 22 minutes 7 seconds nof Island: All waters within 1,000 yards tude, (2) within 2,500 feet of a point at north latitude to Distant Point. of the mouth of the stream flowing from 57 degrees 59 minutes 11 seconds north (n) Killisnoo Island: South coast Redoubt Lake.* latitude, 134 degrees 54 minutes 34 sec­ from 134 degrees 35 minutes 59 seconds PART 224. SOUTHEASTERN ALASKA AREA, onds west longitude, (3) within 2,500 feet west longitude to Point Samuel. EASTERN DISTRICT, SALMON FISHERIES of a point at 57 degrees 56 minutes 56 (o) Admiralty Island,- West coast (1) Sec. seconds north latitude, 134 degrees 55 from a point north of Wilson Cove at 57 224.1 Definition, Southeastern Alaska area; minutes 7 seconds west longitude, and (4) degrees 10 minutes 37 seconds north lati­ subdivisions. within 2,500 feet of a point at 57 degrees tude to 57 degrees 10 minutes 47 seconds 224.2 Definition, Eastern District. 52 minutes 7 seconds north latitude, 134 224.3 Total aggregate length of gill nets, north latitude, (2) from 57 degrees 12 salmon fishing boats. degrees 57 minutes 51 seconds west longi­ minutes 37 seconds north latitude to 57 224.4 Operation of stake and anchored gill tude. degrees 13 minutes 7 seconds north lati­ nets. (e) Chichagof Island: East coast (1) 224.5 Minimum distance between traps. tude, and (3) within 1,000 feet of a point 224.6 Size of floating salmon traps. from 57 degrees 48 minutes 52 seconds at 57 degrees 13 minutes 57 seconds 224.7 Salmon fishing boats limited to one north latitude to 57 degrees 48 minutes north latitude.* seine; size of seine. 25 seconds north latitude, (2) within 224.8 Opening dates for commercial salmon 2.500 feet of a point at 57 degrees 44 S e c . 223.23 Waters closed to commer­ fishing other than trolling. cial salmon fishing. All commercial 224.9 Open and closed seasons, commercial minutes 18 seconds north latitude, 134 salmon fishing other than trolling. degrees 55 minutes 4 seconds west longi­ fishing for salmon is prohibited as fol­ 224.10 Waters of Taku Inlet in which com­ tude, (3) within 2,500 feet of a point at lows: mercial salmon fishing is prohib­ ited. 57 degrees 39 minutes 36 seconds north (a) Wilson Cove, southwestern shore 224.11 Traps prohibited, commercial salmon latitude, 134 degrees 53 minutes 45 sec­ of Admiralty Island: All waters within fishing from October 1 to October onds west longitude, (4) from 57 degrees the cove. 15. 36 minutes 37 seconds north latitude to 224.12 Beach seines prohibited. (b) Whitewater Bay, southwestern 224.13 Maximum length of salmon purse 57 degrees 35 minutes 52 seconds north shore of Admiralty Island: All waters seine boats. latitude, and (5) within 2,500 feet of a within a line from Point Caution to 224.14 Trolling gear. point at 57 degrees 30 minutes 4 seconds Woody Point. 224.15 Taking of small king salmon by com­ north latitude, 134 degrees 49 minutes 38 mercial trailers prohibited. (c) Chaik Bay, southwestern shore of 224.16 Length of gill nets in Taku Inlet. seconds west longitude. Admiralty Island: All waters east of 134 224.17 Areas open to salmon traps. (f) Chichagof Island: Southeast coast 224.18 Waters closed to commercial salmon degrees 28 minutes 59 seconds west fishing. within 1,500 feet of a point at 57 degrees longitude. 27 minutes 32 seconds north latitude, (d) Kootznahoo Inlet, western shore S e c . 224.1 Definition, Southeastern 134 degrees 55 minutes 59 seconds west Alaska area; subdivisions. The South­ longitude. of Admiralty Island: All waters within the inlet. eastern Alaska area is hereby defined to (g) Baranof Island: East coast from a include all territorial coastal and tribu­ (e) Warm Spring Bay, eastern shore point V2 statute mile south of Point tary waters of Alaska extending from of Baranof Island: All waters within the Thatcher to a point at 57 degrees 23 Dixon Entrance on the south to and in­ bay. minutes 37 seconds north latitude. cluding Yakutat Bay on the north. This (h) Baranof Island: East coast from (f) Kelp Bay, east coast of Baranof area is subdivided into the following dis­ a point Vî statute mile southeasterly of Island: All waters in Middle Arm, and tricts, wherein regulations shall be effec­ South Point to the north side of the en­ all waters in South Arm west of 134 tive as follows:* trance to Cosmos Cove. degrees 56 minutes 59 seconds west S e c . 224.2 Definition, Eastern District. (i) Baranof Island: East coast within longitude. All territorial waters within a line ex­ 2.500 feet of a point at 57 degrees 11 (g) Hanus Bay, northeast shore of tending from a point near the Hazy Is­ minutes 3 seconds north latitude, 134 de­ Baranof Island: All waters in the bay lands at 55 degrees 54 minutes north lati­ grees 48 minutes 43 seconds west longi­ south of a line from Point Hanus to tude, 134 degrees 34 minutes west tude. Point Moses. longitude, to the southern end of Cape 930 FEDERAL REGISTER, Wednesday, February 15, 1939

Decision, thence following the watershed calendar year: Provided, That this pro­ ture of salmon is prohibited except as on Kuiu Island to a point on the east side hibition shall not apply to the use of gill follows: of Kuiu Island at 56 degrees 40 minutes nets in Taku Inlet after 6 o’clock ante­ (a) Mainland: From the south side of north latitude, 133 degrees 44 minutes 15 meridian May 10.* Limestone Inlet at 58 degrees 1 minute seconds west longitude, thence east S e c . 224.9 Open and dosed seasons, 52 seconds north latitude southward to a across Keku Strait, thence across Ku- commercial salmon fishing other than point at 58 degrees 1 minute 10 seconds preanof Island, passing north of Duncan trolling. Commercial fishing for salmon, north latitude. Canal, to a point on the east coast of other than trolling, is prohibited for the (b) Mainland, east side of Stephens Kupreanof Island at 56 degrees 54 min­ remainder of each calendar year after Passage: From 57 degrees 35 minutes 42 utes north latitude, thence across Fred­ 6 o’clock postmeridian August 18: Pro­ seconds north latitude, 133 degrees 37 erick Sound to Horn Cliffs on the main­ vided, That this prohibition shall not minutes 8 seconds west longitude, to 57 land, thence to Castle Mountain, thence apply to the use of drift gill nets in degrees 36 minutes 52 seconds north lati­ following the international boundary to Taku Inlet from 6 o’clock antemeridian tude, 133 degrees 39 minutes 17 seconds Mount Ogilvie, thence to the northern September 5 to 6 o’clock postmeridian west longitude. extremity of Shelter Island, thence to the September 30: And provided further, (c) Mainland, east side of Stephens northern extremity of Mansfield Penin­ That this prohibition shall not apply to Passage: Within 2,500 feet of a point at sula, thence following the watersheds of commercial fishing for salmon south of 57 degrees 28 minutes 8 seconds north Mansfield Peninsula and Admiralty Is­ 58 degrees north latitude from 6 o’clock latitude, 133 degrees 30 minutes 42 sec­ land to the southern extremity of Point antemeridian October 1 to 6 o’clock post­ onds west longitude. Gardner, thence west to the watershed meridian October 15.* (d) Mainland, east side of Stephens on Baranof Island, thence following the S e c . 224.10 Waters of Taku Inlet in Passage: Along the coast (1) within watershed to the southern extremity of which commercial salmon fishing is pro­ 2.500 feet of a point at 57 degrees 21 Cape Ommaney, thence to a point of 56 hibited. Commercial fishing for salmon minutes 18 seconds north latitude, 133 degrees 6 minutes north latitude, 134 de­ in Taku Inlet eastward of a line begin­ degrees 26 minutes 37 seconds west lon­ grees 51 minutes west longitude, thence ning on the shore northward of Taku gitude, and (2) within 2,500 feet of a to the point of beginning at 55 degrees Point at 133 degrees 58 minutes 58 sec­ point at 57 degrees 23 minutes 4 seconds 54 minutes north latitude, 134 degrees onds west longitude, thence running due north latitude, 133 degrees 27 minutes 42 34 minutes west longitude.* north to the opposite shore, thence fol­ seconds west longitude. S e c . 224.3 Total aggregate length of lowing the shore line to the mouth of (e) Mainland, Frederick Sound: From gill nets, salmon fishing boats. The total Taku River, is prohibited, except that in a point on the south side of Fanshaw aggregate length of gill nets on any these closed waters south of a line ex­ Bay at 133 degrees 32 minutes 27 seconds salmon fishing boat, or in use by such tending from a point at 58 degrees 25 west longitude to Cape Fanshaw, thence boat, shall not exceed 250 fathoms hung minutes 58 seconds north latitude, 133 southeasterly to 133 degrees 29 minutes measure.* degrees 58 minutes 35 seconds west lon­ 57 seconds west longitude. S e c . 224.4 Operation of stake and an­ gitude, to a point at 58 degrees 25 min­ (f) Admiralty Island: Southeast coast chored gill nets. Stake and anchored utes 8 seconds north latitude, 133 degrees (1) from Point Pybus to 57 degrees 18 gill nets shall be operated in substantially 55 minutes 50 seconds west longitude, minutes 57 seconds north latitude; and a straight line.* such fishing is permitted by gill nets (2) from 57 degrees 20 minutes 7 seconds S e c . 224.5 Minimum distance between from 6 o’clock antemeridian September north latitude, 133 degrees 54 minutes 58 traps. The distance by most direct 5 to 6 o’clock postmeridian September seconds west longitude, to False Point water measurement from any part of 30.* Pybus. one trap to any part of another trap S e c . 224.11 Traps prohibited, com­ (g) Admiralty Island: Southeast coast shall not be less than 1 statute mile.* mercial salmon fishing from October 1 (1) from 57 degrees 12 minutes 6 seconds S e c . 224.6 Size of floating salmon to October 15. Commercial fishing for north latitude to 57 degrees 11 minutes traps. No floating trap shall exceed 900 salmon by means of any trap is pro­ 21 seconds north latitude; (2) from 57 feet in length when any part of such hibited in the period from 6 o’clock ante­ degrees 10 minutes 36 seconds north lat­ trap is in a greater depth of water than meridian October 1 to 6 o’clock postme­ itude to Deepwater Point; (3) within 100 feet at mean high tide. The length ridian October 15.* 2.500 feet of a point at 57 degrees 8 min­ of any such trap shall be as measured S e c . 224.12 Beach seines prohibited. utes 19 seconds north latitude, 134 de­ along the load from shore at mean high The use of any beach seine is prohibited.* grees 17 minutes 16 seconds west tide to the outer face of the pot.* longitude; and (4) within 2,500 feet of a S e c . 224.13 Maximum length of salm­ Sec. 224.7 Salmon fishing boats lim­ on purse seine boats. No boat used point at 57 degrees 7 minutes 28 seconds ited to one seine; size of seine. No salm­ in operating any purse seine shall be north latitude, 134 degrees 19 minutes 30 on fishing boat shall carry or operate longer than 50 feet, as shown by official seconds west longitude. .(h) Admiralty Island: Southeast coast more than one seine of any description register length.* and no additional net of any kind shall from a point Yz statute mile southwest of S e c . 224.14 Trolling gear. No troll­ be carried on such boat. The carrying Point Brightman to a point at 57 degrees ing boat shall operate more than four 3 minutes 25 seconds north latitude, 134 of any additional seine or net of any trolling lines.* kind on a boat towed by any salmon- degrees 27 minutes 18 seconds west fishing boat is prohibited. No purse S e c . 224.15 Taking of small king longitude. seine shall be less than 175 meshes nor salmon by commercial trotters prohibited. (i) Admiralty Island: Southeast coast more than 250 meshes in depth, nor less In commercial trolling operations no within 2,500 feet of a point at 57 degrees than 150 fathoms nor more than 200 king salmon shall be caught which when 1 minute 41 seconds north latitude, 134 fathoms in length measured on the cork dressed will weigh less than 6 pounds. degrees 29 minutes 10 seconds west longi­ line. For the purpose of determining In the event any such undersized salm­ tude. depths of seines, measurements will be on are thus taken, they must be care­ (j) Kupreanof Island: Northwest coast upon the basis of 3% inches stretched fully removed from the hook without (1) from a point Yz statute mile south­ measure between knots. The extension jerking or other action causing injury east of Point Macartney northward to to any seine in the way of leads exceed­ and returned to the water alive.* the outer extremity of Point Macartney; ing 25 fathoms in length is prohibited.* S e c . 224.16 Length of gill nets in (2) from 57 degrees 3 minutes 21 seconds S e c . 224.8 Opening dates for com­ Taku Inlet. No gill net used in Taku north latitude, 134 degrees 1 minute 13 mercial salmon fishing other than troll­ Inlet shall exceed 150 fathoms in length seconds west longitude, to 57 degrees 3 ing. Commercial fishing for salmon, ex­ hung measure.* minutes 45 seconds north latitude, 134 cept by trolling, is prohibited prior to S e c . 224.17 Areas open to salmon degrees 0 minutes 58 seconds west longi­ 6 o’clock antemeridian July 5 in each traps. The use of any trap for the cap- tude; and (3) within 2,500 feet of a point FEDERAL REGISTER, Wednesday, February 15, 1939 §31

