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32 1

Sii|)|)

[No. 1(

Siipplemeiit to the 2r)tli Aniuiiil Report of the Deiiiii'tiiieiit of Marine iiiid Fisheries.

REPORT

LOBSTER INDUSTRY

CANADA

1892

PRINTED BY ORDER OF PARLIAMENT

OTTAWA:

PRINTED BY S. E. DAWSON, PRINTER TO THE QUEEN'S MOST

EXCELLENT MAJESTY.

[No. lOrf— 1898.] Price 6 cents.

1898

Intn
Darn
Fecu
Habi
Meaf
Licei
Deer

Iram

Berri

Lobs

Extoi

Orde

Begu

Statit

Cann(

Traps

Statei

Extra

Bales

CONTENTS

Introduction ^^"^^

Dangers of over-fishing

Fecundity of the Lobsters *

Habits of the Lobsters ",.." *

Measures of protection ,

License System '

^ ' • •• y»

Decrease in the size of Lobsters in Canada

^° <lo United States .!.!.!.!".."!" 8

•^•^ do England and Norway o

Immature Lobster

Berried Lobsters ..., ^

Lobster Traps, space between slats ...............!.... }?

Lobster Fishery Legislation in Canada 10

Close Seasons— since 1873

Extensions of Fishing granted

Orders in Oou ncil relative to the Lobster Fishery. ...... . If

Regulations in Maine and Massachussetts 20 21

Statistics of the yield of Lobsters in the United States for l^SO '22

fetatitiscal Statements of Lobster Industry in Canada . 90 tt

Canneries, number of, in Canada since 1879 90

T'-^P^ do do 1888 !. Z'Z'''''''''. 23

do do New Brunswick, 1883 04

Statement of the yield and value of Lobsters in P.E.Lsi'nce'isTo" 23

^° ,, , ^° do N.B. do 1883 24

V ^ . J i '^'^ ^"^ • Canada do 1869 25

Ex racts from Eeports of Fishery Inspectors and Overseers.. .. ofi

Rules and Regulations relative to the Lobster Fisheiy in Newfoundland." '.! 36

;<* L

lOd— IJ

R i: PORT

<iN TIIK

LOBSTER INDUSTRY OF CANADA.

To the Hon. Charles H. Tuppeb,

MiniMler of Marine and Fiehoiies.

Sib,— Although the aunual reports of this department for the past two years*
contain a largo amount of interonting information relative to the lobster fishery ;
Its exhausted condition in sovoral localities, anl the best moans to preserve it from'
total extinction ; it has been deemed advisable for purposes of reference as well as
otherwise to piiice before you a collection of the several memoranda and reports
made from time to time by the officers of your department on this valuable industry ;
an industry which has increased in value from 815,275, in 18tJ9, to over $2,250,000,
in 1891. It will bo readily admitted that a fishery of such importance doserves'pro-
tection ; the more so, when it is a well-known fact that the drain now put on its
capabilities is excessive, ^ind unless efficient and proper legislation is adopted to
check it, the fishery is doomed to exhaustion. There can bo no doubt but these
crustaceans are becoming scarce in a great many localities; the average size of the
fish is also gradually but surely growing smaller in many districts.

If these crustaceans have not sufl'erod irretrievable injury in Canada, and if
they are not yet beyond recuperation, it is duo to the enforcement of judicious close
seasons and to regulations fixing a minimum size under which no lobsters must be
taken.

It is, however, evident that the productive power of these shell-fish has been
over-taxed and that they cannot much longer stand the heavy drain of the past
twenty years. It, therefore, becomes a matter of imperative necessity not only to
maintain intact the present regulations but to adopt further measuresiu order to assure
the healthy condition of a staple industry upon whose permanency and ' -.Kiuctive-
ness thousands of persons in the Maiitime Provinces depend for a livelii. »'

The lobster belongs to the public not to the packer; the right of fisher/ in the
open sea is also a public appanage, but the Government, as trustee for the public is
in duty bound to protect and preserve this right for future as well as for the present
generations.

The fecundity of the lobster is wonderful ; every female reaching the age of
maturity emits from 12,000 to 20,000 eggs every season. It may seem impossible
at first sight to exhaust such an abundant supply; but experience has proved the
contrary. To arrive at this conclusion, one has only to look at the number of
lobsters caught every year in Canadian waters. In 1891, there were 14,285,157 cans
packed at say 5 fish to the can— in some localities the average was 6 and 7— equal
to 71,425,785 fish ; adding thereto 6,312 tons of live or fresh lobsters of an average

Kepi'iriVur XXVL ""'"'■' ^"' ^*^^'^- ^^^^'^^' *'*«•' B«^«dinfr Reponri8!>0,"pri7 ; Annual

I!.

" MARINE AND I'ISHEBIKS.

woi^ht Of 2i IbH \m- HmIi. we have S,04!t,t;00 more, or nn ng>,^•e^'llto of 7({,47S,;i85
lolwiers. With wiich an annual drain, it Ih fo bo wondered that thiH tinhory ha« been
abl« to hold on 80 long. The value of lobstm- faclorioH, trapH and other plant
amounted in 18l>l to 88»)0,0()0.

LobHters do not travel long di8tanc-0H. At the approach of winter Ihoy Hcok the
deep waters whore tlie temperature ia milder ami more uniform. With the return
of spring they come back to their Munimer haunts, and as the ^^eason advances,
gradually got nearer thore. It is ihorotbro evident that ontinue.l over-Hshing
in a particular locality will eventually exhaust the breed without roasonable hopes
of Us being Hubsoqiiently replenished by accossiona from neighbouring areas.

MKANH OV niOTECTlON To I.OBBTKRS.

In his report for 1891, Superintendent Nielsen in charge of tho Lobster hatchery
of Xowfou ulland rewmmonds the following for tho protection and fostering of this
induHtry.

"The only means by which the lobster fishery can bo improved and continued in
a profitable condition, arc by artificial propagation on a largo scale by flouting incuba-
tors; by having a short season ; by having a limited distance between each factory
and by regulating the construction of all lobster traps, so that tho small immnturo
lobsters can escape, when they enter the traps. 1 am confident that those means will
have tho eflect of conserving and extending this valuable fishery. "

A copy of tho Newfoundland regulations ajiplicable to tho lobster fishery will
bo found at the end of this report.

LICENSE SYSTEM.

No repressive regulations, however beneficial to the public at l.-irgo, can bo carried
out without hurting or displeasing somebody, ir the foregoing remarks establish
the necessity which exists for tho adoption of more efficient measures, the thing
cannot better bo done than by the adoption of a legular license system, which would
bring this fishery under the provisions of the Fisheries Act. This system, which
has already proved most beneficial in other branches of the fisheries would give the
department better and fuller control; enable it to settle difficulties between parties,
and facilitate tho detection of illegal fishing and canning in remote parts of the
country. Under such a system, the business could be property regulated, capitalists
would invest their funds with greater security, and the value"^of the industry would
thus be enhanced to tho public as well as to the individual fisherman.

The fixing of a proper license fee is a somewhat difficult matter to arrange.

Large puckers might approve of a high figure for the purpose of crowding out
smaller competitors in the business, while tho latter would bo sure to raise theory of
monopoly.

I have the honour to be, sir,

Your obedient servant,

VVM. SMITH,
Deputy Minister of Marine and Fisheries.

l«B8T«R INUOSTRY OF CAMACA.

A.PPF1NDIX A.

FURTIIKR F<:vrDi:NCK OK DKCREASR IX HVAi: OF LOHSTHRS

IN CANADA AS VThLh AS IN t'OKEION C0UNTBIK8.

Tho continual ducieaHo in sizo of iobsterw in an oviilent proof of ii dimininliing
Hupply. Sonio ten or twelve years iv^o, it would take only two or throe loiistorH to
nil a can; now it reciuires six or seven, wonio oven nay eight. Tliiis decline in size
is general, Imt mostly felt in Prince lidward Island and New Rrunswick.

'I'he tiHhery oversoers and packers in (iloucestei' and Kent coiintios, as well as
on the Northumberland Straits, agree in stating that lobHters are steadily getting
scarc(M' and smaller; that it now takes from six to eight lo'tstors to till one pound
cans, and it is stated that in some parts of the Bale desChaleurs, seventy-five percent
of the catch was under the legal size, and that if the legal standard wore strictly
enforced, no factory could continue to operate.

The same oj)inion is held by cannersat I'iclou, N.S., and Mr. .1. Forest of Anti-
gonish, who is an extensive packer, stated, after making a tour of the Halifax and
Guyshoro' counties, that he had seen more lobsters of nine inches than of any other
size. Some packers hold that lobsters are of a much larger size on tlie nort h-east side
of Cape Breton, and that three and a half lobsters are sufficient to fill a can.

QCEBEC.

In his report for 1875, Dr. Lavoie, then in command of tho Gull' fishery divi-
sion, says : —

"The apjjrohonsions entertained in 1S72 from the result of previous excessive
fishing, wore fully realized last sea.son, so far as Baio des ("haleurs is eoncerned,
where barely !»,315 pounds of lobsters were prepared against 21(;,43P pounds lasf.
year."

In his report for 1876, the same officer writes : —

"Tho ruin of the lob.ster fishery on the shores of the United States ought to
warn and at the same time teach us a losun which we should take advantjige of;
that is to regulate, with as little delay as possible, the mode of car ryiiig on this
fishery, if we would not suffer the same results as are already experienced at Carle-
ton and Maria, and other places on the shores of Bale desChaleurs * ••= *
The fishing grounds of Maria, Carleton and New Richmond will require several
years rest before they will become as . .able as formerly."

Again, in his report for 1877, the a^ne officer says:—

"The first establishment began in 1S74, and met with such success that there is
now great competition among packers who desire to secure the most advantageous
localities in Bale des Chaleurs and Gasp6. A fact worthy of notice is that, where
canneries were first in operation, the result of their work is already apparent.

"At Carleton, for instance, packing had to be abandoned for want of lobsters,
whilst 216,432 pounds were cannod at Carleton and Maria in 1874, none wore pre-
served in the former place this year, and tho canneries of Maria, Bonaventuro and
Capelin put up only 35,200 cans."

In his report for 1883, Dr. Wakoham who succeeded Dr. Lavoie, says :—

"The lobster industry shows a falling off of 116,804 pounds. This decrease
occurred mainly in tho County of Bonavonture, where the lobster catch has already
been faili.ig for some years ; in fact, there is only one cannery opened in that county
now." ^ ^ r J

MARINE ANO KISIIBRIEH.

In Ills lopoii for 1887, flio samo offloor writo»:— .

"While in 1877, while iho indimti-y whh yot in itM ii.f.mcy, 4JS,(!(59 poundH of
lobhtoiH w(v,. put up \>y olovon cannoM; Jorty-tivo cani.orio,. with n liirKor number
, ..;.'."ri-" ./."'■ "I*P'!""^«". «"'y Huocoodod ill takiriK HR7,098 poundH durinir the
i^i • '"i . ." "''"''" o' I'O'"' q'l'i'it.y, an, owin^ to tho Hm.iil nizo of tho lolfHtei-H

now ^'oiion. !v takoii, much of tho mout in inferior, hoiii<,' hoII and watery."

PBINOK KDWAKD ISLAND.

u^i I'x-I"';pe«''>'' i>'«var, i„ a tal.ulaled Htatomont Hhown that, while in 1874 threo
and ii-half loi.stoiK wore Hutlicient to fill a can, ton years hitor it took five, and now nix

HI III HU V Oil*

tlmi mn ;'/;/T'i''," J"'^'*^';*''' fi"«'"''« <'<>""^y. I'-l'->-. i« U'e only ono who Htato.l
II at most ol tho lobsters caught thoir nioanurod twolvo inchon, and that four of thorn
flllo.1 a can I Iuh w certainly the best reconl on tho Princo Kdwai.j iHland eoant.
.'"^P;'t'»f"' '[."'•Ijotl reportH that owiiiK to tho small Hizo of tho lolmtoiM, duo to

hMvn'lMH.r''^'';, .''''/'',"•"''■''■. 'l'""'''«"'^'"^ "»■ 'ho lo^al Htan.Iard lant year would
liave lind tho otloct ol ciosin',' all tho faotorios. ''

Af,'ain, he sayw : in 18H7, tho lobsters woro so Hmall ami bo Hcarco that several
paokors iia.i to closo Ihoir faotorios oarly in tho eoason, and not a few of thorn woro
unvon into Imnkriiptoy.

