48 COMMISSION OF CONSERVATION 



East Point of Scatari Island to the Northeasterly Point of Cape Mor- 

 ten ; and at Placentia Bay, in Newfoundland, the line from Latine Point, 

 on the Eastern mainland shore, to the most Southerly Point of Red 

 Island, thence by the most Southerly Point of Merasheen Island to the 

 mainland. 



Long Island and Bryer Island, on St. Mary's Bay, in Nova Scotia, 

 shall, for the purpose of delimitation, be taken as the coasts of such 

 bays. 



It is understood that nothing in these rules refers either to the Bay 

 of Fundy considered as a whole apart from its bays and creeks or as 

 to the innocent passage through the Gut of Canso, which were excluded 

 by the agreement made by exchange of notes between Mr. Bacon and 

 Mr. Bryce dated February 21, 1909, and March 4, 1909 ; or to Concep- 

 tion Bay, which was provided for by the decision of the Privy Council 

 in the case of the Direct United States Cable Company v. The Anglo 

 American Telegraph Company, in which decision the United States 

 have acquiesced. 



QUESTION VI 



Have the inhabitants of the United States the liberty under the said 

 Article or otherwise, to take fish in the bays, harbours, and creeks on 

 that part of the southern coast of Newfoundland which extends from 

 Cape Ray to Rameau Islands, or on the western and northern coasts of 

 Newfoundland from Cape Ray to Qairpon Islands or on the Magdalen 

 Islands ? 



In regard to this question, it is contended by the United States 

 that the inhabitants of the United States have the liberty under Art. 

 I of the Treaty of taking fish in the bays, harbours and creeks on 

 that part of the Southern Coast of Newfoundland which extends 

 from cape Ray to Rameau islands or on the western and northern 

 coasts of Newfoundland from cape Ray to Quirpon islands and on 

 the Maj^dalen islands. It is contended by Great Britain that they 

 have no such liberty. 



Now considering that the evidence seems to show that the intention 

 of the Parties to the Treaty of 1818, as indicated by the records of the 

 negotiations and by the subsequent attitude of the Governments was to 

 admit the United States to such fishery, this Tribunal is of opinion that 

 it is incumbent on Great Britain to produce satisfactory proof that the 

 United States are not so entitled under the Treaty. 



For this purpose Great Britain points to the fact that whereas the 

 Treaty grants to American Fishermen liberty to take fish ' ' on the coasts, 

 bay, harbours, and creeks from Mount Joly on the Southern coast of 



