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REPORT Submitted to His Honour the Lieutenant-Governor by the Hon. Fred. J. Fullton on his mission to… British Columbia. Legislative Assembly 1905

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 5 Ed. 7 Report of Fishery Delegation. F 39
REPORT
Submitted to His Honour the Lieutenant-Governor by the Hon. Fred. J. Fulton on
his mission to Ottawa with John P. Babcock, Fishery Commissioner, as a delegation from the Government of British Columbia.
By command.
FRED. J. FULTON,
Provincial Secretary.
Provincial Secretary's Office,
February 27th, 1905.
REPORT OF THE DELEGATION.
To His Honour the Lieutenant-Governor in Council.
Sir,—The undersigned has the honour to report that, as authorised by you in accordance
with a request from Sir Wilfrid Laurier, he proceeded to Ottawa, accompanied by Mr. J. P.
Babcock, Fishery Commissioner, to confer with members of the Dominion Government on
certain fishery questions in dispute between the Dominion of Canada and the Province of
British Columbia.
I reached Ottawa on June 14th, 1904, and at once waited upon the Honourable Raymond
Prefontaine, Minister of Marine and Fisheries, and arranged with him for a formal interview
with himself and the Premier, Sir Wilfrid Laurier, on the next day at 11 a.m.
At the interview on the morning of the 15th there were present Sir Wilfrid Laurier,
Honourable R. Prefontaine, Senator Templeman, and Mr. Babcock. I presented the case for
the Province, and was followed by Mr. Babcock, who went fully into details. Considerable
discussion followed, which resulted in my being requested to submit a memorandum setting
out the claims and proposals of our Government, which I accordingly did.
Our subsequent negotiations were chiefly conducted in writing, and I have the honour of
presenting herewith, in order, as a report, the correspondence as a whole, from which the
main facts in connection with the entire negotiations can easily be gathered.
I have the honour to be,
Sir,
Your obedient servant.
FRED. J. FULTON. F 40 Report of Fishery Delegation. 1905
CORRESPONDENCE.
Attorney-General's Office,
Victoria, B.C., 21st March, 1904.
The Hon. R. Prefontaine,
Minister of Marine and Fisheries, Ottawa, Out.
Sir,—Since the year 1901, there has been a correspondence between the Dominion
Government and that of the Province of British Columbia relative to the fisheries of this
Province, beginning with a telegram from my predecessor, Mr. Eberts, to your predecessor,
Sir Louis H. Da vies, and dated the 1st of June, 1901.
On the 3rd June Sir Louis Davies wired to Mr. Eberts, stating, among other things, that
he "had no difficulty with Ontario or Quebec with respect to sea-coast fisheries, as to which
test case agreed upon between Dominion and Quebec." I have had the report diligently
searched here, and find nothing of this case.    May I ask what has been done in the matter 1
Further on Sir Louis pointed out that " both Governments have the right to issue licences
and exact fees, but to avoid conflict suggest that the Dominion Government should retain
control and account to the Province for such proportion of the fees as may be agreed upon, or,
in case of disagreement, adjusted by a referee."
This agreement was continued in 1902, and again in 1903, and, as we appear to be as far
as we ever were from a settlement, I suppose it will have to be renewed for 1904. But I
should like to point out to you that the Dominion appears to have carefully taxed the industry
all it will stand, and year after year receives the taxes, and that is the end of it.
Now, as far as the Dominion and Provincial relations with respect to the fisheries are
concerned, the simple facts are of a somewhat startling character, and, I submit, are such as
should appeal to you to have placed upon a fairer basis.
Let me present a few facts before you ; it has probably been done before, but they lose
nothing by repetition :
For the  14 years  ending 30th June, 1901,  the  Dominion collected fishery
revenues   $ 1,049,651
Of that sum, British Columbia contributed       400,740
or 38 per cent.
The total expenditures in the entire Dominion for that period were       6,345,292
The total expenditures for the same period in British Columbia were  163,240
or a trifle more than 2J per cent.
