2. The place, form and capacity of the fish-way may be prescribed by any fishery officer by notice in writing.

3. Fish-ways shall be kept open and unobstructed and shall be supplied with a sufficient quantity of water to fulfil the purposes of this enactment, during such times as are required by any fishery officer.

4. The Minister may authorize the payment of one-half of the expense incurred by such owner or occupier in constructing and maintaining any fish-way.

5. The Minister, in order to procure the construction of any fishway, pending proceedings against any owner or occupier for the penalty imposed by this Act, may give directions to make and complete the same forthwith, and may authorize any person to enter upon the premises with the necessary workmen, means and materials, and may recover from the owner or occupier the whole expense so incurred by action before any competent tribunal.

6. No person shall injure or obstruct any fish-way, or do anything to deter or hinder fish from entering and ascending or descending the same, or injure or obstruct any authorized barrier. R. S., c. 95,

s. 13.

GENERAL PROHIBITIONS.

47. No one shall fish for, take, catch or kill fish in any water, or along any beach, or within any fishery limits, described in any lease or license, or place, use, draw or set therein any fishing gear or apparatus, except by permission of the occupant under such lease or license for the time being, or shall disturb or injure any fishery: Provided that the occupation of any fishing station or waters so leased or licensed for the express purpose of net fishing shall not interfere with the taking of bait used for cod-fishing, or prevent angling for other purposes than those of trade and commerce.

2. Seines, nets or other fishing apparatus shall not be set in such a manner or in such places as to obstruct the navigation with boats and vessels, and, no boats or vessels shall be permitted to destroy or wantonly injure in any way any seines, nets or other fishing apparatus lawfully set.

3. Every person using stakes or other timber placed for fishing purposes in any water shall remove the same within forty-eight hours after ceasing to use them, and in all cases at the expiry of the fishing

season.

4. The main channel or course of any stream shall not be obstructed by any nets or other fishing apparatus; and one-third of the course of any river or stream, and not less than two-thirds of the main channel at low tide, in every tidal stream, shall be always left open, and no kind of fishing apparatus or material shall be used or placed therein: Provided that the use of weirs for catching eels exclusively, and the use of mill-dams for catching eels, shall be prevented only in cases where, and at times when they injure other fisheries or, by completely barring any passage, they deprive other weirs of a share in the run of eels; and such place, time and circumstances may be determined by any fishery officer.

5. No net or other device shall be so used as entirely to obstruct the passage of fish to or from any of the waters of Canada, by any of the ordinary channels connecting such waters, or prevent their

passage to and from accustomed resorts for spawning and the increasing of their species.

6. No one shall catch, kill or molest fish when passing or attempting to pass through any fish-way, or fish-pass, or in surmounting any obstacle or leap, or shall use any invention to catch, kill or molest fish in the mill-dams, fish-ways, mill-heads or watercourses appurtenant thereto.

7. No one shall use a bag-net, trap-net or fish-pound, except under a special license, granted for capturing deep-sea fish other than salmon.

8. No one shall fish for, catch or kill salmon, trout or lunge of any kind, maskinongé, winaniche, bass, barfish, pickerel, whitefish, herring, or shad, by means of spear, grapnel hooks, negog, or nishagans: Provided that the Minister may appropriate and license or lease certain waters in which certain Indians shall be allowed to catch fish for their own use in the manner and at the time specified in the license or lease, and may permit spearing in certain localities. 9. No one shall fish for, catch, kill, buy, sell or possess the young of any of the fish mentioned in this Act, or in any regulation under it. 10. Seines for barfish shall have meshes of not less than three inches in extension measure.

11. Fishery officers may determine or prescribe the distance between each and every fishery (pêcherie) and shall forthwith remove any fishery which the owner neglects or refuses to remove; and such owner shall be moreover liable for a violation of this Act, and for the cost and damages of removing such fishery.

12. Every fascine fishery with a box-trap (coffre), instead of pound, shall have across the outside end of such box-trap a wire covering or a net work, the meshes of which shall be at least one inch square; but this shall not apply to eel weirs during autumn.

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13. Nets or other fishing apparatus shall not be so used as to impede or divert the course of fish in any small river.

14. From the time of low water nearest six of the clock in the afternoon of every Saturday, to the time of low water nearest six of the clock in the forenoon of every Monday, in tidal waters, and from six of the clock in the afternoon of every Saturday to six of the clock in the forenoon of the following Monday, in non-tidal waters, all sedentary fishing stations and weirs, and all pound and trap-nets, seines, gill-nets and other aparatus used for catching fish, whether under license or not, shall be so raised, closed or adapted as to admit of the free passage of fish through, by or out of such apparatus; and during such close time no one shall catch fish in such apparatus, whether under license or not.

