928 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



SIR JAMES WINTER : In other words, to put it in colloquial, simple 

 language: Inbarring is henceforth entirely prohibited absolutely 

 and entirely prohibited; and as to the period between the 20th of 

 October and the 18th of April, seines shall not be used in any way 

 whatsoever. 



In order, then, to understand and to see how far any of this legis- 

 lation of Newfoundland can be held or found to be vexatious or 

 discriminatory as against the United States fishermen, or whether 

 they have any right to complain of it or to take exception to it for 

 any purpose before this Tribunal, it has been necessary to make this 

 explanation, as to the mode in which the fishery has been carried on 

 by the fishermen of the countries respectively. 



Going back, then, and looking over the various statutes and 

 regulations 



SIR CHARLES FITZPATRICK : I want to see if I have your statements 

 correctly in mind. You say that in the first instance there is no 

 fishery of any practical value in the territorial waters except the 

 herring fishery? 



SIR JAMES WINTER: Yes, Sir I mean in which the Americans 

 are concerned. 



SIR CHARLES FITZPATRICK: Yes, exactly; and as far as we are 

 concerned. 



SIR JAMES WINTER : Exactly. There is another large fishery which 

 is valuable, not as a fishery, but for bait, and that is the fishing for 

 a fish called caplin, which is a very valuable fishery, but for bait only. 



SIR CHARLES FITZPATRICK : Not for commercial purposes ? 



SIR JAMES WINTER: Not at all for commercial purposes. 



SIR CHARLES FITZPATRICK : Then you go on to say that this herring 

 fishery can only be prosecuted profitably in the bays and harbours ? 



SIR JAMES WINTER : Yes ; and exists there. 



SIR CHARLES FITZPATRICK : And exists there exclusively ? 



SIR JAMES WINTER: And exists there exclusively. 



SIR CHARLES FITZPATRICK : And on your construction of the treaty, 

 that herring fishery, which can only be prosecuted in these harbours, 

 is in effect of no value to the Americans ? 



JUDGE GRAY : On the treaty coasts. 



SIR JAMES WINTER : Not to American fishermen. As fishermen, it 

 is of no value to them. It is of no value to them unless they can come 

 down and catch it in large quantities as an article of commerce. Of 

 course, if they have the right to catch it as fishermen in large quan- 

 tities, if they have that right under the treaty, they have the right 

 to use it for commercial purposes. We admit that, of course. 



SIR CHARLES FTTZPATRICK : Let me see how the difficulty originated, 

 then: You first submit that the herring was useful to the American 



