tions, any fishery officer may, upon sight, proceed to remove the same from the place of obstruction.

4. It shall not be lawful to use, in any manner whatsoever, for the purpose of taking Codfish or Halibut, set-lines or bultow lines, within Pleasant Bay.

SEC. 7.-Eels.

(1.) The mesh for an eel-weir, trap or other apparatus for eel-fishing, shall be not less than one and one eighth inches bar measure:

(2.) No leader or any part of an eel-weir, trap or other apparatus for eelfishing, shall exceed in height the height of the pot or terminal part of the said weir, trap or other apparatus for eel-fishing;

(3.) The taking of eels under thirty inches in length is prohibited, and such eels, if captured, shall be liberated alive.

SEC. 8.-Herring.

1. (a) Fishing by means of herring trap-nets without a license from the Minister of Marine and Fisheries is prohibited in the waters of the Gulf of St. Lawrence.

(b) Herring trap-nets shall not be set near the mouth of any river frequented by salmon, or in such a manner, or at such places as to obstruct or interfere with the passage of salmon.

686 (c) All herring traps-nets shall be placed at distances of not less than one-eighth of a mile apart, and no fishing apparatus of any kind shall be set or used in or about any part of the water between herring trap-nets: Provided always that any fishery officer may direct, either in writing, or orally on sight, that any greater space than one-eighth of a mile shall be left between herring trap-nets, and any herring trap-net or other fishing apparatus which the owner or person using the same neglects or refuses to remove in accordance with such directions, shall be illegal and liable to forefeiture, together with the fish caught therein, and the owner or person using the same shall also be liable to the fines and penalties provided by the Fisheries Act.

(d) The leader of each herring trap-net shall in every case extend from the shore, and any fishery officer may determine in writing, or orally, the length of leader that shall be used.

(e) The fee on herring trap-nets shall be fifty cents, on each fathom in length of leader, and such fee shall be payable in advance.

2. The use of seines for the capture of herring is prohibited on that portion of the north shore of the Gulf of St. Lawrence, in the County of Saguenay, extending from Kegashka to Cape Whittle.

SEC. 9.-Leases and Licenses.

Fishing by means of nets or other apparatus without leases or licenses from the Minister of Marine and Fisheries, under the provisions of "The Fisheries Act" and section 8 thereof, or from some duly authorized officer of the Government of the Province of Quebec, is prohibited in the Province of Quebec.

SEC. 10.-Lobsters.

(See General Regulations and Fisheries Act.)

SEC. 11.-Maskinonge.

1. No one shall fish for, catch, kill, buy, sell or possess any maskinongé from the 15th day of April to the 15th day of June, both days inclusive, in each year. 2. No maskinongé less than twenty-four inches in length shall be retained or kept out of the water, sold, offered or exposed for sale or had in possession, and any one who may accidentally take any maskinongé less than twenty-four inches in length shall immediately return such fish to the water alive and uninjured.

SEC. 12.-Quananiche.

1. No one shall fish for, catch, kill, buy, sell or possess any Ouananiche from the 1st day of October, to the 30th of November, both days inclusive, in each year.

2. The use of seines or other nets for the purpose of catching Quananiche is prohibited.

SEC. 13.-Oysters.

(See General Fishery Regulations.)

SEC. 14.-Pickerel (Doré).

1. No one shall fish for, catch, kill, buy, sell or possess any pickerel (doré) from the 15th day of April to the 15th day of May, both days inclusive, in each year.

2. No pickerel (doré) less than fifteen inches in length shall be retained or kept out of the water, sold, offered or exposed for sale, or had in possession, and any pickerel (doré) less than fifteen inches in length that may be accidentally taken, must immediately be returned to the water alive and uninjured.

SEC. 15.-Prohibition of Nets.

1. Fishing by means of nets of any kind is prohibited in the Iroquois river in the County of St. Johns in the Province of Quebec.

2. Fishing with nets of any kind in the lakes and tributary streams in the counties of Missisquoi (excepting in Missisquoi bay), Shefford, Brome, Drummond, Richmond, Wolfe, Sherbrooke, Stanstead, Compton, Megantic and Beauce, in the province of Quebec, is prohibited.

And no night lines used in the above prohibited districts shall have more than 100 hooks each.

3. Fishing with nets of any kind in the waters of Lakes Two Mountains, St. Francis and St. Louis between a line drawn from the western boundary of Glengarry county, in the province of Ontario, and Huntingdon county, in the province of Quebec, and a line drawn across Lake St. Louis coinciding with the Canadian Pacific Railway bridge, including the waters of Caughnawaga and Chateauguay rivers, and in all the outlets of the Ottawa river up to the Carillon dam, including the said Lake of Two Mountains and Rivers Jesus and des Prairies, is prohibited.

4. No fishing with seines, hoop nets (verveux), or nets of any kind is allowed during the months of July and August in each year in that part of the St. Lawrence river extending from a line drawn from the eastern boundaries of the counties of Champlain and Nicolet to the international boundary line between Canada and the United States, including the Ottawa, Richelieu, Yamaska, St. Francis, and all the other tributaries of the St. Lawrence within the above named limits.