In the same period the Dominion paid to the Eastern Provinces bounties. . . . 2,218,967
British Columbia has never received any bounty.
The Dominion has paid in the same period in Eastern provinces for fishery
protection      1,337,740
In British Columbia nothing.
While in the year ending 30th June, 1901, British Columbia contributed 67 % of the
fishery revenues collected in the Dominion, only 7 % of the expenditures were made in British
Columbia.
In the year ending 30th June, 1902, the total fishery revenues collected from
the Dominion fishery interests amounted to         $67,945
of which British Columbia contributed  41,178
or 60 % of the total.
One more instance :—
In 1901 the total value of the fishery products of the Dominion was $25,537,153
Total value fishery products of British Columbia      7,942,771
Total value of salmon fishery of British Columbia      6,569,956
or 90 % of salmon products of the Dominion.
Total sum expended in propagation of salmon on the Atlantic Coast  23,483
In British Columbia  11,079
Thus, while British Columbia furnished over 32 °/0 of the fishery products of the Dominion,
only .144 % of the expenditures for support and maintenance was spent in that Province.
In all the other Provinces the expenditures have exceeded the collections. Does your
Government consider that equitable 1 5 Ed. 7 Report of Fishery Delegation. F 41
On the 27th of April, 1903, you wired my predecessor that the "matter is under
discussion in Council, about to be settled soon." The word is ambiguous, but one cannot but
wonder when that " discussion " will end, particularly in view of the fact that Mr. Eberts'
wire of the 26th of May remains unanswered.
So far as the management and control of the fisheries are concerned, this Government
cannot understand the reason for such a difference in the treatment meted out to British
Columbia when compared with the other Provinces.
With respect to the settlement of sums due this Province, in conformity with Sir Louis
H. Davies' wire of the 3rd June, 1901, and subsequent agreements, this Government has to
request that your Government either accept the proposal for settlement made by the Province
in 1903, make a counter proposition, or that steps be taken at once towards the appointment
of a referee, and the submission of the entire question, that the Province be no longer deprived
of the amount of revenue justly due from the fisheries, and that you should authorise someone
to confer with the Government of British Columbia relative to the respective rights of the
Province and the Dominion in order in order to see if any conclusion entirely satisfactory can
be reached, and, if not, that proceedings can then be taken to obtain the opinion of the
Judicial Committee of the Privy Council as to our respective claims.
The Privy Council decided that the fisheries of the Province are the property of the
Province. The Province is not satisfied with the present management of its fisheries by the
Dominion. Our vested interests are crying out against the lack of intelligent conservation of
their interests. Our fisheries are of such value and importance that this Government is bound
to conserve them in every possible way. To do this we must have our fair proportion of the
revenues which your Government has been collecting under an agreement which emanated
from your Government, and which we have faithfully observed; yet year after year, your
Government continues to tax the industry and retain the proceeds of such taxation ; and this
after a somewhat tardy avowal that the Province is entitled to a fair proportion of the
revenues collected.
May I now ask that this matter receive the attention that, from a Provincial standpoint,
it seems to deserve.
I have, etc.,
Charles Wilson,
A ttorney-General.
Sir Wilfrid Laurier, K.C.M.G.,
Prime Minister, Ottawa.
Government of British Columbia very anxious your Government should settle claim of
Province respecting fisheries according to agreement made Hon. Minister of Fisheries. See
letter 21st March last Attorney-General British Columbia to Hon. R. Prefontaine. Kindly
wire what action your Government will take.
(Signed)        Richard McBride.
Ottawa, Ont., May 10th, 1904.
The Hon. R. McBride.
Premier, Victoria, B.C.
In answer to your telegram of 6th instant beg to state that you might send a delegate
with authority to confer with Minister of Marine and Fisheries here.
(Signed)        Wilfrid Laurier.
Victoria, B.C., May 19, 1904.
