Laws and regulations for the administration of the Aleutian Islands Reservation, Alaska


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Laws and regulations for the administration of the Aleutian Islands Reservation, Alaska
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United States -- Bureau of Biological Survey
United States -- Dept. of Agriculture
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S. R. A.-B. S. 74 *1 --, jaif'i MarA, ,. ':
i ... # .. I%,% j

United States Department of Agriculture




Regulation for the Aleutian Isla:nds H, servation, .\l ----------------- ------- 1
Ex cuitiive onl. r ,.tilaliihini Al',. -tian Isands Re5serviation------------------------ 4
La\\s l1r,,rectiiig wild lift' ad irtop'.rty on F d,-r;. l r fulg ----------------- ------ 4
Extracts frrin 0l, iini''r: iryv bird, i '.'r\':ti, t---- ------------- 5---------------
Tra.insftr of jriii-id nii'i-------------------------- ----------------------------- 6


Pursuant to -e ti on 10 of the ini -.i ti' 'bird l(etlSC 'vl ion ;it of February
18, 1929 (45 Stat. 1222-1224), the acit of June 2S., 196, as niiilended April 15,
1924, to protect wild life and property on F-dcr:iil ie-ervations (43 Star. !'.I: I.
S. Code, title 18, sec. 14-5), and 1by virtue of authority vt-.tcd in th,: Secretary
of Agriculture lby Executive Order No. 17.'o:- ,f March 3, 1913, and lther%%i-t-,
thle following regulatimins are herely Ipreer.riled. effective Nuv inlietr 1, 1i,.-l, for
the administration of the Aleutian I-lanud-; Re:erv;tion, Alaska, 1t.'reinafter
referred to as the re.ervatin :

Regulation 1.-Protection of Animals and Birds and Entry upon the

I- itry upon any of tihe isl;ind(s and use tlifreuf for purpo.,es not inciisi-tent
with the objects for \li<-li the re>,(,r\;itiin \ ;s est;il)lislietl and not inconsistent
with any oultstandilln ,permit issued l icreunder may be made, without permit,
except that no person shall hunt, take,, capiiture, kill, or willfully disturb, at
any time or in any manier, any wild animrnl or bird or any nest or eg;; of any
such bird within tlhe re-ervation ; utilize 1.ind. therein for fur or
st-i k grazing; :erect, a building or other permanent structure on Unimak
Island; Own, possess, maintain, or harbor a (log oni Unimak Island, or allow
any (log. owne(ld, possessed, maintained, or liarbo)red to run loose within the
reservation at a distance of more than 1 mile from tlhe center of any village
therein, without a permit as herein provided from thle administrative officer,
Bureau of Biological Survey, Juneau, Alaska; and then with respect to the
taking of game animals, land fur-bearin: animals, and birds only in accordance
with tlhe Alaska game law of January 13, 10.25 (43 Sta;it. 739; U. S. Code, title
48, sees. 192-211): Prorided, That no sheep or other livestock shall be intro-
duced within the reservation under a L-razin! permit unless such stock is free
of external parasites, including lice, srhab mites, true ticks, and sheep ticks
(Melophagus orius) : And provided further, That no permit will lie granted
to an alien individual to engage in stock raising, or to a corporation or conm-
pany more than 50 per cent of which is owned by an alien or aliens to engage
in stock raising or fur farming.
87233-81 1
tlANI-SVILLE. n'.oi In


Regulation 2.-Permits

Subject to existing lhw 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 swvorn 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 (lesire'd; 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
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, Juiieau, Alaska, under the ex-officio
commissioner for Alaska designated by the Secretary of Agriculture under the
;ic-t of Flbruary 10, 1927 (44 Stat., pt. 2, 1008). Remittance hereunder in form
other than by postal money order or bank draft may be accepted by the said


administrative officer, Bureau of Bioblgival Survey, at his disc-retiIli :idi1 Ip'l,,
his own responsibility, except that remitt:ince in cash inu-t not be :i-ptlited
unless no other form of remitt; ince is practicalble.

Regulation 6.-Transfer of Permits

No permiit issued under Hio authority of the D)partillilit of A g'rilulture or
these regulatatiiji-: for any area:, use. lpurpos.. or privilege coliernilig the i,-tl'rvi-
tion, or ;any i.;ilid tIr portion thereof, sliill bh sold. a;lrtered, ex-lii :,(cd,
or trinsflerred by Ilie permiitte' to aidllier, and 110 aI4reee4ncit to do
so shall blie entered into by the 'ermnittee, "ilhout lir-.l furii.-iii;g lthe said
adiiiiiiisltr ilive offthi(er with the full dt:ilk of ainy such propoteil tr;ii-aiction
and olitainin, Ilis; (t',ai'-vnt thereto, and no sinih arralnLemi.l t -h;ll liclnome
effective until the old lprmit lia- 1erni surrLendlered for cainrcllation and a
newi permit i-sued.

