largely during pre-war years; and to discourage violation of maximum price regulations in transactions between fishermen and dealers. The order is to be administered so as to cause a minimum of interference with normal economic processes in the industry. (c) Definitions. For the purpose of this order and of any permits, directions, regulations or administrative documents issued under the order: (1) "Person" means any individual, partnership, association, corporation, or other business entity. (2) "Dealer" means any individual, partnership, association, firm, broker, agent, corporation, or other business entity engaged in the primary buying of halibut and other fish for his own account or the account of others. (3) "Halibut" means fresh fish as landed by or delivered from halibut fishing craft including Pacific halibut, "lingcod," rockfishes, sablefish, and other species as may be designated by the Fishery Coordinator, or his representative. (4) "Halibut fishing craft" means vessels or boats engaged in the catching of halibut and other species as provided for in the regulations of the International Fisheries Commission. (5) "Allocation" means the dividing of halibut fleet landings between the dealers within a port, according to quantities determined by the Fishery Coordinator or his representative, usually after recommendations by an industry committee. (6) "Representative of the Fishery Coordinator" means any person or persons duly designated to represent him in performing any of the delegable functions authorized by this order. (7) Except when the context clearly indicates otherwise each term and phrase has the same meaning as is given to it in War Food Order No. 52 (8 F.R. 1777, 3280, formerly known as Food Directive No. 2). (d) Permits required for dealers. No person shall either purchase or take delivery from fishermen of halibut, and no person shall operate as a dealer in halibut, at any port in Alaska, Washington, Oregon or California, except in accordance with a permit issued pursuant to this order by the Fishery Coordinator or his representative. Each permit shall authorize operation at one port only; but the same dealer may have several permits for operation at different ports. Such permits shall be shown by the permittee on request to any person from whom the permittee proposes to purchase halibut. No fisherman or any other person shall deliver or sell halibut to any dealer except in accordance with such a permit. Ap (e) Issuance of permit. (1) Permits shall be issued consistent with any allocation schedule set up under paragraph (g) below, and subject to such other terms and conditions as are deemed by the Fishery Coordinator or the Deputy Fishery Coordinator appropriate to furthering the purposes of this order. plications therefor may be filed with the Area Coordinator by any person desiring a permit. Until a particular form for a request is prescribed, any dealer who operated in a particular port during 1941, 1942, or 1943 prior to July 13, 1943, and desires to continue such operations, shall be issued a permit to operate as a dealer in that port by the Area Coordinator, upon informal request unless the Area Coordinator has reasonable cause to believe such issuance would interfere with the purposes of this order. Other permits snall be issued by the Area Coordinator upon application as set out in paragraph (f) below, if in the opinion of the Area Coordinator the applicant has or can obtain adequate facilities and is otherwise qualified and his operations would not unduly disrupt the marketing, processing and distribution of fish and would not interfere with the programs of the Office of Price Administration or the War Food Administration and would be otherwise consistent with the purposes of this order as set out in paragraph (b) above. The denial of any request or of any application shall be subject to appeal as provided below in paragraph. (2) Any application or request for a permit may be referred to the Office of Price Administration, the War Food Administration, the War Manpower Commission, and any other Government agency for report as to the effect the granting of the application would have on their respective war emergency programs, and recommendation as to the action appropriate thereon, with such supporting data and reasons as the agencies deem necessary. (3) A permit issued pursuant to application as set out in paragraph (f) below shall become invalid upon any change of more than 25 percent interest in the ownership of the enterprise as described in the application therefor. Such invalid permit shall be at once surrendered to the Area Coordinator. A new application for another permit may be filed immediately. (f) Applications. Applications for permits may be informal until a particular form is prescribed, but should indicate the port for which a permit is desired, the dates of the applicant's prior operations as a dealer in fish, the ports in which he operated, the amount of halibut purchased in each such port during each of