REPORT OF COMMISSIONER OF FISH AND FISHERIES. *27 



may know whether to appeal for protection and rehef to the States or 

 to the general Government. 



The snbject is still more complicated by the text of the " Washington 

 Treaty," in regard to fisheries, by which citizens of one of the contract- 

 ing powers are given the privilege of fishing on the iushores of the 

 other ; and it is not yet determined whether either party has power to 

 pass any laws restricting the fishery rights on the shores of the other. 

 A case has arisen where the citizens of Massachusetts were interfered 

 with while carrying on seine-fishing on the shores of Newfoundland, 

 and a question of damages is still under Jurisdiction. Of course, so far as 

 the setting of trails or pounds obstructs navigation it is clear that the 

 authorities of the United States have power to remove these or to re- 

 quire them to be removed under severe penalties ; but so far no special 

 question has been made as to fishing where the interests of navigation 

 are not concerned. 



At the Halifax convention great complaints were made by witnesses 

 called in behalf of the provinces, of the use, by the Americans, of trawl- 

 or long lines off their shores, "these, in their oiiinion, tending to destro}' 

 the mother fish, while engaged in the act of spawning, and thus affect 

 the supply. It was, however, stoutly maintained by others that these 

 had no material influence upon the result, and that they were necessary 

 to secure a proper harvest of the sea. 



Legislation in the United States is being continually invoked for the 

 removal of fish pounds and weirs, and iu certain areas at the head of 

 Buzzard's Bay and about Long Island x>rotection has been granted by 

 the State legislatures. 



During tlie summer of 1877 an earnest apjieal for the i)rotection of 

 the United States was received by the United States Commission from 

 Block Island, signed by all its fishermen, and I repToduce this a|)peal 

 iu the Appendix to show the feeling on this subject and the general 

 character of the objections to the trawling. Of course, having no juris- 

 diction in such matters, I can do no more than to publish it iu the pres- 

 ent case. I propose, in a general treatise on the plans and character of 

 the American sea fisheries, to discuss this whole matter at length. 



In regard to the protection of fish and the fishing iu interior waters not 

 navigable, it is of course very evident that the States must make the 

 necessary provisions, and if the labors looking towards the introduction 

 of the auadromous fish are to be prosecuted successfully, arrangements 

 must be made for the protection of the fish, securing to them during 

 certain periods free access to the headwaters of the streams and their 

 return therefrom, as well as the establishment of a close time each Vv oek 

 during the run, and the absolute cessation of fishing after a certain 

 period. These very reasonable requirements are urged to protect the 

 interest and rights of the many against the greed and senseless rapacity 

 of the lew. 



The methods necessary for securing the upward run of the fish are 



