2264 NORTH ATLANTIC COAST FISHBEIES ARBITBATION. 



fishery, or require expert information about the fisheries themselves, 

 for the determination of their appropriateness, necessity, reasonable- 

 ness, and fairness as defined in Question 1. 



IV. The United States objects also to the provisions set out in the 

 First and Second Schedules, if applied to American fishermen on 

 the treaty coasts, because their appropriateness necessity, reason- 

 ableness, and fairness, within the meaning of subdivision (c) of the 

 contention of the United States, under Question 1, have not been 

 determined between the United States and Great Britain by common 

 accord, and the United States has not concurred in their enforcement. 



Concurrence in the enforcement of regulations concerns particu- 

 larly the manner of their enforcement so as to secure impartiality 

 in administration, and to ensure their observance by Newfoundland, 

 Canadian, and British fishermen equally with American fishermen. 



There are many other provisions to which, if applied to American 

 fishermen, the same objection on the part of the United States applies, 

 but it has not been deemed necessary to enumerate them because it 

 is assumed that the award upon Question 1 will dispose of this 

 ground of objection one way or the other. 



It is not to be inferred that the Government of the United States 

 would refuse to subject American fishermen on the treaty coasts to 

 such regulations, provided that it is offered an opportunity to have 

 a voice regarding them. 



V. Many other provisions of the acts specified in the aforesaid note 

 of the 2nd June, 1909, are deemed by the United States to be beyond 

 the competency of Canada, Newfoundland or Great Britain to en- 

 force against American fishermen without the consent of the United 

 States. As no instance has occurred of the enforcement thereof 

 against the fishermen of the United States, no question has yet arisen 

 regarding them. The United States has not been consulted regard- 

 ing them, or advised of the reasons for such regulations, and is not 

 called upon to determine whether such regulations would be reason- 

 able, necessary, or appropriate if applied to American fishermen on 

 the treaty coasts. The United States, therefore, considers that any 

 question under these regulations will oe a question hereafter arising 

 and subject to the provisions of article 4 of the special agree- 

 ment. 



1370 VI. The United States assumes that the numerous provi- 

 sions in the statutes specified in the aforesaid note of the 2nd 

 June, 1909, which relate to customs regulations and to the imposi- 

 tion of light, harbor, and other dues reierred to in Questions 3 and 4 

 will be disposed of by the Award upon those Questions, but if not so 

 disposed of the United States considers that it will be entitled to 

 have the opinion of the Tribunal thereon specifically. 



The specific provisions to which the United States calls the atten- 

 tion of the Tribunal in this connection are set out in the Third 

 Schedule hereto annexed. 



FIRST SCHEDULE. 



Specific provisions in respect of (1) the hours, days, or seasons 

 when fish may be taken on the treaty coasts, and (2) the methods, 

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



