404 NEW ENGLAND FISHERIES 



ready referred to, by the limitations and liabilities accepted 

 in the Special Agreement, by the unequivocal position as- 

 sumed by Great Britain in the presentation of its case be- 

 fore this Tribunal, and by the consequent view of this 

 Tribunal that it would be consistent with all the circum- 

 stances, as revealed by this record, as to the duty of Great 

 Britain, that she should submit the reasonableness of any 

 future regulation to such an impartial arbitral test, af- 

 fording full opportunity therefor, as is hereafter recom- 

 mended under the authority of Article IV of the Special 

 Agreement, whenever the reasonableness of any regula- 

 tion is objected to or challenged by the United States in the 

 manner, and within the time hereinafter specified in the 

 said recommendation. 



Now therefore this Tribunal decides and awards as fol- 

 lows: 



The right of Great Britain to make regulations without 

 the consent of the United States, as to the exercise of the 

 liberty to take fish referred to in Article I of the Treaty 

 of October 20th, 1818, in the form of municipal laws, ordi- 

 nances or rules of Great Britain, Canada or Newfoundland 

 is inherent to the sovereignty of Great Britain. 



The exercise of that right by Great Britain is, however, 

 limited by the said Treaty in respect of the said liberties 

 therein granted to the inhabitants of the United States in 

 that such regulations must be made bona fide and must not 

 be in violation of the said Treaty. 



Regulations which are (1) appropriate or necessary for 

 the protection and preservation of such fisheries, or (2) 

 desirable or necessary on grounds of public order and 

 morals without unnecessarily interfering with the fishery 

 itself, and in both cases equitable and fair as between local 

 and American fishermen, and not so framed as to give un- 

 fairly an advantage to the former over the latter class, are 

 not inconsistent with the obligation to execute the Treaty 



