AWARD OF THE TRIBUNAL 489 



And, whereas, differences have arisen as to the scope and meaning of the said 

 Article, and of the liberties therein referred to, and otherwise in respect of the rights 

 and liberties which the inhabitants of the United States have or claim to have in the 

 waters or on the shores therein referred to: 



It is agreed that the following questions shall be submitted for decision to a tri- 

 bunal of arbitration constituted as hereinafter provided: — 



Question i. To what extent are the following contentions of either of them 

 justified ? 



It is contended on the part of Great Britain that the exercise of the liberty to take 

 fish referred to in the said Article, which the inhabitants of the United States have 

 forever in common with the subjects of His Britannic Majesty, is subject, without 

 the consent of the United States, to reasonable regulation by Great Britain, Canada, 

 or Newfoundland in the form of municipal laws, ordinances, or rules, as, for example, 

 to regulations in respect of (i) the hours, days, or seasons when fish may be taken on 

 the treaty coasts; (2) the method, means, and implements to be used in the taking 

 of fish or in the carrying on of fishing operations on such coasts; (3) any other matters 

 of a similar character relating to fishing; such regulations being reasonable, as being, 

 for instance — 



(a.) Appropriate or necessary for the protection and preservation of such fisheries 

 and the exercise of the rights of British subjects therein and of the liberty which by 

 the said Article I the inhabitants of the United States have therein in common with 

 British subjects; 



(6.) Desirable on grounds of public order and morals; 



(c.) Equitable and fair as between local fishermen and the inhabitants of the 

 United States exercising the said treaty liberty and not so framed as to give unfairly 

 an advantage to the former over the latter class. 



It is contended on the part of the United States that the exercise of such liberty 

 is not subject to limitations or restraints by Great Britain, Canada, or Newfoundland 

 in the form of municipal laws, ordinances, or regulations in respect of (i) the hours, 

 days, or seasons when the inhabitants of the United States may take fish on the treaty 

 coasts, or (2) the method, means, and implements used by them in taking fish or in 

 carrying on fishing operations on such coasts, or (3) any other limitations or restraints 

 of similar character — ■ 



(a.) Unless they are appropriate and necessary for the protection and preservation 

 of the common rights in such fisheries and the exercise thereof; and 



(b.) Unless they are reasonable in themselves and fair as between local fishermen 

 and fishermen coming from the United States, and not so framed as to give an advan- 

 tage to the former over the latter class; and 



(c.) Unless their appropriateness, necessity, reasonableness, and fairness be deter- 

 mined by the United States and Great Britain by common accord and the United 

 States concurs in their enforcement. 



Question 2. Have the inhabitants of the United States, while exercising the liberties 

 referred to in said Article, a right to employ as members of the fishing crews of their 

 vessels persons not inhabitants of the United States ? 



• Question 3. Can the exercise by the inhabitants of the United States of the liberties 

 referred to in the said Article be subjected, without the consent of the United States, 

 to the requirements of entry or report at custom-houses or the payment of light 

 or harbour or other dues, or to any other similar requirement or condition or 

 exaction ? 



