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Though not specially charged to mako any reproscntation to the Government of Canada, on the suhjoct of the Fisheries, Mr. Howe hogs to report, for the information of Mis Honor the Administrator of the Government, that he deemed it his duty to avail himself of the opportunity oflbred by the recent Conference at Toronto, to urge the importance of giving to them adequate protection, and has the honor to submit the copy ol a Memorandum agreed to on the 21st of June. Memorandum. Mr. Howe, having called the attention of His Kxcellency and the Council to the importance and value of the Gulf Fisheries, upon which foreigners largely trespass, in violation of treaty stipulations, and Mr. Chandler having submitted a report of a select Committee of the House of Assembly of New-Brunswick, having reference to the same subject, the Government of Canada determines to co-operate with Nova-Scotia in the efficient protection of the Fisheries, by providing either a Steamer or two or more Sail- ing Vessels, to cruise in the Gulf of St. Lawrence and along the coasts of the Labrador. 1t is understood that Nova-Scotia will continue to employ at least two Vessels in the same service, and that Mr. Chandler will urge upon the Government of New-Bruns- wick, the importance of making provision for at least one Vessel, to be employed for the protection of the Fisheries in the Bay of Fundy. ' JOS. BOUDRET, P. C. JOSEPH HOWE. Toronto, June 21, 185L [The foregoing Report and Memorandum, were read and approved of in Council this ''"^" W. H. KEATING, D. C. C. Halifax, July 26, 185L] To the llonorabic James B. Iliiiacke. Deau Sir, . , . . , Agreeably to your request, I submit for your consideration, mf remarks respecting the Fisheries in the British Colonies. From the first of July to the latter part of August, the American fishermen seldom resort to the Harbours on the South side of Nova Scotia, for shelter, as they generally take their bait on the Banks, which extend from George's Shoal to Sable Island Bank, Banke Quereau, Green Bank, &c. To these Banks the American vessels resort early in the season, often taking two fares of Codfish by the latter part of July. These break the schools of fish that are making their way toward the shore sound- ings, which I think is the cause of the failure of the shore fisheries. From 1812 to 1818, fish were found more abundant about the shores of Nova Scotia than they have been since. A large portion of these vessels, after making . ir or two voyages of Codfish, proceed to the Bay de Chaleur, from the East point ot Prince Edward's Is- land to Shippegan Cape, Gaspe, the entrance of the St. Lawrence, as far as Point Demont's Demoiit's, and the Seven islands, including Orphan Bani^, Bradel e Bank, tiio coast about tho Magdalen Islands, and the North side of Cape Breton. J hese comprise the chief fishing grounds for American vessels. The 1 larbours to which thcv chiefly resort, are the Strait of Canso, Port Hood, Sea Wolf Island, St. Peters New London, H.ch- mond, Cascumne<[uc, Shippegan, Miscow, Gaspe, Seven Islands, Magdalen Islands, kc. kc. The Mackarel in the spring, genorally strike thesoutli part ot >iova ^cotia , from the 18th to the 25th of May, they come from the Southward, laling in with tlio Nantucket and St. George's Shoal ; a large quantity come through the Soutli Liiaii- nel, and when abreast of Cape Cod, shape their course towards the south coast ot Nova Scotia. Being bound to Boston this Spring, about the JHlliol May. I mel huge schools of Ma.kurel, about 50 or GO, to the Westward of the South Seal Island ; they appeared to hv coming about from Cape Cod, until nearly over to the Cape. 1 heir course may occasionally vary in conse(|uence of strong southerly and nortlu-rl) winds; theyfTcnerally fall in on the coast to the Westward, a few days l)e!ore they do at Oan- so, and Cape Breton. The chief places for nelling and seining Mackarel in the. Spriii's are the Tusket Islands, the West side of Cape Sable, Last side o Margaret s Bay, Little Harbour, White Head, St. Peters in Cape Breton, Antigonisi, and seve- ral other places. As there is no doubt but that the Maekan;! a.e bound to (.lialeur Bay for the purpose of spawning, it would lead us to believe that when one hsli is taken with the net or seine, thousands are destroyed which would otherwise likely come to maturity. Could the practice of taking lisli with their spawn be abolished, it is likely they would be much more abundant. The Mackiirel, after passing the south coast ol Nova Scotia, proceed to the northward, through the Straits ol Canso, and to the i.ast- ward of Cape Breton, making their way Northwardly until they are up to Shipiiegan. Bradelle Bank, Gaspe, Seven Islands, Sec. After having spawned, they conliuue about those places as their feeding ground, there being large (luaiilities ol Laiits theie which they feed upon, and eonseipieiitly beconu^ hit. i i • As the season advances, about the month of October, the lisli begin to make tlicir way to the Southward, and continue