with a whaling line attached thereto, fixed or fastened to the boat or vessel from which the whale is captured or killed.

12. Notwithstanding anything in this section, the license fee payable for any vessel or boat engaged in the whale fishery or hunting whales within the waters of Hudson Bay, or the territorial waters of Canada north of the fifty-fifth parallel of north latitude, if not so engaged or hunting in connection with a factory established in Canada, shall be fifty dollars for each year; and, inasmuch as Hudson Bay is wholly territorial water of Canada, the requirements of this section as to licensing, and as to the fee payable therefor, shall apply to every vessel or boat engaged in the whale fishery or hunting whales in any part of the waters of Hudson Bay, whether such vessel or boat belongs to Canada, or is registered and outfitted in, or commences her voyage from, any other British or foreign country. 4 E. VII., c. 13, s. 1; 6 E. VII., c. 13, s. 1.

COD-FISHING.

10. No one shall use mackerel, herring or caplin seines for taking codfish, and no codfish seine shall be of a less sized mesh than four inches in extension in the arms, and three inches in the bunt or bottom of the seine. R. S., c. 95, s. 5.

SEAL FISHERIES.

11. No one shall with boat or vessel, during the time of fishing for seals, knowingly or wilfully disturb, impede or injure any sedentary seal fishery, or prevent, hinder or frighten the shoals of seals coming into such fishery.

2. Disputes between occupiers of seal fisheries concerning limits and the mode of fishing or setting nets, shall be decided summarily by any fishery officer or justice of the peace, by whom arbitrators may be appointed to assess damages; and any damages assessed or which arise out of a repetition or continuance of the difficulty ordered to be remedied, may be levied under the warrant of any fishery officer or justice of the peace. R. S., c. 95, s. 7.

SALMON FISHERY.

12. Salmon shall not be fished for, caught or killed,—

(a) in the provinces of Ontario or Quebec, or in the river Restigouche, between the thirty-first day of July and the first day of May; or,

(b) in the provinces of New Brunswick or Nova Scotia, between the fifteenth day of August and the first day of March; or, (c) in the province of Prince Edward Island, between the first day of September and the thirty-first day of December. 2. Notwithstanding anything in this section contained, it shall be lawful to fish for, catch and kill salmon with a rod and line in the manner known as fly-surface-fishing between the first day of February and the fifteenth day of August, in the provinces of Quebec, New Brunswick and Nova Scotia. R. S., c. 95, s. 8; O.C., 52 V.,

P. xli.

13. Foul or unclean salmon shall not be, at any time, caught or killed. R. S., c. 95, s. 8.

14. Salmon fry, parr and smelt shall not at any time, be fished for, caught or killed, and no salmon or grilse of less weight than three pounds shall be caught or killed: Provided that no penalty shall attach if such fish are caught by accident in nets lawfully used for other fish, and if they are liberated alive, at the cost and risk of the owner of the fishery, on whom, in every case, the proof of such actual liberation shall devolve. R. S., c. 95, s. 8.

15. Meshes of nets used for capturing salmon shall be at least five inches in extent, and nothing shall be done to practically diminish their size. R. S., c. 95, s. 8.

16. The use of nets or other apparatus for the capture of salmon shall be confined to tidal water, and any fishery officer may determine the length and place of each net or other apparatus used in any of the waters of Canada.

2. No one shall fish for or catch salmon with swing nets in any waters of Canada. 52 V., c. 24, s. 1.

17. The Minister, or any fishery officer duly authorized, shall have power to define the tidal boundary of the estuary fishing for the purposes of this Act. R. S., c. 95, s. 8.

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18. All nets, or other lawful appliances for the capture of salmon, shall be placed at distances of not less than two hundred and fifty yards apart, without intermediate fishing materials of any kind being set or used in and about any other part of the stream. R. S., c. 95, s. 8.

19. No one shall drift for salmon, except when under license in the provinces of New Brunswick and British Columbia.

2. In the province of British Columbia drifting with salmon nets shall be confined to tidal waters.

3. Drift nets for salmon shall be so set or used as not to obstruct more than one-third of the width of any river. 57-58 V., c. 51, s. 2. 20. Any fishery officer may direct, either in writing or orally on sight, that a greater space than two thousand and fifty yards shall be left between salmon nets, or other fishing apparatus, and may prescribe their dimensions and extension; but gill or float nets shall not be used to lengthen, extend or enlarge any other kind of fishery. R. S., c. 95, s. 8.

