ii id I S. R. A.— B. S. 71 / o~.,> March, 1931 _j United States Department of Agriculture BUREAU OF BIOLOGICAL SURVEY SERVICE AND REGULATORY ANNOUNCEMENTS NO. 74 LAWS AND REGULATIONS FOR THE ADMINISTRATION OF THE ALEUTIAN ISLANDS RESERVATION, ALASKA CONTENTS Page Regulations for the Aleutian Islands Reservation, Alaska 1 order establishing Aleutian Islands Reservation 4 protecting wild life and property on Federal refuges 4 Extracts from the migratory bird conservation act 5 Transfer of jurisdiction G REGULATIONS FOR THE ALEUTIAN ISLANDS RESERVATION, ALASKA Pursuant to section 10 of the migratory bird conservation act of February 18, 1920 (45 Stat. 12l'2-1224), the act of June 28, 1906, as amended April 15, 1924, to protect wild lit'*' and property on Federal reservations (43 Stat, its; 1'. S. Code, title 18, sec. 1-15 ), and by virtue of authority vested in the Secretary of Agriculture by Executive Order No. 1733 of March 3. 11)13. and otherwise, the following regulations are hereby prescribed, effective November 1. 1930. for the administration of the Aleutian Islands Reservation, Alaska, hereinafter referred to as the ''reservation": Regulation 1. — Protection of Animals and Birds and Entry upon the Reservation Entry upon any of the islands and use thereof for purposes not inconsistent with the objects for which the reservation was established and not inconsistent with any outstanding permit issued hereunder may be made, without permit, except that no person shall hunt, take, capture, kill, or willfully disturb, at any time or in any manner, any wild animal or bird or any nest or egg of any such bird within the reservation ; utilize lands therein for fur farming or Stock grazing; erect a building or other permanent structure on Unimak Island; own. possess, maintain, or harbor a dog on Unimak Island, or allow any dog, owned, possessed, maintained, or harbored to run loose within the reservation at a distance of more than 1 mile from the center of any village therein, without a permit as herein provided from the administrative officer, Bureau of Biological Survey. Juneau, Alaska: and then with respect to the taking Of game animals, land fur-bearing animals, and birds only in accordance with the Alaska game law of January 13, 1925 < 43 Stat. 739; V. S. Code, title ■1-. 9«CR 192-211) : Provided, That no sheep or other livestock shall be intro- duced within the reservation under a grazing permit unless such stock is free of external parasites, including lice, scab mites, true ticks, and sheep ticks {Melophagu* orinus) : And provided further. That no permit will be granted t" ;ni alien individual to engage in stock raising, or to a corporation or com- pany more than 50 per cent of which is owned by an alien or aliens to engage in stock raising or fur farming. 37233—31 1 LIBRARY FLORIDA EXPERIMENT STATION OAINESVILLE. J i.okiOA 2 ADMINISTRATION OF ALEUTIAN ISLANDS RESERVATION [S. R. A. Regulation 2. — Permits Subject to existing law and such regulations as the Secretary of Agriculture may prescribe, revocable permits may be granted by said administrative officer, when in his opinion the operations thereunder will not endanger the object for which the reservation was established, for such duration and subject to such limitations and conditions as he may prescribe, to take or capture wild animals or birds, or to utilize lands within the reservation for fur farming or stock grazing, or to erect a building or other permanent structure on Unimak Island, or to own or possess a dog on said island. Regulation 3. — Exemptions No permit will be required of natives resident within the reservation to take or capture game animals, game birds, or land fur-bearing animals in the reservation in accordance with the Alaska game law, except that such natives may not take such animals or birds on islands held by any person under valid permit for fur farming, nor except under permit on Unimak Island ; and nothing herein shall be deemed to prevent permittees who are raising sheep within the reservation from using dogs for herding, nor persons who are legally on the reservation from using dogs as pack animals or for pulling sleds ; but no person shall own, possess, maintain, or harbor a dog for any purpose on Unimak Island except under permit as herein provided. Regulation 4. — Applications for Permits; Fees Application for permits should be addressed to the administrative officer, Bureau of Biological Survey, Juneau, Alaska, and should contain the name (legibly written or printed), the post-office address, and the citizenship of the applicant, together with references as to his character, reliability, and re- sources; and if applicant is a corporation or company, the home address and the place and date of incorporation or organization, together with the names and addresses of its principal officers, and a sworn statement by a responsible officer of the percentage of alien ownership ; and If wild animals or birds are to be taken, the number of each species desired and whether for scientific, propagation, exhibition, or other purposes ; or, If it is desired to possess or maintain a dog or dogs on Unimak Island, the number, sex, name, and distinguishing characters or marks, if any, of each and the purpose for which possession thereon is desired ; or, If it is desired to construct a building, shed, or other structure on Unimak Island, information regarding the nature of the operations to be conducted ; or, If it is desired to use or occupy any island within the