NORTH ATLANTIC FISHERIES DISPUTE 39 



houses or the payment of light or harbour or other dues, or to any other 

 similar requirement or condition or exaction ? 



The Tribunal is of opinion as follows: 



It is obvious that the liberties referred to in this question are those 

 that relate to taking fish and to drying and curing fish on certain coasts 

 as prescribed in the Treaty of October 20, 1818. The exercise of these 

 liberties by the inhabitants of the United States in the prescribed waters 

 to which they relate, has no reference to any commercial privileges which 

 may or may not attach to such vessels by reason of any supposed author- 

 ity outside the Treaty, which itself confers no commercial privileges 

 whatever upon the inhabitants of the United States or the vessels in 

 which they may exercise the fisliiug liberty. It follows, therefore, that 

 when the inhabitants of the United States are not seeking to exercise the 

 commercial privileges accorded to trading vessels for the vessels in 

 which they are exercising the granted liberty of fishing, they ought not 

 to be subjected to requirements as to report and entry at custom houses 

 that are only appropriate to the exercise of commercial privileges. The 

 exercise of the fishing liberty is distinct from the exercise of commercial 

 or trading privileges and it is not competent for Great Britain or her 

 colonies to impose upon the former exactions only appropriate to the 

 latter. The reasons for the requirements enumerated in the case of com- 

 mercial vessels, have no relation to the case of fishing vessels. 



We think, however, that the requirement that American fishing 

 vessels should report, if proper conveniences and an opportunity for 

 doing so are provided, is not unreasonable or inappropriate. Such a 

 report, while serving the purpose of a notification of the presence of a 

 fishing vessel in the treaty waters for the purpose of exercising the 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 interference in the exercise of the fishing liberty. There 

 should be no such requirement, however, iiuless 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 harbour 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 incon- 

 sistent with the liberty granted to American fishermen to take fish, etc., 

 "in common with the subjects of His Britannic Majesty." 



