North Atlantic Coast: Memorandum I, 12-9-1906

Memorandum, 12 September 1906

[213]^[1]

Memorandum of the American Embassy of September 12, 2006^[2]

My Government hears with the greatest concern and regret that in the opinion of His Majesty’s Government there is so wide a divergence of views with regard to the Newfoundland fisheries that an immediate settlement is hopeless.

But it is much gratified with His Majesty’s Government’s desire to reach a modus vivendi for this season, and appreciates the readiness to waive the foreign fishing vessels Act of 1906. This and other restrictive legislation had compelled our fishermen to use purse seines or abandon their treaty rights.

My Government sees in the offer not to apply section 3, Act of 1905, and that part of section 1 relating to boarding fishing vessels and bringing them into port fresh proof of a cordial disposition not to press unduly this kind of regulation.

Our fishermen will also gladly pay light dues, if not hindered in their right to fish. They are [214] not unwilling, either, to comply with the regulation to report at custom-houses, when possible. It is sometimes physically impossible, however, to break through the ice for that purpose.

Most unfortunately the remaining proposals, those as to purse seining and Sunday fishing, present very grave difficulties.

We appreciate perfectly the desire of His Majesty’s Government to prevent Sunday fishing. But if both this and purse seine fishing are taken away, as things stand there might be no opportunity for profitable fishing left under our treaty rights. We are convinced that purse seines are no more injurious to the common fishery than the gill nets commonly used – are not, in fact, so destructive and do not tend to change the migratory course of the herring as gill nets do, through the death of a large percentage of the catch and consequent pollution of the water.

The small amount of purse seining this season could not, of course, materially affect the common fishery anyway. Besides many of our fishermen have already sailed, with purse seines as usual, and the others are already provided with them. This use of the purse seine was not the free choice of our fishermen. They have been driven to it by local regulations, and the continued use of it at this late date this year seems vital.

But we will renounce Sunday fishing for this season if His Majesty’s Government will consent to the use of purse seines, and we can not too strongly urge an acceptance of this solution.

American Embassy,
London, September 12, 1906.

1 Page numbering refers to the text as it appears in Vol. XI, REPORTS OF INTERNATIONAL ARBITRAL AWARDS (R.I.A.A.).
2 FOREIGN RELATIONS OF THE UNITED STATES, 1906, Pt. 1, at p. 702.