430 APPENDIX TO BRITISH CASE. 



of opinion that the bank fisheries are capable of immense expension 

 and development, and that the privilege of getting bait on the coast 

 of Newfoundland is indispensable for the accomplishment of this 

 object. 



As an instance of the demand for bait supplies derived from the 

 Newfoundland inshore fisheries, it may be useful to state that the 

 average amount of this article consumed by the French fishermen, 

 who only prosecute the Bank fisheries during a period of about six 

 months of the year, is from $120,000 to $160.000 annually. The her- 

 ring, capelin, and squid amply meet these requirements and are sup- 

 plied by the people of Fortune and Placentia Bays, the produce of the 

 Islands of St. Pierre and Miquelon being insufficient to meet the 

 demand. 



It is evident from the above considerations that not only are the 

 United States fishermen almost entirely dependent on the bait supply 

 from Newfoundland, now open to them for the successful prosecution 

 of the Bank fisheries, but also that they are enabled, through the 

 privileges conceded to them by the Treaty of Washington, to largely 

 increase the number of their trips, and thus considerably augment the 

 profits of the enterprise. This substantial advantage is secured at 

 the risk, as before mentioned, of hereafter depleting the bait supplies 

 of the Newfoundland inshores, and it is but just that a substantial 

 equivalent should be paid by those who profit thereby. 



We are therefore warranted in submitting to the Commissioners 

 that not only should the present actual advantages derived on this 

 head by United States fishermen be taken into consideration, but also 

 the probable effect of the concessions made in their favor. The 

 inevitable consequence of these concessions will be to attract a larger 

 amount of United States capital and enterprise following the profits 

 already made in this direction, and the effect will be to inflict an 

 injury on the local fishermen, both by the increased demand on their 

 sources of supply and by competition with them in their trade with 

 foreign markets. 



EXTRACT FROM THE ANSWER OF THE UNITED STATES OF AMERICA TO THE 

 CASE OF HER BRITANNIC MAJESTY'S GOVERNMENT. 



* * * For the purposes of fishing, the territorial waters of 

 every country along the sea-coast extend three miles from low-water 

 mark ; and beyond is the open ocean, free to all. In the case of bays 

 and gulfs, such only are territorial waters as do not exceed six miles 

 in width at the mouth, upon a straight line measured from headland 

 to headland. All larger bodies of water, connected with the open sea. 

 form a part of it. And wherever the mouth of a bay. gulf, or inlet 

 exceeds the maximum width of six miles at its mouth, and so loses the 

 character of territorial or inland waters, the jurisdictional or pro- 

 prietary line for the purpose of excluding foreigners from 

 257 fishing is measured along the shore of the bay, according to its 

 sinuosities, and the limit of exclusion is three miles from low- 

 water mark. 



