PART XII.-PUBLIC HARBOURS AND HARBOUR MASTERS.

Interpretation.

848. In this Part, unless the context otherwise requires,— (a) harbour master' means a harbour master appointed under this Part;

(b) 'port' means a port to which this Part applies. R. S., c. 86, s. 2.

Proclamation of Public Harbours.

849. The Governor in Council may by proclamation,

(a) declare to be a public harbour any area covered with water within the jurisdiction of the Parliament of Canada; and, (b) extend the area of any existing public harbour in Canada. 2. Upon such proclamation being issued, all statutes rules and regulations affecting such public harbour shall apply thereto as so extended. 57-58 V., c. 47, s. 1.

Application.

850. This Part applies to such ports only as are, from time to time, designated for that purpose by proclamation or are created public harbours by proclamation under this Part, but does not apply to the ports of Quebec, Montreal and Three Rivers, in the province of Quebec, or to the port of Toronto, in the province of Ontario, or to the ports of Halifax and Pictou, in Nova Scotia, or to the port of St. John, in New Brunswick. R. S., c. 86, s. 3; 57-58 V., c. 47, s. 2.

Appointment of Harbour Masters.

851. The Governor in Council may, from time to time, appoint a fit and proper person to be harbour master for any port to which this Part applies and may also appoint deputy harbour masters for any such port. 57-58 V., c. 50, s. 1.

No pilot to be Harbour Master.

852. No licensed pilot shall be appointed to act or shall act, as harbour master of any port, unless he first surrenders his license. R. S., c. 80, s. 43.

Rules and Regulations.

853. The Governor in Council may, from time to time, by regulation, define the rights, powers and duties of the harbour master in respect of the port for which he is appointed and determine his

remuneration. R. S., c. 86, s. 6.

679 854. The Governor in Council may make rules and regulations for the government of any public harbour or port in Canada, but, in the case of the ports of Quebec, Montreal, Three Rivers, Toronto, Halifax, Pictou, and the port of St. John, in the province of New Brunswick, such rules and regulations as are inconsistent with any rule or regulation of any of these ports shall not be made,

until application therefor from the local authorities in charge of the port has been received by the Governor in Council. 57-58 V., c. 47, s. 3.

855. The Governor in Council may by any such regulation impose,(a) a penalty, not exceeding in any case one hundred dollars, for any violation of the same, and,

(b) in the case of a continuing violation, a further penalty not exceeding, in any case, ten dollars for every twelve hours during which such violation continues. R. S., c. 86, s. 7; 57-58 V., c. 47, s. 4.

856. Every violation of any such regulation shall be deemed a violation of this Part, and every such penalty shall be held to be a penalty imposed by this Part, but no such regulation shall impose a minimum penalty. R. S., c. 86, s. 7; 57-58 V., c. 47.

Duties of the Harbour Master.

857. The harbour master of any port shall furnish copies of regulations to every licensed pilot of the port who shall give one of such copies to the master of every ship which he takes in charge. R. S., c. 86, s. 8.

858. The harbour master of any port shall prosecute every person violating any such regulation. R. S., c. 86, s. 9.

859. Every harbour master shall be under the control of the Minister, and, shall, as soon as possible after the thirty-first day of December in each year, furnish the Minister with a report in writing on oath of his doings in office, and of the fees of office received by him during such year. R. S., c. 86, s. 5.

860. Each harbour master appointed under this Part shall direct and superintend the placing, maintaining and taking up of buoys in the port for which he is appointed, and perform such other services and duties connected with such port or harbour as he is directed to perform by the Minister or by the proper officer, without any additional remuneration beyond the amount allowed him out of fees received by him under this Part. R. S., c. 86, s. 10.

Fees.

861. The harbour master shall be remunerated for his services solely by the fees hereinafter mentioned, or such portion thereof as he is, from time to time, authorized to retain by the regulations made by the Governor in Council under this Part. R. S., c. 86, s. 11.

