28 REPORT OF COMMISSIONER OF FISH AND FISHERIES. 



June 5, 1869, prohibits tbe use of any implements which, by catching 

 or destroying tbe young fish, would prove detrimental to the fisheries. 



As to lobster-fishing, there is a law of June 29, 1848, still in force, 

 which, however, is destined, at no distant period, to undergo consider- 

 able alterations. 



As regards tbe administration of justice at tbe fisheries it may be well 

 to notice tbe following ; it is a general rule that any differences arising 

 among the fishermen are not referred to any other judicial authorities 

 than those to which they naturally belong, and are treated in no other 

 manner than other matters in law, except that, as far as local circum- 

 stances make it necessary, the local police is strengthened, and the local 

 judge is himself either present at tbe fishing-stations, or sends a substi- 

 tute. 



There are special regulations for maintaining order and for admiuis- 

 teriDg justice at two of the more important fisheries, viz, the spring- 

 herring fishery in the districts of Stavanger, Southern and Northern 

 Bergenhus and Eomsdal, and the spring-haddock fishery on the Loffo- 

 den Islands in the northern district. 



A special sea-police has been organized for each fishery, as author- 

 ized by the laws which regulate these interests, consisting of from 

 three to four officers and a number of subordinates, all under the com- 

 mand of a naval officer. This police, which, as far as the naval officers 

 are concerned, belongs to tbe department of the interior and is com- 

 manded by the officer who superintends the whole fishery, is under the 

 immediate control of the respective local civil authorities. The higher 

 local authorities are empowered to appoint for each of the two fisheries 

 above mentioned one or, if necessary, several special judges, who, in- 

 stead of the ordinary judges, administer justice during the fishiog sea- 

 son in all matters relating to fishing in the fishing-districts. 



This superintendence during the fishing-season consists in the exer- 

 cise of the usual police functions, and in seeing that the special fishing- 

 laws, the general commercial laws, and the liquor laws are properly 

 observed. In case of violations which can be punished by fines, the 

 superintendent imposes the fine. If this fine is paid, the matter is con- 

 sidered adjusted ; if not, it is referred to the judge. The superintending 

 authorities, i. c, the nearest officer present, with two men chosen by 

 him, must also arbitrate in cases of conflict between fishermen. (Law 

 of September, 1851, section 9, and law of May 23, 1857, section 33.) 



The special judge must decide in cases wbere the fine imposed by the 

 superintending authorities is not paid, as well as in other cases of viol- 

 ation of the law which are punishable by heavier penalties than fines. 

 If, however, the case after having been heard by the judge cannot be 

 determined in accordance with existing regulations without the ordinary 

 authorities, (the government of the district,) it is then referred to them 

 to be disposed of in the usual manner. The special judge also arbitrates 

 in private differences arising in fishing or in the fishing trade. lie has 



