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CHAPTER XII.

TREATY CLAUSES CONCERNING FISHERIES.

218. STATES have an exclusive right of fishery within the distance of three miles from low-water mark along the whole extent of their coasts.

219. The mile is a geographical mile, whereof sixty make a degree of latitude.

The following are special Treaties on the subject of fisheries

Convention between Great Britain and France,

November 11, 1867.

"I. British fishermen shall enjoy the exclusive right of fishery within the distance of three miles from low-water mark along the whole extent of the coasts of the British Islands, and French fishermen shall enjoy the exclusive right of fishery within the distance of three miles from low-water mark along the whole extent of the coast of France, the only

exception to this rule being that part of the coast of France which lies between Cape Carteret and Point Meinga. The distance of three miles fixed as the general limit for the exclusive right of fishery upon the coast of the two countries, shall, with respect to bays, the mouths of which do not exceed ten miles in width, be measured from a straight line drawn from headland to headland. The miles mentioned in the present Convention are geographical miles, whereof sixty make a degree of latitude.

"III. The arrangements of the Convention shall apply beyond the fishery limits of both Countries as defined by the same in the seas surrounding and adjoining Great Britain and Ireland, and adjoining the Coasts of France between the frontiers of Belgium and Spain. The rules respecting Oyster fishery shall, however, be observed only in the seas comprised within the limits thereafter defined.

"X. Fishing of all kinds, by whatever means and at all seasons, may be carried on in the seas lying beyond the fishery limits which have been fixed for the two Countries, with the exception of that for Oysters as thereafter expressed.

"XXIV. All infractions of the regulations concerning the placing of boats on the fishery grounds, the distance to be observed between them, the prohibition of oyster fishing during a portion of the year, and concerning every other operation connected with the act of fishing, and more particularly concerning

circumstance likely to cause damage, shall be taken cognizance of by the cruisers of either nation, whichever may be the nation to which the fishermen guilty of such infractions may belong.

XXXI. Fishing boats of either of the two countries shall be admitted to sell their fish in such parts of the other country as may be designated for that purpose, on condition that they conform to the regulations mutually agreed upon.

"XXXII. The fishing boats of the one country shall not enter within the fishery limits fixed for the other country, except under the following circum

stances:

"1. When driven by stress of weather or by evident damage.

"2. When carried in by contrary winds, by strong tides, or by any other cause beyond the control of master and crew.

"3. When obliged by contrary winds or tide to beat up in order to reach their fishing ground, and when, from the same cause of contrary wind or tide, they could not, if they remained outside, be able to hold on their course to their fishing ground.

"4. When during the herring fishing season the herring boats of the one country shall find it necessary to anchor under shelter of the coasts of the other country, in order to await the opportunity for proceeding to their fishing ground.

"5. When proceeding to any of the ports of the

other country open to them for the sale of fish in accordance with the preceding article; but in such case they shall never have oyster dredges on board.

"The Convention shall continue in force for ten years from the day on which it may come into operation, and subsequently from year to year."

Convention regarding the Newfoundland Fisheries.

By the Treaty of Utrecht of 1713, whilst the Island called Newfoundland was ceded by the French to Britain, the French were allowed to catch fish and to dry them on land in that part only, and in no other besides that, of the said island which stretches from the place called Cape Bonavista to the northern point of the Island and from thence, running down by the western side, reaches as far as the place called Point Riche.

By Art. V. of the Treaty of Paris of 1763, after renewing the above provisions regarding liberty of the French to fish and dry on a part of the coast of Newfoundland, liberty was given to the French to fish on the Gulf of St. Lawrence at the distance of three leagues from the coast, and on the coast of the Island of Cape Breton at the distance of fifteen leagues from the coast, the Islands of St. Pierre and Miquelon being left to France to serve as a shelter to the French fishermen. By the Treaty of Versailles of 1783, France renounced the right of fishing from Cape Bonavista to

Cape St. John, and Britain consented that the French fishery should extend on the western coast of Newfoundland to the place called Cape Ray, situate in 67° 50' latitude.

Arrangement signed at Paris, November 14, 1885.

"Art. 1. The Government of Her Majesty the Queen of the United Kingdom engages to comply with the following regulations for securing to French fishermen, in execution of the treaties in force, and particularly of the Declaration of 1783, the free exercise of their industry on the Coast of Newfoundland, without any interference or obstruction whatever on the part of British subjects.

"Art. 2. The Government of the French Republic engages on its part, in exchange for the security accorded to French fishermen by the application of the regulations contained in the present arrangement, not to raise any objections against the formation of establishments necessary for the development of every industry other than that of the fisheries on those portions of the coasts of Newfoundland comprised between Cape St. John and Cape Ray.

"It engages equally not to disturb the resident British subjects in respect of the establishment actually existing on those parts of the coast comprised between Cape St. John and Cape Ray passing by the North, but no new ones will be established on

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