Right Honourable Sir Wilfrid Laurier,
Ottawa, Ont.
If agreeable to you will send Member of the Executive Council with Commissioner
Babcock to confer with Minister of Marine and Fisheries, reaching Ottawa on or about
fifteenth June.    Please answer.
(Signed)        Richard McBride,
Premier. Victoria Chambers,
Ottawa, June 15th,  1904.
Hon. J. Raymond Prefontaine,
Minister of Marine and Fisheries, Ottawa.
Sir,—Pursuant to the request made by Sir Wilfrid Laurier and yourself at our interview
this morning, I beg to submit herewith a memorandum setting out the proposals of the Government of the Province of British Columbia respecting the salmon and interior fisheries of the
Province and the settlement of the claims of the Province in regard to the licence fees collected
by the Dominion Government since confederation.
I have, etc.,
(Signed)        Fred. J. Fulton,
Provincial Secretary of the Province of British Columbia.
Memorandum.
1. The Dominion to repay to the Province that amount of the total fisheries licences
collected in British Columbia since Confederation which is in excess of the total expenditures
for construction, support, and maintenance of hatcheries and policing salmon waters.
The claim for this amount rests, since the year 1900, on the agreement made in 1901
between the Dominion and the Province, which agreement was renewed and continued in 1902
and 1903. The reasons for the claim of the Province for a settlement on the same basis for
the years prior to 1901 are precisely the same as those which actuated the agreement made in
1901.
2. The Dominion to pay to the Province a proportion of the Halifax fisheries award, or
compensation for the loss sustained by the Province as a result of the Treaty of Washington.
3. The Dominion to agree to transfer the entire control of the salmon and interior fisheries
in British Columbia to the Province, the Province agreeing to construct and maintain hatcheries, and to enforce regulations without cost to the Dominion, or that this question be referred
to a commission.
4. Failing the immediate concession by the Dominion to the Province of the entire control
of the salmon and interior fisheries, or pending a settlement of the point, the Dominion to
agree to transfer the control of existing hatcheries and the propagation of fish to the Province,
the Province agreeing to support and maintain the said hatcheries without cost to the Dominion.
In such case, the amount claimed in Paragraph 1 to be immediately paid to the Province, the
agreement or modus vivendi entered into in 1901 to be again renewed and continued for the
current year. We would further respectfully suggest and urge that the Province be consulted
before new regulations are promulgated.
Office of the Minister of Marine and Fisheries,
Ottawa, June 16th, 1904.
Honourable Fred. J. Fulton,
Provincial Secretary, British Columbia, Ottawa.
Dear Sir,—I have your letter of yesterday's date, submitting a memorandum of the pro"
posals of the Government of British Columbia respecting a settlement of the question affecting
the salmon and interior fisheries of your Province, and a settlement of the claims of British
Columbia in regard to licence fees collected by the Dominion Governmant since Confederation.
The first proposal contained in your memorandum is that the Dominion should repay the
Province that amount of the total fisheries licence fees collected in British Columbia since
Confederation, which is in excess of the total expenditures for construction, support and maintenance of the hatcheries and policing of salmon waters.
The memorandum points out that the claim for this amount since the year 1900 rests on
the agreement made in 1901, between the Dominion and the Province, which agreement was
renewed and continued in 1902 and 1903. The reasons for the claim of the Province for a
settlement on the same basis for the years prior to 1901 being precisely the same as those
which actuated the agreement made in that year.
