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■o^ ^

5

INFORMATION

CONCEKNING THE

OF THE

PROVINCE OF QUEBEC.

The Queen vs. Robertson.

EXTBACTS FROM THE FEDERAL FISHERY LAWS AND
REGULATIONS MADE THEREUNDER.

The Quebec Fishery Laws and Regulations.

^Bprlm0itl of irnuin Jf nnb :

QUEBEC.
January, 1885.

Hi( '■»

%\

! <f

e

T.

■' EXTEA(

The

'^■:^^i^V!/ '^£^^'*^^C^i

INFORMATION

CONCERNING

CIp Snlanii fnlm

OF THE

PROVINCE OF QUEBEC.

T/ie Queen vs, Robertson.

EXTRACTS FROM THE FEDERAL FISHERY LAWS AND
REGULATIONS ]\IADE THEREUNDER.

The Quetec Fishery Laws and Regulations.

QUEBEC.
January, 1885.

L

As
bearing
of Queb
in such
to the p;

Wi

parties,

That

That
li

That <
n

Its

meiit of t
mon law
which efi
navigabh
such wat
But
gave the
and prot€

INLAND FISHERIES.

PROVINCE OF QUEBEC,

I

As a considerable amount of uncertainty respecting the law
bearing upon inland fisheries and fishing rights in the Province
of Quebec is known to exist even among those who are interested
in such matters, the following pages have been compiled with a view
to the promotion of a better knowledge of the subject.

With regard to certain erroneous ideas entertained by many
parties, viz. : —

That the Inland Fisheries were transferred from the Federal
Government to the Provincial Governments and private
owners of lands by a law passed for the purpose ;
That tlie control and regulation of all matters relating to In-
land Fisheries are now vested in the Provincial Governments ;
That owners of fishing rights pertaining: to private lands may
now take fish in their own waters in any way they please ;
It should be understood that it was no new law, but a judc..
ment of the Supreme Court of Canada, based upon tlie old or com-
mon law and a correct interpretation of the Confederation Act
which established the fact that the right of fishing in inland, non-'
navigable waters belongs to the owners of the lands bordering on
such waters.

But the same judgment sets forth tliat the Confederation Act
gave the Dominion Parliament power to pass laws for the regulation
and protection of inland as well as other fisheries, and prescribing

INLAND FISHEIilES.

tho in.'iniuT in wliich, und tinus wlioii tlie priviitc right of fiHliiug
ill iiiliuid watisrs may Ix- exereiHwl.

This is also an answer to tlio tliird erroneous viow abovo men-
tioned, for the law pa'sacd hy the Dominitiu Parliamont i»ruscril)inj^'
how and whun fish may \h: caught was not sot aside hy the judg-
ment referred to, hut rather confirmed.

The matter, therefia'e, stands thus :— The owner of land l)or-
dering on any non-navigable river or lake possesses the exclusivt'
right to fisli for salmon, trout or any other lisn in the water in front
of his land, and may exercise that right himself <.r transfer it to
another.

The right of fishing in water in front of jiublic, ungianted
lands belongs to the J'rovince, represented by the Local Govern-
ment, by which it may be disposed of or leased to private parties;
and any person who fishes in such waters without authority to do
so may be prosecuted for trespass.

All fishing, whetluir in private or public waters, must be
done in accordance with the Federal Fishery Laws and regulations.

Th
iiboundi
wliitefis:

In
of, thej
on favo]
uidawfu

Iti;
be large
cial Gov

Tht
encoura^
associate
rivers oi
destructi
Jias begu

A'

Quebe

i

it of fisliill;;

above luun-
j IiruHcribiiij,'
by tlu! judg-

of land l)or-
le exclusive
iter in front
ransfer it to

ungi'anted
cal Govern-
mUi parties ;
liority to do

s, must be
rcuulations.

I'UOVINCE OF gUHlJEC.

LAKES.

The Truvince of (^lebec contains a great nuiiil)er of lakes
abounding with ti.h, cliielly sixjckled trout, grey trout, baas and
whitefiah.

In casus where tlie lands around these lakes are not disi)0sed
"C they are leased hy the Commissioner of Crown Lands
nn favorable terms to parties undertaking to protect them from
uidawful and excessive fishing.

It is considered advisable that the wat<3rs containing fish should
I'e largely under private control, ratner than that Uie I'rovin-
cial Government should undertake the work of protection.

The Commissioner of Crown Lands is therefore desirous of
encouraging as much as possible the formation of anglers'
associations, and granting them five year leases of lakes and
rivers or portions of river.s, with the view of preventing such
destruction of fish as has taken place in the United Stfit^s, and
has begun and would certainly continue liere if not checked.

W. W. LYNCH,

Commissioner of Crown Lands.
Quebec, 17th December, 1884.

(;

INLAND FISHERIES.

THE QUEEN vs. ROBERTSON.

The following aro quotations from the remark.s made by the
judges of the Supreme Court in rendering judgment in the case of
The Queen vs. liobertson, April 28tli, 1882.

The full text of the judgment may be had on appncation to
the Commissioner of Crown Lands, (,)uebec.

Chief Justice Ritchie :

" To all general laws passed by the Dominion of Canada re.ni-
ating "Sea coast and Inland fisheries" all must submit, but such

laws must not conflict or compete with the legislative power of the
ocal legislatures over property and civil rights, beyond what may

be necessary for legislating generally and eftectually for the regu-

lation, protection and preservation of the fisheries in the interests of

the public at large.

" Therefore, while the local legislatures have no right to pass
any laws interfering with the regulation and protection of the fish-
eries, as they might have passed before Confederation, they, in my
opinion, clearly have a right to pass any laws affecting the property
m those fisheries, or the transfer or transmission of such property
under the powers conferred on them to deal with property and civil
rights in the provinces, inasmuch as such laws need have no connec-
tion or interference with the right of the Dominion Parliament to deal
with the regulation and protection of the fisheries, a matter wholly

: separate

i means t

Parliami

I laws nee
only ma
is inttr
uon-tida
at the s
: rights in
thus sati
latures

I

Henry ,

minion i
as I con!
Dominic
eries."
the Parli
does in
"Ferries,'
others, w
matters,
to regula
and othe;

"Im
no power
Province
real propi
right of fii

FOURNIEl

"W
Act nor t
existed b(

PROVINCK OF QUEBEC.

ade by tlie
the cttso of

plication to

iiiaila regu-
t, but sucli
)wer of the
what may
r the regu-
iuterests of

^ht to pass
•f the fish-
hey, in my
le property
1 property
f and civil
no connec-
lent to deal
ter wholly

I separate and diatinr' from the property in the flnhorieH. I'.y which
weans the general jurisdiction over the tisheries is secured to the
Parliament of the Dominion, whereby they are enabled to pass all
j laws necessary for their preservation and protection, this being th»'.
only matter of general public interest in which the whole Dominion
is interested in connection with river fisheries in fresh water,
non-tidal rivers or streams such as that now being considered, while,
at the same time exclusive jurisdiction over property and civil
rights in such fisheries is preserved to the provincial legislatures,
thus satisfactorily, to my mind, reconciling the power of both legis-
latures without infringing on either."

