218 



CONGRESS. (THE FISHERIES TREATY.) 



At the Bale des Chaleurs the line from the lisrht at 

 Birch Point, on Miscou Island, to Maccjuereau Point 

 light ; at the Bay of Miramichi, the line from the 

 light at Point Escuminac to the light on the eastern 

 point of Tabisintac Gulley ; at Egmont Bay, in Prince 

 Edward Island, the line from the light at Cape Eg- 

 mont to the light at West Point ; and off St. Ann's 

 Bay, in the province of Nova Scotia, the line from 

 Cape Smoke to the light at Point Aconi. 



At Fortune Bay, in Newfoundland, the line from 

 Connaigre Head to the light on the southeasterly end 

 of Brunct Island, thence to Fortune Head ; at Sir 

 Charles Hamilton Sound, the line from the southeast 

 point of Cape Fogo to White Island, thence to the 

 north end of Peckford Island, and from the south 

 end of Peckford Island to the east headland of Eagged 

 Harbor. 



At or near the following bays the limits of exclu- 

 sion shall be three marine miles seaward from the 

 following lines, namely : 



At or near Barrington Bay, in Nova Scotia, the line 

 from the light on Stoddard Island to the light on the 

 south point of Cape Sable, thence to the light at Bao 

 caro Point ; at Chedabucto and St. Peter's Bays, the 

 line from Cranberry Island light to Green "island 

 light, thence to Point Kouge ; at Mira Bay, the line 

 from the light on the east point of Scatari Island to 

 the northeasterly point of Cape Morien ; and at Pla- 

 centia Bay, in Newfoundland, the line from Latine 

 Point, on the eastern mainland shore, to the most 

 southerly point of Eed Island, thence by the most 

 southerly point of Mcrasheen Island to the mainland. 



Long Island and Bryer Island, at St. Mary's Bay, 

 in Nova Scotia, shall, for the purpose of delimitation, 

 be taken as the coasts of such bay. 



ART. V. Nothing in this treaty shall be construed 

 to include within tlie common waters any such inte- 

 rior portions of any bays, creeks, or harbors as can 

 not be reached from the sea without passing within 

 the three marine miles mentioned in Article I of the 

 convention of Oct. 20, 1818. 



ART. VI. The commissioners shall from time to 

 time report to each of the high contracting parties, 

 such lines as they may have agreed upon, numbered, 

 described, and marked as herein provided, with quad- 

 ruplicate charts thereof; which lines so reported shall 

 forthwith, from time to time be simultaneously pro- 

 claimed by the high contracting parties, and be bind- 

 ing after two months from such proclamation. 



ART. VII. Any disagreement of the commissioners 

 shall forthwith be referred to an umpire selected by 

 the Secretary of State of the United States and Her 

 Britannic Majesty's minister at Washington ; and his 

 decision shall be final. 



ART. VIII. Each of the high contracting parties 

 shall pay its own commissioners and officers. All 

 other expenses jointly incurred in connection with 

 the performance of the work, including compensation 

 to the umpire, shall be paid by the high contracting 

 parties in equal moieties. 



ART. IX. Nothing in this treaty shall interrupt 01- 

 affect the free navigation of the Strait of Canso by 

 fishing-vessels of the United States. 



ART. X. United States fishing-vessels entering the 

 bays or harbors referred to in Article I of this treaty 

 shall conform to harbor regulations common to them 

 and to fishing- vessels of Canada or of Newfoundland. 



They need not report, enter, or clear, when putting 

 into such bays or harbors for shelter or repairing 

 damages, nor when putting into the same, outside 

 the limits of established ports of entry, for the pur- 

 pose of purchasing wood or of obtaining water ; ex- 

 cept that any such vessel remaining more than twenty- 

 four hours, exclusive of Sundays and legal holidays, 

 within any such port, or communicating with the 

 shore therein, may be required to report, enter, or 

 clear; and no vessel shall be excused hereby from 

 giving due information to boarding officers. 



