1472 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



men in that locality would thus have been rendered ineffectual. The 

 value of these inshore fisheries is great; mackerel, herring, halibut, 

 caplin, and launce abound, and are caught inside of the principal 

 bays and harbors, where they resort to spawn. Between three hun- 

 dred and four hundred United States fishing-vessels yearly frequent 

 the waters of this group, and take large quantities of fish, both for 

 curing and bait. A single seine has been known to take at one haul 

 enough of herrings to fill 3,000 barrels. Seining mackerel is simi- 

 larly productive." 



The wonderful productiveness of those waters at the Magdalens, 

 and the marvellous catch that is made there, render the statement 

 that Sir James Winter made with regard to the barrenness of the 

 west coast in the matter of fish somewhat of a physical problem. 

 That there should be such vast numbers as the record shows at the 

 Magdalens and all up through the coast of Labrador, and yet that 

 there should be nothing for the Americans to catch on the west coast 

 seems at least strange ; but that I shall advert to later. 



I may, at a later date, speak of the "Mascot," in 1886 (United 

 States Case Appendix, pp. 808, 881, and 839). She went to Port 

 Amherst for bait and a pilot, and, as the captain stated, he was 

 warned that he could not fish there, and that he could not buy bait 

 there. 



THE PRESIDENT : Port Amherst is on the Magdalen Islands ? 



MR. ELDER: It is on the Magdalen Islands here (indicating on 

 map) : I beg pardon, Sir. I may have been causing some confusion 

 by using the fishermen's* pronunciation " The Madeleens." 



JUDGE GRAY: What year was that, Mr. Elder? 



MR. ELDER. It was in 1886, and the statement of the collector of 

 the port which was forwarded by the Minister of Marine and Fish- 

 eries of Canada 



JUDGE GRAY: If you will permit me to interrupt you there: Per- 

 haps I was not quite accurate in speaking, in view of the position of 

 the United States, of the assertion of the right on the one hand and 

 the denial of the right on the other, with reference to what the prac- 

 tice had been in regard to buying bait, or securing bait by American 

 fishermen prior to the statutes. Of course the statutes themselves 

 would indicate that there had been a practice prior to the prohibition. 



MR. ELDER: Yes. 



JUDGE GRAY: There is nothing in the record, you say, to show 

 anything 



MR. ELDER : One would be very brave to say that there is anything 

 which is not at some place in this record; but as I carry it in my 

 mind, I recall very little concerning it. If we can find anything, I 

 shall be very glad to call attention to it; but I fancy that your 

 Honour has summed it up in substantially its present situation. 



The " Mascot," as I say, was warned off, and a warning notice was 

 served upon it which contained both a prohibition of fishing and of 