reservation, or a por- tion thereof, for fur farming or livestock grazing, the name of the island, its location by approximate latitude and longitude, a description of its character, whether there are any native or aboriginal improvements on the island or por- tion thereof applied for and, if so, to whom they belong and when last used, and any information the applicant has concerning its suitability for the purpose intended, stating his source of information regarding it and whether he has personally examined it, together with the number of animals he proposes to place thereon and the date he expects or is prepared to begin operations ; and, Any other details or information necessary to give a clear understanding of the privileges the applicant desires to obtain. Within the discretion of the administrative officer, fees will be charged for permits for stock grazing or fur farming within the reservation, or for the use or occupancy of areas on Unimak Island, commensurate with the value of the concession. Regulation 5. — Remittance of Fees Any fees accruing to the department by virtue of uses under these regulations or from outstanding permits under previous regulations affecting the Aleutian islands Reservation shall be remitted to the administrative officer, Bureau of Biological Survey, Juneau, Alaska, by postal money order, or bank draft, made payable to the fiscal agent, Forset Service, Juneau, Alaska, under the ex-officio commissioner for Alaska designated by the Secretary of Agriculture under the act of February 10, 1927 (44 Stat., pt. 2, 10G8). Remittance hereunder in form other than by postal money order or bank draft may be accepted by the said B. S. 74] BUREAU OF BIOLOGICAL SURVEY 6 administrative officer, Bureau of Biological Survey, at his discretion and apon his own responsibility, except that remittance In cash must not be accepted unless no other form of remittance is practicable. Regulation 6. — Transfer of Permits No permit issued under the authority of the Department of Agriculture or these regulations for any area, use, purpose, or privilege concerning the reserva- tion, or any island or portion thereof, shall be sold, bartered, exchanged, or transferred by the permittee to another, and no agreement to do m, shall be entered into by the permittee, without firsl furnishing the said administrative officer with the full details of any such proposed transaction and obtaining his consent thereto, and no such arrangement shall bee, me effective until the old permit has been surrendered for cancellation and a new permit issued. Regulation 7. — Cancellation of Permits Any and every outstanding permit affecting the reservation or permit issued hereunder is subject at all times to discretionary revocation and termination by the Secretary of Agriculture. The administrative officer may cancel any outstanding permit issued by, or under authority of, this department for any use or privilege concerning the reservation upon the request of or under mutual agreement with the permittee; for failure of the permittee to report as required by the permit ; for failure to stock an island under permit with the number of foxes or other animals as required by and within the terms of the permit; for abandonment of the area, purpose, use, or privilege covered by such permit; or for the molesting by the permittee of native burying grounds or improvements or interfering with na- tives cultivating accustomed lands, and the ex-officio commissioner for Alaska designated by the Secretary pursuant to the provisions of the act of February 27. 1027 (44 Stat., pt. 2, 1068) may cancel any outstanding permit relating to said reservation for any other good and sufficient reason. An appeal may be taken from any administrative action or decision of the administrative officer or the ex-officio commissioner for Alaska upon tiling with the officer who rendered the decision a written request for reconsidera- tion thereof or notice of appeal. Decisions of said officers shall be final unless appeal is taken therefrom within a reasonable time. Decisions of the adminis- trative officer appealed from shall be reviewed by the ex-officio commissioner for Alaska and decisions of said commissioner shall be reviewed by the Secre- tary of Agriculture, in cases where delay would be prejudicial the Secretary of Agriculture will consider a direct appeal from any action of the adminis- trative officer. Unless the written notice of appeal contains an acceptable reason for allow- ing a longer time for the preparation of the case, the appellant shall file immediately a Statemenl or brief setting forth in detail the respects in winch the action or decision from which appeal is taken is contrary to or in conflict with the law. the regulations of the Secretary of Agriculture, or the determined facts. Upon receipt of such statement Or brief the Officer from whose action or decision the appeal is made shall prepare a statement or brief reviewing the case and presenting the facts and considerations upon which his action or decision is based. The two statements or briefs, together with all papers com- prising the record in the case, shall then bo transmitted to the officer to whom the appeal is made, who will thereupon review the case and advise both the appellant and the subordinate officer of his decision. Regulation 8. — Removal of Property Upon the termination of any permit affecting the Aleutian Islands Reserva- tion by expiration or by forfeiture or cancellation thereof, pursuant to regula- tion 7 hereof, in the absence of an agreement to the contrary, if all fees due the Government have been paid, the permittee may. within a reasonable period to be determined by the administrative officer, remove all property including fur-bearing animals belonging to him. together with any buildings or Improve- ments of any kind that may have been erected by him. but if not removed within the period of time specified by the administrative officer, such animals. buildings, and /or improvements shall become the property of the United States. 