at 57 degrees 4 minutes 54 seconds north (h) Tobenkof Bay, west coast of Kuiu salmon shall be conducted solely by latitude, 133 degrees 56 minutes 13 sec­ Island: All waters of Elena Bay north trolling and by drift gill nets, which shall onds west longitude (as shown on U. S. and east of a line extending from a point not be less than 125 fathoms in length Coast and Geodetic Survey Chart No. at 56 degrees 29 minutes 56 seconds nor more than 300 fathoms in length 8200). north latitude, 134 degrees 6 minutes 28 each.* (k) Kuiu Island: Within Î4 statute seconds west longitude, southerly to a Sec. 225.4 Closed seasons, commercial mile of the western extremity of Corn­ point at 56 degrees 29 minutes 5 seconds salmon fishing except by trolling. Com­ wallis Point. north latitude, 134 degrees 5 minutes 28 mercial fishing for salmon, except by (l) Kuiu Island: Northwest coast (1) seconds west longitude. trolling, is prohibited during the period within 2,500 feet of a point at 56 degrees (i) Bay of Pillars, west coast of Kuiu from 6 o’clock antemeridian June 1 to 33 minutes 39 seconds north latitude, Island: All waters in south arm of the 6 o’clock antemeridian June 26 in each 134 degrees 15 minutes 40 seconds west bay east of 134 degrees 11 minutes 40 calendar year and for the remainder of longitude; (2) within 2,500 feet of a seconds west longitude. each year after 6 o’clock antemeridian point at 56 degrees 33 minutes 15 sec­ (j) Security Bay, northwest coast of September 23.* onds north latitude, 134 degrees 17 min­ Kuiu Island: All waters within 1,000 S e c . 225.5 Trolling gear. No trolling utes 53 seconds west longitude; (3) from yards of any salmon stream. boat shall operate more than four troll­ a point 1 statute mile north of the north (k) Saginaw Bay, northwest coast of ing lines.* side of the entrance to Washington Bay Kuiu Island: All waters of the bay within S e c . 225.6 Talcing of small king to 56 degrees 45 minutes 56 seconds a line from a point on the southwest salmon by commercial trailers prohibited. north latitude; (4) from 56 degrees 47 shore at 56 degrees 51 minutes 36 sec­ In commercial trolling operations no king minutes 51 seconds north latitude to 56 ; onds north latitude to a point on the salmon shall be caught which when degrees 48 minutes 11 seconds north lat­ northeast shore at 56 degrees 53 minutes dressed will weigh less than 6 pounds. In itude; and (5) from 56 degrees 50 min­ 6 seconds north latitude. the event any such undersized salmon utes 26 seconds north latitude to the (l) Red Bluff Bay, east coast of Bara- are thus taken, they must be carefully point at the east side of the entrance nof Island: All waters in the bay west removed from the hook without jerking to Band Cove.* of 134 degrees 45 minutes 28 seconds west or other action causing injury and re­ longitude. turned to the water alive.* S ec. 224.18 Waters closed to commer­ (m) Gut Bay, east coast of Baranof cial salmon fishing. All commercial fish­ PART 226. SOUTHEASTERN ALASKA AREA, SUM ­ Island: All waters of the bay west of NER STRAIT DISTRICT, SALMON FISHERY ing for salmon is prohibited as follows: 134 degrees 43 minutes 28 seconds west (a) Port Houghton, indenting main­ longitude. Sec. land: All waters in Sanborn Canal. (n) Little Port Walter, east coast of 226.1 Definition, Southeastern Alaska area; subdivisions. (b) Windham Bay, indenting main­ Baranof Island: All waters in Little Port 226.2 Definition, Sumner Strait District. land: All waters of the bay east of 133 Walter inside the light dolphin in the 226.3 Size and total aggregate length of gill degrees 21 minutes 57 seconds west longi­ narrows.* nets on salmon fishing boats. tude. 226.4 Operation of stake and anchored gill PART 225. SOUTHEASTERN ALASKA AREA, nets. (c) Gambier Bay, east coast of Ad­ STIKINE DISTRICT, SALMON FISHERIES 226.5 Minimum distance between traps. miralty Island: All waters west of 134 226.6 Size of floating salmon traps. degrees 2 minutes 58 seconds west longi­ Sec. 226.7 Salmon fishing boats limited to one seine; size of seine. tude. 225.1 Definition, Southeastern Alaska area; subdivisions. 226.8 Closed seasons, commercial salmon (d) Port Camden, east coast of Kuiu 225.2 Definition, Stikine District. fishing other than troUing in Ernest Island: All waters of Port Camden south 225.3 Commercial salmon fishing limited to Sound, Zimovia Strait, and Brad- trolling and drift gill nets; size cf field Canal. of 56 degrees 40 minutes 7 seconds north 226.9 Closed seasons, commercial salmon latitude. gill nets. 225.4 Closed seasons, commercial salmon fishing other than trolling; excep­ (e) Kadak Bay, east coast of Kuiu Is­ fishing except by trolling. tions. land: All waters of Kadak Bay within a 225.5 Trolling gear. 226.10 Traps prohibited, commercial salmon fishing from October 1 to October line from a point at 56 degrees 48 min­ 225.6 Taking of small king salmon by com­ mercial trailers prohibited. 15. utes 27 seconds north latitude, 133 de­ 226.11 Beach seines prohibited except in grees 56 minutes 15 seconds west longi­ S ec. 225.1 Definititon, Southeastern Wrangell Narrows; size of beach Alaska area; subdivisions. The South­ seines. tude, to a point at 56 degrees 48 minutes 226.12 Maximum length of salmon purse 47 seconds north latitude, 133 degrees 57 eastern Alaska area is hereby defined to seine boats. minutes 27 seconds west longitude. include all territorial coastal and tribu­ 226.13 Trolling gear. (f) Hamilton Bay, west coast of Ku- tary waters of Alaska extending from 226.14 Taking of small king salmon by com­ mercial trailers prohibited. preanof Island: All waters east of 133 Dixon Entrance on the south to and in­ 226.15 Anita Bay closed to commercial degrees 46 minutes 57 seconds west longi­ cluding Yakutat Bay on the north. This salmon fishing except by trolling. tude. area is subdivided into the following dis­ 226.16 Waters of Bradfleld Canal in which commercial salmon fishing is pro­ (g) Keku Strait, east coast of Kuiu tricts, wherein regulations shall be effec­ hibited. Island: Waters of Keku Strait, including tive as follows:* 226.17 Waters of Blake Channel and Eastern all waters of Big Johns Bay, enclosed by S e c . 225.2 Definition, Stikine District. Passage in which commercial salmon fishing is prohibited. a line from a point at 56 degrees 35 min­ All territorial waters within a line ex­ 226.18 Areas open to salmon traps. utes 7 seconds north latitude, 133 degrees tending from Horn Cliffs on the mainland 226.19 Waters closed to commercial salmon 42 minutes 32 seconds west longitude, to to Frederick Point on Mitkof Island, fishing. a point at 56 degrees 35 minutes 7 sec­ thence to Point Howe, thence to South S e c . 226.1 Definition, Southeastern onds north latitude, 133 degrees 39 min­ Craig Point on Zarembo Island, thence Alaska area; subdivisions. The South­ utes 57 seconds west longitude, and a line to Drag Island in Chichagof Pass, thence eastern Alaska area is hereby defined to from the northern extremity of Point to Chichagof Peals on Wrangell Island, include all territorial coastal and tribu­ Camden to a point at 56 degrees 48 min­ thence to Babbler Point on the mainland, tary waters of Alaska extending from utes 47 seconds north latitude, 133 de­ thence to Mount Cote, thence following Dixon Entrance on the south to and in­ grees 45 minutes 57 seconds west longi­ the international boundary to Castle cluding Yakutat Bay on the north. This tude. A portion of the closed waters of Mountain, thence to the point of begin­ area is subdivided into the following dis­ Big Johns Bay is north of 56 degrees 48 ning at Horn Cliffs.* tricts, wherein regulations shall be ef­ minutes 47 seconds north latitude. A S e c . 225.3 Commercial salmon fishing fective as follows: * part of the waters closed is in the Sumner limited to trolling and drift gill nets; size S e c . 226.2 Definition, Sumner Strait Strait district. of gill nets. Commercial fishing for d istrict. All territorial waters within a No. 31----s 932 FEDERAL REGISTER, Wednesday, February IS, 1939 line extending from a point near the nets shall be operated in substantially in operating any purse seine shall be Hazy Islands at 55 degrees 54 minutes a straight line.* longer than 50 feet, as shown by official north latitude, 134 degrees 34 minutes S e c . 226.5 Minimum distance between register length.* west longitude, to the southern end of traps. The distance by most direct water S e c . 226.13 Trolling gear. No troll­ Cape Decision, thence following the wa­ measurement from any part of one trap ing boat shall operate more than four tershed on Kuiu Island to a point on the to any part of another trap shall not be trolling lines.* east side of Kuiu Island at 56 degrees 40 less than 1 statute mile.* S e c . 226.14 Taking of small king minutes north latitude, 133 degrees 44 S e c . 226.6 Size of floating salmon salmon by commercial trotters prohibited. minutes 15 seconds west longitude, thence traps. No floating trap shall exceed 900 In commercial trolling operations no east across Keku Strait, thence across feet in length when any part of such king salmon shall be caught which when Kupreanof Island, passing north of Dun­ trap is in a greater depth of water than dressed will weigh less than 6 pounds. can Canal, to a point on the east coast of 100 feet at mean high tide. The length In the event any such undersized salmon Kupreanof Island at 56 degrees 54 min­ of any such trap shall be as measured are thus taken, they must be carefully utes north latitude, thence across Fred­ along the lead from shore at mean high removed from the hook without jerking erick Sound to Horn Cliffs on the main­ tide to the outer face of the pot.* or other action causing injury and re­ land, thence to Frederick Point on Mitkof S e c . 226.7 Salmon fishing boats turned to the water alive.* Island, thence to Point Howe, thence to limited to one seine; size of seine. No S e c . 226.15 Anita Bay closed to com­ South Craig Point on Zarembo Island, salmon fishing boat shall carry or operate mercial salmon fishing except by trolling. thence to Drag Island in Chichagof Pass, more than one seine of any description, Commercial fishing for salmon except by thence to Chichagof Peak on Wrangell and no additional net of any kind shall trolling, is prohibited in Anita Bay, open­ Island, thence to Babbler Point on the be carried on such boat. The carrying ing into Zimovia Strait, Etolin Island.* mainland, thence to Mount Cote, thence of any additional seine or net of any S e c . 226.16 Waters of Bradfield Canal following the international boundary to kind on a boat towed by any salmon­ in which commercial salmon fishing is Mount Lewis Cass, thence southerly and fishing boat is prohibited. No purse seine prohibited. Commercial fishing for westerly along the watershed to a point shall be less than 175 meshes nor more salmon is prohibited in all waters of at 55 degrees 45 minutes 30 seconds north than 250 meshes in depth, nor less than Bradfield Canal east of 131 degrees 55 latitude, 132 degrees west longitude, 150 fathoms nor more than 200 fathoms minutes 30 seconds west longitude: Pro­ thence in a northwesterly direction in length, measured on the cork line. vided, That this prohibition shall not ap­ through Union Point to the southern For the purpose of determining depths of ply to trolling prior to 6 o’clock ante­ extremity of Ernest Point, thence north­ seines, measurements will be upon the meridian June 1 and after 6 o’clock post­ erly to a point on Etolin Island at 55 de­ basis of 3 y2 inches stretched measure be­ meridian September 30 in each year.* grees 54 minutes 45 seconds north lati­ tween knots. The extension to any S e c . 226.17 Waters of Blake Channel tude, 132 degrees 21 minutes west longi­ seine in the way of leads exceeding 25 and Eastern Passage in which commer­ tude, thence in a northerly and westerly fathoms in length is prohibited.* cial salmon fishing is prohibited. Com­ direction along the watershed of Etolin S e c . 226.8 Closed seasons, commercial mercial fishing for salmon is prohibited Island to a point northwest of the head salmon fishing other than trolling in in all waters of Blake Channel and East­ of Mosman Inlet at 56 degrees 9 minutes Ernest Sound, Zimovia Strait, and Brad- ern -Passage between Bradfield Canal 45 seconds north latitude, 132 degrees 37 field Canal. Commercial fishing for and a line from Babbler Point to a point minutes 15 seconds west longitude, thence salmon, other than trolling, in Ernest on Wrangell Island at 56 degrees 27 southerly to a point at 56 degrees 6 min­ Sound, Zimovia Strait, and Bradfield minutes 50 seconds north latitude, 132 utes north latitude, 132 degrees 37 min­ Canal is prohibited prior to 6 o’clock degrees 17 minutes 15 seconds west utes 15 seconds west longitude, thence in antemeridian July 10 in each calendar longitude: Provided, That this prohibi­ a northwesterly direction along the wa­ year, from 6 o’clock postmeridian August tion shall not apply to trolling prior to tershed to the northern extremity of 18 to 6 o’clock antemeridian October 1 6 o’clock antemeridian June 1 and after Point Harrington, thence in a westerly in each year, and for the remainder of 6 o’clock postmeridian September 30 in direction to the northern extremity of each calendar year after 6 o’clock post­ each year.* East Island, thence in a southwesterly meridian October 15.* S ec. 226.18. Areas open to salmon direction to the southern extremity of Sec. 226.9 Closed seasons, commercial traps. The use of any trap for the West Island, thence in a westerly direc­ salmon fishing other than trolling; ex­ capture of salmon is prohibited, except tion to a point on the east shore of Prince ceptions. Commercial fishing for salmon as follows: of Wales Island at 56 degrees 9 minutes other than trolling is prohibited, except (a) Heceta Island: Western and 15 seconds north latitude, 133 degrees 2 in Ernest Sound, Zimovia Strait, and southern coast from a point at 55 de­ minutes 45 seconds west longitude, Bradfield Canal, prior to 6 o’clock ante­ grees 43 minutes 13 seconds north lati­ thence southerly along the watershed of meridian July 20 in each calendar year, tude, 133 degrees 37 minutes 20 seconds Prince of Wales Island to a point at 55 from 6 o’clock postmeridian August 22 west longitude, to a point at 55 degrees degrees 40 minutes north latitude, 132 to 6 o’clock antemeridian October 1 in 41 minutes 36 seconds north latitude, 133 degrees 50 minutes west longitude, thence each year, and for the remainder of each degrees 31 minutes 37 seconds west west to a point at 55 degrees 40 minutes calendar year after 6 o’clock postmerid­ longitude. north latitude, 134 degrees 17 minutes ian October 15.