inland fisheries, to prevent or remedy the obstruction and pollution of streams, to regulate and prevent fishing, to prohibit the destruction of fish, and to forbid fishing except under authority of leases or licenses; which regulations shall have the same force and effect as if herein enacted, and may fix such modes, times or places as are deemed by the Governor in Council adapted to different localities, or otherwise expedient. Fishing Rules and Regulations, 1908. Lobster Fishery. 9. (As amended.) No person shall spear or hook lobsters or use hand traps in the waters of this Colony, nor shall any person purchase, can, or in any way use or export lobsters so taken. Herring Fishery. 19. Herring may be caught in nets or hauled in seines, and other contrivances, under the conditions and in the manner prescribed by these rules, and not otherwise. 20. . . . No purse seine shall be used in the waters of Newfoundland. 1371 21. Unless otherwise provided, no person shall use a seine for the purpose of catching herring in any of the waters of Newfoundland, except exclusively for bait and for immediate use for that purpose in the fisheries, between the first day of April and the first day of August in any year. 23. No person shall catch or take herring in a seine between the hours of twelve o'clock on Saturday night and twelve o'clock on Sunday night, under a penalty not exceeding one hundred dollars. 25. No herring seine or herring trap shall be used for the purpose of taking herring on that part of the coast from Cape La Hune on the West Coast, and running by the West and North through the Straits of Belle Isle to Cape John. Cod Fishery. 51. Any person using a herring seine or caplin seine on the coast of this Island to take or haul cod-fish shall be guilty of a violation of these rules. 62. No bultows shall be used on the fishing grounds from Cape La Hune to Cape Ray, both inclusive, in the district of Burgeo and La Poile. 63. (As amended). No person shall place in the waters of the Labrador Coast, any cod-trap, or cod-trap leader or mooring, nor shall it be lawful for any person to put out any contrivance whatsoever for the purpose of securing a trap-berth on that portion of the coast:-from Blanc Sablon to Gull Island, near the north-east point of Square Island, before noon of the first day of June; nor from Gull Island to a line drawn east and west (magnetic) from Collingham Island in Table Bay, before noon of the fifth day of June; nor from Collingham Island to Cape Porcupine before noon of the tenth day of June; nor from Cape Porcupine to Red Point on Byron's Island before noon of the fifteenth day of June; nor from Red Point to a line drawn east and west from a point two miles north-east of East Turnavik before noon of the twentieth day of June; nor from Turnavik to a line drawn east and west from Thumb Island near Cape Harrigan before noon of the fifth day of July; nor from Thumb Island north, before noon of the tenth day of July in any year. Provided that when any of the above dates fall on Sunday it shall be lawful to set the cod-trap or cod-trap leader, at or after noon on the day previous (Saturday). If any person shall set a cod-trap leader on the fishing grounds after the above dates, in order to secure the place for the setting of his cod-trap, and such person shall fail to set such cod-trap within four days after setting out such leader, it shall be lawful for any other person who may desire to secure the place where such leader was so set out for the setting of his (the latter's) cod-trap, to remove such leader, and then set his own leader or cod-trap in place thereof, and the latter shall be subject also to the provisions of this section as against any other who may so desire to set a leader of cod-trap; provided that if any person after setting his cod-trap leader shall be bonâ fide prevented by stress of weather or ice from setting his cod-trap within the said four days, such period shall be computed from the time at which the weather or ice shall permit of his setting such cod-trap. No bultows or trawls shall be used before the fifteenth day of August in any year on the fishing grounds within three miles of the Coast of Labrador or Islands on said Coast between a line to be drawn south-east from Cape Charles and a line drawn from east and west from White Islands in Domino Run. No cod-trap shall be set in Blackguard Bay, Labrador, except from the mainland or islands and rocks above water, inside a line to be drawn from Curlew Point, thence to Long Island Head to the northwest end of the Western Hare Island. 