34 COMMISSION OF CONSERVATION 



acts of the Governments of Canada and Newfoundland were incon- 

 sistent with the true interpretation of the Treaty of 1818 was based on 

 the contention that these provisions were not "reasonable" within the 

 meaning of Question I. 



After calling upon this Tribunal to express an opinion on these 

 acts, pursuant to the second clause of Article II, the United States of 

 America pointed out in that statement that under Article III any 

 question regarding the reasonableness of any regulation might be refer- 

 red by the Tribunal to a Commission of expert specialists, and expres- 

 sed an intention of asking for such reference under certain circum- 

 stances. 



The Tribunal having carefully considered the counter-statement 

 presented on behalf of Great Britain at the session of August 2nd, is of 

 opinion that the decision on the reasonableness of these regulations re- 

 quires expert information about the fisheries themselves and an exam- 

 ination of the practical eff'ect of a great number of these provisions in 

 relation to the conditions surrounding the exercise of the liberty of 

 fishery enjoyed by the inhabitants of the United States, as contemplat- 

 ed by Article III. No further action on behalf of the United States is 

 therefore required from this Tribunal under Article II. 



AS TO ARTICLE III 



As provided in Article III, hereinbefore cited and above referred 

 to, "any question regarding the reasonableness of any regulation, or 

 otherwise, which requires an examination of the practical efi'ect of any 

 provisions surrounding the exercise of the liberty of fishery enjoyed 

 by the inhabitants of the United States, or which requires expert in- 

 formation about the fisheries themselves, may be referred by this Tri- 

 bunal to a Commission of expert specialists; one to be designated by 

 each of the Parties hereto and the third, who shall not be a national of 

 either Party, to be designated by the Tribunal. ' ' 



The Tribunal now therefore calls upon the Parties to designate 

 within one month their national Commissioners for the expert examina- 

 tion of the questions submitted. 



As the third non-national Commissioner this Tribunal designates 

 Doctor P. P. C. Hoek, Scientific Adviser for the fisheries of the Nether- 

 lands, and if any necessity arises therefor a substitute may be appoint- 

 ed by the President of this Tribunal. 



After a reasonable time, to be agreed on by the Parties, for the 

 expert Commission to arrive at a conclusion, by conference, or, if neces- 

 sary, by local inspection, the Tribunal shall, if convoked by the Pre- 

 sident at the request of either Party, thereunon at the earliest con- 

 venient date, reconvene to consider the report of the Commission, and 



