BETWEEN THE UNITED STATES AND GREAT BRITAIN. 45 



shall not be required to enter or clear at the custom house, providing 

 that they do not communicate with the shore. 



4. Forfeiture to be exacted only for the offences of fishing or pre- 

 paring to fish in territorial waters. 



5. This arrangement to take effect as soon as the necessary measures 

 can be completed by the Colonial Authorities. 



J. Chamberlain. 



L. S. Sackville West. 



Charles Tupper. 



MODUS VIVENDI BETWEEN THE UNITED STATES AND GREAT 

 BRITAIN IN REGARD TO INSHORE FISHERIES ON THE TREATY 

 COAST OF NEWFOUNDLAND. 



AGREEMENT EFFECTED BY EXCHANGE OF NOTES AT LONDON OCT. 6-8, 1900. 



The American Ambassador to the British Foreign Office. 



American Embassy, London, October 6th, 1906. 



Sir, I am authorized by my Government to ratify a modus viuendi 

 in regard to the Newfoundland Fishery Question on the basis of the 

 Foreign Office Memorandum, dated the 25th of September, 1900, in 

 which you accept the arrangement set out in my Memorandum of the 

 12th of September and consent accordingly to the use of purse seines 

 by American fishermen during the ensuing season, subject of course to 

 due regard being paid in the use of such implements to other modes of 

 fishery, which, as you state, is only intended to secure that there shall 

 be the same spirit of give and take and of respect for common rights 

 between the users of purse seines and the users of stationary nets as 

 would be expected to exist if both sets of fishermen employed the 

 same gear. 



My Government understand by this that the use of purse seines by 

 AmericaB fishermen is not to be interfered with, and that the shipment 

 of Newfoundlanders by American fishermen outside the 3 mile limit is 

 not to be made the basis of interference or to be penalized ; at the same 

 time they are glad to assure His Majesty's Government, should such 

 shipments be found necessary, that they will be made far enough from 

 the exact 3 mile limit to avoid any reasonable doubt. 



( )n the other hand it is also understood that our fishermen are to be 

 advised by my Government, and to agree, not to fish on Sunday. 



It is further understood that His Majesty's Government will not 

 bring into force the Newfoundland Foreign Fishing Vessels Act of 

 L906 which imposes on American fishing vessels certain restrictions 

 in addition to those imposed by the Act of 1905, and also that the pro- 

 visions of the firsl part of Seel ton I of the Act of 1905, as to boarding 

 and bringing into port, and also the whole of Section 3 of the same 

 Act. will not. be regarded us applying to American fishing vessels. 



It also being understood thai our fishermen will gladly pay light 

 dues if they ;ire not deprived of their rights to fish, and that our 

 fishermen are nol unwilling to comply with the provisions of the Colo- 

 n'nil Cu toms I>:iw as to reporting at a custom house when physically 

 po ible to do so. 



I need uol add thai my Governmenl are mosl anxious that the pro- 

 visions of the modus vivendi should be made effective al the earliest 

 possible moment. I ;im glad to be as: ured by you that this note will 



