PROTECTION OF DEEP SEA FISHERIES. 413 



any other means than cutting the warp of the drifter under 

 Article 20, or even that he did not cut the drifter's " nets." 

 If Article 20 had the words " fishing gear," inserted instead 

 of the word " nets," it would be much less open to contro- 

 versy. In moderate weather it is often possible (and has 

 been done many times), for a trawler, when foul of a drifter's 

 fleet of nets, to cut the drifter's warp, unbend at the nearest 

 net's head, pass the ends of the drifter's warp on either side 

 of his rigging, knot the warp (or even splice a piece in, 

 in some cases), and thus pass through the drifter's nets with 

 a minimum of damage. But this has not been done by 

 trawlers in many instances where it would have been 

 possible for them to do so, owing to the feeling that the 

 trawler had as much right there as the drifter, and that he 

 must take the consequences. 



Article 16 appears to be clear in section I and 2, but 

 section 3 is not quite so clear as it might be ; it runs as 

 follows. " As a rule if decked boats shoot their nets to 

 windward of undecked boats which have begun fishing, the 

 responsibility as regards any damages to nets which may 

 result, shall rest with the boats which last began fishing, 

 unless they can prove that they were under stress of 

 compulsory circumstances, or that the damage was not 

 caused by their fault." This is a very easy way of getting 

 over a difficult question. What is implied by the first 

 three words, " As a rule ? " To say the least of it, they 

 introduce a doubt into the question at once. Again, what 

 is the definition of compulsory circumstances ? Who is to 

 decide it ? Our justices, and county court judges are 

 ignorant of these matters, and nautical assessors are not, as a 

 rule, practical fishermen. There are eddies, and sets of tides 

 in various places, which will set fleets of nets together 

 under certain circumstances in spite of any efforts to 