until the latter part ot November, liie pract!C<- of taking Mack.irel with the hook and line has not been long m operation iniNov a Scotia ,• and 1 believe there never has been a Vi-yaire made with the hook and line on the southern coast ot Nova Scotia, except at Sable Island, where there have been some 'rood voya-Tps made. The lisli which resort here are of a dill'erent cpiality from those which "o to the Bay do Chaleur, being much larijer and falter. In 1»50, the tish were plcntv'inid took the hook well, but in 1851 the lisli appeared at times to be abundant, but would not take the hook. Mackarel here feed in shallow water, within the bars or shoal edges of sand which extend in difl'erent places near the Island. The vessels when empbyed in the Mackarel fishery hero, lie at anchor in about 6 or 7 fathoms water, and I have been informed that Mackarel have been discovered from the mast head of these vessels, lying within the ridges of sand. They are chiefly taken in boats or flats, which go over the ridges, when they sometimes appear to be lying on the bot- tom. Was there a Light House erected on the North West End of the Island, 1 think it would be of great service to those who tend the Mackarel fishery here ; as they often have to cross the North West Bar when they cannot ascertain the distance from the Island. As the season advances, tho weather changeable, and the bars being danger- ous to cross in rough weather, our vessels mostly leave after tho last of September.— The American vessels, which fit out for the Hook fisheries, are of a superior class from those in Nova Scotia. Their tonnage, generally from 60 to 130 tons, very sharp built, well fitted in every respect; those they term the Sharp-shooters are very supe- rior sailing vessels. This enables them to reach the fishing ground, and procure their cargo, while those of Nova Scotia are actually carrying sail to reach the fishing ground. Those vessels are likewise well manned, varying from 12 to 24 men ; making an avera<^e probably of about 15 or 16 men, to each vessel. In 1851, 1 was informed theif iliere were about oiio tlioiisaiui sail of American vessels, which with an average of 15 men, would ^ive lil'ioen thousaiiil. Some of these vessels, 1 heard, made three trips in ClialiMir IJav, for Mackarel. Some, after havingmadconc or two trips or faros of Codfish, proceed to the Bay do Chaicur, well fitted, taking; sufficient barrels to cure their fish in. These are partly filled with Menhaden and Clams, which are consi- dered the best bait for Mackarel ; others are filled with salt and water, which make ballast; when re(|uircd for use tlx-y are emptied of their contentSj and filled with Mac- karel ; this keeps their vessels in <;o()d ballast. They generally commence their fish- ing about Bradelle IJank, Siiipiiegan, and follo\v' the fish northerly, until the season advances, when they return to the North side of I'rince Edward's island, and Cape Breton ; the crews ol iliese vessels are nearly one fourth belonging to Nova Scotia. — Some of these leavi,' their homes in the Spring of the year, and take passage for the United States, for employment; others shi|) on board American vessels when they ar- rive in Nova Scotia. This may be a cause why American fishermen are found fishing witliin the limits. The Straits of Caiiso being the chief |)assage that American vessels take, when bound to or from the Bay de Clialeur, they generally sto]) here, as they say, I'oi the pur- pose of shelter, repairing dnmag(;s, and procuring wood and water. Many of the l)laees through this Strait are so situated, that vessels may haul into the bank and dis- chariie without being detected. As these vessels, bound on a fishing voyage, are nearly full of barrels, it would l)e nearly imjjossible to detect them if actually engaged in illicit trade. Some of the coves w here they resort have fine streams of fre^Ii water, with some rum shops near by, which give them an opportunity of taking on shore a barrel of the American manulactumd Brandy, and bringing in return the puic fresh water; and as many of the crews of these vessels were actually residents of these places, they think ihey Inve the same |nivilege as those who sail in British vessels; and as they have been habituated to go on siiore and purchase small stores, such as butter, potatoes, siieep, and such articles from the inhabitants, I tound the inhabitants of the coast more favourable towards the Americans than they were towards the Nova-Scotia men. At sonn; places i heard that the inhabitants would go out in their boats when the Ame- ricans were takiuij mackarel, and make fast to them and fish whih; they had them liiitctl up. All tliis gives thu hiliahiiiiiiis a ravonral)le opinion ol the Americans. As to the mode to be pursued to prevent American fishermen from illicit trade, and goinii within the limits to fish, it is not easy to determine. However, as Nova-Scotia has so many barliours and places for vessels to resort to. and the Strait of Canso ojien for all vessels, it would be useless, in my opinion, to