862. For and in respect of all ships entering a port to which this Part applies, and at which a harbour master is appointed, and discharging or taking in cargo, ballast, stores, wood or water, there shall be paid as fees,—

(a) for every ship of fifty tons register or under, fifty cents; (b) for every ship over fifty tons and not over one hundred tons register, one dollar;

(c) for every ship over one hundred tons and not over two hundred tons register, one dollar and fifty cents;

(d) for every ship over two hundred tons and not over three hundred tons register, two dollars;

(e) for every ship over three hundred tons and not over four hundred tons register, two dollars and fifty cents;

(f) for every ship over four hundred tons and not over five hundred tons register, three dollars;

(g) for every ship over five hundred tons and not over seven hundred tons register, four dollars;

(h) for every ship over seven hundred tons register, five dollars. R. S., c. 86, s. 11.

863. Such fees shall also be payable for ships with cargo and steamers passing through or arriving at the harbours of Sorel, St. Johns, Three Rivers or Lachine, in the province of Quebec; and the Governor in Council may, from time to time, appoint a fit and proper person to be harbour master at each of the said harbours. R.`S., c. 86, s. 12.

864. Such fees shall not be payable for any ship more than twice in each calendar year, whatever is the number of ports at which she arrives or through which she passes, or the number of times of her arriving or passing; and shall be payable by the master of the ship to the harbour master immediately on her entering or arriving at the first and second ports where there is a harbour master; and the collector or principal officer of Customs thereat shall not grant any clearance, transire or let-pass to any ship on which they are payable, until the master thereof produces to him a certificate of the payment of such fees or certificates of the payment of fees under this Part, once or twice within the then current year, as the case requires. R. S., c. 86, s. 13.

865. The salary or remuneration of each harbour master shall, from time to time, be fixed by the Governor in Council, but shall not exceed the rate of six hundred dollars per annum, and shall be subject to the provisions hereinafter contained. R. S., c. 86, s. 14.

866. The harbour master of each port shall pay over, as soon as possible after the thirty-first day of December in each year, to the

Minister of Finance, to form part of the Consolidated Revenue 680 Fund, all moneys received by him for fees under this Part, during such year, after deducting therefrom the salary or remuneration fixed as aforesaid.

2. If the moneys received by him for fees in any year amount to a less sum than is so fixed, then such less sum shall be his salary or remuneration for that year. R. S., c. 86, s. 15.

867. The harbour master of each port shall keep a book in which he shall enter from day to day, the name of every ship, not exempt from the payment of fees under this Part entering such port, the name of her master, her registered tonnage, the date of her entering the port and the sum, if any, received by him for his fee on her entering, which shall be at all times, during office hours, open to inspection by any person, on demand, without fee or reward. R. S., c. 86, s. 16.

Recovery of Penalties.

868. Every penalty incurred for any violation of any regulations made by the Governor in Council under this Part, may be recovered with costs by summary conviction under Part XV. of the Criminal Code and shall belong,

(a) if the informer is not the harbour master, one-half to the informer, and the other half to His Majesty; and

(b) if the informer is the harbour master, the whole to His Majesty. R. S., c. 86, s. 17.

No. 96.-1907, September 12: Canadian Order in Council promulgating Fishery Regulations."

AT THE GOVERNMENT HOUSE AT OTTAWA,

Thursday, the 12th day of September, 1907.

Present: His Excellency the Governor General in Council.

The Governor General in Council, in virtue of the provisions of section 54 of the Fisheries Act, Chapter 45 of the Revised Statutes of Canada, 1906, is pleased to Order and doth hereby Order that the following Fishery Regulations be rescinded:

The General Fishery Regulations for the Province of Prince Edward Island, adopted by Order in Council on the 18th day of July,

1889.

The General and Special Fishery Regulations for the Province of Nova Scotia, adopted by Order in Council on the 18th day of July,

1889.

The General and Special Fishery Regulations for the Province of New Brunswick, adopted by Order in Council on the 18th day of July, 1889.

The General Fishery Regulations for the Province of Quebec, adopted by Order in Council on the 18th day of July, 1889.

The General Fishery Regulations for the Province of Ontario, adopted by Order in Council on the 18th day of July, 1889.

The Regulations respecting navigable waters, adopted by Order in Council on the 18th day of July, 1889.

The Regulations respecting the propagation of fish, adopted by Order in Council on the 2nd day of August, 1889.

