1968 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



little lost soles hanging on to these short lines. That is the "bul- 

 ter " what they call in Newfoundland the " bultow " a long line, 

 which has short lines depending from it, with hooks and bait, and 

 which is weighted down so as to run nearly to the bottom, and which 

 is connected with a line at the surface which is buoyed up: and the 

 vessel puts out these long lines, of tremendous length, almost as long 

 as the drift nets that are used in the Holland and Scotch herring 

 fisheries; they put these out, baited, and after they have been left 

 there long enough for the fish to have taken their luncheon, the 

 fishermen go round and draw the lines in and take the fish off. 



The local fishermen in certain localities objecting to these bultows, 

 Sir James says they prohibited the bultows in those localities. Over 

 on p. 3431 of the record [p. 570 supra] Sir James says : 



" 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 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 legis- 

 lators. It is generally upon their opinions and views that these regu- 

 lations are made; in other words, they are made to suit the circum- 

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

 called local option, and from this it results that the prohibition of 

 bultows is not general or universal. But, it is different with seizing." 



There you have stated, upon unimpeachable authority, with great 

 frankness, and an accuracy which is supported by a reading of this 

 record, the way in which Newfoundland makes these regulations 

 which Great Britain wishes you to say constitute and will constitute 

 an adequate protection for the very rights that the local fishermen 

 in these localities are seeking to protect themselves against. 



Now, as to the specific statutes: In the first place, the legislation 

 began with the Act of 1862, which the Tribunal will remember pro- 

 hibited the taking of herring by seines between the 20th October and 

 the following April : 



" That no person shall haul, catch, or take Herrings in any Seine, 

 on or near any part of the Coast of this Island, or of its Dependen- 

 cies on the Coast of Labrador, or in any of the Bays, Harbors, or any 

 other places therein, at any time between the Twentieth daj r of Octo- 

 ber and the Twelfth day of April in any year." 



I think there is satisfactory evidence in the case that that statute 

 was passed with no idea of applying it to Americans. It is not very 

 important, but I think that will be quite clear as I go on in develop- 

 ing certain facts under other heads. And they put into the statute, 

 under Article 10: 



" Provided always, That nothing in this Act contained shall in any 

 way affect or interfere with the rights and privileges granted by 