687

SEC. 16.-Propagation of Fish.

1. The following waters in the Province of Quebec are set apart for the natural and artificial propagation of fish:

(a) The streams known as North River, in the Counties of Argenteuil, Two Mountains and Terrebonne, and Salmon River. in the County of Huntingdon, with limits extending one half mile on either side of the mouth of each.

(b) The Magog and Massawippi Rivers, in the Counties of Stanstead and Sherbrooke and the waters and tributary streams of Lake Massawippi up to and including a distance of one mile from the said Lake Massawippi, and the River Negro, up to Burrough's Falls, and the Tomofobia River, up to Boynton Dam, are set apart for the naturai and artificial propagation of fish, except that angling with a rod and line may be allowed from the 24th May to the 10th October, in each year, both days inclusive.

(c) The waters of Brome Lake, and its inlets for a distance of one mile from said lake, are set apart for the natural and artificial propagation of fish, from the 1st day of March to the 15th day of June in each year, and no other mode of fishing is allowed during the open season than angling by hand with hook and line, or trolling with a spoon.

(d) The waters of Rivière du Sud (South River) within the Parish of St. George de Henryville, in the County of Iberville, with limits extending one half mile on each side of the mouth of the said Rivière du Sud and to midchannel of the Richelieu River. opposite the above stated reserve, at the mouth of said stream, are set apart for the natural propagation of fish.

(e) The River Escoumains and its tributaries, in the County of Saguenay, are set apart for the artificial propagation of fish.

(f) The Rivers Patapedia and Tomkedgewick, with their tributaries, are set apart for the propagation of fish.

(g) Mowat's Lake, and the salmon fishing stations off Tadousac, known as the Point Rouge, Petites Iles and Bark Cove fisheries, in the County of Chicoutimi and Saguenay, in the Province of Quebec, used and fished in connection with the Government Fish Hatchery at Tadousac, shall be and the same are hereby set apart for the natural and artificial propagation of fish.

SEC. 17.-Quahaugs or Hard-shell Clams.

(See General Fishery Regulations.)

SEC. 18.-Salmon. (See also Fisheries act.)

1. Salmon shall not be fished for, caught or killed from the 31st day of July to the 1st day of May, in the province of Quebec: Provided always that it shall be lawful to fish for, catch and kill salmon with a rod and line, in the manner known as fly-surface fishing, from the 1st day of February to the 15th day of August, in each year, both days inclusive.

Provided that fishing for and killing salmon with a rod and line in the manner known as fly surface fishing, on the north shore of the Gulf of St. Lawrence, east of, but not including the Natashquan River; in the Rimouski River, Murray River, River du Gouffre, and in the Jacques Cartier River, Portneuf County, shall be permitted from the 1st day of February to the 31st day of August, both days inclusive, in each year.

2. From the time of low water nearest six o'clock in the afternoon of every Saturday to the time of law water nearest six o'clock in the forenoon of every Monday no one shall fish for, catch or kill salmon in tidal waters.

3. In non-tidal waters frequented by salmon no one shall fish for, catch or kill salmon, or any other fish, between nine o'clock in the evening of every Saturday and six o'clock on the following Monday morning.

SEC. 19.-Smelts.

1. No one shall fish for, catch, kill, buy, sell, or have in possession any Smelts from the 1st day of April to the 30th day of June, both days inclusive, in each year.

2. Smelts shall not be fished for, caught nor killed by means of any kind of bag-nets having meshes of a less size than one inch and a quarter, extension

measure.

3. The use of bag-nets for the purpose of catching Smelts is prohibited, except under special license from the Minister of Marine and Fisheries or from some duly authorized officer of the Government of the Province of Quebec, and then only from the 1st day of December to the 15th day of February in each year, both days inclusive.

4. The use of Seines for the purpose of catching Smelts is prohibited.

(a) Provided that seining for smelts may be carried on from the 1st day of October until the close of navigation in each year within the limits of the County of Gaspé and within such portion or portions of the County of Bonaventure as are without railway communication; provided always that such localities as may from time to time become connected with the railway system of Canada shall be amenable to the regulations now in force covering smelt fishing in the Dominion.

(b) Provided further that bag-net fishing for smelts shall be and the same is hereby prohibited within the above-mentioned limits, under the same conditions and subject to the same proviso as regards the extension of railway communication as above set forth; such prohibition to be removed from localities where the privilege of seining ceases by reason of incidental railway communication.

688 (c) Also provided that seining for smelts from the 1st October to the close of navigation in each year may be conducted on that part of the coast of the County of Saguenay which extends from Bersimis to Nata shquan, under special permit from the Minister of Marine and Fisheries.

SEC. 20.-Sturgeon.

1. The use of bare, unbaited hooks, grapnels or spears for the capture of sturgeon is prohibited.

2. No one shall fish for, catch, kill, buy, sell or have in possession any sturgeon from the 1st to the 30th day of June, both days inclusive, in each year.

