66 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



provided, however, that the American fishermen shall be admitted 

 to enter such ba^^s 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 whatever abusing the 

 privileges hereby reserved to them." 



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

 of the said article, and of the liberties therein referred to, and other- 

 wise 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 

 provided : — 



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 

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

 the United States, to reasonable regulation by Great Britain, Can- 

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

 rules, as, for example, to regulations in respect of (1) the 

 105 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 matters of a similar character relating to fish- 

 ing; 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; 



(&.) Desirable on grounds of public order and morals; 



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

 habitants 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 sea- 

 sons 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 taking fish or in carrying on fishing operations on such 