the last three years during which he purchased halibut in that port, the equipment available to him for handling halibut in the port for which a permit is requested, where he proposes to dispose of any halibut purchased, and what arrangements if any he has made to secure such outlets for his product. The application shall also state whether the halibut-buying enterprise is owned solely by one person, the applicant, or is a partnership, corporation, or other form of business entity; and if the enterprise is not owned by a single individual, it shall state the name and extent of participation of every co-owner, stockholder, or other participant directly or indirectly owning more than a 25 percent interest therein. It may include any other relevant data, and reasons in support of the application. It shall be certified to as follows: I certify that the above information is true to the best of my knowledge and belief, and that I am aware of the penalties for making a false statement as to any matter within the jurisdiction of the Secretary of the Interior, under the Act of July 7, 1898, as amended, 18 U.S.C. 81. All applications should be filed in triplicate, to facilitate prompt action by the several agencies which may be involved. (g) Authority to set up supervised allocation programs. When the Fishery Coordinator or his representative deems it advisable in order to give effect to the purposes of this order he may set up a plan for supervised allocation of halibut among the dealers in any port in Alaska, Washington, Oregon, or California, and thereafter all halibut landed at such port shall be distributed among dealers there as directed by him or in the shares directed by him in accordance with an allo cation schedule for the pot approved by him. Any allocation schedule for a port shall be based primarily upon some equitable historical basis, with such adjustments as are reasonably necessary to further the purposes of the order as defined in (b) above, or to meet changed conditions or which in the opinion of the Fishery Coordinator or his representative, are otherwise justified: Provided, however, That no allocation of fish in the Port of Seattle shall be based solely upon purchases made prior to the 1943 season: And provided, further, That allocations to dealers who operated in a particular port prior to July 13, 1943, shall be subject to modifications not to exceed 15 percent of the total port landings in favor of other qualified dealers receiving permits, to the extent necessary in the judgment of the Fishery Coordinator or his representative to promote the purposes of this order as set forth in paragraph (b) and to avoid monopoly. Any allocation schedule should be worked out and applied so far as practicable to meet with the approval of the dealers in the port. The purchase or receipt of halibut contrary to any such allocation program or direction, and the sale or delivery of halibut by one who thereby knowingly contributes to a violation of such allocation schedule or direction shall be a violation of this order. (h) Records and reports. (1) All dealers shall keep and preserve for not less than two years accurate records concerning purchases by species of halibut, showing date, place and name of seller, and amount as to each purchase. (2) The Fishery Coordinator, or his representative, shall be entitled to make such audit and inspection of the books, records, and other writings, premises and stocks of halibut of any person, and to make such investigations, as may be necessary or appropriate in his discretion to the enforcement or administration of this order. (3) The Fishery Coordinator, or his representative, may require from persons affected by this order periodic reports showing the amount of halibut received in each separate transaction, with the date, name of seller and vessel. The Fishery Coordinator, or his representative, may also require from persons affected by this order such other material information as he may deem necessary to give effect to the purposes of the order. These record-keeping requirements have been approved by the Bureau of the Budget and specific recording and reporting requirements subsequently prescribed will be subject to the approval of the Bureau of the Budget, all pursuant to the Federal Reports Act of 1942. (i) Industry committees. An industry committee may be set up by the Fishery Coordinator, or his representative, in each port where an allocation program is established. Each such committee shall be representative of the various interests concerned, as by the inclusion of one large dealer, one small dealer, and one representative of the halibut fishermen, and shall advise with the local representative of the Fishery Coordinator and make recommendations as to the allocation schedule to be set up, and any other details connected with the administration of this order. (1) Orders and directions. The Fishery Coordinator, or his representative, may issue such orders and directions as he may deem advisable to accomplish