512 APPENDIX 



applicability, and that it leaves room for doubts and differences in practice. There- 

 fore the Tribunal considers it its duty to render the decision more practicable and to 

 remove the danger of future differences by adjoining to it, a recommendation in 

 virtue of the responsibilities imposed by Art. IV of the Special Agreement. 



Considering, moreover, that in treaties with France, with the North German Con- 

 federation and the German Empire and likewise in the North Sea Convention, Great 

 Britain has adopted for similar cases the rule that only bays of ten miles width should 

 be considered as those wherein the fishing is reserved to nationals. And that in the 

 course of the negotiations between Great Britain and the United States a similar rule 

 has been on various occasions proposed and adopted by Great Britain in instructions 

 to the naval officers stationed on these coasts. And that though these circumstances 

 are not suf&cient to constitute this a principle of international law, it seems reason- 

 able to propose this rule with certain exceptions, all the more that this rule with 

 such exceptions has already formed the basis of an agreement between the two 

 Powers. 



Now therefore this Tribunal in pursuance of the provisions of art. IV hereby recom- 

 mends for the consideration and acceptance of the High Contracting Parties 

 the following rules and method of procedure for determining the hmits of the 

 bays hereinbefore enumerated. 



1. In every bay not hereinafter specifically provided for the limits of exclusion shall 



be drawn three miles seaward from a straight line across the bay in the part 

 nearest the entrance at the first point where the width does not exceed ten miles. 



2. In the following bays where the configuration of the coast and the local climatic 



conditions are such that foreign fishermen when within the geographic head- 

 lands might reasonably and bona fide believe themselves on the high seas, the 

 limits of exclusion shall be drawn in each case between the headlands herein- 

 after specified as being those at and within which such fishermen might be 

 reasonably expected to recognize the bay under average conditions. 



For the Bale des Chaleurs the line from the Light at Birch Point on Miscou Island 

 to Macquereau Point Light: for the Bay of Miramichi, the line from the Light 

 at Point Escuminac to the Light on the Eastern Point of Tabisintac Gully; 

 for Egmont Bay, in Prince Edward Island, the hne from the light at Cape Egmont 

 to the Light at West Point; and off St. Ann's Bay, in the Province of Nova 

 Scotia, the line from the Light at Point Anconi to the nearest point on the oppo- 

 site shore of the mainland. 



For Fortune Bay, in Newfoundland, the hne from Connaigre Head to the Light on 

 the Southeasterly end of Brunet Island, thence to Fortune Head. 



For or near the following bays the Umits of exclusion shall be three marine miles sea- 

 wards from the following Unes, namely: 



For or near Barrington Bay, in Nova Scotia, the line from the Light on Stoddart 

 Island to the Light on the south point of Cape Sable, thence to the light at Bac- 

 caro Point; at Chedabucto and St. Peter's Bays, the line from Cranberry Island 

 Light to Green Island Light, thence to Point Rouge; for Mira Bay, the line from 

 the Light on the East Point of Scatari Island to the Northeasterly Point ofCape 

 Morien; 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 pur- 

 pose 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 con- 

 sidered 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 21st 1909 

 and March 4th igog; or to Conception Bay, which was provided for by the 

 decision of the Privy Council in the case of the Direct United States Cable Com- 

 pany V. The Anglo American Telegraph Company, in which decision the United 

 States have acquiesced. 



