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[Translation.]

Mr. CHIEF CLERK: I have to inform you, in compliance with the foregoing decree, that the taking of seals on the islands called Lobos, Polonio, Castillos Grandes, and Coronilla, on the coasts of the Rio de la Plata and in that part of the ocean adjacent to the Departments of Maldonado and Rocha, is done by contractors who obtain their contract for periods of ten years each, paying annually into the public treasury seven thousand dollars in gold, and also the departmental duty of twenty cents on each seal skin and four cents on each arroba of oil. This duty was established (and provision made for the object to which it was to be applied) by the act of July 23rd, 1857, and that of June 28th, 1858 (Caraira, vol. 1, pages 440 and 488, Digest of Laws). The State guarantees to the contractors that they shall carry on their industry without molestation. It does not permit vessels of any kind to anchor off any of the said islands, and does not allow any works to be constructed that might frighten the seals away. The catch begins June 1st and ends October 15th. (Decree of May 17th, 1876, page 1480 of "Laws now in Force," by Goyena.) This is all that the undersigned has to communicate.

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Extract from the regulations numbered sixteen of the seventeenth year of Meiji (1885).

Promulgated on the 23rd of May, 1885, by the Minister of State for Agriculture and Commerce.]

[Translation.]

SEC. 14. Hereafter the hunting and killing of seals and sea otter in the Hokkaido (Yesso and the islands to the north belonging to Japan), except as hereinafter provided, is prohibited.

Any person who shall be convicted of a violation of this regulation shall be punished in accordance with the terms of Section 372 of the Criminal Code,* and, in addition, the skins or other fruits of such un. lawful hunting shall be summarily confiscated. If such skins, etc., shall have been sold, the offender shall be liable to the payment of a fine equal to the total amount received therefor.

The Minister of State for Agriculture and Commerce shall be empowered to grant to such persons as he may deem fit, and for such compensation as may be determined upon, the exclusive privilege of

*Section 372 of the Criminal Code has reference to the theft of standing crops, grain, vegetables, etc. It provides a minimum punishment of one month's and a maximum punishment of one year's imprisonment at hard labor.

hunting seals and sea otter in the Hokkaido. And in such case the provisions of the foregoing prohibition shall not apply. A true translation.

D. W. STEVENS,

Counsellor of Legation.

GREAT BRITAIN AND CANADA.

A BRIEF SUMMARY OF THE LAWS OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND AND OF THE DOMINION OF CANADA, RELATING TO THE PROTECTION OF GAME, BIRDS, AND FISHES.

Over one hundred statutes have been enacted by the Parliaments of Great Britain and Canada during the last two centuries for the protection of game, wild birds, and fishes. For convenience of treatment these statutes may be divided into four groups, as follows:

First, those which are designed to promote the regular breeding of these wild creatures by the establishment of annual close seasons, public breeding grounds and hatcheries, and other methods.

Second, those statutes which prohibit their destruction by the use of wasteful or dangerous methods and instruments.

Third, those statutes which limit the number of persons authorized to hunt and kill them by the establishment of license systems.

Fourth, those statutes which prescribe the methods by which such protective regulations shall be enforced.

I. At the present time in England there are statutes in force prescribing a close season for all kinds of birds and freshwater fish, for nearly all kinds of game, and for many marine fish. The game laws of England are of very ancient origin, but down to 1869 there was no time of year during which it was unlawful to kill birds not included in the Game Acts. In consequence of the great decrease of sea birds by their being killed dur ing the breeding season, "The Sea Birds Preservation Act" was passed in 1869, which established a close time lasting four months (April 1-Aug. 1) for thirty-three distinct species of sea birds.

In 1872 and 1876 similar statutes were passed for the protection of wild land birds. Eighty different species of birds were mentioned in these acts, and a close season of five and a half months prescribed for them.

In 1880 "The Wild Birds Protection Act" was passed, which repealed the three acts above mentioned and prescribed one uniform close season lasting from March 1 to August 1, for all birds whatsoever, in every part of the United Kingdom. Under this act, which is in force at the present time, it is unlawful during the close time prescribed "to shoot or attempt to shoot any wild bird; or to use any boat for shooting or causing to be shot any wild bird; or to use any lime, trap, snare, or other instrument for taking any wild bird." It is also illegal under this act, as modified subsequently, to sell or to have in one's possession any wild bird, unlawfully killed during the close time, between March 15 and August 1. Provision is also made in Section 6 for the trial of

132 and 33 Viet., c. 17.

235 and 36 Viet., c. 78; 39 and 40 Vict., c. 29.

343 and 44 Vict., c. 35.

+ Sec. 3. See Supplement to Oke's "Game Laws," 3d Edit., page 7.

544 and 45 Vict., c. 51.

offences against the act committed on the High Seas within the jurisdiction of the Admiralty, no mention being made of any limit to this jurisdiction. Under Section 8 power is given to the Home Office to extend or vary the close season for particular localities under certain circumstances.

