AWARD OF THE TRIBUNAL. 73 



the documents presented by either side, after due deliberation makes 

 the following decisions and awards: — 



Question I. 



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 for ever in common with the 

 subjects 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 carry- 

 ing on of fishing operations on such coasts; (3) any other matters of 

 a similar character relating to fishing ; such regulations being reason- 

 able, as being, for instance — 

 109 (fl.) Appropriate or necessary for the protection and preser- 



vation 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; 



(b.) 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 laAvs, 

 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 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 ex- 

 ercise thereof; and 



(h.) 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 



