Its early history is described thus: Captain E. J. Deblois of Portsmouth, Rhode Island, says:

"The first purse seine that was made so far as I know, was made by John Tallman, the first, and Jonathan Brownell and Christopher Barker, in the year 1886. It was 264 meshes deep and 65 fathoms long. The purse weight was 56 pounds weight, and the blocks were the common single block, and they have to reeve the end of the purse line through the blocks before they put the purse weight overboard."

The Minister further observes that the first seine operated north of Cape Cod was used by Captain Nathaniel Adams of Gloucester, in the schooner" Splendid in the year 1850, but it was not until about 1860 that it became generally used in a form similar to the present purse seine, since which time it has undergone great improvements and its destructiveness has been much enhanced, particularly within the past two years, by the introduction of the steam seine boat. By the adoption of these steam propellors the boats are enabled to surround the schools of fish much more readily and with wonderfully rapidity, besides which advantage is taken of the steam power to purse the nets, which can be done in this manner in an incredibly short space of time.

The Minister further observes that it thus appears that this fishing engine may be said to have reached the height of its destructiveness, and in the face of the appended extracts from reports of fishery officers, total depletion of the sea coast fisheries seems to be what must inevitably follow the continuance of its use.

(See Appendix No. 9 to this Report.)

The Legislature of the State of Maine seemed to be fully alive to the baneful effects of this destructive method of fishing, for in the year 1883, that body passed an Act for the protection of migratory fish, prohibiting the use of the purse and drag seines for taking mackerel within any bay or inlet, not more than two miles wide, under a maximum penalty of $200, (Rev. Statutes of Maine, '83, sec. 17, c. 40, p. 373) and later on, in 1885 this Act was amended to include bays three miles wide, and the extreme penalty increased to $500, making the Statute read as follows:

"Sec. 17. The taking of mackerel, herring, shad, porgies or menhaden, and the fishing therefor by the use of purse and drag seines is prohibited in all small bays, inlets, harbours or rivers, where any entrance to the same, or any part thereof, from land to land, is not more than three nautical miles in width, under a penalty upon the master or person in charge of such seines, or upon the owners of any vessel or seines employed in such unlawful fishing of not less than $300 or more than $500, to be recovered by indictment, or action of debt, onefourth of the penalty to the complainant or prosecutor, and three-fourths to the county in which the proceedings are commenced, and there shall be a lien upon the vessels, steamers, boats and apparatus used in such unlawful pursuit until said penalty, with costs of prosecution is paid, but a net for meshing mackerel or porgies, if not more than 100 meshes in depth, and a net for meshing herring of not more than 170 meshes in depth, and a net for meshing shad of not more than 75 meshes in depth shall not be deemed a seine." (Acts and Resolves of the State of Maine, 1885, c. 261, p. 215.)

And the Federal Legislature of the United States recognized the necessity for some restrictive measure, if even of only a partial nature, as is shown by the following law providing against the landing or importation of mackerel so caught between the 1st of March and the 1st. day of June into the United States:

"An Act relating to the importing and landing of mackerel caught during the spawning season.

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"Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled. That for the period of five years, from and after the 1st. day of March, 1888, no mackerel other than what is known as Spanish mackerel, caught between the 1st. day of March and the 1st. day of June, inclusive of each year, shall be imported into the United States or landed upon its shores. Provided, however, that nothing in this Act shall be held to apply to mackerel caught with hook-and-line from boats, and landed in said boats or in traps and weirs connected with the shore,

"Sec. 2. That section 4321 of the Revised Statutes is amended for the period of five years aforesaid, so as to read before the last sentence as follows:This license does not grant the right to fish for mackerel, other than for what is known as Spanish mackerel, between the 1st. day of March and the first day of June, inclusive of this year.' Or in lieu of the foregoing there shall be inserted so much of said period of time as may remain unexpired under this Act."

"Sec. 3. That the penalty for violation or attempted violation of this Act shall be forfeiture of license on the part of the vessel engaged in said violation, if a vessel of this country, and the forfeiture to the United States, according to law, of the mackerel imported or landed, or sought to be imported or landed. "Sec. 4. That all laws in conflict with this law are hereby repealed." (Approved 28th. February 1887.)

"Prof. Brown Goode (See V, Vol. 1) says:- Opposition to the purse-seine from 1870 to 1892.'

Since the adoption of the purse seine no year has passed without a considerable amount of friction between the fishermen using this engine of wholesale destruction in the capture of mackerel, and those engaged in fishing with other forms of apparatus. Petitions to Congress and State Legislatures have been made from both sides, and in some instances laws have been passed by State Legislatures prohibiting the use of nenhaden seines, within certain specified tracts of waters, such as the Chesapeake Bay. These laws, while especially antagonistic to the nenhaden fishery, were aimed chiefly at the purse seine as a means of capture and doubtless would have been equally prohibitory of mackerel fishing with purse seines, had this been attempted within the limits. . . . In 1878, a delegation of fishermen from Portland, Me., and Gloucester, Mass., visited Washington for the purpose of securing the passage of a law prohibiting the use of purse seines in the mackerel fishery."