64. The use of cod-traps is entirely prohibited in Port-au-Port Bay; that is to say, in East and West Bay, and extending from Long Point (or the Bar) to Bear Head, north of Serpentine River, in the District of St. George. (Added.) The use of trawls of bultows is prohibited on the fishing grounds inside one mile from the shore in Pinnaire Bay in the Straits of Belle Isle. General. 77.... No person shall, at any time, in the waters of Newfoundland, haul, catch, or take squid within or by means of any seine, bunt, or other such contrivance. 78. No person shall between the hours of twelve o'clock on Saturday and twelve o'clock on Sunday night, take or catch in any manner whatsoever, any herring, caplin, squid, or any other bait fish, or set or put out any contrivance whatsoever, for the purpose of taking or catching herring, caplin, squid, or other bait fish. Caplain may be taken for fertilizing purposes by farmers or their employees during the usual season. 79. No person shall dig, take, buy, sell, ship or put, or assist in shipping or putting on board any boat, ship or vessel, or carry in or on board of any ship, vessel or boat, any clams, mussels, scallops, cock-and-hens, or other shell fish, for the purpose of exportation, or for any other purpose, except that of being bona fide for bait for the fisheries of this Colony, or of the same as prosecuted therefrom, or under a foreign fishing license in accordance with the rules thereon: Provided that any such shell fish may be taken for local food purposes and for boiling and canning. CANADA. Revised Statutes, 1906, Chapter 45. Whale Fishing.-9. No one shall at any time engage in the manufacture from whales of oil or other commercial products, and no vessel or boat shall be employed in the whale fishery, except under license from the Minister. 1372 6. The fee charged on each such license shall be eight hundred dollars for the first year, one thousand dollars for the second year, and twelve hundred dollars for the third and each ensuing year, and the fee on all subsequent licenses for the same factory shall be twelve hundred dollars; such fee shall be payable to the Minister of Marine and Fisheries, first on the issue of the license, and on the first day of July in each year thereafter: Provided, that the Governor in Council, after the first two years, may exact, in lieu of such fee, a sum equal to two per centum of the gross earnings of each factory, which shall be payable as aforesaid. 9. Boats known as tow-boats shall not be used by anyone in the prosecution of the whaling industry, and no vessel other than the vessel from which the whales have been captured or killed, shall, by any method or contrivance, bring or tow into port any whale for manufacture or other purpose; but nothing in this section shall prevent any one, other than the holder of a license, or his employees, from towing any dead whale to land, and having it manufactured or otherwise disposing of it in accordance with the provisions of this section. General Prohibitions. 47. No one shall fish for, take, catch or kill fish in any water, or along any beach, or within any fishing limits, described in any lease or license, or place, use, draw or set therein any fishing gear or apparatus, except by permission of the occupant under such lease or license for the time being, or shall disturb or injure any fishery: Provided that the occupation of any fishing station or waters so leased or licensed for the express purpose of net fishing shall not interfere with the taking of bait used for cod-fishing, or prevent angling for other purposes than those of trade and commerce. (7.) No one shall use a bag-net, trap-net or fish pound, except under a special license, granted for capturing deep-sea fish other than salmon. (14.) From the time of low water nearest six of the clock in the afternoon of every Saturday, to the time of low water nearest six of the clock in the forenoon of every Monday, in tidal waters, and from six of the clock in the afternoon of every Saturday to six of the clock in the forenoon of the following Monday, in non-tidal waters, all sedentary fishing stations and weirs, and all pound and trap-nets, seines, gill-nets and other apparatus used for catching fish, whether under license or not, shall be so raised, closed or adapted as to admit of the free passage of fish through, by or out of such арраratus; and during such close time no one shall catch fish in such apparatus, whether under license or not. 48. No one shall use purse seines for the capture of fish in any of the waters of Canada: Provided, that the Minister may issue special fishery licenses for the use of purse seines in certain waters in the Province of British Columbia specified in the said licenses. (3 Edw. VII, cap. 23, sec. 2.) Order-in-Council, September 12, 1907, promulgating Fishery Regu lations. GENERAL FISHERY REGULATIONS. Sec. 5.