Henry J. (oml jurlgment.)
J " The British North America Act of 1867 conveys to the Do-

minion no property in the sites of the sea coast or inland fis) . vies
as I construe it. In section 91, which defines the powers of the
Dominion Tarliament, we find included "sea coast and inland fish-
eries." That provision in the enumeration of the powers enables
the Parliament of the Dominion to legislate on the subject as it
does in respect of matters such as "Shipping and Navigation,"
"Ferries," "Bills of Exchange and Promissory Notes" and many
others, without passing any right of property in the several subject
matters. In fact, in my opinion, the power under the act is but
to regulate the fisheries and to sustain them by grants of money
and otherwise as might be considered expedient.

"Independently of the statute, the Dominion Parliament has
no power to legislate in respect of property or civil rights in the
Province and could not by enactment affect the tenure of or title to
real property. By the common law, the owner of the soil 1ms the
right of fishery in unnavigable streams and water courses."

FOURNIER, J. (Translation.)

" With respect to the right of ownership, neithor the TTnion
Act nor the Fishery Act has altered the state of affairs whicli
existed before Confederation. The ownership remains as before.

8

INLAND FISHERIES.

"The Federal Government, in my opinion can say to the
owner : ' You shall only iish in certain seasons and only with cer-
tain authorized instruments or fishing tackle.' Such a restriction is
not an encroachment upon, but rather a protection granted to this
kind of ownership. It is, I might ^ay, a regulation of police and
control over a species of ownership which it is important to protect
and preserve for tlie general benefit. Every one knows what
would become of the fisheries in a very short time if every one
was allowed to do what he pleased with them.

" In a very few years their blind cupidity would ruin this
source of riches, and our fisheries, instead of becoming as rich and
fruitful as formerly, would soon return to the sttite of exhaustion
if not ruin, in which they were before they became the object of
a protective legislation. This power of regulation, sui^ervision
«.iid protection was, before Confederation, exercised by each pro-
vince in the public interest and it is the same power which is now
exercised by the Federal Government, It has no more right than
had the provinces to touch the right of ownership in the fisheries ;
its power is limited to res^ .iating the exercise of such right. I ani
of opinion, with tlie Honorable the Chief Justice, that the right to
fish in nou-navigable waters is an attribute of the riparian" own-
ership, whether a province or a private individual be the owner,
subject however to the right of the public to make use of such non-
navigable rivers as means of communication, in so far as their na-
ture may permit of the same."

Strong, J.

" No principle of law c^n bo better established both in Eng-
htnd and America than the rule which ascribes the ownership of
the soil and bed of a non-navigable river iMma fade to riparian
propriet(-:., of tiie opposite banks, each to the middle thread of the
stream.

" It results from the proprietorship of the riparian owner of the
soil fn the l)ed of the river that iie has the exclusive riglit of fishing
i!i so much of the bed of tlK riv^er as belongs to him, and this is

the righi
other si(
aquae, c
; sides, in
hath the
length ;

Chf
states th

"B'
the same
right and
terms of
or margii
is naviua
:f passagi
way."

" Fr
Messrs. C

" In
tide, whe
the land a
soil of tlu
have jyvii
The right
has been i

PROVINCE OF QUEBEC.

say to the
ly with cer-
rostrictioR is
lilted to this
f police and
lit to protect
:iiows what
if every one

Id ruin this
as rich and
exhaustion
le object of
supervision
y each pro-
tiich is now
riglit than
le fisheries ;
ght. I am
ie right to
irian own-
he owner,
f such non-
3 their na-

h in En(/-
iiership of
;o riparian
'ead of the

ner of the

of fishuicr

id this is

not a riparian right in the nature of an easement, but is strictly a
right of property. To sustain these propositions of law, authorities
without number might be cited. It is sufficient for the present
purpose to refer to two or three of the most weighty and apposite.
" Sir MidtJoew Hale says in the Treatise de Jure Maria :
" Fresli rivers of what kind soever do of common right belong
to the owners of tlie soil adjacent, so that the owners of one side
I have of common right the property of the soil, and consequently
the right of fishing usque filum aquae, and the owners on the
other side the right of soil or ownership and fishing unto the flum
aquae, on their side. And if a man be owner of the land of both
sides, in common presumption he is owner of the whole river, and
hath the right of fishing according to tlie extent of his land in
length ; with this agrees common experience."

Chancellor Kent in his commentaries Vol. 3, p. 427, ed. 12,
states the law as follows :

" But grants of land bounded on rivers or upon the margin of
the same, or along the same above tide- water, carry the exclusive
right and title of the grantee to the centre of the stream, unless the
terms of the grant clearly denote the intention to stop at the edge
or margin of the river; and the public, in the case where the river
is navigable for boats or rafts, have an easement thereon or a right
:f passage subject to the jus publicum as a common public hi^h-
way.

; " From a treatise on the law of waters lately published by

: Messrs. Coulson & Forbes, I extract the following passage :

" In all rivers and streams above tlie flow and re-flow of the
tide, whether such rivers are navigable or not, the proprietors of
the land abutting on the streams are prima facie the owners of the
soil of tlie c'veus or channel ad medium filum oijuae, and as such
have prima facie tlie riglit of fishing in front of tlieir own lands.
The riglit is aright of pr(»perty, one of the profits of the land, and
has been called a territorial fishery. It is not strictly speaking a

10

INLAND FISHERIES.

riparian right arising from the right of access to the water, but is a
profit of the land over which the water flows, and as such may be
transferred or appropriated, either with or without the property in
the bed or banks, to another person, whether he has land or not on
the borders of or adjacent to the stream."

" By the British North America Act, the Crown lands are
vested in the respective provinces. This, of course, includes the
beds of all non-navigable rivers and the consequent right to the
fish in such waters, for there can be no doubt that the right of
taking fish in rivers of this class, so long as they remain ungranted,
is vested in the provinces as an incident of the ownership of the
public domain, just as the timber and ail the other profits of the
land are so vested. These fisheries, although often in practice not
conserved by the provinces, are certainly not public fisheries open
of common right to all who may choose to avail themselves of them,
as is the case with regard to the fisheries in tidal waters and the
great lakes, but the provincial governments may, without special
legislation and in exercise of their right of property, restrict their
use in any manner which may seem expedient, just as freely as
private owners might do. In shori, the public have no more right
in law to take fish in non-navigable rivers belonging to the pro-
vinces than they have to fell and caiTy away trees growing on the
public lands ; in the one instance, as in the other, such interferences
with provincial rights of property are neither more nor less than
illegal acts of trespass."

Th(
Eegulati
of rivers
rally.

For
should b

Sec.
kill salm
as fly su]
and the 1
Quebec.

Sub
at any tii

i Sub-
be at any
or grilse <
or killed ;
used for c
cost and i
in every (
ation.

ater, but is a

3uch may be

property in

nd or not on

m lands are
ncludes the
right to the
he right of
ii ungranted,
srship of the
)rofits of the
practice not
sheries open
ves of them,
;ers and the
tout special
jstrict their
as freely as
> more right
to the pro-
i^ing on the
[iterferences
)r less than

PROVIN^^ OF QUEBEC.

