ARGUMENT OF SIR JAMES WINTER. 915 



" The comment to be made on that, of course, is very apparent to 

 the Members of the Tribunal." 



Then he says at the top of p. 2850 [p. 467, supra] : 



" So that, it seems to me that this testimony of this Royal Commis- 

 sion in England, and of Professor Huxley and the gentlemen who 

 were engaged with him in the investigation of the subject is that in so 

 far as the decimation and destruction of the fish are concerned, these 

 regulations against the peculiar manners of fishing are absolutely 

 unnecessary and that after all if there were destruction to the breed- 

 ing of fish shown in special measures of fishing, it is not found in the 

 method of purse seine fishing, which is the only method by which 

 fishing can be carried on profitably by a vessel from the United 

 States, any more than it is found in the fixed nets of the local fisher- 

 men, which entangle the fish, with the result that the fish, "being in- 

 jured in their struggles to get loose, die and thereby decimate the 

 fishery as much as the small fish which might be caught and de- 

 stroyed in the purse seines. 



" Section 21 of these Regulations, to which I have been referring, 

 contains another provision to which I desire to call the attention of 

 the Tribunal, and which, I think, will be found to be discriminatory : 



" ' Unless otherwise provided, no person shall use a seine for the 

 purpose of catching herring in any of the waters of Newfoundland, 

 except exclusively for bait and for immediate use for that purpose 

 in the fisheries, between the 1st day of April and the 1st day of 

 August in any year.' 



" They shall not catch these fish with a seine during these particu- 

 lar periods; yet, with reference to certain districts of the non-treaty, 

 coasts, it was provided by section 24 of this same Act : 

 " ' provided that herring may be taken at any time and by any means 

 for bait purposes and for immediate use for these purposes in the 

 fisheries.' 



" Now by section 25 of the Regulations dealing with the American 

 treaty coast, the prohibition of section 21 was reinforced by this 

 provision : 



" ' No herring seine or herring trap shall be used for the purpose 

 of taking herring on that part of the coast from Cape LaHune, on 

 the West Coast, and running by the West and North through the 

 Straits of Belle Isle to Cape John. 



"An absolute prohibition upon the American treaty coasts against 

 taking fish at any season of the year by seines, but permission, by 

 sections 21 and 24, to take fish by these means, for bait and for imme- 

 diate use, by the local inhabitants during any period of the year. 

 The particular part of this coast to which I refer Cape LaHune 

 commences, I am told, about thirty miles to the eastward of the 

 Rameau Islands which are found here. It is an absolute prohibition 

 to take any herring with the seine extending all around here down 

 to Cape St. John which is here, these regulations having been made 

 during the time that both the American and French fishery rights 

 existed on this coast, being made to take in both the French coast and 

 the American coast, and thus affording an additional reason to believe 

 that they were made for the purpose of discriminating against the 

 rights of foreign fishermen visiting those coasts. Thus, herring are 

 to be taken at any time for bait purposes and for the purpose of the 