put on i)rotective duties in Nova-Scotia. The chief of those who remove to the L nited States, who go from Nova-Scotia to sail in American vessels, are young men who would never leave Nova-Scotia could they get employment at home. There arc many of opinion, that protective duties would raise Nova-Scotia to a level with other coun- tries, but I believe this would never keep these young men in the Province. The fact is, Nova-Scotia wants a market for its produce, and its greatest production is fish. Let us see how a protective duty would work : the fisherman in Nova-Scotia calls on a merchant for supplies, if he has a little property it is likely the answer will be. You can have such and such articles, but as there is a high TarilYthis year, for the purpose of raising you to a level with other countries, you must pay an extra price for every barrel of flour, and in the same proportion for every other article you may want or require. When his bill is made out, it has a large appearance, liut when he consi- ders we have protective duties which will enable him to pay his bills, he puts it in his pocket and commences his fishing voyage. After making his voyage, hearing that fish are worth a fair price in the United States, he collects his fish on board his craft, and generally takes them to the port whence he was supplied in the spring. Ou On making enquiry of the piicn o( fisli, lio finds (linm very low ; on iiskingtlie cause, lie is told, \\\\y tlie duties arc so high, it takes ahout one-fomtli, including freight, insu- rance, &.C., to have them disjmsed of in the United States. Witli tiiis reduction, the fisliinman often taking his wiiole voyage to the nicichant wlio su|)|)lied liiin, finds it will not amount to a siifticicnt sum to jiay his hills. Wiiat now is to he done .' He calls upon his merchant and asks if the protective duty will not he of service to him; the answer is, oh ! nu, that is to protect the mecha- nic, those who have factories, the farmers, ^c. He has a little proj)erty, that must go to pay the halance of his bills, and perhaps not siillicient li;ft to supply his family througii the coming winter, l-ut iinw will those do who sail in American vessels.'' When arriving in the United States they generally jirocure good wages, or should they ship on shares, their fish is taken to a market in the United States, free of duty or expense. As these vessels are generally bound to some port in Nova Scotia, those who are Nova Scotia men can take their lit"tle supplies for their families, and have them landed at their doors, nearly as low as they can be procured in the; U'niled Slates; wlien their voyages are accomplished, they either proceed on to the United States and receive their share, or, as the practice is ii/some |)lac(>s, a merchant supplies them with goods to the amount of their voyage. He then receives a draft, which is accepted by the owner of the vessel, payable in the United States. 'Ihis answers the purpose of the fisiicr- men, and likewise makes remittances for the merchants, who can step on hoard the Packet and proceed to the United States, collect his drafts, n)ake arrangements for a new supply for the coming season, and return. This ajipears to be the state of a large part of Nova Scotia at present. But there has he(!n a difference of oi)inion respecting reciprocal trade between the United States and the British Colonies. As regards the Cod fisheries, it is my opinion, that American fishernicii affect our shore iislieries more by being kept on the outer banks, when if they were admitted freely into our ports, our fishermen would be enabled to procure h.rger fares ; I have no doubt that the Convention between the Americans and Urilish has been the cause of the American fishermen procuring theirs much sooner than they would have done had they been admitted freely into our ports. As regards the Mackarel fishery, it is a (juestion uJiieli is not so easifv decided. There is but little doubt the AiiKnicans would enjoy some of the privileges which now belong to British suljjects ; liut could we re- ceive something equivalent for those privileges, by having the same privilege in the American market, our fish and produce going there free of duty, our Coasters having the same privilege in American ports as they had in ours, this might have a tendency to bring Nova Scotia on a level with other countries, and prevent our young men from leaving the Province. The means to be employed for the prevention of those who might trespass on the fishing ground, or are engaged in illicit trade, is a question of great importance at present. As to smuggling, perhaps that trade will never be en- tirely abolished, but much might be done if the Officers and Magistrates on shore would take' sufficient interest to put down this trade. Persons commissioned on board of vessels have not the opportunity of detecting these things as those on shore, as vessels so commissioned are generally watched. The course to be pursued to prevent foreign vessels from trespassing on the grounds reserved for British