11

EXTRACTS FROM THE DOMINION

FISHERY LAWS AUD HEGULATIONS.

The foUowing extracts from the Dominion Fishery Laws and
Regulations are selected principally for the information of lessees
of rivers and lakes in the Province of Quebec, and anglers gene,
rally.

For complete copies of these laws and regulations application
should be made to the Fisheries Department, Ottawa.

31 VICT. CHAP, 60.

^f'- '^•-It shall be lawful to fish for, catch and sai.on a„g,i„g
icill salmon with a rod and line, in the manner known "^"°''-
as fly surface fishing, between the thirtieth day of April
and the thirty- first day of August, in the Province of
Quebec.

Sub-sec. 3. — Foul or unclean salmon shall not be
at any time caught or killed.

Foul Salmon.

I Sub-sec. 4.— Salmon fry, parr and smolt, shall not Fry. parr or
be at any time fished for, caught or killed, and no salmon kmi™' '" "*
or grilse of less weight than three pounds shall be caught
or killed ; but where caught by accident in nets lawfully
used for other fish, they shall ])e liberated alive at the
cost and risk of the owner of the fishery, on whom shall,
in every case, devolve the proof of such actual liber-
ation.

12

INLAND FISHERIES.

Use of nets 'e-
Kulated.

I'onnJaries of
esiuary fishing
to be defined.
Penalty for
fishing alxjvc
limits, except
with a rod and
line, (Sf'c.

Mode of kill-
ing at certain
places.

^ Sub-sec. G.— The use of nets or other apparatus
which capture sahnon shall, except in the Trovinces oi
Nova Scotia and New Brunswick, be confined to tidal
M'aters.

Sub-sec. 7.— The Minister, or any Fishery Officer
authorized to such.effect, sliall have power to define the
tidal boundary of estuary fishing for the purposes of this
Act ; and al:)ove the actual limit so to be laid down, it
shall be unlawful, without the special fishery lease or
license above provided for, to fish for salmon, except
with a rod and line, in the manner known as fiy surface
fishing, under a penalty not to exceed one hundred dol-
lars, and imprisonment in default of payment for any
term not exceeding two months.

Sub-sec. 11.— Except in the manner known as fly
surface fishing with a rod and lino, salmon shall not be
fished for, caught or killed by any artificial pass or sal-
mon leap, nor in any pool where salmon spawn.

Si
white-f
Kovem
of any .
and tli(j
nor sha

Su
white-fi
tention
tw(j mil

Su
have m
measure

Salmon
spawn.

Not to he kill-
ed in certain
ways and at
certain season.

Sub-sec. 12.— Except under the authority and for
the special purpose provided for in this Act, no one
shall take, buy, sell, destroy, use or possess any salmon
roe, nor injure any spawning bed.

LAKE AND RIVER TROUT FISHERY. .

Sec. 8.— It shall not be lawful to fish for, catcli ui
kill any kind of trout (or "lunge") in any M-ay whatever
l^etween the first day ol October and tlie first day of
January; and no one shall, at any time, fish for, catch
or kill trout by other means tlian angling by hand witli
hook and line, in any inland lake, river or stream, except
in tidal waters.

Sec
(doree),
Governo

Sec.
proof of ^
buy, sell
thereof, (
means w
by law.

Sul)
officer, e:
a market

in any vi
to his ow

xffi

PliOVINCE OF QUEBEC.

13

other apparatus
the Provinces ol
confinod to tidal

WHITE-FISH AND SALMON TROUT FISHERY.

Oil liiets

Sec. 0.— It shall not bo lawful to fish for or catch cios. s..

white-fish in any manner between the nineteenth day of ''^"'"^'hitc'rh.

Kovember and the first day of December, nor by nleans

Fishery Officer ^^ '^"^^ ^'"''^ ''^ •'*-'"^^' ^^'tween tlie thirty-first day of July

ver to define the *"'^ ^^'"^ first day of December in the Province of Quebec,

piir]ioses of this ^'''' ''^'''^^ ^^^"^ ^''^ ^^' ^^^^ same be at any time destroyed. '

t Z exec," :'""'"'■ ''"'" '""'™ ""'^'^^'■^ "f ^' '-•'' «™ "-''- --

n as ny surlaw t,v„ miles of a.,y seining gronnd.
lie hundred dol-

ayment for any Sub-sec. 3.-Seines for catehing wldte-fish shall s.,„.

bivo meslKs of not less than four inches extension

measure.
er known as fly
ton shall not hv ^'^'"^^ ^^^ PICKEREL FISHERY.

>ial pass or sal ^.c. lO.-Close-seasons for bass, pike, picKerel c...

spawn. (doree), maskinonge and other fish, may be fixed by the

Governor in Council to suit different localities,
ithority and fiji
is Act, no on. POSSESSION OF FISH.

sess any salmon Sgc- H.— No one shall, without lawful excuse the

proof of which shall devolve wholly on the i.arty char-'od ^^"^^^ "
buy, sell or possess any fish named in this Act, or parts '" '" ""*■■

HERY. . thereof, caught or killed during seasons when and by

sh ^,, catch o. "^Z^'^' "''"'"' " '''"' *'' """^ is prohibited
M'ay whn.tevei

the first day of Sulvsec. 2.— It shall be the duty of every customs

, fish for, catch ''^'^''''' excise officer, police officer or constable", clerk of ^"-i- "li^r^
M^yhand witli^^"^^^l^'«t brother party in charge of any marketplace "'°"' '"
• stream, except ^" ^^'^^' village, town or cii}\ to seize and forfeit on view
to his o^^-n proi.er use, or gift, any fish enumerated in

Idj-u season.

season.

^■pos
salo in close
season.

14

INLAND FISHEEIES.

And report the
same.

To be made
where and in
such manner
as Fishery
Officer may
determine.

I'enalty for con-
travention.

this act, caught or killed during prohibited seasons, oi
which appears to have been killed by unlawful means :
but every such seizure and appropriation, with the date,
place and circumstance thereof, shall be duly reported
together with the name, residence and calling of the per-
son in whose possession such fish was found, to tht
Fishery Officer having jurisdiction over the district with-
in which such seizure, forfeiture and appropriation have
taken place.

CONSTRUCTION OF FISHWAYS.

Sec. 12 — Every dam, slide, or other obstruction
across or in any stream where the Minister may deter,
mine it to be necessary for the public interest that ii
fish-pass should exist, shall be provided by tlie ownei
or occupier with a durable and efficient iishway, ti
be maintained in practical and effective condition,
in whatever place and of whatever form and capa-
city will admit of the passage of fish through the
same, (which place, form and capacity any Fishery Offi-
cer may, by written notice, determine) under a penalty
of four dollars fcr each day during wliich any such ob-
struction remains unprovided with a fish way, after three
days' notice in writing to the owner or occui)ier thereof

construe
Any owi
Act, the
plete th(
with the
may rec(
pense sc
bunal.

Sul
any fish
entering
jure or c

Sec
of any st
othfer fisl
any rive
main cht
always b
material
weirs \isi
mill-dan]

To be kept
open, 6f'c.

