842 APPENDIX TO BRITISH CASE. 



fishermen may both be made acquainted at once with the terms of 

 the arrangement proposed, and the necessary instructions given for 

 its observation. 

 FOREIGN OFFICE, October 4, 1906. 



No. 256. 1906, October 6: Letter from Mr. Whitelaw Reid to Sir 



Edward Grey. 



LONDON, October 6, 1906. 



SIR, I am authorized by my Government to ratify a modus vivendi 

 in regard to the Newfoundland fishery question on the basis of the 

 Foreign Office Memorandum, dated the 25th ultimo, in which you 

 accept the arrangement set out in my Memorandum of the 12th 

 ultimo, and consent accordingly to the use of purse seines by Amer- 

 ican 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 

 American fishermen is not to be interfered with, and 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. 



On 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 

 1906, which imposes on American fishing-vessels certain restrictions 

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

 provisions of the first part of section 1 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 as applying to American fish- 

 ing-vessels. 



It also being understood that our fishermen will gladly pay light 

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

 fishermen are not unwilling to comply with the provisions of the 

 Colonial Customs Law as to reporting at a- custom-house when 

 physically possible to do so. 



1 need not add that my Government are most anxious that the 

 provisions of the modus vivendi should be made effective at the 

 earliest possible moment. I am glad to be assured by you that this 

 note will be considered as sufficient ratification of the modus vivendi 

 on the part of my Government 



I have, &c. (Signed) WHITELAW KEID. 