Tho deplorable con.lition of tho tiwhory at that time, caused by over-HHhin« and
the in.lisorMninato slaugbtor of lobstorn of all sizes, obliKod tho department to reuort
to iiioro stnngont inoasurcs.

This is ovidoiK'o enough to ))rove tho decline in size in Princo Kdward Island.

KNOLAND.

In tho report of tho commission appoiiUcd to onquiro into tho crab and lobster
fishoncsin hnglan.land Wales (1877!), numerous evidences are -iven of a groat
Jailing ott in tho number an.l ^izo of the fish as compared with whatthoy wore forty
tniry, twenty, or even ten years boforo— the reason is ascribed to ovor-fishinl''
catolimg immaluiu hsh and fibbing ai im])iopor periods of tho year

ififirs!^" V'P'^'""/'^''.°'"'P?^""''^''''*''''''''"'*'^ '■*»'' '''n^'ln"d and Wales for tho years
r-T\: also speak of an alarming decrease in tho sizo and supply of lobsters in
lireat Hritain and Norway.

IFNITKH STATES.

In tho United States many grounds where largo and romunerativo fishine used
t .urTT ""^ "'■'i "«^\«'™P'etoly fished out. This dooroaso has been most marked
in such regions as have been fished the longest, and especially in the shallow water
areas neai- tho coast, which are easy of access, and which have been subject to in-
Cleaned drains. The greatest decrease has occurred within tho last fifteen to twenty
years, or since the establishment of numerous factories, and the perfected methods
of transporting fresh lobsters to all parts of the country.

(Quoting fVom the reports of the United States Commissioner on Fish and
I^isherios, the following facts are elicited .—

TVr««r "v«T ^'°'/, "';^'^/'; ^^« » f""^o"« «8hing ground ; a largo trade was started with
J^ew lork. hach lobster pot could be relied upon to catch from 100 to 200
lobsters every n.ght. Since 1885, a rapid decrease was noticed. In 1880 there
were only 8 men engaged in this fishery; and, although they used the most im-
pioved appliances, their annual gross earnings did not exceed $60 each

The official reports on " The Fisheries and Fishing Industry of the United States "
published in 1887, sec. v., vol. 2, page .i58 et seq. sho^^ that several formerly remuner-
ative hshing grounds on the coast of Maine are now completely exhausted

Un the Coast of Maine, although this fishing is of much more recent date it
has already exhihite.! alarming .igns of decay, while the average size of indiv-
duaL^ 18 generally decreasing. The shore fisheries are completefy exhausted, and

I.0H8TER IMOL'PtTKY <>K ('ANAtiA.

Hmgly .n.ten.l of Imv fa.s „on be.uuH. tho lul.,t..rH arc moi-. Hc-ation.l an.l coS-
sequontly ncarcor. la IH.:», lol.Htei. woiv m, ahurHant at .Mihh,.1 |{i,|,,.. that
throe men t,.n.]m- from 40 t<. B(Mru|m woul-l cal.h all Ih. iulmtor. wM.-h on'
Hinack wan uhle to carry to markot by makin^r a t.ip o„co u woek. In 1H7!»
the Haino Hma.k ha-l to l.uy the caloh .,115 m.m in onior to ol.tai,, full fa.vs ami
«t timoH r.M|n,ro.| to vm,t olhor localitios i„ con.plHo tlio loa.l. Tho narno ri'inarkH
up,, y to the Mooth May ro^ion In IHHfl, lol.to.'s wcmv very alM,n,la,.l al'oul the
lHlund« an.l fi.hing was nuTicI on .loso \uh\u,v,' , oa.h man makii,- about «700
dunnK the HcaHon. In lHt!l». »Im, numbor of ti.hormon ha-l inueaHo.1, but h"
protitH woro ro-iuccl to 817.". por man, and tbo average huo of lob torn w.J.
.1 m.nmh..d. In tb.' Saco diHtrict. the «vora;;o c-atch po. man in now about on^
In .1 what It UHod to 1^ twenty ycar« ago ; and it now takes HO lobHtorn to till a
barrel, while (i.) were Hulticient in 1H(;.1.

Extract from " Forest and Stream," Jan. Uth, 1888.

" An inve^tiKalion ot the lobster fisheries of Maine and th,- effect of the laws
thereon has recently been made by Deputy Labour C.mmission.T Campbell, of that
State lie reports tha the lobster fishery is an industry that has i^rown up in the

timty years Said a Hsherman • "When I first went into the business in

past

IHod, there were but six smacks runnin- |„bsiers in Maine waters, fi.ur of which
were tiom .Now London, Conn. These smacks averairod about fou.' men each Tivo
men cau^hl at that time twice theamount of lobsters these five smacks could carry"
J'rom this s.null Mi.lust.y ,n 1S50 it has jrrown to such vast proportions that it now
employs nearly 2,000 boats, 40 sail ..f vessels, an(UMv,.s employment to over 2 000
fishermen, and the transp„rtation smacks in Maine water, employ more than 'lOO
men m frei-htin- or transporting lobsters cau-hl in Maine waters. This industry

8.'nn 'mn°" '" ^"''"'"Vr'^;' "■'"""- '•'"/■'^''"••"'•"' of Maine a -ross sum <.f more thah
8<.00,000 annually. The business of lobster catching in general requires two men to
a bout, with 200 traps, at a cost of about «;!00 for the entire outfit. The greater part
of the hshing IS carried on in small boats within a short distance of the fishermen's
liomes. In winter a small number of vesHois are employed in deoi)-ca fishing "

"On the Coast^^of New JIampshire, the decrease for thepast twenty years is said
to have been from 60 to 7.) per cent.

" In Kbodo Island and (Jonnecticut. there is also a considerable fullinLr off both
in number and size." '

Concerning the distribution of these Crustaceans it may bo stated, en vassant
tliat a few stray individuals are occnsionally met with oi. ti.o nurth-eastern .oast of'
Virgmia. On the coast of Now Jer.soy, they are somewhat more abundant, and
n..derate y comm.m on Connecticut shores. The entire coast lino of Massachusetts
used to abound in lobsters; but ovor-tishing has nearly depleted the shallow W'utcrs.

IMMATURH L0I3STKRS.

Professor Bocck of Norway, oxpiesses his .jpini.)n that lobsters become capable
of spawning when three years old and have reached the length of eight inches
Lobsters ess than eight inches are seldom found with any ova. 'Sce <ioo<le's report,
United States' Fish Commission, Sec. V. Vol. 1, 2, page 7h>.

Mr. S. Wilmot, Superintendent of Fish Culture, btutos that his experiment
showed no lobsters with eggs attached under eight and a-half inches: long. See Fish
Jireeding Eeport, 1890, page 2'). s * mu

Q. •?'\AP'^'* Ogdcn, fishery officer, after careful examination savs that in the
fstraits of Northumberland 90 per cent ..f eight inch lobsters are capable of reproduc-
ing their species. He has noticed exuded eggs on smaller lobsters, even under
seven inches. See his report in No. 2. Lobster Fishery memo

Mr Johnson, of B.^ston, stated before the American Fish Culture Association
tliat in the waters of Massachusetts the minimum size of reproduction was ten and

^ I'i-
I'i]

*l i

a-half inches. See Goode's report, sec. V. vol.

1, 2, page 730.

MARINE AND FISHERIES.

Mr. A. Neilsen, Superintendent of Fisheries in Newfoundland, places great im-
portance on prohibiting the capture of immature lobsters. He recommends ten
inches in some parts of Newfoundland and nine inches in others, as the legal size
limit.

Mr. Robert Hockin, Inspector of Fisheries in Nova Scotia, states in his report
that it is not profitable to put up lobsters of less than 9 inches in length ; this law
would meet the sympathy and interest of the packers.

BERRIED LOBSTERS.

Mr. Alfred Ogden suggests that the clause re-berried lobsters be excluded from
.proposed regulations, as he claims it has never been enforced, and never can be with-
out placing an officer on each boat.

It is admitted by practical fishermen that berried lobsters when taken from the
traps are not liberated, but stripped of tlieir eggs and thrown with the others.

The Fishery Commission of England, after a thorough investigation of their
fisherios, report as follows : —

" We are also unable to advise the other recommendations which have been made
to us, viz ; that the sale of berried lobsters should be prohibited. In the first place,
if it were illegal to take berried lobsters, it would not pay the fishermen in many
cases to pursue the lobster fishery. In the next place, the lobster when berried is in
the very best possible condition for food, and it would be as illogical therefore to
prohibit its capture, as to prohibit the taking of full herrings. '

" In the third place, if its capture were illegal, Mr. Schoville's evidence at Humble
shows that the fishermen would probably remove the berries.

" The berried lobster would no longer be seen in the maiket, but berried lobsters
would be killed as much as ever."

(See British Commission Repoi-t vol. XXIV., pages XVI and XVII.)

The above is applicable to Canada in every particular.

The question of berried lobsters and the waste of eggs is fully dealt with by
Superintendent Wilmot in the Fish Breeding Repoi-t for 1890, pp. 23, 24 and 25.

LOBSTER TRAPS.

Space between slats.

The catching of small lobsters is little bettor than dead loss to the packers,
hence the necessity of preventing as much as postiible the destruction of these im-
mature crustaceans. That this end could le achieved by regulating the space be-
tween the slats of the traps is now evidenced beyond doubt, and that such a regulation
after due notice given would not be objectionable to packers is also proved, by the
fact that only two out of thirteen, to whom the question was referred, were opposed
to any change.

Mr. Nielsen, superintendent of the lobster hatchery of Newfoundland, and who
is an expert in such matters considers the regulating of lobster traps as one of the
best ways to save the young lobsters from destruction.

In the Annual Report of the Newfoundland fisheries for 1891, he says:—

"Last summer I made a series of experiments with lobster traps in order to
determine what space various sizes of lobsters required to escape from a trap. For
this purpose I had six traps so constructed that lobsters could not get out otherwise
than through the space between the laths. The space between the two undermost
laths on each side and end, in the different traps, I had arranged from IJ to 2^
inches; the laths in one trap being placed one-eighth of an inch further apart than
in the other. Lobsters of various sizes, ranging from eight inches to ten inches in
length, were then placed in the different traps, and these were pushed out into the
sea for observation. The Hon. A. W. Harvey, chairman of the commission, was
present and witnessed the experiment.

•' The lobsters made the most strenuous and persevering ofibrts to escape. The
results of tho experiments were as follows : —

1. That a lobster ten inches in length can work itself out between the laths, in
a trap, if these are put 2J inches apart, but cannot get out between the laths if they
are placed 2^ inches apart.

LOBSTER INDUSTRY OP CANADA.

2. That a lobster nine inches in length can work itself out between the laths in
a trap, the laths of which are put 2^ inches apart, but cannot get out between the
laths if placed two inches apart.

3. That a lobster eight inches in length can work iteelf out between the laths if
these are placed IJ inches apart, but cannot got out between the laths if these are
placed If inches apart.

"A model of the traps I had constructed for these experiments may be seen at
the office of the Fisheries Commission. They are made on a different plan from the
traps generally used in the fisheries of Newfoundland, and the cost of construction
18 only half that of the ordinary trap. No netting or twine is used in the heads—
the most expensive part of the trap— so that they are less expensive to keep in
order, and can be made in half the time."

(For a description of this trap, see the Annnal Eeport.)
AT c! a' '^l^''*^^ Ogden, officer in charge of the Canadian Lobster Hatchery at Pictou,
JN.S., describes his experience on the same subject with the following results : —

A 10-inch lobster went through a 2^-inch space easily.

A 9-inch lobster went through a 2-inch space easily and through a 1 Mnch snace
with difficulty. ' ^

An Hi-inch lobster could not go through an 1 J-inch space.

An 8-inch lobster went through a l;f inch space easily, but could not go throuirh
a li-incli space.

A 7i-inch lobster want through a IJ-inch space with great difficulty, but could
not go through a IJ-inch space.

THE LOBSTER FISHERY REGULATIONS O'^ "^HE SIWTE OV MASSACHUSETTS.

Re space between ^.. .3 of traps.

In the Eeport of the Fish Commissioners of the above named State for the year
1892, it is stated that: "^

" At a hearing before the Legislature of 1889, for the better protection and preser-
vation of the lobster fisheries, there were present over a hundred fishermen, repre-
senting every town on the coastof Massachusetts where this industry is of any value.
Their opinions were freely expressed, either personally or by counsel. All were in
favour of protecting the egg-bearing lobsters, and all but one favoured the 10|-inch
aw. The only Jear they expressed was that the law would not be enforced, and
law-abiding fisheimen be handicapped by the lawless element which exists more or
less among the fishermen. Many of the more intelligent men among them ottered
to aid us in our efforts to protect the fisheries. The law of 1889 i)assed both Houses
by a unanimous vote, and the Legislature placed in the hands of the commissioners
what was supposed to be sufficient means to enforce the law.

