PERIOD FROM 1888 TO 1909. 229 



(5.) The United States' Government will direct the masters of 

 United States' fishing-vessels to comply with the provisions of the 

 Colonial Customs Law as to reporting at a customs-house, on arrival 

 in and departure from colonial waters. 



2. As regards head (3) of this Arrangement, I would point out that 

 of the three restrictions which the Colonial Fishery Regulations 

 impose on the herring fishery in the waters open to United States' 

 fishermen, the first, viz., the prohibition of "purse" seines, is in force 

 in all the waters of the Colony. It is also in force in all the waters of 

 Canada. The second, the prohibition of herring traps, is also in force 

 in Placentia, St. Mary's and Fortunes Bays, and m the district of 

 Twillingate. The third, the prohibition of "lierring " seines, is in force 

 also subject to some reservations as to baiting purposes in the inner 

 waters of Placentia Bay, and in certain waters on the north-east 

 coast. The application of these three restrictions to the herring bays 

 of the west coast is, of course, prior to and not in any way connected 

 with the present policy of the Colonial Government, and His Majesty's 

 Government have the testimony of the naval officers who have been 

 employed on the Treaty Coast as to the destructive results of the use 

 of seines. His Majesty's Government therefore hope that the 

 United States' Government will recognize that His Majesty's Govern- 

 ment are, apart from any question of right, acting in the interests of 

 the continuation of the common fishery in proposing as a part of the 

 provisional Arrangement compHance with the three restrictions 

 mentioned. 



The fourth restriction, viz., the prohibition of Sunday fishing, is of 

 general application throughout the Colony, and is also in force in 

 Canada. Having regard to the duration of the fishing season and to 

 other circumstances. His Majestj^'s Government do not feel that 

 compliance \nth this prohibition involves any material inconvenience 

 to United States' fishermen. On the other hand, in view of the strong 

 feehng against Sunday fishing which prevails in the Colony, the dis- 

 regard of it is fraught with possibilities of serious disorder. It is 

 therefore hoped that the United States' Government will assist His 

 Majesty's Government in the maintenance of peaceable relations 

 between the two sets of fishermen by not countenancing any breach 

 of the prohibition during the ensuing season. 



3. As regards head (5), as explained in the Memorandum commu- 

 nicated to your Excellency on the 2nd Febniary, a call at a customs- 

 house, whether on entering or on leaving the waters of the Colony, 

 need involve no interference with a vessel's fishing operations, and 

 is in itself a requirement which may be reasonably made in the 

 interests not only of the colonial revenue but of the United States' 

 fishermen. 



4. I trust that you mil be able to inform me at an early date that 

 the Arrangement outlined above is agreed to by your Government." 



The views of the United States Government on the proposals for a 

 modus vivendi, submitted by Sir Edward Grey, are set forth in the 



"Appendix, p. 989. 