It is obvious that the claims for the years prior to the modus vivendi agreement of 1901,
must depend upon whatever settlement may be finally achieved. Therefore, the consideration
of any actual figures for present purposes should apply solely to the period beginning with that 5 Ed. 7 Report of Fishery Delegation. F 43
year, during which the Minister of Marine and Fisheries entered into an arrangement with
the Province, taking the form of a telegram, which, for handy reference, may be quoted as
follows:—
"Dominion Government quite willing you should assume protection such Provincial fisheries as under Privy Council decision belong to Province. Had no difficulty with Ontario or
Quebec, except with respect sea-coast fisheries, as to which test case agreed upon between
Dominion and Quebec, pending which we retain control. Suggest similar arrangement with
British Columbia. If decided afterwards in your favour, we to account for net receipts after
paying fair share administrative expenses. Regarding Fraser River proper to point where it
debouches into sea, both Governments have legal right issue licences and exact fees; but I
would propose, to avoid conflict, authority Dominion should retain control and account to
Province for such proportion of licence fees as may be agreed on, or in case of disagreement
adjusted by a referee. Beyond mouths of rivers Dominion Government must retain exclusive
control. If this disputed by Province, Privy Council must decide. Your Statute contains
provisions for Provincial regulations similar to those originally contained Ontario Statutes.
These are ultra vires. Ontario has repealed them. Would require undertaking your Government allow them remain abeyance until next session, and then repeal."
By a tacit understanding, this agreement has since obtained, and the Dominion Government accordingly has continued to administer the licence system on that basis.
During the three fiscal years ending June 30th, 1903, the Dominion Government collected
revenue in respect of fishing licences from all sources, whether those licences covered fishing
operations in the rivers, in the estuaries, or on the bold coast line, and it is not to be forgotten
that in estuaries and on the coast, the Federal Government recognizes a clear distinction in its
claim to fishing rights, as compared with the river or inland fisheries, claimable by the Province. Indeed it is questionable whether careful inquiry into this point would not reveal the
fact that the great bulk of all fishing operations under licence from the Dominion, is conducted
in waters outside the proprietary interest of the Province, and therefore within the jurisdiction of the Dominion, for, under the most liberal interpretation of the Privy Council decision,
the Province can successfully maintain only such rights as are appurtenant to the soil, and
thus of a proprietary character. It surely cannot be maintained, with any hope of success,
that Provincial rights in respect of the fisheries could extend beyond the imit of property
interest.
The revenue thus collected by the Dominion, therefore, covers an area transcending the proprietary claim of the Province, and for the three years above
referred to, as ending 30th June, 1903, amounts to   , $137,079.62
The expenditure incurred during the same period on account of the regulation
and protection of the fisheries, including the construction, maintenance, running
expenses, etc., of fish-breeding establishments, as well as the construction and
maintenance of fisheries patrol steamers, amounted in the aggregate to    212,090.60
This leaves an apparent balance for these three years in favour of the Dominion
as against the Province of      75,010.98
To this should be added the difference between the expenditure ($69,062.18)
and the revenue ($41,758.34) up to the 31st May of the current fiscal year      27,303.84
Showing a total balance in favour of the Dominion as against British
Columbia of    102,314.82
In other words, during the period covered by the modus vivendi, that is, for the fiscal
years ending 30th June, 1901, 1902 and 1903, and up to the 31st May, 1904, the Dominion
Government has expended in the protection and conservation of the British Columbia sea-
coast and inland fisheries a sum of $102,314.82 in excess of the fisheries licence revenue
collected from all sources, whether inland, estuary or sea-coast fishing, and whether properly
claimable by the Province or debatable under the Privy Council decision.
The second claim advanced by the memorandum is, that the Dominion should pay to the
Province a proportion of the Halifax Fisheries Award for compensation for the loss sustained
by the Province as a result of the Treaty of Washington.
It has frequently been explained that in the nature of things, the Province of British
Columbia can have no claim to participation in this Award, inasmuch as the amount was paid
by the United States Government to the Government of Her Britannic Majesty as a compensation for privileges granted United States fishermen on the Atlantic coasts of Canada, in excess
of those granted to British subjects by that Treaty. F 44 Report of Fishery Delegation. 1905
The privileges for which the Award was made, applied solely to the operations of United
States fishing vessels on the Atlantic coasts of Canada, and the Award was in compensation
for the concurrent use of certain fisheries and fishing privileges on those particular coasts.