A large number of prosecutions have been made, and up to the present time the
fines paid into the courts havegonefar toward reimbursing the state for its expendi-
tures ill this direction. The lawless fishermen have been'driven from one thing to
another, until at last they have adopted a device which makes it difficult to detect
them. They put their short lobsters in traps or small crates and bags, and sink
them, to be taken up at night and either put on board lobster smacks to be carried
out of the State, or sent to restaurants and places of summer resort. A majority of
these violators are foreigners or pfersons from other States. This creates dissatisfac-
tion among the law-abiding fishermen, who complain that they put over the small
obsters only to have them caught and sold by others. In justice to those who are
living up to the law, and in the interest of economy to the State, we recommend
that the Act of 1889 be amended as follows :—

Section H of Chapter 109 of the Acts of the year 1889 is hereby amended by
inserting before the words " all cars," &c., the following words : " All traps and con-

trivances for taking lobsters shall have their slats not less than 2 inches apart, and
shrill, with the buoys attached to thoni, have the nr^me and residence of the owner
or owners legibly marked thereon ; " so that said section shall read as follows, viz. :—
Sec. 3. All traps and contrivances for taking lobsters shall have their slats not
less than 2 inches apart, and shall, with the buoys attached to them, have the name
and residence of the owner or owners legibly marked thereon; and all cars or other

MARINE AND KISIIERIES.

contrivances for keepinK lobsters shall have the name and residence of the owner or
SrJtW&'^t^^^ ""'^'- ^'^^P^"^'^^ ^'''''''^' •" «-*■- ^^ ofe,ZZ
_ If this amendment is enacted it will allow almost all lobsters, less than lOi inches
in size, to pass out of the traps, and save the fishermen much labour in sorting their
catch Several lobster catchers have already adopted this arrangement, and it^hould

fi!»,?rf„ "nTr^' ^^.'*'^- It was not until lobsters were reduced in sze by over-
fishing, and the market was open to small ones, that the slats on lobster traps were
put closer together than 2 inctes. In all countries wore fisheries are protected the
size of mesh of nets is regulated; and there seems to be no good iXn why 'he
same principle should not be applied to lobster traps " le.ison wnj ine

LOBSTER INDUSTRY OP CANADA.

- f

^1 PEISTDIX B.

a closo time, and a
lOLh July to 20th

REVIEW OF THE LOBSTER FISHERY LEGISLATION IN CANADA AND

THE UNITED STATES. y^^i^^uA ai>u

Subsection 7 of section 15 of the Fisheries Act provides that :—" Shell-fish

fisheries shall be subject to the provisions of this Act, and any regulation or

" regulations to be made under it." ^ icgumuon or

J^f ??u '^fg".'^*'^" bearing on the lobster fishery was enacted in 1873. It

prohibited the taking of soft-shell lobsters, lobsters in spawn and lobsters under

one pound and a half in weight. uo>^cio uuuer

in 1874, the months of July and August were fixed upon as
gauge of nine inches introduced.

In 1876, the above dates were altered, so as to read from
August, and subsequently from 10th August to 20th September

In 1877, the close time was fixed from 1st to Slst August for Nova Scotia
Prince Edward Island and the southern coast of New Brunswick, and from 20th
August to 15th September for Quebec and the northern coast of New Brunswick
li,«;fTn fiT- / ? ^^*®^Y®''®, ^Sfin changed and anew regulation adopted
hm.ting fishing from Ist April to 1st August on the western coasts of Nova Scotia

Sn^^"^ fir'"^'!' *"*^ ^'""^ l^i^ ^P"' *° 20th August in Quebec, Prince Edward
Island and the northern coasts of New Brunswick. ° ' ' "

♦Kof ^" l^^?;u^ Vir® ^'""^ "^^ "^^ ^° ^^^ ^»'<'™ l«t J"'y ^ 31flt December on
thatpartofthe Atlantic Coast extending from Cape Canso to the United States
boundary and froni 15th July to Slst December in all the remaining waters of
Nova Scotia, New Brunswick, Prince Edward Island and Quebec.

In 1888 the regulations of the previous year remained in force
u.u ^^ ificf^'"^".9uT" ^ated 26th March, 1889, confirmed the close season ostab-
hshed in 1887, with the exception that on that part of the coast of the Atlantic
Ocean from St. Peter's Island, Richmond County, to Meat Cove. Victoria County
fishing was to be permitted until 28th July. »^"uuiy,

•*u?u***u2^*'^°^'^P'"''°^ *^® ^*™^ year, another Order in Council was passed
with the above exception omitted, thus restoring the close season as it was before

,lhe clause relating to soft-shelled and berried lobsters was reinstated, and the
minimum^ length was increased from 9 to 9| inches, measuring from head to tail
The standard was thus increased by one-half inch. eau lu lau.

(See O.C. herewith.)

PRESENT CLOSE SEASON.

Since the consolidation of the Orders in Council (18th July, 1889,) no changes
have been made in the close season for lobsters which was fixed on that part of

Slf^f fn'^^^f'"'^T^'"Ti''« U°'*«^ S**t«« boundary to Canso, from Ist
S P -n ^^^^"'^^T ^^'l'" all the remaining waters of Nova Scotia, New Bruns-
wick Prince Edward Island and Quebec, from the 15th July to the 3lk December
inK r!? 1891, an Order in Council dated 28th January, fixes the minimum length of
lobsters at 9 inches with no other changes. (See O. C herewith )
P-w^!^ 9'^^^" ^\""«'^ d^t«'l 25th May, 1892, applying to that' portion of Prince
Edward Island coast from Cape Traverse in an eastwardiy and nortUardly direction
to MstPoint, thence westwardly to the north sidfl of North Cape prov-des that th-
iimit size of 9 inches shall not be enforced, but that the close season shall commence on
Uie l8t July instead of the 15th as enacted by previous Orders in Council. (See O C

it I

Year.

MABINE AND FISHERIES.

TABLE OF CI-OSE SEASONS FOK THE LOBSTER FISHERY PROM 1873 TO 1892.

Close seasons.

1871

1879.

1887.

1873. No regular clo-< season. Only taking of soft-shell lobsters, lobsters in spawn

and under 1^ lb. in weight prohibited.

1874. July and August fixed upon as a close season and gauge of 9 inches intro-

duced.
1876. Above date altered so as to read from 10th July to 20th August, and subse-
quently from 10th August to 20th September.
Ist to 31st August for Nova Scotiii, Prince Edward Island, and southern coast

of New Brunswick, and 20th August to the 15th September for Quebec,

and northern coast of New Brunswick.
Ist April to Ist August for western coast Nova Scotia and New Brunswick;

and 20th April to 20th August for Quebec, Prince Edward Island, and

northern coast of New Brunswick.
1st July to 31st December for Atlantic coast from Capo Canso to United

States boundary and from 15th July to 31st December for remainder of

Maritime Provinces.
1889 to 1892. Same as in 1887.

EXTENSION OF TIME.

An extension of time was asked in 1879, but refused.

In 1880, ten days extension was granted.

None in 1881.

In 1882, fourteen days extension was granted for Nova Scotia, and twenty-one
for New Brunswick, Prince Edward Island and Quebec.

In 1883, five days extension was granted to Prince Edward Island, Quebec and
the northern coast of New Brunswick.

In 1884, the fishing season was extended ten days.

In 1885, an extension was asked and refused.

The same in 1886.

In 1887, fifteen diiys extension were granted to Guysborough, Richmond, Cane
Breton and Victoria Counties.

In 1888, twelve days extension were granted to that part of Cape Breton coast
extending between St. Peters and Meat Cove.

In 1889, applications for extension of time were refused everywhere.

In 1890, the packers on the Cajie Breton coast were allowed an extension of
ten days till the 25th July.

In 1891, a general extension of fifteen days was granted.

In 1892, notwithstanding the efforts of some of the packers, no extension was
allowed anywhere.

[« i;

COPIES OF ORDER IN COUNCIL RELATIVE TO THE
LOBSTER INDUSTRY.

GOVERNMENT HOUSE, OTTAWA,

Monday, 7th day of July, 1873.

PRESENT :

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

On the recomraendatioQ of the Honourable the Minister of Marine and Fishfiri«fl
and under the provisions of the 19th clause of " The 1 ^eries Act," His Excellency
has been pleased to make the following Regulation : —

mtm

L0B8TKB INDDSTRT OF CANADA.

• In the Provinces of Quebec, Nova Scotia and New Brunswick no person shall
flt any time, fish for, catch, kill, buy, t>e\[, or have in possession any soft-shelled
lobsters, or female lobsters with egga attached, nor shall lobsters of a less weight
than one and a-half pounds bo at any time fished for, caught, killed, bought, sold or
had in possession i but when caught by accident in nets or other fishing apparatus
lav;fully used for other fish, young lobsters of less weigh i than one pound and u half
shall be liberated alive at the risk and cost of the owner of the net or apparatus or
by the occupier of the fishery, on whom, in every case, shall devolve the proof of such
actual liberation." *

W. A. HI MS WORTH,

Clerk, Privy Council.

GOVERNMENT HOUSE, OTTAWA,

THnusDAy, 2;Jrd day of April, 1874.

PRESENT :

HIS EXCELLENCY THE GOVERNOR-GENEEAL IN COUNCIL.

On the recommendation of the Honourable the Minister of Marino and Fisheries
and under the provisions of the 19th clause of '' The Fisheries Act," His Excellency
has been pleased to make the following Regulation :—

"In the Provinces of Quebec, Nova Scotia and New Brunswick no person shall,
during the months of July and August, fish for, catch, kill, buy, sell or have in pos-
session any soft-shelled lobsters or female lobsters, with eggs attached, no.- shall
lobsters of any loss size than 9 inches in length measuring from head to tail, exclusive
of claws or feelers, be at any time fished for, caught, killed, bought, sold or had in
possession, but when caught by accident in nets, or other fishing apparatus lawfully
used for other fish, lobsters with eggs attached, soft-shelled and young lobsters of a
less size than 9 inches shall be liberated alive, at the risk and cost of the owner of
the net or apparatus, or by the occupier of the fishery, on whom in every case, shall
devolve the proof of such actual liberation."

His Excellency has also been pleased to cancel the Fishery Regulation established
by Order in Council of the 7th day of July, 1873, having reference to the lobster
fishery, and the same is hereby cancelled accordingly.

W. A. H IMS WORTH,

Clerk, Privy Gonncil,

GOVERNMENT HOUSE, OTTAWA,

Thcbsday, 20th day of April, 1876.

PRESENT :

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

On the recommendation of the Honourable the Minister of Marine and Fishories
and under the provisions of the Act passed in the Session of the Parliament of

»m1*'^?^.¥''^ ^" *^® ^^^^ y^^^ "^ Her Majesty's reign, chaptered 60, and known as
" The Fisheries Act," —

His Excellency, by and with the advice of the Queen's Privy Council for Canada,
has been pleased to make the following Fishery Regulations:

" No person shall fish for, catch, kill, buy, sell or possess any lobsters between
the 10th day of July and the 20th day of August in each year.

"Female lobsters in spawn or with eggs attached, soft-shelled and young lob-
sters of less size t.h.nn nine inches in length, measuring from head to tail, exclusive
of claws or feelers, shall not be at anytime fished for, caught, killed, bought, sold or
possessed, but when caught by accident in nets or other fishing apparatus lawfully

MARINE AND FISHERIES.

UBod for other fisli, lobstois in spawn or with eggs attached, soft-shelled and young
lobsters of a less sizo than nine inches, shall be liberated alive, at the risk and cost
of the owner of the net or apparatus, or by the occupier of the fishery, on whom in
every case, (shall devolve the proof of such actual liberation, '

His Excellency has also been pleased to order that the Regulation passed on the
23rd of April, 1874, respecting " Lobster Fishing " bo and the same is hereby
repealed. •

W. A. HIMSWORTH,

Clerk, Privy Council.

GOVERNMENT HOUSE, OTTAWA,

Friday, 19th day of May, 1876.

PRESENT ;

HIS BXCBLLBNCY THE GOVERNOR-GENERAL IN COUNCIL.

