The Earl of Elgin to Governor Sir W. MacGregor.
United States ambassador has presented memorandum on subject of modus vivendi, of which following is substance: First, it expresses appreciation of readiness to waive foreign fishing-vessels act, 1906, and points out that this and other restrictive legislation had compelled United States fishermen to use purse seines or abandon their rights; second, it acknowledges cordial disposition evinced by offer not to apply section 3 and first part of section 1 of act of 1905; third, United States fishermen will gladly pay light dues if not hindered in their right to fish, and are not unwilling to comply with regulation to report at custom-houses when possible, but it is remarked that it is sometimes physically impossible to break through ice for that purpose; fourth, as regards purse seines and Sunday fishing, very grave difficulties present themselves, since if both these are taken away there might be, as things stand, no opportunity for profitable fishing under United States treaty rights. United States Government are convinced that purse seines are no more injurious to common fishery than gill nets; are not, in fact, so destructive, and do not tend to change migratory course of herring, as gill nets do, through death of large percentage of catch and consequent pollution of water. The small amount of purse seining could not, of course, materially affect common fishery this season; besides, many United States fishermen have already sailed with purse seines, as usual, and the others [Page 736] are already provided with them. This use of purse seines was not free choice of United States fishermen; they have been driven to it by local regulations, and continued use of it at this late date this year seems vital. United States Government will, however, renounce Sunday fishing for this season if His Majesty’s Government will consent to use of purse seines, and they can not too strongly urge acceptance of this solution. (End of substance of memorandum.)
His Majesty’s Government propose to consent to use of purse seines, subject of course to due regard being paid to other modes of fishery, and earnestly trust that your ministers will see their way to agree to this course and to pass regulation temporarily removing prohibition of use of purse seines. If your ministers fall in with this proposal, His Majesty’s Government will be happy to endeavor to arrange with United States Government that practice of engaging Newfoundland fishermen just outside 3-mile limit, which to some extent prevailed last year, should not be resorted to this year. Telegraph reply as soon as possible.