the purposes of this order, and violation of any such order or direction shall be a violation of this order. (k) Violations, revocation. Any person who violates this order, or any order or direction issued hereunder by the Fishery Coordinator, or his representative, or any term or condition of any permit issued by him, or who by any act or omission falsifies records to be kept, or information to be furnished pursuant to this order, or who after the issuance of this order violates any price regulations issued by the Price Administrator, may, by a decision of the Area Coordinator, upon findings of fact made after reasonable notice and hearing, be prohibited from purchasing more than a specified quantity of halibut, or be prohibited from dealing in halibut, by suspension or revocation of any permit issued, or prohibited from receiving halibut or from clearing port to fish for halibut or from fishing for halibut, for a specified period of time. In exception circumstances, where the Area Coordinator has reasonable grounds to believe such violation has occurred, and if the circumstances are such that he shall deem such action reasonably necessary to carry out the purposes of this order, he may immediately suspend the permit or prohibit fishing for halibut pending such hearing. Permits which have been suspended or revoked shall be surrendered at once to the Area Coordinator, Area I. Such further action may be taken against the violator as the Fishery Coordinator, or his representative, deems appropriate, including recommendations for prosecutions under section 35 (A) of the Criminal Code (18 U.S.C. sec. 80), under paragraph 5 of section 301 of Title III of the Second War Powers Act, and under any and all other applicable laws. (1) Appeals and petitions for relief. Any person who finds that compliance with this order imposes an unreasonable burden upon him, or who is aggrieved by any action of the Deputy Fishery Coordinator hereunder, may petition the Fishery Coordinator for appropriate relief. Any person aggrieved by any action taken by the Area Coordinator or one of his staff hereunder, or by any direction issued hereunder, or who finds that compliance therewith imposes an unreasonable burden upon him may petition the Area Coordinator for appropriate relief; and after the hearing or other presentation of the matter before the Area Coordinator and after his decision, any person affected may appeal from the decision by filing a petition with the Fishery Coordinator. Any petition filed under this paragraph must include a full showing of the pertinent facts, and must be filed in triplicate; and when any petition is filed with the Fishery Coordinator a copy thereof shall be filed at or before that time with the Area Coordinator. Unless there has been a hearing on the matter earlier in the proceedings, the petitioner may have a hearing before final action by request included in his petition. (m) Delegation of authority; designated representative. For the purpose's of this order, the functions, duties and powers of the Fishery Coordinator may in his absence be exercised by the Deputy Fishery Coordinator. The Area Coordinator in Area I is hereby designated as the representative of the Fishery Coordinator, for immediate supervision of the administration of this order. All applications, petitions, and communications referred to herein shall, unless otherwise specified, be addressed to and filed with the Area Coordinator, Area I, Office of Fishery Coordinator, U. S. Department of the Interior, Seattle, Washington. the performance of these functions, the Area Coordinator, Area I, may designate any members of his staff to carry out any specific functions that may be assigned; and, in addition, he may delegate specific functions to any member of the staff of the Office of Fishery Coordination, or of the Fish and Wildlife Service, with the consent of the superior of such staff member. In (n) Effective date. This order shall become effective ten days after issuance, and where any supervised allocation program is set up pursuant to paragraph (g) above, deliveries of halibut received by a permittee during the 1944 season but before the effective date of this order, shall be considered as received under the quota or share awarded him under such program. Issued this 13th day of June 1944. HAROLD L. ICKES, Secretary of the Interior. [F. R. Doc. 44-8674; Filed, June 15, 1944; 9:58 a. m.] END OF 1944 HALIBUT SEASON IN AREAS 1 AND 2 ANNOUNCED The date for closing of the Pacific halibut fishing season for 1944 in Areas 1 and 2 was announced June 27 by the International Fisheries Commission. As provided by the 1944 regulations, fishing in these areas will terminate at midnight of July 9. Area 1 is defined to include all convention waters southeast of a line running northeast and southwest through Willapa Bay Light on Cape Shoalwater. Area 2 is defined to include all convention waters off the coasts of the United States and of Alaska and of the Dominion of Canada between Area 