Regulation 7.-Cancellation of Permits

Any and every outst;iding permit afTectin- the re-.rvation or permit i- -,i'd
hereunder is subject at all times to di-cretionary revocation and terniiii;ition
by the Secretary of Agriculture.
The administrative doficer may cancel any outstanding permit i--ied by, or
under authority of, this department for any -iie or privile&,e concernini the
reservation upon the ren(uest of or under mutual agreenlenet with the p1i inittee;
for failure of the permitted to report as required by the prmit; for failure to
stock an island under permit with the number of foxes or other ailiiinil-, as
required by a(nd within the terms of the permit; for ali.aidonment of the area,
purpose, uwe, or privilege covered by such permit; or for the mol.-fi ii by the
permitted of native lburyinlg grounds or improvements or interfering with Ina-
tives cultivating a.custonid lands, and tlhe, ex-officio coimii<-ioner for Alas-ka
designated by the Secretary pursumint to the provisions of the act of Fi ebra ry
27, 1927 (44 Stat., pt. 2, 1068) may cancel any outstindin'- permit relating to
said reservation for any other good and stli,.ieit re;i.,on.
An appeal may be taken from an.y administrative action or deci-inn of the
administrative officer or the ex-oflicio comnmissionler for Ala-ka upon tiling
with the officer who rendered the deciiiin a written reque-t for recoisidirai-
tion thereof or notice of appeal. Decisions of said offi(crs shill I1e linal ile-s
appeal is taken tberefroim within a reasomalile time. Decisi, in- of the adlinnis-
trative , appealed from shall be reviewed by the ex-,ffirio commissi,,ier
for Alaska and decisions of said commissioner shall be reviewed by the Secre-
tary of Agriculture. In ca-es where delay would be prejudicial the Secretary
of Agriculture will consider a direct appeal from any action of the adminis-
trative officer.
Unless ; thle written notice of alipeal contains an acceptable ra;i-on for allow-
ing a longer time for the prepsi ration of thle c:;i-e, the appell;int shall tile
immediately a statement or brief setting fortli in detail the respect-, in which
the action or de-ision f'riin which aljiea;l is tfiklen is contrary to or in conflict
with the law, the regulations of the Se'lretary of Ag"riculture, or the deterinied
facts. UpolI receilit of sicil statineont or brief tlie oltier from whose a,;tion
or decision the appeal is made, shall pre.I, re a statement or 1,rier reviewing, the
case anld plruseatilL ill. falN's u ,inl coiisideriationis 1po, which Iis actii or
dec'isim is ,aised. The two statements or brief:', toct, tle'r with all p;apr- 'nm-
prising tlhe record in tli- c.a-i. shall then be trlnsnitted to thle ofici.-r to whom
the apipeail k i:made. Will will thlirteilpon review the c;i(' and( advise, both the
apiellant and1 thle .-.ulordinl:te officer of his decision.

Regulation 8.-Removal of Property

I'pn thle terminition of any print ilTecting the Alet liilan Islands R.-,'rva-
tion hv expiratiion 4)r bh forfliture or c;iiirvellati,, tlcreoft, jIlr-l; lint to r',iu:li-
tion 7 1I4treor, in the ai-(', e( of ;in a-e'',nment ti tMe ,ontr.iry, if :ill 'eet, due
tlie Goverinment have )been paid. the pierlnittee' may, within a r.easoialde le'riod
to Ie (determinled1 by the adiniiistrativi ofitiTi,., remolve all lrioprty i,.hludilng
fur-bearinPg :ini ;als lhellniuiz to ]iii. t,,etlier wilh any bu)liilin-s or imlprolve-
ments of any kind th;fit may have e'-f. crerttetl by him. Ilut if nIot revin've(d
within the period ,f time specifiedl by thle administrative oclli ir, such animals.
buildings, a.nd/or improvemeni, ts shall berli,.le t1ie property if' tlie 1"nited Stnte?.

B. S. 74]


Regulation 9.-Previous Regulations Revoked

The regulations of the Secretary of Agriculture for the Aleutian Islands
Reservation, Alaska, promulpated Septemibl)er 14, 1928, are hereby revoked,
effective November 1, 1930.

S IN TESTIMONY WHEREOF, I have hereunto set my hand and
1 caused the seal of the Department of Agriculture to be affixed
in the City of Washington. this 31st day of October, 1930.
Secretary of Agriculture.


