| 61sr Coneruss, | HOUSE OF REPRESENTATIVES. { Document 2d Session. No. 638. -_ PROTECTION AND PRESERVATION OF FOOD FISHES IN INTER- NATIONAL BOUNDARY WATERS OF THE UNITED STATES AND CANADA. ; MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, TRANSMITTING A REPORT BY THE SECRETARY OF STATE SUBMITTING A SYSTEM OF UNIFORM AND COMMON INTERNATIONAL REGULATIONS FOR THE PROTECTION AND PRESERVATION OF THE FOOD FISHES IN INTERNATIONAL BOUNDARY WATERS OF THE UNITED STATES AND CANADA, WHICH HAVE BEEN PREPARED BY THE INTER- NATIONAL FISHERIES COMMISSION. ; FEBRUARY 2, 1910.—Read: referred to the Committee on Foreign Affairs and ordered to be printed. To the Senate and House of Representatives: I transmit herewith a report by the Secretary of State submitting “A system of uniform and common international regulations for the protection and preservation of the food fishes in international bound- ary waters of the United States and Canada,” which have been “ pre- pared by the International Fisheries Commission pursuant to and under the authority of the convention of April 11, 1908, between the United States and Great Britain.” The regulations are submitted to the Congress in order that due legislative action on the part of the Government of the United Stafes may be taken as stipulated for in article 3 of the convention. Wo. H. Tart. Tue WuitE House, February 2, 1910. JANUARY 31, 1910. The PRESIDENT: I have the honor to transmit herewith ‘‘A system of uniform and common international regulations for the protection and preservation of the food fishes in international boundary waters of the United States and Canada,” which have been ‘‘prepared by the International 2 PROTECTION AND PRESERVATION OF FOOD FISHES. Fisheries Commission pursuant to and under the authority of the con- vention of April 11, 1908, between the United States and Great Britain.” | That treaty provides, in effect (Art. I), that fishing seasons and methods in the boundary waters as defined (Art. IV), and the nets and appliances to be used therein, should be determined by uniform international regulations; that these regulations (Art. IT) should con- stitute a uniform system for the preservation of food fishes im such waters, and should embrace close seasons, limitations as to the size, etc., of nets and other appliances; a uniform system of registry by each government for the regulation of commercial fishing within its own territorial waters; and an arrangement for concurrent measures for the propagation of fish. Ariss TKI provides: The two governments engage to put into operation and to enforce by legislation and executive action, with as little delay as possible, the regulations, restrictions, and provisions with appropriate penalties for all breaches thereof; and the date when they shall be put into operation shall be fixed by the concurrent proclamations of the President of the United States and the governor-general of the Dominion of Canada in council. Article VI provides for the duration, renewal, and termination of the regulations, which may be amended at any time under the pro- vision of that article, that— It shall, however, be in the power of the two governments, by joint or concurrent action, upon the recommendation of the commission, to make modifications at any time in the regulations. The regulations now transmitted have been lodged with this depart- ment by the International Fisheries Commission appointed under this treaty, and consisting of David Starr Jordan on the part of the United States and Edward Ernest Prince on the part of the Dominion of Canada; and it is appropriate that they should now be transmitted by you to the Congress in order that due legislative action on the part of this Government, stipulated for by Article LI of the treaty, may be taken. With the regulations I have the honor to transmit a copy of a letter from Professor Jordan, stating the action taken by the com- mission since the report was signed and making certain suggestions in respect to the date of taking effect of the regulations, a federal patrol system, legislation to cover violations of the regulations, with a draft of a proposed act showing the provisions which he considers essential, and to recommending the redefinition and extension of certain boundary and territorial waters embraced in the treaty. Ktespectfully submitted. P. C. Kayex. A System oF UNIFORM AND COMMON INTERNATIONAL REGULATIONS FOR THE PROTECTION AND PRESERVATION OF THE Foop FIsHEs IN INTERNATIONAL BouNDARY WATERS OF THE UNITED STATES AND CANADA. (Prepared by the International Fisheries Commission pursuant to and under the authori vention of April 11, 1908, between the United States and Great Britain lie tae The following regulations, prepared by the International Fisheries Commission pursuant to and under the authority of a convention concluded by and between the United States of America and His MAR 4. iio Ay a) gf A \ ec ey Ii fy PROTECTION AND PRESERVATION OF FOOD FISHES. 3 Majesty Edward the Seventh, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, and Emperor of India, dated the 11th day of April, 1908, shall constitute a system of uniform and common international regula- tions for the protection and preservation of the food fishes in each of the waters prescribed in Article IV of said convention, to wit: (1) The territorial waters of Passamaquoddy Bay; (2) the St. John and St. Croix rivers; (3) Lake Memphremagog; (4) Lake Champlain; (5) the St. Lawrence River, where the said river constitutes the interna- tional boundary; (6) Lake Ontario; (7) the Niagara River; (8) Lake Erie; (9) the waters connecting Lake Krie and Lake Huron, including Lake St. Clair; (10) Lake Huron, excluding Georgian Bay, but includ- ing North Channel; (11) St. Mary’s River and Lake Superior; (12) Rainy River and Rainy Lake; (13) Lake of the Woods; (14) the Strait of Juan de Fuca, those parts of Washington Sound, the Gulf of Georgia, and Puget Sound lying between the parallels of 48° 10’ and 49° 20’; (15) and such other contiguous waters as may be recom- mended by the International Fisheries Commission and approved by the two Governments. Part I.—REGULATIONS. 