-Lobster Fishery. 13. No one shall prepare to fish for lobsters by placing or setting any buoys, lines or other gear used in connection with such fishing, before six o'clock in the morning of the day on which it is lawful to take or catch lobsters in the locality affected. Sec. 7.-Quahaug or Hard-shell Clams. 1. No one shall fish for or catch hard-shell clams or quahaugs without a license from the Minister of Marine and Fisheries. The fee on each such license shall be one dollar per season. SPECIAL FISHERY REGULATIONS. PROVINCE OF QUEBEC. Sec. 5.-Cod. No person shall carry on cod-fishing with seines at a less distance than one-half mile from any fishing grounds where fishing boats are anchored, and fishermen are actually engaged in fishing for cod-fish with hooks and lines. Cod-fishing in the Gulf of St. Lawrence (Quebec). 1. Fishing by means of cod trap-nets without a license from the Minister of Marine and Fisheries is prohibited in the waters of the Gulf of St. Lawrence. 4. The leader of each cod trap-net shall, in every case, extend from the shore, and any fishery Officer may determine in writing, or orally, the length of the leader that shall be used. 6. The fee on cod trap-nets shall be fifty cents for each fathom in length of leader, and such fee shall be payable in advance. Sec. 8.-Herring. 1. (a.) Fishing by means of herring trap nets without a license from the Minister of Marine and Fisheries is prohibited in the waters of the Gulf of St. Lawrence. (d.) The leader of each herring trap-net shall in every case extend from the shore, and any fishery Officer may determine in writing, or orally, the length of leader that shall be used. 1373 (e.) The fee on herring trap-nets shall be fifty cents on each fathom in length of leader, and such fee shall be payable in advance. Sec. 9.-Leases and Licenses. Fishing by means of nets or other apparatus without leases or licenses from the Minister of Marine and Fisheries, under the provisions of the "Fisheries Act" and section 8 thereof, or from some duly authorized officer of the Government of the Province of Quebec, is prohibited in the Province of Quebec. Sec. 18.-Salmon. 2. From the time of low water nearest six o'clock in the afternoon of every Saturday to the time of low water nearest six o'clock in the forenoon of every Monday no one shall fish for, catch or kill salmon in tidal waters. SECOND SCHEDULE. Specific provisions in respect of other matters relating to fishing of a similar character to those mentioned in subdivisions (1) and (2) of Question 1, which specific provisions the United States claims are not appropriate, necessary, reasonable and fair, as defined in Question 1, if applied to American fishermen on the treaty coasts. NEWFOUNDLAND. Act of June 15, 1905. 1. Any Justice of the Peace, Sub-collector, Preventive Officer, Fishery Warden or Constable, may go on board any foreign fishing vessel being within any port on the coasts of this Island or hovering in British waters within three marine miles of any of the coasts, bays, creeks or harbours in this Island, and may bring such foreign vessel into port, may search her cargo and may examine the master upon oath touching the cargo and voyage; and the master or person in command shall answer truly such questions as shall be put to him under a penalty not exceeding five hundred dollars. And if such foreign fishing vessel has on board any herring, caplin, squid, or other bait fishes, ice, lines, seines, or other outfits or supplies for the fishery, purchased within any port on the coasts of this Island or within the distance of three marine miles from any of the coasts, bays, creeks, or harbours of this Island, or if the master of the said vessel shall have engaged or attempted to engage, any person to form part of the crew of the said vessel in any port or on any part of the coasts of this Island, or has entered such waters for any purpose not permitted by treaty or convention for the time being in force, such vessel and the tackle, rigging, apparel, furniture, stores and cargo thereof shall be forfeited. 3. In any prosecution under this Act, the presence on board any foreign fishing vessel in any port of this Island, or within British waters aforesaid, of any caplin, squid, or other bait fishes, of ice, lines, seines, or other outfits or supplies for the fishery, shall be prima facie evidence of the purchase of the said bait fishes and supplies and outfits within such port or waters. Fishing Rules and Regulations, 1908. Herring Fishery. 39. No person shall place herring on a scaffold in warm weather. |