It is hlereby ordered that all islands of the Aleutian Chain, Alaska, including
Uninak 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.
THE WHITE HOUSE, March 3, 1913.
[By Executive order of November 23, 1928, the islands of Akun, Akutan,
Sanik. 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.] 1
[U. S. Code, Title 18, Criminal Code and Criminal Procedure]

Si.4c. 145. Whoever shall hunt, trap, capture willfully disturb, or kill any bird
or wild .mimnil of any kind whatever, or lI:ke or destroy the eggs of any such
bird on any laii( of the United St ates which have been set apart or reserved
as refugr.. or breeding .-rounils for such birds or animals by any law, proclama-
1 For information ,ic.riiini t(ho Ii n.vsiii of public lands in Alaska, outside of national
for,-i,., fir fur-farimin-g r 4i r;r/ii r iuirli(-s, unhler the provisions o(if the acts of July 3,
11.21', (44 Stat., lit. 2, .1-21; 1'. S. Code. Supp. III, title 48, sees. 360. 361) and March 4,
1 1. (44 Siat., pt. 2, 1 l', ; U. S. Codle,, Supp. Ill, title 48, sees. 471-471o), inquiries should
be ililressd to the General, ,lli,''. Aiic.'hri. .g, Alaska. For in'oruiatlion concerning
the use of l.n11.s within the na;ti,'11: 11 r' ,.t; in .\li'ka. inquiries should be addressed to the
Forest r'viie, J nii.a u, A\lask:i.


tion. or Executive order. ex'jept uiind'-r :-iich irul- and reFillations a tihe Se're-
tary of Azriculture may, frm'n time to tilll,, pre-ril o. ,r W110o Thall willfully
injure, ,nolest, or destroy any properly of lhi United State- ,in any sui-h landls
-,hall be tined not more lh;an $5.1,. or i:jiipri-'ted not more than six months, or
loth. (S ,c. S4, a.t of March 1, PO!). as aii,'iiiltl Alpril 15, 12'-4, 43 Stat. is.

[L'. S Cod,', Suiipl,'l.n t III, Tit.. 16, Conservation]

