No. 38.-1887, July 12: Order in Council, confirming the Newfoundland Act of February 21, 1887, for the regulation of the Export and sale of Herring, Capelin, Squid, and other Bait Fishes. At the Court of Windsor, the 12th day of July, 1887. Present, the Queen's Most Excellent Majesty, Lord President, Earl of Kintore, Earl Brownlow, Sir W. Hart-Dyke, Sir John Cowell. 582 Whereas the Governor of Her Majesty's Colony of Newfoundland with the Council and Assembly of the said Colony did, in the month of February 1887, pass an Act which has been transmitted entitled as follows; viz., Anno Quinquagesimo Victoriae Reginae, cap. I., An Act to regulate the Exportation and Sale of Herring, Capelin, Squid, and other Bait Fishes: And whereas the said Act has been laid before Her Majesty in Council, together with a letter to the Lord President of the Council, from the Right Honourable Sir H. T. Holland, Bart., &c., one of Her Majesty's Principal Secretaries of State, recommending that the said Act should receive Her Majesty's special confirmation. Her Majesty was thereupon this day pleased, by and with the advice of Her Privy Council, to declare her special confirmation of the said Act, and the same is hereby specially confirmed, ratified, and finally enacted accordingly. Whereof the Governor, Lieutenant-Governor, or Commander-in-Chief for the time being of Her Majesty's colony of Newfoundland, and all other persons whom it may concern, are to take notice and govern themselves accordingly. C. L. PEEL. No. 39.-1889, July 26: Extract from British Statute, 52 and 53 Vict., Cap. 23. An Act to amend the Herring Fishery (Scotland) Acts; and for other purposes relating thereto. [26th July 1889.] Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 5. It shall not be lawful to set or shoot any herring net on any day between sunrise and one hour before sunset on any day between the first day of June and the first day of October, nor between sunrise on Saturday morning and one hour before sunset on Monday evening, on the west coasts of Scotland between the points of Ardnamurchan on the north and the Mull of Galloway on the south. Any person acting in contravention of this section shall be liable, on conviction under the Summary Jurisdiction (Scotland) Acts, to a fine not exceeding for the first offence five pounds, and for the second or any subsequent offence twenty pounds; and every net set, or attempted to be set, in contravention of this section shall be forfeited, and may be seized and destroyed or otherwise disposed of by any superintendent of the herring fishery or other officer employed in the execution of the Herring Fishery (Scotland) Acts. 6.-(1.) It shall not be lawful to use the method of fishing known as beam trawling or otter trawling within three miles of low-water mark of any part of the coast of Scotland, nor within the waters specified in the schedule hereto annexed, save only between such points on the coast or within such other defined areas as may from time to time be permitted by byelaws of the Fishery Board for Scotland, and subject to any conditions or regulations made by those byelaws. Provided that this section shall not apply to the Solway Firth nor to the Pentland Firth; and provided also, that nothing herein contained shall affect the powers of the Fishery Board under section four of the Sea Fisheries (Scotland) Amendment Act, 1885. (2.) The Fishery Board may from time to time make, alter, and revoke byelaws for the purposes of this section, but a byelaw shall not be of any validity until it is confirmed by the Secretary for Scotland. (3.) Any person who uses any method of fishing in contravention of this enactment or of any byelaw of the Fishery Board, shall be liable, on conviction under the Summary Jurisdiction (Scotland) Acts, to a fine not exceeding five pounds for the first offence, and not exceeding twenty pounds for the second or any subsequent offence; and every net set, or attempted to be set, in contravention of this section shall be forfeited, and may be seized and destroyed or otherwise disposed of by any superintendent of the herring fishery or other officers employed in the execution of the Herring Fishery (Scotland) Acts. 7.-(1.) The Fishery Board may, by byelaw or byelaws, direct that the methods of fishing known as beam trawling and otter trawling shall not be used within a line drawn from Duncansby Head, in Caithness, to Rattray Point, in Aberdeenshire, in any area or areas to be defined in such byelaw, and may from time to time make, alter, and revoke byelaws for the purposes of this section, but no such byelaw shall be of any validity until it has been confirmed by the Secretary for Scotland. (2.) Any person who uses any such method of fishing in contravention of any such byelaw shall be liable, on conviction under the Summary Jurisdiction (Scotland) Acts, to a fine not exceeding five pounds for the first offence, and not exceeding twenty pounds for the second or any subsequent offence; and every net set, or attempted to 92909°-S. Doc. 870, 61-3, vol 5-10 be set, in contravention of any such byelaw may be seized and destroyed or otherwise disposed of as in the sixth Section of this Act mentioned. 8. It shall not be lawful to land or to sell in Scotland any fish caught in contravention of this Act, or of any byelaw made thereunder, and all superintendents and other officers employed in the execution of the Herring Fishery (Scotland) Acts are hereby empowered and required to prevent the landing or sale of any fish so caught. 