Under the present fishery laws of the United Kingdom and Canada close seasons are prescribed for nearly all kinds of fish. By the Salmon Fishery Acts of 1865, 1873, and 1876' close seasons are designated for salmon, trout, and char, and for all other kinds of freshwater fish (which prior to 1878 might be caught freely at all seasons of the year) by the Freshwater Fisheries Act of 1878. The act of 18733 further protects the salmon in rivers by forbidding all persons from fixing any baskets, nets, traps, or devices for taking eels in a salmon river between Jan. 1 and June 24, and from placing any wheels or leaps for taking lamperns between March 1 and August 1.

By the Revised Statutes of Canada (1886) close seasons are prescribed for certain fish, and authority is conferred upon the Governor in Council to prescribe such close seasons for others. By reference to the accompanying table of close seasons the nature and extent of the different close seasons now in force in the United Kingdom of Great Britain and Ireland and the Dominion of Canada can be readily ascertained.

In both countries the laws forbidding the killing of game and fish during the close seasons are further enforced by other laws prohibiting all persons from dealing in the forbidden articles or having them in their possession during such close seasons."

Table of Close Seasons for Game and Wild Birds now in force.

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Mar. 1 to Sept. 1.
Jan. 10 to Sept. 1
June 10 to Oct. 28.
Michaelmas to June 20..
Dec. 10 to Aug. 12.
On moorlands and unin-
closed lands, Apr. 1 to
Dec. 10.

Dec. 10 to Aug. 20
Feb. 1 to Sept. 1

do
do

Feb. 1 to Oct. 1

.do ..do

Mar. 1 to Aug. 1
Jan. 10 to Sept. 20
Mar. 1 to Aug. 1..

1 and 2 Wm. IV, c. 32, Sec. 3.

1 and 2 Win. IV, c. 32, Sec. 3; 27
George III, c. 35, Sec. 4.

10 Wm. III, c. 8, Sec. 6.

1 and 2 Wm. IV, c. 32, Sec. 3.
43 and 44 Vict., e. 47, Sec. 1.

13 George III, c. 54, Sec. 1.

1 and 2 Wm. IV, e. 32, Sec. 3.
13 George III, c. 54. Sec. 1.
37 George III, c. 21, Sec. 2.
1 and 2 Wm. IV, e. 32, Sec. 3.
13 George III, c. 54, Sec. 1.
28 and 29 Viet., c. 54.
43 and 44 Vict., c. 35, Sec. 3.
37 George III, c. 21, Sec. 2.
43 and 44 Vict., c. 35, Sec. 3.

128 and 29 Vict., c. 121; 36 and 37 Vict., c. 71; 39 and 40 Vict., c. 19.

241 and 42 Vict. c. 39.

336 and 37 Vict., c. 71, Sec. 15.

4 R. S., C. 95, Secs. 8-12, 16.

61 and 2 Wm. IV., c. 32, Sec. 4; 41 and 42 Vict., c. 39, Sec. 11; 43 and 44 Vict.,c. 35, Sec. 3; R. S. of Canada, c. 95, Sec. 12.

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(west coast).

Do..

Oysters.......

coast), Nova Scotia

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between June 1 and
Oct. 1.

Aug. 1 to Apr. 1.....

Statutes.

By Governor in Council under
Revised Statutes, c. 95, Secs. 11,
16.

28 and 29 Vict., c. 121, Sec. 64.
"The Freshwater Fisheries Act,
1878," 40 and 41 Viet., c. 39, Sec.
11.

"The Herring Fisheries (Scot-
land) Act, 1889," 52 and 53 Vict.
c. 23. Sec. 5.

By Governor in Council, under
R. S., c. 95, Sec. 16.

New Brunswick (north Aug. 20 to Apr. 20.......(See Statistical Record of Canada, coast), Nova Scotia

(north coast), Que- |

bec.

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Pickerel......... Manitoba, Ontario, Apr. 15 to May 15.

Pollen

Salmon

Do...

Do.

Do .

Sea bass

Smelts

Sturgeon

Trout.

Trout (brook)....

Quebec.

Ireland

United Kingdom.............
Quebec

Nova Scotia

New Brunswick
..do

New Brunswick, Nova
Scotia.

New Brunswick
Manitoba, and North-
west Territory.
England and Wales...'
Ontario and Quebec....
(Ontario

Trout (speckled) Prince Edward Island.

Rest of Canada....

Nov. 1 to Jan. 31
Sept. 1 to Feb. 1..
Ang. 1 to May 1 (net
fishing): Sept. 1 to May
1 (angling).

Aug. 15 to Mar. 1 (net
fishing).

Sept. 15 to Feb. 1 (angling)

Mar. 1 to Oct. 1

Apr. 15 to May 15.

Aug. 31 to May 1
May 1 to June 15

Oct. 1 to Feb. 1...
Sept. 15 to Jan. 1
Sept. 15 to May 1.
Oct. 1 to Dec. 1
Oct. 1 to Jan. 1

1886, p. 326.)