1 and a line running through the most westerly point of Glacier Bay, Alaska, to Cape Spencer Light, thence south one-quarter east. 1944-45 PILCHARD ORDER ISSUED BY OCF The United States' largest fishery, that for pilchards, will again be under Federal control in the 1944-45 season, according to an order issued on June 23 by Coordinator of Fisheries Harold L. Ickes. The pilchard fishery accounts for approximately 25 percent in weight of all U. S. and Alaska fish landings. Federal control was instituted in order to obtain maximum production to insure a smooth flow of fish into the various canning and processing plants, and to obtain a proper division between canned fish, meal, and oil. Some pilchards are caught in waters off Washington and Oregon, but the chief center of the industry is in California. The fish are familiar to most Americans as California sardines. The high food value, low cost, and transportability of canned pilchards have made them an important item for purchase both for the armed services and Lend-Lease requirements. This year, 55 percent of the pack will be reserved for such use. The Coordinated Pilchard Production Plan under which the industry will operate in the new season beginning August 1, does not differ materially from the plan which was in effect during the last season (Fishery Market News, 1943, Je 5, S 10, 0 43, N 15; 1944, Mr 8). This year, however, licenses will be required for purse seiners (the type of vessel normally used to fish for pilchards) fishing from Alaskan ports as well as those of Washington, Oregon, and California. The se licenses are being required this year so that the OCF may transfer suitable vessels from the halibut fishery to that for pilchards. The halibut catch is under international regulation and the full amount can be obtained by the normal halibut fleet without additional fishing by purse seiners. Every year, a number of purse seiners remain in North Pacific waters engaged in halibut fishing, going south to fish for pilchards only when the halibut season is ended. Since the halibut season was late in starting this year, it is feared that the purse seiners may be as many as ten weeks late in entering the pilchard fishery. This would cause a possible loss of 11,000 tons of pilchards, Last season, vessel owners violating the order could only be suspended from fishing, a remedy which tended to defeat the purpose of the order. This year, violators will be given a choice between keeping their vessels out of production or making certain payments to the United States Treasury. OCF APPROVES $3,500,000 IN FISHERY CONSTRUCTION Applications for more than $3,500,000 worth of controlled materials and products destined for use in fishing vessels, engines, and shore processing plants were approved by the WPB on the recommendation of the Office of the Coordinator of Fisheries during the 12-month period ended March 31, 1944, the OCF announced on June 6. Applications for controlled materials included more than 8,000 tons of carbon steel, alloy steel, copper, and aluminum products for use in the construction of vessels and engines. The average allotment per vessel is 6.91 tons of carbon steel, 0.114 tons of alloy steel, and 1,257 pounds of copper products. The average allotment per Diesel marine engine is 3.37 tons of carbon steel, 0.35 tons of alloy steel, 324 pounds of copper products, and 55 pounds of aluminum products. Class B products, or manufactured items for which priorities are required, totaled more than $2,000,000 worth of equipment including various types of engines, machines, refrigeration equipment, and canning machinery. Most of these products were for shore processing plants, with the exception of some auxiliary engines for fishing boats. The applications also included 1,786,000 feet of lumber and other building materials for shore plants. The estimated cost of materials approved during the 12 months ended March 31 has been the equivalent of $296,371 per month, or $9,723 a day. A summary of the approved materials and products is as follows: CONSTRUCTION OF NEW FISHING VESSELS AUTHORIZED BY OCF Construction of 877 new fishing vessels has been authorized by the Office of the Coordinator of Fisheries during the past year to augment the U. S. fishing fleet, depleted by requisitioning of hundreds of its finest vessels for use by the Army and Navy. Of the total number of vessels authorized between May 13, 1943, and April 30, 1944, 473 were scheduled for completion by March 31 of this year; the remainder during the balance of 1944 and the first half of 1945. Field representatives of the Coordinator's Office are now making a survey in their respective areas to check on the number of vessels actually completed on schedule. When the authorized construction has been completed and the new boats placed in service, the U. S. fishing fleet will be approaching its normal pre-war size although shortages of certain types of vessels and in some areas may still be apparent. Construction needed merely as replacements