* (b) Tuxekan Island: Western coast 10 seconds west longitude, thence to the Sec. 226.10 Traps prohibited, com­ from a point at 55 degrees 52 minutes 56 point of beginning at 55 degrees 54 min­ mercial salmon fishing from October 1 seconds north latitude southerly to a utes north latitude, 134 degrees 34 min­ to October 15. Commercial fishing for point at 55 degrees 52 minutes 21 sec­ utes west longitude.* salmon by means of any trap is prohib­ onds north latitude. Sec. 226.3 Size and total aggregate ited in the period from 6 o’clock ante­ (c) Tuxekan Island: Western coast length of gill nets on salmon fishing boats. meridian October 1 to 6 o’clock post­ within 1,000 feet of the western ex­ The total aggregate length of gill nets meridian October 15.* tremity of Turn Point. on any salmon fishing boat, or in use by S e c . 226.11 Beach seines prohibited (d) Kosciusko Island: West coast within 1,500 feet of a point at 55 de­ such boat, shall not exceed 250 fathoms except in Wrangell Narrows; size of beach seines. The use of any beach seine grees 55 minutes 56 seconds north lati­ hung measure. No gill net shall be less is prohibited, except in Wrangell Nar­ tude, 133 degrees 48 minutes 22 seconds than 50 fathoms in length, and mesh rows, where beach seines not less than 65 west longitude. shall not be less than 5% inches stretched fathoms nor more than 100 fathoms in (e) Warren Island, near Kosciusko Is­ measure between knots.* length may be used.* land: East coast of Warren Island Sec. 226.4 Operation of stake and an­ S e c . 226.12 Maximum length of within 2,500 feet of a point at 55 degrees chored gill nets. Stake and anchored gill salmon purse seine boats. No boat used 51 minutes 37 seconds north latitude. FEDERAL REGISTER, Wednesday, February 15, 1939 933

(f) Kuiu Island: Southeast coast from tributary waters and within y2 statute seconds north latitude and a Une ex­ a point at 56 degrees 0 minutes 25 sec­ mile outside the mouth of Salmon Bay. tending due north from the point of land onds north latitude, 134 degrees 7 min­ (b) Red Bay, north shore of Prince of on Kosciusko Island at 56 degrees 8 min­ utes 45 seconds west longitude, to a Wales Island: All waters south of a true utes 53 seconds north latitude, 133 de­ point at 56 degrees 2 minutes 15 seconds east and west line passing through the grees 27 minutes 37 seconds west longi­ north latitude, 134 degrees 6 minutes north shore of Dead Island. tude, including all waters of Devilfish 48 seconds west longitude. (c) Olive Cove, indenting the north­ Bay. (g) Kuiu Island: East coast (1) within eastern shore of Etolin Island. (q) Shipley Bay, west coast of Kos­ 2.500 feet from a point at 56 degrees 13 (d) Thoms Place, indenting the south­ ciusko Island: All waters east of 133 de­ minutes 25 seconds north latitude, 133 western shore of Wrangell Island, Zimo- grees 33 minutes 5 seconds west longi­ degrees 52 minutes 32 seconds west longi­ via Strait. tude. tude, and (2) within 2,500 feet from a (e) Pools Inlet, southeast coast of (r) Sarkar Cove, west coast of Prince point at 56 degrees 14 minutes 30 sec­ Wrangell Island: All waters within 1 stat­ of Wales Island, tributary to El Capitan onds north latitude, 133 degrees 53 min­ ute mile of the mouth of the salmon Passage: All waters inside of a line utes west longitude. stream flowing into the head of the inlet. across the entrance. (h) Kuiu Island: East coast of penin­ (f) Duncan Canal, Kupreanof Island: (s) Tuxekan Passage and contiguous sula between Port Beauclerc and Reid All waters within 1 statute mile of any waters east of 133 degrees’ 17 minutes Bay from 56 degrees 18 minutes 36 sec­ salmon stream tributary to Duncan west longitude.* onds north latitude northward to 56 de­ Canal. PART 227. SOUTHEASTERN ALASKA AREA, grees 19 minutes 6 seconds north latitude. (g) Kah Sheets Bay, southeast coast CLARENCE STRAIT DISTRICT, SALMON FISH ­ (i) Kupreanof Island: Southwest coast of Kupreanof Island: All waters within ERIES within 5,000 feet southerly from a point 1.000 yards of the mouth of the salmon Sec. at 56 degrees 26 minutes 52 seconds north stream flowing into the head of the bay. 227.1 Definition, Southeastern Alaska area; latitude, 133 degrees 39 minutes 25 sec­ (h) Totem Bay, south coast of Ku­ subdivisions. onds west longitude. preanof Island: All waters within 1,000 227.2 Definition, Clarence Strait District. 227.3 Total aggregate length of gill nets, (j) Prince of Wales Island: Northwest yards of the mouth of any salmon stream salmon fishing boats. coast (1) within 2,500 feet of a point at flowing into the head of the bay. 227.4 Operation of stake and anchored gill 56 degrees 19 minutes 3 seconds north (i) Barrie Creek, north of Point Barrie, nets. latitude, 133 degrees 39 minutes 42 sec­ southwest shore of Kupreanof Island: 227.5 Minimum distance between traps. 227.6 Size of floating salmon traps. onds west longitude, and (2) within All waters within 1 statute mile of the 227.7 Salmon fishing boats limited to one 1.500 feet of a point on an unnamed mouth of the creek. seine; size of seine. island at the entrance to Port Protection, (j) Keku Strait, east coast of Kuiu 227.8 Closed seasons, commercial salmon fishing in northern section of Clar­ at 56 degrees 20 minutes 41 seconds Island: Waters of Keku Strait, including ence Strait. north latitude, 133 degrees 38 minutes all waters of Big Johns Bay, enclosed by 227.9 Closed seasons, commercial salmon 4 seconds west longitude. a line from a point at 56 degrees 35 min­ fishing in central section of Clarence (k) Prince of Wales Island: North utes 7 seconds north latitude, 133 degrees Strait. 227.10 Closed seasons, commercial salmon coast between 133 degrees 29 minutes 1 42 minutes 32 seconds west longitude, to fishing in southeast section of Clar­ second west longitude and 133 degrees a point at 56 degrees 35 minutes 7 sec­ ence Strait. 33 minutes 27 seconds west longitude. onds north latitude, 133 degrees 39 min­ 227.11 Closed seasons, commercial salmon fishing in southwest section of Clar­ (l) Prince of Wales Island: North utes 57 seconds west longitude, and a line ence Strait. coast between 133 degrees 23 minutes 27 from the northern extremity of Point 227.12 Traps prohibited, commercial salmon seconds west longitude and 133 degrees Camden to a point at 56 degrees 48 min­ fishing from October 1 to October 24 minutes 22 seconds west longitude. utes 47 seconds north latitude, 133 de­ 15. 227.13 Beach seines prohibited. (m) Prince of Wales Island: North grees 45 minutes 57 seconds west longi­ 227.14 Maximum length of salmon purse coast within 3,000 feet westerly of Point tude. A portion of the closed waters of seine boats. Colpoys. Big Johns Bay Is north of 56 degrees 48 227.15 Trolling gear. minutes 47 seconds north latitude. A part 227.16 Taking of small king salmon by com­ (n) Kupreanof Island: Southern coast mercial trollers prohibited. within 2,500 feet from a point at 56 de­ of the waters closed is in the eastern 227.17 Areas open to salmon traps. grees 26 minutes 14 seconds north lati­ district. 227.18 Waters closed to commercial salmon tude, 133 degrees 29 minutes 32 seconds (k) Three Mile Arm, east coast of Kuiu fishing. west longitude. Island: All waters within 1,000 yards of S e c . 227.1 Definition, Southeastern (o) Zarembo Island: Southwest coast the mouth of any salmon stream. Alaska area; subdivisions. The South­ within 2,500 feet of a point at 56 degrees (l) Seclusion Harbor, east coast of eastern Alaska area is hereby defined to 15 minutes 6 seconds north latitude, 132 Kuiu Island: All waters within the out­ include all territorial coastal and tribu­ degrees 53 minutes 27 seconds west longi­ ermost points of the harbor. tary waters of Alaska extending from tude. (m) Port Beauclerc, southeastern Dixon Entrance on the south to and in­ (p) Etolin Island: West coast (1) from coast of Kuiu Island: All waters within cluding Yakutat Bay on the north. This 56 degrees 16 minutes 50 seconds north 1.000 yards of the mouth of any salmon area is subdivided into the following dis­ latitude southerly to a point at 56 de­ stream tributary to Port Beauclerc. tricts, wherein regulations shall be effec­ grees 16 minutes 29 seconds north lati­ (n) Affleck Canal, southeastern coast tive as follows: * tude, and (.2) between Steamer Point of Kuiu Island: Bear Harbor north of S e c . 227.2 Definition, Clarence Strait light and Steamer Point. 56 degrees 15 minutes 6 seconds north d is trict.1 All territorial waters within a (q) Cleveland Peninsula: West coast latitude, and East Arm north of 56 de­ line extending from the southern ex­ within 2,500 feet of a point at 55 degrees grees 17 minutes 36 seconds north tremity of Cape Chacon, thence east 54 minutes 52 seconds north latitude, 132 latitude. along the international boundary to a degrees 3 minutes 29 seconds west longi­ (o) Calder Bay, west coast of Prince of tude.* Wales Island: All waters north of 56 de­ 1 All of the fisheries regulations herein pre­ S e c . 226.19 Waters closed to commer­ grees 11 minutes 12 seconds north lati­ scribed for the Clarence Strait district of the cial salmon fishing. All commercial fish­ Southeastern Alaska area are also applicable tude. in the waters of the Annette Island Fishery ing for salmon is prohibited, as follows: (p) El Capitan Passage, between Kos­ Reserve. This Reserve was created by Presi­ (a) Salmon Bay and tributary waters,ciusko Island and Prince of Wales Island: dential proclamation on August 28, 1916, for the use of the Metlakatla Indians who reside northeast coast of Prince of Wales is­ El Capitan Passage and contiguous in this vicinity. Part of the waters of this land: All waters within the bay and its waters between 56 degrees 7 minutes 36 Reserve are in the Southern district. 934 FEDERAL REGISTER, Wednesday, February 15, 1939

point at 131 degrees 40 minutes west carrying of any additional seine or net than 50 feet, as shown by official register longitude, thence north to a point west of any kind on a boat towed by any length.* of Point Davison at 55 degrees north salmon fishing boat is prohibited. No S e c . 227.15 Trolling gear No trolling latitude, 131 degrees 40 minutes west purse seine shall be less than 175 meshes boat shall operate more than four troll­ longitude, thence to the southern ex­ nor more than 250 meshes in depth nor ing lines.* tremity of Point Davison, thence north­ less than 150 fathoms nor more than S e c . 227.16 Taking of small king erly along the watershed of Annette Is­ 200 fathoms in length, measured on the salmon by commercial trailers prohib­ land to the northern extremity of Wal­ cork line. For the purpose of determin­ ited. In commercial trolling operations den Point, thence to the southern ex­ ing depths of seines, measurements will no king salmon shall be caught which tremity of Gravina Point, thence north­ be upon the basis of 3 Y2 inches stretched when dressed will weigh less than 6 westerly to the northern extremity of measure between knots. The extension pounds. In the event any such under­ Vallenar Point, thence to the southern to any seine in the way of leads exceed­ sized salmon are thus taken, they must extremity of Caamano Point, thence ing 25 fathoms in length is prohibited.* be carefully removed from the hook northeasterly along the watershed of S e c . 227.8 Closed seasons, commercial without jerking or other action causing Cleveland Peninsula to a point at 55 de­ salmon fishing in northern section of injury and returned to the water alive.* grees 45 minutes 30 seconds north lati­ Clarence Strait. Commercial fishing for S e c . 227.17 Areas open to salmon tude, 132 degrees west longitude, thence salmon other than trolling, north of a traps. The use of any trap for the cap­ in a northwesterly direction through line extending from Narrow Point to ture of salmon is prohibited, except as Union Point to the southern extremity of Ernest Point is prohibited prior to 6 follows: Ernest Point, thence northerly to a point o’clock antemeridian July 25, from 6 (a) Etolin Island: West coast from 56 on Etolin Island at 55 degrees 54 minutes o’clock postmeridian August 27 to 6 degrees 9 minutes 20 seconds north lati­ 45 seconds north latitude, 132 degrees 21 o’clock antemeridian October 1, and for tude southward to 56 degrees 7 minutes minutes west longitude, thence in a the remainder of each calendar year 55 seconds north latitude. northerly and westerly direction along after 6 o’clock postmeridian October 15.* (b) Etolin Island: West coast from 56 the watershed of Etolin Island to a point S e c . 227.9 Closed seasons, commercial degrees 4 minutes 35 seconds north lati­ northwest of the head of Mosman Inlet salmon fishing in central section of Clar­ tude southeasterly to 56 degrees 3 min­ at 56 degrees 9 minutes 45 seconds north ence Strait. Commercial fishing for utes 35 seconds north latitude. latitude, 132 degrees 37 minutes 15 sec­ salmon, other than trolling, between a (C) West coasts of Observation Island, onds west longitude, thence southerly to line extending from Narrow Point to a point at 56 degrees 6 minutes north lat­ Ernest Point and a line extending from Marsh Island, and the northwesternmost island of the Screen Islands group. itude, 132 degrees 37 minutes 15 seconds Approach Point to Caamano Point is (d) East Island: East coast within west longitude, thence in a northwesterly prohibited prior to 6 o’clock antemeridian 2,500 feet of a point at 56 degrees 10 direction along the watershed to the July 25, from 6 o’clock postmeridian Au­ minutes 6 seconds north latitude, 132 de­ northern extremity of Point Harrington, gust 24 to 6 o’clock antemeridian October thence in a westerly direction to the 1, and for the remainder of each calendar grees 54 minutes 13 seconds west longi­ tude. northern extremity of East Island, thence year after 6 o’clock postmeridian October (e) Prince of Wales Island: East coast in a southwesterly direction to the south­ 15.