Under the provisions of that Treaty, British subjects in the Province of British Columbia were
not compelled to share their inshore fisheries with the fishermen of the United States as were
the Atlantic fishermen, and must, therefore, be regarded as having no claim to any compensation for the use of the inshore fisheries on the Atlantic coasts.
The next suggestion contained in the memorandum is, that the Dominion should agree to
transfer the entire control of the salmon and interior fisheries in British Columbia to the
Province, the Province agreeing to construct and maintain fish hatcheries, and enforce regulations without cost to the Dominion. Otherwise, this question to be referred to a Commission ;
or, failing the immediate concession by the Dominion to the Province of the entire control of
the salmon and interior fisheries, or pending a settlement of the point, the Dominion to agree
to transfer the control of existing hatcheries, and the propagation of fish, to the Province, the
Province agreeing to support and maintain the said hatcheries without cost to the Dominion.
The memorandum adds that in such case, the amount claimed by paragraph one should be
immediately paid to the Province, the agreement or modus vivindi entered into in 1901 being
again renewed and continued for the present year, and also that the Province should be
consulted before new regulations are promulgated.
This is a proposal which the Dominion is in no way prepared to favourably consider,
inasmuch as it is entirely opposed to its idea of an adequate settlement of the question, and in
all its negotiations with the other Provinces affected by the decision of the Imperial Privy
Council in 1898, it has sought to bring about an adjustment of the case, by which it can
acquire all rights in respect of proprietary interests in the fisheries that have by that decision
been secured to them.
This decision, which separated the proprietary rights from the sole and undoubted right
of legislation with regard to the fisheries, secured to the Dominion the latter function, and
under no circumstances or conditions is it the present intention of the Dominion to abandon to
any of the Provincial Governments the powers and duties thus involved.
Therefore the proposal for the transfer of the entire control of the salmon and interior
fisheries, as well as of existing fish hatcheries, and any other cognate interests possessed by the
Dominion, is not such as under the conditions obtaining could meet with the approval of the
Federal Government in any settlement which may be effected between the Provinces and the
Dominion.
In concluding these brief comments upon the proposals advanced by your Government,
I deem it important to impress upon you that in order to obviate any future misunderstanding
with regard to the ultimate effect of the modus vivendi, which is only a temporary arrangement,
the attitude of the Dominion Government in this connection, of which an intimation is afforded
by that portion of this communication which explains that in dealing with the other Provinces
the object has ever been to reach some conclusion by which the Federal Government may
secure the undivided control of the fisheries of the Dominion, in order that a definite and
uniform policy may continue to obtain, looking to the conservation and development of so
valuable a national asset.
I feel that you will agree with me that there can be no difference of opinion as to the vast
importance to the general interest of the Dominion of our sea-coast and inland fisheries, which,
while at present prosecuted with much vigour, are capable of such further material development ; and in no place are the possibilities of this development more apparent than in the
Province and around the coasts of British Columbia, where practically virgin fisheries of the
greatest wealth await the successful exploitation to achieve assured success.
Possessed as the Dominion Government is, by virtue of the British North America Act,
of the sole right of making laws and regulations for the protection, conservation and development of the fisheries of Canada, it must be obvious that their best interests can be conserved
by the exercise of such undivided authority, and I feel that if some arrangement can be reached
by which the absolute control of these valuable interests, of a proprietary character and otherwise, may be brought within the jurisdiction of the Dominion, it cannot but inure to the
general benefit and enable the Government to continue and expand measures already initiated
to bring about a more profitable exploitation and development of the fisheries, and a betterment of the condition of the fishing population, with its attendant influences.
Yours faithfully, (Signed)        R. Prefontaine. 5 Ed. 7 Report of Fishery Delegation. F 45
Victoria Chambers,
Ottawa, 20th June, 1904.
Hon. Raymond Prefontaine,
Minister of Marine and Fisheries, Ottawa.
