MISCELLANEOUS. 1301 



license granted to such vessel remained in force. The master of such 

 vessel shall also swear that he is a citizen of the United States, and 

 that such license shall not be used for any other vessel or any other 

 employment than that for which it is specially granted, or in any 

 trade or business whereby the revenue of the United States may be 

 defrauded; and if such vessel be less than twenty tons burden, the 

 husband or managing owner shall swear that she is wholly the prop- 

 erty of citizens of the United States ; whereupon it shall be the duty 

 of the collector of the district comprehending the port whereto such 

 vessel may belong, [the duty of six cents per ton being first paid,~] to 

 grant a license." 



(18 Pel., 1793, c. 8, s. 4, v. 1, p. 306. 27 Feb., 1877, c. 69, v. 19, 

 p. %51.) 



Mr. Reynolds to the Secretary of State. 



TREASURY DEPARTMENT, 

 WASHINGTON, September 18, 1909. 

 The honorable the SECRETARY OF STATE. 



SIR: In response to your inquiry, I have the honor to inform you 

 that under the Statutes of the United States and the rulings of this 

 Department no duty is imposed upon the entry into this country of 

 fish taken in foreign waters by American fishing vessels, with the 

 assistance of foreign fishermen, boats and gear hired for that pur- 

 pose, provided that no portion of the cargo was in fact purchased, 

 fish thus taken being the " product of American fisheries " within 

 the meaning of the Statutes authorizing the free admission into this 

 country of such products. 



Under the rulings of this Department " an American fishery " is 

 " a fishery prosecuted under the American flag." 



Fish thus taken in Newfoundland and other waters under treaty 

 rights by American fishing vessels, have always been considered as 

 the product of an American fishery. 

 Respectfully, 



(Signed) J. B. REYNOLDS, 



Acting Secretary. 



"For this section as amended by Act of Congress of January 16, 1895, se 

 p. 1129. 