* from a point 1 statute mile south of the ern extremity of West Island, thence in S ec. 227.10 Closed seasons, commer­ a westerly direction to a point on the east cial salmon fishing in southeast section mouth of Eagle Creek to 55 degrees 55 minutes 20 seconds north latitude. shore of Prince of Wales Island, at 56 of Clarence Strait. Commercial fishing degrees 9 minutes 15 seconds north lati­ for salmon, other than trolling, south of (f) Prince of Wales Island: East coast tude, 133 degrees 2 minutes 45 seconds a line extending from Approach Point to from a point at 55 degrees 51 minutes 30 west longitude, thence southeasterly Caamano Point and east of a line ex­ seconds north latitude southeasterly to a along the watershed of Prince of Wales tending down the middle of Clarence point at 55 degrees 50 minutes 50 seconds north latitude. Island to the point of beginning at Cape Strait is prohibited prior to 6 o’clock Chacon.* antemeridian July 20, from 6 o’clock 1 (g) Prince of Wales Island: East coast from a point at 55 degrees 47 minutes 35 S e c . 227.3 Total aggregate length of postmeridian August 22 to 6 o’clock gill nets, salmon fishing boats. The total antemeridian October 1, and for the re­ seconds north latitude southeasterly to a aggregate length of gill nets on any mainder of each calendar year after 6 point at 55 degrees 46 minutes 45 seconds north latitude. salmon fishing boat, or in use by such o’clock postmeridian October 15.* (h) Onslow Island: West coast from a boat, shall not exceed 250 fathoms hung S ec. 227.11 Closed seasons, commer­ measure.* cial salmon fishing in southwest section point south of Gull Point at 55 degrees 52 minutes 57 seconds north latitude to S e c . 227.4 Operation of stake and an­ of Clarence Strait. Commercial fishing Ernest Point. chored gill nets. Stake and anchored for salmon, other than trolling, south of Ci) Cleveland Peninsula: South side of gill nets shall be operated in substan­ a line extending from Approach Point to tially a straight line.* Caamano Point and west of a line ex­ Ernest Sound within 1,500 feet of a point on the northwestern extremity of Union S e c . 227.5 Minimum distance between \ tending down the middle of Clarence Strait is prohibited prior to 6 o’clock Point at 55 degrees 48 minutes 10 seconds traps. The distance by most direct water north latitude, 132 degrees 11 minutes measurement from any part of one trap antemeridian July 20, from 6 o’clock post­ west longitude. meridian August 23 to 6 o’clock ante­ to any part of another trap shall not be (j) Cleveland Peninsula: East side of less than 1 statute mile.* meridian October 5, and for the re­ mainder of each calendar year after 6 Clarence Strait within 2,000 feet south­ S e c . 227.6 Size of floating salmon erly of a point at 55 degrees 45 minutes o’clock postmeridian October 20.* traps. No floating trap shall exceed 900 48 seconds north latitude, 132 degrees 17 feet in length when any part of such Sec. 227.12 Traps prohibited, com­ minutes 5 seconds west longitude. trap is in a greater depth of water than mercial salmon fishing from October 1 (k) Cleveland Peninsula: West coast 100 feet at mean high tide. The length to O ctober 15. Commercial fishing for (1) from a point at 55 degrees 44 min­ of any such trap shall be as measured salmon by means of any trap is prohib­ utes 12 seconds north latitude, 132 de­ along the lead from shore at mean high ited in the period from 6 o’clock ante­ grees 15 minutes 31 seconds west longi­ tide to the outer face of the pot.* meridian October 1 to 6 o’clock post­ tude, southerly to 55 degrees 43 minutes S e c . 227.7 Salmon fishing boats lim­ meridian October 15.* 5 seconds north latitude, (2) from 55 ited to one seine; size of seine. No S e c . 227.13 Beach seines prohibited. degrees 40 minutes 5 seconds north lati­ salmon fishing boat shall carry or oper­ The use of any beach seine is prohibited.* tude to 55 degrees 39 minutes 35 seconds ate more than one seine of any descrip­ S e c . 227.14 Maximum length of salm­ north latitude, (3) from 55 degrees 36 tion and no additional net of any kind on purse seine boats. No boat used in minutes 15 seconds north latitude to 55 shall be carried on such boat. The operating any purse seine shall be longer degrees 34 minutes 50 seconds north lati- FEDERAL REGISTER, Wednesday, February 15, 1939 935 tude, (4) from 55 degrees 33 minutes 35 55 degrees 22 minutes 15 seconds north (e) Twelvemile Arm, Kasaan Bay: All seconds north latitude to 55 degrees 32 latitude, 132 degrees 9 minutes 55 seconds waters tributary to the west side of minutes 35 seconds north latitude, 132 west longitude, and (3) within 2,500 feet Twelvemile Arm within a line from a degrees 3 minutes 55 seconds west longi­ of a point at 55 degrees 22 minutes 22 point at 55 degrees 27 minutes 15 seconds tude, (5) from 55 degrees 31 minutes 27 seconds north latitude, 132 degrees 11 north latitude, 132 degrees 39 minutes 55 seconds north latitude, 132 degrees 1 minutes 15 seconds west longitude. seconds west longitude, to a point at 55 minute 55 seconds west longitude, to 131 (u) Prince of Wales Island: East coast degrees 28 minutes 46 seconds north degrees 59 minutes 55 seconds west longi­ (1) Wedge Island, (2) from 55 degrees latitude, 132 degrees 38 minutes 25 sec­ tude, and (6) within 2,500 feet of a point 11 minutes 25 seconds north latitude to onds west longitude. at 55 degrees 30 minutes 11 seconds north 55 degrees 12 minutes 5 seconds north (f) Kasaan Bay, east coast of Prince latitude, 131 degrees 59 minutes 19 sec­ latitude, and (3) within 4,000 feet north­ of Wales Island: Within 1 statute mile onds west longitude* erly from a point on a small island be­ of the mouth of any salmon stream in (l) Westerly side of the Vallenar tween Halibut Creek and Chasina Point, Karta Bay.. Rock Island located about 800 yards at approximately 55 degrees 15 minutes (g) Thorne and Tolstoi Bays, east coast from the northern extremity of Vallenar 5 seconds north latitude. of Prince of Wales Island: Within 1 Point, (v) Prince of Wales Island: East coast statute mile of the mouth of any salmon (m) Gravina Island: West coast (1) within 2,500 feet of a point at 55 degrees stream, and all waters of Thome Bay from South Vallenar Point to 55 degrees 6 minutes 51 seconds north latitude, 131 west of 132 degrees 28 minutes 35 sec­ 20 minutes 48 seconds north latitude, (2) degrees 59 minutes 40 seconds west lon­ onds west longitude. from 55 degrees 18 minutes 50 seconds gitude. (h) Ratz Harbor, indenting the, east­ north latitude to 55 degrees 8 minutes (w) Prince of Wales Island: East coast ern shore>of Prince of Wales Island: All 15 seconds north latitude, including the (1) within 1,000 feet of an unnamed islet waters within the harbor. rocky islets adjacent to this coast, and at 55 degrees 2 minutes north latitude, (i) Eagle Creek, about 1 mile south (3) the Bronaugh Islands south of 55 and (2) eastern shore of Polk Island. of Luck Point, northeast coast of Prince degrees 7 minutes 10 seconds north lati­ (x) Prince of Wales Island: East coast, of Wales Island: All waters within 1 stat­ tude and west of 131 degrees 43 minutes including adjacent rocks, from 54 degrees ute mile of the mouth of the creek. 30 seconds west longitude. 56 minutes north latitude to 54 degrees (j) Barnes Lake, at head of Lake Bay, (n) Gravina Island: East coast (1) 57 minutes 45 seconds north latitude. northeast coast of Prince of Wales within 2,500 feet of a point at 55 degrees (y) Prince of Wales Island: Prom the Island: All waters in Barnes Lake and 10 minutes 30 seconds north latitude, outer point of land on the north side of within 500 yards outside its entrance. and (2) within 2,500 feet of a point at 55 Kendrick Bay at approximately 131 de­ (k) Whale Passage, northeast coast of degrees 12 minutes north latitude near grees 58 minutes 25 seconds west longi­ Prince of Wales Island: All waters within the south side of the entrance to Bost- tude northward for a distance of 2,500 1,000 yards of the mouth of any salmon wick Inlet. feet. stream. (o) Gravina Island: East coast from (z) Prince of Wales Island: East coast (l) McHenry Inlet, southwest coast of 55 degrees 15 minutes north latitude from a point at 54 degrees 49 minutes 50 Etolin Island: All waters within 1,000 northward to Blank Point at 55 degrees seconds north latitude, 131 degrees 57 yards of the salmon streams emptying 15 minutes 11 seconds north latitude, 131 minutes 35 seconds west longitude, north into the head of McHenry Inlet. degrees 40 minutes 13 seconds west lon­ of the entrance to Gardner Bay, north­ (m) Rocky Bay, west coast of Etolin gitude. westerly to a pmnt on the south side Island: All waters within 1 statute mile (p) Annette Island: West coast from of Kendrick Bay at 131 degrees 58 min­ of the head of the bay.* » Walden Point to Davison Point, includ­ utes 55 seconds west longitude. PART 228. SOUTHEASTERN ALASKA AREA, ing the west shore of Warburton Island, (aa) Prince of Wales Island: East exclusive of the coast between 55 degrees SOUTH PRINCE OF WALES ISLAND DISTRICT, coast from McLean Point to a point SALMON FISHERIES. 10 minutes 5 seconds north latitude and 3,500 feet southward. 55 degrees 11 minutes 5 seconds north Sec. (bb) Prince of Wales Island: East latitude. 228.1 Definition, Southeastern Alaska area; coast from 54 degrees 42 minutes 12 sec­ (q) Grindall Island, off Grindall Point, subdivisions. Prince of Wales Island: Within 3,500 feet onds north latitude to 54 degrees 44 228.2 Definition, South Prince of Wales Is­ minutes 3P seconds north latitude.* land District. northwesterly of the eastern extremity of 228.3 Size and total aggregate length of gill Approach Point. S e c . 227.18 Waters closed to commer­ nefS on salmon fishing boats. (r) Prince of Wales Island: East coast 228.4 Operation of stake and anchored gill cial salmon fishing. All commercial nets. (1) from a point on Grindall Point at 55 fishing for salmon is prohibited, as fol­ 228.5 Minimum distance between traps. degrees 28 minutes 10 seconds north lati­ lows: 228.6 Size of floating salmon traps. tude northwesterly to a point at 55 de­ 228.7 Salmon fishing boats limited to one (a) Moira Sound, east coast of Prince seine; size of seine. grees 28 minutes 35 seconds north lati­ 228.8 Closed seasons, commercial salmon tude, (2) from 55 degrees 3Q minutes 5 of Wales Island: South Arm south of 54 degrees 57 minutes 34 seconds north fishing other than trolling. seconds north latitude to 55 degrees 31 228.9 Traps prohibited, commercial salmon minutes 5 seconds north latitude, and (3) latitude, all waters in Frederick Cove, fishing from October 1 to October 15. 228.10 Beach seines prohibited. from 55 degrees 38 minutes 20 seconds Kegan Cove, and within 1,000 yards of the mouth of any salmon stream in 228.11 Maximum length of salmon purse north latitude to a point southeasterly ol seine boats. Tolstoi Point at 55 degrees 39 minutes 5 Johnson Cove. 228.12 Trolling gear. seconds north latitude. (b) Dolomi Bay, tributary to Port 228.13 Taking of smaU king salmon by com­ Johnson, east coast of Prince of Wales mercial trailers prohibited. (s) Prince of Wales Island: East coast 228.14 Areas open to salmon traps. within 2,500 feet southerly of a point at Island: All waters within the outermost 228.15 Waters closed to commercial salmon 55 degrees 23 minutes 40 seconds north points of the bay. fishing. latitude, 132 degrees 13 minutes 55 sec­ (c) Cholmondeley Sound, east coast Sec. 228.1 Definition, Southeastern onds west longitude. of Prince of Wales Island: All waters Alaska area; subdivisions. The South­ (t) Prince of Wales Island: East coast in Dora Bay and Sunny Cove. eastern Alaska area is hereby defined to (1) from 55 degrees 20 minutes 15 sec­ (d) Skowl Arm, Prince of Wales Is­ include all territorial coastal and tribu­ onds north latitude to 55 degrees 20 min­ land: McKenzie Inlet south of 55 de­ tary waters of Alaska extending from utes 56 seconds north latitude, 132 de­ grees 21 minutes 85 seconds north lati­ Dixon Entrance on the south to and in­ grees 9 minutes 38 seconds west longi­ tude, and Polk Inlet south of 55 degrees cluding Yakutat Bay on the north. This tude, (2) within 2.500 feet of a point at 25 minutes 15 seconds north latitude. area is subdivided into the following dis- 936 FEDERAL REGISTER, Wednesday, February 15, 1939