1. Application of regulations. These regulations are to be applied within and throughout the above-named waters, hereinafter called “treaty waters,” provided that certain regulations ate to be applied only within certain of said waters, as hereinafter specifically indicated, and provided also that no regulation shall apply to the St. John River unless such river is specially mentioned in such regulation. It is understood by the International Fisheries Commission that all statutes and laws relat- ing to the protection and preservation of the fisheries in the treaty waters lawfully passed, or that hereafter may be lawfully passed, in the United States or in the Dominion of Canada, shall have full validity in so far as the said statutes and laws are not in conflict with these regulations, and that these regulations shall not be con- strued as permitting fishing at any times or places or by any methods or appliances prohibited by such laws. 2. Definitions. In these regulations the following definitions are adopted to apply to the words in question, wherever the same shall be used: Berried lobster —A female lobster carrying eggs. Black bass.—This term includes both the small-mouthed black bass ( Micropterus dolomieu), called achigan in Quebec, and the large-mouthed black bass, called Oswego bass or green bass ( Micropterus salmoides). Brook trout.—The American char, also called speckled trout (Salvelinus fontinalis). Calico bass.—Pomozxis sparoides. P Carapace.—The large or body shell of a lobster, exclusive of the abdomen or so-called tail. Carp.—Cyprinus carpio. Channel catfish —Ictalurus punctatus. Close season.—A period in which fishes may not legally be taken. Coarse fish.—Suckers and other fish of little value as food for man. Commercial fishing; fishing for commercial purposes.—All fishing carried on not for sport, or for personal use, or for propagation, or for scientific purposes. Crib.—The pot or most completely inclosed portion of a pound or trap net. Eel.— Anguilla rostrata. ‘ 4 PROTECTION AND PRESERVATION OF FOOD. FISHES. Extension measure—The measure of the mesh of a net along the greatest length to which the diagonally opposite corners can be drawn apart. . Fish wheel.—A device for the capture of salmon by means ol a revolving wheel. Fry.—Very young fish, of the first year after hatching. Fyke net.—A net with hoops, made in various forms. Gaff—A pointed iron hook at the end of a pole. Gill net.—A net suspended in the water in which fishes are caught by the head being thrust through the mesh. Grayling. — Thymallus signifer. Heart.—A partly inclosed portion of a pound net. Herring. —Clupea harengus. Jigger —A recurved hook of netting attached to a pound net. Lake catfish —Ictalurus lacustris. Lake trout.—Cristivomer namaycush, called Mackinaw trout, longe, togue, gray trout or laker. Leader —The portion of a stationary net extending toward the shore, as a barrier of netting. Length RiRab The ap measured from the tip of the snout to the tip of the tail. Lobster —Homarus americanus. Lobster trap.—Lobster pot, a device for the capture of lobsters. Maskinongé.—Lucius maskinongy, the black spotted pike or muskallunge. Minnow.—Any small fish of the family of Cyprinide. Open season.—A period in which fishes may legally be taken. Person.—This term as used in these regulations shall include person or persons, firm, partnership, or corporation. Pound net.—A net attached to stakes or piles, composed of a long leader running from the shore, a heart or partly inclosed portion, and a final, more perfectly inclosed portion, open at the top, called crib, car, or pot, to which is sometimes added one or more inclosures called “spillers.’’ On the Pacific coast a pound net is often called locally a “‘trap.”’ ' 5 Purse net.—A seine that can be so operated as to form a purse or bag, closed at the ottom. ; Salmon.—This term includes the Atlantic salmon (Salmo salar), the landlocked salmon (Salmo sebago), the red salmon, called blueback or sockeye (Oncorhynchus nerka); the chinook salmon, called quinnat, tyee, king salmon, or spring salmon (Oncorhynchus tschawytscha); the silver salmon, called coho (Oncorhynchus kisutch); the humpback salmon, called pink salmon (Oncorhynchus gorbuscha); and the dog salmon, called chum or calico salmon (Oncorhynchus keta). Seine.—An encircling fish net which may be drawn to the shore or which may be closed about a body of swimming fish. Sauger.—Stizostedion canadense. Steelhead or steelhead trout:—Salmo irideus rivularis. Sturgeon.—This term includes Acipenser sturio, the Atlantic sturgeon; Acipenser brevirostrum, the short-nosed sturgeon; Acipenser rubicundus, the sturgeon of the Great Lakes; Acipenser transmontanus, the white sturgeon of the Pacific; and Aci- penser medirostris, the green sturgeon of the Pacific. Sucker.—Catostomus commersoni, Catostomus catostomus, and other species of the family Catostomidz. Trap net.—As used in the Great Lakes, a net similar in construction to a pound net but with the terminal chamber or pot closed at the top and bottom. ; i Pian waters.—The waters mentioned in Article IV of the said convention of April : 5 Weir.—A fixed enclosure, usually constructed of stakes with wattled brush between White bass.—Roccus chrysops. ; Whitefish—This term includes the Lake Superior or Labrador whitefish (Core- gonus clupeiformis) and the Lake Erie whitefish (Coregonus albus). It does not include the Menominee whitefish, called round fish or pilot fish (Coregonus quadri- erect ike 0 ellow pike.—The yellow pike perch, also called wall-ey i ; i and doré gesbueeilton witreuty. 7 albeyed pike, yellow aa 3. Disposition of prohibited catch. In case any fish is unintentionally captured contrary to the pro- | hibitions or restrictions contained in any of the following regula- tions, such fish shall, if possible, be immediately returned alive and uninjured to the water. ) ) PROTECTION AND PRESERVATION OF FOOD FISHES. | 5 4. Dynamite, poisonous substances, etc. No person shall place or use quicklime, dynamite, explosive or poisonous substances, or electric device in treaty waters for the pur- pose of capturing or killing fish. 5. Pollution of waters. No person shall place or pass, or allow to pass, into treaty waters any substance offensive to fishes, injurious to fish life, or destructive to fish fry or to the food of fishes or of fish fry, unless permitted so to do under any law passed by the legislative authority having jurisdiction. é No person shall deposit dead fish, fish offal, or gurry in treaty waters, or on ice formed thereon, except in gurry grounds estab- lished by the duly constituted authorities. 