FEL JURISDICTION OVER FISHERIES EDERAL JURISDICTION.-The Parliament of Canada has (a) exclusive legislative jurisdiction over all matters pertaining to "Sea Coast and Inland Fisheries. (b) exclusive competence to enact fishery regulations and restrictions. (c) the right to impose "a tax by way of license as a condition of the right to fish. " Provincial federation. The Legislatures of the Provinces have (1) all proprietary rights in respect of fisheries which they held before ConThis includes (by virtue of s. 92, item 13, B.N.A.Act) control of the manner by which a private fishery is transferred or disposed of, and the rights of succession in respect of it. (2) the exclusive power to make laws in relation to matters coming under the caption, "Direct taxation within the Province in order to the Raising of a Revenue for Provincial Purposes. This has been interpreted by the Judicial Committee of the Imperial Privy Council as empowering the Provinces to lay a tax on provincial fisheries in addition to any imposed by the Dominion Parliament. "Following the decision of the Imperial Privy Council, the licensing of the fisheries of the province of Ontario, together with those of the inland portions of the province of Quebec, was handed over to the local governments." By an alleged tacit agreement between the Dominion and the Maritime Provinces, made shortly after the Imperial Privy Council decision, the Dominion was to administer the Fisheries Service as formerly, pending a submission to the courts of the rights as regards Federal and Provincial authorities in tidal waters and within the three-mile limit. The matter has dragged on and no test case was submitted till last autumn (1910) when the dispute as affecting British Columbia was considered by the Supreme Court. The case is still pending. NOTE.-New Brunswick disputes this alleged tacit agreement and passed, in April, 1910, an Act in addition to "The Fisheries Act, 1903," whereby provincial permits are issued to non-resident anglers. a British North America Act, s. 91, item 12. b Decision of Judicial Committee of the Imperial Privy Council, Fisheries Referc Ibid. ence, 1898. d Ibid. e British North America Act, s. 91, item 2. f Decision of the Imperial Privy Council, Fisheries Reference, 1898. g Letter of Deputy Minister Desbarats to Hon. W. C. H. Grimmer, April 13, 1910. h Desbarats to Grimmer, April 30, 1910. B SUMMARY OF PRINCIPAL LAWS AND REGULATIONS ELOW is given a summary of the more important provisions of the Dominion and Provincial laws and regulations relating to fisheries. The Fisheries Act (R. S., Canada, Chap. 45), constitutes the basis for the administration of the extensive fisheries under the control of the Federal Government; but the regulations made from time to time by Order in Council have very materially changed the specific clauses of the Act as originally passed. Leases and The Fisheries Act The Minister of Marine and Fisheries may issue leases or Licenses licenses to fish for a period not exceeding nine years. If a lease or license for more than nine years is required, it may be issued only under authority of the Governor in Council. Whales Licenses are required of all whaling boats and of all those engaging in the manufacture of whale oil or other com mercial product obtained from whales. Renewable nine year licenses may be granted. No such license shall be granted till the Minister has (a) approved of factory site. (b) assurance of satisfactory conduct of the business. (c) plans of machinery, etc., on file. The license is forfeited for non-user in two years. Fees: $800 for first year. $1,000 for second year. $1,200 for third and each ensuing year. After the first two years the Governor in Council may exact two per cent. of gross earnings in lieu of fees. Regulations may be made for the enforcement of the law by the Governor in Council. No vessel shall kill a whale within half a nautical mile of another vessel. Harpoons only are allowed in killing whales. Exception as to Hudson Bay: The license fee payable for whaling boats hunting in Hudson bay or the waters north of the 55th parallel of n. latitude, if not so hunting in connection with a factory established in Canada, shall be $50 a year. Cod Mackerel, herring or caplin seines are not to be used for taking codfish. No codfish seine shall be of a less sized mesh than 4 in. in extension of the arms, and 3 in. in the bottom of the seine. Seal No one fishing with a boat shall wilfully disturb any sedentary seal fishery. Disputes between occupiers of seal fisheries regarding limits or manner of setting nets shall be summarily settled by a fishery officer or justice of the peace. Salmon Close season for net fishing: Quebec and Ontario-July 31 to May 1. New Brunswick and Nova Scotia-Aug. 15 to Mar. 1. In New Brunswick, Nova Scotia and Quebec, fly fishing is legal from In British Columbia, licenses costing $50 each are required of those operating salmon canneries or salmon curing establishments for commercial purposes. Net Minimum size of salmon net mesh shall be 5 in. extension Regulations measure. Nets are to be used only in tidal water. Swing nets are prohibited. Nets must be set 250 yards apart. Drifting for salmon is prohibited, except when under license in New Brunswick and British Columbia. Drift nets shall not obstruct more than one-third of the width of a river. No salmon shall be caught within 200 yards of salmon spawning streams. Taking or sale of salmon roe is prohibited except by permission, and for the special purpose provided for in this Act. Trout Trout close season: Ontario-Speckled trout, Sept. 15 to May 1. Salmon trout, Nov. 1 to 30. Lake trout, Oct. 15 to Dec. 1. Quebec-Salmon trout, lake trout or muskallunge, Oct. 15 to Dec. 1. Prince Edward Island-Any trout, Oct. 1 to Mar. 31. Exceptions: Except in the tidal waters of Quebec on the north shore of the river St. Lawrence from the mouth of the river Saguenay to Blanc Sablon, no one shall fish for or catch trout except by means of hook and line. But in Ontario such shall not apply to salmon trout. Indians in Manitoba, Alberta, Saskatchewan, North West territories and Yukon may take speckled trout at any time for their own use. Ontario, Nov. 1 to 30. But in the waters of lake Erie bordering on the counties of Haldimand, Monck, Kent and Essex, and around Pt. Pelee island; as well as in the waters of lake St. Clair, bordering on the counties of Essex and Kent, the above close season is abolished so far as fishing for whitefish is concerned. Quebec, Nov. 10 to Dec. 1. Manitoba, Saskatchewan, Alberta, North West Territories and Yukon, Oct. 20 to Nov. 1.a Fishing by Indians shall be unrestricted if for domestic purposes. Whitefish fry must not be destroyed. Minimum size of nets: Seines for whitefish must be at least 4 in. extension measure. Lobster For canning or curing lobsters, a license from the Minister Fisheries at the rate of $5 for the first 4,800 lbs. or fraction thereof, and $2 for each additional 4,800 lbs. or fraction thereof, is required. Imported cases of lobsters must be stamped with the government label. An annual return of fishermen, employees, gear, pack, etc.,is required of each lobster factory on May 31 of each year under a penalty not exceeding $400. Labels on empty cases must be obliterated within 7 days after the commencement of the close season. Managers of lobster factories shall, on request of the Minister, keep and deliver over all eggs necessary for hatching operations. Under certain conditions, pound licenses, costing $75 each, are required. Possession of Fish Selling or possessing fish caught during close season or in any manner prohibited by law, is illegal. Such fish may be confiscated by any customs officer, excise officer, police officer, constable or market clerk. Particulars of such seizures shall be sent to the fishery officer in charge of the district. a It should be noted that the close seasons now vary with the different sections of these provinces to which they apply. |