On the recommendation of the Honorable the Minister of Marine and Fisheries
and under the provisions of the 19th section of the Act passed in the session of the
Parliament of Canada, held in the 3l8t year of Her Majesty's Reign, chaptered 60
aiTd known as "The Fisheries Act," His Excellency, by and with the advice of the
Queen's Privy Council for Canada, has been pleased to order, and it is hereby
ordered, that the first paragraph of the Fishery Regulation adopted by the Governor-
General in Council, on the 20th ultimo, relating to the lobster fishery, be and the
same is hereby amended by substituting therefor the following : —

" No person shall fish for, catch, kill, buy, sell or possess^any lobsters, between
the 10th day of August and t»ie 20th day of September in each year "

W. A. HIMSWORTH,

Clerk, Privy Council.

GOVERNMENT HOUSE, OTTAWA,

Saturday, 26th day of May, 1877.

PRESENT :

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

On the recommendation of the Honourable the Minister of Marine and Fisheries,
and under the provisions of the Act pae*'ed in the session of the Parliament of
Canada, held in the Slst year of Her Majesty's Reign, chaptered 60, and known as
"The Fisheries Act,"--

His Excellency, by and with the advice of the Queen's Privy Council for Canada,
has been pleased to ordei-, and it is hereby ordered, that the Fishery Regulation
adopted by the Governor-General in Council on the 19th May, 1876, relating to the
lobster fishery, be rescinded and that the following be substituted therefor :—

" In the provinces of Nova Scotia, Prince Edward Island and that part of the
province of New Brunswick, comprising the counties of Charlotte, St. John and
Albert, no person shall fish for, catch, kill, buy, sell or possess any lobsters from the
Ist to the Sist day of August in each year.

" And in that part of the province of New Brunswick comprising the counties
of Westmoreland, Kent, Northumberland, Gloucester and Restigouche, together
with the province of Quebec, no person shall fish for, catch, kill, buy. sell or possess
any lobsters from the 20th day of August to the 15th day of September in each
year."

W. A. HIMSWORTH

Clerk, Privy Councih

L0B8TEE INDUSTRY OF CANADA. 17

GOVERNMENT HOUSE, OTTAWA, .

Thursday, 13lh day of March, 1879.
present:
HIS EXCELLENCY THE C^OVERNOR-GENERAL IN COUNCIL.

On the recommendation of the Honourable the Minister of Marine and Fisher-
Jhl' vlr^'\'^^ provisions of the 19th section of the Act passed in the ession of

II.s Excollency, by and with the advice of the Queen's Privy Council for Canada

Ltion'h^ tTth** '^ ^'^^'-'.^''d it is hereby ordered^that the following fishery r^u-'
lalion be, and the same is hereby made and adopted :—

Lobster Fishery.

rn.n'*'!' rt?u* 9'i^®''''- '" ^P""'''* '■^'''^'"S *<^ the iobstery fishery are herobv
rescinded, and the followm^ substituted therefor:— "^-luuy

^cn}' i" 1^", P"!i^.^^",**l'' province of Novti Scotia, comprising parts of the Counties
of Cumberland and Colchester, on the Bay of Fundy, the Counties of Hants Kinfl-'s

RiTr' h' {^'g V?""""*? '^>''^^"^^"««"'^' Lunenburg, Halifax, Guysborou|h:
Richmond, Cape Breton and Victoria ; also in the Province of New Brunswick com
prising part of the County of Westmoreland, on the Bay of Fundy, and Se CoinS

iLl^T'-fu "l^f" r"? ^'>"»-H"«' " ^'"*" »>« ""'^«^f"i to fish fo^, catch, kill buy
sell or (without lawful excuse) possess any lobsters from the Ist day of August to
the Ist day of April in each year. *^ 6 •'> '^^

2. In that part of the Province of Nova Scoti», comprising the Counties of
Inverness AntigonishPictou and parts of Colchester and Cumberland, on Northum
beHand Stra^; and that part of the Province of New Brunswick, c;mprising the
Counties of Westmoreland (in part), Kent, Northumberland, Gloucester and Rest!-
gouche; also in the Prov'inces of Quebec and Prince Edward Island; it shall be
unlawful to fish for catch kill, buy, sell or (without lawful excuse) possess anj
lobsters from the 20th day of August to the 20th day of April in each yLr ^

f >n, i LV^ ^ unlawful at any time to fish for, catch, kill, buy, sell or possess any
female lobsters in spawn or with eggs attached, soft^shelled, or any young lobster!
less size than nine inches m length, measuring from head to tail, exclusive of
claws or feelers; and when caught by accident in nets or other fishing apparatus
lawfully used for other fish, they shall be liberated alive at the risk and^ cosfof the
owner of the net or other apparatus or by the occupier of the fishery, on either of
whom shall devolve the proof of such actual liberation.

W. A. HIMSWORTH,

Clerk Privy Council.

GOVERNMENT HOUSE, OTTAWA,

Saturday, Hth day of December, 1887.

PRESENT :

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

On the recommendation of the Miiister of Marine and Fisheries, and under the
provisions of the 16th section of chapter 95 of the Revised Statutes of Canada inti-
tuled " An Act rcspec'ing Fisheries and Fishing,"— '

His Excellency in Council has been pleased to order, and it is hereby ordered
that the fishery regulation relating to the lobster fishery adopted by the Order in
Council of the 13th March 1879, be, and the same is hereby rescinded, and the fol-
lowing adopted in its stead: — '

10d~2

M.;

i 'flj

ifl

^T'''!t'^^|

--^-^^^^H

i^:;i^l

fwm

I^H

MARINE AND FISHEBIK8.

1. On that purt of the coast of the Atlantic Ocean extending from Cape Cunso
westward, and following the coast line of the Bay of Fundy to the United States'
boundary line, it shall be unlawful to fish for, catch, kill, buy, sell or have in posses-
sion (without lawful excuse) any lobsters between the 1st day of July and the 3l8t
day of December, 1888.

2. In the remaining waters of the Provinces ofNova Scotia and New Brunswick,
and in the waters of Prince Edward Island, and Quebec, (including the Magdalen
Islands and Anticosti), it shall be unlawful to fish for, catch, kill, buy, sell or have
in possession (without lawful excuse) any lobsters between the 15tn day of July
and the 31st day of December, 1888.

3. ^t shall be unlawful at anj* time to fish for, catch, kill, buy, soil, expose for
sale or have in possession any berried or soft-shell lobsters, or any lobster under
nine inches in length, measuring from head to tail, exclusive of claws or feelers, and
when caught in fishing apparatus in legal use, they shall be liberated alive by the
proprietor, owner, agent, tenant, occupier, partner or person actually in charge,
either as occupant or servant, on each of whom shall devolve the proof of such
actual liberation, and each of whom shall be deemed to be jointly and severally liable
for any penalties or moneys recoverable uiidor the Fisheries Act or of any regula-
tion made under it.

JOHN J. McGEE,

Clerk, Privy Council,

GOVERNMENT HOUSE, OTTAWA,

Thursday, the 25th day of April, 1889.

PRESENT :

HIS EXCELLKNCY THE GOVERNOR-GENERAL IN COUNCIL.

His Excellency the Governor-General in Council undei- the authoiity conferred
upon him by section 16 of "The Fisheries Act," chapter 95 of the Revised Statutes
of Canada, has been plea^sed to order, and it is hereby ordered, that the regulations
relating to the lobster fishery, established by the Order in Council of the 26th
March, 1889, be and the same are hereby cancelled, and the following regulations
established instead thereof: —

Lobsters.

1. On the part of the coast of the Atlantic Ocean extending from Cape Canso
westward, and following the coast line of the Bay of Fundy to the United States' bound-
ary lino, it shall be unlawful to fish for, catch, kill, buy, sell or have in possession
(without lawful excuse) any lobsters between the 1st day of July and the 31st day of
December in each year.

2. In the remaining waters of the Provinces of Nova Scotia and New Bruns-
wick, and in the waters of Prince Edward Island and Quebec (including the
Magdalen Islands and Anticosti), it shall be unlawful to fish for, catch, kill, buy, sell
or have in possession (without lawful excuse) any lobsters between the 15th day of
July and the 31st day of December in each year.

3. Itshall be unlawful at any time to fish for, catch, buy, kill, sell, expose for sale,
or have in possession, any berried or soft-shell lobster or lobsters, or any lobster or
lobsters under nine and one-half inches in length, measuring from head to tail, exclusive
of claws or feelers, and when caught in fishing apparatus in legal use, they shall be
libeiated alive by the proprietor, owner, agent, tenant, occupier, partner or person
actually in charge either as occupant or servant, on each of whom shall devolve the
proof of such actual liberation, and each of whom shall be deemed to be jointly and
severally liable for any penalties or moneys recoverable under the Fisheries Act or
■of any regulation made under the said Act,

JOHN J. MoGEE,

Clerk, Privy Council.

LOBSTER INDU8TRT IN CANADA. jg

GOVERNMENT HOUSE, OTTAWA,

Wednesday, the 28th day of Junuaiy, 1891.

PRESENT :

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

Whereas it is considered expedient that sub-section c of section 5 of the
1880?Ln'f^«^^pT'"n"° P'r^'-ibod by the Order in Council of the 18th July,
1889, chapter 69 of the Consolidated Orders in Council of Canada, which enacts that
It shal be unlawful at any time to fish for, catch, kill, buy, sell, expose for sale or
have in possession any berried or soft-shellod lobster or lobsters or any lobster or
lobsters under nino and one-half inches in length, measuring from head to tail ex-
clusive of claws or feelers, should be amended by making the legal ^xzq for lobsters
nine inches, instead of nine and one-half inches, as at present —

Therefore Ills Excellency, under the authority conferred upon him by "The

o!il''Vf- ' P^"P*M?''^ n *''^ ^^^'^"'^ ^'^*"t°«' "'"^ ^y «"J «^i^'' th« «dvioJ of the
Queen s Privy Council for Canada, is pleased to order that sub-section c of section 5

t Sf„ -'iT'f ^""^""i '" ^u''""'''' ^^^^^'^ ^^^^ J'^'y- 1^83. a« ^v«'l "8 any other Order
r.u ^"* ^^X ^'T ^^^" P'*''**''^ '« ^*^® "'»™« effect, as such sub-section c, shall
bo and iiie same is hereby amended so as to read as follows •—

Fr.. 1^'^ \ '^'*'' ^^ ""'"r'^ul at any time to fish for, catch, kill, buy, sell, expose
or sale, or have in possession, any berried or sofl-shelled lobster or lobsters or any
lobster or lobs ers. under nine inches in length, measuring from head to tail exclusivi
of claws or feelers and when caught in fishing apparatus in legal use, they shall be
liberated aliv-e by the proprietor, owner, agent, tenant, occupier, partner or person
actually in charge either as occupant or servant, on each of whom shall devofve the
proof of such actual liberation, and each of whom shall be deemed to be jointly and
severally liable for any penalties or moneys recoverable under the Fisheries Act or
ofany regulation made under the said Act." -n-^^ oi

JOHN J, McGEE,

Clerk, Privy Council.

GOVERNMENT HOUSE, OTTAWA.

Wednesday, the 25th day of May, 1892.

PRESENT :

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

• ^*uT^, '^\ ^^^ ^®®" represented to His Excellency that on account of the small
aize of the lobsters on a certain section of the coasts of the Province of Prince
Edward Island, the enforcement of the size limit of nine inches provided by the
existing regulations would effect a practical closure of the lobster canneries of that

And whereas it is also represented thai the addition of fifteen days to the close
season for lobsters on these coasts would be a fair equivalent for the suspension of
the size limit, as the number of lobsters that would thus be saved from the pack
during the present season would work as effectual a means for the preservation of
the lobster as the enforcement of the size limit during the whole open season —
Ar.t"ohS^it"T/if therefore pleased, under the provisions of "The Fisheries
PviLn P M / of the Revised Statutes, and by and with the advice of the Queen's
Puyy Council for Canada, to order that section 4 of the General Fishery Regulations

fh«18^tf, H^l'"'f f.^^"Q«Q^'*r'1H^i'^^«"\^'^^^^ by the Order in Council of
the 18th day of July, 1889, chapter 73 of the Consolidated Orders in Council of
Canada as well as the regulation affecting the lobster fishery established by the

2flf' %fr''^ ""l *??. ^^S" ^.*y of J«°«a'7. 1891. so far aJ they relate to that
poitiou of the coast of the Province of Prince Edward Island, extending from Cape
Traverse man eastwardly and northwardly driection to East Point, thence in a west-
wardly direction to the north side of North Cape, and to that portion only, shall be
and the same are hereby suspended, and within the said limits no person shall fish
lOd — 2J

'1^

• iifel

a.,£;l

MARINE ADD FISIIERIKS.

for, catch, kill, buy, eell or have in posBeHHion (without lawful oxcubo) any lobsters
between the firat day of July one thousand eight hundred and ninety-two and the first
day of January, one tbouaand eiifht hundred and iiinety-throo.

