Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-09-11
Fisheries Award is Substan:
tiaI Victory.
ANALYSIS OF THE DECISION
British Sovereignty Is Sustained
American Fishermen Protected.
STATE DEPARTMENTS OPINION
Permanent Commission Provided for
to Adjust Mooted Questions.
Rules Are Suggested.


The general result of the fisheries
award by The Hague tribunal lis re-
garded as a substantial victory for the
conventions of the United States" ac-
cording to an unofficial analysis of the
decision given out by the Department
Of State last night
The analysis based upon the depart
ment's cable summary. is necessarily
tentative. pending receipts of full re-
port. The analysis takes up the seven
questions seriatim.
AS to question one, wherein the British
claim OF inherent sovereign power to
make the fisheries regulations without
this governments consent was sustain
ed, the department says that while the
United States thus lost its extreme con-
tention, that the 1918 treaty established
an international servitude exempting
American fishermen absolutely from
British fishing regulations. the decision,
in practical effect. appears to secure the
same measure of protection against I'M
fair legislation which this contention
was designed to secure.
0OVeIelSu AAhAAsSu'
Thus" says the department. 1.-THE
British sovereign rights over fishing In
British waters are affirmed, but the ex-
ercise of such rights is effectively limited
for the protection of American fisher
men,"
I'm accordance with the terms of article
four of the arbitration agreement" says
the State Department the tribunal
recommends that all regulations, either
by Great Britain. Canada or Newfound-
land, shall be published at least two
months before they are to go into opera
ton. the United States having the right,
at any time within such two months, TO
object to the regulations as not within
the rules above laid down, and that such
objection being made by the United
States TO any proposed regulation, the
regulation will not 20 into effect until "A
permanent mixed fishery commission-for
the organization of which provision Is
made in the award--has decided that the
regulation IL reasonable within the mean
ing of the award.
This commission which, as stated. Is
to be permanent. Is to consist OF one
expert national, appointed by each party
for a term OF five years. with a third
member, not a national Of either party.
who shall be nominated for five years by
agreement Of the parties. or who. failing
such agreement, shall be nominated by
the Queen Of the Netherlands. III the
two national members fail to agree upon
the reasonableness Of any regulation sub
mitted to them the question shall be
placed before the full commission. pre-
sided over by the non-national member
The unanimous decision OF the two ma
tional commissioners or the majority de-
cision by one commissioner and the UNI
pire shall be final and binding.
Definition of Bays"
Regarding the decision on question five
defining bays" the department says:
1T cannot be regarded as laying down
any general rule regarding the determi-
nation of the extent or bays in other
waters, than the bays on the non-treaty
coasts or regarding the extent OF bays
in these waters except as to the fishing
rights renounced by the United States
The department says that on this point
the tribunal gave compromise de-
cision'' which closes TO American fSher-
men on non-treaty coasts all bays ten
miles cor less between headlands. and
opens TO them all bays whose mouths
are more than ten miles between headl-
ands.
Under questions three and four, the ef-
feet OF the decision is interpreted as pro-
hibiting restrictions making the exer-
else of the treaty privilege 10 enter the
bay, harbors, etc, for shelter, repairing
water conditional upon payment OF
duties or entry on report at custom
houses or upon any similar conditions
But a forty eight-hour limit clause was
inserted TO prevent abuse OF this privi-
lege.
Rules Laid Down.
The tribunal recommends that the two
governments accept these rules In de-
termining the limits of bays
First, In every bay not hereinafter pro-
vided for the limits of exclusion shall be
drawn three miles seward 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.
Second, in certain bays, named below
where the configuration OF the coast and
the local climatic conditions are such that
foreign fishermen, when within the geo.
graphical headlines, might reasonably and
bona fide believe themselves in the high
seas, the limits OF exclusion shall be
drawn I'm accordance with specifications
given such limits being those at and
within which the fishermen might rea-
sonably be 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 Macuereau Point light; for
the Bay of Miramichi. the limit from
the light at Point Escuminas to the
light on the eastern point OF Tabisintac
Gully: for Egmont bay, Prince Edward
Island, the line from the light at Cape
Egmont to the light at West Point. and
off ST. AIMS bay, in the province of
Nova Scotia. the line from the light at
Point Anconi to the nearest point on
the opposite shore OF the mainland; for
Fortune bay in Newfoundland the line
from Connagre Head to the light on the
southeasterly end of Brunei Island,
thence TO Fortune Head. For or near the
following bays the limits Of exclusion
shall be three marine miles seaward
from the following lines, namely:
Scotia. the line from the light on Stod-
dart Island to the light on the south
point of Cape Sable. thence to the light
at Baccare Point: at Chedabucto and st.
Peters bay. the line from Cranberry Is
land light to Green Point, to Scatari Is
land, 10 the northeasterly point of Cape
Morien; and at Placentia bay in New
foundland. the line from Eatine 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 Dryer Island on st. Mary.s
bay in Nova Scotia shall. for the pur-
pose OF delimitation, be taken as the
coasts of such bays.
1T is understood that nothing in these
rules refers either to the Bay of Fundy.
considered as whole. apart from it's
bays and creeks. or as to the Innocent
passage through the Gut OF Canso
which were excluded by the agreement