940 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



It will be found, with reference to this Act, that besides regula- 

 tions with regard to the catching of fish, there were regulations pro- 

 hibiting the throwing of ballast, sand, or rubbish into the waters 

 where herring were known to frequent. That will be found at p. 

 720 of the British Appendix, under the head of " Rules and Regu- 

 lations." For instance, Regulation No. 55, on p. 720, reads : 



" Xo person shall throw any ballast, sand or rubbish into the waters 

 where herring are known to frequent, but all spoiled herring, ballast, 

 sand or rubbish, shall be carried to such places as the Sanitary Com- 

 missioners may direct." 



SIR CHARLES FITZPATRICK: What is the point of your reference 

 there ? 



SIR JAMES WINTER : Simply that there was no objection to the regu- 

 lation by the United States fishermen. Because, although they might 

 not have carried on the fishery in the manner that the regulations 

 referred to. by cod-traps, &c., they were certainly amenable to these 

 regulations, which are regulations that would apply to both the 

 Canadian and the United States fishermen ; and they took no excep- 

 tion. That is the only point of that observation. 



JUDGE GRAY : Regulations of that kind do not touch the act of fish- 

 ing regulations about throwing overboard the offal, and so on. 



SIR JAMES WINTER: It does not affect the act of fishing, no; but it 

 affects very materially the fishery. 



JUDGE GRAY: Oh, I understand that. But I say there is this dis- 

 tinction, between police regulations of that kind and such regulations 

 as touch the very act of fishing. 



I did not mean to disturb you. I supposed my comment was really 

 in line with your argument. 



SIR JAMES WINTER : Xo; because it goes further. It is the throwing 

 of ballast, sand or rubbish into the waters, &c. It does not apply to 

 the manner of actually taking the fish. 



JUDGE GRAY: It is a police regulation. It applies to every- 

 body. 



563 SIR CHARLES FITZPATRICK : It does not apply to the time or 

 manner of fishing. 



SIR JAMES WINTER : But it goes to the manner of the preservation 

 of the fishing-grounds for the fishermen of both sides. 



SIR CHARLES FITZPATRICK : There is no objection to that. 



SIR JAMES WINTER : In 1892, all of the foregoing statutes were con- 

 solidated and amended and re-enacted, and no exception was taken: 

 no question arose. 



That. I think, is a statement in brief outline, of the general char- 

 acter of the legislation that has taken place on the matter of regulat- 

 ing the fisheries. 



