New-York tribune., 1906-10-22
FISHERIES AGREEME ENT.
Tert of Modus ViUendi z0ith Great
Britain Made Public.

has made public the text of the moduS viVenul
relative to the Newfoundland fisheries. which
has already been told in abstract form, but
which the people of Newfoundland have ex-
pressed a desire to see in its entirety before
the Cabinet of the island colony decides upon a
line of action In. this case the modus vivendi,
instead of taking the form of treaty. is en-
bodied in correspondence passing between the
British Foreign Office and the American Am
bassador at London, follows:
THE AMERICAN AMBASSADOR TO THE
BRITISH FOREIGN OFFICE.
American Embassy. London Oct 6, 1906
Sir; 1 am authorized by my government to
ratify a modus vivendi in regard to the New
foundland fishery questions on the basis of the
Foreign Office memorandum, dated the 25th of
September, 1906, in which you accept the ar
rangement set out in my memorandum of the
18th of September, and consent accordingly to
the use of purse senes by American fishermen
during the ensuing season, subject, of course.
to due regard being paid in the use of such i'm
plements to other modes of fishery, which.
you state, is only intended to secure that there
shall be the same spirit of give and take and
of respect for common rights between the users
of purse seines and the users of stationary nets.
would be expected to exist if both sets of
fishermen employed the same gear.
My government understand by this that the
use of purse seines by American fishermen is not
to be fnterfered WITH and that the shipment of
observation-disclosures by American fishermen out
side the three-me limit is not to be made the
basis of interference or to be penalized. At the
same time they are glad to assure his majesty's
government, should shipments be found neces-
sary, that they will be made far enough from the
exact three-mile limit to avoid any reasonable
doubt.
On the other hand, it is also understood that
our fishermen to be advised by my govern
ment and to agree, not to fish on Sunday
It is furthsr understood that his rnajesty's
government Will not bring into force the New
foundland foreign fishing vessels act of 1906
which imposes on American fishing vessels GER
tain restrictions in addition to those imposed by
the act of 1905, and also that the provisions of
the first part of Section of the act of 1905, as
TO buying and bringing into port, and also the
whole of Section of the same act, will not be
regarded applying to American fishing YES,
sells. 1t also being understood that fishermen
will gladly pay light dues If they are not de-
prived of their rights TO fish, and that our fish
ermen not unwilling to comply with the pro-
visions of the colonial customs law as TO report
ing at a custom house when physically possible
to do so.
I need not add that my government are most
anxious that the provisions of the nodus vitendi
should be made effective at the earliest possible
moment. 1 glad TO be assured by You that
this note will be considered as sufficient rati-
government. WHITELAW REID
To the Right Hon. Sir Edward Grey. BIT
THE BRITISH FOREIGN OFFICE TO THE
AMERICAN AMBASSADOR
Foreign Office. October 8. 1906.
Your Excellency: ! have received with sat
your excellency states that you have been
authorized by your government to ratify a
Itlodus VlVendl IN regard to the Newfoundland
flshery question. on the basis of the memoran-
dunn which had the honor to communicate to
you on the 25th ult, and l am glad to assure
your eXcellency that the note in question will
be considered by his majestys government as
a sufficient ratidcation of that arrangement on
the part OF the United States government
His majestys government fully share the
desire of your government that the provisions
of the modus vivendi should be made effective
at the earliest moment possible and the neces-
sary instructions for its observance were ac-
cordingy sent to the government of New
foundland Immediately on receipt of your eX-
cellency's communication.
On the absence of the Secretary OF State),
E. GORST.