' Tir^^mit ^'v•-<M->Mi^ 



FISHERIES 



27 



fadtulve. Fishing for or dealing in freshwater fish during this 

 close season la subjected to a penalty not exceeding 408. for the 

 first or £5 for the second offence, recoverable on summary con- 

 viction before two justices. The Fisheries (Dynamite) Act is 

 •xtended to private waters. 



The Act 40 and 41 Vict. o. 62 is an Act to amend the law 

 relating to the fisheries of oysters, crabs, and lobsters, and other 

 sea fisheries. The sale of oysters is prohibited, in the case of 

 " deep sea oysters," between 16th June and 4th August ; in 

 other cases between 14th May_ and 14th August Oysters taken 

 in foreign waters, or preserved in tins, or intended for the purpose 

 of oyster cultivation are not within this section. The Boani 

 of Trade has power to temporarily prohibit or restrict dredging for 

 oysters on certain banks. Grabs measuring less than 4^ inches 

 across the back, or carrying spawn attached to the tail, &c., or 

 having recently cast the shell may not be sold, except for bait. 

 LobaUrs measuring less than 8 inches " from the tip of the back to 

 the end of the tail, when spread as far as possible flat," may not 

 be sold. Oysters are also specially dealt with by the " Sea Fisheries 

 Act, 1868," which isan Act to cany into elTect a convention between 

 England and France concerning the fisheries in the seas adjoining 

 the British Islands and France, and to amend the law.i relating to 

 British sea fisheries. 



International Law.— As between different nations, fishing in the 

 imon to all, wh'' - Ashing in the territorial waters of 



high seas is common „. ^ .„ ,„„ .^..nuimi waiors oi 



any particular state (i.«., withi- three miles of the coast) is limited 

 to the subjects of that state. Between France and England the 

 rights of fishing in the seas adjacent to both countries are regulated 

 by the convention and Act of Parliament cited above. Between 



England and the United States qnestlons of great importance hare 

 arisen as to their respective rights of fishing in North Amerii-an 

 waters. Mutual conDessions were made by treaties in 1818, 1804, and 

 1871. The last was the Treaty of Washington, by which " the in- 

 habitants of the United States are to have in addition to their rights 

 under the treaty of 1818, in common with British subjects, for ten 

 years from the date of the treaty and until the end of two years after 

 notice has been given by either party, the right to take fish of every 

 kind except shell-fish on the sea coasts and shores, and in the bays, 

 harbours, and creeks of the provinces of Quebec, Nova Scotia, and 

 New Brunswick, and the colony of Prince Edward's Island, and of 

 the several islands thereto adjacent, without being restricted to any 

 distance from the shore, with permission to land upon the said coasts 

 and shores and islands, and also upon the Magdalen Islands for the 

 puipose of drying their nets and curing their fish." Salmon and 

 shad fisheries and all other fisheries in the rivers and mouths of rivers 

 are reserved for British subjects. Exactly similar rights are granted 

 to British subjects on the eastern sea coasts and shores of the United 

 States north of the 39th parallel of north latitude. But inasmuch as 

 the English Government insisted that the privileges granteil to the 

 United States were of greater value than those conceded to England, 

 it was agreed that commissioners should be appointed to determine 

 the amount of any compensation which ought to be pn ! to the 

 English Government in consideration of such excess. The 

 commissioners have recently made an award finding the sum of 

 £1,000,000 to be due from the United States to England. Certain 

 places designated in the abrogated treaty of 1864 are to be excepted 

 from the operation of the treaty as "iploces rewivedfrom the com< 

 mon right of fishing." 