JOHN J. McGEE,

Clerk, Privy Council.

KEVI8KD 8TATGTEM OF THE 8TATK OK MAINE.

Lobster Fishery.

Sec. 19. — There whall be a close time for lobsters between the 15th day of
August and November, during which no lobster shall ho fished for, taken, caught,
killed, bought, sold, exposed for sale, or in possession, in cars, pounds or otherwise,
under a penalty of fifty dollars for the offence and one dollar for every lobster so
taken, caught, killed, bought, sold, exposed for sale, or in possession as aforesaid.

Sec. 20. — No pei-son or corporation shall can or preserve any lf)l:stor3 between,
the 1st day of August and the following April under a penalty of five dollars for
every lobster so canned or preserved, and a further penalty of three hundred dollars
for each day on which such unlawful canning or preserving is done.

Sec. 21. — It is unlawful to fish for, catch, buy, sell, expose for sale, or possess,
for canning purposes or otherwise, between the Ist day of April and August, any
female lobster in spawn or with eggs attached, or any young lobster loss than nine
inches in length, measuring from head to tail extended, exclusive of claws or feelers,
and such lobsters when caught shall be liberated alive at the risk and cost of the
party taking them, under a penalty of one dollar for each lobster so caught, bought,
sold, exposed for sale, or in possession, not so liberated.

The above provisions wore amended by chapter 275 of the Public Laws of the
State of Maine, passed in 1885, which roads as follows: —

Sec. 1.— Section in of chapter 40 of the Revised Statutes is hereby amended so
that as amended it shall read as follows : —

"Sec. 19. — There shall be a close time for lobsters between the 15th day of
August and the Jst day of October, during which no lobster shall be fished for,
taken, caught, killed, bought, sold, exposed for sale, or in possession, in cars, pounds
or otherwise, under a penalty of fifty dollars for the offence and one dollar for every
lobster so taken, caught, killed, bought, sold, exposed for sale, or in possession as
aforesaid ; Provided, however, that the provisions of this section shall not apply to
any person taking lobsters not less than ten and one-half inches in length for the sole
use and consumption of himself or familjjr."
20 of said chapter is he
read as follows : —

" Sec. 20. — No person or corporation shall can or preserve any lobsters between
the 15th day of July and the Ist day of the following April, under a penalty of five
dollars for every lobster so canned or preserved and a further penalty of three hun-
dred dollars for each day on which s"ch unlawful canning or preserving is done."

Sec. 3. — Section 21 of said chapter is hereby amended so that as amended it
shall read as follows : —

" Sec. 21. — It is unlawful to fish foi-, catch, buy, sell, expose for sale or possess
between the Ist day of October and the 15th day of the following August, any
female lobsters in spawn or with eggs attached, or any young lobster less than lOk
inches in length, measuring from head to tail extended, exclusive of claws or feelers,
and such lobsters when caught shall be liberated alive at the risk and cost of the
party taking them, under a penalty of one dollar for each lobster so caught, bought,
sold, exposed for sale, or in possession not so liberated. Provided, however, that
from the 1st day of April to the 15th day of July it shall be lawful to fish for, catch,
buy, sell, expose for sale, or possess for canning and all other purposes, any lobsters
not less than 9 inches in length, measured as aforesaid, but not including female lob-
sters in 8T>awn or with ecgs attached/'

Present close season for lobsters in Maine is from the 16th August to the 1st
October.

Minimum size of lobstei-s is 10^ inches.

Sec. 2. — Section 20 of said chapter is hereby amended so that as amended it shall

I-0B8T1B INDUSTRi' or CANADA.
neVISED 8TATUT18 OP THE 8TATB OF MASSACHUSETTS.

Lobster Fishery.

Sec 81.— VV hoover, from the 20th day of Juno, to the 20th day of September
takes a lobhter, shall be minished for each offence by a Hne of not Iosb thai! ton or
more than one hundred dollarw, or by imprisonment in the llouso of Corroction for
not less than one or more than three months ; but a person catching a lobster when
lawlully fishinK and immediately returning it alive to tho waters ti-om which it
was taken, shall not bo subject to such penalty.

See. 82.— Whoever, from the 20th day of June to the 20tb day of September
buys, Hells or iias in po8so88i.)n a lobster, taken in this Commonwealth, shall forfeit
fcr each offenco not less than ten or more than fifty dollars.

Sec. 84.— Whoever soils or otters to sell, or has in his possession with intent to
soli, euher directly or indirectly, a lobster less than lO.V inches in len/,'th, measurink'
from one extreme of the body extended to the other, exclusive of claws or feelers
shall forfoit five dollars for every such lobster, and in all prosecutions under this
section the pussession of any lobster not of the reiiuirod ionifth shall be prima fade
evidence to convict.

The above sections were amended by (he Act of 1886 which provides that :—

"Sections 81 and 82 which regulate the catching of lobsters aro amended by re-
ducing tho time from June 20th to September 20th, to the month of July, andchanu-
ing " lobster " to " female lobster bearing eggs."

Sec. 84.— The possession of a lobster under the legal size is punished, the words

' with intent to soil," being stricken out. Mutilation affecting the length ih prima

facie evidence that the lobster is under the legal size. The commissioners of inland

fisheries, with tho assistance of tho district police, have power to enforce the law.

The fish commissioners, either nersonally or by deputy, and the district police^
detailed for that purpose, may search suspected places for, seize and remove lobsters
taken, held or offered for sale illegally.

Present close season for lobsters in Massachusetts is from Ist to Slst July.

Minimum size of lobsters is 10| inches.

s.-

MARINE ANI> KIHIIEniEH

APPKTSTDIX C.

THE UXITKD STATiS LOBSTER FISIIKUY.

Tho UnH*;l (il«( lobstor tishory has liiid bmiK ** ropid growth, that tho de-
mundH upon it have txu "ilod itn capacity. Tho totu, ateh incroawod from yoai* to
year, but mo did the nuinbor of tiHhurmen and tho number of trap.s, ovon in tho
greater proportion, and tho i^roundM have been enlarged until thoy now cover an
exceedingly broad area and extend into doeper water than wbh over droamt of in
connection with this flHhory. The docioase in tho avorpge catch per trap and man,
as well as in the yearly earnings, and average size of lobsters, ha- kept pace with
tho increase in the fishery ; the inshore grounds in many places have boon nearly
depleted, and in Momo of tho deeper areas, tho lobsters are so much .-icatterod that
it IS no longer profitable to set the traps in trawl fashion.

Tha following figures and data, which uro compiled from tho United States
Census returns for the year 1880, give an accurate idea of the yield and value of tho
lobster fishery. They tell their own Inle and require no further comments, except
a simple assertion that tho stato of comparative decay into which the lobster indus-
try of certain States had already fallen, and its completo exhaustion in others,
ia evidently duo to the same causes which have worked similar results in Canada,;
that is to say, overfishing.

From the United States census returns for the year 1880.

RECAPITULATION.

Htut.'.

Lolwter
Trapn.

liOliHtern,
FreHh.

Ii<il)HterK,
Caiiiiefl.

liiilk.

Value
FreHh.

Value
Cuniied.

Maine ,

New Hninimhire

\lAHHllchllHettH

No.

104,4(15

1,80(1

:«,9!Mi

2,867

3,!)00

LIh.

4,739,898
2.J0,000

4,605,771
423,260
723,885
136,000
15(i,800
160

Lbs.
9,455,284

CaiiD.
1,831,211

173,796

7,600

172,746

16,871

27,146

5,062

5,880

238,253

Kliudo Ifilnii(l

New York

New .TerHey

Delaware

147,018

10,934,761

9,466,284

1,831,211

408,005

238,253
408,005

: 1

r4H.i:58

ISSY— Canada.

Nova Scotia

New HniiiBwick

•80,000
118,116 t
•100,000
•45,000

.3,046,000
7,300.000

6,688,923

2,630,6.59

2,009,107

857,098

+5,225,631

262,326
109,500

802,670
316.667

Prince EdwanI Island

Quel)ec

241,092
102,861

Total

'<■«,! 1^

10,.346,000

12,186,687

.->,326,631

371,826

1,402,280
371,826

1,834,106

•Approximately.

Appro
tAlive.

tdllBTER INDUHTRY or CANADA. Jg

8TATHTICAL 8TATEIIKNT9 re c NADIAN I.onMTKR IND' .Tlt\
The following tublos Hhowinf? the vahn ,,l fiHhing plant etc., -oil h« the yield
and vnliio of tho lob«lrr H8hory in CanaoH, neud no commonts. They Hhow at »
j^lanco the immonHO d«\ iopincnt of this In mstry. From (J 1, 100 pound cuhm which
It prmluoed in 18«1», it haw grown to 14,285,157 pounds in 1H!M. During tho Name
period the value of both oannod and fronli lobstorM r's< from, $15,275 to S2,2.'»^,42l.
In Prince Kdward iHland alone, the nu .'iher of fmioricH which was only 35 in
18711, haH incroaHid to 212 in 18!t2, and it in holievod that this number was HtitI
augmented l)y Movoral now factorioM laat year.

.Statistical Statements in connection wiih the Lobstor Fishery.
Re number of Fuctories and Traps.
TI.JM information can be supplied in a complote manner only for 1890 and 1892.

Number of Factories ;j;o g26

Number of Traps 5B3,0(J8 768,479

NuMBEK of Cunnurius in the ditl'eiont ProvinceH.

!•#

V.Mir.

I'pinciHl Kcl- NVw , , ,

warii IhIhikI.! UrmiHwitk. , '/""''<'^'

18!»2.

IHltl.
lHiH». ,
IHKil.
1H«H,
1H87. .
IKWI. .
1HK">.
1MH4.
1KH3
1H82. .
IHSl .
1S«<»..
1H7!».

212

IMi

41!

142

u;i

4tl

!IM

IO«i

.;«

not ^ivi'ii.

7!t

7r.

;v.

VM\

12M

4.^

1»)

not K>v*'ii.

U.J

15!»

;«

not K>v*'ii.

not ki

veil.

.lo

(III

ii«

IMI

<lo

>*<-oti».

1H2
it Riven.

tas

'I Kiveii.
lo
<lo
>lu
do
((<>
(In
(lo

do
do
do

The total number of lobster traps not being regularly given by tho different
'nspoctora, it is impossible to make a general statement of number of traps ;—

For last year (1892) tho numbei- of traps was 768,479.

For the year 1891, it was 547,788.

For the year 1890, it was 553,068.

For tho year 1888, it was .50^,250.
That is, over half a million traps used annually.

Table of the yield and value of lobsters in Prince Edward Island.

One pound cann.

No.
3(i2,(i7«

l,li49,<»00
2,272,825
3,551,050
fi,312,8<>5
5,108,720
3,844,.573
4,336,655
4,380,180
3,01fi,780
2,009,107
1,44«,227
2.000,047
2,416,704
3,670,414
2,819,.-)72

Vrtllie.

8
43,521

32«,!HiO
4t>4,.5«5
710,210
l,2l!2,.573
1,03!»,744
4«!l,.*Ma
520,398
526,702
434,013
241,092
17.S,547
217,313
290,015
513,a57
3!M,739

MARINE AND FISHERIES.

Table showing the number of lobster traps ; also, yield and value of lobsters in New
' . Brunswick since 1883.

■^

Quantity of lob»ti'r«.

No. of traiM). •

Cans.

Tonn.

1883

82,043

4,042,954

925

1884

105,984

5,662,072

1,709

1885

127,488

■ 5,236,252.

3,111

1886

139,236

4,661,812

4,290

1887

118,115

2,630,.-).59

3,650

1888

84,013

1,843,368

1,948

1889

93,114

1,800,573

1,036

1890

118,.593

2,.m5,25«

1,014

1891

140,518

3,330,120

922

1892.

172,022

3,204,3W

•

1,132

Total value.

634,193

900,580
878,767
827,971
425,167
334,945
247,118
333,9(i0
503,09(>
493,804

Note. — New Brunswick in gfiven for conii>ari8on purixxtes, ax in no other province is the nunibei'
traiM regularly mentioned.

