806 APPENDIX TO BRITISH CASE. 



fishing going on in the waters of the fiord, sheltered by a range of 

 islands against the violence of the sea. The appearance in these 

 waters of a foreign vessel pretending to take its share of the fishing 

 was an unheard of occurrence, and in the ensuing diplomatic cor- 

 respondence the exclusive right of Norwegian subjects to this in- 

 dustry was energetically insisted upon as founded in immemorial 

 practice. 



Besides, Norway and Sweden have never recognized the three 

 mile limit as the confines of their territorial waters. They have 

 neither concluded nor acceded to any treaty consecrating that rule. 



By their municipal laws the limit has generally been fixed at 

 485 one geographical mile, or one fifteenth part of a degree of 



latitude, or four marine miles, no narrower limits having ever 

 been adopted. In fact, in regard to this question of the fishing" 

 rights, so important to both of the United Kingdoms, the said limits 

 have in many instances been found to be even too narrow. As to 

 this question and others therewith connected, I beg to refer to the 

 communications presented by the Norwegian and Swedish members 

 in the sittings of the Institut de Droit International in 1891 and 

 1892. I wish also to refer, concerning. the subject which I have 

 now briefly treated, to the proceedings of the conference of Hague, 

 in 1882 (Martens. Nouveau recueil general, II serie, Vol. IX), con- 

 taining the reasons why Sweden and Norway have not adhered to the 

 treaty of Hague. 



[Extract from the Appendix to the United States' case referred to above by Mr. Gram.] 



LAW OF NORWAY OF JUNE 19, 1880, RELATING TO THE PROTECTION OF 



WHALES. 



[Translation.] 



SEC. 1. It shall be prohibited on that part of the sea on the coast 

 of Finmarken which the King will define to kill or chase whales 

 during the period extending from the 1st of January till the end of 

 May; but whales which have been wounded outside of the limits of 

 protection may be killed or be utilized within these limits. 



SEC. 2. Any one violating the provisions of Section 1 or becoming 

 party to such violation will be punished by a fine of from 4,000 to 

 8.000 kroner for each whale which is chased or killed. Of a ship's 

 crew, however, none but the captain shall be punished, if the law has 

 been violated either by his order or with his knowledge and if he has 

 not done everything in his power to prevent such violation. 



The provisions of the last clause of section 40 of chapter 2 of the 

 Criminal Law of June 3rd, 1874, shall not apply. 



SEC. 3. Cases arising from violations of the present law are treated 

 before the police courts. For fines to which the captain or the 

 owner of a vessel has become liable the vessel is held as a pledge. 



SEC. 4. The present law shall not prevent any one from taking 

 possession of a whale which has been driven ashore or which is 

 found floating in the sea in a wounded condition. 



See Law of May 18, 1876, Sec. 2, relating to the protection of seals in the 

 Polar Sea. 



