938 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



though the fishermen are confined to nets they can still get enough 

 to enable them and the Americans who purchase from them to carry 

 on a business. 



SIR CHARLES FITZPATRICK: So your own fishermen in the Bay of 

 Islands are restricted to the use of nets? 



SIR JAMES WINTER : Yes ; our fishermen are restricted to the use of 

 nets ; but, however, that is one side of the case. On the other side it 

 is perfectly clear that nets are quite sufficient for the purposes of 

 bait, and always have been. This Act of 1884 was passed in order 

 to enable a particular class of fishermen at that season of the year 

 to haul a quantity, not exceeding sixty barrels, by means of a seine. 

 The same provision would have been extended, of course, undoubt- 

 edly, to the Americans if they had asked for it. 



SIR CHARLES FITZPATRICK : When that Act of 1884 was passed, the 

 Washington Treaty was in force, was it notV 



SIR JAMES WINTER : Yes ; the Washington Treaty was in force. 



The same Act of 1884, sections 7 and 9, regulates the use of cod- 

 traps and cod-nets. 



THE PRESIDENT : What is the distinction between a cod-trap and a 

 cod-net ? 



SIR JAMES WINTER: A cod-trap is a contrivance which consists of 

 four sides, which may be called nets. It is an enclosure. 



THE PRESIDENT : It is a combined system of nets a combination of 

 several ? 



SIR JAMES WINTER : Yes ; it has four sides. It is a sort of structure, 

 consisting of four sides, each of which is made up of nets, which go 

 into the water, and the fish swim into this trap, and are enclosed and 

 caught. 



SIR CHARLES FITZPATRICK: Like a large bag? 



SIR JAMES WINTER : It is a sort of bag or box. The difference be- 

 tween the operation of that and the cod-net is this : That the cod-net, 

 being only on one single line, as it were, the fish must be caught in 

 the mesh. 



SIR CHARLES FITZPATRICK : The fish must be caught in the gills ? 



SIR JAMES WINTER: Yes. The cod-trap is different. It encloses 

 them. 



JUDGE GRAY : The net is a gill-net ? 



SIR JAMES WINTER: Yes; and catches and holds the fish by the 

 gills. The cod-trap encloses a lot of loose fish, and keeps them swim- 

 ming about in what is called a trap. 



SIR CHARLES FITZPATRICK : What is the difference between that and 

 a seine? 



SIR JAMES WINTER: The cod-trap is very much smaller; a smaller 

 article. 



SIR CHARLES FITZPATRICK : It is only a question of size ? 



