1402 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



JUDGE GRAY: What sort of regulations generally did that statute 

 refer to? 



MR. EWART : It was as to nets and the preservation of harbours. 



JUDGE GRAY: That was the statute dealing with gurry grounds 

 and so on? 



MR. EWART: Yes, Sir, and nets too. There are three clauses in the 

 statute that I would like to call attention to in this connection. Shall 

 I continue? 



THE PRESIDENT: You might perhaps continue until half-past four 

 if it is convenient to you. 



MR. EWART: Yes, Sir. There are three paragraphs in the statute 

 to which I would like to call attention. The first is the one that I 

 spoke of so much this morning (section 2) providing: 



" That no Alien or Stranger whatsoever shall at any Time here- 

 after take Bait, or use any sort of Fishing." [British Case Appen- 

 dix, p. 567.] 



The Tribunal will observe that an exception is made in favour of 

 rights and privileges granted by treaty. Then, if you will be kind 

 enough to turn to sections 5 and 6, it will be found that regulations 

 are there made, but that there is no exception in favour of persons 

 who have treaty rights, I think the omission is extremely significant, 

 showing very clearly that in respect of these regulations it was not 

 thought to be necessary to reserve treaty rights. Section 5 : 



"And for preserving the Harbours of the said Colony of New- 

 foundland ... no ballast, Stones or any Thing else hurtful . . . 

 shall be thrown out of any Ship, Vessel or Boat, or otherwise," 



I need not read the clause. The United States say that that sort 

 of clause does not affect the position, that it does not relate to the 

 time and manner of fishing, but it does seem to affect fishing opera- 

 tions. If they cannot do what they wish to do in the harbours, it is 

 more or less of an embarrassment of their operations. Section 6 : 



"And be it further enacted, That no Person or Persons what- 

 soever " 



That "whatsoever" is particularly noticeable because of the sav- 

 ing words " treaty rights " in the previous section 



" shall cast anchor or do any other Matter or Thing to the Annoy- 

 ance or hindering of the drawing or hauling of Nets or Seines in the 

 customary Baiting Places in Newfoundland, or the Dependencies 

 thereof, or shoot his or their Net or Seines within or upon the Net or 

 Seines of any other Person or Persons whatever; and also that no 

 Person or Persons whatsoever shall steal, purloin or take any Fish 

 or Bait out of the Net or Seines of any other Person or Persons what- 

 soever, lying adrift or drover for Bait by Night." 



That, I understand, is drifting for bait at night. This clause 

 prohibits the shooting of " his or their net or seines within or upon 