tricts, wherein regulations shall be effec­ Commercial fishing for salmon, other onds north latitude southward to 133 tive as follows:* than trolling, is prohibited prior to 6 degrees 17 minutes 20 seconds west S e c . 228.2 Definition, South Prince of o’clock antemeridian July 25 in each cal­ longitude. Wales Island district. All territorial endar year, from 6 o’clock postmeridian (i) St. Ignace Island: Within % stat­ waters within a line extending from a August 29 to 6 o’clock antemeridian Oc­ ute mile of the southern extremity of point west of the Maurelle Islands at 55 tober 1 in each year, and for the remain­ the island. degrees 40 minutes north latitude, 134 der of each calendar year after 6 o’clock (j) Baker Island: East coast from degrees 17 minutes 10 seconds west longi­ postmeridian October 15.* Point Maria to Point Capones. tude, thence to a point west of Cape Ad­ S e c . 228.9 Traps prohibited, commer­ (k) Suemez Island: Northern coast dington at 55 degrees 25 minutes 30 sec­ cial salmon fishing from October 1 to from 55 degrees 20 minutes north lati­ onds north latitude, 134 degrees west lon­ O ctober 15. Commercial fishing for tude, 133 degrees 23 minutes 38 seconds gitude, thence to a point southwest of salmon by means of any trap is prohib­ west longitude, to 133 degrees 20 min­ Forrester Island at 54 degrees 40 minutes ited in the period from 6 o’clock ante­ utes 36 seconds west longitude. north latitude, 133 degrees 35 minutes meridian October 1 to 6 o’clock post­ (l) Prince of Wales Island: Coast from west longitude, thence to the southern meridian October 15.* a point north of Point Providence at 133 extremity of Cape Muzon, thence to the S e c . 228.10 Beach seines prohibited. degrees 15 minutes 10 seconds west southern extremity of Cape Chacon, The use of any beach seine is prohibited.* longitude to a point on the coast between thence in a northwesterly direction along S e c . 228.11 Maximum length o f Tranquil Point and Point Batan at 133 the watershed of Prince of Wales Island salmon purse seine boats. No boat used degrees 12 minutes 56 seconds west to a point at 55 degrees 40 minutes north in operating any purse seine shall be longitude. latitude, 132 degrees 50 minutes west longer than 50 feet, as shown by official (m) Dali Island: West coast within longitude, thence to the point of begin­ register length.* 5,000 feet southerly of a point at 54 ning at 55 degrees 40 minutes north lati­ S e c . 228.12 Trolling gear. No troll­ degrees 44 minutes 26 seconds north tude, 134 degrees 17 minutes 10 seconds ing boat shall operate more than four latitude, 132 degrees 53 minutes 9 sec­ west longitude.* trolling lines.* onds west longitude. S e c . 228.3 Size and total aggregate S e c . 228.13 Talcing of small king salm­ (n) Dali Island: Coast from a point length of gill nets on salmon fishing on by commercial trotters prohibited. In on the south side of the- entrance to boats. The total aggregate length of gill commercial trolling operations no king McLeod Bay at 54 degrees 41 minutes 7 nets on any salmon-fishing boat, or in salmon shall be caught which when seconds north latitude, southeasterly to use by such boat, shall not exceed 250 dressed will weigh less than 6 pounds. In Kaigani village, including coast line of fathoms hung measure. No gill net shall the event any such undersized salmon nearby island within 300 feet of a point be less than 50 fathoms in length, and are thus taken, they must be carefully re­ at 54 degrees 40 minutes 34 seconds mesh shall be not less than 5% inches moved from the hook without jerking or north latitude, 132 degrees 39 minutes stretched measure between knots.* other action causing injury and returned 46 seconds west longitude. S e c . -228.4 Operation of stake and to the water alive.* (o) Long Island, east of Dali Island: anchored gill nets. Stake and achored S ec. 228.14 Areas open to salmon West coast within 2,500 feet measured gill nets shall be operated in substantially traps. The use of any trap for the cap­ along the coast from 54 degrees 46 min­ a straight line.* ture of salmon is prohibited, except as utes 19 seconds north latitude. S e c . 228.5 Minimum distance between follows: (p) Sukkwan Island: Southwestern coast (1) from 55 degrees 2 minutes 35 traps. The distance by most direct water (a) Noyes Island: North coast between seconds north latitude to 55 degrees 1 measurement from any part of one trap 133 degrees 39 minutes 57 seconds west minute 20 seconds north latitude, and to any part of another trap shall not be longitude and 133 degrees 42 minutes 13 less than 1 statute mile.* seconds west longitude. (2) within 2,500 feet of a point at 55 de­ grees north latitude, 132 degrees 46 min­ S ec. 228.6 Size of floating salmon (b) Noyes Island: North Coast within traps. No floating trap shall exceed 900 utes west longitude. 2,500 feet of the northern extremity of (q) Prince of Wales Island: West coast feet in length when any part of such trap Cape Ulitka at 55 degrees 33 minutes 42 is in a greater depth of water than 100 within 2,500 feet of a point at 55 degrees seconds north latitude, 133 degrees 43 2 minutes 20 seconds north latitude, 132 feet at mean high tide. The length of minutes 40 seconds west longitude. any such trap shall be as measured along degrees 35 minutes 18 seconds west longi­ (c) Noyes Island: Southwest coast tude. the lead from shore at mean* high tide within 2,500 feet along the northwestern to the outer face of the pot.* i f ) Prince of Wales Island: From shore of an unnamed peninsula from a Point Webster southeasterly to 54 de­ Sec. 228.7 Salmon fishing boats lim­ point at 55 degrees 27 minutes 32 seconds grees 55 minutes 52 seconds north lati­ ited to one seine; size of seine. No north latitude, 133 degrees 48 minutes 8 tude, 132 degrees 32 minutes 30 seconds salmon fishing boat shall carry or oper­ seconds west longitude. west longitude. ate more than one seine of any descrip­ (d) San Fernando Island: Northern tion and no additional net of any kind (s) Ship Islands, Cordova Bay: Within coast from Point Garcia to a point on the 300 yards west of the southern extremity except leads shall be carried on such coast at 55 degrees 34 minutes 7 seconds boat. The carrying of any additional of the eastern large island of the Ship north latitude, 133 degrees 23 minutes 57 Islands group at 54 degrees 53 minutes seine or net of any kind on a boat towed seconds west longitude. by any salmon fishing boat is prohibited. 42 seconds north latitude, 132 degrees (e) San Fernando Island: Southeastern No purse seine shall be less than 175 30 minutes 21 seconds west longitude. coast from a point on the coast 1 *£ stat­ meshes nor more than 250 meshes in i t ) Coast line of a small island near ute miles southwest of Fern Point south­ depth nor less than 150 fathoms nor more the entrance to Ruth Bay within 2,500 erly to a point 2 statute miles northeast­ than 200 fathoms in length, measured on feet of a point at 54 degrees 53 minutes erly of Point Amargura. the cork line. For the purpose of de­ 40 seconds north latitude, 132 degrees termining depths of seines, measure­ (f) St. Philip Island: Within 2,500 26 minutes 27 seconds west longitude. ments will be upon the basis of 3V2 inches feet of the western extremity of the (u) Coast line within 450 feet of the stretched measure between knots. The island. eastern extremity of the island situated extension to any seine in the way of leads (g) Blanquizal Island: Coast west of at 54 degrees 42 minutes 55 seconds north exceeding 75 fathoms in length and hav­ 133 degrees 23 minutes 57 seconds west latitude, 132 degrees 16 minutes 10 sec­ ing mesh less than 7 inches stretched longitude. onds west longitude. measure between knots is prohibited.* (h) Prince of Wales Island: Coast (v) Prince of Wales Island: South S e c . 228.8 Closed seasons, commercial along San Christoval Channel from a coast within 3,000 feet .northeasterly salmon fishing other than trolling. point at 55 degrees 37 minutes 6 sec­ from the extremity of land at 54 de- FEDERAL REGISTER, Wednesday, February 15, 1939 937

grees 43 minutes 9 seconds north lati­ Sec. feet in length when any part of such tude, 132 degrees 13 minutes 30 seconds 229.8 Closed seasons, commercial salmon trap is in a greater depth of water than fishing other than trolling. west longitude. 229.9 Traps prohibited, commercial salmon 100 feet at mean high tide. The length (w) Prince of Wales Island: South fishing from October 1 to October of any such trap shall be as measured coast from a point at 54 degrees 42 min­ 15. along the lead from shore at mean high utes 34 seconds north latitude, 132 de­ 229.10 Beach seines prohibited. 229.11 Maximum length of salmon purse tide to the outer face of the pot.* grees 9 minutes 55 seconds west longi­ seine boats. Sec. 229.7 Salmon fishing boats lim­ tude, easterly to a point at 54 degrees 41 229.12 Trolling gear. ited to one seine; size of seine. No salm­ minutes 30 seconds north latitude, 132 229.13 Taking of small king salmon by com­ on fishing boat shall carry or operate mercial troUers prohibited. degrees 7 minutes 46 seconds west longi­ 229.14 Closed season, commercial salmon more than one seine of any description, tude. fishing by troUing in Behm Canal. and no additional net of any kind shall (x) Bean Island: Within 2,500 feet of 229.15 Closed seasons, commercial salmon be carried on such boat. The carrying of fishing by trolling in Burroughs a point at 54 degrees 41 minutes 15 sec­ Bay. any additional seine or net of any kind onds north latitude, 132 degrees 6 min­ 229.16 Tongass Narrows closed to commercial on a boat towed by any salmon fishing utes 5 seconds west longitude. salmon fishing except by trolling. boat is prohibited. No purse seine shall (y) Prince of Wales Island: Prom a 229.17 Areas open to salmon traps. be less than 175 meshes nor more than 229.18 Waters ,closed to commercial salmon point near Nichols Bay at 132 degrees 4 fishing. 250 meshes in depth nor less than 150 minutes 55 seconds west longitude east­ fathoms nor more than 200 fathoms in ward and southward for a distance of S e c . 229.1 Definition, Southeastern length measured on the cork line. For 5,000 feet.* Alaska area; subdivisions. The South­ the purpose of determining depths of eastern Alaska area is hereby defined to Sec. 228.15 Waters closed to commer­ seines, measurements will be upon the include all territorial coastal and tribu­ basis of 3V2 inches stretched measure be­ cial salmon fishing. All commercial fish­ tary waters of Alaska extending from ing for salmon is prohibited, as follows: tween knots. The extension to any seine Dixon Entrance on the south to and in­ in the way of leads exceeding 25 fathoms (a) Klawak Inlet, west coast of Prince cluding Yakutat Bay on the north. This in length is prohibited.* area is subdivided into the following dis­ of Wales Island: All waters in the head S e c . 229.8 Closed seasons, commercial of the inlet east of 133 degrees 5 minutes tricts, wherein regulations shall be effec­ salmon fishing other than trolling. Com­ west longitude. tive as follows: * mercial fishing for salmon, other than (b) Klawak Harbor, west coast of S e c . 229.2 Definition, Southern Dis­ trolling, is prohibited prior to 6 o’clock Prince of Wales Island: All waters south tric t.1 All territorial waters, within a antemeridian July 15, from 6 o’clock of 55 degrees 33 minutes 27 seconds north line beginning at a point on the interna­ postmeridian August 16 to 6 o’clock ante­ latitude. tional boundary at 131 degrees 40 min­ meridian October 1, and for the remain­ (c) Trocadero Bay, west coast of utes west longitude and following that der of each calendar year after 6 o’clock Prince of Wales Island: All waters in the boundary to Mount Lewis Cass, then postmeridian October 15.* bay east of a true north and south line southerly and westerly along the water­ S e c . 229.9 Traps prohibited, commer­ passing through the eastern extremity of shed to the southern extremity Of cial salmon fishing from October 1 to Oc­ the peninsula just south of Copper Mine. Caamano Point, thence to Vallenar Point tober 15. Commercial fishing for salmon (d) Manhattan Arm, west coast of on Gravina Island, thence southerly and by means of any trap is prohibited in the Dali Island: All waters east of 133 de­ easterly along the watershed of Gravina period from 6 o’clock antemeridian Oc­ grees 10 minutes west longitude. Island to Gravina Point, thence to tober 1 to 6 o’clock postmeridian Octo­ (e) Sawmill Cove, east coast of Dali Walden Point on Annette Island, thence ber 15.* Island: All waters of the cove within a southerly along the watershed of An­ S e c . 229.10 Beach seines prohibited. line indicated by markers erected for the nette Island to Davison Point, thence The use of any beach seine is prohibited.* purpose. west to a point at 55 degrees north lati­ S e c . 229.11 Maximum length of salm­ (f) Kasook Inlet, southern coast of tude, 131 degrees 40 minutes west longi­ on purse seine boats. No boat used in Sukkwan Island: All waters within 1 tude, thence due south to the point of operating any purse seine shall be longer statute mile of head of inlet. beginning on the international boundary than 50 feet, as shown by official register (g) Hetta Inlet, west coast of Prince at 131 degrees 40 minutes west longitude.* length.* of Wales Island: All waters within a S ec. 229.3 Total aggregate length of S ec. 229.12 Trolling gear. No trolling true north and south line passing gill nets, salmon fishing boats. The boat shall operate more than four troll­ through the western extremity of Gould total aggregate length of gill nets on ing lines.* „ . Island. any salmon fishing boat, or in use by S e c . 229.13 Taking of small king (h) Deer Bay, Hetta Inlet: All waters such boat, shall not exceed 250 fathoms salmon by commercial trotters prohibited. within the bay. hung measure.* in commercial trolling operations no (i) Hetta Harbor, Hetta Inlet: All S ec. 229.4 Operation of stake and king salmon shall be caught which when waters within the harbor. anchored giU nets. Stake and anchored dressed will weigh less than 6 pounds. (j) Eek Inlet, Hetta Inlet: All waters gill nets shall be operated in substan­ In the event any such undersized salmon within the inlet. tially a straight line.* are thus taken, they must be carefully (k) Hunter Bay, southwest coast of S ec. 229.5 Minimum distance between removed from the hook without jerking Prince of Wales Island: All waters traps. The distance by most direct or other action causing injury and re­ within 1 statute mile outside the mouths water -measurement from any part of turned to the water alive.* of all salmon streams.* one trap to any part of another trap S e c . 229.14 Closed season, commercial shall not be less than 1 statute mile.* PART 229. SOUTHEASTERN ALASKA AREA, salmon fishing by trolling in Behm Canal. SOUTHERN DISTRICT, SALMON FISHERIES S e c . 229.6. Size of floating salmon Commercial fishing for salmon by troll­ traps. No floating trap shall exceed 900 Sec. ing is prohibited in Behm Canal and 229.1 Definition, Southeastern Alaska area; its tributaries within a line from Point subdivisions.' 1 All of the fisheries regulations herein Sykes to Point Alava, across the eastern 229.2 Definition, Southern District. prescribed for the Southern district of the entrance of the canal, and a line from 229.3 Total aggregate length of gill nets, Southeastern Alaska area are also applicable Escape Point to Point Francis, across salmon fishing boats. in the waters of the Annette Island Fishery 229.4 Operation of stake and anchored gill Reserve. This Reserve was created by Presi­ the western entrance, from 6 o’clock nets. dential proclamation on August 28, 1916, postmeridian April 30 to 6 o’clock post­ 229.5 Minimum distance between traps. for the use of the Metlakatla Indians who meridian June 30.* 229.6 Size of floating salmon traps. reside in this vicinity. Part of the waters 229.7 Salmon fishing boats limited to one of this Reserve are in the Clarence Strait Sec. 229.15 Closed seasons, commer­ seine; size of seine. district. cial salmon fishing by trolling in Bur- 938 FEDERAL REGISTER, Wednesday, February 15, 1939

