40 COMMISSION OF CONSERVATION 



Further, the Tribunal considers that the fulfilment of the require- 

 ment 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 oppor- 

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

 house or to a customs oflBcial. 



But the exercise of the fishing liberty by the inhabitants of the 

 United States should not be subjected to the purely commercial form- 

 alities of report, entry and clearance at a custom house, nor to light, 

 harbour or other dues not imposed upon Newfoundland fishermen. 



QUESTION IV 



Under the provision of the said Article that the American fishermen 

 shall be admitted to enter certain bays or harbours for shelter, repairs, 

 wood, or water, and for no other purpose whatever, but that they shall 

 be under such restrictions as may be necessary to prevent their taking, 

 drying or curing fish therein or in any other manner whatever abusing 

 the privileges thereby reserved to thetn, is it permissible to impose 

 restrictions making the exercise of such privileges conditional upon the 

 payment of light or harbour or other dues, or entering or reporting at 

 custom houses or any similar conditions ? 



The Tribunal is of opinion that the provision in the first Article of 

 the Treaty of October 20, 1818, admitting American fishermen to enter 

 certain bays or harbours for shelter, repairs, wood and water, and for no 

 other purpose whatever, is an exercise in large measure of those duties of 

 hospitality and humanity which all civilized nations impose upon them- 

 selves and expect the performance of from others. The enumerated 

 purposes for which entry is permitted all relate to the exigencies in 

 which those who pursue their perilous calling on the sea may be involved. 

 Tlie proviso which appears in the first article of the said Treaty nn- 

 mediately after the so-called renunciation clause, was doubtless due to a 

 recognition by Great Britain of what was expected from the humanity 