Table showing the yield and value of the lobster fisheries since 1869, in Canada.

Note.— Lbs. includes the number of cans and quantity shipped alive or fresh.

Lobsters.

Lb.s.

Value.

1869

1870...,

1871

1872

1873

1874

61,100

591,500

1,130,000

3,565,863

4,864,993

8,117,^1

6,514,.S80

5,373,088

8,086,819

10,714,611

10,244,329

13,105,072

18,576,523

20,818,730

17,084,020

22,063,283

37,29!),036

33,758,421

30,369,687

22,173,773

21,131,233

25,^55,984

26,909,157

24,580,498 ^

15,275
92,575
282,500
882,<J33
1,214,749
2,022.581
1,638,659
795,082
1,2W,085
1,689.681
1,650,290
2,143,312
2,955,861
2,849,705
1,949,253
2,.S51,859
2,613,731
2,638,394
1,834,108
1,483,388
1,484,488
1,648,344
2,252,421
l,99(i,725

1875..

1876

1877

1878

1879

1880 •

1881

1882

1883

1884

1885

1886

1887

1888

1889

1890

1891

1892

1^"^

.ir'

rs in New

tftl value.

(}34,1{I3
!)(M),58«
878,767
827,!)71
425,167
334,945
247,118
333,0()0
503,0!«)
493,804

number i)f

I!anada.

5,275
2,575
2,5<J0
2,ta3
4,749
2.581
8,()59
5,082
.S,085
9.(i81
0,290
3,312
5,8()1
9,705
9,2.53
1,859
3,731
8,394
4,108
3,388
4,488
8,344
2,421
6,725

LOBSTER INDUSTRY OF CANADA. 28

Table showing the total yield and value of the Lobster Fishery from 1869 to 1892.

Years.

Lobsters preserved.

1869 .

1870.

1871

1872.

1873.

1874.

1875.

1876.

1877.

1878.

1879 .

1880.

1881.

1882.

1883

1884..

1885 ,

1886 ,

1887 .
1888..
1889 . .
1890..
1891 .
1892.

Number of cans.

61,100

591,500

1,130,000

3,565,863

4,864,993

8,117,221

«,.514,380

5,373,088

8,086,819

10,714,611

10,244.3*)

13,10,5,072

17,4!M),.523

16,808,730

13,364,020

15,933,283

17,.303,038

16,434,421

12,185,687

9.597,773

10,(537,233

ll,i»9,984

14,285,1.57

12,524,498

//'

Value.

15,275
!>2,575
282,.500
882,633
1,214,749
2,022,581
1,6.S8,659
795,082
1,21.3,085
1,689,681
l,650,2iM)
2,143,312
2,939,221
2,780,445
1,889,265
2,259,892
2,463,780
2,356,659
1,462,282
1,207,033
1,276,468
1,.387,198
1,999,921
1,758,425

-f

Lobsters sliipiied alive I
or fresh. '

Total Value.

Tons.

Value.

543

2,005
1,860
3,065
4,998
8,662
9,092
6,288
■ 5,247
6,748
6,312
6,028

16,640

69,210

59,988

91,967

149,951

281,7.34

371,82(i

276,.3.54

208,020

261,146

252,500

238,300

■^^ :( .^^rl

15,275
92,575
282,500
882,633
1,214,749
2,022,.581
l,ta8,659
795,082
1,21.3,085
l,689,(Wl
1,650,290
2,143,312
2,95.5,861
2,849,705
1,949,2.53
2, ,351, 8,59
2,61.3,731
2,638,394
1,834,108
1,483,388
1,484,488
1,648,344
2,252,421
1,996,725

t^"^

MARINE AND FISHERIES.

/|i'

APPENDIX D.

EXTRACTS re LOBSTERS, PROM DBPARTMF']NTAL RRPORTS BY
DIFFERENT FISHERY OFFICERS.

Supplement No. 2, Fishery Statements, Report of W, H. Rogers, Inspector
of Fisheries for Nova Scotia, p. 3.

15th Animal " I would not recommend any e.xtension of the open Beason for these

Kt'irt. Dcpt.of fiah, if any such change is contemplated. I would, on the contrary,
Fi"lieri<r' strongly recommend that for the future in this province a close season
1S82. ' of two months be required, for during most of that time thoy are really
unfit for food and ought not to be packed."

Supplement No, 3, Fishery Statements, Report of W. Wakeman, Com-
mander Fishery Steamer, " La Canadienne," Quebec, p. 77.

Ibid. "The run of lobsters is much smaller than formerly, the limit of 9

inches is being very closely measui'ed ; in fact complaints are made that
the law is sometimesf broken in this respect, and unless we have an over-
seer at each cannery, it will be difficult to carry out the law thoroughly.
It seems to be the opinion of most of the lobster fishers, that a more
proper time for the close season would be from the middle of July
to the middle of August. There is no doubt that lobsters tf<ken in
September and October, are in better condition than those taken during
the end of July and August. It might be well at the Magdalen Islands
to try this change. The extension of time this season was not very
generally availed of."

Supplement No. 2, Report on the fisheries of Canada, Report of W. H.
Rogers, Inspector of Fisheries for Nova Scotia, p. 25.

16th Annual " There are nevertheless many evidences that the natural source of

Rept. Dept. of supply is being overtaxed, and I fear a few years more will bring to view
Marine and immistakeable proof of an exhaustion which will be alarming. On those
portions of the coast where factories have existed for any length of time,
the lobsters are much smaller than formerly — a sure evidence that the
locality is being over-fished; and such is the state of matters now on a
very large extent of coast. If any change is to be made, I would recom-
mend that a uniform close season be fixed from the 20th July to the end
of August or 10th September, as during that period many lobsters are
shedding their shells, while all are really unfit for food and ought not to
be put on the market."

Supplement No. 3, same Report, Report of W. H. Venning, Inspector of
Fisheries for New Brunswick, p. 71.

Ibid. " The present close time extends from 20th August to the 20th April,

a period of eight months. Soft shelled lobsters, those with eggs attached,
and all less than 9 inches in length, are now forbidden to be killed.
With all this protection, the fishery shows indisputable signs of exhaus-
tion. XoL only is the supply falling, but the average size has fallen
below 9 inches. Had the law been rigidly enforced this season, every
cannery in the province would have been closed."

Fisheries,
1883.

LOBSTER INDUSTRY OP CANADA.

S BY

, Inspector

n for these
contrary,

ose Boason
are really

an, Com-

77.

limit of 9
made that
ve an over-
loroughly.
at a more
!e of July
1 tftken in
:en during
en Islands
I not very

of W. H.

1 source of
ingtoviow
, On those
jthof time,
le that the

now on a
uld recom-

to the end
)bsters are
ight not to

inspector of

20th April,
;« attached,

be killed,
of exhaus-

hae fallen
ison, every

Supplement No. 2, Fisheries Department Report, Report of W. H. Rogers

Inspector of Fisheries for Nova Scotia, p. 79. ' *

"There is some differences of opinion as to the proper close time Annual
for lobsters. It is quite certain that, during five or six weeks in mid- Kent. Dept. of
summer they are unfit for food, the time varying from two to three ^4 "'"'
weeks, between the extreme east and west of the province. I am of the
opinion that a uniform close time of six or seven weeks, from the 20th
July to the end of August, or 25th July to 5th September, would be pre-
ferable to the present law. This would give those fishermen, on coasts
obstructed with ice late in the spring, an opportunity to fish some six
or seven weeks in the fall months, when the fish are perfectly good."

Same Supplement, Report of A. C. Bertram, Fishery Officer for Cape

Breton, p. 95.

" T respectfully submit that the close season for lobster fishing might, Ibid,
with very much advantage to those engaged in the business, and with no
injury to the fishing itself, be extended' to, at least, the 21st of August,
and I venture to recommend that the 'close season ' for the shores of
Cape Breton be extended accordingly."

Appendix No. 3, Report of the Department of Fisheries. Annual Report of
W. H. Rogers, Inspector of Fisheries for Nova Scotia, p. 86.

"The present close timegivesprotty general satisfaction, and is well Annual
observed. It is not so easy 10 enforce the clauses prohibitinir the §??*• P'^i''^-"^
catching of lobsters under 9 inches in length, and of female fish; still 1^^'''"'
our officers have kept a close watch on the factories and fishermen.
When it is shown that the piesent regulations are insufficient, more
stringent methods will have to be adopted, for however unwelcome they
may be to those now concerned, it will be to their advantage in the end."

Appendix No. 5, Report of Comdr. W. Wakeham, Quebec, p. 176.

" I should advise dividing the coast into sections and licensing the ibid
grounds; already at the Magdalen Islands and in the bay, much confu-
sion and a good deal of bad feeling exists among the fishermen, as the
lines of traps in many places cross and interfere with each other, this
can only be pi evented by licensing the grounds."

Appendix No. 3, Report of W. H. Rogers, Inspector of Fisheries for Nova

Scotia, p. 85.

" Lobsters have been plbntiful on most of our coast but show unmis- Annual
takable evidence of exhaustion in many places from over-fishing. More Kept. Dept. of
stringent regulations are much needed to preserve this fishery from f^g ""•
sharing the same fate that has overtaken it in other countries. I would
recommend a close time extending from 20th July to 10th September,
and to be made uniform all around our coast, and that none be taken
less than 10^ inches."

Appendix No. 3, Report of A. G. Bertram, Fishery Officer for Cape Breton,

p. 97.

"It is probable that this branch of fishery has attained about the Ibid,
limit of expansion, and henceforth care will have to be exercised,' as far
as practicable, that the amount of fishing will not exceed the possible
limits of production. Experience has now proved thig tn be not only a
profitable branch of the fishing industry, bui that it is more uniformly
reliable than most other coast fisheries, so long as the source of supply
is not too heavily drawn upon."

MARINE AND FISHERIES.

Appendix No. 4, Report of W. H. Venning, Inspector of Fisheries for New

Brunswick, p. 146.

Annual Kept. "The returns still show an enormous catch of this shell-fish, the

wteH,'{«84.' ' average size of which continiies to diminish."

Appendix No. 5, Report of J. H. Duvar, Inspector of Fisheries for Prince
Edward Island, pp. 175, 17H and 177.

Ibid. " The lobster fishery has taken another year's step towards its early

extinction. More factories have been in operation (with still more
threatened for next year), many more traps have been set and greater
exertions made, with the result of 772,409 fewer cans. There is now a
total absence of largo fish, while the great bulk of those canned barely
reach the standard of 9 inches, thereby placing the fishery officers in
the unpleasant dilemma of either being powerless or having to shutdown
every factory in the province, with it may be one or two exceptions.

"The circumstances of the fishery are changing year by year. It
is now no longer a question of regulating a legitimate occupation, but of
dealing with a ruined industry.

"The Inspector in previous reports has repeatedly drawn attention
to the extreme desirability of having the lobster fishery brought within
the operation of the P'ishery Act, so that, under whatever name or form,

f>ackers could be assured ot an area in which they could carry on their
egitimate business without undue interference, and he has time and
again brought forward verbal and written evidence to show that almost
all the packers in this province were in favour of such a measure, and
that without it nothing but confusion and over-fishing would ensue.
While quite aware that no grant can be made nor any exclusive use of
any portion of tL> sea be given, his reading of the clause in section 18,

subsection 5 of the Act, that 'disputes between parties relative to

position and usage of nets and other fishing apparatus shall be settled
by the local Fishery Officer ' — was that the local Fishery Officer had
power to define the space required for the due use of fishing apparatus,
viz. : traps, against undue interference by others, and his opinion
(perhaps an erroneous one), was, and is, that such required space, as
laid down by the Fishery Officer, would be sustained in the ordinary
courts of law.

" In default of a present possibility of adjusting lines, it becomes a
matter of consideration whether it is not within the Minister's own
power, under section 2 of the existing Act, to require a considerable
annual license fee from all persons running lobster factories. The cases
of licensed fish-trapa and loDster-traps would seem to be parallel. Such a
license fee, if heavy enough, would have the effect of preventing the
crowding in of irresponsible small packers, and if it had that effect,
could not be objected to by the larger factory ownei-s, and would have
the further good result of turning the attention of adventurers, whose
only resources are a dory or two, to fisheries less heavily weighted.
Moreover, it would be the first step towards putting in practice the sound
maxim that fishery protection should be self-supporting."

Appendix No. 6, Report of Commander W. Wakeham, Fishery Officer,

Quebec, p. 197.

