90 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



Question III. 



Can the exercise by the inhabitants of the United States of the lib- 

 erties referred to in the said article be subjected, without 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 ? 



The Tribunal is of opinion as follows : 



It is obvious that the liberties referred to in this question are those 

 that relate to taking fish and to drying and curing fish on cer- 

 120 tain coasts as prescribed in the treaty of October 20, 1818. 

 The exercise of these liberties by the inhabitants of the United 

 States in the prescribed waters to which they relate, has no reference 

 to any commercial privileges which may or may not attach to such 

 vessels by reason of any supposed authority outside the treaty, which 

 itself confers no commercial privileges whatever upon the inhabitants 

 of the United States or the vessels in which they may exercise the 

 fishing liberty. It follows, therefore, that when the inhabitants of 

 the United States are not seeking to exercise the commercial priv- 

 ileges accorded to trading- vessels for the vessels in which they are ex- 

 ercising the granted liberty of fishing, they ought not to be subjected to 

 requirements as to report and entry at custom-houses that are only 

 appropriate to the exercise of commercial privileges. The exercise of 

 the fishing liberty is distinct from the exercise of commercial or trad- 

 ing privileges and it is not competent for Great Britain or her colo- 

 nies to impose upon the former exactions only appropriate to the lat- 

 ter. The reasons for the requirements enumerated in the case of com- 

 mercial vessels, have no relation to the case of fishing- vessels. 



We think, however, that the requirement that American fishing- 

 vessels should report, if jDroper conveniences and an opportunity for 

 doing so are provided, is not unreasonable or inappropriate. Such a 

 report, while serving the purpose of a notification of the presence of 

 a fishing- vessel in the treaty waters for the purpose of exercising the 

 treaty liberty, while it gives an opportunity for a proper surveillance 

 of such vessel by revenue officers, may also serve to afford to such 

 fishing-vessel protection from interference in the exercise of the fish- 

 ing liberty. There should be no such requirement, however, unless 

 reasonably convenient opportunity therefor be afforded in person or 

 by telegraph, at a custom-house or to a customs official. 



The Tribunal is also of opinion that light and harbour dues, if not 

 imposed on Newfoundland finliermen, should not be imposed on Ameri- 

 can fishermen while exercising the liberty granted by the treaty. To 

 impose such dues on American fishermen only would constitute an 

 unfair discrimination between them and Newfoundland fishermen 

 and one inconsistent wath the liberty granted to American fishermen 



