Hynes

Hynes v. Grimes Packing Co.

Good Law
11 Alaska 564·165 F.2d 323·1947 U.S. App. LEXIS 3735
United States Court of Appeals for the Ninth CircuitNovember 21, 1947No. 11585California5,059 words

Opinion

lead Opinion

Denman, J.

Appellant Hynes appeals from a permanent injunction enjoining him “from enforcing or attempting to enforce the restrictive provisions of Section 208.23 (r) of the 1946 Alaska Fisheries General Regulations and from seizing any boats, seines, nets, or other gear and appliance used or employed in fishing by the plaintiffs in the waters in and adjacent to the Karluk Indian Reservation situated on Kodiak Island, Alaska, three thousand feet seaward from the shore at mean low tide or any fish taken therewith, or from arresting any of plaintiffs’ fishermen who carry on fishing operations in said waters.”

The district court found that appellant, as Regional Director of the Fish and Wildlife Service of the Department of the Interior, had threatened to seize the appellees’ fishing boats and catches of salmon and to arrest their fishermen, some six hundred in number, in the manner prohibited by the injunction, purporting to act under the summary procedures of Section 6 of the White Act of June 6, 1924, 48 U.S.C.A. § 226 .

*567 The court held against appellant’s contention that these ocean waters below low tide 1 had been included in a reservation 2 for the Indians of Karluk village located…

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