PROTOCOLS OF THE ARBITRATION. '27 



taking fish or in carrying on fishing operations on such coasts, or (3) 

 any other limitations or restraints of similar character — 



(a) Unless they are appropriate and necessary for the protection 

 and preservation of the common rights in such fisheries and the 



exercise thereof; and 

 7 (b) Unless they are reasonable in themselves and fair as 



between local fishermen and fishermen coming from the United 

 States, and not so framed as to give an advantage to the former over 

 the latter class; and 



(c) Unless their appropriateness, necessity, reasonableness, and 

 fairness be determined by the United States and Great Britain by 

 common accord and the United States concurs in their enforcement. 



Question 2. Have the inhabitants of the United States, while exer- 

 cising the liberties referred to in said Article, a right to employ as 

 members of the fishing crews of their vessels persons not inhabitants 

 of the United States? 



Question 3. Can the exercise by the inhabitants of the United 

 States of the liberties referred to in the said Article be subjected, with- 

 out the consent of the United States, to the requirements of entry or 

 report at custom-houses or the payment of light or harbour or other 

 dues, or to any other similar requirement or condition or exaction? 



Question 4. Under the provision of the said Article that the 

 American fishermen shall be admitted to enter certain bays or har- 

 bours for shelter, repairs, wood, or water, and for no other purpose 

 whatever, but that they shall be under such restrictions as may be 

 necessary to prevent their taking, drying, or curing fish therein or in 

 any other manner whatever abusing the privileges thereby reserved 

 to them, is it permissible to impose restrictions making the exercise of 

 such privileges conditional upon the payment of light or harbour or 

 other dues, or entering or reporting at custom-houses or any similar 

 conditions ? 



Question 5. From where must be measured the " three marine 

 miles of any of the coasts, bays, creeks, or harbours " refered to in 

 the said Article? 



Question 6. Have the inhabitants of the United States the liberty 

 under the said Article or otherwise to take fish in the bays, harbours, 

 and creeks on that part of the southern coast of Newfoundland which 

 extends from Cape Ray to Rameau Islands, or on the western and 

 northern coasts of Newfoundland from Cape Ray to Quirpon Islands, 

 or on the Magdalen Islands? 



Question 7. Are the inhabitants of the United States whose ves- 

 sels resort to the treaty coasts for the purpose of exercising the lib- 

 erties referred to in Article I of the treaty of 1818 entitled to have 

 for those vessels, when duly authorized by the United States in that 



