BETWEEN THE UNITED STATES AND GREAT BRITAIN. 47 



ble fishing left under our treaty rights. We are convinced that purse 

 seines are no more injurious to the common fisher}- than the gill nets 

 commonly used — are not in fact so destructive and do not tend to 

 change the migratory course of the herring as gill nets do, through 

 the death of a large percentage of the catch and consequent pollution 

 of the water. 



The small amount of purse-seining this season could not of course 

 materially affect the common fishery anyway. Besides many of our 

 fishermen have already sailed, with purse seines as usual, and the 

 others are already provided with them. This use of the purse seine 

 was not the free choice of our fishermen. They have been driven to 

 it by local regulations and the continued use of it at this late date this 

 year seems vital. 



But we will renounce Sunday fishing for this season if His Maj- 

 esty's Government will consent to the use of purse seines, and we can- 

 not too strongly urge an acceptance of this solution. 



American Embassy, London, September, 12, 1906. 



MEMORANDUM. 



His Majesty's Government have considered, after consultation with 

 the Government of Newfoundland, the proposals put forward in the 

 Memorandum communicated by the United States Ambassador on the 

 12th instant, respecting the suggested " modus vivendi " in regard to 

 the Newfoundland Fishery question. 



They are glad to be able to state that they accept the arrangement 

 set out in the above Memorandum and consent accordingly to the use 

 of purse seines by United States fishermen during the ensuing season, 

 subject, of course, to due regard being paid, in the use of such imple- 

 ments, to other modes of fishery. 



Hi- Majesty's Government trust that the United States Govern- 

 ment will raise no objection to such a stipulation, which is only in- 

 tended to -"cure that there shall be the same spirit of give and take 

 and of respect of common rights between the users of purse seines 

 and the users of stationary nets as would be expected to exist if both 

 set of fishermen employed the same gear. 



They further hope that, in view of this temporary authorization of 

 the purse seines, the United States Government will see their way 

 to arranging that the practice of engaging Newfoundland fishermen 

 jn-i outside the three mile limit which to some extent prevailed last 

 year should not be resorted to this year. 



An arrangement to this effect would save both His Majesty's 

 Government and the Nev» foundland Government from embarrassment 

 which it is conceived, having regard to the circumstances in which 

 the ■" modus vivendi '" is being settled, the United States Government 

 would not willingly impose upon them. Moreover it is not in itself 

 unreasonable, eemg that the unwillingness of the United States 

 Government to forego the n se of pur <• seines appears to be Largely 

 based upon the inability of their fishermen to engage local men to 

 work the form of net recognized by the Colonial fishery regulations. 



The United States Government assured His Maje ty's late Govern- 

 ment in November Last that they would not countenance a specified 

 evasion of the Newfoundland Foreign Fishing Ve els Act L905, and 

 the proposed arrangement would appear to be in accordance with the 

 spirit which prompted that assurance. 



Foreign Office, SepU mbi r .'■''. 1906* 