Minister may
pay one-half
the cost.

Sub-sec. 2.— Fish ways shall be kept open and u?i-
oljstructed and be supplied with a sufficient quantity v\
water to fulfill the purposes of this enactment, during;
such times as may be required by any Fishery Officer.

Sub-sec. 3. — The Minister may authorize the pay-
ment of one-half of the expenses incurred by such ownei

or occupier in constructing and maintaining any fisli-
way.

Sub-sec. 4. — Should it be expedient to procure tin

ence onb
juie othe
shall dep
and such
mined b]

Sub
as entire!
any of tl
nary cha:
passage t
increasinj

PROVINCE OF QUEBEC.

15

)ited seasons, oi
inlawful means :
n, with the date,
e duly reported
illing of the per-
is found, to tht'
ilie district wit h-
jropriation have

LYS.

her obstruction
ter may deter.
I interest that ii
id by tlie ownei
ent iishway, tt
itive condition,
form and capa-
ih throufijh the
ly Fishery Oflfi-
nder a penalty
1 any such ob-
way, after three
cupier thereof

the cosl in cer-
tain cases.

construction of any fish way pending proceedings against ^^^ conrtruct
toy owner or occupier for the penalty imposed by this
Act, the Minister may give directions to make and com-
plete the same forthwith, and to enter upon the premises
with the necessary workmen, means and materials, and
may recover from the owner or occupier the whole ex-
pense so incurred by action before any competent tri-
bunal.

Sub-sec. 5. — No person shall injure or obstruct
any fish way, nor do anything to deter or hinder fish from
entering and ascending or descending the same, nor in-
jure or obstruct any authorized barrier.

Not t3 be ob-
stru:ted or in-
jured.

topen and un-
nit quantity ol
Lctment, durini:
shery Officer.

Sec. 13, Sub-sec. 4. — The main channel or course
of any stream shall not be obstructed by any nets or
other fishing apparatus ; and one-third of the course of
any river or stream, and not less than two-thirds of the
main channel at low tide, in every tidal stream shall
always be left open, and no kind of fishing apparatus or
material shall be used or placed therein ; provided that
weirs used exclusively for catching eels, and the usage of
mill-dams for catching eels, shall be subject to interfer-
ence only in cases where, and at times when, they j.r •
juie other fisheries, or by completely barring any passage,
shall deprive other weirs of a share in the run of eels ;
and such place, time and circumstances may be deter-
mined by any Fishery Officer.

Main chanmels
not to be ob-
structed

Proviiio ; as to
eel fishing.

Sub-sec. 5. — Nonet or other device shall be so used
as entirely to obstruct the passage of fish to and from
any of the waters of the Dominion by any of the ordi-
nary channels connecting such waters, or debar their
passage to and from accustomed resorts for spawning and
to procure tin increasing their species.

iiorize the pay-
i by such ownei
ining any fisli-

No net, £>'c.,

to obstruct en-
tirely thi: pass-
age of fisih.

in

INLAND FISHERIES.

KillitiR fish nt
certain places
forbiddeii.

Sul,..,ec. fi.-Tho etching, killing ,„■ „.„lu»ting o,

;» . when i,as.s,ng „v attempting to im, through !»,y

.shway or n.,h.i.as8, or in aunnonnting any oh»taole or

le.ti«-tho „.e of any invention to catch, kill, or molest

h,h m the null head, and water-cour,e» an.urtenant

thereto, are hcrehy forhitUleu.

Fish not to be
killed ill cer-
tain ways.

Proviso
Indians.

YouHE of fish
not to be taken.

Nets, d-c.in
small rivers.

Fish to be
allowed free
passage on
Sunday.

Sub-sec. 8.- It shall not be lawful to iish for. catch
or kill salmon, tn^it (or "lunge") of any kind, maski-
non.i^e, wmnoniche, bass, bar-iinh, pickerel, white-fish
herring or shad by means of 8i,ear, graimel hooks, iie-w
to ornishagans: Provided, the Minister may appropriate
and license or lease certain waters in which certain In-
dians shall be allowed to catch fish for their own use in
aiidat whatever maimer and time are specified hi the
;^or lease, and may permit spearing in certain

Siib-sec. 9.~No person shall fish for, catch, kill
buy sell or possess the young of any of the fish named

in this Act, or in any Regulation or Eegulations under
It.

. Sec. 13.-Nets or other fishing apparatus shaU not
be so used as to impede or divert the course offish in
any small rivers.

X of he clock m the evening or, every Saturday, to the
time of low water nearest six o'clock in the momin- on
every Monday, in tidal waters, and from six of thecbck
m the evening on every Saturday to six of the clock in
the morning of the foUowing Monday, hi ft-e.h water -
semes, nets, or other apparatus used for catching il,
shall he so raised or adapted as to admit of the free
l-assage of fish through, past, o. out of the so.mo, for the

PROVINCE OF QUEBEC.

17

ulu.sUug ot
I'ou^'h any
f>l)>stacle or
, or molest
>l)urtenaiit

for, catch
J, niaski-
v'liitb-fish,
)ks, iiegog
>propriate
iitain Iii-
■n use ill
d ill the
II certain

tch, kill,
h. named
IS under

ihall not
f fish in

nearest
Y, to the
ning on
lie clock
lock in
'ater, —
ag fish
le free
for the

And forfeil'^l
if tlien t.tKi- ,

purpose of affording a free pass from six of the clock on
every Saturday evening to six of the clock on every
following Monday morning ; and during this dose time
it shall be unlawful to catch fish by such means ; and
any fish so taken, caught or killed, together with the
nets or other api)ai'atus used, shall be forfeited, in addi-
tion to the penalties imposed by this Act.

(This applies to angling, which must be suspended
between six o'clock on Saturday evening and six o'clock
on Monday morning.)

Sec. 14, Sub-sec. 2. — Lime, chemical substances or Poiscmou*
drugs, poisonous matter, (liquid or solid), dead or decay- wti'S "'"
ing fish, or any other deleterious substance, shall not be
drawn into, or allowed to pass into, be left or remain in
any water frequented by any of the kinds of fish men-
tioned in this Act ; and saw-dust or mill- rubbish shall |!,w.'dust'''*'''
not be drifted or thrown into any stream frequented by
fish, under a penalty not exceeding one hundred dollars ;
Provided always, that the Minister shall have j>ower to I'roviso: Min-
exempt from the operation of this sub-section, wholly or empt"y
from any portion of the same, any stream or streams in
wliich he considers that its enforcement is not recjuisite
for the public interest.

Sec. 15, Sub-sec. 2 — Nothing contained in this Act Licenses to
shall preclude the granting by the Minister of written A-° ''^'"*^"'
permission to obtain fish and fish spawn, for purposes
of stocking or artificial breeding, or for scientific pur-
poses.

FIXES AND FORFEITURES.

See. 16. — Except for offences to which penalties are p^n.,i,y j,,
iilready attached, each and every offender against the lio^'oth^^'ir
provisions of this Act, or the Regulations under it, shall '"""'''=^^

ster mav e.v«
smpt any
stream, iSt»c.

