THE SEA FISHERIES OF EASTERN NORTH AMERICA. 157 



the questionable propriety of interfering with this mode of fishing, there 

 would be the consideration of enforcing such rules, as it could only be 

 done by means of a fleet of Government vessels of both nations, sta- 

 tioned in different portions of the high seas, involving, of course, the 

 .danger of irritation at any attempt at enforcement, especially by the 

 vessel of the opposite nationality. 



Again, even if this could be effected and enforced by the United States 

 and Great Britaiuin respect to their own subjects, there is noprobability 

 that other nations would enter the convention or consider themselves 

 bound by its provisions ; and without the co-operation of armed vessels 

 of other nationalities, any attempt at regulating the fishermen of the 

 same would be resented by their respective Governments, and danger 

 of war ensue. If there were no interference with the subjects of other 

 Governments, the effect would be simply to give them the monopoly of 

 capture by the probibited apparatus, or during the prohibited season 

 to other parties, and thus a season's loss would be inflicted upon the 

 subjects of the consenting nations. It might also be a question how far 

 any Government could pretend to interfere with the fishing operations 

 of its own subjects on the high seas; provided, of course, these did not 

 involve any criminal action, or such as is, by common consent, allowed 

 to be a matter of jurisdiction. Of course, the vessels and their catch 

 might be controlled on their entering port; but there would seem to be 

 nothing to prevent the taking of the fish to a foreign nation. It is for 

 these and other reasons, that need not here be detailed, tbat most care- 

 ful consideration should be given to any proposition looking towards 

 the restriction or regulation in any way of the sea fisheries of the United 

 States, whatever may be the practice and policy of other nations. 



There is, however, a plea for the interference of the Government, in 

 certain cases, in regard to the fisheries that belong to the rivers, or are 

 near the shore, and thereby most specially related to the adjacent com- 

 monwealth. Nearly all civilized nations have looked with more or less 

 care after their interior or river fisheries; and quite a number of the 

 States of the American Union have their own special enactments on this 

 subject. This refers more generally to the times when fishing may be 

 authorized ; the character of the apparatus, whether lines or nets ; but 

 more particularly to the protection of the fish during the spawning sea- 

 son, especially of the trout and salmon. In States possessing shad and 

 alewife fisheries there is usually a definite date when the fish are sup- 

 posed to have reached their spawning beds or the condition of spawn- 

 ing, and at that time all fishing is interrupted. This varies according 

 to latitude, being earlier in the South and later in the North. 



Again, the question of the pollution of rivers is one that comes up 

 for consideration, in many cases the introduction of sawdust or the 

 refuse from gas or manufacturing establishments being prohibited or 

 controlled. Other States, again, require from the proprietors of artifi- 

 cial dams the introduction of some device by which shad, salmon, and 



