Memorandum communicated to Mr. Whitelaw Reid, September 25, 1906.
His Majesty’s Government have considered, after consultation with the government of Newfoundland, the proposals put forward in the memorandum communicated by the United States ambassador on the 12th instant respecting the suggested modus vivendi in regard to the Newfoundland fishery question.
They are glad to be able to state that they accept the arrangement set out in the above memorandum, and consent accordingly to the use of purse seines by United States fishermen during the ensuing season, subject, of course, to due regard being paid, in the use of such implements, to other modes of fishery.
His Majesty’s Government trust that the United States Government will raise no objection to such a stipulation, which 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 as would be expected to exist if both sets of fishermen employed the same gear.
They further hope that, in view of this temporary authorization of the purse seine, the United States Government will see their way to arranging that the practice of engaging Newfoundland fishermen just outside the 3-mile limit, which to some extent prevailed last year, should not be resorted to this year.
An arrangement to this effect would save both His Majesty’s Government and the Newfoundland government from embarrassment, which it is conceived, having regard to the circumstances in which the modus vivendi is being settled, the United States Government would not willingly impose upon them. Moreover, it is not in itself unreasonable, seeing that the unwillingness of the United States Government to forego the use of purse seines appears to be largely based upon the inability of their fishermen to engage local men to work the form of net recognized by the colonial fishery regulations.
The United States Government assured His Majesty’s late Government in November last that they would not countenance a specified evasion of the Newfoundland foreign fishing-vessels act, 1905, and the proposed arrangement would appear to be in accordance with the spirit which prompted that assurance.