Page:United States Statutes at Large Volume 58 Part 1.djvu/120

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PUBLIC LAWS-CHS. 64, 65-FEB . 26 , 1944 February 28, 1944 Hi.a . 224] [Public Law 23] rurMab. "Pelagio sealing." "Se.ling." "a otter hunting." "Person." "8ecretary." "Fur-seal agree- ment." Pot, p. 1379. "North Pacifio Onma." . Import." (2) The United States, or those acting by or under its authority, in the exercise of rights or powers arising from whatever jurisdiction the United States has in, over, and to the waters of the Belle Fourche River and all its tributaries shall recognize, to the extent consistent with the best utilization of the waters for multiple purposes, that beneficial use of the waters within the Basin is of paramount impor- tance to the development of the Basin; and no exercise of such power or right thereby that would interfere with the full beneficial use of the waters within the Basin shall be made except upon a determination, giving due consideration to the objectives of such com- pact and after consultation with all interested Federal agencies and the State officials charged with the administration of such compact, that such exercise is in the interest of the best utilization of such waters for multiple purposes; (3) The United States. or those acting by or under its authority, will recognize any established use, for domestic and irrigation pur- poses, of the apportioned water which may be impaired by the exercise of Federal jurisdiction in, over, and to such water: Provided, That such use is being exercised beneficially, is valid under the laws of the appropriate State and in conformity with such compact at the time of the impairment thereof, and was validly initiated under State law prior to the initiation or authorization of the Federal program or project which causes such impairment. (b) As used in this section, the following terms: "beneficial use", "Basin", and "apportioned water", shall have the same meanings as those ascribed to them in the compact consented to by this Act. Approved February 26, 1944. [CHAPTER 65] AN ACT To give effect to the Provisional Fur Seal Agreement of 1942 between the United States of America and Canada; to protect the fur seals of the Pribilof Islands; and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when used in this Act- (a) "Pelagic sealing" means the killing, capturing or pursuing, or the attempted killing, capturing, or pursuing of fur seals at sea, whether within or without the territorial waters of the United States. (b) "Sealing" means the killing, capturing, or pursuing, or the attempted killing, capturing, or pursuing, of fur seals in or on any lands or waters subject to the jurisdiction of the United States. (c) "Sea otter hunting" means the killing, capturing, or pursuing, or the attempted killing, capturing, or pursuing, of sea otters at sea, except in waters subject to the jurisdiction of the United States where other laws are applicable. (d) "Person" includes individual, association, partnership, and corporation. (e) "Secretary" means the Secretary of the Interior. (f) "Fur-seal agreement" means the provisional fur-seal agreement between the United States and Canada effected by an exchange of notes signed at Washington on December 8, 1942, and on December 19, 1942, and any other treaty, convention or other agreement here- after entered into by the United States for the protection of fur seals ) "North Pacific Ocean" includes the Bering Sea. (h "Import" means land on or bring into, or attempt to land on or bring into, any place subject to the jurisdiction of the United States. [58 STAT.