1118 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



The word " coasts," as used in the treaty, comprehended the coast 

 line of all the great bays; and, of course, the 3 miles could not be 

 measured from the inner coast line of bays, creeks, or harbours 6 

 marine miles or less in width, for, as I have stated, the line drawn 

 from the point where the lines following the sinuosities of the 

 shores meet, to the opposite shores, excludes fishing-vessels of the 

 United States from such bays no matter what their inner extent. 



Therefore, the 3-mile-from-land rule was adopted which excluded 

 the fishing- vessels of the United States from all such bays, as it 

 would be impossible for the vessels to enter them without passing 

 through waters which were admittedly territorial waters of Great 

 Britain. 



Such bays, creeks, or harbours as lay landward of the point where 

 these two lines following the sinuosities of the shore meet were closed 

 to American fishermen; and, as I stated a day or two since, a rule 

 for the guidance of fishermen was laid down, and it was provided 

 that American fishing-vessels should not fish within 3 miles of a line 

 drawn 3 miles out from the point of intersection of the lines follow- 

 ing the sinuosities of the coasts. So the clause was stated in the 

 treaty : 



"On or within three marine miles of any of the coasts, bays, 

 creeks, or harbours of His Britannic Majesty's Dominions in 

 America." 



I have stated that there was no practical difference between these 

 two rules of measurement, and I now submit to the Tribunal drawings 

 which show the average area of the triangular-shaped bodies of 

 water from which the fishing-vessels of the United States are ex- 

 cluded under the words of the treaty " on or within three marine 

 miles of any of the bays, creeks, or harbors of His Britannic Majesty's 

 Dominions in America " not included in the previously designated 

 coasts. 



In the case of a bay where the opposite shores are 6 miles apart, 

 it will be seen by the first drawing that the entire area of the average 

 triangle is 3.86 square sea miles. It will also be observed by exam- 

 ining the drawing that in the upper part of the triangle, and indeed 

 until nearly half-way down, the width is less than a mile, and that 

 in each of the other angles the width is less, so that the actual body 

 of water involved is so small that it was deemed by the negotiators 

 of the treaty of no practical importance whatever. A sailing-vessel 

 could not possibly make use of any part of the water enclosed in the 

 upper end or in either of the other angles of the triangle. 



In case the line is drawn across shores 5 miles apart, the average 

 area of the triangle, it will be found, is only 1.98 square sea miles, 

 including the area in all the angles; and it is perfectly apparent 