4 ADMINISTRATION OF ALEUTIAN ISLANDS RESERVATION [S. R. A. Regulation 9. — Previous Regulations Revoked The regulations of the Secretary of Agriculture for the Aleutian Islands Reservation, Alaska, promulgated September 14, 1928, are hereby revoked, effective November 1, 1930. In testimony whebeof, I have hereunto set my baud and caused the seal of the Department of Agriculture to be affixed in the City of Washington, this 31st day of October, 1930. Art hub M. Hyde. Secretary of Agriculture. EXECUTIVE ORDER ESTABLISHING ALEUTIAN ISLANDS RESERVATION It is hereby ordered that all islands of the Aleutian Chain. Alaska, including Unimak and Sanak Islands on the east, and extending to and including Attu Island on the west, be and the same are hereby reserved and set apart as a preserve and breeding ground for native birds, for the propagation of reindeer and fur-bearing animals, and for the encouragement and development of the fisheries. Jurisdiction over the wild birds and game and the propagation of reindeer and fur-bearing animals is hereby placed with the Department of Agri- culture, and jurisdiction over the fisheries, seals, sea otter, cetaceans and other aquatic species, is placed with the Department of Commerce and Labor. It is unlawful for any person to kill any otter, mink, marten, sable or fur seal, or other fur bearing animal within the limits of Alaska Territory, except under such regulations as may be prescribed by the Secretary of Commerce and Labor ; and it is unlawful for any person to kill any game animals or birds in Alaska or ship such animals or birds out of Alaska except under the provisions of law and under such regulations as may be prescribed by the Secretary of Agriculture. Within the limits of this reservation it is unlawful for any person to hunt, trap, capture, willfully disturb, or kill any bird of any kind whatever, or take the eggs of any such bird, except under such rules and regulations as may be prescribed by the Secretary of Agriculture. Warning is expressly given to all persons not to commit any of the acts herein enumerated and which are prohibited by law. The establishment of this reservation shall not interfere with the use of the islands for lighthouse, military, or naval purposes, or with the extension of the work of the Bureau of Education on Unalaska and Atka Islands. This reservation to be known as the Aleutian Islands Reservation. Wm. H. Taft. The White House, March 3, 1913. [By Executive order of November 23, 1928, the islands of Akun. Akutan, Sanak, Tigalda, Umnak, and Unalaska, including Sedanka or Biorka, and by Executive order of December 19, 1929, a portion of Amaknak Island, were eliminated from the Aleutian Islands Reservation and transferred to the juris- diction of the Department of the Interior.] ■ LAW PROTECTING WILD ANIMALS AND BIRDS AND THEIR EGGS AND GOVERNMENT PROPERTY ON FEDERAL REFUGES [U. S. Code, Title 18, Criminal Code and Criminal Procedure] Sec. 145. Whoever shall hunt, trap, capture, willfully disturb, or kill any bird or wild animal of any kind whatever, or lake or destroy the eggs of any such bird (in any lands of the United States which have been set apart or reserved as refuges or bleeding grounds 1'or such birds or animals by any law, proclama- 1 For Information concerning (Ik; leasing of public lands in Alaska, outside of national forests, for fnr-farming or grazing purposes, under the provisions <>i tiie acts of July 3, L926 (44 Stat., pt. 2, 823 ; D. S. Code, Supp. III. title is. sees. 860, 861) and March 4. 1927 ( n Stat., pt. 2, l 152; !'. S. Code, Supp. HI. title 4S, sees. 47l-471o), Inquiries should be addressed to the General Land Office, Anchorage, Alaska. For information concerning the use of lands within the national forests in Alaska, Inquiries should bo addressed to the Forest Service, Juneau, Alaska. 74] BUREAU OF BIOLOGICAL SULVLY O rion. or Executive order, except under such rales ami regulations as tlw Secre- tary of Agriculture may, from time to time, prescribe, or who shall willfully injure, molest, or destroy any property of the United States on any such lands shall be lined not more than $500, or Imprisoned not more than six months, or both. (Sec. 84, act of March 1. 1909, as amended April 15, 1924, 43 Stat. 98.) EXTRACTS FROM THE MIGRATORY BIRD CONSERVATION ACT [U. S. Cod.