The Regulations relating to fishing in Manitoba and the North West Territories, adopted by Order in Council on the 8th day of May, 1894; as well as any and all Orders in Council passed subsequently to the 18th day of July, 1889, establishing Fishery Regulations for the above mentioned Provinces and for the Provinces of Saskatchewan and Alberta, the North West Territories and the Yukon District.

His Excellency the Governor General is further pleased, under the provisions of Section 54 of the Fisheries Act, Chapter 45 of the Revised Statutes of Canada, 1906, to Order that the hereto appended Fishery Regulations shall be and the same are hereby substituted in lieu of those above rescinded.

681

RODOLPHE BOUDREAU, Clerk of the Privy Council.

DEPARTMENT OF MARINE AND FISHERIES.

GENERAL FISHERY REGULATIONS.

GOVERNMENT HOUSE, OTTAWA,

Thursday, the 12th day of September, 1907.

His Excellency, in virtue of the powers vested in him by "The Fisheries Act," chapter 45 of the Revised Statutes, and by and with

• Now questioned by the United States: see Appendix, pp. 4-5.

the advice of the King's Privy Council for Canada, is pleased to make the following Fishery Regulations, namely:

SEC. 1.-Angler's Permits in the Inland Waters of the Dominion of Canada.

1. No person, other than a British subject, shall angle for or take any sporting fish in Canada without having first obtained therefor an angler's permit, issued by the local fishery officer in each district, under the authority of the Minister of Marine and Fisheries, except in the Provinces of Ontario and Quebec, where such permits are issued under the authority of the Provincial Governments.

2. Each person, not a British subject, shall pay for such angler's permit a fee of $5.00.

3. One angler's permit only shall be issued to each applicant. Such permit shall not be transferable, and can be legally used only by the person whose name appears thereon. Each holder of an angler's permit shall be required to produce and exhibit his permit, when called upon to do so by any fishery officer. 4. No person shall use, under an angler's permit more than one fishing line, provided with not more than three hooks.

5. No trout shall be retained or kept out of the water under 6 inches in length, and no salmon or grilse of less weight than three pounds; but every person who takes or catches any of the fish mentioned, of a less size or weight than the mimium named, shall immediately return such undersized fish to the water from which they were taken, and shall, if possible, liberate such fish alive.

6. No person holding an angler's permit shall sell or offer for sale any fish caught with hook and line.

7. Any person or persons violating any of the above regulations shall be liable to the fines and penalties provided by the "Fisheries Act," chap. 45 of the Revised Statutes of Canada.

8. Nothing in these regulations shall affect the rights of any person or persons holding leases of fishing rights from either Federal or Provincial authorities.

9. Foreigners, when temporarily domiciled in Canada and remaining thirty consecutive days or more and employing Canadian boats and boatmen, shall be exempt from the regulation requiring permits.

SEC. 2.-Clams-Soft-Shell, Long-neck or Squirt-clams.

The export of soft-shell, long-neck or squirt clams (Mya Arenaria) in a raw state taken in the Provinces of Quebec, New Brunswick, Nova Scotia, or Prince Edward Island, from the 1st day of May to the 30th day of September, both days inclusive, in each year, is prohibited.

SEC. 3.--Dynamite for killing Fish.

1. It shall be unlawful for any person or persons to procure or have in possession on board of any boat or vessel or elsewhere within Canada, any dynamite or other explosive material with the intention of using or attempting to use or allowing or permitting the same to be used or attempted to be used for the purposes of catching or killing or attempting to catch or kill any kind of fish, shell-fish or marine animal.

2. It shall be unlawful for any person or persons to put or place or have upon or in any boat or vessel engaged or employed or intended to be engaged or employed in fishing, any dynamite or other explosive material.

3. In case any such dynamite or other explosive shall be found or proved to be or to have been in or upon any such boat or vessel, the master and the owner thereof shall each be liable for the penalty provided for breach of the last preceding Regulation, as well as any other person or persons who may have put or placed such dynamite or other explosive upon or in the said boat or vessel or had the same in possession therein.

SEC. 4.-Export of Trout Prohibited.

No one shall receive, ship, transport or have in possession for the purposes of shipping or transporting out of the Dominion of Canada any speckled trout,