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 Regulations.

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 primâ 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.

CANADA.

Revised Statutes, 1906, Chapter 45.

Powers of Fishery Officers and other Justices.

69. Every subject of His Majesty may use vacant public property, such as by law is common and accessory to public rights of fishery and navigation, for the purposes of landing, salting, curing and drying fish, and may cut wood thereon for such purposes, and no other person shall occupy the same station unless it has been abandoned by the first occupant for twelve consecutive months; and at the expiration of that period any new occupier shall pay the value of flakes and stages and other property thereon, of which he takes possession, or the buildings and improvements may be removed by the original owner.

Revised Statutes, 1906, Chapter 47.

Boarding and Search.

5. Any commissioned officer of His Majesty's navy, serving on board any vessel of His Majesty's navy cruising and being in the waters of Canada for the purpose of affording protection to His Majesty's subjects engaged in the fisheries, or any commissioner officer of His Majesty's navy, fishery officer or stipendary magistrate, on board of any vessel belonging to or in the service of the Govern

ment of Canada, and employed in the service of protecting 1374 the fisheries, or any officer of the Customs of Canada, sheriff,

justice of the peace or other person duly commissioned for that purpose may go on board of any ship, vessel or boat within any harbour in Canada, or hovering in British waters within three marine miles of any of the coasts, bays, creeks, or harbours in Canada, or in or upon the inland waters of Canada, and stay on board so long as she remains within such harbour or distance. R. S., c. 94, s. 2.

6. Any one of the officers or persons herein before mentioned, may bring any ship, vessel, or boat, being within any harbour in Canada, or hovering in British waters, within three marine miles of any of the coasts, bays, creeks or harbours in Canada, or in or upon the inland waters of Canada, into port, and search her cargo, and may also examine the master or person in command upon oath touching the cargo and voyage. R. S., c. 94, s. 3 and 20.

Order-in-Council, September 12, 1907, promulgating Fishery Regu lations.

GENERAL FISHERY REGULATIONS.

Sec. 5.-Lobster Fishery.

12. No one shall, for canning purposes, boil lobsters on board any ship, vessel, boat or floating structure of any description whatever, except under special license from the Minister of Marine and Fisheries.

THIRD SCHEDULE.

Specific provisions in respect of customs regulations, and light, harbour, and other dues referred to in Questions 3 and 4, which are

claimed by the United States to be inconsistent with the true interpretation of the treaty if applied to American fishermen and executed against them in such a manner as to restrict them in the free exercise of their treaty liberties and privileges.

NEWFOUNDLAND.

Act of March 30, 1898.

Report and Entry Inwards.

22. The master of every vessel coming from any port or place out of this Colony, or coastwise, and entering any port in this Colony, whether laden or in ballast, shall go without delay, when such vessel is anchored or moored, to the Custom House for the port or place of entry where he arrives, and there make a report in writing to the collector or other proper officer, of the arrival and voyage of such vessel, stating her name, country and tonnage, the port of registry, the name of the master, the country of the owners, the number and names of the passengers, if any, the number of the crew, and whether the vessel is laden or in ballast, and if laden, the marks and numbers of every package and parcel of goods on board, and of the sorts of goods and the different kinds of each sort contained therein, and where the same was laden, and the particulars of any goods stowed loose, and where and to whom consigned, and where any, and what goods, if any, have been laden or unladen, or bulk has been broken during the voyage, what part of the cargo and the number and names of the passengers which are intended to be landed at that port, and what and whom at any other port in this Colony, and what part of the cargo, if any, is intended to be exported in the same vessel, and what surplus stores remain on board, as far as any of such particulars are or can be known to him.

Entry Outwards.

96. Except as provided by section 112, the master of every vessel bound outwards from any port in this Colony to any port or place out of this Colony, or on any voyage to any place within or without the limits of this Colony, or coastwise, shall deliver to the collector or other proper officer a report in writing outwards under his hand, of the destination of such vessel, stating her name, country, and tonnage, the port of registry, the name of the master, the country of the owners and the number of the crew; . . .

97. The master of every vessel, whether in ballast or laden shall, before departure, come before the collector, or other proper officer, and answer all such questions concerning the vessel, and the cargo, if any, and the crew, and the voyage, as are demanded of him by such officer, and if required, shall make his answers or any of them part of the declaration made under his hand.

* *

98. If any vessel departs from any port or place in this Colony without a clearance, or if the master delivers a false content, or does not truly answer the questions demanded of him, * the master shall incur a penalty of four hundred dollars; and the vessel shall be detained in any port in this Colony until the said penalty is paid; and unless payment is made within twenty days, such vessel may, after the expiration of such delay, be sold to pay such penalty,

and any expenses incurred in detaining, keeping and selling such vessel.

112. Entry outwards of any vessel bound from the coasts of Labrador to any place out of this Colony, shall be made according to sections ninety-six and ninety-seven of this Act: Provided that should the master of any vessel by reason of the absence of the collector or

by reason of his inability to reach the collector, be prevented 1375 from clearing his vessel in conformity with the provisions of the above-quoted sections of this Act, the owners, shippers or consignors of the cargo on board such vessel shall deliver to the collector at St. John's at the earliest opportunity, an entry, in the form required by section one hundred of this Act, of such parts of the cargo as have been shipped by them respectively, and in case of such person neglecting or refusing to deliver such entry to the collector at St. John's, they shall incur a penalty of two hundred dollars.

Protection of the Revenue.

118. If any vessel is found hovering in British waters, within one league of the coasts or shores of this Colony, any officer of Customs may go on board and enter into such vessel, and stay on board such vessel while she remains within the limits of this Colony or within one league thereof; and if any such vessel is bound elsewhere, and so continues hovering for the space of twenty-four hours after the master has been by such officer of Custom, required to depart, such officer may bring the vessel into port, and examine her cargo, and if any goods, the importation of which into this Colony is prohibited are on board, such vessel, with her apparel, rigging, tackle, furniture, stores and cargo, shall be seized and forfeited; and if the master or person in charge refuses to comply with the lawful directions of such officer, or does not truly answer such questions as are put to him, respecting such ship or vessel or her cargo, he shall incur a penalty of four hundred dollars.

121. If any vessel enters any place other than a port of entry, unless from stress of weather or other unavoidable cause, any dutiable goods on board thereof, except those of an innocent owner, shall be seized and forfeited, and the vessel, if of less value than eight hundred dollars, may be seized, and the master or person in charge thereof shall incur a penalty not exceeding four hundred dollars, and the vessel may be detained until such penalty is paid; and unless payment is made within thirty days, such vessel, may, after the expiration of such delay, be sold to pay such penalty, and any expenses incurred in making the seizure and in the safe keeping and sale of such vessel.

122. If any vessel worth more than eight hundred dollars, enters any place other than a port of entry, unless from stress of weather or other unavoidable cause, and dutiable goods on board thereof except those of an innocent owner, shall be seized and forfeited, and the vessel may be seized, and the master or person in charge thereof shall incur a penalty of eight hundred dollars; and the vessel may be detained until such penalty is paid; and unless payment is made within thirty days, such vessel may, after the expiration of such delay, be sold to pay such penalty, and any expenses incurred in making the seizure in the safe keeping and sale of such vessel.