15. No one shall hunt or kill fish or marine animals of any kind, other than porpoises, whales, and walruses, by means of rockets, explosive materials, or explosive projectiles or shells. R. S., c. 95, s. 14; 61 V., c. 39, s. 1; 3 E. VII., c. 23, s. 1.

48. No one shall use purse seines for the capture of fish in any of the waters of Canada; Provided that the Minister may issue special fishery licenses for the use of purse seines in certain waters in the province of British Columbia specified in the said licenses. 3 E. VII., c. 23, s. 2.

49. No one shall erect, use or maintain in any of the waters of Canada whether subject to any exclusive right of fishery or not, any

net, weir, fascine fishery or other device which unduly obstructs the passage of fish; and the Minister or any fishery officer may order the removal of or remove any net, weir, fascine fishery or other device which, in the opinion of such Minister or fishery officer, unduly obstructs the passage of fish. 57-58 V., c. 51, s. 5.

50. In the provinces of Manitoba, Saskatchewan and Alberta, and in the Northwest Territory and the Yukon Territory,(a) every ditch, channel or canal, constructed or adapted for conducting water from any lake, river or stream, for irrigating, manufacturing, domestic, or other purposes, shall be provided at its entrance or intake with a fish-guard or a metal or wire grating, covering or netting, so fixed as to prevent the passage of fish from any lake, river, or stream into such ditch, channel or canal;

(b) such fish-guard shall have meshes or holes not more than threeeighths of an inch in diameter, and shall be built and maintained by the owner of such ditch, channel or canal, subject to the approval of the Minister, or of such officer as he from time to time appoints to examine it;

(c) the owner of such ditch, channel or canal shall maintain such fish-guard in a good and sufficient state of repair and shall not permit its removal except for renewal or repair; and during the time such renewal or repair is being effected, the sluice or gate at the intake or entrance shall be closed and the passage of fish into the ditch, channel or canal prevented. 57-58 V., c. 51, s. 5.

51. No one shall catch fish for the purpose of using it as manure. 57-58 V., c. 51, s. 5.

52. Whenever the size of the meshes of nets or apparatus for the capture of fish is fixed by this Act, or by any fishery regulation under it, it shall be unlawful to so arrange or adapt the nets or fishing apparatus as to practically diminish the size of such meshes. 61 V., c. 39, s. 2.

INJURIES TO FISHING GROUNDS AND POLLUTION OF RIVERS.

53. No one shall throw overboard ballast, coal ashes, stones, or other prejudicial or deleterious substances in any river, harbour or roadstead or any water where fishing is carried on, or throw overboard or let fall upon any fishing bank or ground, or leave or deposit or cause to be thrown, left or deposited, upon the shore, beach or bank of any water, or upon the beach between high and low water mark, inside of any tidal estuary, or within two hundred yards of the mouth of any salmon river, remains or offal of fish, or of marine animals, or leave decayed or decaying fish in any net or other fishing apparatus: Provided that such remains or offal may be buried ashore, beyond high water mark, and that at establishments situated inside of the mouths of rivers for carrying on deep-sea fisheries, the same may be dropped into perforated boxes or inclosures built upon the beach, or under stage-heads, in such manner as to prevent the same from being floated or drifted into the streams, or may be disposed of in such other manner as any fishery officer prescribes. 2. No person shall cause or knowingly permit to pass into, or put or knowingly permit to be put, lime, chemical substances or drugs,

poisonous matter, dead or decaying fish, or remnants thereof, mill rubbish or sawdust or any other deleterious substance, in any water frequented by any of the kinds of fish mentioned in this Act. R. S., c. 95, s. 15; 58-59 V., c. 27, s. 1.

REGULATIONS.

54. The Governor in Council may, from time to time, make regulations,

(a) for the better management and regulation of the sea-coast and inland fisheries;

(b) to prevent or remedy the obstruction and pollution of streams; (c) to regulate and prevent fishing;

(d) to prohibit the destruction of fish; and,

(e) to forbid fishing except under authority of leases or licenses. 2. Such regulations shall take effect from the date of the publication thereof in the Canada Gazette, and shall have the same force and effect as if herein enacted, notwithstanding that such regulations extend, vary or alter any of the provisions of this Act respecting the places or modes of fishing or the times specified as prohibited or close seasons, and may fix such other modes, times and places as are deemed by the Governor in Council adapted to different localities, or otherwise expedient.

