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Fisheries Question

Aiton's Encyclopedia (1910)

in American history, the right, or otherwise, of American fishermen to take fish in Canadian waters. Prior to the American Revolution there was no such question, all British waters being open to all colonists. The Canadian fisheries were, and are, by far the most valuable on the North American coast. In negotiating the Peace of Paris, 1783, Great Britain very naturally desired to cut the late colonists out of fishing in the Canadian waters; but John Adams, one of the United States commissioners, being a native of New England , and familiar with the value of the Canadian fisheries, stood stoutly for fishing privileges. To understand the question, it is needful to know that the sea, to within three miles of the shore, is everywhere open in time of peace to all corners. The right of fishing is nowhere disputed. A Norwegian ship may fish three miles off shore from Naples; but it is useless to catch fish, unless the fishermen have the privilege of landing and curing their catch. The fishing question is then a question largely of shore privileges. Adams secured valuable privileges, as stated, in 1783. In 1818 a treaty was made with Great Britain by which three privileges were granted American fishermen: 1. To take fish in shore, that is to say, inside the three mile limit on parts of the coast of Newfoundland and Nova Scotia . 2. To dry and cure fish on unsettled parts of these coasts. 3. To enter harbors of settled coasts for wood, water, and shelter. The Canadians very justly feel that the privileges are one-sides. Various agreements have been made and dropped again. In 1877 the American government paid Canada $5,500,000 in settlement of an award made by arbitration. The most difficult point in dispute is the question of what constitutes the deep sea. Canada claims that the three mile line should be carried from headland to headland, thus shutting the New England fishermen out of the Bay of Fundy and the Gulf of St. Lawrence. In 1910 the question was submitted to the Hague Tribunal for arbitration.

What Has Changed in the Last Century

The Hague Tribunal Aiton's mentions in 1910 gave its award that September: Britain could regulate the fishery but not without impartial review, and Canada's sweeping headland-to-headland claim was rejected in favour of a rule drawn across bays no more than ten miles wide, with the wider bays settled case by case. The three-mile limit the entry treats as universal is gone entirely — states now claim a twelve-mile territorial sea and a 200-mile exclusive economic zone, both extended by Canada and the United States in 1977 and codified by the Law of the Sea Convention in 1982, and the remaining Georges Bank boundary was drawn by the International Court of Justice in 1984. The shore privileges that were the heart of the dispute matter little now that catches are frozen at sea rather than dried and salted on unsettled coasts. Above all, the Newfoundland and Grand Banks cod that Aiton's called "by far the most valuable on the North American coast" collapsed, and Canada closed the northern cod fishery by moratorium in 1992; it has never recovered to anything like its old scale.

Written for this edition, 2026.