18

INLAND yiSHEllIl^^S.

I'roviso : dis-
.relionary
pijwer in cer-
laiii ca"**'

dollars, besides all costs i.""'' '",•'«' ^^^J^ /It less

vieti„« .na,ist™te. that "^^ J ,^„„ poverty
ill iijiiorance of the; law ; and that ottaus ',„,.„..

ol the defendant, the renally imposed wonld be jes
sive, adiseretiouaiy ,ower may be --™-^- '';^;;/^
>-i,lery Officer or other magistrate may grant a wai a
!;lt«,ss for the amount of fine and costs imposed .„

any case.

Sub-sec 2 -The contravention on any .lay of any
MiD-set. ^. Ue<'ulat urn made

of tlie provisions of this Act, or ot any i e
under it shall constitute a separate ottence, and may

punished accordingly.

Sub-sec. S.-Shoul.l any .lefendant have gocKls and
,,atteU Uereon the costs may be levied, t.>e comij-ian
i,„v aistrain for the amount nnder warrant by any
yi:! Officer, or other magistrate, notwithstanding the

f <• iiu. i>tjrtv convicted and nneu.
iniprisornnent ot the paii> ujuviv.

Sub-sec 4 -All materials, implements ov appliances
used, arrd all lish had in contravention to t^^^^^^^;; -
any Rcuaation or Ke^^vdalions under it, sha 1 bt coni.
' 1 t:Her Maiesty, and may be sei.ed an<l conhscated
:::^::v by any Fishery Officer, or taken a^^

bv -inv person for delivery to any magistrate, and t he
So2ls It disposal thereof may be applied towards de-

fraying expenses under this Act.

Sub-sec 5.-0ne moiety of every fine or penalty

^^ZSr levied by virtue of this Ac, ^^^^^^^"^'^ f ^^^^^^l^!
^'-'''-■' ,ud the renraming half thereof shall be pa^.d to the pro

Separ«ie
offence on
ciich day.

1 >i.sire>s for
fietialiy, &-"<;.

Forfeiture ol
iirticles Uf-etl
lu coiUraveii-
lioii of ibis
All.

i

I

I'KOVIXCE OF QUEr.KC\

19

Avcnty
cut of
lot less
jvided,
le coii-
iniitted
poverty
uypres-
iiul auy
warrant
i08eil in

T of any

on made

may be

oods and

iplainant

by any

iiding the

Lppliances
is Act (^r
be contis-
ontiscated
I removed
!, and tlie
(Wards de-

or penalty
3r Majesty,
to the pro-

I

4

s(;cutor, together with the costs taxed to liim for attend-
ance as a witness or otherwise.

MODK OF UKCOVERY.

»SiW. 17. — Kach iicnalty or forfeitiire imposed by „ ,
this Act, or llegulations made under it, may be recover- to i)c sueii for.
cd, on j)ar()le complaint, beiorc any Kisliery Othcer, sti-
j)eiidiary »n- other magistrate, in a summary manner on
tlieoath of one credible witness.

Sub-sec. -. — Thrne days sjuill elapse between the ^^^^-^^.^^^^
service and the retiu'ii of summons to any defetidaut for ^'"""""'-Ac
the fii'st five leagues, and one day more for each additional
live leagues of the distance between the place at which
the summons is dated and the place of service. I'ro- ivovis,. : for

. . , c;ise« not

vided that when it is exi)edient to proceed against a (.le- MdmittiMs
fendant without delay, any Fishery Othcer or other
magistrate may issue a summons, returnable immediately,
or may issue a warrant for the apia'cheiision of such de-
fendant simultaneously with the summons.

.ijiiit;ili'iii

Sub-sec. 3. — Penalties incurretl under tliis Act, or
the Kegulations made under it, shall lie suetl foi' within "*^^"''
twf» years from the commission of the offcMice.

Sub-sec. 4. — When not otlierwise s[)eciti(.Ml, every wi,,, >ti,iii i.c
)>ro[)rietor or proprietress, owner, agent, tenant, oecui>ier, ''"'''^•
partner or i)erson actually in charge, either as oecuiiant
or servant, shall be deemed to be jointly and severally
liable for penalties or moneys recoverable under any of
the provisions of this Act or an} Kegulation or Kegula-
tions under it.

2(1

Nil i|iia»hin|{
fi'r want of
I' mm, ir'c.

INLAND KISHKKIKS.

Suli-suc. f). — X(i imj(!('<fcliii<,' undtT tlii.s Act, or any
other IN'<j;ulati()n or Iio<,'iiljition.s niiulo uiuK'r it, slmll be
(li^'inin.stHl.iiiul no conviction rlicnunKlcr shall ho (gnashed
for want of f(»rni ; nor shall any warrant of arrest or
comniitnient he held void hy reason of any defect there-
in, provided it is therein alleged that the i)arty has heen
convicted, an«l that there is a ^'ood and valid conviction
to snstai?.! the same.

I

POWKHS OK FISFIKHV OKFICKHS ANI» OTIIKR
. MA(iISTIIATKS.

Fishery officer ^*'f-'- 18. — Any 1< islisry Officer or other Magistrate

may cdiivitl • . ^ • " .

ma> convict upon his own view ol any of the oft'ences,

1)11 view.

both as infractions and for non-compliance, i)nnishabl
under the provisions of this Act ; and shall remove, or
cause to be removed instantly and detain any materials
illegally in use.

Mny cause
search tn he
liiadu.

Sub-sec. 2. — Any Fishery OtHcer or other Magis-
trate may search, or shall grant a warrant to have
searched, any vessel or place where there is cause to
believe that any fish taken in contravention of this
Act, or anything used in violation thereof, may be
concealed.

Ill what local-
ity Ic lie
prosecuted.

Sub-sec. o. — "When any offence under this act is
committed in, upon or near any water forming the
boundary between different counties or districts, or
fishery districts, such ottence may be prosecuted before
any Magistrate in either of such counties or districts,
or lu'fore the Fishery Officer for cither contiguous fish-
ery district.

Act, or any
it, sliiill bt'
1)0 <nui.sluul
of arit'.st or
iifect tliert!-
ty hii.s been
conviction

VUOVINCJK OK glKHKC.

21

Snb-Hcc. 4.— In the discharge of his duticH, any ."^^''''Am.er^Jo
Kisliery Ofticur, or any other person by him acconi- K,""*
].anie(l or autliorized to snch I'ttect, m^iy enter upon and
jMisH throuf^h or o er private i.roju'rty without l>eing
liable for treapasH.

OTIIFR

FEDERAL REGULATIONS.

Magistrate
le oft'ences,
punishable
remove, or
y materials

her Magis-
it to have
is cause to
ni of this
, may be

his act is
rminj; the
istricts, or
ited before
I' districts,
pilous lisli-

The use of ex[»losive materials to catch or kill Hsh is forbid-
den in the Dominicm of Canada. (O.C. 20 April, 1876.)

The use of seines for the purpose of catching smelts is pro-
hibited in the Dominion of Canada, (O. C. 26 July, 1877.)