for vessels lost or worn out is estimated at about 275 boats a year. However, in addition to the new boats being added to the fleet, a substantial number of the vessels taken for military service have been restored to fishing or will be returned soon. The numbers and types of fishing vessels authorized for construction in each area are as follows: Over-all control of lumber was established on June 23, by the WPB. This control affects all users of lumber, wholesale and retail distributors, and all but the very smallest saw mills. It affects the householders who use lumber for a shelf or a bookcase or for a new porch floor as well as the large industrial consumers who use lumber in the manufacture of shipping boxes and crates, ships and motor trucks, furniture, agricultural implements, and the almost countless other items for which lumber is used. Order L-335, as amended, is a complete revision of the original order issued in March 1944. It sets up the procedures under which sawmills deliver lumber, distributors receive and deliver lumber, and all consumers receive lumber; and it also controls, through quarterly authorizations, the amount of lumber that large industrial consumers may receive. These procedures will be used in carrying out the WPB Requirements Committee's program alloting lumber for the third quarter, 1944, to claimant agencies and WPB industry divisions. ROPE SITUATION STILL CRITICAL Requirements for rope in the third quarter of 1944 will be approximately the same as prevailed in each of the first two quarters of the year, War Production Board officials said at a meeting of the Cordage Industry Advisory Committee, WPB reported June 16. Processing results from the first five months of the year show that the over-all rope program is being met despite serious manpower problems facing the industry. The problems concerning the use of American hemp as an extender in the making of rope were discussed. Beginning July 1, the cordage program will require the use of American line hemp in sisal rope. It is contemplated that the percentage of American line hemp in rope will be revised upwards in the third quarter. RUBBER BOOT CERTIFICATES GOOD INDEFINITELY Ration certificates for the purchase of men's rubber boots and rubber work shoes will be good indefinitely, the OPA announced June 9. Removal of certificate expiration dates for both consumer and trade use is in line, OPA said, with continuing action to simplify ration regulations. The action validates any such certificates that have expired but have not yet been canceled. Amendment 11 to Ration Order 6A, Men's Rubber Boots and Rubber Work Shoes, became effective June 12, 1944. OCF AUTHORIZED TO CERTIFY DRAFT RECORDS OF CAPTAINS AND ENGINEERS The Selective Service System in early June liberalized deferment policies applying to captains and engineers in the fishing industry. The Coordinator of Fisheries was authorized to certify to State Directors for deferment, registrants under 26 years of age who are bona fide captains or engineers on commercial fishing vessels 10 gross tons or over. Registrants in this category or their employers have been instructed to execute Form 42-A Special, obtainable from local draft boards and transmit to their Area Coordinator of Fisheries who, with the assistance of industry consultants, will screen applications in accordance with Selective Service policies. The State Director will forward such certified forms with his recommendation to local boards for final action on deferment. WMC OUTLINES MANPOWER RECRUITMENT PLAN Paul V. McNutt, Chairman of the War Manpower Commission, on June 23 announced conditions under which WMC will recruit workers for essential industries for migration from one section of the country to another under priority referral beginning July 1, when all hiring of male workers through the United States Employment Service, or its designated agencies, including employers and union hiring halls, becomes effective, Transfer of workers from area to area or from region to region will be effected only after certain requirements affecting manpower have been complied with. Before interregional recruitment of workers for a specific employer can be undertaken, the WMC regional director originating an order for recruitment outside his own region must certify to WMC headquarters in Washington that ten conditions have been met or will be met. The ten conditions, announced by the WMC chairman, are: 1. That the employer (for whom interregional recruitment is requested) is making full 2. That all local sources of labor supply have been exhausted. 3. That the need for workers is hindering, or in the near future will hinder, war pro- 4. That the mumber of persons requested by the employer represents that employer's 5. The employer's specifications represent the minimum specifications for performance 6. The employer will follow a positive recruitment itinerary arranged by USES, and 7. If medical examinations are required, they will be given at the employer's expense |