(W. Ga.; P. C. M.)
[1] For fisheries in the cases of [Coral], [Oyster], [Pearl], [Salmon], [Sponges] and [Whale], see these articles; for fishing as a sport see [Angling].
[2] Estimated as regards about one-third of the total.
[3] Including the Newfoundland fishery.
[4] Excluding the voyages of the fleeting trawlers which supply London by means of carriers.
FISHERY (Law of). This subject has (1) its international aspect; (2) its municipal aspect. On the high seas outside territorial waters the right of fishery is now recognized as common to all nations. Claims were made in former times by single nations to the exclusive right of fishing in tracts of open sea; such as that set up by Denmark in respect of the North Sea, as lying between its possessions of Norway and Iceland, against England in the 17th century, and against England and Holland in the 18th century, when she prohibited any foreigners fishing within 15 German miles of the shores of Greenland and Iceland. This claim, however, was always effectively resisted on the ground stated in Queen Elizabeth’s remonstrance to Denmark on the subject in 1602, that “the law of nations alloweth of fishing in the sea everywhere, even in seas where a nation hath propertie of command.” The enunciation of this principle is to be found, also, in the award of the arbitration court which decided the question of the fur-seal fishery in Bering Sea in 1894. (See [Bering Sea Arbitration]; [Arbitration, International].) The right of nations to take fish in the sea may, however, be restrained or regulated by treaty or custom; and Great Britain has entered into conventions with other nations with regard to fishing in certain parts of the sea. The provisions of such conventions are made binding on British subjects by statutes.
Instances of these are the conventions of 1818 and 1872 between Great Britain and the United States as to the fisheries on the eastern coasts of British North America and the United States within certain limits, and the award of the Bering Sea arbitration tribunal under the treaty of 1892; the conventions between Great Britain and France in 1839 and 1867 as regards fishing in the seas adjoining these countries, the latter of which will come into force on the repeal of the former; the agreement of 1904 with respect to the Newfoundland fisheries (see [Newfoundland]); the convention of 1882 between Belgium, Denmark, France, Germany, Great Britain and Holland, regarding the North Sea fisheries; that of 1887 between the same parties concerning the liquor traffic in the North Sea; and the declaration regarding the same waters made between Great Britain and Belgium for the settlement of differences between their fishermen subjects in such extra-territorial waters. At the instance of the Swedish government the British parliament also passed an act in 1875 to establish a close time for the seal fishery in the seas adjacent to the eastern coasts of Greenland.
Cases have come before British courts with regard to the whale fishery in northern and southern seas; and the customs proved to exist among the whaling ships of the nations engaged in a particular trade have been upheld if known to the parties to the action. In territorial waters, on the other hand, fishery is a right exclusively belonging to the subjects of the country owning such waters, and no foreigners can fish there except by convention.