S04 APPENDIX 



After a reasonable time, to be agreed on by the Parties, for the expert Commission 

 to arrive at a conclusion, by conference, or, if necessary, by local inspection, the 

 Tribunal shall, if convoked by the President at the request of either Party, there- 

 upon at the earliest convenient date, reconvene to consider the report of the 

 Commission, and if it be on the whole unanimous shall incorporate it in the 

 award. If not on the whole unanimous, i.e., on all points which in the opinion 

 of the Tribunal are of essential importance, the Tribunal shall make its award 

 as to the regulations concerned after consideration of the conclusions of the 

 expert Commissioners and after hearing argument by counsel. 



But while recognizing its responsibilities to meet the obligations imposed on it under 

 Article III of the Special Agreement, the Tribunal hereby recommends as an 

 alternative to having recourse to a reconvention of this Tribunal, that the Parties 

 should accept the unanimous opinion of the Commission or the opinion of the 

 non-national Commissioner on any points in dispute as an arbitral award rendered 

 under the provisions of Chapter IV of the Hague Convention of 1907. 



As TO Article IV 



Pursuant to the provisions of this Article, hereinbefore cited, this Tribunal recom- 

 mends for the consideration of the Parties the following rules and method of 

 procedure under which all questions which may arise in the future regarding the 

 exercise of the liberties above referred to may be determined in accordance with 

 the principles laid down in this award. 



1. All future municipal laws, ordinances or rules for the regulation of the fishery 



by Great Britain in respect of (i) the hours, days or seasons when fish may be 

 taken on the Treaty coasts; (2) the method, means and implements used in the 

 taking of fish or in carrying on fishing operations; (3) any other regulation of 

 a similar character shall be published in the London Gazette two months before 

 going into operation. 

 Similar regulations by Canada or Newfoundland shall be similarly published in the 

 Canada Gazette and the Newfoundland Gazette respectively. 



2. If the Government of the United States considers any such laws or regulations 



inconsistent with the Treaty of 1818, it is entitled to so notify the Government 

 of Great Britain within the two months referred to in Rule No. i. 



3. Any law or regulation so notified shall not come into effect with respect to inhab- 



itants of the United States until the Permanent Mixed Fishery Commission has 

 decided that the regulation is reasonable within the meaning of this award. 



4. Permanent Mixed Fishery Commissions for Canada and Newfoundland respectively 



shall be established for the decision, of such questions as to the reasonableness 

 of future regulations, as contemplated by Article IV of the Special Agreement; 

 these Commissions shall consist of an expert national appointed by either 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 faihng such 

 agreement within two months, he shall be nominated by Her Majesty the Queen 

 of the Netherlands. The two national members shall be convoked by the Gov- 

 ernment of Great Britain within one month from the date of notification by the 

 Government of the United States. 



5. The two national members having failed to agree within one month, within another 



month the full Commission, under the presidency of the umpire, is to be convoked 

 by Great Britain. It must deliver its decision, if the two Governments do not 

 agree otherwise, at the latest in three months. The Umpire shall conduct the 

 procedure in accordance with that provided in Chapter IV of the Convention 

 for the Pacific Settlement of International Disputes, 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 has been notified to the 



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



date of , as provided by the award of the Hague Tribunal of September 7th, 



1910. 

 "Pursuant to the provisions of that award the Government of Great Britain hereby 



convokes the Permanent Mixed Fishery Commission for -^ — i"'^ m a ) composed 