21. No salmon shall be captured within two hundred yards of the mouth of any tributary, creek or stream which salmon frequent to spawn. R. S., c. 95, s. 8.

22. Except in the manner known as fly-surface-fishing with a rod and line, salmon shall not be fished for, caught or killed at any artificial pass or salmon leap, or in any pool where salmon spawn. R. S., c. 95, s. 8.

23. Except under the authority and for the special purpose provided for in this Act, no one shall take, buy, sell, destroy, use or possess any salmon roe, or injure any spawning bed. R. S., c. 95, s. 8.

TROUT AND WHITEFISH FISHERY.

24. In the province of Ontario, no person shall fish for, catch, kill, buy, sell, or have in his possession,

(a) any speckled trout, salmo fontinalis, between the fifteenth day of September and the first day of May; or,

(b) any salmon trout, between the first and tenth days of November, both days inclusive; or,

(c) any lake trout, between the fifteenth day of October and the first day of December; or,

(d) any brook or river trout between the fifteenth day of September and the first day of January. R. S., c. 95, s. 9.

25. In the province of Quebec, no person shall fish for, catch, kill, buy, sell, or have in his possession,

(a) Any salmon trout, lake trout or lunge, between the fifteenth day of October and the first day of December; or,

(b) any speckled trout, between the first day of October, and the thirty-first day of December; or,

(c) any brook or river trout, between the fifteenth day of September and the first day of January in each year. R. S., c. 95, s. 9.

26. In the province of Prince Edward Island, no person shall fish for, catch, kill, buy, sell or have in his possession any trout between the first day of October and the first day of December in each year, and trout shall not at any time, be fished for or taken by spears, sweep nets or seines in any river, stream or pond. R. S., c. 95, s. 9. 27. In all other parts of Canada no person shall, between the first day of October and the first day of January in any way whatever, fish for, catch, kill, buy, sell or have in his possession any kind of trout or lunge. R. S., c. 95, s. 9.

28. Except in the tidal waters of the province of Quebec on the north bank of the River St. Lawrence from the mouth of the River Saguenay to Blanc Sablon, no one shall at any time fish for, catch or kill trout by other means than angling with hook and line: Provided that as to the waters of the province of Ontario such prohibition shall not apply to the kind of trout known as salmon trout. O. C., 52 V., p. xliii.

29. In the provinces of Manitoba, Saskatchewan and Alberta and the Northwest or Yukon Territories, Indians may, at any time, catch or kill speckled trout for their own use only, but not for the purpose of sale or traffic. R. S., c. 95, s. 9.

30. Nothing herein contained shall prevent,

(a) the taking or the use of small sized trout for the purpose of baiting traps; or

(b) the taking and using the same by fishermen as bait for cod fishing in tidal waters; or

(c) subject fishermen to penalty if by accident in fishing for herrings or whitefish by means of nets, trout are inclosed or taken. R. S., c. 95, s. 9.

31. No one shall fish for, catch, kill, buy, sell or have in his possession, whitefish in,

(a) the province of Ontario, between the first and tenth days of November, both days inclusive, or, by means of any kind of seine, between the thirteenth day of May and the first day of August;

(b) the province of Quebec, between the tenth day of November and the first day of December in each year, or by means of any kind of seine, between the thirty-first day of July and the first day of December;

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(c) the provinces of Manitoba, Saskatchewan, and Alberta, and the Northwest Territories and the Yukon Territory, between the twentieth day of October and the first day of November in each year: Provided that Indians may there catch or kill the same for their own use only, but not for purposes of sale or traffic, and provided that whitefish shall not be taken or used, bought, sold, or possessed for making oil or feeding domestic animals;

(d) any other part of Canada, between the nineteenth day of November and the first day of December in each year. R. S.,

c. 95, s. 10.

32. The fry of whitefish shall not be, at any time, destroyed. R. S., c. 95, s. 10.

33. Gill nets for catching salmon trout or whitefish shall have meshes of at least five inches extension measure.

2. Gill nets shall not be set within two miles of any seining ground. R. S., c. 95, s. 10.

34. Seines for catching whitefish shall have meshes of not less than four inches extension measure. R. S., c. 95, s. 10.

LOBSTER FISHERIES.

