lx 



Second Annual Report of the 



Marine Police. 



Fisherman's 

 readiness to 

 submit to 

 officers in 

 authority. 



Settlement of 

 disputes. 



Effect of 

 Article 17 on 

 Haaf Fishing 

 in Shetland. 



Damage by- 

 trawlers to 

 drift net or 

 long line 

 fishermen. 



Numbering, 

 Lettering, and 

 Registering 

 Regulations. 



Sea Fishery 

 Officers. 



This readiness on the part of the fishermen to submit to officers 

 in a position of authority, and whose character for justice and fair 

 dealing they have learnt to respect, is probably the reason why, 

 without any express statutory power, the commander of the Board's 

 cruiser ' Vigilant/ as well as the officers in charge of the ' Jaokal ' 

 and other vessels engaged in the work of superintendence, are 

 frequently able to intervene between fishermen on occasion of some 

 dispute with such good effect. These disputes arise out of colli- 

 sions b3tween boats, injuries to nets and lines, and numberless 

 questions of damage to the boats and property. When the parties 

 join in appealing to the superintending officers, the latter, after 

 clue inquiry and investigation into the facts of the case, often 

 succeed in settling the matter to the satisfaction of all concerned, 

 and thus put an end to complaints, which if left to take their 

 ordinary legal course, might give rise to expensive, troublesome 

 and vexatious questions. 



Therefore, it appears to us that the above valuable statute, which 

 came into force on the loth May last, and which has practically 

 superseded the older and more imperfect Acts, is an important 

 advance in the right direction. The new rules will enable fisher- 

 men to understand their rights and duties in the prosecution of 

 their industry on a common fishing ground, and the fact that its 

 provisions are liable to be enforced by fine and imprisonment will 

 no doubt contribute considerably to their due and proper observance. 

 Some of the rules may no doubt give rise to interesting and not easy 

 questions of construction. Already we have been appealed to for 

 advice, as to the effect on the Haaf Fishing in Shetland of Art. 17, 

 enacting that no net or other fishing engine shall be set or 

 anchored on grounds where drift net fishing is actually going on, 

 and doubtless similar questions are likely to arise. 



We notice with satisfaction that any question which may arise 

 respecting injuries done by trawlers to drift net or long line fisher- 

 men is dealt with in a manner which has always appeared to us to 

 be the sound and simple principle, viz., that on proof of damage in 

 fact, the trawler will not escape liability except on proof that he is 

 free from blame. 



The regulations affecting the numbering, lettering, and register- 

 ing of fishing boats now in force are contained in three Orders in 

 Council, bearing date 18th June 1869, 26th February 1880, and 3rd 

 May 1882, passed in virtue of the Act 31 and 32 Victoria, chapter 45, 

 sections 22 to 26, By the recent Act certain additional regulations 

 on this subject fall to be added to the existing code. They are con- 

 tained in articles 5 to 12 inclusive of the International Convention, 

 and an offender is made liable, on summary conviction, to certain 

 penalties prescribed by the Act. We think it is very desirable 

 that these different regulations, in so far as they are still in force, 

 should be all collected and clearly set forth in one document. 



The enforcement of the late statute is intrusted by section 11 

 to certain officials, who are termed Sea Fishery Officers. These 

 include, amongst others, every commissioned officer of any of Her 

 Majesty's ships in full pay, and every officer of or appointed by 

 the Board of Trade. A warrant has been received from the Board 

 of Trade appointing the commander and chief officer of the 



