846 APPENDIX TO BRITISH CASE. 



These are the obligations to report at a Custom House and to pay 

 light dues, and the prohibition to use purse seines, and to fish on 

 Sundays. Other regulations, such as the prohibition to throw bal- 

 last or rubbish into the water frequented by herring, and to throw 

 overboard on the fishing ground fish offal, heads and bones, have 

 occasionally come in question, but are clearly reasonable, and are not, 

 it is believed, objected to by the United States Government. Fish- 

 ing at night is another question which has been discussed, although 

 it is not forbidden by the regulations. His Majesty's Government 

 understand that by tacit consent among the fishermen themselves fish- 

 ing is not pursued at night, and with this arrangement there seems 

 no reason to interfere. 



With regard to the entry and clearance of American vessels at 

 Newfoundland ports, I would remind your Excellency that the 

 American vessels engaged in the winter fishery in the Bay of Islands 

 must pass in close proximity to several Custom Houses, and that it 

 cannot be said that the obligation to report and clear unduly inter- 

 feres with the operations of the vessels. On this point, however, 

 His Majesty's Government would, in order to secure an arrangement 

 for the next fishing season, be prepared to defer discussion of the 

 question of right; but they would urge, on the other hand, that it 

 would be most advisable that American vessels should comply with 

 the regulation on the ground that finless the vessels enter at the 

 Custom Houses, the British authorities have no cognizance that they 

 are in Newfoundland waters, and that, as His Majesty's Government 

 are responsible for keeping the peace, it is important that they 

 should know exactly what American vessels are on the fishing 

 grounds. Moreover, the provision in question is clearly necessary 

 for the prevention of smuggling, and unless American vessels have 

 made proper entry at a Custom House, there is no means, short 

 of searching the vessels, of ascertaining whether they are really 

 fishing vessels, and not smugglers. 



The next point in dispute is the prohibition of purse seines. His 

 Majesty's Government have the independent testimony of British 

 naval officers who have been employed on the Treaty Coast as to the 

 distinctive results of their use; and they would, therefore, point out 

 that there is complete justification for the Colonial regulation. 



I would, moreover, remind Your Excellency that the regulation 

 is in force in all the waters of the Colony of Newfoundland and 

 of the Dominion of Canada, and applies equally to all fishermen 

 whether they be Newfoundlanders or not. His Majesty's Govern- 

 ment, therefore, feel that they cannot interfere with the enforcement 

 of the regulation which prohibits purse seines in the waters of New- 

 foundland. They would also point out that fishing on Sundays is 

 always liable to lead to regrettable breaches of the peace, and they 

 would propose that the American fishermen should agree to abstain 

 from this practice. 



Finally, His Majesty's Government feel that the payment of light 

 dues by an American vessel entering a port of the Colony clearly 

 does not involve an unreasonable interference with the exercise of 

 the treaty rights of the American fishermen on board. These dues 

 are payable by all vessels of whatever description and nationality, 

 other than coasting and fishing vessels owned and registered in 

 the Colony. As, however, vessels of the latter class are under cer- 