SEC. 7151. That no lper-,on shall kniwifly litiurbl. injure, or de-,tr,'y any
notice, signboard, fence,, buildliniZ. diirh, dani. dikr enlankmnient, luniii,. -liill,\ay,
or other improvement or lproqprty of Ahr' United ST;ilc- 4pn any area a ,liiredl
under thi- Act, or cut, burn, or d,'stroy any timnher, grass, or other natural
growth oill said area ,, ,i, ;iy 11'L'ria of the United State, wliiih lietvtofifri 1l1is
been or which ho-reafter may he 0et ap.l'i't or r!-r 'rv,'d for the u-e of the Depart-
ment of A.griculiltllrc as a Za1Il 1efutl1e '(r a-s a pr,-,erve or r''SI'rvatindl and
breeding gromiid for iiative bird-,. md-r any law. prl.1;Liniali,,. or ELxc- litv
order, or (occuliy or u..e any a ;rt llih-rof, or enttr tl i'" r-In for any limrlio'e.
except in a',:,,rdal'ie with regill :ti ,,l of tlhe Se',reTary of AZriculture; 1n4r
-hall any l ersin take any bird. or i,'-t or e tIntrof on ai y area a'quiired
under this A't. .xcelit for -(.cntiific or pr, paii;tini purp' ,-e- udir 1ixrinit ,f
the Secretary of Agriculltire; but ii',thinLr in this Act or in any rt-.rulbation
thereunder shall be ,on-tru',il to pr,-velt a pe1r'iin from enterin.- uploIIn any ae(.aI
acquired under thi Act for the purpose of fi-hina in a,'r,-rdai-,, with the law
of the State in which such area is located: Proridrd, Thlat such person complies
with the regulation, of the SOcret;Itry of Agriculture .,verinI s-ucrh area.
SEC. 715j. That for the pUi'rpo)oes of this Act, ligraitory birds are tho?.e defined
as such My the treaty between the Unit,,d State, and Great Britain for the
protection of migratory birds con' lud.ed Au'-tu-t 16, 1916.
[Migratory birds, included in the terms of the conv.-ntion between the United Stat,-s
and Great Britain for the protection of migratory bird-;. c,.nilludod A-zii-ut 16, 1916. as
incorporated in the regulations undcr the migratorv bird t,'-aty act (of July 3. 1918
"'. S. Cod,, tille 16, Conservation, sees. 7-',u-711; 41.1 Stat. 755), are d'-iidtl as iullows:
1. Migratory game birds:
(b) Gruidac, or cr:an,,. incliidirin little brimwn. sandlihill. and whoopi,- cranes.
ko) Rallidap, or rails, including coots, gallinules, and sora andl orlir rails.
(d) Limicolae, or shore birds, including roets curlews. do\\itiher;. gi idwits, knots,
oyster catchers, phalaropes, plorvirs, s:;indIilpers, snipe, stilts, surf birds, tuiirnstines,
willet, woodcock, and yellowle,_s.
(e) (C'olumbidap, or pigrooni, inludiiin (]-v' ainil wild, pige.,,s.
2. Migratory inyrcfitoroiuis brids.- ( in koos; flickers and nthor ; night-
hawks or bull-bats and whip-poor-wills ; .-'.vifs ; humrming 11 id ; fly.':itchers; bobolinks,
meadow larks, and orioles: grosbeak-: alan:i.- er ; martins and otiir swallows; wax-
wings; shrikes; vireos; warblrs ; pipiit-s; c;itlhiril, and brown thrashers; wrens; brown
creepers; nuthatches; chickaders aind itiri'.-,: kiilets and g-natcatchers; rnil,'ii and
other thitruslies; and all other prrchinLn 1,irds wlhirh fec-d entirely or cli-t1fly on i,-.'ts..
3. Other migratory nonq- in.' bir,-. Auks, auklets. bitt'iriis, flinliars. ,'ainnit1. gr, libes.
guill' m, cts, --ulls, lihe rons. j:.;i 'rs loons, 1 m ,r, n '1,i:. i'tr,''ls. luffins, shearwaters, a,,I1 terns .]
SEC. 7151. That for tir, .flihieiit exrition of this Act, the jud',- of tle ev-
,ral courts establi-h,.,d under the laws of the United States. United States c(,ni-
mnissionIcrs. and per-n'i- a;ppointeld bly 1ll.' S-,retanry of Ari'i.-iilture to ilf,,re
this Act, shall have, with respe,:t tlion,'to, like pliW,'rs and duties ias are cin-
ferred liy section 5 of llti MiL,'ratory Bird Treaty Act (title 16, -cetiiin 7t0; of
the lI'nitied S at .c's C,: 1,) liil i -aid ju,.i..'-. cOi-in ii>--i<,Ice''s. and ('lili,''-. of
the Departmnent of Agi i ilture :allplinted to enfil'cv the Art last afoiesaid.
Any bird, or part, nest or ,gi tl ,ir,,,f, t:Ak'-!i or pI'."-,.--'.,.1 <,,trary to this Act,
when -eized sliall li, l di-li-edi of as pri'vil,'-d by .-c''tion 5 (if siid .Mig-ratory
Bird Trneaty Act.
[Powers and duli., of Pnfu,,,' 'li. ers are 'infin. by section 5 of the migratory
bird treaty act as follows:
SEC. 5. That any .*inil ,y-.v rif t lif Depar tment if .\ ri t ult ure aitl iriz, d 1by the
Secretary of Agriciiiture to enforce the l'rovi-i>n,- of this act shall hive piver, witliout
warrant, to arrest any pi.'r:.,iT (I ,lri Iting- a violation ,f this act in his presence or vi,'w
and to take such persm'. in ia rdiatily 1' ir ,,xa,!,in:ition or trial lit',I'c; an officer or court
Of coinmpetent juri-di':tion ; shall i;iv,. ',,w'r I, ,-xe0'cute 1any warrant or other pri'css
issued by an officer or court of iin, p 'int jijri;-iii'(iin f',r the enfrI',1.,1nt ,f the pri-
visions of this act; and shall hayv. n ill ,it.1 .%Il n; so.arch warrant, to search any place.
The sevi'al judges of the courts ,.. .. i-h'ld ,:na lr thle ln;%s itf the l'nitt.d* S ,T-,. and
United States eornmnii-sioIrs iioay. within their 11', rv1tiv'' iiiri-'li'liiiii. ,ip, 1, ;irI,,1 r
oath or affirmniation shi'win, Iribalile u.ivlls. i--',i, w;ir''an1i in :ill .. liv -.'-. All 1,irdls,
tor paris. nists. or i'2', thi'rvif. .:iptiir.'i. kill...], tak nii. slipij, ,d. calri.d. or
p'dI contrary t.j the prvii-,,,i-, .f this ict or of any r,.-'ih:tilns in;tle pursuant

U. S. 74]

[S. R. A.

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
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 upiol 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 purpo-cs 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 th- context otherwise
requires. (Act approved Februory 18, 1929, 45 Stat. 1222.)


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 Islauds 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."


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