Ibid. "On the mainland canners are anxious to have the close season

changed. They wish to have it during midsummer, so that they can
continue fishing, during the fall, when lobsters are firmer, fuller and in
every way better. At Magdalen Tsiands, the majority of cannery are of
the same opinion. Some few who have their factories on the west side
of the Islands and who could not fish late in the fall owing to the

L0B8TEE INDUSTRY OP CANADA.

prevalence of westerly winds, might not benefit by the change, but even
they are of opinion that the close season should be during midsummer. '
I believe that lobsters are in primer condition towards the fall."

Appendix No. 3, Report of W. H. Rogers, Inspector of Fisheries for Nova

Scotia, p. 83.

"The present close season as set out in the new Order of Council of Animal K.|.t.
nth December, 1887, will be very favourable to this fishery. The new l**V'' "^
regulation is a wise one, though I think the close s ison should end on ikh:.''"'"'
the Slst October, thus giving three months, which appear ample."

Report of A. C. Bertram, Fishery Officer for Cape Breton, p. !>7.

•'There is a general impression that this fishery is being overdone I'.id.
to an extent that threatens its extinction at no distant date, and the
depression in the present year's prices points in that direction. It may
be said, however, that the greater quantity taken points to an opposite
conclusion. But it should not be forgotten that lobster canning factories
are multiplying yea'* by year, as well as the number of boats and men
engaged in the catcning.

" Whilst it is evident that some restriction of the business is neces-
sary in the public interest, hardship to any class of persons would pos-
sibly be avoided by adopting the following: —

" Ist. A standard regulation of minimum size, below which it would
be unHwful to kill lobsters, say 11 inches, and a strict supervision over
all uc lis arriving at the factories to see that this regulation is faithfully
obeyed ; no sale to take place until the lot has been inspected.

" 2nd. No factory to be permitted to go in operation except under
a license from the Department, and no license to issue to factories situated
within » given coast mileage from any other factory already licensed,
precedence to be governed by prioi-ity of application. Some such method
ot restriction would preserve the lobster fisheiy in perpetuity, and
avoid giving colouring to complaints on the ground of personal interest
to any party. The shortening of the open season would enable the
Department to fix upon such dates for opening and closing in each year
as would be adapted to all localities irrespective of differences in early
or late spring seasons. "

Appendix No. 4, Report of W. H. Venning, Inspector of Fisheries for New

Brunswick, p. 143.

" The returns show a most alarming decrease. In fresh fish the ibid.
falling off has been 1,252 tons. In canned fish 2,031,253 pounds, nearly
half the catch of last year. This decrease is caused entirely by scarcity
of fish, caused by over-fishing in the past."

Appendix No. 6, Report of W. Wakeham, commander Fisheries steamer

" La Canadienne," p. 187.

" It is absolutely necessary that stops bo taken to curtail this over- ibid,
fishing, and this can only be done either by closing down altogether for
a term of years, oi- by shortening the fishing season and incieasing the
gauge which should be no less than 10 or lOJ inches. At Magdalen
Islarfds and elsewhere, lagoon fishing should be prohibited, as there is
no question that the shoa! wai-m waters of these lagoons are the natural
breeding grounds of the lobstei-." '

Appendix No. 2, Report of W. IT. Rogers, Inspector of Fisheries for Nova

Scotia, p. 36.

" There is a small increase in the yield of this important item Annual Ke|.t.
(lobsters), caused by limited time in which to take them, given by the %'*• ^■'^'•'*-
law. They were very plentiful on most of the coasts and of a good size." *^'^'^*''

of Fi«h-

188H.

MARINE AND FISHERIES.

Appendix No. 3, Report of W. H. Venning. Inspector of Fisheries for New

Brunswick, p. 9*7,

Annual Rei it. " This fishery (lobsters) has almost ceased to be a remunerative

eriiH,!^.' industry in New Brunswick. As I have pointed out for the last ten years
in every report, this result was inevitable from the wasteful manner in
which the business was pursued. When the average size of the fish had
become so small that it took from five to six and a-half lobsterH to fill
a pound can, and when canners sought by increased production to
make up for low prices in over-stocked markets, what other result
could bo expected ? The following figures will show how rapid the
decline has been in the last five years. The catch was : —

CanN. TiiriM.

"In 1885 5,236,253 3,111

1886 4,661,812 4,290

1887 2,630,559 3,650

1888 1>843,363 1,948

" In 1880 there were 168 ' ictories in operation; in 1887 there were
''j, and this year only 75 have operated, many of these not running
full time for want of fis^. The report of the Commissioners appointed
to enquire into the decline and its causes, showed beyond doubt that
over-fishing was the cause of all the trouble, and that sufficient protection
had not been provided by the regulations. At that time fishing was
allowed only from 1st Api-il to 1st August, and all the facts collected
showed that this did not save the fish from growing smaller and
scarcer."

PRINCE EDWAED ISLAND.

EXHAUSTION OF THE LOBSTER FISHERY.

In his annual report for 1887, Inspector Duvar writes : " Setting apart all local
side issues, I may say that, along the whole 400 miles of island coast, lobster
canning is completely exhausted."

ON THE INEXPEDIENCr OP MAKING DIFFERENT CLOSE SEASONS FOR NORTH AND SOUTH

SIDES OF PRINCE EDWARD ISLAND.

The memorials addressed to the Department on this subject mainly emanate
from West Point, Prince County, and Point Prim, Queen's County. This can, at
best, be only regarded as the demand of fifteen factories out of thirty-five which are
situated on the south side of the Island. The thing is not to be thought of for one
moment, as any concession of this kind in a single instance would be sure to bring
in shoals of similar applications from other quarters.

IT IS THE DUTY OF THE GOVERNMENT TO RAISE THE STANDARD OF THE LOBSTER TRADE

IN FOREIGN MARKETS.

Owing to the inferior grade of goods prepared by some packers, the lobster
business is in great danger of being seriously imperilled. Canadian packed lobster
is at a very low ebb on English markets, so much so, that London green-grocers
will have nothing to do with Prince Edward Island lobsters on account of their
inferior quality. Some of the stock of 1886 is still unsold, owing to the poor
quality.

PACKERS WILL BE RUINED.'

No repressive regulation however beneficial it may be to the public at large,
can be carried without burling somebody. The lobster fisheries belong to the
public, not to the packei-s. It is the Government's duty to preserve them, not only
in the interest of the present generation, but in that of the future. The ri^ht of
fishery in the open sea may belong to the public, but the Government is trustee tor
the public, and it is its duty to protect and preserve such a valuable industry
against present as well as future contingencies.

LOBSTEH INDUSTRY OF CANADA.

poor

It may bo assorted without fear of contradiction, that most of the factories
-with 400 to fiOO traps are run absolutely without capital. A rough shanty a
lobster dory (worth about $8) for every 100 or 150 traps; nnne laths lo make traps,
and a few logs for firewood are all the implements required for a start. T^e
" packer " then arranges with some speculative merchant or other to supply him
with the balance of articles needed, such as tins, ropes, killocks, flour, pork, tea, &c.
The catch is handed to the merchant, who in turn passes it to the exporter, 'and
then squares accounts with the packer by endorsing his notes for such minimum
amounts as will keep the concern going. Wages are generally in arrear; some-
times balances due to the hands are never paid. The merchant gets the profit, if
any, and the packer makes little more than a bare subsistence. Under such cir-
cumstances it is manifest that the packer can feel very little interest in the kind of
goods he puts on the market. To him, a can is a can, worth G or 8 cents additional;
no matter whether it is trash. Such are some of the reasons which have given
Prince Edward Island lobsters so bad a name on British markets. And it is pre-
cisely these small factories that have ruined the lobster fishery, and just such a class
of packers who join any agitation that promises them longer fishing.

The shortening of the fishing season will act as a judicious check. Merchants
will be chary of making advances to irresponsible parties, and it is probable that a
good many of these small and destructive hand-to-mouth concerns will be wiped out
to the ultimate benefit of the fishery, and the advantage of responsible packers.

It is unnecessary to say that the above remarks do not apply to canneries
which are worked with due capital. The owners of these factories are quite alive
to the necessity of stringent protective measures.

"the poor fishermen will be ruined."

This popular cry has no reason to be. Closing the lobster fishery on the 16th
July will not injuriously affect the fishermen. Mackerel fishing begins on the 10th
or 15th July, and affords abundant employment for all hands. Cod fishing goes on
all summer until late in the fall. There is every indication that a profitable fall
herring fishery will soon be established on the Island shores. Agricultural labour
is in so groat a demand that no man need go unemployed.

Females working in lobster factories will take their place in domestic and farm
labour where a still greater demand exists for their services.

To the objection that lobster fishermen cannot engage in sea-fishing, because
they do not possess the necessary gear, it may be answered that, a supply of hooks,
lines and trawls is pot expensive, and that merchants who now make advances to
lobster fishers would only be too glad to furnish them with sea-fishing material on
the same terms.

Lobster factories can be used for other purposes than that of canning lobsters.
Large quantities of mackerel are annually so canned. In 1886, 679,584 tins of
mackerel were put up in Prince Edward Island. Boneless cod can be prepared, and
herring smoked. Salmon, eels, trout, oysters, clams, butcher's meat, game, corn,
tomatoes, fruits and berries of all kinds can be preserved in cans, so that the factories
need not stand idle, or close their doors, if they do not choose to do so. The stages,-
wharves, &c., can be made available for sea-fis'hing, while the buildings and outfit
stand re:. \- for the curing and packing of sea-fish. The lobster traps, placed under
proper cover, suffer no deterioration and can keep for a long time.

iii

'tUlm

32 MARINE AND FISHERIES.

NEW BRUNSWICK.

The Lobster Fishery for 1887.

Extracts from Reports of Fishery Overseers in New Brunswick.

qloucestbr county.

Overseer Hickson: — The lobster fishery continues to grow worse with every sea-
son. Each succeeding year finds the fish scarcer and the average size smaller.

Overseer Hache : — The catch of lobsters was smaller than last year.

Overseer Cormier: — Lobsters continue to grow scarcer and smaller. But one
factorj' was in operation in the district and 6J lobsters were required to fill a can.

Note. — Mr. Cormier is strongly of opinion that fishing should be allowed only
from 15th August to olst October in each year.

Overseer Poirier: — Lobster fishing here was a failure. The only way of saving
this fishery that I can suggest, is either to stop fishing for three years or to make
the traps in such a way that small lobsters will not be taken. Officei-s should be
authorized to inspect all traps before they are put out and see that the slats are wide
enough apart to allow the small fish to escape.

Overseer Ache : — Lobsters grow scarcer and smaller every year.

Overseer Boyd : — A decreased catch of lobsters. These continue to grow scarcer
and smaller, and without protection the business will soon cease from want of fish.

Overseer Sewell : — The decrease in lobsters shows that the business has co"'^p8ed
much sooner than was expected. Last year three factories were in operation ; this
year two of them closed up, and the remaining one, having all the fish to itself, put
up but 16,760 cans — less than was packed last yeai- by 33,536 cans.

Overseer Mauzeroll : — Lobster fishery was a failure. Three lobster factories were
closed for want of fish, and the only one that continued to operate did not pay work-
ing expenses. The canning business has ceased to be a paying industry on this part
of the coast.

RESTIQOUCHE COUNTY.

Overseer McPherson : — The lobster fishery is steadily decreasing, as well in the
average size of the fish as in the numbers taken.

NORTHUMBERLAND COUNTY.

Overseer Stymast; — The lobster factories closed for want offish long before the
season ended.

Overseer JRobichaud : — Only two lobster factories started this season,
soon closed and took their traps on shore for want offish.

These

KENT COUNTY.

Overseer Quimon : — Lobsters are getting scarcer and smaller. The catch falls
- below that of last year by 100,000 pounds.

Overseer Sdnnah : — Lobsters were scarce ; the quantity canned falls much be-
low that of last year, and some of the factories closed for want of fish before the
end of the season.

Overseer Oirouard : — About the same quantity was canned as previous year.

Overseer Cormier: — Lobsters continue scarce and small and the quantity canned
was less than last year.

WESTMORELAND AND ALBERT COUNTIES.

Overseer Deacon : — There were nineteen lobster factories in operation this year ;
nine of the old factories were closed during the whole season, but five new ones
were operated. The returns show a decrease in the catch of 95,760 pounds. Each
year shows a reduced catch notwithstanding the extra labor and apparatus em-
ployed.

L0U8TER INDUSTRY OF CANADA.

eveiy sea-
iller.

