APPENDIX F 259 



But the exercise of the fishing liberty by the inhabitants of the 

 United States should not be subjected to the purely commercial 

 formalities of report, entry, and clearance at a Custom House, 

 nor to light, harbour, or other dues not imposed upon New- 

 foundland fishermen. 



QUESTION IV. 



Can restrictions be imposed upon American fishermen making 

 the exercise of the privileges granted them by the Treaty to 

 enter certain bays or harbours for shelter, repairs, wood, and 

 water conditional upon the payment of light, or harbour, or 

 other dues, or entering or reporting at Custom Houses, or any 

 similar conditions ? 



It is decided and awarded that such restrictions are not per- 

 missible. 



It seems reasonable, however, in order that these privileges 

 accorded by Great Britain on these grounds of hospitality and 

 humanity should not be abused, that the American fishermen 

 entering such bays for any of the four purposes aforesaid and 

 remaining more than 48 hours therein, should be required, if 

 thought necessary by Great Britain or the Colonial Government, 

 to report, either in person or by telegraph, at a Custom House 

 or to a Customs oflficial, if reasonably convenient opportunity 

 therefore is afforded. 



And it is so decided and awarded. 



QUESTION V. 

 What is a * bay ' within the meaning of the Treaty ? 



The Tribunal decides and awards :— 



In case of bays three marine miles are to be measured from 

 a straight line drawn across the body of water at the place 

 where it ceases to have the configuration and characteristics of 

 a bay. At all other places the three marine miles are to be 

 measured following the sinuosities of the coast. 



Considering that the Tribunal cannot overlook that this answer 

 to Question V, although correct in principle and the only one 

 possible in view of the want of a sufficient basis for a more 

 concrete answer, is not entirely satisfactory as to its practical 

 applicability, and that it leaves room for doubts and differences 

 in practice; therefore the Tribunal considers it its duty to 



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