46 TREATIES AND AGREEMENTS. 



4. When, during the herring fishing season, the herring fishing 

 boats of the one country shall find it expedient to anchor under 

 shelter of the coasts of the other country, in order to await a favour- 

 able opportunity for proceeding to their lawful fishery outside of the 

 limits defined by Article IX of the Convention of August 2, 1839. 



LXXXVI. Whenever, in any of the cases of exception specified in 

 the preceding Article, the fishing boats of either nation shall have 

 occasion to sail or anchor within the limits defined by the Conven- 

 tion of August 2nd, 1839, the masters of such boats shall immediately 

 hoist a blue flag, 2 feet high and 3 feet long, and shall keep this flag 

 flying at the mast head so long as they shall remain within the said 

 limits. Consequently, this flag shall not be hauled down until the 

 boats are actually outside of those limits. 



These boats, when within the aforesaid limits, are not only pro- 

 hibited from fishing themselves, but are also forbidden to send their 

 small boats to fish, even outside of the limits in question. They must 

 all (with the exception of herring boats which may be waiting, as 

 they have the privilege of doing, for a favourable opportunity to 

 proceed to their lawful fishery) return outside of the said limits, so 

 soon as the causes shall have ceased which obliged them to come in 

 under the cases of exception specified. 



It is further agreed, conformably to the tenor of the present regu- 

 lations, that the fishing boats of the one country shall not use the 

 ports of the other country for the greater convenience of their fishery 

 operations, either in proceeding from thence to their lawful fishery 

 in the seas common to both, or in returning thereunto after fishing; 

 it being understood, however, that this stipulation does not in any 

 manner impair the right of putting into port, in the cases of excep- 

 tion specified in Article LXXXV. 



1/XXXVII. It is forbidden to herring drift-net fishing boats to 

 shoot their nets earlier in the day than half an hour before sunset, 

 except in places where it is customary to carry on this drift-net fish- 

 ing by daylight. 



LXXXVIII. Herring fishermen being within the fishery limits of 

 either country, shall comply with the laws and regulations of the said 

 country respecting the prohibition of fishing on the Sabbath Day. 

 . LXXXIX. The commanders of the cruizers of each of the two 

 countries, and all officers or other agents whatsoever appointed to 

 superintend the fisheries, shall exercise their judgment as to the 

 causes of any transgressions committed by the fishing boats of the 

 other country, and when they shall be satisfied of the fact of the 

 transgression, they shall detain, or cause to be detained, the boats 

 haying thus transgressed the preceding regulations (from Article 

 LXXVI), and shall take them, or cause them to be taken, into port; 

 where, upon clear proof of the transgression being brought by the 

 detaining party before the competent tribunal or magistrates, the 

 said boats so transgressing may be condemned to be kept for a period 

 not exceeding 3 months, or to a fine not exceeding .10 (250 francs). 



In testimony whereof the respective Commissioners have signed 

 the present regulations, and have thereto affixed their seals. 



Done in London the 24th day of May, in the year of our Lord, 



ANTHONY PERKIER. 

 F. LANGE. 



E L - S -J 

 L - S -J 