But one

fill a can.

awed only

of saving
r to make

should be
;h are wide

)w scarcer
mt of fish.

i co"''p8ed
tion ; this
itself, put

cries were
pay work-
n this part

fell in the

before the
». These

iatch falls

much be-
efore the

I yeai'.
ty canned

his year ;
i«w ones
8. Each
atus em-

8T. JOHN OOUNTT.

TT .^^"^feer O'Brien. -—The great bulk of lob-tor.-* caught wore sent alive to the
United States' markets.

CHARLOTTE CODNTY.

Overseer Campbell .—The lobster cutch was somewhat larger than last year but
smaller compared with what it formerly was in this district. The American l'e"al
size being lOJ inches, and ours but 9 inches, has the effect of depleting our waters
and protecting theirs. To give our lobsters an equal chance for protection our
standard should not be lo- -•. than that across the border. '

Overseer Ash .— Lobstora were not ho plentiful, but a fair catch was made and
sent fresh to Eastport.

SYNOPSES OF ANNUAL REPORTS OF INSPECTORS OF FISHERIES

FOR 1^91.

LOBSTER FISHERY.

Inspector Hackett :— Lobster fishing most successful last season all around coast
At beginning of season lobstej-s wore of good size and condition for packin.r but
about 15th July they began to run small and became inferior in quality. loo left
coast early, and some lobsters were landed at Miraiiiigash on the 2!Mh April Most
factories began packing about 10th May; this is considered an early start inside the
gulf. 1 respect of good season and high prices induced peoi)ie to make large pre-
parations and additions to plant. There were 143 factories operated this season as
agiiinst 98 in 1890. About 1H8,0(»0 traps wore used ; an increase of 42,000 over last
year. There were 3,670,414 lbs. canned, as against 2,41G,794 lbs. in 1890. Each
trap s produce was equal to about 26^ o.ie pound cans, or l.j- one pound cans more
per trap than in 1890. This increase is due to the 15 days extension, which was
taken advantage of by about 80 packers ou the south side. Had all factories dosed
on l.'jth July, as in 1890, the production per trap would have boon less than in 1890
showing that the fishery, while improving under shortened season and better protec-
tion, cannot stand the enormous drain made upon it by use of so many traps Larye
preparations are now being made for next season ; at least 50 more factories will
operate m 1892 than in 1891, thus bringing the number of factories up to 200, equal
to about -00,000 traps. As six lobsters generally fill on« can, about 22 01)0 000
were killed last season to make up the pack. With increased appliances to'be used
onn nnn'nnn /""."P** '*""wed to Capture the same number of lobsters as in 1891, at least
dUO,OOU,000 lobsters wiil be required to supply canneries in 1892.

The fecundity of lobsters is amazing, each female being said to produce from
twelve to twenty thousand eggs each season, thus hatching tens of millions of young
lobsters around our shores. One would think it imposHi'blo to exhaust this fishery
but experience has proved the contrary. As the 'fishery in the Gulf was muc-h
depleted by over-fishing a few years ago, great care will be required in future to pre-
vent its going back into samecondition. The new regnlaiions will bring this fishery
more directly under ihe coiitiol of the department's officers.

-oo /fi^^ m"/" ^"'^'^i"' •~'^^'' estimated value of the lobster catch in my division is
add,b4i. Ihe catch on the Atlantic coast exceeds that of last year by about 6 per
cent while on the Straits of Northumberland, the increase was 30 per cent; this is
partly due to the extension of time from July 15th to August Ist ; the effect of which
was to lengthen the season by about 25 per cent, but it docs not necessarily contribute
to the increase of the catch for this year. At the beginning of the season, lobsters
were large and abundant, but later on the catch was small not paying
larger factories. The lai-gest p.«ickers did not operate after the 15th July : many who
did expressed regret atthe extension of time, as it does not pay large establishments.
As soon as European buyers heard of the extension of time, they took alarm
expecting that larger quantities would be placed on the markets. Prices dropped and
did not since regain their former point. The excellent prices realized, and perhaps

if;

%\\l

r*- '''

'' 1 <

1'. 1 ;

! 1 1' :

mmnni'T^

MAHfNR AND FI8IIKRIE8.

the incroasoof catch lately, along Northumborland StraitH, has lod to M,e erection
of new factories, of which there will be more in 1892 than in 1891. Keen competi-
tion will result, and ic-gulalionM affecting the size and berried lobHteru will be
endangered. Kegulatioim cannot be enforced without large outlay, many factorieH
being in (j^t-of-lhe-way places, and on approach of cutters all evidence of viola-
tions are secreted until cutter is out of sight again. Until factories are
brought under the license system, it will l)o impossible to strictly enforce th©
regulations. INow is the time when the department, in the public interest, for the
puijiose of preserving this fishery, should prohibit fishing without a liconHo. It is
always serious to interfere with the business of a country, unless public interests
are inju led, and the returns from this fishery for the past year, as well as for pre-
vious years, show that whore the close season luis been observed, the fishery is not
declining. This information coming from nmny sources, dispels the suspicions,
which, in the interests of those fearing restrictive legislation, are circulated. Until
convinced of decline of fishery, do not consider it judicious to bring into operation
further restrictive enactments, especially as the result of last year's fishing puts
strong arguments in the mouths of those claiming such to bo necessary. The non-
observance of the close time is the most important of violations to be grappled with.
It is claimed that the necessity for restrictive legislation lies in the fact that the
history of this fishery in countries whore indiscriminate fishing is allowc 1 has been
one of rapid extinction, and also that fish taken in the fall of the year are watery and
lack the flavour of those caught in the spring, and that they contain an alkali which
first blackens the cans and then the fish. Also that the placing of such fish on the
markets is injurious to the business, as consumers obtaining inferior fish discredit
all canned lobsters. It is also claimed, that in fall, three lobsters will not equal two
when loft till following spring. Neaily all these arguments are combated by fisher-
men who naturally endeavour to find excuses to support themselves in violating the
law; but some believe them and get up a sympathy with neighbours, thus making
it difficult to enforce the law.

All these points have some important bearingon legislation, and the (J^jpartment
should have more solid basis than mere rumour and assertions — tlioy should be majie
subjects of accurate official investigation; a test should be made of size— weight and
quality at vaiious seasons, and a careful analysis in spring and fall,

A paper giving the history of lobster fishery in other countries, uupported by
statistics, together with the natural history of fish, drawn up and printed for distri-
bution, would help to educate those interested in the industry. The above

men-

tioned tests could be included. The free circulation of such a paper among fishing
settlements would take away the moral support which violators have in evadingthe
law. *

Inspector Wakeham.— The lobster fishery in the Province of Quebec shows an
increased yield of 344,'773 lbs. over that of 1890. Of this quantity 153,324 lbs. are
due to the opening of new canneries at Anticosti Island. There was a decided im-
provement all over this division, lobsters being not only more abundant but of larger
size. On the mainland fishing began about the 1st of May; at Magdalan Islands
about the 20th of May, it being impossible to set traps while the herring fishing was
going on. Besides the delay of beginning, canneries at Magdalen wore badly andi-
cuppcd by the epidemic of lagrippe, which struck the island about ihe 1st Juue. The
sickness being so sudden and so general, a good deal of meat ready to can was lost,
and much that was canned was of an inferior quality, having stood too long and
being put up by unskilled workmen. Though an extension to Ist August was
granted, it did not make up for the loss caused by sickness, which occurred during
the height of the season. It was impossible for fishermen to keep on lobster fishing,
as mackerel struck in the middle of July. At Anticosti this fishery opened about
the 26th May. New canneries had been established ; those on the east end and south
shore did well as these arc now grounds, and the run of lobsters was largo.

Inspector Pratt.— La^t season's catch in the County of Charlotte division was
excellent— this, coupled with the fact that the demand and prices were good, caused
the people engaged in this branch of the fisheries to feel in good spirits. The lower-
ing of the legal size to nine inches tended to increase the catch. As high as 14 cents

LOBSTER INDUSTRY OP CANVDA.

each was pnid by buyers doMirouH ofHliipping lobsters ficHh to raarketH. The in-
creasing importance of thin tinhory requires iTiat the regulations which control it bo
enforced as strictly as possible. Finhormen of this district tnke quiti) an active
interest in having the flsliory protected. Formerly they used to compote with each
other in efforts to destroy it us quickly as ponsiblo.

Inspector Chapman, — Mar'ed increase in the pack of this district, aggrogiiting
nearly 1,000,000 cans, and being nearly double that of 1890. There is some danger
of over-flsbing along the coast, as many new factories are going up thi.i fall. No
extension of time should bo grnnted.

ill

MARINE AND FtNnEKIES

API^EISTDJX E.

NEWFOUNDLAND LOBSTER RKGULATIONS.
colo^ylmlTtV^^^^^ *''"^''^'»'"« ^"« ''^^^'^ fl«'--y <^' «- -tor

LOBSTER INDUSTKV.

r 1 h ^XT°"'^°'' ''■'; ™»"»Ker shall engage in the business of canninir lobstors in thn
Island of Newfoundland wl,l.out havi.^]>,.oviously taken out u lii
«n „ ^•,.^'»f.««c«iver-Genoriil or any juntlco, sub-collector or preventive officer shall
on application iHsuo such licenses, and shall malto a return to the I-^isheS Cora:
mission of all Ijcensos iHsued within throe months after granting .ho same
3. There shall be no fee charged for said licenses

«,;.»,'*' ^*1^ ^''''?®'"'*'\^"'""^T«'' »''"•' «"nply all (hose authorized to issue licenses
with a sufHcient number of blank forms of license and of printed copierof aU >" Ss
and regulations relating to the lobster industry. ^

5. The said license shall bo in tho following form, viz.:—
Newfoundland : )

District. I

♦ K„ ii77''*-"^''V^® ^°y ''^t®^ '" '"^ ""'^''i' tho rules and regulations respectintr
tho lobster industry, made under and by virtue of section 16 of an Act passed in ho

forSTr JtTo^i/^'R-r" '^"'•" P.""^"*^"* ^'^"J««ty. entitled '■ An A^ to p rov So
lor the formation ot a iMshenes Commission and for other purposes "I

of lobster canning ut *''' ''*'"^? "''^'"^ • . . ^o engage in the business

oiioDstor canning at tor a period of one year from the date hei-Aof

Bubjcc to the said rules and regulations, a* copy of which^is heret^ aUachod '

Given under my hand at ^ ^ ^ ^^ , in the district of , this

a iusL JirMTZoh" r"7^"' .''^'''"^1 '"'''^^'' ''*?'""'^ establishment convicted before
Sn. f^ Lr broach of rule and regulation numbered 1 shall be subject to a penalty

an theToh 'f*!?. ^"r"^'':^ '^''""'■''' ""^ '" '^'^•^'tion thereto such justice may flecfaro

onx, ?'i . '?'''"T '^'^'''" ^'''^ ''"'''"^' ^h*^" ^P'^'"'. k'". t"K catch, trap buy or sell
any lobster for the purpose of being canned from the 5th day of AuSst un?i^ the

cichtLtKut!- '" '-'' ''''' -dor a penalty not oxcJodingfifrdon-Jit^
himseift'f httmilv.""^ "P'"'" ''''''''' '' ^">' '^"«'^ '^^ ^"^ ^imo for food for

nm..!' ^^H^**" /'l,*'^® '^"^^ °^ justices, sub-collectors, fish wardens, preventive
officers and constables to see to and aid in tho carrying out of the provisons of thole
rules and regulations and the manager or proprietor of any cannC eSlishmen?
shall, on demand, produce his license to any such justice, fisi, warden sutcollecto"
preventive officer or constable, and upon refusing to do so or othe. vvisrobSuctil'

C^ls^tSlS^

hshment shall, as far as possible and with due care, take LmTud keei fn such

manner as may be prescribed by the Fisheries Commission, Si eggs atfached to

of our sititor

bstoi'B in tho

officer Hhall,
shefios Cora-
mo.

)8ue licenoeii
I of all niloH

ispecting
DU in tho

M rest

)UHHCU in tho
t to provide

the btisineHs
date hereof,
ched.

, this

'icted before
lo a penalty
may declare
same to be

buy or sell
ist until the
I dollars for

or food for

preventive
)ns of these
iablishment
b-collector,
obstructing
not exceed-

Fisheries
ning estab-
>ep, in such
kttached to

I.OIHTBR INDtJSTnT OV CANADA.

excoodinKonoyearthoroallor ^ "* '"^'*"''" ''"' "">' Period not

lOd—4