1006 CORRESPONDENCE, ETC. 



to find some temporary solution of the difficulty as to the regulations 

 under which the Americans are to fish. 



His Majesty's Government note with satisfaction Mr. Root's 

 statement that the American Government are far from desiring that 

 the fishery should go unregulated, and believing as they do that the 

 Newfoundland regulations have been framed with the intention of 

 preserving and maintaining the fishery in the most efficient and 

 productive condition, and for the prevention of practices that must 

 be detrimental to the common interests they propose to communi- 

 cate a copy of all the regulations that are now in force, and if there 

 is anything in these regulations which the United States Government 

 feel to bear hardly upon the American fishermen, His Majesty's 

 Government will gladly pay the utmost consideration to any Ameri- 

 can representations on the subject with a view to the amendment of 

 the regulations in the sense*desired, provided that such be consistent, 

 with the due preservation of the fishery. 



Pending this examination of the regulations, His Majesty's Govern- 

 ment would propose the following arrangements as to the provisions 

 in the Newfoundland enactments that have been most discussed. 



These are the obligation to report at a Custom House and to pay 

 light dues, and the prohibition to use purse seines, and to fish on 

 Sundays. Other regulations, such as the prohibition to throw 

 ballast or rubbish into the water frequented by herring, and to throw 

 overboard on the fishing ground fish offal, heads and bones, have 

 occasionally come in question, but are clearly reasonable, and are 

 not, it is believed, objected to by the United States Government. 

 Fishing at night is another question which has been discussed, 

 although it is not forbidden by the regulations. His Majesty's Gov- 

 ernment understand that by tacit consent among the fishermen 

 themselves fishing is not pursued at night, and with this arrangement 

 there seems no reason to interfere. 



With regard to the entry and clearance of American vessels at 

 Newfoundland ports, I would remind Your Excellency that the 

 American vessels engaged in the winter fishery in the Bay of Islands 

 must pass hi close proximity to several Custom Houses, and that it 

 cannot be said that the obligation to report and clear unduly inter- 

 feres with the operations of the vessels. On this point, however, His 

 Majesty's Government would, in order to secure an arrangement for 

 the next fishing season, be prepared to defer discussion o the ques- 

 tion of right; but they would urge, on the other hand, that it would 

 be most advisable that American vessels should comply with the 

 regulation on the ground that unless the vessels enter at the Custom 

 Houses, the British authorities have no cognizance that they are in 

 Newfoundland waters, and that, as His Majesty's Government are 

 responsible for keeping the peace, it is important that they should 

 know exactly what American vessels are on the fishing grounds. 

 Moreover, the provision in question is clearly necessary for the pre- 

 vention of smuggling, and unless American vessels have made proper 

 entry at a Custom House, there is no means, short of searching the 

 vessels, of ascertaining whether they are really fishing vessels, and 

 not smugglers. 



The next point in dispute is the prohibition of purse seines. His 

 Majesty's Government have the independent testimony of British 