roughs Bay. Commercial fishing for (j) Mainland peninsula between fishing for salmon is prohibited, as fol­ salmon by trolling is prohibited in Bur­ Smeaton Bay and Boca de Quadra: lows: roughs Bay (indenting mainland north Along the coast (1) from Point Sykes at of Revillagigedo Island) for the remain­ (a) Hidden Inlet, indenting main­ 55 degrees 11 minutes 41 seconds north land: All waters in the inlet north of der of each calendar year after 6 o’clock latitude, 131 degrees 5 minutes 24 sec­ postmeridian August 16: Provided, That 55 degrees 0 minutes 5 seconds north onds west longitude, to a point at 55 de­ latitude. this prohibition shall not apply to the grees 9 minutes 56 seconds north latitude, (b) Fillmore Inlet, indenting main­ period from 6 o’clock antemeridian Oc­ and (2) from 55 degrees 7 minutes 50 land: All waters east of 130 degrees 29 tober 1 to 6 o’clock postmeridian Octo­ seconds north latitude to a point at 55 minutes 54 seconds west longitude. ber 15 in each year.* degrees 6 minutes 50 seconds north lati­ (c) Willard Inlet, indenting main­ Sec. 229.16 Tongass Narrows closed tude, 131 degrees 3 minutes 11 seconds land: All waters north of 54 degrees 56 to commercial salmon fislung except by west longitude. minutes 35 seconds north latitude. tro llin g . Commercial fishing for salmon, (k) Southwestern coast of island lo­ (d) Ray Anchorage, east coast of except by trolling, is prohibited in the cated southwesterly from Kah Shakes Duke Island: All waters in Ray Anchor­ waters of Tongass Narrows between a Point at 55 degrees 2 minutes 47 seconds age. line from Mountain Point to Gravina north latitude, 131 degrees 0 minutes 27 •(e) Very Inlet, indenting mainland: Point and a line from Point Higgins to seconds west longitude. All waters within the inlet. Vallenar Point.* (l) Mainland south of Kah Shakes (f) Boca de Quadra, indenting main­ S e c . 229.17 Areas open to salmon Cove: From a point at 55 degrees 1 min­ land: All waters within 1 statute mile traps. The use of any trap for the cap­ ute 59 seconds north latitude, 130 degrees of the mouth of Sockeye Creek. ture of salmon is prohibited, except as 59 minutes 54 seconds west longitude, (g) George Inlet, southern coast of follows: southward to 55 degrees 1 minute 20 sec­ Revillagigedo Island: All waters north onds north latitude. (a) Cleveland Peninsula: From a point of a line from Bat Point to Tsa Cove. near the south side of the entrance to (m) Mainland south of Foggy Bay: (h) Smeaton Bay, indenting main­ Smugglers Cove at 55 degrees 34 minutes Along the coast (1) from within Vz stat-. land: Within 1 statute mile outside the 10 seconds north latitude southwesterly ute mile northward of Foggy Point to a mouth of the salmon stream in Wilson to 55 degrees 31 minutes 30 seconds north point at 54 degrees 54 minutes 5 seconds Arm, and all waters of Bakewell Arm north latitude: (2) from 54 degrees 53 latitude. east of 130 degrees 39 minutes 54 sec­ (b) Cleveland Peninsula: Within. 1,500 minutes 5 seconds north latitude to 54 onds west longitude. degrees 51 minutes 35 seconds north lati­ feet of a point on the northeast shore of (i) Rudyerd Bay, indenting mainland: tude; and (3) from 54 degrees 49 minutes an unnamed island at the south entrance All waters in the north arm within 2 30 seconds north latitude to 54 degrees to Bond Bay at 55 degrees 30 minutes 21 statute miles of the mouth of any salmon 46 minutes 30 seconds north latitude, 130 seconds north latitude, 131 degrees 57 stream. degrees 52 minutes 42 seconds west lon­ minutes 24 seconds west longitude. (j) Walker Cove, indenting mainland, gitude. tributary to Behm Canal: All waters (c) Annette Island:. East coast from (n) Cape Fox Island and within 1,000 within-a line from Ledge Point to Hut Harbor Point to a point at 55 degrees 6 feet of a point on an unnamed island near minutes 48 seconds north latitude, in­ Point. the western mainland shore at 54 degrees (k) Chickamin River: All waters with­ cluding Ham Island. 47 minutes 47 seconds north latitude. in a line from Fish Point to Trap Point. (d) Revillagigedo Island: Southwest (o) Annette Island: South coast from (l) Yes Bay, Cleveland Peninsula: All coast (1) from Carroll Point southeast­ the southern extremity of Davison Point waters within the bay and all waters out­ erly to a point at 131 degrees 27 minutes northeasterly to a point at 55 degrees side the entrance within 1,000 yards of 26 seconds west longitude, including the north latitude, 131 degrees 35 minutes 42 a line from Bluff Point to Syble Point. southern shore of the unnamed island at seconds west longitude. (m) Shrimp Bay, west coast of Revil­ 55 degrees 16 minutes 57 seconds north (p) Percy Islands: Coast along the lagigedo Island: All waters east of a line latitude, 131 degrees 28 minutes 24 sec­ west and north sides of the westernmost onds west longitude: and (2) within 2,500 running south from Dress Point to the island of the Percy Islands group. opposite shore. feet of a point at 55 degrees 15 minutes (q) Duke Island: East coast within (n) Traitors Cove, west coast of Revil­ 36 seconds north latitude, 131 degrees 21 1.500 feet of the outer extremity of Flag lagigedo Island: All waters of the cove minutes 15 seconds west longitude. Point. within a line 50 yards outside the neck (e) Revillagigedo Island: From Cone (r) Duke Island: East coast within of the salt-water lagoon. Point southeasterly to a point at 55 de­ 2.500 feet of Duke Point. (o) Naha Bay, west shore'of Revilla­ grees 11 minutes 41 seconds north lati­ (s) Kelp Island: Southern coast from gigedo Island: Within 1 statute mile of tude, 131 degrees 10 minutes 36 seconds a point at 131 degrees 16 minutes 6 sec­ the falls at the outlet of Roosevelt La­ west longitude, including Cone Island. onds west longitude to the eastern ex­ goon. (f) Revillagigedo Island: Within % tremity of the island. statute mile of Escape Point at 55 de­ (t) Mainland east of Cape Fox: Within (p) Raymond Cove, Behm Canal: All grees 38 minutes 54 seconds north lati­ 2.500 feet southwesterly of a point at 54 waters of the cove within a line from the tude. degrees 46 minutes 48 seconds north lati­ southern extremity of Mike Point north­ easterly to a point at 55 degrees 37 min­ (g) Revillagigedo Island: Within 5,000 tude, 130 degrees 48 minutes 10 seconds west longitude. utes 45 seconds north latitude, 131 de­ feet southeasterly of a point at 55 de­ grees 51 minutes 50 seconds west longi­ grees 37 minutes 45 seconds north lati­ (u) Tongass Island: West coast within tude.* tude, 131 degrees 42 minutes 54 seconds 2,000 feet of a point at 54 degrees 46 west longitude. minutes 36 seconds north latitude. The regulations contained in sections (h) Revillagigedo Island: Within 1 y8 (v) Kanagunut Island: West coast 201.1 to 229.18 inclusive shall be subject statute miles northeasterly from a point from 54 degrees 44 minutes 35 seconds to such change or revision by the Secre­ north of Point Higgins at 55 degrees 27 north latitude, 130 degrees 43 minutes tary of Commerce as may appear advis­ minutes 50 seconds north latitude, 131 12 seconds west longitude, to Garnet able from time to time. They shall be in degrees 49 minutes 52 seconds west lon­ Point. full force and effect immediately from gitude. (w) Sitklan Island: Within x/z statute and after February 11,1939. (i) Betton Island: West coast between mile of the southern extremity of the [ s e a l ] R. C. P a tter so n , Jr., the southern extremity of the island and island.* Acting Secretary of Commerce. 55 degrees 30 minutes 5 seconds north S e c . 229.18 Waters closed to com­ [F. R. Doc. 39-537; Filed, February 13, 1939; latitude. mercial salmon fishing. All commercial 1:05 p. m.J FEDERAL REGISTER, Wednesday, February 15, 1939 939

Western region means the area in­ Animal unit means one cow, one Notices cluded in the States of Arizona, Cali­ horse, five sheep, or five goats, or the fornia, Colorado, Idaho, Kansas, Mon­ equivalent thereof. tana, Nevada, New Mexico, North Da­ Grazing capacity of range land means DEPARTMENT OF AGRICULTURE. kota, Oregon, Utah, Washington, and the number of animal units which such Wyoming. land will sustain, on a 12-month basis, Agricultural Adjustment Administra­ Regional director means the Director tion. over a period of years without decreas­ of the Western Division of the Agricul­ ing the stand of grass or other grazing [RCP-1939 Chase County, Kans.] tural Adjustment Administration in vegetation, and without injury to the charge of the 1939 Agricultural Conserva­ forage, tree growth, or watershed. 1939 R ang e C onservation P rogram B u l ­ tion Program in the State of Kansas. l e t in for C h a se C o u n t y , K ansas Limited grazing is that rate of stock- State committee means the group of iny on any ranching unit which will, over SECTION 1. AUTHORITY, AVAILABILITY OF persons designated for the State of Kan­ a period of years, result in a sustained sas to assist in the administration of the FUNDS, AND APPLICABILITY yield of grass, or other forage growth 1939 Agricultural Conservation Program, (a) A u th ority .— This bulletin super­ without injury to the tree growth or the 1939 Range Conservation Program, watershed. sedes for Chase County all portions of and the 1939 Chase County, Kansas, WR-1939-Kansas relating to range. Range Conservation Program in the State Animal month of grazing use is the Pursuant to the authority vested in of Kansas. grazing of one animal unit for one the Secretary of Agriculture under Sec­ County committee means the group month’s time under conditions that will tions 7 to 17, inclusive, of the Soil Con­ of persons elected for Chase County to result in satisfactory gains by the ani­ servation and Domestic Allotment Act, assist in the administration of the 1939 mal without supplementary feeding. as amended, and in connection with the Agricultural Conservation Program and Stocking rate means grazing capacity effectuation of the purposes of Section the 1939 Chase County, Kansas, Range (based on 12 months use) adjusted to a 7 (a) of said Act in 1939, payments will Conservation Program. seasonal basis; and also, the number of be made for participation in the 1939 Person means an individual, partner­ animal units grazing a tract of range Chase County, Kansas, Range Conserva­ ship, association, corporation, estate or land for a given period. tion Program in accordance with the trust, and wherever applicable a State, provisions of this bulletin and such modi­ a political subdivision of a State, or SECTION 3. RATES OF RANGE-BUILDING fications thereof or other revisions as any agency thereof. PAYMENTS may hereafter be made. Range-building allowances means the (b) Availability of funds.—The pro­ largest amount for any ranching unit Within the limits of the range-build­ ing allowance and subject to the condi­ visions of this program are necessarily which may be earned as a range-build­ subject to such legislation affecting said ing payment on such ranching unit. tions hereinafter set forth, payment will be made for carrying out on range land program as the Congress of the United Range-building payment means a States may hereafter enact; the making in 1939 such of the following practices payment made for the carrying out of as are approved by the county commit­ of the payments herein provided is con­ one or more range building practices. tingent upon such appropriation as the tee for the ranching unit prior to their Ranch operator means a person who institution. Congress may hereafter provide for such as owner, cash tenant, or share tenant purpose and the amounts of such pay­ operates, or a person who acts in simi­ Practices and Conditions of Payment— ments will necessarily be within the lim­ lar capacity in the operation of, a Rate of Payment its finally determined by such appropri­ ranching unit in 1939. ation, the final estimate of payments Reseeding of Range Land which would be made in Chase County, Range land means any land in which Kansas, under the national 1939 Range a ranch operator has such a legal es­ (a) Restoration of the natural forage tate or interest as to give him control Conservation Program and the extent of by limited grazing of range land.