6. Capture of fishes for propagation or for scientific purposes. Nothing contained in these regulations shall prohibit or mterfere with the taking of any fishes at any time for propagation or hatchery purposes, and obtaining at any time or by any method specimens of fishes for scientific purposes under authority granted for Canadian treaty waters by the duly constituted authorities in Canada and for United States treaty waters by the duly constituted authorities in the United States. 7. Minnow seines and landing nets. Nothing contained in these regulations shall prohibit the use of small seines of fine mesh, not more than 50 feet in length, for the cap- ture of minnows as bait in waters other than spawning grounds of black bass, or prohibit the use of small landing nets for the purpose of securing fishes taken on the hook. 8. Close season for black bass. From March 15 to June 15 in each year, both days inclusive, no black bass shall be fished for, killed, or captured in treaty waters, unless it is otherwise provided by these regulations or by a law passed by the legislative authority having jurisdiction. 9. Protection of spawning grounds of black bass. No nets of any kind shall be used on spawning grounds of black bass in treaty waters. 10. Nets under the ice prohibited. No net shall be drawn, set, placed, or maintained under the ice in treaty waters. 11. Commercial fishing for certain game fishes prohibited. No black bass, brook trout, landlocked salmon, or maskinongé shall be fished for, killed, or captured for commercial purposes in treaty waters. 6 PROTECTION AND PRESERVATION OF FOOD FISHES, 12. Capture of immature salmon prohibited. No salmon or steelhead of less than three pounds in weight shall be fished for, killed, or captured in treaty waters. 13. Salmon weirs, etc., above tidal limits prohibited. No salmon and no steelhead shall be fished for, killed, or cap- tured by means of a net of any sort, any weir or any fish wheel, above tidal limits in any river in treaty waters. 14. Close season for sturgeon. During the term of four years next following the date of the pro- mulgation of these regulations no sturgeon shall be fished for, killed, or captured in treaty waters. 15. Capture of fish for fertilizer or oil prohibited. Fishes useful for human food shall not be fished for, killed, or cap- tured in treaty waters for use in the manufacture of fertilizer, or of oil other than oil for food or medicinal purposes. 16. Naked hooks and spears prohibited. No spear, grappling hook, or naked hook, and no artificial bait with more than three hooks, or more than one burr of three hooks attached thereto, shall be used for the capture of fish in treaty waters. This regulation ‘shall not prohibit the use of a gaff in hook-and-line fishing. 17. Torching prohibited. No torch, flambeau, or other artificial light shall be used as a lure for fish in treaty waters. TERRITORIAL WATERS OF PASSAMAQUODDY BAY. The following regulations (18 to 25, inclusive) shall apply to the territorial waters of Passamaquoddy Bay: 18. Protection of spawning grounds. From July 16 to October 15, in each year, both days inclusive, no herring shall be fished for, killed, or captured on any of the recognized spawning grounds for herring, and no weir, net, or other fishing appa- ratus or gear for catching herring shall be used or operated on said spawning grounds. 19. Weirs and seines. No weir or fixed apparatus for the capture of fish shall be placed at a distance of less than 1,000 feet along the shore from any other weir or fixed apparatus. No net shall be placed, set, or operated within 500 feet of the mouth of any weir, without the consent of the weir owner. Wherever in these treaty waters the use of seines is or may be permitted by law, no seine shall be drawn to the shore, but all fish taken in such nets shall be bailed or dipped from the water. PROTECTION AND PRESERVATION OF FOOD FISHES. 7 20. Close season for salmon. From August 15 in each year to March 1 next succeeding, both days inclusive, no salmon shall be fished for, killed, or captured in these treaty waters. 21. Purse nets prohibited. No purse net shall be used in these treaty waters. 22. Legal size for lobsters. ‘ No lobster of which the carapace is less than 4? inches in length shall berfished for, killed, or captured in these treaty waters. 23. Berried lobsters. No berried lobster shall be fished for, killed, or captured in these treaty waters. 24. Lobster traps. No lobster trap or other apparatus for the capture of lobsters shall be placed in these treaty waters within 300 feet of the mouth of any weir or stationary salmon net, or in water of a less depth than 2 fathoms at low tide. 25. Close season for lobsters. From May 6 to December 6 in each year, both days inclusive, no lobster shall be fished for, killed, or captured in these treaty waters. ST. CROIX RIVER. The following regulations (26 to 28, inclusive) shall apply to St. Croix River: . 26. Nets wn St. Crorx River. In the tidal waters of the St. Croix River no weir or fixed apparatus for the catching of fish shall be placed at a distance of less than 1,000 feet along the shore from any other weir or fixed apparatus. No seine or other net shall be placed or set within 500 feet of the mouth of any weir, without the consent of the weir owner. Wherever in these treaty waters the use of seines is or may be per- mitted by law, no seine shall be drawn to the shore, but all fish taken in such seine shall be bailed or dipped from the water. 27. Close season for salmon. From August 15 in each year to February 1 next succeeding, both days inclusive, no salmon shall be fished for, killed, or cap- tured in these treaty waters above tidal limits. 