APPENDIX 415 



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 in- 

 terference in the exercise of the fishing 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 harbor 

 dues, if not imposed on Newfoundland fishermen, should 

 not be imposed on American fishermen while exercising the 

 liberty granted by the Treaty. To impose such dues on 

 American fishermen only would constitute an unfair dis- 

 crimination between them and Newfoundland fishermen 

 and one inconsistent with the liberty granted to American 

 fishermen to take fish, etc., "in common with the subjects 

 of His Britannic Majesty." 



Further, the Tribunal considers that the fulfilment of 

 the requirement as to report by fishing vessels on arrival at 

 the fishery would be greatly facilitated in the interests of 

 both parties by the adoption of a system of registration, 

 and distinctive marking of the fishing boats of both parties, 

 analogous to that established by Articles V to XIII, in- 

 clusive, of the International Convention signed at The 

 Hague, 8 May, 1882, for the regulation of the North Sea 

 Fisheries. 



The Tribunal therefore decides and awards as follows : 

 The requirement that an American fishing vessel should 

 report, if proper conveniences for doing so are at hand, is 

 not unreasonable, for the reasons stated in the foregoing 

 opinion. There should be no such requirement, however, 

 unless there be reasonably convenient opportunity afforded 

 to report in person or by telegraph, either at a custom- 

 house or to a customs official. 

 But the exercise of the fishing liberty by the inhabitants 