3. No sturgeon less than thirty-six inches in length shall be retained or kept out of the water, sold, offered or exposed for sale or had in possession, and any one who may accidentally take any sturgeon less than thirty-six inches in length, shall immediately return such fish to the water alive and uninjured.

SEC. 21.-Trout.

1. Grey Trout or Lake Trout and Land-locked Salmon.

No one shall fish for, catch, kill, buy, sell or possess any Grey Trout, Lake Trout or Land-Locked Salmon from the 15th day of October to the 1st day of December, both days inclusive, in each year.

2. Speckled Trout.

(a) No one shall fish for, catch, kill, buy, sell or possess any Speckled Trout (Salvelinus fontinalis) from the 1st day of October to the 30th day of April, both days inclusive, in each year.

(b) Except in the tidal waters of the province of Quebec, on the north shore 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 any other means than angling with hook and line.

(c) Fishing for Speckled Trout, (Salvelinus fontinalis) through the ice is prohibited.

3. Export of certain kinds of Trout prohibited.

1. No one shall receive, ship, transport or have in possession for the purpose of shipping or transporting out of the Dominion of Canada any speckled trout, river trout or sea trout; provided—

(a) Any person may so ship such trout caught by him for sport, to the extent of 25 lbs. in weight, if the shipment is accompanied by a certificate to that effect from either the local fishery officer in whose district the fish were caught or from the local station agent adjacent to the locality in which they were caught or is accompanied by copy of the official license or permit issued to the person making the shipment.

(b) No single package of such trout shall exceed 25 lbs. in weight, nor shall any person be permitted to ship more than one package during the season.

(See Fisheries Act.)

SEC. 22.-Whale fishing.

SEC. 23.-Whitefish.

No one shall fish for, catch, kill, buy, sell or possess any white fish between the 10th day of November and the 1st day of December, both days inclusive, in each year.

[Special Fishery Regulations for Ontario, Manitoba, Saskatchewan, Alberta, and the North-West Territories, including the Yukon, were here inserted.]

No. 97.-1903, September 9: Canadian Order in Council amending Fishery Regulations."

AT THE GOVERNMENT HOUSE AT OTTAWA,

Wednesday, the 9th day of September, 1908.

Present: His Excellency the Governor General in Council. His Excellency the Governor General in Council, in virtue of the provisions of section 54 of The Fisheries Act, chapter 45 of the Re

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

vised Statutes of Canada, 1906, is pleased to make and doth hereby make the following Fishery Regulation:

The use or operation of vessels known as Steam Trawlers," operating "beam," "otter," or other trawls for the purpose of catching fish, is prohibited within the three mile limit and in the bays and harbours of Canada. RODOLPHE BOUDREAU, Clerk of the Privy Council.

No. 98.-1611, August 13: Orders issued by John Guy, Governor of Newfoundland.

Certain orders for the Fishermen to observe and keep in the Newfoundland, published the thirteenth day of August, 1611, by Mr. John Guy, then Governor of the Colony there.

Whereas by authority of our sovereign Lord James, by the grace of God of England, Scotland, France, Ireland and Newfoundland King, a plantation and government is begun to be settled within this country of Newfoundland, And whereas among those persons that use the trade of fishing in these parts, many disorders, abuses and bad customs are crept in which are continued and yearly practised more of a corrupt usage than of malicious designs, forasmuch as it concerneth not only the benefit and profit of the trade of fishing, but also the public behoof and good, if all such grievances should be stopped, to the end that all persons should reform themselves in their proceedings and not plead ignorance that any prohibition was made, The now Governor of the said country in our said Sovereign Lord the King's name doth straightly charge and command all persons of what nation soever, that shall frequent those parts to exercise the trade of fishing, as well strangers as subjects to our said sovereign Lord the King, that they offend not in any thing forbidden by virtue of this proclamation, under the penalties herein specified, and as they will answer to the contrary at their perils. Dated in Cupers Cove the 13th day of August Anno Regni Regis Jacobi Nono 1611.

First that no ballast, press stones or any thing else hurtful to the harbours be thrown out to the prejudice of the said harbours, but that it be carried ashore and laid where it may not do any annoyance under the pain of five pounds for every offence.

Item that no person destroy deface or any way work any spoil or detriment to any stage, cook room, flakes, spikes, nails or any thing else that belongeth to the said stages whatsoever but that only he or they content themselves with such stage or stages as shall be needful for them and to repair them with timber to be fetched out of the woods and not with the taking down of other stages under the pain of ten pounds for every offence.

That every Admiral of each harbour for the time being rescue only so much beech and flakes or both as is needful for the number of boats, that he shall use with an overplus, only for one boat more than he hath, and that every person coming after, content himself with what he shall have necessary use for, without keeping or detaining any more to the prejudice of others next coming, under the pain of ten pounds, besides satisfaction to be made to the party next coming, that is injured thereby.