The use of smelts for mamire is ])rohibited in the Dominion
of Canada, (0. C. 21 December, 1877.)

No person shall fish for, catch, kill, buy, sell or have in i)os-
session any speckled trout {nalino fontimdia) between the first
<lay of October and the thirty-first day of December in each year
in the Province of Quebec. (0. C. 8 October, 1877.)

In the Province of Quebec no person shall fish for, catch,
kill, buy, sell or possess any bass, pickerel {doree) or maskinonge
between the fifteenth day of April and the fifteenth day of May
in each year. (O. C. 16 May 1879.)

'>';

INLAND FISHEETES.

SYHOPSIS OF THE FISHERY LAWS

RKfJARDINc;

CLOSE SEASONS IN THE PROVIXCE OF QUEREC.

IT IS rXLAWFJ/L TO TAKE

Piclcerel, Dore, \

Maskinonge. ( From tlie loth of April to tl.e 1 oth of Ma v
I »<iss, j

8aliuon, with nets-From 1st Aug. to 1st xAfav iu following year
(Ic with fly —From 1st Sept. to "

Siteekled Trout,

(< ((

speckled Trout, \

Hrook or River Trout, l
Large Grey Trout, J

From 1st Octol)er to 31st December.

Salmon Trout-From lOtli October to Ist December.
White Fish -From lOth November to 1st December.

>^;^ person may. during their respective close season., fish f.r
catch, kill, buy, sell, or have in possession, anv of the kinds of fish'
mentioned al,ove. Any person doing so is liable to be fined or
imprisoned.

Net or seine fishing witl.out license is prohibited. Nets must

.e raised and angling suspended from Saturday night until Mon-

^lay n^ormiig^ .^ets or seines must not be set or used, so as to bar

channels or bays. 'i^u. ...n

These prohibitions apply to Indians as well as to white

men.

7S

PROVINCE OF QUEBEC.

QUEBEC FISHERIES ACT.

KREC.

lav.

iiig year.

)er.

fish li i\
s offish
fined or

ts must
il Mon-
-s to bar

ie men.

i

46 VICT., CAP. 8.

An Act respecting tlie management of public lands adjoining non-
navigable streams and lakes in the Province of Quebec, and
the exercise of the fishing rights thereto pertaining.

{Assented to Wh March, ISSo.)

HEK MAJESTY, by and with the advice and consent of tin-
Legislature of Quebec, enacts as follows :

1. — The Commissioner of Crown Lands or any officer or agent
under him authorized to that effect, may grant leases of such of
the public lands of the Crown as are situated along the banks of
such rivers and lakes in the Province of Quebec, where the ex-
clusive right of fishing is vested in the Crown as the riparian pro-
prietor, at such rates and subj 'ct to such conditions, regulations
and restrictions, as may from time to time be established by the
Lieutenant-Governor in Council, and which shall be published in
the Quebec Official Gazette.

2. — No lease shall be so granted for a period longer than oni'
year from the date thereof, and if, in consequence of any incor-
rectness of survey or other error or cause whatsoever, a lease is
found to comprise lands included in a lease of a prior date, the
lease last granted shall be void in so far as it interferes with the
one previously issued ; and the holder or proprietor of the licenst-
so rendered void, shall have no claim for indemnity or compensa-
tion by reason of such avoidance.

(Repealed, and replaced by sec. 1 of Act of 1884.)

¥1

24

INLAND FISHERIES.

3.— Sucli license shall confer, for the time being, on the lessee
the right to take and keep the exclusive possession of the lands
therein described, subject to such regulations and restrictions as
may be established, and shall vest in him the right to fish in the
waters thereto adjoining, at such times and in such manner as may
be regulated and allowed by any law or statute of the Parliament
of Canada then in iorce, or by any regulations passed in virtue
thereof.

It shall also entitle the lessee to institute in his own name
any action or suit at law against any wrongful possessor or tres-
passor, and to ])rosecute the same, and to recover damages if any
there be.

4. —Each lessee shall be bound to establish and maintain, on
and over the ten-itory covered by his lease, an efficient guardian-
ship to secure a complete protection of the fishery rights belong-
ing to it.

He shaU finther l)e answerable for damages done to the tim-
ber giov.-ing on the said territory and in the adjoining territory, by
himself or the people under his control, either from waste or from
want of sufficient precautions in lighting, watching over or putting
out fires, and it shall be incumbent upon him, in case of damage
done by fire, to prove that all such precautions have been taken.

5.__N() lessee shall have the right to sublet any privilege
Ill-anted him under the provisions of this Act, without first notify-
ing the Department of Crown Lands, and receiving the written
I'onsent of the ( 'onniii.^sioner or of sonu; other person authorized to
that efiect.

(). — The rental .shall be paid in ailvancti ; and any lessee who
fails to do so, shall not be entitled to claim the renewal of his
lease. The lease of any person convicted of an infraction of this

^w

rnoviNCE OF quebec.

25

the lessee
the lands
ictions as
sh in the
ler as may
ail lament
in virtue

wn name
ir or tres-
;es if any

intain, on
guardian-
ts belong-

o the tim-
fritory, by
B or from
or putting
jf damage
a taken.

privilege
I'st notify-
le written
;horized to

lessee who
wal of his
on of this

Act, or who has violated any regulations under it, may be an-
nulled by the Commissioner of Crown Lands.

7. The Lieutenant-Governor in Council may, if he considers

it expedient for the better protection of the ja-ovincial fisheries,
divide the province into fishery divisions, and may appoint a fish-
erv overseer for each such division, whose iluties shall be defined
by the regulations made under this Act.

8. Except in the discharge of any duty imposed by law,

no person shall enter upon or pass over the land described in such
lease without permission of the lessee or his representative, on pani
of incurring a fine of not less than one nor more than ten dollars,
and in default of immediate payment, of an imprisonment not ex-
ceeding one month. It shall be lawful, nevertheless, whenever any
such land is included in any timber lincense, that the holder there-
of shall have at all times the right to cut and take away all trees,
timber and lumber, within the limits of his license aud during the
term thereof, and it shall further be lawful for him to make use of
any floatable river or watercourse, and of any lake, pond or other
body of water, and the banks thereof, for the conveyance of all
kinds of lumber, and for the pa.ssage of all boats, ferries and canoes
required therefor; subject to the charge of rei)airing all damages
resulting from the exercise of such right.

The present section shall not apply to any person simply pass-
ing over the said land, or engaged in any occupation not inconsist-
ent with the provisions of this act.

0. If any person, without permission of the lessee or his

representative, fishes or employs or induces any other person to fish
or assist in fishing in the waters adjoining any such lease<l land, or
removes or carries away or employs or induces or assists any other
person to remove or carry away any fish caught hi any such waters,
he shall not acquire any right to the fish so caught, but the same

26

INLAND FISHEKIES.

shall be forfeited and become the absolute property of the lessee,
and any such person shall therefor incur a penalty of not less than
live nor more than twenty dollars, and in default of immediate
pavment, of an imprisonment not exceeding one month.

