232 CASE OF THE UNITED STATES. 



between the users of purse seines and the users of stationary nets as 

 would be expected to exist if both sets of fishermen employed the 

 same gear. 



My Government understand by this that the use of purse seines by 

 American fishermen is not to be interfered with, and that the shipment 

 of Newfoundlanders by American fishermen outside the 3 mile limit is 

 not to be made the basis of interference or to be penalized ; at the same 

 time they are glad to assure His Majesty's Government, should such 

 shipments be found necessary, that they will be made far enough from 

 the exact 3 mile limit to avoid any reasonable doubt. 



On the other hand it is also understood that our fishermen are to be 

 advised by my Government, and to agree, not to fish on Sunday. 



It is further understood that His Majesty's Government will not 

 bring into force the Newfoundland Foreign Fishing Vessels Act of 

 1906 which imposes on American fishing vessels certain restrictions 

 in addition to those imposed by the Act of 1905, and also that the pro- 

 visions of the first part of Section I of the Act of 1905, as to boarding 

 and bringing into port, and also the whole of Section 3 of the same 

 Act, will not be regarded as applying to American fishing vessels. 



It also being understood that our fishermen will gladly pay light 

 dues if they are not deprived of their rights to fish, and that our 

 fishermen are not unwilling to comply with the provisions of the Colo- 

 nial Customs Law as to reporting at a custom house when physically 

 possible to do so. 



I need not add that my Government are most anxious that the pro- 

 visions of the modus vivendi should be made effective at the earliest 

 ossible moment. I am glad to be assured by you that this note will 

 e considered as sufficient ratification of the modus vivendi, on the 

 part of my Government.'* 



The note from the Foreign Office under date of October 8, 1906, 



was as follows : 



I have received with satisfaction the note of the 6th instant in 

 which Your Excellency states that you have been authorized by 

 your Government to ratify a modus vivendi in regard to the New- 

 foundland Fishery Question on the basis of the Memorandum which 

 I had the honour to communicate to you on the 25th ultimo, and I 

 am glad to assure Your Excellency that the note in question will be 

 considered by His Majesty's Government as a sufficient ratification 

 of that arrangement on the part of the United States Government. 



His Majesty's Government fully share the desire of your Govern- 

 ment that the provisions of the modus vivendi should be made effect- 

 ive at the earhest moment possible and the necessary instructions for 

 its observance were accordingly sent to the Government of New- 

 foundland immediately on receipt of Your Excellency's communica- 

 tion.'' 



Soon after the modus vivendi of 1906 went into effect the United 

 States Government was informed that the members of an American 

 fishing vessel's crew who, in accordance with the provisions of the 



a Appendix p. 45. b Appendix, p. 46. 