Dear Sir,—Your letter dated 16th inst. was duly delivered to me on Saturday afternoon.
I will summarise it briefly as I understand it.
First, in answer to our claim for settlement of the amounts collected by the Dominion
Government since Confederation, you say that the claim for the years prior to 1901 must
depend on final settlement, and since the modus vivendi of 1901, the expenditure on fisheries
in British Columbia has exceeded the revenue by $102,314.82.
Second, that the Dominion will not grant our request to concede the control of the
fisheries and hatcheries to the Province, even temporarily.
And third, you suggest that the Dominion having the control, the Province should
transfer to the Dominion its proprietary rights in the fisheries.
The question for me now to consider is what, if anything, is left for me to discuss with
you. I would recall to you that on three previous occasions delegates from the British
Columbia Government have come to Ottawa and discussed this matter of the fisheries with
your Government; that our claims have been laid before you both personally and in writing,
setting out the figures on which we based our claims, such figures being taken from the reports
of your Department, and to which previously no exception had ever been taken; that our
Attorney-General wrote you fully again on 21st March last, urging our claims and giving
figures, to which no reply was received until the Prime Minister's telegram requesting our
Government to send a delegate to Ottawa to discuss matters, in response to which request I
am now here.
Your reply to our request that we be granted the control of the fisheries, does not leave
that point open for any further discussion on my part.
Your suggestion that the Province cede to the Dominion its proprietary rights is of so
important and radical a nature that it can only be decided upon by our Government in
Executive, and after the most careful consideration. As you have informed me that you
intend visiting British Columbia next month, I would suggest that a conference be arranged
between you and our Executive in Victoria, when the matter can be discussed. I cannot,
however, leave this part of the subject without pointing out that what you term in your letter
" a valuable national asset" has been decided by the Privy Council to be the property of the
Province.
We come then to the question of the settlement of our claims for a proportion of the
revenues collected by the Dominion. Your letter seems to me to preclude discussion of our
claims for the three years prior to 1901, as you say it must depend upon whatever settlement
may be finally achieved. I was in hopes that you would be prepared to admit the force of our
contention that the reasons for settlement of this part of our claim upon the same basis as for
the subsequent years are precisely the same. The Privy Council decided that the proprietary
rights in the fisheries had belonged to the Province ever since Confederation. It follows,
therefore, that whatever revenues the Dominion has derived or collected from the fisheries in
British Columbia have been derived from what was the property of the Province, and therefore legally and equitably belonged to the Province and not to the Dominion. Even if it be
still open for me to discuss this part of the question any further, it is impossible to do so
without the figures, and the same remark applies to our claim for the period subsequent to the
modus vivendi of 1901. I can only assume that in the figures given by you in your letter you
have included all expenditures on capital account as well as for administration of fisheries and
hatcheries which, as was pointed out last year, are not fairly chargeable against these years.
May I venture to ask if you will be good enough to furnish me with an itemized statement of
expenditures—(I do not mean in detail, but under different headings)—as well of revenues
collected prior to, as well as since, the modus vivendi of 1901. If this cannot be handed to
me to-morrow, may I ask, as I am leaving here on Wednesday morning, that you be good
enough to forward it as soon as possible to our Premier, Mr. McBride, at Victoria, and the
matter could then be discussed when you meet, as I hope you will, our Executive there next
month.
In conclusion, I enclose herewith a memorandum of suggestions for amendment of the
existing fishery regulations, for which, as the season is advancing rapidly, and the reasons for F 46 Report of Fishery Delegation. 190c
the changes are so urgent, I would ask your immediate and favourable consideration. I am
handing a copy of this Memorandum to Mr. Prince, and Mr. Babcock intends to discuss same
fully with him.
Yours faithfully,
(Signed)        Fred. J. Fulton,
Provincial Secretary.
Office of the Minister of Marine and Fisheries,
Ottawa, Canada, June 21st, 1904.
