4S IKKATY PROVISIONS RELATING TO FISHERIES 



AGREEMENT EFFECTED BY EXCHANGE OF NOTES AT LONDON SEPTEMBER 



4-6, 1007. 



Thi American Ambassador to the British Foreign Office. 



American Embassy, London, September 4, 1907. 

 Sir:— 



I am authorized by my Government to ratify a Modus Vivendi in 

 regard to the Newfoundland fishery question, as follows: 



It is agreed that the fisheries shall be carried on during the present 

 year substantially as they were actually carried on for the most of 

 the time by mutual agreement, under the Modus Vivendi of 1906. 



(1) It is understood that His Majesty's Government will not bring 

 into force the Newfoundland foreign fishing vessels act of 1900, 

 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 first part of Section One of the act of 1905, as to board- 

 ing and bringing into port, and also the whole of Section three of the 

 same act, will not be regarded as applying to American fishing vessels. 



(-2) In consideration of the fact that the shipment of Newfound- 

 landers by American fishermen outside the three-mile limit is not to 

 be made the basis of interference or to be penalized, my Government 

 waives the use of purse seines by American fishermen during the 

 term governed by this agreement, and also waives the right to fish on 

 Sundays. 



(3) It is understood that American fishing vessels will make their 

 shipment of Newfoundlanders, as fishermen, sufficiently far from the 

 exact three-mile limit to avoid reasonable doubt. 



(4) It is further understood that American fishermen will pay 

 light dues Avhen not deprived of their rights to fish, and will com- 

 ply with the provisions of the colonial customs law as to reporting 

 at a custom house when physically possible to do so. 



I need not add that my Government is most anxious that the pro- 

 visions of this Modus Vivendi should be made effective at the earliest 

 possible moment, and that, in view of this, and of the actual presence 

 of our fishing fleet on the treaty shore, Ave do not feel that an exchange 

 of ratifications should be longer delayed. But my Government has 

 every desire to make the arrangement, pending arbitration, as agree- 

 able as possible to the Newfoundland authorities consistent with the 

 due safeguarding of treaty rights which we have enjoyed for nearly 

 a century. If, therefore, the proposals you have recently shown me 

 from the Premier of Newfoundland or any other changes in the 

 above Modus Vivendi should be proposed by mutual agreement be- 

 tween the Newfoundland authorities and our fishermen, having due 

 regard to the losses that might be incurred by a change of plans so 

 long after preparations for the season's fishing had been made and 

 the voyage begun, my Government will be ready to consider such 

 changes with you in the most friendly spirit, and if found not to 

 compromi.-c our rights, to unite with you in ratifying them at once. 



I am glad to be assured by you that this note will be considered as 

 -ufficient ratification of the Modus Vivendi on the part of my Gov- 

 ernment. 



I have the honor to be, with the highest consideration. Sir, Your 

 most obedient humble servant, 



Whitelaw Reid. 



The Right Honorable Sir Edward Grey, Baronet, &c &c &c 



