No. 302.
Mr. Bayard to Mr. Phelps .

No. 472.]

Sir: My attention has just been drawn to a notice published by the British Government in London in relation to the exercise of fishing rights in common with France.

It occurs to me that it may be pertinent to-the consideration of the questions discussed in the modm vivendi, in relation to the British North American fisheries, lately forwarded to you by this Department.

The publication no doubt can readily be procured in London. It is issued in pamphlet form.

I am, etc.,


Inclosure in No. 472.

Further notice to British fishermen with respect to the exclusive fishery limits of France.

The French Government have intimated to Her Majesty’s Government that the recent detention of English oyster smacks which entered Havre to pass Sunday there in fine weather, was effected by the maritime authority at that port for an infraction of Articles LXXXV and LXXXVI of the International Fishery Regulations of May 24, 1843, and that the minister of marine in Paris, on learning the circumstances, directed that the smacks should he immediately released, in consequence of the toleration which has for a long time existed in the United Kingdom and France as regards not enforcing the strict observance of these articles.

The French Government have given special instructions for preventing a recurrence of like circumstances, without a preliminary reference on the part of the authority at the port to the ministry of marine.

The French Government have further intimitated that, in the event of their finding that the maintenance of the existing toleration gives rise to inconvenience, notice will be given to Her Majesty’s Government, so as to allow of the latter issuing timely warning to British fishermen. (The Board of Trade Journal, vol. 1, No. 4, p. 146, 1886, London.)