-, Supplement III, Title 10. Conservation] 7151. That no person shall knowingly disturb, injure, or destroy any notice, signboard, fence, building, ditch, 'lam. dike embankment. Hume, spillway, or other iinprovemeni or property of the United states on any area acquired under this Act, or cut, burn, or destroy any timber, grass, or other natural growth, <>n said area or on any area of the United State< which heretofore has been or which hereafter may be set apart or reserved for the use of the Depart- ment of Agriculture as a game refuge or as a preserve or reservation and breeding ground for native birds, under any law. proclamation, or Executive order, or occupy or use any part thereof, or enter thereon for any purpose, except in accordance with regulation- of the Secretary of Agriculture: nor shall any person take any bird, or nest or egg thereof on any area acquired under this Act, except for scientific or propagating purposes under permit of the Secretary of Agriculture; but nothing in this Act or in any regulation thereunder shall be construed to prevent a person from entering upon any area acquired under this Act for the purpose of fishing in accordance with the law of the State in which such area is located : Provided, That such person complies with the regulations of the Secretary of Am-iculture covering such area. Sec 715j. That for the purposes of this Act, migratory birds are those defined as such by the treaty between the United States and Great Britain for the protection of migratory birds concluded August 16. 1916. [Migratory birds, included in the terms of the convention between the United States and Great Britain for the protection of migratory birds, concluded August 16. 1916. as incorporated in the regulations under the migratory bird treaty act of July 3. 1918 < U. s. Code, title i»i. Conservation, Bees. 703-711; 40 Stat. 755), are defined as follows: 1. Mi'jratory game birds: (a) Anatidae, or waterfowl, including brant, wild ducks, geese, and swans. o^ed of as provided by sectioo 5 of said Migratory Bird Treaty Act. [Powers and duties of enforcemeir ire defined by section 5 of the migratory bird treaty act as follows : 5. 'that any employee of the Department of Agriculture authorized by the tary of Agriculture to enforce the provisions <>f this art Bhall have power, without warrant, to arrest any person committing a violation of this act in his presence or view and to take such person Immediately for examination or trial before an officer or court of competent jurisdiction ; shall have power to execute any warrant or other | l by an officer or court of comp stent jurisdiction for the enforcement of the pro- visions of this act; and shall have authority, with a search warrant, to search any place. The several judges of the courts established under the laws of the United states, and United states commissioners may. within their respective jurisdictions, upon proper oath or affirmation Bhowing probable cause. i>^'ie warrants in all such cases. All birds, or parts, nests, or eggs thereof, captured, killed, taken, shipped, transported, carried, or contrary to tie- his act or of any regulations made pursuant 6 ADMINISTRATION OF ALEUTIAN ISLANDS RESERVATION b. S JS R 74]' thereto, shall, when found, be seized by any such employee, or by any marshal or deputy marshal, and upon conviction of the offender or upon judgment of a court of the United States that the same were captured, killed, taken, shipped, transported, carried, or pos- sessed contrary to the provisions of this act or of any regulation made pursuant thereto, shall be forfeited to the United States and disposed of as directed by the court having jurisdiction.] Sec. 715m. That any person, association, partnership, or corporation who shall violate or fail to comply with any of the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than $10 nor more than $500, or be imprisoned not more than six months, or both. Sec. 715n. That for the purposes of this Act the word " take " shall be construed to mean pursue, hunt, shoot, capture, collect, kill, or attempt to pursue, hunt, shoot, capture, collect, or kill, unless the context otherwise requires. (Act approved February IS. 1929, 45 Stat. 1222.) TRANSFER OF JURISDICTION The act of May 31, 1920 (U. S. Code, title 48, sec. 229; 41 Stat. 716), provides that " hereafter the powers and duties heretofore conferred upon the Secretary of Commerce by existing law, proclamations, or Executive orders with respect to any mink, marten, beaver, land otter, muskrat, fox, wolf, wolverine, weasel, or other land fur-bearing animals in Alaska, and with respect to the leasing of certain islands in Alaska for the propagation of fur-bearing animals, are hereby conferred upon, and shall be exercised by, the Secretary of Agriculture, and the powers and duties conferred upon the Secretary of Agriculture by existing law, with respect to walruses and sea lions, are hereby conferred upon, and shall be exercised by the Secretary of Commerce: Provided, That nothing in this Act shall affect the powers and duties conferred upon the Secretary of Commerce by existing law, proclamations, or Executive orders with respect to fur seals and sea otters, and jurisdiction over the Pribilof Islands and the fur-bearing animals thereon ; and hereafter the wardens and other officers here- tofore or hereafter appointed by the Secretary of Agriculture for the protec- tion of bird reservations in Alaska under control of the Department of Agriculture, or for the protection of fur-bearing animals in Alaska, shall have and exercise like authority and powers in the performance of their respective duties as are conferred upon game wardens by the Alaska game law of May 11, 1908 (35 Stat. 102), and by existing law upon officers and agents of the Department of Commerce employed in the salmon fisheries and fur-seal and sea-otter services in Alaska." U.S. GOVERNMENT PRINTING OFFICE: 1931 Digitized by the Internet Archive in 2012 with funding from University of Florida, George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation http://archive.org/details/reguflawfOOunit UNIVERSITY OF FLORIDA 3 1262 09218 5239