28. Weekly close season for salmon. From April 1 to July 15 in each year, both days inclusive, there shall be a weekly close season of forty-eight hours from 6 o’clock 8 PROTECTION AND PRESERVATION OF FOOD FISHES. on each Saturday morning to 6 o’clock on the following Monday morning, during which no salmon shall be fished for, killed, or captured in the tidal waters of the St. Croix River. uring this weekly close season all weirs or other fixed apparatus used for the capture of salmon shall be so raised, closed, or adapted as to admit of the free passage of fish through or by or out of such weirs or other fixed apparatus. LAKE MEMPHREMAGOG. The following regulations (29 to 30, inclusive) shall apply to the waters of Lake Memphremagog: 29. Net fishing prohibited. No net shall be used for the capture of fish in these treaty waters 30. Close season for black bass. From November 1 in each year to June 15 next succeeding, both days inclusive, no black bass shall be fished for, killed, or captured in these treaty waters. LAKE CHAMPLAIN. The following regulations (31 to 33, inclusive) shall apply to the waters of Lake Champlain: . 31. Close season for black bass. From November 1 in each year to June 15 next succeeding, both days inclusive, no black bass shall be fished for, killed, or captured in these treaty waters. 32. Net fishing in Lake Champlain. No net shall be used for the capture of fish in Lake Champlain, within a radius of 1 mile of the mouth of any river flowing into the ake. 33. Close season for yellow pike. From April 15 to May 15 in each year, both days inclusive, no yellow pike or doré shall be fished for, killed, or captured in these treaty waters. THE GREAT LAKES SYSTEM. The following regulations (34 to 52, inclusive) shall apply to the following waters, to wit: St. Lawrence River, where the said river constitutes the international boundary; Lake Ontario; the Niagara River; Lake Erie; the waters connecting Lake Erie and Lake Huron including Lake St. Clair; Lake Huron, excluding Georgian Bay but including North Channel; St. Marys River and Lake Superior. 34. Weight limit for whitefish. No whitefish of less than 2 pounds weight shall be fished for, killed or captured in these treaty waters. : PROTECTION AND PRESERVATION OF FOOD FISHES. 9 35. Weight limit for lake trout. No lake trout of less than 2 pounds weight shall be fished for, killed, or captured in these treaty waters. 36. Size limit for yellow pike. No yellow pike or doré of less than 13 inches in length shall be fished for, killed, or captured in these treaty waters. 87. Size limit for sauger, calico bass, and white bass. No sauger, calico bass, or white bass of less than 10 inches in length shall be fished for, killed, or captured in these treaty waters. 38. Size limit for catfish. No lake catfish or channel catfish of less than 16 inches in length shall be fished for, killed, or captured in these treaty waters. 39. Game fish. No black bass, brook trout, or maskinongé shall be taken in these treaty waters, by any means whatsoever, except a rod and line or hand line, or a trolling line with spoon hook attached; and in no case shall the line so used bear more than three hooks. The fishing for, killing, or capturing of any species of trout, sal- mon, or grayling introduced or which may hereafter be introduced into these treaty waters shall be subject to the same regulations as apply to the fishing for, killing, or capturing of brook trout. No fish of the species mentioned in this regulation shall be fished for, killed, or captured through or beneath the ice in these treaty waters. 40. Size limat for brook trout. No brook trout of less than 7 inches in length shall be fished for, killed, or captured in these treaty waters. 41. Size limat for black bass. No black bass of less than 10 inches in length shall be fished for, killed, or captured in these treaty waters. 42. Size mat for maskinongé. No maskinongé of less than 24 inches in length shall be fished for, killed, or captured in these treaty waters. 43. Lamat to daily catch of black bass. Not more than 10 black bass shall be captured in one day by any one person, nor more than 20 by the occupants of a single boat, in these treaty waters. 10 PROTECTION AND PRESERVATION OF FOOD FISHES. 44. Nets in rivers prohibited. No nets of any sort shall be used for commercial fishing in St. Marys River, in St. Clair River, in Detroit River, in Niagara River, or in St. Lawrence River, where said river constitutes the interna- tional boundary. 45. Net fishing along the boundary line in Lake Erie prohibited. No fishing with nets shall be permitted in. Lake Erie within one- half mile of the international boundary. 46. Construction of pound nets. No pound net shall be set within these treaty waters unless so con- structed as to have in the middle of the back of the crib, reaching from the top to the bottom thereof, a vertical strip of netting, which shall hang squarely, the width of which strip shall not be less than one-half the width of the back of the crib, and the mesh of which shall not be less than 2% inches, extension measure, as actually used in fishing. In those waters lying to the northward of a line drawn from Cape Hurd, in the Province of Ontario, to Thunder Bay Light, in the State of Michigan, such vertical strip shall have a mesh of not less than 3} inches, extension measure, as actually used in fishing. The above restrictions shall take effect January 1, 1911. No web of fine mesh (locally called an apron), or any other device which may reduce the means of escape of small fishes through the meshes, shall be used in the crib of a pound net in these treaty waters. 47. Location of pound nets. The leader of a pound net shall be made visible; there shall be a gap of at least 50 feet open and clear to the bottom between one pound net and the next of the series when set in linear order, and there shall be a lateral passageway or distance of not less than 1,000 feet between one series of pound nets and the next on either side. Not more than seven pound nets belonging to one person shall be set in a linear series. ain No part of this regulation shall be so construed as to interfere with recognized proprietary rights. 48. Trap nets prohibited. No concealed movable trap net shall be used in these treaty waters. On and after January 1, 1912, no trap net of any kind shall be used for the capture of fish in these treaty waters. — 49. Mesh of nets. No gill net or other movable net of less than 4? inches mesh, ex- tension measure, as actually used in fishing, shall be drawn, set, placed, or maintained for whitefish or lake trout in these treaty waters. No gill net or other movable net of less than 31 inches mesh, ex- tension measure, as actually used in fishing, shall be drawn, set, PROTECTION AND PRESERVATION OF FOOD FISHES. 