New-York tribune., 1905-07-17
AMERICAN FISHING RIGHTS
Bearing on Present Situation TN
NewfoundLand of Past Experience.

dispatch an American warshp 10 Canadian and
Newfoundland waters to protect United States fish
ermen in the enjoyment OF the rights insured 10
them by the treaty OF 1913 On June %. In the OF
tawa Parliament. Mr.. Mclean. mebmer for Lunen-
burg. Nova Scotia (the Canadian rival OF Gouces-
teri called attention to the practice of American
fishermen trawling within two miles Of the coast
OF Cape Breton. procuring bait where not allowed
by treaty and throwing overheard quantities of
small FISH which tend to ruin the grounds. besides
being wanton waste. He also complained that the
American fishermen purchase bait at the Magdalen
Islands. and contended that, while the treaty OF
1918 gave them the right to take fish there 1t did
not permit them to ashore and purchase supplies
of bait from the residents. Accordingly he invited
the Minister OF Marine and Fisheries. Mr.. Prefon-
taine look into this question and allow the
Americans TO further privileges in respect to bait
than those which that treaty absolutely gives them
and the Minister In replying. promised his best
consideration for the matter and deplored that
Canada had not sufficient cruisers to patrol her At
lantic seaboard and prevent these American fisher
men from poachng in her waters.
From these two facts Goucesters call for
warship to protect American rights and Canadas
attempt to keep out American "poachers." It
must be apparent that the issues underlying New
foundlands policy of enforcing her bait against
the Yankee trawlers assuming n wider aspect
and tending TO bring about another irritating dip
lomatic dispute between the United States and
Canada. The Magdalen Islands the only part
Of Canadas territory where the American fisher
which are identical with those they enjoy por
tions Of the Newfoundland foreshore permit them
TO take fish Of every description equality
with British subjects. but do not allow them to
land and dry their catch the strand. which
further concession is allowed them the unset
tied part Of the southwest coast OF Newfoundland.
between Ramea Islands and Cape Ray. and also
on Labrador, but is denied them the west
coast of Newfoundland the Magdalen Islands.
Canadian usage however, has been allow
them TO purchase well as take. bait at the
Masdalens, and they have disputed her power to
prevent them from doing so, the ground that
they have equal fishing rights with the Canadians
and that as these either take buy bait;
which is indispensable for catching cod and hall
but. American fishermen would be put on an in
equality If they deprived Of the alter
native and that therefore the spirit Of the treaty
would be broken. II is asserted by American
fishing crews the Newfoundland coast that next
year p similar contention will be advanced by
them in respect to their batting the portion of
our coast where the treaty of 1878 applies, for
opportunity will he taken next winter to secure
cocnerted action among the shipowners TO coach
the shipmasters in the things expected OF them
under the policy. and to secure, II possible,
a promise from the administration that war
ship two will be sent north that in
justice is done TO American interests
FORTUNE BAY FISHERY OUrRAGEs
This may. however, be bluff, but the fact
remains that under what is known the Fortune
Bay Fishery OutTages' of a generation ago. the
United states succeeded in securing important ad
vantages for the fishermen therein concerned. and
a substantial monetary indemnity for those al
legged be injured by what occurred. when the
undisputed facts were that the Newfoundlsnders
merely took it upon themselves 10 stop the Amed
from proceeding with a series OF acts which
were in violation of the colonial fishery laws The
history of this incident will probably bear recount
ing just now. because of the bearing it has upon
the question whether American fishermen
have right TO buy fish under treaty concession
TO take FISH and whether colonial laws. which
forbid colonists 10 sell supply bait to foreigners.
he enforced prevent these colonists
| from supplying American fishermen with bait If
they prepared to pay for it.
On Sunday. January g. 1878. two American
| ses-the New En- gland, Captain Sol Jacobs. and
the Ontario. Captain Richard Dagle. both OF
| Gloucester. Mass.-were lying in Long Harbor.
Fortune Bay. and put out their seines 10 make
haul of herring, when the folk inteTfered
and forciby removed the seines from the water
after releasing the fish incosed therein. Senes,
| II may be explained. long nets of mesh too
small for the herring escape through. ard they
curved around large section OF harbor or
| inlet, inclosing barring" the fish and keeping
them there for indefinite period in captivity.
| they being taken out by means of dip nets and
| other cOntrivances when needed. The seinHg OF
herring in this way is not favored in the colony,
because when the fish inclOsed for long the
water fouls. and they perish. the bottom being
strewn with Of putrid fish and other herring
| being driven from the region thereby. Because
OF previous experience OF this the colonial legs-
lature had enacted in 1876 which for
bsde any person a. to take herring by means of IA
seine between October 20 and April -. this being
the spawning season: ~ bar herring by
of a seine any period OF the year and Co
TO haul herring a Sunday. 1t will be manifest.
| therefore, that by operating their seines sun
day, January s, the American fishermen were vio-
atng all three OF these regulations, devised the
interest of all concerned 20 insure the preserva-
tion OF the fisheries.
Fortune Bay is not on the section Of coast where
the Americans possess rights under the treaty OF
1873, but the Americans acquired right to fish
] there under Article XVIII of the Treaty OF Wash
ington Of 1911 This instrument secured through
the payment by the United States OF $500 co
Canada and Newfoundland. an equality OF inshore
fishing privileges for Americans with the residents
during the period the fishery articles of the said
treaty remained in force and they became efec-
tive July J. 1873, and cancelled by the
United States the date in 1885. there is
doubt that the United States the time the
rage in question occurred. had equal right to
fish there with the settlers The only point. then,
which arose whether they had any right TO
ignore the local laws and to fish times and un-
der conditions and with appliances permitted
to the inhabitants Of the island
EFFORT TO PREVENT USE OF sEINES
According the atndavits Of eight Gloucester
shippers in Long Harbor the time with their
vessels, enraged mob of two hundred Newfound-
land fisher folk armed with knives clubs and guns
bore down the seines this Sunday morning
and compelled the owners to remove them cutting
up themselves in their wrath The Ameri-
complained that the hostility to them was not
because OF breach OF the law, but because the
large seines they used enabled them secure a
cargo quickly and cheaply. whereas the Newfound-
landers used only gill nets and took their fish slow
ly and laboriously, and they sold these to the
Americans IT to their interest prevent these
from using the seines Moreover they claimed
] hat