Dear Sir,—I have your letter of the 20th, in reply to mine of the 16th instant, on
the subject of the claim of British Columbia against the Dominion, arising out of the decision
of the Judicial Committee of the Imperial Privy Council in respect of the reference as to
fishery rights of the Dominion and these veral Provinces, as affected by the "British North
America Act" effecting confederation.
Primarily, you summarise the points of my letter and reach the conclusion that with the
exception of some phases with which you deal, and to which I purpose referring, that there is
practically little, if anything, left to discuss at the present juncture, and you intimate that
the suggestion touching the cession of proprietory rights is so important and so radical in its
nature that it can only be decided upon by your Government in Executive, and then only
after the most careful consideration, while you in turn suggest an arrangement for a conference between myself and your Executive, at Victoria, during my proposed early visit to that
Province.
At this point I should like to refer to a phase upon which it seems to me we are proceeding at present from a somewhat different standpoint. It is evident that you regard the
Premier's invitation for representation by your Government, in a discussion of Fisheries
matters, at this moment to be sufficiently comprehensive to embrace an arrival at detailed
data, which would permit of an immediate assessment of the value of the proprietory interests
and jurisdiction, which may eventually be relinquished or acquired on either part, through
any final adjustment which may be reached ; whereas, the discussion in question contemplated
no immediate consideration of data or of methods of fixing figures, and thus, at the very outset, placing a specific money value upon the concessions which either might be called upon to
make.
You are doubtless aware that the main point at issue between the Federal Government
and the Atlantic Provinces hinged on the claim advanced to the extra-territorial jurisdiction,
or three-mile limit, which the Dominion regards as wholly distinct from any proprietary interest,
which may or may not exist in the right of the Provinces to low water mark, arguable as
appurtenant to the soil.
It was in turn suggested that a test case should be instituted in the Courts ; that terms
of reference should be agreed upon to the Supreme Court, or that a means of settlement of
perhaps broader scope should be agreed upon, without resort to litigation or a finding of the
Courts on a reference, and it was in order, if possible, to reach some conclusion as a basis of
procedure, that the discussion in question was arranged.
Obviously such a conference was in its character more of a preliminary nature, designed
to pave the way to the possibility of a consideration of equivalents for concession between the
contending interests, rather than an actual assessment thereof, even had a basis been provided.
So far as a discussion of the figures for the period extending from the date of British
Columbia's entry into the Dominion (1871) up to the date of the modus vivendi (1901, is concerned, it is apparent that any consideration thereof must form part of the settlement of the
whole question, based upon present or acquired rights, and in the event of any such acquisition
on either side, it may be that the settlement suggested by the modus vivendi, which contemplated no such concessions, will require to be readjusted. However, as requested by you, I
shall be pleased to furnish the Premier of British Columbia with a statement of the revenue
and expenditure on account of the Fisheries service in the Province.
Reverting to your suggestion that I should discuss the larger question with the Executive
of British Columbia, when in Victoria, I may say that I should be pleased to avail myself of
the opportunity, even if the result of such a discussion should only operate to assist in bringing
about some definite basis for the achievement of a conclusion of this long-standing disparity
of right and jurisdiction between the Province and the Dominion. 5 Ed. 7 Report of Fishery Delegation. F 47
You say you cannot leave this part of the subject without pointing out that what I term
in my letter as a " valuable national asset," has been decided by the Privy Council to be the
property of the Province. I cannot avoid the conclusion that either I did not make myself
plain or that you have misinterpreted me, nor can I subscribe to the opinion that the Privy
Council has deeided the Canadian fisheries to be the property of the Provinces as such. True,
each of the Provinces may be said to possess some fisheries of an inland character, of greater or
lesser value, but the vast wealth of the Dominion fisheries, at present but partially developed,
are essentially those exploited by the deep-sea fishermen, and are of a national, and not of a
provincial, character. These are those which can be more particularly referred to as a national
asset, the development and betterment of which have recently received considerable attention.