10. — Except for oftences to which penalties are already
attached, each and every offender against the provisions of this act
or regulations made under it shall incur for each offence a penalty
of not more than twenty dollars, besides all costs, and in default of
immediate jiayment shall be imprisoned for a period not exceeding
one month. Contravention on any day of any of the provisions of
this act or of any regulations made under it shall constitute a.
separate offence and may be punished accordingly.

11. — One half of every i>enalty imposed by virtue of this
act shall belong to Her Majesty for the uses of the Province, and
the remaining half shall be paid to the jaosecutor, together with
the costs which he may have incurred. Each penalty or forfeiture,
imposed by this act or by the regulations made thereunder, maybe
recovered t-n parol complaint before any fishery officer or other
magistrate, or before anv Crown Lands agent or other officer irv
employee of the Oown Lands Department, in a summary manner,
on the oat'a of one credible witness. Any fishery officer or other
official, mentioned in this section, may convict upon his own view
for any of the offences mentioned in this act.

12. — The Lieutenant-Governor in Council may, from time
to time, vary, amend, and alter all ajid every regulation as shall be
found necessary or deemed expedient for the better management
and regulation of such land as is leased under the operation of this
act and the fishing rights thereto ])ertaining, and such regulations
shall have the same force and effect as if herein contained and en-
acted. Every offence against any such regulation may be stated
as having been made in contravention of this act; and for the pur-

rilOVIXCK OF QUEBEC.

27

]K).SL'S of onfoi'cing the same, Fishery Overseers as well as all agents
for the sale of Crown Lands, all employees of the Department of
Crown Lands, and all wood rangers, and other persons employed
hv the Department of Crown Lands, shall be ea; q^cio Justices
of tlie Peace.

13. — The remuneration of tlie Fishery Overseers and of
all other persons employed to perform any duty imposed by this
act or by the regulations made under it, shall be determined by
tlie Commissioner of Crown Lands, eitlier by conrmission or other-
wise, and in either case shall be paid out of the proceeds of the
operations of this act.

14.— It shall be lawful for the Commissioner of Crown Lands,
or any officer thereto authorized by him, to grant permits to fish in
any waters adjoining lands not under lease, for a period not ex-
ceeding one month, upon such terms and subject to such restric-
tions and conditions as shall be provided liy Oi-der in Council to
that effect.

15, — Bonajide residents may fish in such unleased rivers as
are known not to contain salmon, and in unleased lakes, without
first obtaining the permit mentioned in the preceding section.

IC, — 'i^his act shall come into force on the day of its sanction.

28

INLAND FISHERIES.

LEASES OF PUBLIC LANDS.

47 VICT., CAT. 27.

An Act to amen 1 the Act of this Province, 46 Victoria, chapter 8,
respecting the management of public lands adjoining non-
navigable streams and lakes in the Province of Quebec, and
the exercise of the fishing rights thereto pertaining.

{Astiented to lOth June, 1884.)

HER MAJESTY, by and with the advice and consent of the
Legislature of Quebec, enacts as follows :

i

46 V., c. 8, s.
2, replaced.

l.__Section 2 of the act 46 Victoria, chapter 8, is
repealed, and is replaced by the following :

Duration of " 2. No Icasc sliall bc so granted for a period longer

!,ionrs°/imo"i''' than five years from the date thereof; and in the case of
lands situate along rivers known as ' Salmon Rivers,'
leases therefor shall be made only to and in fiivor of the
highest bidder, after the same shall have been put up to
public competition, of which at least one month's notice
shall be given in the 'Quebec Official Gazette,' and in
such other way as to the Commissioner of Crown Lands
may seem the most advantage ous.

Provided always that the price offered be at learst
equal to the upset price fi.xed by the Commissioner, and
that if not sold, the Commissioner may afterwards, by
]»rivate sale, dispose of the said leases at such upsot
price, c)r for a greater siun.

Proviso.

VKOVINCE OK Ql'KV.EC

20

i

Whenever a lease of lauds, previously under lease p"eviou"7es"ee

.1 for actual

to one person, is adjutl<^ed to auotlier person, tne new v"i''eofJ»'- ._^
lessee shall be held to indemnify the previous lessee for pjJJJfp^'-"'
the real and notartiticial value of any necessary bniM- l;;-;;^ '" =*""
iniis or improvements existing on the land leased, which
value, in case of any ditterence of oi)inion, sliall l>e de-
finitely fixed and determined by the Cummissioncr of
Crown Lands ; and such new lessee shall not be entitled
to receive a lease until he shall have furnished proof
that he has so indemnititHl the previous lessee.

And if, in conseciuence of any incorrectness of sur- |'^;;-'- -,i"
vey or other error or cause whatsoever, a lease is found |^Satn«-
to comprise lands included in a lease of a ]M'ior date, '^""^« ''"^"-■•
the lease last granted shall be void in so far as it inter-
feres with the one previously issued, and the holder or
proprietor of the lease so rendered void, shall have no
claim for indemnity or compensation by reason of sucb
avoidance."

2. The Commissioner of Crown Lands may, upon Appointment

tne recommendation of the lessees of Hsbing rights, or "'■^"-'i'---
M-ithout such recommendation, appoint as many guar-
dians as may be deemed necessary for the eftectual pro-
tection of tlie tislicries in the different rivers and lakes
under his control.

Such ouardians shall be sworn to the faithful dis- oaiuoi g....-
charae of "their duties and espec'ially to prevent the ^.-s.
taking or killing, or attempting to take or kill hsh uithe
waters under their charge by illegal means, or at tnnes
when the taking or killing of fisli is ,,rohibite.l by law

They shall be eiuph)yed for such length of time as lermofsev-
e Commissioner of Crown Lands shall consider neces- i:^;^'^^l

thi

sary ;

and their services shall be paid f<.r by the lessees.

30

INLAND FISHERIES.

SintemeiU to
l.e fiirnishcii
!iy lessees.

Kighl of pas-
•>iige reserved.

Leases to be
iiKule in the
ii:inie of one
person.

Cancellation of
lease in certain
cases.

Rivers, <5r»c,,
may he reserv-
ed for certain
time.

Commissioner
may, with con-
-en't of owners,
assume con-
irol of fishing
lights fronting
(in lakes, <5^c.,
tor certain
|Mirpo>es.
Share of rent
paid to owners.

:^._It shall 1)0 made a condition of leases of lands
conveying fishing lights that lessees sh ill, as soon as
])os,sible after the clo.se of each angling season, transmit
to the Department of Crown Lands a statement of the
number and weight of tish caught in the waters affected
by such leases.

4. — Leases of lands to convey fishing rights sludl
be made subject to a general right of })assa.Li;e tt) and from
the water in favor of the occupants, if any, under title
from the Crown, of the lands immediately in rear of
those leased.

5. — Leases of lands conveying Hshing rights shall
l)e made in the name of one person oidy, who shall 1)0
recognized as the lessee.

().— Excessive or wasteful fishing or killing of sal-
mon or trout shall involve the cancellation of the lease
covering the waters in which it has taken place ; and
the lessee who has been guilty of such excessive or
wasteful iishing shall not be eligible to receive another
lease of fishing rights or permit or license to lish within
this Province.