In 1877, the late Commissioner of Fisheries, Mr. Whitcher, in his annual report for that year, said: "The modes of fishing most objectionable amongst the fishermen and not provided against by our fishery laws, are purse seines and trawls. Their use has been petitioned against from several seacoast districts." (Supp. No. 5, 10th. Ann. Rpt. Min. M. and F. 1877, p. lii.)

On the 27th March, 1879, the late Dr. Fortin, M. P., at one time commander of the fisheries protection vessel "La Canadienne," in forwarding to the Department a resolution of the County Council of Gaspé, strongly urging the abolition of purse seining along the shores of the Gulf of St. Lawrence, said: "No doubt it has been proved beyond question that those engines are too destructive to be tolerated much longer on our shores."

In a haul of the purse seine it frequently happens that there are enclosed say 100 barrels of fish, only a small portion of which are marketable, the remainder being thrown overboard dead, and sinking to the bottom, foul the ground and drive off the other fish.

In evidence procured by the Department of Fisheries from 20 masters of United States and 10 masters of Canadian vessels, 14 of the former and 9 of the latter utterly condemned the purse seine as injurious to the fishery, and the interests of the fishermen alike, not only from the total loss of the unmerchantable fish (which form a large proportion of the take), but from the defilement of the waters and bottom, and the consequent diversion of the schools of fish from their accustomed haunts.

It must be remembered that while the mackerel cannot be caught by hook and line during the spawning season, since they will not bite at that time, the purse seines take them at all times. Captain John Nason, of the schooner "Pendragon," Gloucester, 40 years a mackerel fisher, says: "All mackerel killed before 1st. July in the Gulf are killed before spawning."

Captain John Staples, schooner "Vesta," Gloucester, 30 years a mackerel fisherman says: "In the North Bay, before the 1st July, about two-thirds of the catch are female spawn mackerel, which of course are destroyed before spawning. Upon the least I should say that more than 100 barrels are destroyed for every barrel caught before the 25th July, in the North Bay."

The preponderance of the evidence by many others proved that at least half of the catch was killed before spawning.

The effect upon the incoming schools of fishes can perhaps be appreciated. if it be remembered that the fishing fleet consists of, say 250 sail, each attended by two seine boats, in ali 750 craft, large and small, maneuvering within a distance of five miles from the shore, day and night, on an extent of 20 or 25 miles of coast, afterwards dispersing into squadrons of from 50 to 60 vessels.

Apart from the damage to the fishing grounds by purse seines breaking up the schools of fish, the proportion of useless fish thrown overboard dead, as previously explained, with attendant deleterious results, is almost incalculable.

The Minister desires to invite attention to the statistics of the mackerel importations in the State of Massachusetts for three decades: the first from 1850 to 1859, during which period the purse seine was not in use; the second from 1863 to 1872, ten years following the general introduction of the purse seine; the third from 1880 to 1889, after the purse seine had been continuously used for many years. (15th Annual Report of the Boston Fish Bureau, 1889).

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Barrels of mackerel inspected.

These figures reveal a most alarming decrease in the total catch of mackerel, and especially so in that of No. 1 grade, for during the first decade, without the assistance of this improved and destructive method of catching fish, the take was very large, being 1,864,915 barrels, or an average of 186,491, while of this quantity there was of No. 1 quality 682,637 barrels, an average of 68,263 barrels per annum.

The next decade covers a period almost immediately following the general introduction of purse seines and, as is to be expected, shows an increase catch, the total take being 2,454,265, an average of 245,429 barrels per annum, while of No. 1 quality the catch was 1,007,345, a yearly average of 100,734 barrels. This productive state however, could not long obtain, as the fish could not withstand the enormous drain upon its marketable and immature product by the destructive purse seine.

The last decade, which comes down to the year 1889, after about 20 or 30 years, use of purse seines, shows that notwithstanding the improvements of

late years to enhance their effectiveness, a deplorable decline in the catch has taken place, for we find a total catch of only 1,618,603 barrels, and an annuai average of 161,860 barrels, and of No. 1 grade a total of 198,222, a yearly average of but 19,822 barrels.

1850-59. 1863-72. 1880-89.

Years.

*

Summary.

*

Total catch.

1,864,915

2,454, 265
1,618, 603

*

Comparing the catch of the later decade with the aid of its perfected and

destructive fishing engines, with that of the first decade, with its primi199 tive modes of capture, an annual average decline in the total catch of mackerel of 23,631 barrels, and in catch of No. 1 grade of 48,441 barrels

appears.

While the Minister of Marine and Fisheries is not prepared to state that this decline is due solely to the use of improved fishing engines, or that some other natural or minor causes may not affect the movements of the vast mackerel schools in approaching the shores, yet he is of opinion that enough evidence has been adduced to attribute the steady decrease in the size and superior quality marketed, mainly to the destruction of small and immature fishes and the breaking up of the schools by purse seines.

The question now being dealt with is one of paramount importance to all interested in the deep sea fisheries of the Atlantic coasts of America, and it is submitted that some concerted action is necessary towards ameliorating the evil effects of this highly improvident method of fishing.

Yearly average.

