54 FISHERIES ARBITRATION AT THE HAGUE 



in the whole of the American treaty coast, the south and the west, 

 and runs down to Cape St. John down here somewhere, which is 

 the end of the French treaty coast. So that it includes the whole 

 American treaty coast, and the whole French coast, and about 20 

 miles in addition. That is" a clear shore protection statute. It 

 would not be so singular if it did not omit the great stretch of the 

 free fishing coast of Newfoundland, imposing no limitation to the 

 taking of herring by the seine anywhere in these great herring bays. 

 Fortune and Placentia, or upon any of the great fishing coast of the 

 east side. 



The President: What other means of taking herring would 

 be permitted on that part of the coast ? 



Senator Root: Nets. 



The President: Are nets used principally by the inhabitants? 



SENATOR Root: Principally by the inhabitants; yes; that is 

 the principal implement used by the inhabitants. 



The President: By Newfoundlanders? 



Senator Root: Yes. 



But this provision does not stand alone. Under the heading 

 "Herring Fishery," on p. 202, first paragraph, is: 



"Herring may be caught in nets or hauled in seines, and other contrivances, 

 under the conditions and in the manner prescribed by these rules, and not 

 otherwise. 



"No herring trap shall be used in the waters of the district of Placentia 

 and St. Mary's or Fortune Bay" 



and so on. But there still exists, and existed when these regulations 

 were made, the Act of 1884, which provided that Newfoundlanders, 

 for purposes of bank fishing, might take herring at any time 

 and in any maimer, "notwithstanding any law to the contrary" 

 (p. 709 of the British Case Appendix) : 



"Notwithstanding any law to the contrary, it shall be lawful for the owner 

 of any vessel owned and registered in this Colony, which shall be fully fitted 

 out, supplied and ready to prosecute the Bank fishery, and shall have obtained 

 a Customs Clearance for the said fishery to haul, catch, and take herring at 

 any time and by any means, except by inbarring or enclosing such herring in 



