26 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



mentioned limits provided, however, that the American Fishermen 

 shall be admitted to enter such Bays or Harbours for the purpose of 

 Shelter and of repairing Damages therein, of purchasing Wood, and 

 of obtaining Water, and for no other purpose whatever. But they 

 shall be under such Restrictions as may be necessary to prevent their 

 taking, drying or curing Fish therein, or in any other manner what- 

 ever abusing the Privileges hereby reserved to them. 

 6 And, whereas, differences have arisen as to the scope and 



meaning of the said Article, and of the liberties therein re- 

 ferred to, and otherwise in respect of the rights and liberties which 

 the inhabitants of the United States have or claim to have in the 

 waters or on the shores therein referred to : 



It is agreed that the following questions shall be submitted for 

 decision to a tribunal of arbitration constituted as hereinafter pro- 

 vided : — 



Question 1. — To what extent are the following contentions or 

 either of them justified? 



It is contended on the part of Great Britain that the exercise of 

 the liberty to take fish referred to in the said Article, which the in- 

 habitants of the United States have forever in common with the sub- 

 jects of His Britannic Majesty, is subject, without the consent of the 

 United States, to reasonable regulation by Great Britain, Canada, or 

 Newfoundland in the form of municipal laws, ordinances, or rules, 

 as, for example, to regulations in respect of (1) the hours, days, or 

 seasons when fish may be taken on the treaty coasts; (2) the method, 

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

 carrying on of fishing operations on such coasts; (3) any other mat- 

 ters of a similar character relating to fishing; such regulations being 

 reasonable, as being, for instance — 



{a) Appropriate or necessary for the protection and preservation 

 of such fisheries and the exercise of the rights of British subjects 

 therein and of the liberty which by the said Article I the inhabitants 

 of the United States have therein in common with British subjects; 



(5) Desirable on grounds of public order and morals; 



(c) Equitable and fair as between local fishermen and the inhabi- 

 tants of the United States exercising the said treaty liberty and not 

 so framed as to give unfairly an advantage to the former over the 

 latter class. 



It is contended on the part of the United States that the exercise 

 of such liberty is not subject to limitations or restraints by Great 

 Britain, Canada, or Newfoundland in the form of municipal laws, 

 ordinances, or regulations in respect of (1) the hours, days, or seasons 

 when the inhabitants of the United States may take fish on the treaty 

 coasts, or (2) the method, means, and implements used by them in 