11 placed, or maintained in Lake Erie, or of less than 24 inches mesh in Lake Huron, Lake Superior, and Lake Ontario, for fish other than whitefish or lake trout. The above restrictions shall take effect on and after January 1, 1911. No gill net shall be drawn, set, placed, or maintained within one- half mile of any pound net in these treaty waters. 50. Amount of netting. Not more than 30,000 yards of netting, linear measure, shall be set in these treaty waters at one time by one tug, and not more than 8,000 yards by one sailboat, except in the waters of Lake Huron and Lake Superior, where not more than 60,000 yards shall be set by one tug, and not more than 18,000 yards shall be set by one sailboat. 51. Nets for coarse fish. Nothing contained in these regulations shall prohibit the use of seines, fyke nets, or other nets, exclusively for the capture of carp, eels, and coarse fish. When fyke nets are used for such purpose the wings and leaders shall not extend more than 10 feet from the en- trance. 52. Nets in Lake St. Clarr. No gill net shall be used in Lake St. Clair, and no pound net shall be set, placed, or maintained to the northeastward of a line con- necting the south side of the mouth of the Thames River in Ontario with the south side of the mouth of the Clinton River in Michigan. LAKE OF THE WOODS, RAINY LAKE, AND RAINY RIVER. The following regulations (53 to 61, inclusive) shall apply to the Lake of the Woods, Rainy Lake, and Rainy River: 53. Weight limit for whitefish. No whitefish of less than 2 pounds weight shall be fished for, killed, or captured in these treaty waters. 54. Weight limit for lake trout. No lake trout of less than 2 pounds weight shall be fished for, killed, or captured in these treaty waters. 55. Size limit for yellow pike. No yellow pike of less than 13 inches in length shall be fished for, killed, or captured in these treaty waters. 56. Nets in Rainy Rwer prohibited. No nets shall be used for commercial fishing in Rainy River. 12 PROTECTION AND PRESERVATION OF FOOD FISHES. 57. Restriction of nets in Lake of the Woods and Rainy Lake. No net shall be drawn, set, placed, or maintained in these treaty waters within a radius of one-half mile from the mouth of any river flowing into Rainy Lake or Lake of the Woods, and no net shall extend more than one-third the distance across any bay or channel constituting a part of such waters. 58. Pound nets. On and after January 1, 1911, all pound nets shall be so constructed as to have in the middle of the back of the crib, reaching from the top to the bottom thereof, a vertical strip of netting which strip shall hang squarely, the width of which strip shall not be less than one-half the width of the back of the crib and the mesh of which shall not be less than 34 inches, extension measure, as actually used in fishing. i The leader of a pound net shall be made visible, and there shall be a gap of at least 50 feet open and clear to the bottom between one pound net and the next of the series when set in linear order. There shall be a lateral distance or passageway of not less than 1,000 feet between one series of pound nets and the next on either side. 59. Trap nets prohibited. No trap nets shall be used for the capture of fish in these treaty waters. 60. Mesh or gill nets. On and after January 1, 1911, no gill net of less than 5 inches mesh, extension measure, as actually used in fishing, shall be set for whitefish or lake trout in these treaty waters. On and after January 1, 1911, no gill net of less than 4 inches mesh, extension measure, as actually used in fishing, shall be set for fish of species other than whitefish and lake trout in these treaty waters. No gill net shall be set within one-fourth of a mile of any pound net. 61. Close season in Lake of the Woods and Rainy Lake. _ From October 16 to November 30 in each year, both days inclu- sive, no net shall be drawn, set, placed, or maintained for commer- cial fishing in Lake of the Woods or in Rainy Lake. STRAIT OF JUAN DE FUCA AND ADJACENT WATERS. The following regulations (62 to 66, inclusive) shall apply to the Strait of Juan de Fuca, those parts of Washington Sound, the Gulf of Georgia, and Puget Sound lying between the parallels of 48° 10’ and 49° 20’ north latitude: 62. Close season for salmon. From August 25 to September 15 in each year, both days inclusive, no salmon or steelhead shall be fished for, killed, or captured for commercial purposes in these treaty waters; provided, however, that PROTECTION AND PRESERVATION OF FOOD FISHES. 13 in the waters to the westward of a line drawn southward from Gon- zales Point to the shore of the State of Washington silver salmon, or coho salmon, may be fished for, killed, or captured from September 1 to September 15 in each year, both days inclusive. 63. Weekly close season for salmon and steelhead. From 6 o’clock Saturday morning to 6 o’clock on the Monday morning next succeeding, no salmon or steelhead shall be fished for, killed, or captured in these treaty waters. It is, however, provided that in the waters to the westward of a line drawn southward from Gonzales Point to the shore of the State of Washington the weekly close season shall begin twelve hours earlier, and shall end twelve hours earlier. 64. Construction of pound nets. All pound nets or other stationary appliances for the capture of salmon or steelhead shall be so constructed that no fish whatever shall be taken during the weekly close season. The erection or addition to the pound net of a jigger is prohibited. 65. Location of pound nets. All pound nets shall be limited to a length of 2,500 feet, with an end passageway of at least 600 feet between one pound net and the next in a linear series, such distance being measured in continuation of the line of direction of the leader of such net, and a lateral passage- way of at least 2,400 feet between one pound net and the next. On and after January 1, 1911, the mesh in pound nets shall be 4 inches in extension in the leader and not less than 3 imches in other parts of the net. 66. Nets other than pound nets. No purse net shall be used within 3 miles of the mouth of any river and no seine within 1 mile of the mouth of any river in these treaty waters. No gill net of more than 900 feet in length or of a greater depth than 60 meshes shall be used in these treaty waters. Part II.