7. — It shall be lawful for the LieuteuauU'rovernor
in Council, upon the reeomuiendation of tl e Commis-
si(jner of Crown Lands, to reserve from lease lor one or
more years, for i)urposes of improvement, any river or
lake not leased or jtart thereof, the exclusive light of
fishing in which is vested in the Crown,

8. — The Commis.sioner of Crown Lands may, with
the ctaisent of the owners, and for purposes of manage-
ment only, assume the control of fishing rights pertain-
ing to granted lauds fronting on any river or lake, with
ii. view to imi>roving or leasing the same in connectirui
with those pertaining to ungranted hinds fronting on th(!

TROVIXCE OF QUEIiKC.

31

same river or lake, and paying over to thv. private own-
ers of sneh fishing rights a i)roj)ortionate share of the
rent received for the whole.

0. — It is obligatory upon a?n- ^,tirson who has no , .

1 ..•..,, . ^ l.icenscs to be

'loniKnle m the Trovince of Quebec, and who desires to "»''•'»".«='>'•>•

... -V > .^j..w.3 i.^j certain per-

tish in the salmon rivei's \uu\v.v the control of this Pro- '""'

vince, to i»rocure a i)ermit or license to that effect from

the Commissioner of Cnmn Lands before beginning to
fish. °

cense.

Such license shall be granted upon the pay- I'riceofii
ment of a fee of ten dollars, and shall be valid until the
close of the angling season of the year in whicli it is
gianted.

Lessees of fishing rights from the Crown are ex- KxeM,ption h.
empt from the ol)ligation imi)Osed l)y this section ; l>ut oni'sWug ''^'''
no more than two persons shall be exempt under any "'''"^
lease, notwitjistanding any arrangement that may exist
with regard to the payment of rent.

10. — This act shall be read and construed as though ,
t.»nnmgi)art of the act hereby amended; and the two
•0 united shall be known and may be cited under the
name of "The Quebec Fisheries Act."

Name ot iict.

11 — This act, with the exception of the first .section . •
thereof, shall come into force on the day of its sanction, '"'"
and the said first section shall come into and be in
force only on and after the first day of September next.

32

INLAND FISHERIES.

REGULATIONS.

The followiiKr regulations, made and passed by the Lieutenant
Governor in Coundl in connection with the (Mebec Fisheries Act.
have the force and eiVect of law :

1 __The Commissioner of Crown Lands may at his discretion
reserve from sale or location any puWic lands adjoining non-navig-
•vble rivers and lakes, such reserve to bo for such depth as may be
ibund expedient, and leases granted under the provisions of the
Ouebec Fisheries Act, for the purpose of conveying the hshing
eights pertaining to such lands, shall be for the depth so reserved.

2 —Such leases shall be granted, as far as practicable, to
responsible parties, able and willing to improve the lakes and rivers
J guard them well. Applicants having in view the personal use
and enjoyment of the fishing rights to be generally pi-eferred to

- such as may offer higher rents with a view to farmmg or subletting
the riaht to fish. Care to be taken that residents in the province
be allowed to enjoy a due proportion of the ilshing rights.

N B —Leases affecting salmon rivers are sold at auction to
the parly offering the highest rental. They are made for five years
or less. ' (See Quebec Fisheries Act, part 2, sec. 1.)

3 _-The valuation of the lands for rent shall be based on the
character and condition of the lakes or rivers which they adjoin, as
,,ade known to the Department of Crown Lands by reports of offi-
cial inspector or private individuals. All such repoi s shall be
considered confidential, not to be communicated to other pauies
without the express authorization of the Commissioner or A, .ant
Commissioner of Crown Lands.

I'HOVINCK OF QUKBEC.

33

4.-I., ea.sc ol ,l,fl.ront parties making upplicati,.,. for a least-

Of he .s.une lands, they .l.,.|l I.e asked tc, state in writing the »nn,nnt

1 rent they a,,, sexerully disposed to pay therefor, and the (Jo.n-

n assioner o Cnnvn Lan.ls n.ay at his <liscretion accept such oiler

as lie .shall deem most advantageous.

eated?" H """'' 1-^' '''''^''''""^ ^'' ^''''' '''' "«^ ^" ^'« -'^"""""i-
cated to other applicants.

the Q„chec iMsh.ne. Act shall „„t l,e hold t„ ..,„voy the ri,,|,t t,,
work „,,j. „„„,, „„„ „„,y ,,^ f^„__j ^_, ^^_^,_ |^__^ ^^ ^ ^j>

timtier tliereon. "^

n.n,<frrrr'/';f^"'"^'"''' ""^^«^ t^e provisions of the above
n e, Uoned Act. shall not have any recourse against the government
of th.s 1 rovmce for any hindrance to their use ai.d enjoyment of
the hshing nghts pertainir.g to the lands leased, by the operation
of any law enacted or that may 1... hereafter enacted by the Parlia-
ment of Canada, or by any action of the Federal Government or
any person employed thereunder.

The special attention of anglers and others interested is direct-
ed to the following provisions of the Quebec Fishery Law •

Leases of public lands conveying iishing rights may be grant-
ed for hve years, and, in the case of lands bordering on sdmon
rivers, be awarded to the highest bidder at public competition.

Compensation must be made by a new lessee to a former one
tor the real value of buildings or improvements on land le.sed.

Lessees are vested with all fishing rights, but must exercise
them in accordance with the Federal and Provincial Fishery Laws
and Regulations. They may prosecute trespassers and recover

^^ INLAND KISHEUIKS.

'"iT^e'T^bo.m.l to C8t..l,li8h ,.na ,uui„tain olU,.iont privaU,
.uantoX . ov,.r the territory l..«»e,l to .lu.u. They are reeo,,,-
" JT,!Lv„ th.ir guardians aiTC-.ted by the (Jo.nnusxmuer of
irwt U,.!;::,:! lion. U, n... .ai' ,.,„. ,,;.„...,, of tUe. cut..

No le»,ee has the right lo sublet without Hrst ree,MVU,K the
„ri.t«. c'Leut of the Co„uui».ioner of Crow,. UukI.. Neg.eet of
this ve.iuirement involves eancellation of the lease.

Tr,.spassers and ,«.achers are liable t., a Hue of Hve t.. twe,>ty
dollars, and im,iiis.mment up to one month.

Fxcessivo or wasU^ful tishing .«■ killing of .sahuc. or trout m-
volvct'the cancellation of the lease covering the waters .n wlncl. tt
ha taken place, and the i«rson guilty of such excess.ve or waste-
fulfiltn. is not eligible U, receive another lease of hshn.g r.ghts
or permit to Hsh within this Province.

It is oblig.itorv upon any person who does not reside n. the
l.,„vi nee of Quebec,' and who desires to hsh in the salmon nvers
,lr the control of this Province, to pmcure a permit or license to
hat effect before beginning to «.sh. The fee for such permit is
ten d^s ($10). They "may be p.cured from the Depirtment
of Crown L»nds at Quebec.

lessees of fishing rights from the Crown do not require such
permiubut not mo^ than two ,«rsons are exempt under any

lease.

le
rs
to
is
nt

ch