— (1) participation in the 1939 Chase County, thereof, which produces forage grazed For the grazing of all range land in the by range livestock, without cultivation Kansas, Range Conservation Program. ranching unit by a total number of ani­ or general irrigation. As an adjustment for participation in mal units not in excess of the estab­ the 1939 Chase County, Kansas, Range Ranching unit means all range land lished grazing capacity thereof, pro­ Conservation Program the rates of pay­ which is used in 1939 by the ranch op­ vided, the total animal months of graz­ ment specified herein may be increased erator as a single unit in producing ing use on a ranching unit (as used in or decreased by as much as 10 percent. range livestock, with machinery, work- this Section, ranching unit shall also (c) Applicability.—The provisions of stock, and labor substantially separate mean the ranching subunit) during the the 1939 Chase County, Kansas, Range from that of any other range land. In year shall not exceed the number com­ Conservation Program contained in this order to facilitate the administration of puted for the respective period of graz­ bulletin are not applicable to (1) coun­ the program the Regional Director may ing use according to the formula be­ ties other than Chase County, Kansas, prescribe that for the purposes of this low: program, tracts shall be deemed ranch­ and (2) public domain of the United 6 or more months of grazing use 12.0 States, including land owned by the ing units only if they contain more than the minimum acreage of range land times the animal units of grazing United States and administered under capacity: the Taylor Grazing Act or by the Forest fixed by him. A ranching unit shall be Service of the United States Department regarded as located in the county in 5 months, 11.5 X Grazing capacity. which its principal dwelling is situated, of Agriculture, and other lands in which 4 months, 10.0X Grazing capacity. or if there is no dwelling thereon it shall the beneficial ownership is in the United 3 months or less, 9.0 X Grazing be regarded as located in the county in States. capacity. which the major portion of the ranch­ SECTION 2. DEFINITIONS ing unit is located. except that if all livestock are withheld from grazing on the ranching unit dur­ For the purposes of the 1939 Chase Subunit for the purpose of this bul­ letin means a part of a ranching unit County, Kansas, Range Conservation ing the period from April 15 to May 15, Program: consisting of one or more fenced enclo­ the total animal months of grazing use sures for which the grazing capacity is during the year may be increased to a Secretary means the Secretary of Agri­ established separately from any other number not larger than 12 times the culture of the United States. range land. animal units of grazing capacity, ir- No. 31------6 940 FEDERAL REGISTER, Wednesday, February 15, 1939 respective o f the number of months of of seed sown, but not in excess of $2.00 bringing about such use of the forage grazing use. per acre. resources of the ranch as will most ef­ The ranching unit shall not at any fectively carry out the purposes of the Development of Stock Water time be grazed by a number of animal Soil Conservation and Domestic Allot­ units in excess of the number computed (g) Earthen tanks or reservoirs.—For ment Act. Payments under the 1939 for the respective period of grazing use constructing reservoirs or earthen tanks Chase County, Kansas, Range Conserva­ according to the formula below: with spillways adequate to prevent dams tion Program will be made only with re­ from washing out, for the purpose of spect to those ranching units on which

I f g ra ze d b e tw e e n I f n o t gra ze d providing water for range livestock: the county committee certifies that such M o n t h s o f g ra z­ sta rt o f forage between April in g use $0.15 per cubic yard of material moved range management practices have been 15 a n d M a y 15 g ro w th a n d M a y 15 not in excess of 5,000 cubic yards, and followed. The range-building practices $0.10 per cubic yard of material moved in approved by the county committee for 1.72Xau of go* 1.72Xau of gc* excess of 5,000 cubic yards for each tank any ranching unit shall be practices 6______2.00 2.00 5 ...... 2.30 2.40 or reservoir. which the county committee finds are 4 ...... 2.50 3.00 needed on the ranch in order to. pro­ 3.00 3.50 (1) WeUs.— (1) For drilling or digging wells with casing not less than 4 inches mote conservation and good range man­ •The abbreviations “ au of gc” mean animal units of in diameter, for the purpose of providing agement. established grazing capacity. water for range livestock, provided a (b) Payments limited to range-build­ provided that in no event during the pe­ windmill or power pump is installed and ing allowance.—The range-building pay­ riod from January 1 to April 15 shall the water is conveyed to a tank or stor­ ment made with respect to any ranch­ the ranching unit be grazed by a number age reservoir. Payment will not be made ing unit shall not exceed the range­ of animal units in excess of 10 percent of for a well developed at any ranch head­ building allowance for such ranching the established grazing capacity. quarters: $2.00 per linear foot. unit. Payment will be made only if Payment shall be made only on condi­ (2) For drilling or digging wells With range-building practices are carried out tion that (1) the operator notifies the casing less than 4 inches in diameter, for according to specifications recom­ county committee prior to turning any the purpose of providing water for range mended by the county and State com­ livestock on the range and prior to the livestock, provided a windmill or power mittees and approved by the Regional removal of livestock therefrom; (2) the pump is installed and the water is con­ Director. Payments made for per­ operator gives the county committee an veyed to a tank or storage reservoir. An formance pursuant to the provisions of adequate opportunity to check the num­ artesian well with casing less than 4 this bulletin shall not be subject to ber of livestock grazing on the ranching inches in diameter will qualify for pay­ the the provisions of Section 9 of the Kansas 1939 Agricultural Conservation unit or subunit at any time; (3) only ment, provided adequate stock water is Program Bulletin. those ranching units shall be approved made available during the grazing season (c) State or Federal aid.—No pay­ for this practice by the county commit­ and the water is conveyed to a tank or ment will be made for practices carried tee where the ranching unit and each trough. Payment will not be made for a out with labor, seed, trees, and ma­ subunit is fenced and the fences are well developed at any ranch headquar­ terials furnished entirely by any State maintained, and where stock water is ters: $1.00 per linear foot. or Federal agency other than the Agri­ located so as to insure the proper distri­ (j) Development of natural watering cultural Adjustment Administration, or bution of livestock within each subunit; places.—For developing springs or seeps for practices with respect to which a and (4) the county committee deter­ for the purpose of providing water for portion o f the labor, seed, trees, or other mines that any controlled burning of range livestock, provided the source is materials used in carrying out such range land was performed at such a time protected from trampling, and at least practices is furnished by a State or or in such a manner as not to defeat the 20 cubic feet of available water storage is Federal agency other than the Agricul­ purposes of the 1939 Chase County, Kan­ provided: $0.30 per cubic foot in soil or tural Adjustment Administration, if sas, Range Conservation Program. gravel and $0.50 per cubic foot in rock such portion represents one-half or Rate: 40% of the range-building al­ formation for excavation of source, pro­ more of the total cost of carrying out lowance computed under section II. vided the minimum payment will be such practices. If a portion of the (2) In addition to compliance with the $20.00 and the maximum payment labor, seed, trees, or other materials provisions of subsection (a) under this $100.00 for any single development. used in carrying out any practice is Practice (a)-(l) the ranch operator furnished by a State or Federal agency complies with such other conditions or SECTION 4. RANGE-BUILDING ALLOWANCE other than the Agricultural Adjustment specifications as may be established by The range-building allowance shall be Administration and such portion rep­ the county committee, in accordance 2 cents per acre of range land in the resents less than one-half of the total with instructions issued by the State ranching unit plus $1.00 times the graz­ cost of carrying out such practice, pay­ committee, where the county committee ing capacity of the range land: Provided, ment will be made for such practice at determines such additional conditions or however, That the grazing capacity item one-half of the rate specified in Section specifications are needed in the interest shall not be calculated on more than one 3. Provided, That labor, seed, trees, of range conservation; or (2) if the animal unit for each ten acres of range and materials furnished to a State, po­ county committee determines that addi­ land in the ranching unit, and the litical subdivision of a State, or any tional conditions or specifications are not acreage item shall not be calculated on agency thereof by any agency of the needed in the interest of range conserva­ more than 60 acres for each animal unit same State shall not be deemed to have tion, the stocking rate approved for the of grazing capacity established for the been furnished by “ any State * * * ranching unit is determined by the ranching unit. Agency” within the meaning of this county committee, in accordance with a paragraph. Trees purchased from a procedure approved by the State com­ SECTION 5. CONDITION OF PAYMENT Clark-McNary Cooperative State Nurs­ mittee, to be a reduction of 20% or more (a) Promotion of conservation and ery shall not be deemed to be paid for from the normal stocking rate. good range management.—Payments for in whole or in part by a State or Fed­ Rate: 20% of the range-building al­ carrying out range-building practices eral Agency. No payment will be made lowance computed under section n. are conditioned upon the adoption or for the planting and protection of forest (b) Artificial reseeding.—For reseed­ maintenance of conservative range trees planted under a cooperative agree­ ing depleted range land, with good seed management practices designed to se­ ment entered into with the Forest Serv­ of adapted varieties of range grasses, le­ cure or maintain a good stand of grass ice in connection with the Prairie States gumes, or forage shrubs: $0.20 per pound or other palatable forage plants and in Forestry Project. FEDERAL REGISTER, Wednesday, February 15, 1939 941

SECTION 6. CHANGES IN LEASING ARRANGE­ with respect to any ranching unit located gard to questions of title under State MENTS AND OTHER DEVICES in a county in which cotton is planted in law, without deduction of claims for ad­ 1939 shall file with such application a (a) No payment will be made to any vances (except as provided in Section statement that the applicant has not person who has for 1939 made any 13), and without regard to any claim or knowingly planted or caused to be change from the 1938 leasing arrange­ lien against any crop or livestock, or ments of range land for the purpose of, planted during 1939 cotton on land in proceeds thereof, in favor of the owner any farm in which he has an interest in or which would have the effect of, di­ or any other creditor. excess of the cotton acreage allotment verting to such person any payment to SECTION 10. INCREASE IN SMALL PAYMENTS established for the farm for 1939 and which any lessee would be entitled if the The total payment computed for any 1938 leasing arrangements of such range that cotton was not planted in excess of such allotment by his authority or with person with respect to any ranching unit land were in effect for 1939. If the State shall be increased as follows: committee finds that any person who his consent. Any person who knowingly plants cot­ files an application for a payment pur­ (1) Any payment amounting to 71 suant to the provisions of the 1939 Chase ton on his farm in 1939 on acreage in cents or less shall be increased to $1.00; County, Kansas, Range Conservation excess of the cotton acreage allotment (2) Any payment amounting to more Program has made any change from the established for the farm in 1939 shall not than 71 cents but less than $1.00 shall be 1938 leasing arrangements of such range be eligible for any payment under the increased by 40 percent; provisions of the 1939 Chase County, land or has employed any other schema (3) Any payment amounting to $1.00 or device whatsoever for the purpose of, Kansas, Range Conservation Program. or more shall be increased in accordance Any person having an interest in the cot­ or which would have the effect of de­ with the following schedule: ton crop on a farm on which cotton is Increase in priving any other person of any payment Amount of payment computed: payment or share therein to which such other planted in 1939 on acreage in excess of the cotton acreage allotment for the farm $1.00 to $1.99______$0.40 person otherwise would be entitled, the $2.00 to $2.99______.80 Secretary may withhold in whole or in for 1939 shall be presumed to have know­ $3.00 to $3.99______1.20 ingly planted cotton on his farm on acre­ $4.00 to $4.99______1.60 part from the person participating in $5.00 to $5.99______2.09 such a scheme or device, or require such age in excess of such farm cotton acre­ age allotment if notice of the farm allot­ $6.00 to $6.99______2.40 person to refund in whole or in part, the $7.00 to $7.99______2.80 ment is mailed to him prior to the com­ amount of any payment which has been $8.00 to $8.99______:______3.20 pletion of the planting of cotton on the $9.00 to $9.99______3.60 or otherwise would be made to such per­ farm, unless the farmer establishes the $10.00 to $10.99______4.09 son for performance in connection with $11.00 to $11.99______4.40 fact that the excess acreage was planted the 1939 Chase County, Kansas, Range $12.00 to $12.99______4.80 to cotton due to his lack of knowledge of $13.00 to $13.99______Conservation Program. _____ 5.20 the number of acres in the tract(s) $14.00 to $14.99______5.80 SECTION 7. ELIGIBILITY FOR PAYMENT $15.00 to $15.99__;______6.00 planted to cotton. Such notice, if mailed $16.00 to $16.99______6.40 (a) Persons eligible to file applica­ to the operator of the farm, shall be $17.00 to $17.99______6.80 tion.