—RECOMMENDATIONS. 1. Investigation of food fishes. It is recommended that the natural history and habits of each of the leading species of food fishes in the treaty waters be made the subject of careful and continuous study, with a view to increasing the fishery products to the highest possible degree and of obtaining more satisfactory evidence upon points now under discussion, espe- cially those relating to close and open seasons. The commissioners have in some cases found much divergence of opinion among those engaged in the fisheries. For this reason they have thought it better to refrain from making certain proposed fishery regulations rather than to risk improperly or unnecessarily restricting the fishing in- dustries. ¢ 14 PROTECTION AND PRESERVATION OF FOOD FISHES. 2. Food fishes suitable for artificial propagation in treaty waters. It is recommended that the artificial propagation of the various species of food fishes in the treaty waters be continued by both countries, and developed to the fullest possible extent and with the highest possible degree of efficiency, this work being regarded as of vital moment to the preservation and maintenance of the most valu- able species of fishes. The following species have high importance in this regard, so far as treaty waters are concerned: Lake Superior whitefish (Coregonus clupeiformis). Lake Erie whitefish (Coregonus albus). Sockeye, blueback, or red salmon (Oncorhynchus nerka) . Chinook, spring salmon, king, or quinnat salmon (Oncorhynchus tschawytscha) . Coho or silver salmon (Oncorhynchus kisutch). Humpback salmon (Oncorhynchus gorbuscha). Atlantic salmon (Salmo salar). Landlocked salmon (Salmo sebago). Lake Erie Cisco, called jumbo herring (Argyrosomus eriensis). Lake trout, called Mackinaw trout, longe, togue, or gray trout (Cristivomer namaycush). Yellow pike, wall-eye, or doré (Stizostedion vitreum). Brook trout, or speckled trout or char (Salvelinus fontinals). Brown trout, or river trout of Europe (Salmo fario). Steelhead trout (Salmo irideus rivularis). Rainbow trout (Salmo irideus shasta). Cisco, called lake herring (Argyrosomus artedi). Lobster (Homarus americanus). It is further urged that the hatching and propagation of food fishes is an art based on scientific knowledge. It is therefore essential to make the position of the otlicer in charge of a hatchery, through ade- quate salary and other means, attractive to men who have been prop- erly trained in the work, and who have the scientific acquirements necessary for success. 3. Violation of international regulations. It is recommended that any violation of the fishery regulations governing the fishing in treaty waters on the part of a Canadian sub- ject or a person resident in Canada, or under the jurisdiction of its courts, shall constitute an offense, punishable by fine or imprison- ment, or both, as provided by the fisheries act, chapter 45, Revised Statutes of Canada, 1906, and of the regulations under the said act. It is recommended that any violation of the fishery regulations governing fishing in treaty waters on the part of a citizen of the United States, or person resident in the United States, or under the juris- diction of its courts, shall constitute an offense punishable by fine or imprisonment, or both, no fine imposed for such violation to exceed $1,000, and no imprisonment for a period greater than one year. 4. Enforcement of regulations. _It is recommended that the enforcement of all laws and regula- tions governing fishing in treaty waters be intrusted to the inspectors and other officers in the Dominion of Canada under the department PROTECTION AND PRESERVATION OF FOOD FISHES. 15 of marine and fisheries, and in the United States to a staff of in- spectors and other officers to be organized under the Bureau of Fisheries of the Department of Commerce and Labor of the United States. 9. International license system. It is recommended that in the early future the Dominion of Canada and the United States shall adopt a concurrent and uniform system of licenses for fishing in treaty waters. 6. Extension of area to be covered by international regulations. It is recommended that the regulations applying to the territorial waters of Passamaquoddy Bay be extended to include the tidal waters of Charlotte County, New Brunswick, and of Washington County, Me., together with the waters adjacent to the islands of Charlotte County, New Brunswick, and the waters adjacent to the islands of Washington County, Me. It is further recommended that the regulations applying to the Lake of the Woods, Rainy River, and Rainy Lake be extended to the other lakes and rivers traversed by the boundary line between the Province of Ontario and the State of Minnesota. 7. Disposal of fish taken in contravention of the regulations. It is recommended that fishermen who may unintentionally cap- ture fish of species which can not be returned alive and uninjured to the water, in contravention of any of the foregoing regulations, shall, wherever possible, send such fish to the nearest inspector or other fishery official, to be forwarded to some hospital or charitable insti- tution. Dated at the city of Washington this 29th day of May in the year of our Lord 1909. Davip STaRR JORDAN, International Fisheries Commissioner. Epwarp ERNEsT PRINCE, International Fishery Commissioner. INDIANAPOLIS, IND., November 26, 1909. Srr: Permit me to make the following brief report of the actions of the International Fisheries Commission since May 31, 1909, at which date the commission placed in the hands of the Secretary of State its proposed fishery regulations, 66 in number, in pursuance of the treaty under which the commission was appointed. These bear the caption ‘A system of uniform and common international regu- lations for the protection and preservation of the food fishes in international boundary waters of the United States and Canada; prepared by the International Fisheries Commission, pursuant to and under the authority of the convention of April 11, 1908, between the United States and Great Britain.”’ Since signing this report the two commissioners have again visited, together or separately, nearly every fishing port along the boundary 16 PROTECTION AND PRESERVATION OF FOOD FISHES. from Toronto to Vancouver Island, and a representative of the com- mission, Dr. B. W. Evermann, of the United States Bureau of Fish- eries, has visited those of Maine and New Brunswick. A formal meeting of the commission was held November 18 and 19, 1909, in New York. At this meeting were also present Mr. Chandler P. Anderson, of the Department of State; Mr. Francis H. Gisborne, attorney of the council of Canada; and Doctor Evermann. It was agreed that no amendments shall be proposed at the present time and that the system of regulations as presented on May 31, 1909, shall be allowed to take their course. As to these regulations, I ask you to pardon me certain suggestions which lie outside of my official authority, but which may be of pos- sible service to yourself. DATE OF TAKING EFFECT. In my judgment the regulations should take effect on January 1, 1911. The fishermen should have a season in which to use up the twine they now have. The change should not take place in the midst of the fishing season. There is practically no fishing in bound- ary waters in December, January, and February. FEDERAL PATROL SYSTEM. In Article ITI of the treaty of April 11, 1908, ‘‘the two governments engage to put into operation and to enforce by legislation’ these fishery regulations. I do not see how this can be done without a national system of patrol along the boundary waters in addition to that maintained by the several States for the enforcement of their own statutes. Such a national system is now in operation in Canada. Besides a complete staff of ‘‘guardians”’ and ‘‘overseers,’’ Canada has a patrol steamer in Passamaquoddy Bay, one in Lake Ontario, one in Lake Erie, and three in Puget Sound. On the United States side, Pennsylvania and Ohio have each a patrol steamer in Lake Erie much smaller than the Canadian vessel. The other States, so far as known to me, have only an occasional gasoline launch. With upward of 2,500 square miles of fishing territory, the State of Washington has no patrol vessels, and so far as I know but a single gasoline launch. The present statutes are fairly well enforced in most of the eastern bound- ary States, notably so in Ohio and Pennsylvania. In Washington they are not adequately enforced. It is claimed that in the current season the fishermen of Washington caught by encroachment on the close season salmon to the value of upward of $600,000, to which they were not entitled. Part of these should have been taken in British Columbia waters. The others should have escaped up Fraser River to the spawning grounds. In Canada, throughout the boundary waters, the statutes now in effect are rigidly enforced. It does not even occur to any one to violate them. The real need of the boundary situation is less that of stringent legislation than of equal enforcement of law on either side. [I see no way to accomplish this ae by a federal patrol, corresponding to the dominion patrol of anada. PROTECTION AND PRESERVATION OF FOOD FISHES. LY As to the details of such a patrol, Doctor Evermann of the Bureau of Fisheries has made a special study of the matter and the Bureau of Fisheries is prepared, if desired, to furnish the text of a bill makin appropriation for such purpose. I may further add that Doctor Evermann is fully cognizant of all the details in these regulations and is prepared to answer any questions which may be asked by Congress or by the Department of State. Meanwhile I append (Appendix A) a rough draft of what I conceive should be provided. PENALTY CLAUSE. A penalty clause must be added to the regulations. This may be drawn broadly, leaving much to the discretion of the court. The following has been suggested by the International Fisheries Commis- sion (recommendation 3, p. 13): It is recommended that any violation of the fishery regulations governing fishing in treaty waters on the part of a citizen of the United States, or person resident in the United States or under the jurisdiction of its courts, shall constitute an offense punishable by fine or imprisonment or both, no fine imposed ‘for such violation to exceed $1,000 and no imprisonment for a period greater than one year. FISHES ILLEGALLY TAKEN. It is the experience of Canada as well as in our States generally that it is necessary to have a statute creating a misdemeanor in case one shall buy, sell, offer for sale, hold in possession for purposes of sale or for preservation as food, any fish ficou taken or below the legal size. The International Fisheries Commission thought that such a clause should have formed one of their regulations, but it was with- drawn as probably not within their authority. PASSAMAQUODDY BAY. I would also call especial attention to recommendation 6, “ Passa- maquoddy Bay,” for example. does not, as indicated on the maps, include all the boundary waters between Maine and New Brunswick. I am, very respectfully, yours, Davip STARR JORDAN, International Fisheries Commission, Stanford University, Califorma. Hon. PHitanpDER C. Knox, Secretary of State, Washington, D. C. APPENDIX A. SUGGESTED FORM OF AN ACT. AN ACT To give effect to the provisions of a treaty between the United States and Great Britain con- cerning the fisheries in waters contiguous to the United States and the Dominion of Canada, signed at Washington on April 1, 1908, and ratified by the United States Senate April 13, 1908. