651 



with the Treaty of 1818, it shall not be applicable to the inhabitants 

 of the United States exercising their fishing liberties under the Treaty 

 of 1818. 



4. Permanent Mixed Fishery Commissions for Canada and New- 

 foundland, respectively, shall be established for the decision of such 

 questions as to the reasonableness of future regulations, as contem- 

 plated by Article IV of the Special Agreement of January 27, 1909. 

 These Commissions shall consist of an expert national, appointed by 

 each Party for five years; the third member shall not be a national 

 of either Party. He shall be nominated for five years by agreement 

 of the Parties, or, failing such agreement, within two months from 

 the dat«, when either of the Parties to this Agreement shall call upon 

 the other to agTee upon such third member, he shall be nominated 

 by Her Majesty the Queen of the Netherlands. 



' 5. The two national members shall be summoned by the Govern- 

 ment of Great Britain, and shall convene within thirty days from 

 the date of notification by the Government of the United States. 

 These two members having failed to agree on any or all of the ques- 

 tions submitted within thirty days after they have convened, or 

 having before the expiration of that period notified the Government 

 of Great Britain that they are unable to agree, the full Commission, 

 under the presidency of the Umpire, is to be summoned by the Gov- 

 ernment of Great Britain, and shall convene within thirty days there- 

 after to decide all questions upon which the two national members 

 had disagreed. The Commission must deliver its decision, if the two 

 Governments do not agree otherwise, within forty-five days after it 

 has convened. The Umpire shall conduct the procedure in accordance 

 with that provided in Chapter IV of the Convention for the Pacific 

 Settlement of International Disputes, of October 18, 1907, except in 

 so far as herein otherwise provided. 



6. The form of convocation of the Commission, including the terms 

 of reference of the question at issue, shall be as follows : 



"The provision hereinafter fully set forth of an act dated , 



published in the Gazette, has been notified to the Govern- 

 ment of Great Britain by the Government of the United States under 



date of , as provided by the agreement entered into on July 



20, 1912, pursuant to the award of the Hague Tribunal of September 

 7, 1910. 



"Pursuant to the provisions of that Agreement the Government of 

 Great Britain hereby summons the Permanent Mixed Fishery Commis- 

 sion for 



(Canada) 



(Newfoundland) composed of Commissioners for the United 



(Canada) 



States of America, and of Commissioner for (Newfoundland) 



who shall meet at Halifax, Nova Scotia, with power to hold subsequent 

 meetings at such other place or places as they may determine, and ren- 

 der a decision within thirty days as to whether the provision so notified 

 is reasonable and consistent with the Treaty of 1818, as interpreted by 

 the award of the Hague Tribunal of September 7, 1910, and if not, in 

 what respect it is unreasonable and inconsistent therewith. 



