QUESTION ONE. 5 



It will be observed that by reason of the numbered paragraphs of 

 these contentions, the scope of the Question is distinctly confined to 

 limitations, restraints, or regulations in respect of "(1) the hours, 

 days, or seasons when fish may be taken on the treaty coasts; (2) the 

 method, means, and implements to be used in the taking of fish or 

 in the carrying on of fishing operations on such coasts; (3) any other 

 matters of a similar character relating to fishing." 



The Question, therefore, does not submit for decision any conten- 

 tion on either side which does not pertain to the right of fishing on the 

 treaty coasts. 



It will also be observed, on a comparison of the lettered para- 

 graphs of these contentions, that sub-division (c) of the contentions 

 of the United States is the only contention of the United States with 

 which Great Britain does not concur. Both Governments agree that 

 in any event no regulations which are unreasonable can be imposed 

 upon the exercise of the liberty referred to without the consent of 

 the United States, and it is admitted in the British contention that 

 to be reasonable they must be 



(a) Appropriate or necessary for the protection and preservation 

 of such fislieries and the exercise of the rights of British subjects 

 therein and of the liberty which by the said Article I the inhabitants 

 of the United States have therein in common with British subjects; 



(b) Desirable on grounds of public order and morals; 



(c) Equitable and fair as between local fishermen and the in- 

 habitants of the United States exercising the said treaty liberty and 

 not so framed as to give unfairly an advantage to the former over the 

 latter class. 



In other words, Great Britain concurs entirely in the contention of 

 the United States that no such regulations, limitations, or restraints 

 can be so imposed 



(a) Unless they are appropriate and necessary for the protection 

 and preservation of the common rights in such fisheries and the 

 exercise thereof; and 



(b) Unless they are reasonable in themselves and fair as between 

 local fishermen and fishermen coming from the United States, and 

 not so framed as to give an advantage to the former over the latter 

 class. 



It follows that in answering Question I, which is " To what extent 

 are the following contentions or either of them justified? " the 

 Tribunal must necessarily hold, on the admission of Great Britain, 

 that the contentions of the United States, as set forth in that Ques- 

 tion, down through sub-division (b) thereof are wholly justified. 



