336 APPENDIX TO BRITISH COUNTER CASE. 



and subsequent experience has only tended to confirm and strengthen 

 the views expressed therein, viz., that the depletion of the mackerel 

 fishery was largely due not only to the use of improper means of cap- 

 ture but to the use of those means at improper seasons. 



The United States Government recognizing the importance of this 

 fishery, has legislated very effectively to prohibit the use of the purse 

 seine in their southern waters during the season when the mackerel 

 are about to spawn, the law being that no mackerel caught in a purse 

 seine between the first day of January and the first day of June in 

 each year shall be permitted to be landed in the United States, thus 

 using the machinery of the Customs Department to enforce a law for 

 the protection of deep-sea fish on the high seas. 



The United States fishermen, recognizing the fact that this law is 

 a necessity, if there is to be any future for their mackerel fishery, 

 loyally adhere to its provisions. 



Owing, however, to the geographic position of our Canadian fish- 

 ing grounds, a season which will protect spawning fish on the New 

 England coasts will not protect them on those of Nova Scotia, and 

 the season within the St. Lawrence is later still. 



I would strongly urge upon your notice the advisability of endeav- 

 ouring to make an arrangement with the Government of the United 

 States for the preservation of the mackerel fishery. The best method 

 of protecting the fishery would be the absolute prohibition of the use 

 of the purse seine, and this prohibition could be made quite effectual 

 by the passage of a law in Canada similar to that in force in the United 

 States, but to extend over the whole year, and the extension of the 

 United States term of prohibition to the whole twelve months. If this 

 were done experimentally, say for a period of five years, the beneficial 

 effects of the legislation would, I am sure, justify its enactment. But 

 if it is thought that this measure is too drastic, then let the following 

 fishing areas and close times be agreed upon and laws similar to that 

 now in force in the United States be enacted for the protection of the 

 areas. 



First, the present close season or prohibition of the purse seine, to 

 extend to all the waters of the north-west Atlantic. Second, that no 

 purse seine shall be used north of the parallel of Cape Sable until 

 after the first day of July in each calendar year. Third, that no 

 purse seine shall be used within the waters of the Gulf of St. Law- 

 rence until after the first day of August in each calendar year the 

 boundaries of the Gulf of St. Lawrence for the purposes of this law 

 to be the line joining Bear Island and Eddy Point, Straits of Canso, 

 and the lines ]oining Money Point Lighthouse, Cape Breton, with the 

 lighthouse south end of St. Paul's Island, and thence to Cape Ray 

 lighthouse, Newfoundland. If similar laws are passed by the United 

 States and Canada for the protection of these areas, no costly or com- 

 plicated police system will be necessary: the machinery of the Cus- 

 toms Department in each country can easily and effectually enforce 

 the law. 



The above-named limits may be described as 



204 (1) The New England mackerel grounds; (2) The Nova 



Scotia mackerel grounds ; (3) The North Bay ground, the latter 

 name being that applied by the mackerel fishermen to the whole Gulf 

 of St. Lawrence. These separate limits are easily defined, and no 

 difficulty could arise in administering the law on the ground of diffi- 



