1596 AWARD OF THE FISHERY COMMISSION. 



entirely eliminated from this controversy by the decision which was 

 made on the lith of September. The claim, as presented in Her Maj- 

 esty's Case, is not one of compensation for fishing within the territorial 

 waters of Newfoundland, but it is one of enjoying the privileges of com- 

 mercial intercourse with the people of that island. Of territorial fish- 

 ing in Newfoundland waters, there is hardly any evidence to be found 

 bince the first day of July, 1873, when the fishery clauses of the Treaty 

 of Washington took effect, with one exception, that I will allude to 

 hereafter. There is certainly no cod-fish'ug done by our people in the 

 territorial waters of Newfoundland; none has been proved, and there 

 is no probability that there ever will be during the period of the treaty 

 or afterward. The American cod fishery is everywhere deep sea fishing. 

 There is a little evidence of two localities in which a few halibut are said 

 to have been taken in Newfoundland waters one near Hermitage Bay, 

 and one near Fortune Bay. But the same evidence that shows that it 

 once existed shows that it had been exhausted and abandoned before 

 the Treaty of Washington was made. Judge Beuuet testified that 



Tb< halibut-fishing on the Newfoundland coast is a very limited one, so far as I am 

 aware. It is limited to the waters between Brunei Island in Fortune Bay and Pass 

 Island in Hermitage Bay. It is conducted close inshore, and was a very prolific fishery 

 for a number of years. Our local fishermen pursued it with hook and line. I think 

 about eight years ago the Americans visited that place for the purpose of fishing, and 

 they fished it very tlioroughly. They fished early in the season, in the month of April, 

 when halibut was in great demRnd in New York market. They carried them there 

 frh in ice, and I know they have pursued that fishery from that time to within the 

 last few years. I believe they have about exhausted it now. 



Another witness testified that some years ago the halibut fishery was 

 pursued in that vicinity, but he went on to say that 



American fishermen do not now fish for halibut about Pass Island as they formerly 

 did, because I believe that that fishery has been exhausted by the Americans. I know 

 of no I'nited States fishing-vessels fishing within three miles of the shore, except at and 

 about 1'ass Island, as already stated. (Affidavit of Philip Hubert, p. 54, British Affi- 

 davit*.) 



John Evans, p 52, British Affidavits, says : 



The halibut fishery, followed by the United States fishing-vessels abont Pass Island, 

 bM been abandoned during late years. I have not heard of American fishing- vessels 

 trying to catch fish ou the Newfoundland inshore-fishery. 



There has been a little evidence that occasionally, when our vessels 

 go into harbors to purchase bait at night, some of the men will jig a 

 lew squid, when they are waiting to obtain bait. 



All the evidence shows that they go there not to fish for bait, but to 

 [t shows also that when they are there for that purpose, the 

 crews of the vessels are so much occupied in taking on board and stow- 

 ing away the fish bought for bait that they have no time to engage 

 nueh iu fishing; but one or two witnesses have spoken of a little jig- 

 r for squid by one or two men when unoccupied at night. As to the 

 Ml, all the fishing in the territorial waters of Newfoundland is done by 

 the inhabitants themselves. 



The frozen -herring trade, which was the ground of compensation 

 r relied upon in the Newfoundland case, has been completely 

 to l>e a commercial transaction. The concurrent testimony of 

 itnemea on both sides is, that American fishermen go there with 

 ey, they do not go there provided with the appliances for fish- 

 it h money and with goods. They go there to purchase and 

 ile, and when they leave Gloucester, they take out a permit to 

 trade, that they may have the privileges of trading- vessels. 

 it may be said that the arrangement under which this bait is 