subjects, requires more talent and experience than 1 have, to de- cide. However, with the information which 1 have received, and the little exi>orience 1 have, it appears it would take a larger amount than the Legislature of Nova- Scotia would grant, for the protection of the Fisheries, w hen Ave take into consider- ation the extent of the coast on Nova-Scotia and Cape Breton, which, in the latter part of the season, is completely lined with American vessels, from Cape Gaspe to Cape North, in Cape Breton. These vessels 1 have been informed, often fish within half a mile from shore, paying little or no regard to the limits stated in the National Convention. In fact the day on which I seized the " Tiber," there were sixty or seventy seventy sai in sight, which were nearly all within limits ; but as these arc fast sailine vessels, i( they onco get the start, ami are out of gun shot, they feel miite secure Were the IJritish Colonies united, or was each Colony e.,ually interested in the Fishe- ries, and \vould all come forward to protect the I'isheries, it would be ot -roat conse- quence. Ihe coast cannot be protected from encroachment by foreigners, by sailin'-' vessels, unless there are three or four in number. o > j saiiuif, A small steam vessel would likely be of great service to prevent foreigners from encroaching, but as the iishermen are generally fitted with good glasses, it is not likely a steam vessel would take them in the act o( fishing within the limits. 1» the Con yention between the two nations, the words ''curing fish" and " prciiarin-r the fish " It appears to me, to re(|uire some further explanation ; on the former the Ati^erican fish- ermen believe the object was to prevent them curing or drying cod fish on shore, as the hook mackarel fishing was not practised when that Convention was made. 1 have seen seen instances where American vessels had been fishing the whole of the day, towards evening, a gale springing up, they were forced to run for a harbour with fifty or sixty barrels of fresh mackarel on deck, and if salting those fish is understood curinR fisli, which 1 think IS the only way mackarel can be cured, under those circumstances these people must cast their fish into the sea again, or run the risk of having the vessel and cargo seized. 1 he words " preparing the fish," may be construed to what it was not intended. When cruising in the schooner Telegraph last fall, being in Little Canso, an Ameri- can yesse lay near ; 1 discovered the men busily employed on deck, 1 manned my boat and boarded her; 1 found them emi)loyed grinding bait for mackarel ; the Captain an- peared quite innocent, and said he had been so careful he had not taken a lobster while in the harbour, this might be understood preparing to fish. That part of the Convention which provides that American fishermen shall be ad- mitted to enter the Bays and Harbours in the British Colonies, for the purpose of shel- ter, and repairing damages therein, of obtaining wood and water, and for no other pur- poses whatever,— if strictly carried out would not allow them, in my opinion, to do any more than is specified in tiie Convention. I mado some enquiry respcctin-^ the words " preparing to fish," from those who 1 thought might understand the subject, who gave their opinion, that laying the vessel to, or putting her in a proper position to fish \yasthe proper meaning. Another question in my opinion requires some considera- tion— that IS, that part ot the Law which requires that vessels, after having been seized shall be left in charge of the officer of her Majesty's Customs in the first port which' they may enter. In case the vessel and cargo should be sold, they would not be worth near as much 111 some ports as they would in others. regards Port Hood, there is not any safe l)lace lor a vessel to lie unless she has a .r ,v constantly on board. The sixth ques- tion, referred to the Law Officers in Englani,,— whether American 'essels have arif^ht to enter the Harbours of this Province fbr the purpose of obtaining wood and wat°er, having provided neither of these articles at the commencement of the voyage in their own country, appears to be unrestricted by any condition exjiressed or implied. I be- lieve It has been the practice of American vessels, when bound U the Labrador to stop at some port in Nova Scotia to procure firewood, small spars, such as boats' masts, sprits, oar rafters, gafT handles, and such like things. It is my opinion that persons commissioned for the protection of the Fisheries, should have very explicit instructions : what would be a sufficient time for procuring wood, water, &c., and likewise, how far the word " shelter" should extend. I have ex- amined the report of the Committee on the Fisheries, for 1851, aud do not see any further explanation than the Law Officers in England have given. Their decision re- specting the prescribed limits appears to be plain; but respecting the entering our Harbours, in my opinion, requires some additional explanation. I have, Sic. Feby. 10, 1852. pAUL CROWELL. 100—2 '62