152 REPORT OF COMMISSIONER OF FISH AND FISHERIES. 



ments for the protection and regulation of the fisheries are based upon 

 a thorough knowledge of the habits, migrations, and general relations of 

 the fishes themselves, and even while removing or preventing a difficulty 

 in one direction, they bring about a still greater one in another. In 

 many cases action, when taken, is the result of the unfounded clamor 

 or jealousy of fishermen using one kind of apparatus against those em- 

 ploying another, or, in some instances, it results from the influence of 

 the wealthier classes, who wish to preserve the fishing as a sport and 

 relaxation, as against the interest of those who depend upon it for a 

 living. In considering the complaints, therefore, in regard to a particu- 

 lar mode of fishing, and the invocations for its restriction, due caution 

 should be exercised in determining how far the personal element comes 

 into play and how far the interests of the great mass of the community 

 and the world are at heart. 



Legislation on this subject is usually included under tbe following 

 heads : First, the places of fishing ; second, the season ; third, tbe time 

 of day; fourth, the size and length of the nets, and the size of the 

 mesh ; fifth, the distance apart of nets, weirs, pounds, &c. ; sixth, the 

 number of fish that may be taken ; seventh, the police and regulation 

 of the boats and men ; and, eighth, regulations in regard to the prepa- 

 ration of the fish, and for securing to the purchaser a proper knowledge 

 of their character and quality. 



It will, of course, be understood that legislation can be properly en- 

 forced against foreign nations at least only within the territorial limits 

 of the country ; and as the three-mile line is usually accepted as defin- 

 ing the boundary between the inshore and offshore fisheries, it is usu- 

 ally the space within that limit to which the local laws apply. In some 

 nations the particular areas of the fishing-grounds are assigned to the 

 inhabitants of certain districts, those adjacent to it not being permitted 

 to enter, and severe conflicts sometimes result from such an attempt. 



How far one of the United States can enforce any fishery regulations 

 at sea, outside of the three-mile line, or indeed even within it, is a ques- 

 tion not to be discussed here; that the United States can do so is per- 

 haps more certain, the vessel being considered a part of the country 

 and carrying into it the conditions of its shore. 



In accordance with a convention consummated in August, 1843^ 

 between France and England, the exclusive right of fishing by the 

 fishermen of either nation was given within 3 miles of its own coast, 

 the intermediate space being common ground. A provision was made 

 for the employment of cruisers by both nations, not only to protect the 

 rights of their own fishermen, but to see that they obeyed the laws 

 made for their regulation. Cases were specified in which the vessels 

 of one nation might enter the territorial limits of the other, but in no 

 part of the treaty was there any prohibition, when once within the 

 limits, to purchasing bait, or supplies, or of deriving any other commer- 

 cial advantage. 



