368 MISCELLANEOUS 



me in my cabin and discuss matters freely. I also found out exactly 

 the standpoint which the Canadian fishermen took up. They one and 

 all agreed that they wished to see purse-seining stopped, as it was 

 likely to ruin the Bay of Islands herring fishery altogether. 



After one or two interviews with Mr. Alexander, we arrived at a 

 working arrangement which was not to be binding on the fishermen 

 by regulation or rule but solely by mutual agreement, for the sake of 

 peace and goodwill and the successful prosecution of the fishery. 



5. In the meantime, those American schooners which had not 

 brought full fishing-crews from Gloucester proceeded to ship local 

 fishermen outside the three-mile limit, in accordance with the terms 

 of the Modus Vivendi, which provided that such shipment should not 

 be made the basis of interference or be penalized; and fishermen 

 began to be very busy following the herring from Arm to Arm, though 

 the fish were not as yet very plentiful. 



6. On 2nd November a Public Notice, signed by the Minister of 

 Marine and Fisheries, was promulgated, which quoted Sections 1 and 

 9 of the Bait Act of 1889. This caused considerable perplexity 

 amongst the fishermen of both nations, as those sections of the Act 

 seemed to prohibit what the Modus Vivendi allowed. Nevertheless, 

 Newfoundland fishermen continued to ship on board American schoon- 

 ers, with the result that two men, who had shipped outside the three- 

 mile limit on board the schooner Ralph H. Hall, of Gloucester, were 

 arrested and tried before the local magistrate for violation of the 

 Bait Act of 1889. They were fined $500, and appealed against the 

 sentence. 



It would appear that it was in this manner that the Newfoundland 

 Government intended to test the validity of the Modus Vivendi itself, 

 as the presumption was that the case would go on to the Supreme 

 Court and thence to the Privy Council for decision. This was to be a 

 test case, and it was understood that arrest of all the men who had 

 done the same thing was not in contemplation. 



7. After this episode, which had caused a certain amount of conster- 

 nation and excitement, the fishing proceeded very briskly and satis- 

 factorily for the breadwinners until I left the bay on llth December, 

 with the exception of some loss of nets occasioned by the unexpect- 

 edly early freezing over of the Penguin and Goose Arms, and a case 

 of theft of nets by the men of the American schooner Colonia, which 

 was dealt with by the Stipendiary Magistrate. 



8. As regards the prosecution of the fishery itself, it is a remarkable 

 thing that herring do not seem to have been fished for, in the Bay of 

 Islands, until the fifties of last century. 



The Bay of Islands herring undoubtedly come through the Straits 

 of Belle Isle and arrive in the bay in October, staying there till the 

 following June or July, when they spawn and quit the bay; it is not 

 known for certain where they go to during the summer, presumably 

 to the northward. I think there is no doubt that they have no con- 

 nection whatever with the Bay St. George herring. 



On arrival in October they cruise about the bay for a bit and 

 finally settle in the arms. This year there have been herring in all 

 three arms, but Middle Arm seems to be preferred first, then North 

 Arm, lastly Humber Arm; though this last arm was formerly the 

 favourite. The bay itself has an area of 80 square miles, and the 

 three arms are 8, 12, and 13 miles deep respectively. 



