2 The Frederick Gen'uuj, Jr. 



was on the line and that the school of mackerel was outside. Rely- 

 ing upon this assurance of the Canadian officer, Captain Doren pro- 

 ceeded to set his seine, which was of the type called a "purse seine," 

 and surrounded the school of mackerel at a distance of at least a 

 half mile seaward from the Vigilant and fully three and one-half 

 marine miles from the ledge of rocks known as Gull Ledge, which 

 rocks lie more than three miles from the mainland of Nova Scotia. 

 The Captain of the Vigilant testified positively that at the time the 

 fish were impounded they were "a good half mile" outside the three- 

 mile limit/ 



Having surrounded the school of mackerel with his purse seine, 

 the master of the Frederick Gerrifig, Jr., proceeded to secure the fish 

 enclosed by drawing up the purse string of the seine. The seine 

 was then lashed fast to the vessel and hoisted up so that the fish, 

 which had been taken, could be "bailed," or removed with dip nets 

 from the pursed-up seine to the deck of the vessel in the manner 

 usually practised by fishermen."' 



All these fishing operations took place in the presence of the 

 commander of the Vigilant, who remained in the neighborhood of 

 the I'rederick G erring, Jr., without interfering with her operations, 

 for about an hour after the crew of that vessel had commenced to 

 bail the fi.sh from the seine.* 



While the crew of the Frederick Gerring, Jr.. were still engaged 

 in removing the captured fish to the deck of their vessel, the Vigilant 

 sailed away to the westward.^ She passed and saluted the Do- 

 minion Cruiser Aberdeen, commanded by Charles Knowlton, a 

 vessel likewise engaged in the Fishery Protection Service of 

 Canada. At about 6 o'clock in the afternoon the Aberdeen ap- 

 proached the Gerring, and Captain Knowlton came on board 

 the vessel and seized her for fishing within Canadian jurisdictional 

 waters,* notwithstanding the protest of Captain Doren that he knew 

 he could not be within three miles from the nearest British land, 

 and notwithstanding his statement that the commander of the 

 Vigilant had assured the American fishermen that thev were outside 



♦Appendix, pp. 21, 71. 

 sAppcndix, pp. 46, 92, 112, 116, 117. 

 ^Appendix, pp. 22, 66, 67. 

 ^Appendix, p. 67. 

 ^Appendix, pp. 22, 26. 



