1010 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



607 His Britannic Majesty's dominions. So that when bays lying 

 landward of the 3-mile line are determined by the 3-mile line, 

 the fishing- vessels of the United States are to keep outward from the 

 lines across those bays as though those lines were a continuation of the 

 shore line. That concession was made to Great Britain by the terms 

 of the treaty. 



I will, Mr. President, later hand up charts showing the area of 

 water involved, that is, the average area of water which is found 

 within these lines that make these triangular shaped bodies of water. 

 It will be found, when these charts come to be examined, that the area 

 of water is very small, and that when the distinguished counsel for 

 Great Britain stated there were 6 or 7 square miles of water there 

 he was very wide of the mark. If the bay were 6 miles wide ex- 

 actly and no greater bay is, under the terms of this treaty, a bay 

 of His Britannic Majesty's dominions the area would be larger than 

 if the bay were 5 miles wide, and the area in the case of a bay 4 miles 

 wide would be smaller than in the case of one 5 miles wide. If the 

 bay were 3 miles wide there would be no area involved at all. 



JUDGE GRAY : As I understand you, the moment the 3-mile line from 

 the coast, following the sinuosities, curving into the bays on each side, 

 forms a triangle or funnel-shaped area of water, it ceases to be of any 

 importance at all in regard to jurisdiction, for then you draw the line 

 across the headland and measure the jurisdiction 3 miles out from 

 that? 



MR. WARREN : With this exception, your honour, I would agree with 

 you, that I do not draw the line across from any headlands. A line 

 is drawn each way to the shore from the point where the lines follow- 

 ing the sinuosities of the shore the two lines coming from opposite 

 directions meet, and the headlands have nothing whatever to do with 

 it. There may be headlands there or there may be sandbars. 



JUDGE GRAY: There is no trouble about the jurisdiction over that 

 funnel-shaped area of water when you once get such a condition of 

 things? Then you draw the line at the point of meeting and meas- 

 ure 3 miles out? 



MR. WARREN : Yes, your honour, the United States conceded by 

 the terms of this treaty that that water was within the exclusive ter- 

 ritorial jurisdiction of Great Britain in respect of the fisheries, as 

 against the inhabitants of the United States. 



SIR CHARLES FITZPATRICK: Would it disturb your argument if I 

 were to ask you to illustrate your theory, taking St. George's Bay, 

 for instance, on the west coast of Newfoundland ? Where would the 

 point be from which you would draw the line? 



MR. WARREN: St. George's Bay, Newfoundland, of course, is not 

 on the non-treaty coasts and this Question 5 concerns such coasts only, 

 but I will use it as an illustration. 



