Question i. To what extent are the following contentions
or 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 muni-
cipal 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 imple-
ments 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 preser-
vation 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;
(b) 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
THE NORTH ATLANTIC COAST
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 o*f 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 carry-
ing on fishing operations on such coasts, or (3) any other limit-
ations or restraints of similar character-
(a) Unless they are appropriate and necessary for the pro-
tection 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 fo give an advantage to the former
over the latter class; and
(c) Unless their appropriateness, necessity, reasonableness,
and fairness be determined 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