I have noted your memorandum, containing suggested amendments to the Fishery Regulations, which will receive my careful consideration.
Yours, etc.,
(Signed) R. Prefontaine.
Hon. Fred. J. Fulton,
Provincial Secretary of British Columbia,
Victoria Chambers, Ottawa.
Victoria, B. C, 10th January, 1905.
Hon.  Raymond Prefontaine,
Minister Marine and Fisheries, Ottawa :
On 19th ultimo I wired you as follows : "Kindly send at earliest possible date itemised
statement of expenditures and revenues re Fisheries, asked for in my letter 20th June last and
promised in your reply 21st June."    No reply yet.    May I expect one soon 1
(Signed)       Fred. J. Fulton,
Provincial Secretary.
Office of the Minister of Marine and Fisheries, of Canada,
Ottawa, January 12th, 1905.
Dear Sir,—Reverting to our correspondence of June last, and with reference to your
telegram of yesterday's date, on the subject of a suggested adjustment of fishery matters
between the Dominion and the Province of British Columbia, I enclose a complete statement
of the annual expenditure of this Department, under different headings, in connection with
the fisheries in your Province, prior and subsequent to the modus vivendi of 1901, as well as a
statement of revenues annually collected during the same period, embracing the twenty-eight
years from 1876 to 1904.
Yours faithfully,
(Signed.)        R. Prefontaine.
Honourable Frederick J. Fulton,
Provincial Secretary, Victoria, B. C. F 48
Report of Fishery Delegation.
1905
STATEMENT
Showing the annual expenditure of, and revenue collected by, the Dominion Government
on account of the fisheries service since Confederation.
Province or British Columbia.
Year.
General
Service.
Cruisers.
Fish Breeding.
Total.
Revenue.
1867	
1868	
1869	
1870	
1871	
1872	
1873	
1874	
1875	
1876	
1877	
$  635 00
690 00
1,423 73
1,399 92
1,721 48
1,599 08
1,599 92
2,231 97
1,437 13
1,878 53
5,860 72
3,661 83
4,333 63
3,634 41
4,320 53
6,158 17
5,490 60
5,283 21
6,218 74
6,226 77
8,841 64
8,508 79
8,459 47
13,662 17
17,886 36
18,560 00
17,808 45
15,133 65
$  635 00
690 00
1,423 73
1,399 92
1,721 48
1,599 08
1,599 92
5,936 28
13,310 30
7,284 40
10,484 07
9,315 73
9,266 89
7,837 02
7,680 04
9,054 74
9,121 28
8,556 31
9,087 93
9,043 79
11,682 26
10,898 25
12,195 61
16,404 05
35,596 13
39,067 00
73,642 32
83,916 93
1878	
1879 	
1880	
$   10 00
1881	
1882	
672 50
1883	
790 00
18S4  	
$ 3,704 31
11,873 17
5,405 87
4,623 35
5,653 90
4,933 26
4,202 61
3,339 51
2,896 57
3,630 68
3,273 10
2,869 19
2,817 02
2,840 62
2,389 46
3,736 14
2,741 88
17,709 77
20,507 00
23,275 29
25,040 81
127 50
1885	
365 30
1886	
922 50
1887	
943 50
1888	
6,934 55
1889 	
6,416 00
1890	
11,367 50
1891	
12,914 02
1892	
8,192 48
1893 	
40,264 00
1894	
25,337 90
1895	
23,517 25
1896	
26,410 75
1897	
39.888 82
1898	
47,864 75
1899	
45,801 75
1900	
53,195 35
1901	
52,960 35
1902	
41,178 00
1903	
1904	
$ 32,558 58
43,742 47
42,940 62
56,904 34
$174,665 90
$76,301 05
$157,463 51
$408,430 46
$545,919 93
VICTORIA, B. C.:
Printed by Richard Wolfenden, I.S.O., V.D., Printer to the King's Most Excellent Majesty.
1905.

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