583 SCHEDULE. Wigtown Bay, within a line drawn from Great Ross Point, near Little Ross Lighthouse, on the east to Isle of Whithorn on the west. Luce Bay, within a line drawn from a point near Port William on the east to Killyness Point, near Drummore, on the west. Loch-in-dail, within a line drawn from Rudha na Cathair (Mull of Oe) on the south to the Rhynns, near Rhynns of Islay Lighthouse, on the north. Loch Snizort, within a line drawn from Vatternish Point on the west to Dunlea on the east. Broad Bay, within a line drawn from Tolsta Head on the north to Tiumpan Head on the south. Stornoway Bay, within a line drawn from Kebock Head on the south to Bavble Head on the north. Thurso Bay, within a line drawn from Brimsness on the west to Dunnet Head on the east. Sinclair Bay, within a line drawn from Noss Head on the south to Duncansby Head on the north. Scapa Bay, within a line drawn from St. Mary's Point on the east to Houton Heads on the west. St. Magnus Bay, within a line drawn from Esha Ness on the north to a point near Sandness on the south. The waters inside a line drawn from Corsewall Point, in the county of Wigtown, to the Mull of Cantyre, in the county of Argyll. The waters inside a line from Port Askadel, near Ardnamurchan Point, on the west to Ru-Cisteach, near Arasaig, on the east. The waters inside a line from Ru-geur, Slate Point, on the south to a point near Ru-an-dunan on the north. The waters inside a line from Ru-na-uag, Loch Torridon, on the south to a point at Long Island, Gareloch, on the north. The waters outside Loch Tarbert, Harris, from Toe Head on the south to Camus-Huisnish on the north. East and west Loch Roag, from Gallon Head on the west to Coul Point on the east. The waters inside a line from Greenstone Point on the west to a point near Meal-Sgreaton, Ru-Cooygach, on the east. The waters inside a line from Ru-Stoer on the west to a point at Scourie Bay on the east. Dornoch Firth, Fraserburgh Bay, Moray Firth (upper parts of), Aberdeen Bay, St. Andrew's Bay, Firth of Forth. No. 40.-1894, August 25: Extract from British Statute, 57 and 58 Vict., Cap. 60. AN ACT To consolidate Enactments relating to Merchant Shipping. [25th August, 1894.] Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: PART IV.-FISHING BOats. APPLICATION OF PART IV, &C. * 370. In this part of this Act, unless the context otherwise requiresThe expression "fishing boat " means a vessel of whatever size, and in whatever way propelled, which is for the time being employed in sea fishing or in the sea-fishing service, but save as otherwise expressly provided, that expression shall not include a vessel used for catching fish otherwise than for profit. * FISHING BOATS REGISTER. 373.-(1.) This section shall apply to the British Islands, and to all British fishing boats, including those used otherwise than for profit, and the expression "fishing boat" in this section shall be construed accordingly. 584 (2.) Subject to any exemptions made by the regulations under this section, every fishing boat shall be lettered and numbered and have official papers, and shall for that purpose be entered in the fishing boat register. (3.) If a fishing boat required to be so entered is not so entered, she shall not be entitled to any of the privileges or advantages of a British fishing boat, but all obligations, liabilities, and penalties with reference to that boat, and the punishment of offences committed on board her, or by any persons belonging to her, and the jurisdiction of officers and courts, shall be the same as if the boat were actually so entered. (4.) If a fishing boat required to be entered in the fishing boat register is not so entered, and is used as a fishing boat, the owner and skipper of such boat shall each be liable, for each offence, to a fine not exceeding twenty pounds, and the boat may be detained. (5.) Her Majesty, by Order in Council, may make regulations for carrying into effect and enforcing the entry of fishing boats in the fishing boat register, and any convention with a foreign country relative to the registry, lettering, and numbering of fishing boats, which is for the time being in force by virtue of any statute, and may by such regulations (a) adopt any existing system of registry or lettering and numbering of boats, and provide for bringing any such system into con formity with the requirements of this Act and of any such convention, and the regulations; and (b) define the boats or classes of boats to which the regulations or any of them are to apply, and provide for the exemption of any boats or classes of boats from the provisions of this section, and from the regulations or any of them; and (c) apply to the entry of fishing boats in the fishing boat registry, and all matters incidental thereto, such (if any) of the enactments contained in this or any other Act relating to the registry of British ships, and with such modifications and alterations as may be found desirable; and (d) impose fines not exceeding twenty pounds for the breach of any such regulations which cannot be punished by the application of any of those enactments. No. 41.-1900, May: British Notification of the Danish Law of April 7, 1900, respecting Illegal Trawling in Territorial Waters. SEA FISHERIES-TERRITORIAL WATERS OF DENMARK. Notice is hereby given to British fishermen that a new Law has come into force in Denmark by which the penalty for illegal trawling in the territorial waters of that country has been increased. Translation of the Law is printed overleaf. It should be borne in mind that as regards the Danish Coast bordering on the North Sea. south of Hanstholm Lighthouse, Arts. II and III of the North Sea Fisheries Convention, 1882, to which Denmark is a party, apply. These Articles are as follows: ART. II. The fishermen of each country shall enjoy the exclusive right of fishery within the distance of three miles from low-water mark along the whole extent of the coasts of their respective countries, as well as of the dependent islands and banks. As regards bays, the distance of three miles shall be measured from a straight line drawn across the bay, in the part nearest the entrance, at the first point where the width does not exceed ten miles. The present Article shall not in any way prejudice the freedom of navigation and anchorage in territorial waters accorded to fishing boats, provided they conform to the special police regulations enacted by the Powers to whom the shore belongs. ART. III. The miles mentioned in the preceding Article are geographical miles, whereof 60 make a degree of latitude. T. H. W. PELHAM, FISHERIES AND HARBOUR DEPARTMENT, BOARD OF TRADE, May 1900. |