Do.

(See Statistical Record of Canada, 1886, p. 326,) and R. S., c. 95, Sec. 11.

44 and 45 Vict., c. 66.

36 and 37 Vict., c. 71, Sec. 19.

Revised Statutes of Canada, c. 95, Sec. 8. (See Statistical Record of Canada, 1886, p. 325.)

By Governor in Council, under
R. S., c. 95, Secs. 11, 16.

Do.

Do.
Do.

28 and 29 Vict., c. 121, Sec. 64.

R. S., c. 95, Sec. 9.

In addition to the general fishery acts which have been passed at diferent times by Parliament, special acts prescribing regulations for particular counties or rivers have been enacted from a very early period. Instances of such acts are the statutes of 4 Anne and 1 George I, for "The Preservation of Salmon and other Fish in the Counties of Southampton, and Wilts" (amended by 37 George III, c. 95); and the statute of 18 George III for "the better Preservation of Fish and Regulating the Fisheries in the Rivers Severn and Verniew."1

Under this first section, in the general division of the subject, may be cited the following British and Canadian statutes, which have for their object the prevention of acts prejudicial to the processes of breeding of game, birds, and fish, viz:

That which prohibits the taking of the eggs of any game bird, swan, wild duck, teal, or widgeon."

That which prohibits the destruction of either the eggs or nests of any partridge, pheasant, grouse, quail, duck, or other wild fowl.3

That which imposes a penalty upon any one who shall buy, sell, or have in his possession any salmon, trout, or char roe, or who shall use any kind of fish roe as bait.*

1 Oke's "Fishery Laws," pp. 31, 32. 21 and 2 Wm. IV, c. 32, Sec. 24.

310 Wm. III, c. 8, Sec. 8.

424 and 25 Vict., c. 109, Sec. 9.

That which forbids the taking of young salmon ;1

Or catching or disturbing salmon when spawning or near the spawning beds.2

Or interfering with the free passage of salmon up a river.3

Or placing a device in any non-tidal water to obstruct any fish descending the stream.1

That which prohibits the taking, buying, or selling, or having in possession pollen less than eight inches in length.5

The Revised Statutes (1886) of Canada provide

That no salmon of less than three pounds shall be caught or killed. That no salmon shall be captured within two hundred yards of the mouth of any tributary, creek, or stream which salmon frequent to spawn."

That no one shall catch, buy, sell, or possess, the young of any fish protected by the statutes."

The Report on the Fisheries Protective Service of Canada for 1889 (pp. 8, 10), recommends the passage at an early date of similar laws to check the depletion of the lobster and mackerel fisheries of Canada. The establishment of close seasons, and the adoption of stringent laws against the destruction of spawn and young fish are strongly urged.

An extensive system of hatcheries for the artificial breeding of fish is maintained by the Canadian Government. At these hatcheries there are raised, by artificial processes, salmon, white fish, salmon trout, brook trout, pickerel, black bass, and (since 1891) lobsters. Experi ments have recently been begun with great success in the artificial breeding of cod and oysters. The gross output of young fish from the thirteen public hatcheries of Canada for the year 1890 was 90,213,000, and the number of eggs of fresh and salt water fish placed in the incubators, 144,613,000; while the total number of young fish turned out of the hatcheries into the waters of Canada since the inception of artificial fish culture by the Government in 1868, is 799,757,900,11

As the result of the fostering care thus exercised, and other causes, the total export product of Canadian fisheries increased during the fifteen years succeeding that date (1868-1883), from $3,357,510 to $8,809,118.12

II. Next in order of treatment are those statutes which have for their object the prevention of wasteful and destructive methods of killing game, birds, and fishes. In this group may be placed the British statutes forbidding poaching by night, either on private land, or on the public highways; also

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Those which prohibit the placing of poison in exposed places,13 for

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"The Pollen Fisheries Act, (Ireland) 1891," 54 and 55 Vict., c. 20, Sec. 3.

6 R. S., c. 95, Sec. 8.

"Ibid., Sec. 8.

*R. S., c. 95, Sec. 14.

9 Report of the Superintendent of Fish Culture for the Dominion of Canada, 1890, pp. 7-9.

10 Report of the Superintendent of Fish Culture for the Dominion of Canada, 1889, pp. 75-81.

Ibid., 1890, page 5.

12 Johnson's Graphic Statistics of Canada, 1887, page 4.

1310 Wm. III, c. 8, Sec. 16; 27 Geo. III, c. 35, Secs. 4, 5; 9 Geo. IV, c. 69; 11 and 12 Vict., c. 29, Sec. 5.

147 and 8 Vict., c. 29.

151 and 2 Wm. IV, c. 32, Sec. 3; 11 and 12 Vict., c. 30, Sec. 4; 26 and 27 Vict., c. 113, Sec. 3

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