REPORT OF THE AGENT OF THE UNITED STATES. 15 



led up to the special agreement under which the arbitration was held. 

 This question related to the enforcement by Great Britain or her 

 colonies of fisheries regulations against American fishermen exercising 

 their treaty right of fishing in British territorial waters. Great Brit- 

 ain had originally contended that under the language of the treaty, 

 which secured to American fishermen a " liberty in common with 

 British fishermen to take fish," American fishermen were subject, 

 when fishing under the treaty in British v.aters, to all fishing regula- 

 tions and restrictions imposed by British law upon British fishermen. 

 Tn formulating this question for submission to arbitration, however, 

 the United States succeeded in securing from Great Britain a modifi- 

 cation of this position, and it was admitted by Great Britain in pre- 

 senting its contention in this question that no fishing reguktions could 

 be enforced against American fishermen in British waters under the 

 treat}^, unless they were appropriate and necessary for the protection 

 and preservation of the fisheries, and reasonable in themselves, and 

 not so framed as to give the local fishermen an unfair advantage over 

 the American fishermen. To this extent the contentions of the two 

 parties coincided. Great Britain further contended, however, that 

 the United States was not entitled to be consulted with regard to the 

 enforcement of any such regulations, and that Great Britain alone 

 must be the sole judge as to their appropriateness, necessity, reason- 

 ableness and fairness; and this was the issue between the two Gov- 

 ernments presented in the first question. 



As a result of this arbitration, therefore. British regulations limit- 

 ing the time, manner and implements of fishing can no longer be 

 enforced against American fishermen exercising their fishing liberties 

 on the treat}^ coasts, unless such regulations are reasonable, appro- 

 priate, necessary and fair, as defined in question 1. In the award on 

 this question it was further decided that, in case the United States 

 raises the question of the reasonableness, etc., of any regulation here- 

 after adopted. Great Britain can not be the judge of that question, 

 which now must be decided by a special commission of experts con- 

 stituting an impartial tribunal according to a mode of procedure 

 established by the award, the enforcement of any such regulations 

 being suspended pending the decision of such special commission. 

 Furthermore, a series of legislative provisions of Newfoundland and 

 Canada which the United States had objected to as unreasonable and 

 under Article II of the special agreement had called to the attention 

 of the tribunal, on the ground that they were inconsistent with the 

 true interpretation of the treaty of 1818, were referred, at the request 

 of the United States, in accordance with Article III of the special 

 agreement, to a commission of experts for examination and report as 

 to their reasonableness, appropriateness, necessity and fairness. This 

 commission has not yet reported on the questions so referred to it. 



