After calling attention to certain other facts in the Missisquoi Bay
situation, and its relation to other pending fisheries questions, such
as the Commission of 1917 and the Fraser River rehabilitation
question,21 the note concludes that under these
circumstances the Canadian Government does not find the present a
feasible time for the appointment of a Commission to deal with the
Missisquoi situation alone, but would, nevertheless, be pleased to
cooperate in any necessary steps to advance the settlement of all
questions as to fishery preservation in boundary waters, or at least the
more important of such cases now outstanding.
[Enclosure]
The Canadian Secretary of State for External
Affairs (
Mackenzie
King
) to the American
Minister (
Phillips
)
Sir: I have the honour to refer to your
note No. 115 of May 12th, 1928, with reference to complaints which
have been received as to seine fishing in the Canadian waters
connected with Lake Champlain, and suggesting that a fact-finding
commission should be established as early as possible to make
recommendations for a permanent solution of this problem.
[Page 42]
The Canadian Government has noted with care the considerations which
are advanced in support of such a course. It desires, however, to
call attention to certain other facts in the Missisquoi Bay
situation and its relation to other pending fisheries questions.
The Treaty of 1908 concerning the protection of fisheries in water
contiguous to the boundary between the United States and Canada22 covered Lake Champlain, and the regulations
drawn up by the Commissioners under that Treaty dealt with fishing
in Lake Champlain. The legislation to enable the approval of the
regulations suggested by the Commission was adopted in Canada, but
the United States Senate failed to approve of the regulations. The
Treaty was consequently finally abandoned.
While the Missisquoi Bay question was not referred to the
International Fisheries Commission that was appointed in the fall of
1917 to consider a settlement of outstanding fishery questions
between the United States and Canada, it was brought to the
attention of the Commission at its first public hearings. Following
the conclusion of such hearings on the Atlantic coast, the Canadian
members of the Commission recommended to their Government that in
all the circumstances a regulation be adopted prohibiting all net
fishing in Missisquoi Bay. This was done by Order-in-Council of
February 18th, 1918. It was at the time anticipated that the
recommendations that the Commission would submit on the matters
referred to it would promptly be dealt with by the two Governments.
The Commission submitted a unanimous report on all subjects dealt
with by it in September, 1918. The report of the Commission was
approved by the Canadian Government and though a Treaty based on the
recommendations of the Commission was drafted, it has not yet been
concluded.
Fallowing the prohibition of all net fishing in Missisquoi Bay,
emphatic and growing objection to the regulation developed. The
objection was withstood in the expectation that the report of the
Commission would be dealt with, but as this had not been done, it
was finally decided in 1922 that in the circumstances the regulation
could not longer be maintained, and it was rescinded by
Order-in-Council of March first of that year.
The Missisquoi Bay situation is by no means the only question
concerning the fisheries in boundary waters. The rehabilitation and
protection of the sockeye salmon fishery of the Fraser River system
is a matter of outstanding importance to both countries, and though
a treaty to such end was signed as long ago as 192023 it has
not yet [Page 43] been ratified by the
United States Senate, and the rehabilitation of the fishery has
consequently not yet been undertaken.
The fisheries in the mainland portions of the Province of Quebec are
being administered by the Provincial authorities, and these
authorities share the view of the Department of Marine and Fisheries
that the Missisquoi Bay question should be dealt with in connection
with other and more important fishery situations that are of common
interest to both countries.
While under these circumstances it does not appear that the present
is a feasible time for the appointment of a fact-finding commission
to deal with the Missisquoi Bay situation alone, the Canadian
Government would have pleasure in cooperating with the Government of
the United States in any necessary steps to advance the settlement
of all the questions as to fishery preservation in boundary waters,
or at least the more important of such cases now outstanding.
Accept [etc.]
For the Secretary of State for External Affairs:
O. D. Skelton
