1970 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



lations of 1908. My reference to it is in the United States Appendix, 

 p. 202. 



JUDGE GRAY: The last statute was in 1862, about? 



SENATOR ROOT: Yes; and that was continued along and included 

 in the consolidated statutes of 1872, and along in the second consolida- 

 tion of 1892, and this provision I am about to refer to comes down 

 from previous acts of legislation; but the most convenient form in 

 which to find it is in this provision in the 1908 regulations. 



The 1908 regulations were a reprint in this respect, and in most 

 respects, merely of regulations of previous years. It was rather an 

 edition than a new set of regulations. It is a new 1908 edition of 

 long-standing regulations. 



The provision is: 



" No herring seine or herring trap shall be used for the purpose of 

 taking herring on that part of the coast from Cape La Hune on the 

 West Coast, and running by the west and north through the Straits of 

 Belle Isle to Cape John." 



Now, here is Cape La Hune in here (indicating on map) just about 

 20 miles east of the Ramea Islands; and this stretch takes in the 

 whole of the American treaty coast, the south and the west, and runs 

 down to Cape St. John down here somewhere, which is the end of 

 the French treaty coast. So that it includes the whole American 

 treaty coast, and the whole French coast, and about 20 miles in addi- 

 tion. That is a clear shore protection statute. It would not be so 

 singular if it did not omit the great stretch of the free fishing coast 

 of Newfoundland, imposing no limitation to the taking of herring 

 by the seine anywhere in these great herring bays, Fortune and 

 Placentia, or upon any of the great fishing coast of the east side. 



THE PRESIDENT: What other means of taking herring would be 

 permitted on that part of the coast? 



SENATOR ROOT: Nets. 



THE PRESIDENT: Are nets used principally by the inhabitants? 



SENATOR ROOT: Principally by the inhabitants; yes; that is the 

 principal implement used by the inhabitants. 



THE PRESIDENT: By Newfoundlanders? 



SENATOR ROOT: Yes. 



1193 But this provision does not stand alone. Under the heading 

 "Herring Fishery," on p. 202, first paragraph, is: 



"Herring may be caught in nets or hauled in seines, and other 

 contrivances, under the conditions and in the manner prescribed by 

 these rules, and not otherwise. 



" No herring trap shall be used in the waters of the district of 

 Placentia and St. Mary's or Fortune Bay." 



And so on. But there still exists, and existed when these regulations 

 were made, the Act of 1884, which provided that Newfoundlanders, 