—Application for range-building deemed to be notice to all persons shar­ $18.00 to $18.99______7.20 ing in the production of cotton on the $19.00 to $19.99-:______7. 60 payment may be made only by ranch op­ $20.00 to $20.99______8.00 erators. Range-building payments will farm in 1939. $21.00 to $21.99______8.20 $22.00 to $22.99______be made to (1) a sole ranch operator, or SECTION 8. PAYMENT RESTRICTED TO EFFEC­ _____ 8.40 $23.00 to $23.99______0.60 (2) each ranch operator of a group of two TUATION OF THE PURPOSES OF THE PRO­ $24.00 to $24.99______8.80 or more ranch operators, provided they GRAM $25.00 to $25.99______9.00 all signify in the application for the $26.00 to $26.99______9.20 All or any part of any payments $27.00 to $27.99______9.40 range-building payment a percentum of which otherwise would be made to any $28.00 to $28.99______9.60 the total payment to be made to each person under the 1939 Chase County, $29.00 to $29.99______9.80 ranch operator. In case there are two Kansas, Range Conservation Program $30.00 to $30.99__:______10.00 or more ranch operators, the application $31.00 to $31.99______10.20 may be withheld (1) if he has adopted $32.00 to $32.99______10.40 must be made by all of them, except that any practice which the Secretary deter­ $33.00 to $33.99______10.60 in cases where any ranch operator re­ mines tends to defeat any of the pur­ $34.00 to $34.99______10.80 fuses to sign the application for payment $35.00 to $35.99______11.00 poses of the 1939 or previous range con­ $36.00 to $36.99______11.20 the county committee shall determine servation programs, (2) if, by means of $37.00 to $37.99______11.40 the percentage share of each ranch op­ any corporation, partnership, estate, $38.00 to $38.99______11.60 erator and payment of his percentage $39.00 to $39.99______11.80 trust, or any other device, or in any $40.00 to $40.99______12.00 share will be made to each ranch operator manner whatsoever, he has offset, or $41.00 to $41.99______12. 10 applying for payment in accordance with has participated in offsetting, in whole $42.00 to $42.99______12.20 such determination. or in part, the performance for which $43.00 tci $43.99______12.30 (b) Time and manner of filing appli­ $44.00 to $44.99______12.40 such payment is otherwise authorized, $45.00 to $45.99______12.50 cation and information required.—Pay­ or (3) if, with respect to forest land or $46.00 to $46.99______12.60 ment will be made only upon application woodland owned or controlled by him, $47.00 to $47.99______12.70 submitted through the county office. The $48.00 to $48.99______12.80 he adopts any practice which the re­ $49.00 to $49.99______12.90 Secretary reserves the right (1) to with­ gional director finds is contrary to $50.00 to $50.99______13.00 hold payment to any ranch operator who sound conservation practices. $51.00 to $51.99______13.10 fails to file any form or furnish any in­ No payment will be made to any per­ $52.00 to $52.99______------13.20 formation required with respect to any $53.00 to $53.99______13.30 son if it is determined in accordance $54.00 to $54.99______13.40 ranching unit in which such ranch op­ with instructions issued by the Agricul­ $55.00 to $55.99______------13.50 erator is interested, and (2) to refuse to tural Adjustment Administration that, $56.00 to $56.99______13.60 accept any application for payment if $57.00 to $57.99______13.70 with respect to any ranch which he $58.00 to $58.99______13.80 such application or any other form or in­ owns or operates, the stand of grass $59.00 to $59.99______13.90 formation required is not submitted to has been decreased or the forage, tree $60.00 to $185.99______.______the county office within the time fixed $186.00 to $199.99______growth or watershed has been injured $200.00 and over______by the regional director. At least two by overgrazing in 1939. weeks’ notice to the public shall be given 1 Increase to $200.00. 2 No increase. in advance of the expiration of a time SECTION 9. PAYMENTS COMPUTED AND MADE limit for filing prescribed forms. WITHOUT REGARD TO CLAIMS SECTION 11. PAYMENTS LIMITED TO $10,000 (c) Excess cotton acreage.— Any per­ Any payment or share of payment The total of all payments made in son who makes application for payment shall be computed and made without re­ connection with programs for 1939 un- 942 FEDERAL REGISTER, Wednesday, February 15, 1939 der Section 8 oi the Soil Conservation gional director as affording reasonable CIVIL AERONAUTICS AUTHORITY. and Domestic Allotment Act to any in­ opportunity for the filing of such appli­ dividual, partnership or estate with re­ cations. In determining grazing capac­ [Docket Nos. 31-406 ( A ) - l , 31-406 (A )-2 [ spect to farms and ranching units lo­ ity, consideration shall be given to the I n the M atter of the P etitio n of W est­ cated in the State of Kansas shall not following: (a) composition, palatability, ern A ir Express Corporation for an exceed the sum of $10,000. The total and density of forage growth; (b) cli­ Order F ixing the F air and R e a s o n ­ of all payments made in connection with matic fluctuations; (c) distribution and able R ates of Compensation for the programs for 1939 under Section 8 of character of watering facilities; (d) top­ T ransportation of A ir M ail Over Air the Soil Conservation and Domestic A l­ ographic and cultural features; (e) M ail R outes 19 and 13 lotment Act to any person other than an presence or absence of rodents and poi­ individual, partnership, or estate with sonous plant infestations; and (f) num­ n o t ic e o f h e a r in g respect to farms, ranching units, and tur­ ber and classes of livestock previously The above-entitled matter is hereby pentine places in the United States (in­ carried. The average of the individual assigned for public hearing before the cluding Alaska, Hawaii, and Puerto Rico) grazing capacities established for all Authority at 10 o’clock a. m. (eastern shall not exceed the sum of $10,000. ranching units in a county shall not standard time) February 23, 1939 in All or any part of any payment which exceed the county average grazing capac­ Room 5042, Department of Commerce has been or otherwise would be made to ity limit established by the Agricultural Building, Washington, D. C. any person under the 1939 Agricultural Adjustment Administration on the basis Dated Washington, D. C., February 14 Conservation Program, including the of available statistics. 1939. Range Conservation Program, may be By the Authority. SECTION 15. APPEALS withheld or required to be returned if [ seal] P aul J. F rizzell, Any person may within 15 days after he has adopted or participated in adopt­ Secretary. ing any scheme or device, including the notice thereof is forwarded to or avail­ dissolution, reorganization, or formation able to him request the county committee [F. R. Doc. 39-541; Filed, February 14, 1939' 11:15 a. m.] of any corporation, partnership, estate, in writing to reconsider its recommenda­ trust, or by any other means, which was tion or determination with respect to any designed to evade, or would have the of the following matters affecting any effect of evading, the provisions of this ranching unit in which he has an inter­ [Docket No. 18-406 (A)-1J section. est: (a) eligibility to file an application I n t h e M atter o f t h e P e t it io n of for payment, (b) grazing capacity estab­ SECTION 12. DEDUCTION FOR ASSOCIATION P ennsylvania C entral A irlines lished for the range land in such ranch­ EXPENSES C o r po r a t io n for D e t e r m in in g R ates ing unit, or (c) any other matter affect­ o f C ompensation for T ransportation There shall be deducted pro rata from ing the right to or the amount of his o f M a il b y A ir cr aft o n A ir M att. the payments with respect to any ranch­ payment with respect to the ranching R o u t e s 14, 32, 34 a n d 41 ing unit all or such part as the Secretary unit. The county committee shall notify may prescribe of the estimated adminis­ such person of its decision in writing n o t ic e o f h e a r in g trative expenses incurred or to be in­ within 15 days after receipt of such The above-entitled proceeding is as­ curred by the county agricultural con­ written request for consideration. If signed for public hearing before the servation association in the county in such person is dissatisfied with the deci­ Authority at 10 o’clock a. m. (eastern which the ranching unit is located. sion of the county committee, he may, standard time) on March 9, 1939, in within 15 days after such decision is for­ Room 5042, Department of Commerce SECTION 13. ASSIGNMENTS warded to or made available to him, ap­ Building, Washington, D. C. Any person who may be entitled to any peal in writing to the State committee. Dated Washington, D. -C., February payment in connection with the 1939 The State committee shall notify such 14, 1939. Chase County, Kansas, Range Conserva­ person of its decision in writing within By the Authority. tion Program may assign his interest in 30 days after the receipt of the appeal. such payment as security for cash loaned If such person is dissatisfied with the de­ [ s e a l ] P a u l J. F r izz e ll , or advances made for the purpose of fi­ cision of the State committee he may, Secretary. nancing the making of a crop in 1939. within 15 days after such decision is [F. R. Doc. 39-542; Filed, February 14, 1939; No such assignment will be recognized forwarded to or made available to him, 11:15 a. m.) unless the assignment is made in writing request the regional director to review on Form ACP-69 in accordance with in­ the decision of the State committee. structions (ACP-70) issued by the Agri­ SECTION 16. STATE AND REGIONAL BULLETINS, FEDERAL COMMUNICATIONS COM­ cultural Adjustment Administration. INSTRUCTIONS, AND FORMS MISSION. Nothing contained in this Section 13 shall be construed to give an assignee a The Agricultural Adjustment Adminis­ P eriod o f T e n t a t iv e A ppr o va l o f A uto­ right to any payment other than that to tration is hereby authorized to make m a t ic A la r m D evices which the ranch operator is entitled nor such determinations and to prepare and ORDER AMENDING TELEGRAPH DIVISION ORDER shall the Secretary or any disbursing issue such State and regional bulletins, NO. 28 agent be subject to any suit or liability instructions, and forms as may be re­ In a regular meeting of the Federal if payment is made to the ranch operator quired pursuant to the provisions hereof Communications Commission held in its without regard to the existence of any in administering the 1939 Chase County, offices in Washington, D. C., on the 6th such assignment. Kansas, Range Conservation Program. Done at Washington, D. C., this 13th day of February, 1939. SECTION 14. ESTABLISHMENT OF GRAZING day of February 1939. Witness my Whereas, by an order of November 9, CAPACITIES hand and the seal of the Department of 1938 the Commission amended its Order Agriculture. 28, as amended by Order 28A,1 to extend There shall be established a grazing the period of tentative approval of cer­ capacity for each ranching unit for [ s e a l ] H. A. W a lla c e , tain automatic alarm devices from De­ which an application for determination Secretary of Agriculture. cember 31, 1938 to March 31, 1939; and of grazing capacity is received on or [F. R. Doc. 39-544; Filed, February 14, 1939; before a date established by the re­ 12:36 p. m.] 12 F. R. 564,1394 ( 661,1668 D I ) . FEDERAL REGISTER, Wednesday, February 15, 1939 943

It appearing, that the reasons for such SECURITIES AND EXCHANGE COM­ OF 1935 PURSUANT TO REQUEST OF APPLI­ extension, as set forth in the said order MISSION. CANT of November 9, 1938, are still existent; United States of America—Before the It is ordered, That Telegraph Division Securities and Exchange Commission Upon the request of the applicant, the Order 28, as amended, be, and it is Commission consents to the withdrawal At a regular session of the Securities hereby, further amended to extend the of the application of the above-named and Exchange Commission, held at its period of tentative approval of the auto­ applicant, and to that effect, office in the City of Washington, D. C., matic alarm devices therein described to on the 11th day of February, A. D. 1939. It is so ordered, March 31, 1940. By the Commission. By the Commission. [File No. 31-456] [ s e a l ] F r a n c is P . B rassor, [ s e a l ] T. J. S l o w ie , I n t h e M atter o f t h e A p p l ic a t io n o f Secretary. C o m m u n it y P u b l ic S ervice C o m p a n y Secretary.

[F. R. Doc. 39-539; Piled, February 14, 1939; order c o n s e n t in g to w it h d r a w a l u n d e r [P. R. Doc. 39-543; Piled, February 14, 1939; 10:39 a. m.] PUBLIC UTILITY HOLDING COMPANY ACT 11:38 a. m.]