The Committee concurring in the above report recommend that Your Excellency be moved to forward a copy hereof to the Right Honourable the Principal Secretary of State for the Colonies for submission to Her Majesty's Government with the request that it be brought to the notice of the Government of the United States of America, with the view to obtaining some International action or Legislation looking either to the prohibition or restriction of the use of purse seines as may be deemed advisable for the preservation of the mackerel fishery.

This Department has since been advised that the Secretary of State for the United States had expressed his willingness to give the subject his careful consideration, with a view to the adoption of concerted measures to diminish the mischief complained of. I am, therefore, losing no opportunity of collecting further data and evidence on this important question, that it may be available when the subject comes up for consideration.

The opposition to a restriction being placed on the use of these nets will, at the present time, probably be much less than it would have been up to a recent period, many of the fishermen having at last conceded the irreparable damage their use entailed, in the destruction of immense quantities of both immature and spawning fish.

All which is respectfully submitted for Your Excellency's approval.

*

68,263

100, 734 19,822

*

Extract from Appendix No. 9 to the foregoing Report, being an Appendix to Minute of Privy Council, 22nd May, 1890, on the use of Purse Seines for the Capture of Mackerel.

Commander Lavoie, of the Government Fisheries Protection steamer "Lady Head," in his report for 1878, Supplement No. 4 to the Eleventh Annual Report of the Minister of Marine and Fisheries, 1878, p. 64, said:

It can easily be imagined what terrible havoc these 350 purse seines must make when engaged during two or three consecutive months in sweeping the

same grounds. Nothing can escape them, and it is admitted by American fishermen themselves that a schooner making her catch with these fishing engines destroys an equal number of young herring and mackerel. These seines ought, in my opinion, to be forever banished from our waters, and their use especially prevented in the small bays where fish are wont to go for the purpose of depositing their eggs, and where they breed and grow. . . .

Dr. Wakeham, Commander of the Government Fisheries Protection steamer in the Lower River and Gulf, during the season of 1879, Supplement No. 2 to the Twelfth Annual Report of the Minister of Marine and Fisheries, 1879, p. 56, Appendix No. 3, said:

These seines, besides destroying wastefully an immense quantity of fish that is never saved, breaks up the schools and frightens the fish off the coast. Such, at all events, is the opinion of those best fitted to judge among our fishermen.

Fishery Inspector Duvar, for the Province of Prince Edward Island, for the year 1879, Supplement No. 2, to the Twelfth Annual Report of the Minister of Marine and Fisheries, 1879, p. 265, Appendix 15, said,—

As regards the much vexed question of seining, it is historical that craft fitted out for fishing on the coasts of Massachusetts and Maine, as recently as 1863, used seines only for the purpose of taking "porgies" for mackerel bait up to 1868, (or say 1870) when the practice was entered into on a large scale in American waters for the taking of mackerel. Up to that season. it is stated, vessels could each take 400 to 1,000 barrels per season with hook and line, but after seining had prevailed only up to 1873, 300 barrels per season would be all the hook-and-linesmen could take while the seiners even in the face of the diminishing supply, would capture full cargoes of large mackerel, besides each vessel netting a surplus of 1,000 barrels of small fish, which they made no use of. The supply of large fish becoming scanty the American fleet tried their fortune with seines in the Canadian waters of the Bay." Here it was their object to take only such first quality fish as would fetch a high price in the United States markets, the smaller fish not leaving any margin for profit. Now, the established fact that in ordinary fishing weather, each long seine may, and usually does, draw to the vessel's side 20 to 100 barrels of small herring and mackerel, over and above large ones, affords a basis on which to make calculation of the value of the fishery in which foreigners share, and of the destruction done to such fishery. Thus, 300 sail set their seines twice a day during, say, forty fishing days, or 16.000 times; and, with even the proverbial fisherman's luck, take at each cast of the seine from the waters to perish, make no use of and throw overboard, only 15 barrels of fish of smaller size than they require this is putting it at the lowest conceivable figurethe result shows at least 240,000 barrels of fish at, say, $2 per barrel, or $480,000 of injury done to the Gulf fishery in six weeks of actual time. I am aware there are persons capable of judging who may even consider the estimate far too low.

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Advices, supposed to be reliable, state that the average number of 250 schooners, or more, fitted out, most of them with seine boats and seines, from Gloucester and other American ports for the Canadian waters this spring. When they arrived they found the fish, although schooling freely, were of small size, which fact, it may be imagined, did not lessen the number of those under 11 inches in length that would be thrown overboard before a cargo of prime fish fit to bring a high price could be secured.

Supplement No. 2 to the Eighteenth Annual Report of the Minister of Marine and Fisheries, “Fisheries Statements," 1880, Appendix No. 3-Fishery Officer Wakeham's report for 1880:

There is no doubt that some years ago the mackerel was so much disturbed by the hosts of American schooners, with their destructive purse seines, that this fish was driven off the coast. During the past three years we have seen fewer American vessels, and now the mackerel are frequenting their old haunts in greater numbers. This season they were seen schooling in great quantities, all the way from Cape Chatte to Maguasha Head.