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3. Every offence against any regulation made under this Act may be stated as in violation of this Act. R. S., c. 95, s. 16.

POWERS OF FISHERY OFFICERS AND OTHER JUSTICES.

55. Any fishery officer or other justice of the peace may, on view, convict of any of the offences punishable under the provisions of this Act, and may remove instantly and detain any materials unlawfully in use. R. S., c. 95, s. 17.

56. Any fishery officer or other justice of the peace may search, or grant a warrant to search, any vessel or place where there is reason to believe that any fish taken in violation of this Act, or anything used in violation thereof, is concealed. R. S., c. 95, s. 17.

57. If any offence under this Act. is committed in, upon or near any waters forming the boundary between different counties or districts, or fishery districts, such offence may be prosecuted before any justice of the peace in either of such counties or districts, or before the fishery officer for either fishery district. R. S., c. 95, s. 17.

58. In the discharge of his duties any fishery officer, or other person or persons accompanying him or authorized to such effect, may enter upon and pass through or over private property without being liable to trespass. R. S., c. 95, s. 17.

59. Disputes between persons relative to fishing limits or claims. to fishery stations, or relative to the position and use of nets and other fishing apparatus, shall be settled by the local fishery officer. R. S., c. 95, s. 17.

60. Gurry grounds may be designated or defined by any fishery officer. R. S., c. 95, s. 17.

61. Any fishery officer, stipendiary magistrate, or commissioned officer of His Majesty's navy, on board of any vessel belonging to or chartered by the Government of Canada, employed in the service

of protecting fisheries, and every commissioned officer of His Majesty's navy serving on board of any vessel cruising and being in the waters, harbours or ports of Canada, shall, for the purpose of affording protection to His Majesty's subjects engaged in the fisheries, and of enforcing any laws relating to such fisheries, exercise the powers of a justice of the peace, without property qualification, and without taking any oath of office, in all the waters, harbours or ports, and on all the coasts of Canada where, for the time being and for the purposes above described, they are so engaged. R. S., c. 95, s. 17.

62. Property seized by any fishery officer, stipendiary magistrate or naval officer, acting as aforesaid, may be removed for disposal to the nearest or most convenient port where any revenue officer or other public officer empowered to deal with the matter resides. R. S., c. 95, s. 17.

63. Whenever it is impracticable for any fishery officer, stipendiary magistrate or naval officer, acting in such capacity, to cause any prisoner to be conveyed to, and committed to the nearest common gaol, he may detain him on board of the vessel, or transfer him to another vessel for conveyance to and delivery at the most convenient place, and with all convenient despatch, where he can be duly committed into the custody of the sheriff or other officer of the county or district. in which the common gaol is situated to which he is ordered to be committed; and until such prisoner is so delivered into the immediate custody of any sheriff or gaoler the fishery officer, stipendiary magistrate or naval officer having him in charge, shall have, in all places through which it is necessary to convey such prisoner, the same authority and power in regard to such prisoner, and to command the aid of any of His Majesty's subjects in preventing his escape, or in retaking him in case of escape, as any county or district sheriff or peace officer has while lawfully conveying a prisoner from one part of his own district to another. R. S., c. 95, s. 17.

64. Every such offence shall be deemed to have been committed in the county or district to the common gaol of which the commitment has been actually made. R. S., c. 95, s. 17.

GENERAL.

65. The Minister may authorize to be set apart, or to be leased, any river or other water for the natural or artificial propagation of fish. 57-58 V., c. 51, s. 10.

66. Lessees or licensees of fisheries shall have no claim to renewal of leases or licenses if in arrears of rent or percentage during four months after the same is due, and any lessee or licensee convicted of a violation of this Act, or any regulation under it, shall be liable to forfeit his lease or license. R. S., c. 95, s. 21.

67. Special licenses and leases for any term of years may be granted to any person who wishes to plant or form oyster beds in any of the bays, inlets, harbours, creeks or rivers, or between any of the islands on the coast of Canada; and the holder of any such lease or license shall have the exclusive right to the oysters produced or found on the beds within the limits of such lease or license. R. S., c. 95, s. 21.

68. The Minister may authorize to be expended annually any sum appropriated by Parliament, for,

(a) the formation of oyster beds in various waters and places found adapted for that purpose; and,