612 CORRESPONDENCE, ETC. 



landing and curing fish may be enjoyed by previous agreement with 

 the scalers, or with proprietors of the ground. 



2. In all other parts foreigners are precluded from fishing within 

 three marine miles of Canadian shores. American vessels may, 

 however, enter into all bays and harbors for certain specified pur- 

 poses. 



These purposes are: — for shelter, repairing damages, purchasing 

 wood, and obtaining water. They are to be admitted for no other 

 purpose whatever. And during such admission they may be sub- 

 jected to any restrictions necessary to prevent them from taking, dry- 

 ing, or curing fish therein, or in any other manner abusing the privi- 

 leges thus accorded to them. You will be careful to observe that 

 such qualified admission to the ports and harbors of Canada, be not 

 made a pretext or cloak for transferring cargoes, or transacting any 

 other business connected with their fishing operations. 



With regard to the Magdalen Islands, although the liberty 7 to land 

 and to dry, and cure fish there, is not expressly given by the terms of 

 the Convention to United States fishermen, it is not at present in- 

 tended to exclude them; nor is it desirable to impose a narrow con- 

 duction on the term " unsettled." Places containing a few isolated 

 houses might not, in some instances, be susceptible of being consid- 

 ered as " settled " within the meaning and purpose of the Convention. 

 Something would, however, depend upon the facts of the situation, 

 and the circumstances of the settlement. Private and proprietary 

 rights form an element in the consideration of this point. The 

 generally conciliatory spirit in which it is desirable that you should 

 carry out these instructions, and the desire of Her Majesty's Govern- 

 ment that rights of exclusion should not be strained, must influence 

 you in making as fair and liberal an application of the term as shall 

 consist with the just claims of all parties. 



Should interference with the pursuits of British fishermen, or the 

 property of Canadians, appear to be inseparable from the exercise of 

 such indulgence, you will withhold it, and insist upon entire exclu- 

 sion. 



Americans, when so admitted, should be made aware that, in 

 addition to being obliged in common with those subjects of Her 

 Majesty with whom they exercise concurrent privileges of fishing 

 in Colonial waters, to obey the laws of the country, and particularly 

 such acts and regulations as exist to ensure the peaceable and profit- 

 able enjoyment of the fisheries by all persons entitled thereto, they are 

 peculiarly bound to observe peace and order in the quasi settled 

 places to which, by the liberal disposition of Canadian authorities, 

 they may be admitted. 



Wheresoever foreigners may fish in Canadian waters, you will 

 compel them to observe the Fishery Laws. Particular attention 

 should be directed to the injury which results from cleaning fish 

 on board of their vessels while afloat, and throwing overboard the 

 offals, thus fouling the fishing, feeding, and breeding grounds. The 

 Fisheries Act (sect. 14) provides a heavy penalty for this offence. 



Take occasion to enquire into and report upon any modes of fishing, 

 or any practices adopted by foreign fishermen, which appear to be 

 injurious to the fisheries. 



Copies of the Fishery Laws of Canada accompany the present in- 

 structions. 