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and aiter the passage of this act the regulation and control of the fisheries on the United States side of the waters contiguous to the United States and the Dominion of Canada shall be exercised by the United States Govern-~ ment. H. Doc. 638, 61-2——2 18 PROTECTION AND PRESERVATION OF FOOD FISHES, That the system of uniform and common international regulations for the protection and preservation of the food fishes in each of the waters prescribed in article four of said convention, as prepared by the International Fisheries Commission appointed under the terms of said convention, and as signed on May twenty-ninth, nineteen hundred and nine, is hereby received and approved. That the administration of these international regulations is hereby placed with the United States Bureau of Fisheries of the Department of Commerce and Labor. That there shall be established in the Bureau of Fisheries a system of inspectors, wardens, deputy wardens, and assistants adequate for the proper enforcement of the laws and regulations governing the fisheries and fishing in international waters, each and any of whom shall have power to seize without warrant fishing gear, boats, or other apparatus which is being illegally used, and to make arrests without warrant; and the amount necessary for the enforcement of the said laws and regulations shall be estimated for annually by the Secretary of Commerce and Labor and appropriated for, including salaries and expenses of the inspectors, wardens, deputy wardens, and assistants herein authorized, all of whom shall be appointed by the Secretary of Com- merce and Labor in accordance with civil-service regulations as follows: - One deputy international fisheries commissioner who shall have general charge, under the Commissioner of Fisheries, of the enforcement of the international fisheries laws and regulations, represent the United States in any suit concerning any supposed violation of such laws and regulations, conduct investigations of the natural history and habits of the various species of fishes with reference to their more adequate pro- tection and propagation, and in general act as the duly authorized representative and deputy of the International Fisheries Commission. One secretary to the deputy international fisheries commissioner. Three inspectors, one of whom shall have charge of the fisheries of Lake Ontario and of the international boundary waters lying between or on the boundary of the States known as New England and the provinces of Nova Scotia, New Brunswick, and Quebec; this to be known as the eastern division of the treaty; one for the Great Lakes, exclusive of Lake Ontario and with the Lake of the Woods and its tributary waters; this to be known as the central division of the treaty waters; and one for the interna- tional boundary waters about Puget Sound as defined in the treaty; this to be known as the western division of the treaty waters. There shall be not fewer than seven wardens under the inspector for the eastern division, twenty-one wardens under the inspector for the central division, and five wardens under the inspector for the western division, all of whom shall devote their entire time to the service. Upon the recommendation of the inspector in charge and the international fisheries commissioner the Commissioner of Fish and Fisheries is authorized to appoint deputy wardens, not exceeding forty in all, who will devote only such portion of their time to the service as may be required. APPENDIX B. Memorandum of estimate of expenses. For the construction or purchase of 7 steam vessels, at $6,000...........- $42, 000. 00 Bor U6 easoline launchessatb250 a. eh ences eee Seana ene ee eee 4, 000. 00 PRO Bal ce oS is 2c a Mie Seal gay er ne eRe ay. 46, 000. 00 SALARIES PER YEAR. 1 deputy international fisheries commissioner........-....---.----.------ $5, 000. 00 1 secretary to the deputy international fisheries commissioner.......-..-- 2, 000. 00 DCD Ae Se Oe SNS apt Ge ie ote, Md eid Uae RIE oe aE RE ee cece 1, 000. 00 1c (= 9 I oy ue Eee ERIM, eg = Se SOR ere eh ey deen papers yer 900. 00 Syanels OO WOE Chir eC eS os is B BE ogee ors Jo Ghee ctedebic sascrc so ae 9, 000. 00 2 WATGENS Wabbit SU sr -ts ecreeete etree g ticles aes te reer ee da ait ie 3, 600. 00 A WATCEDS, biG se canst Ue eee ele ty ooh Sh ea erbeN olee mes aie eum oy cee 6, 000. 00 1iawardens, at wleaQU- oes aye tee. che soe eee tO eee bee ie ss sect a 21, 600. 00 B WHrdems, BC PU MOO 2% oe eee ls ol eee eee eee ee Uae 5, 000. 00 Por depnty wardens. bis, SUA eae Mae eels = ahha ae kee 6, 000. 00 Poriravel' and-othen expenses: a5 Hole cL eae eo eh fais eo 15, 000. 00 75, 100. 00 PROTECTION AND PRESERVATION OF FOOD FISHES. 19 MAINTENANCE OF VESSELS. Pen Pomme AGO! ieituic4 le 2 aay Ween Hele, hosed es L's's, Shs SUS Aa aie ie hee Beech tes $8, 400. 00 7 engineers, at $1,080..._.. Pepe Vl Mt abi) 2 AES No AE RETR aR Re A Oe 8 7, 560. 00 Of WIRAEL, Bak VPA EME 6. Bi dylan ON Gii 3 oS ORE Ra A 8 et an lee mE 5, 040. 00 TOME AN ST RE aR lek at a Ya 3, 360. 00 Fy CEU SES SS GA Seay Ar eo a oy Oa Aap a ee 5, 040. 00 SHLUCS EL MOE Qa asi Ye bea sie a Ape SS a Ae CaS 6 ea a 7, 500. 00 PeeOReWwolne tOrire Une hes.;ab SoO0s 2 230. ote ehh a oe 4, 800. 00 SD TISSUE Neg i el ase cigs UES Ato Be QO A a VR AS 1, 600. 00 ' 38, 920. 00 SUMMARY OF INITIAL EXPENSES. SAO Soh Mie FU RES) SiR 2 Bu PRS Sh eg ee a Se Cae AOC $46, 000. 00 Hor salanies (wath travel expenses). .02 0. 60 22) pale. Deke ce eelcee se oe 75, 100. 00 nT Mee TEoye wae ne "2 eA De eae Ce Ea ne oe ea 38, 920. 00 160, 020. 00 Cost of coal and other fuel not estimated. The vessels and launches would be assigned as follows: One vessel and one launch on Passamaquoddy Bay, St. Croix River, and St. Johns River; one vessel and two launches on Lake Ontario and the St. Lawrence River; one vessel and four launches on Lake Erie; one vessel and two launches on Lake St. Clair and Lake Huron; one vessel and two launches on Lake Superior; two vessels and two launches on Puget Sound; one launch on Lake Memphremagog; one launch on Lake of the Woods; one launch on Lake Champlain. The inspectors, wardens, etc., might be located as follows: Deputy international fisheries commissioner, Washington; secretary to the deputy international fisheries commissioner, Washington; inspector for the eastern division, Eastport, Me.; inspector for central division, Detroit, Mich.; inspector for the western division, Bellingham, Wash.; one warden at Eastport, Me.; one warden on Lake Memphremagog; one war- den on Lake Champlain; one warden on St. Lawrence River; three wardens on Lake Ontario and lower Niagara River; seven wardens on Lake Erie and upper Niagara River; four wardens on Lakes Huron and St. Clair; four wardens on Lake Superior; one warden on Rainy Lake and Rainy River; one warden on Lake of the Woods; five wardens on Puget Sound. The two wardens at $1,800 would be stationed one on Lake Erie the other on Puget Sound. 2) ht iti i ri H), i Aj Hl) fi i Nas my) Tt LIBRARY OF CONGRESS TT TT 1H) HH | i} iI) 02 877 584