952 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



SIR JAMES WINTER : All of these are on the non-treaty coast. They 

 are in the vicinity of Bonavista and Trinity Bays. 



JUDGE GRAY : It will save your time. 



SIR JAMES WINTER: Yes, thank you. The whole of these regula- 

 tions on p. 764 have reference to non-treaty waters. The only excep- 

 tion is that covered by regulation No. 62, which will be found at the 

 top of p. 765 : 



" No bultows shall be used on the fishing grounds from Cape LaHune 

 to Cape Ray, both inclusive, in the district of Burgeo and LaPoile." 



That includes both treaty coast and non-treaty coast, and that is 

 the only part of the treaty coast, as I think, to which any prohibition 

 applies. So much with regard to bultows. 



The same general observations that I have made about bultows 

 apply to seining, with this exception, that there is more unanimity 

 of opinion on the matter of seines than there is as to bultows. The 

 fact that bultows are prohibited in a number of places on the coast 

 is because, on account of local circumstances, the reasons are different, 

 and it is generally left to those who have the best information on 

 these matters in each of the localities to decide and to help the leg- 

 islators. It is generally upon their opinions and views that these 

 regulations are made; in other words, they are made to suit the 

 circumstances, views and opinions of the people. It is a sort of 

 what is called local option, and from this it results that the prohibi- 

 tion of bultows is not general or universal. But it is different with 

 seining. There is a general consensus of opinion against the use of 

 seines, or rather not against the use, but as to the necessity for re- 

 stricting and limiting the use of seines, and that is done under the 

 general legislation which I have already referred to, going back to 

 1862 and applying to the whole colony, from the 20th October to a 

 certain day in April, the date having been changed from time to time. 

 The one other method or appliance which has been discussed is the 

 use of purse seines. Purse seines are different from other seines. I 

 need not delay the Court with a discussion with regard to purse 

 seines. Whatever objections apply to the common seine are con- 

 sidered to apply with very much greater force to the purse seine, for 

 the reason, probably, that they are more efficacious. They sweep the 

 ground very much more efficiently than the ordinary seine, and they 

 take in, in their sweeping, all kinds of fish besides the fish that is 

 being particularly sought for at the time, and a large number of 

 small and useless fish are taken and destroyed. For further infor- 

 mation upon that point, if any should be necessary, I would refer the 

 Tribunal to the British Counter Case Appendix,, p. 195, where will 

 be found an extract from the seventh annual report of the Deputy 

 Minister of Fisheries for Canada, headed " Purse Seines." It is a 

 long and exhaustive document ; it would take too long for me to read 



