PERIOD PROM 1871 TO 1905. 921 



Special Instructions to Fishery Officers in command of Fisheries' Pro- 

 tection Vessels. 



DEPARTMENT OF FISHERIES, CANADA, 



OTTAWA, 16th April, 1887. 



SIR: In reference to the letter of this Department, dated 16th 

 March, 1886, I have to intimate to you that during the present 

 season, and until otherwise ordered, you will be guided in tne per- 

 formance of the duties entrusted to you by the instructions contained 

 in that letter. 



I have every reason for believing that these have been executed 

 with efficiency and firmness, as well as with discretion, and a due 

 regard to the rights secured by Treaty to foreign fishing vessels re- 

 sorting to Canadian waters. 



I desire, however, to impress upon you that, in carrying out those 

 instructions and protecting Canadian inshore fisheries, you should be 

 most careful not to strain the interpretation of the law in the direction 

 of interference with the rights and privileges remaining to United 

 States' fishermen in Canadian waters under the Convention of 1818. 

 To this end, the largest liberty compatible with the full protection of 

 Canadian interests is to be granted United States' fishing vessels in 

 obtaining in our waters, shelter, repairs, wood and water. Care 

 should be taken that while availing themselves of these privilegss, 

 such vessels do not engage in any illegal practices, and all proper super- 

 vision necessary to accomplish this object is to be exercised, but it is 

 not deemed necessary that in order to effect this an armed guard 

 should be placed on board, or that any reasonable communication 

 with the shore should be prohibited, after the vessel has duly entered, 

 unless sufficient reasons appear for the exercise of such precautions. 



In places where United States' fishing vessels are accustomed to 

 come into Canadian waters for shelter only, the Captain of the 

 Cruiser which may be there is authorized to take entry from and grant 

 clearance to the masters of such fishing vessels without requiring 

 them to go on shore for that purpose. Blank forms of entry and 

 clearance are furnished to the Captains of Cruisers; these, after being 

 filled in, are to be forwarded by the Captain of the Cruiser to the 

 Customs Officer of the ports within whose jurisdiction they have been 

 used. In cases of distress, disaster, need of provisions for the home- 

 ward voyage, of sickness or death on board a foreign fishing vessel, 

 all needful facilities are to be granted for relief, and both you and 

 your officers will be carrying out the wishes of the Department in 

 courteously and freely giving assistance in such instances. 



The above special instructions, while designed with regard to the 

 fullest recognition of all lawful rights and reasonable liberties to 

 which United States' fishermen are entitled in Canadian waters, are 

 not to be construed as authorizing a lax enforcement of the provisions 

 of the laws for the protection of the Canadian fisheries. Fishing, 

 preparing to fish, procuring bait, trading or transhipping of cargoes 

 by United States' fishing vessels within the three-mile limit, are 

 manifest violations of the Convention of 1818, and of the Imperial 

 and Canadian Statutes, and in these cases your instructions which 

 are explicit are to be faithfully followed. 

 I have, etc., 



(Sd.) GEO. E. FOSTER 



Minister of Marine and Fisheries. 