35. No one shall, at any time, can or cure lobsters, except under license from the Minister. 58-59 V., c. 28, s. 1.

36. The fee for any such license shall be at the rate of two dollars per one hundred cases or packages or fraction of one hundred cases or packages, containing lobsters canned or cured under such license. 2. Each case or package shall contain forty-eight one-pound cans, or ninety-six one-half-pound cans. 58-59 V., c. 28, s. 1.

37. Every case or package containing lobsters canned or cured in Canada, before being removed from the factory or canning establishment where such lobsters have been canned or cured, shall be labelled or stamped with such label or stamp as is prescribed by the Minister: Provided that the Minister may grant a permit for the removal of legally packed cases from any factory to any store or building before being labelled or stamped for final shipment.

2. Every case or package, if not removed from such factory or canning establishment on or before the day on which the close season commences, shall be so labelled or stamped within seven days thereafter, and all unused labels or stamps shall immediately after such removal be returned to the Minister. 58-59 V., c. 28, s. 1.

38. Every case or package containing lobsters imported into Canada shall be immediately upon being imported be labelled or stamped with such label or stamp as is prescribed by the Minister. 58-59 V., c. 28, s. 1.

39. The owner or manager of every lobster factory or canning establishment in Canada shall send to the Minister not later than the first day of September in every year, a true return of,

(a) the number of fishermen employed, and of the lobster traps used in connection with his factory or canning establishment; (b) the number of persons employed in such factory or canning establishment distinguishing the sexes:

(c) the number of cases of lobsters packed during the season; and, (d) such other details and particulars as are from time to time required by the Minister. 58-59 V., c. 28, s. 1.

40. Any label or stamp prescribed by the Minister upon any empty case or package, shall be entirely obliterated and destroyed within seven days after the commencement of the close season.

2. Whenever any labelled or stamped case or package, containing canned or cured lobsters, is opened or emptied, the label or stamp thereon shall be entirely obliterated and destroyed by the person in whose hands the same is, unless such case or package is opened or emptied for the purpose of testing or repacking the canned or cured lobsters contained therein, the burden of proof of which shall be on the owner or packer of such package or case. 58-59 V., c. 28, s. 1.

41. The manager or proprietor of every lobster factory or canning establishment shall, on demand, produce his license to any fishery officer. 58-59 V., c. 28, s. 1.

42. The manager or owner of every lobster factory or canning establishment shall, on the request of any person authorized or employed by the Minister to hatch lobsters, as far as possible and with due care, take from and keep, in such manner as is from time to time prescribed by the Minister, all eggs attached to lobsters brought to such factory or canning establishment, and deliver such eggs to a person authorized by the Minister to receive them. 58-59 V., c. 28, s. 1.

OTHER FISHERIES.

43. Close seasons for bass, pike, pickerel (doré), maskinonge and other fish, may be fixed by the Governor in Council to suit different localities. R. S., c. 95, s. 11.

POSSESSION OF FISH.

44. No one shall, without lawful excuse, the proof whereof shall lie on him, buy, sell or possess any fish, or portion of any fish named in this Act, caught or killed at a time or in a manner prohibited by law. R. S., c. 95, s. 12.

45. Every customs officer, excise officer, police officer or constable, clerk of a market or other person in charge of any market-place in any village, town or city, shall seize, and, upon view, confiscate to his own proper use, any fish mentioned in this Act, caught or killed during prohibited seasons, or which appears to have been killed by unlawful means.

2. Every such seizure and appropriation, with the date, place, and circumstances thereof, shall together with the name, residence and

calling of the person in whose possession such fish was found, 640 be daily reported to the fishery officer who has jurisdiction over the district within which such seizure, confiscation and appropriation took place. R. S., c. 95, s. 12.

CONSTRUCTION OF FISH-WAYS.

46. Every dam, slide, or other obstruction across or in any stream where the Minister determines it to be necessary for the public interest that a fish-pass should exist, shall be provided by the owner or occupier with a durable and efficient fish-way, which shall be maintained in practical and effective condition, in such place and of such form and capacity as will admit of the passage of fish through the

same,