They shall not be liable in any such bays or har- 

 bors for compulsory pilotage ; nor, when therein for 



the purpose of shelter, of repairing damages, of pur- 

 chasing wood, or of obtaining water, shall they be 

 liable tor harbor dues, tonnage dues, buoy dues, light 

 dues, or other similar dues ; but this enumeration 

 shall not permit other charges inconsistent with the 

 enjoyment of the liberties reserved or secured by the 

 convention of Oct. 20, 1818. 



ART. XI. United States fishing-vessels entering the 

 ports, bays, and harbors of the eastern or northeastern 

 coasts ot Canada or of the coasts of Newfoundland 

 under stress of weather or other casualty may unload. 

 reload, transship, or sell, subject to customs laws ana 

 regulations, all fish on board, when such unloading, 

 transshipment, or sale is made necessary as incidental 

 to repairs, and may replenish outfits, provisions, and 

 supplies damaged or lost by disaster : and in case of 

 death or sickness, shall be "allowed all needful facil- 

 ities, including the shipping of crews. 



Licenses to purchase in established ports of entry of 

 the aforesaid coasts of Canada or of Newfoundland, 

 for the homeward voyage, such provisions and sup- 

 plies as are ordinal ily sold to trading-vessels, shall be 

 granted to United States fishing-vessels in such ports, 

 promptly upon application and without charge ; and 

 such vessels, having obtained licenses in the manner 

 aforesaid, shall also be accorded upon all occasions 

 such facilities for the purchase of casual or needful 

 provisions and supplies as are ordinarily granted to 

 the trad ing- vessels ; but such provisions or supplies 

 shall not be obtained by barter, nor purchased for re- 

 sale or traffic. 



ART. XII. Fishing-vessels of Canada and New- 

 foundland shall have on the Atlantic coast of the 

 United States all the privileges reserved and secured 

 by this treaty to United States fishing-vessels in the 

 aforesaid waters of Canada and Newfoundland. 



ART. XIII. The Secretary of the Treasury of the 

 United States shall make regulations providing for 

 the conspicuous exhibition by every United States 

 fishing- vessel, of its official number on each bow ; and 

 any vessel required by law to have an official number, 

 and failing to comply with such regulations, shall not 

 be entitled to the licenses provided for in this treaty. 



Such regulations shall be communicated to Her 

 Majesty's Government previously to their taking 

 effect. 



ART. XIV. The penalties for unlawfully fishing in 

 the waters, bays, creeks, and harbors, referred to in 

 Article I of this treaty, may extend to forfeiture of the 

 boat or vessel and appurtenances, and also of the sup- 

 plies and cargo aboard when the offense was com- 

 mitted ; and for preparing in such waters to unlawfully 

 fish therein penalties shall be fixed by the court, not 

 to exceed those for unlawfully fishing ; and for any 

 other violation of the laws of Great Britain, Canada, 

 or Newfoundland relating to the right of fishery in 

 such waters, bays, creeks, or harbors, penalties shall 

 be fixed by the court, not exceeding in all $3 for every 

 ton of the" boat or vessel concerned. The boat or ves- 

 sel may be holden for such penalties and forfeitures. 



The proceedings shall be summary and as inexpen- 

 sive as practicable. The trial (except on appeal) shall 

 be at the place of detention, unless the judge shall, on 

 request of the defense, order it to be held at some other 

 place adjudged by him more convenient. Security for 

 costs shall not be required of the defense, except when 

 bail is offered. Eeasonable bail shall be accepted. 

 There shall be proper appeals available to the defense 

 only ; and the evidence at the trial may be used on 

 appeal. 



Judgments of forfeiture shall be reviewed by the 

 Governor-General of Canada, in council, or the Gov- 

 ernor, in council, of Newfoundland, before the same 

 are executed. 



ART. XV. Whenever the United States shall re- 

 move the duty from fish-oil, whale-oil, seal-oil, and 

 fish of all kinds (except fish preserved in oil), being 

 the produce of fisheries carried on by the fishermen of 

 Canada and Newfoundland, including Labrador, as 

 well as from the usual and necessary casks, barrels, 



