ARGUMENT OF SIR JAMES WINTER. 939 



SIR JAMES WINTER : Yes well, the cod-trap is so constructed that 

 it is left to remain in the water indefinitely. The seine has to be 

 operated at once 



SIR CHARLES FITZPATRICK: Oh, I see. 



SIR JAMES WINTER by a large crew. The cod-trap is so con- 

 structed that it can be moored and left to do its work, and the fish 

 swim into it. The seine has to be operated by a crew of men, either 

 from the vessel or from the shore, at once. 



It has just been suggested to me that seines are sometimes used, but 

 very little used, particularly recently, for the purpose of catching 

 cod-fish. That practice has given way almost entirely to the use of 

 cod-traps ; so that the seines which we have been discussing here are 

 used principally, if not entirely, for herring. 



The same Act, section 9, regulates the use of bultows. Section 9 

 contains merely regulations relating to the use of bultows. 

 562 Some observations were made with regard to the use of bul- 

 tows, and I shall refer to them later on, generally, as to their 

 obnoxious character or otherwise. All that I wish to observe at the 

 present time is this: That there was no objection, that no objection 

 whatever has been made on the part of the United States, to this legis- 

 lation. They either do not use the bultows on the grounds at all, or 

 if they used them, as I understand they have, they have complied 

 with the law, and do not object to it. The only place where they 

 could have used them would have been on the south coast from 

 Rameau to Cape Ray or at Labrador. 



In 1889 an Act was passed, which will be found at p. 717 of the 

 British Appendix, and under that Act a Board of Commissioners 

 was appointed 



SIR CHARLES FITZPATRICK : That is in 1889 ? 



SIR JAMES WINTER: Yes. 



SIR CHARLES FITZPATRICK : I suppose your general observation on 

 all the legislation that you have referred to, up to 1885, prohibiting 

 the use of seines and the taking of fish on Sunday, &c., was applicable 

 to the same extent to both the American and the Canadian fishermen ? 



SIR JAMES WINTER: Certainly. 



SIR CHARLES FITZPATRICK : When both were in the enjoyment of the 

 same privileges on these coasts? 



SIR JAMES WINTER : Yes. 



SIR CHARLES FITZPATRICK: Under the reciprocity treaty of 1854, 

 or the Washington Treaty ? 



SIR JAMES WINTER : Exactly. 



SIR CHARLES FITZPATRICK : They were applicable to both alike all 

 of these statutes? 



SIR JAMES WINTER : Yes, sir ; there was no discrimination between 

 them. The laws were applicable to both, and there was no objection. 



