PERIOD FROM 1871 TO 1905. 759 



these instructions, and the wish of Her Majesty's Government that the 

 rights of exclusion should not be strained, must influence you in making 

 as fair and liberal an application of the term as shall consist with the 

 just claims of all parties. 



Should interference with the pursuits of British fishermen or the 

 property of Canadians appear to be inseparable from the exercise 

 of such indulgence, you will withhold it and insist upon entire 

 exclusion. 



United States fishermen should be made aware that, in addition 

 to being obliged, in common with those subjects of Her Majesty 

 with whom they exercise concurrent privileges of fishing in Colonial 

 waters, to obey the laws of the country, and particularly such Acts 

 and Regulations as exist to ensure the peaceable and profitable 

 enjoyment of the fisheries by all persons entitled thereto, they are 

 peculiarly bound to preserve peace and order in the quasi-settled 

 places to which, by the liberal disposition of Canadian authorities, 

 they may be admitted. 



Wheresoever foreigners may fish in Canadian waters, you will 

 compel them to observe the Fishery Laws. Particular attention 

 should be directed to the injury which results from cleaning fish 

 on board their vessels while afloat, and the throwing overboard of 

 offals, thus fouling the fishing, feeding and breeding grounds. "The 

 Fisheries Act" (Section 14) provides a heavy penalty for this offence. 



Take occasion to enquire into and report upon any modes of 

 fishing, or any practices adopted by foreign fishermen, which appear 

 to be injurious to the fisheries. 



GENERAL DIRECTIONS. 



You will accost every foreign fishing vessel within the limits 

 described, and if that vessel should be either fishing, preparing to 

 fish, or should obviously have been fishing within the prohibited 

 limits, you will by virtue of the authority conferred upon you by 

 your Commission, and under the provisions of the Acts above 

 recited, seize at once (resort to force in doing so being only justifiable 

 after every other effort has failed) any vessel detected in violating 

 the law and send her or take her into port for condemnation. 



Copies of the Acts of Parliament subjecting to seizure and for- 

 feiture any foreign ship, vessel or boat which should be either fishing, 

 preparing to fish or should obviously have been fishing within the 

 prohibited limits, and providing for carrying out the seizure and 

 forfeiture are furnished herewith for your information and 

 distribution. 



Should you have the occasion to compel any foreign fishing 

 vessels or fishermen to conform to the requirements of the "Fish- 

 eries Act and regulations," as regards the modes and incidents of 

 fishing, at those places to which they are admitted under the Con- 

 vention of 1818, particularly in relation to ballast, fish offals, setting 

 of nets, hauling of seines, and use of "trawls" or "bultows" more 

 especially at and around the Magdalen Island, your power and author- 

 ity under such cases will be similar to that of any other fishery officer 

 appointed to enforce the Fishery Laws in Canadian waters. (Vide 

 Fisheries Act.) 



If a foreign ship, vessel, or boat be found violating the Convention 

 or resisting consequent seizure, and momentarily effects her escape 



