Mr. Whitelaw Reid to Sir Edward Grey.
(Received October 6.)
Sir: I am authorized by my Government to ratify a modus vivendi in regard to the Newfoundland fishery question on the basis of the foreign office memorandum, dated the 25th ultimo, in which you accept the arrangement set out in my memorandum of the 12th ultimo, and consent accordingly to the use of purse seines by American fishermen during the ensuing season, subject, of course, to due regard being paid in the use of such implements to other modes of fishery, which, as you state, 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.
My Government understand by this that the use of purse seines by American fishermen is not to be interfered with, and the shipment of Newfoundlanders by American fishermen outside the 3-mile limit is not to be made the basis of interference or to be penalized; at the same time they are glad to assure His Majesty’s Government, should such shipments be found necessary, that they will be made far enough from the exact 3-mile limit to avoid any reasonable doubt.
On the other hand, it is also understood that our fishermen are to be advised by my Government, and to agree not to fish on Sunday.
It is further understood that His Majesty’s Government will not bring into force the Newfoundland foreign fishing-vessels act of 1906, which imposes on American fishing vessels certain restrictions in addition to those imposed by the act of 1905, and also that the provisions of the first part of section 1 of the act of 1905, as to boarding and bringing into port, and also the whole of section 3 of the same act will not be regarded as applying to American fishing vessels.
It also being understood that our fishermen will gladly pay light dues if they are not deprived of their rights to fish, and that our fishermen are not unwilling to comply with the provisions of the colonial customs law as to reporting at a custom-house when physically possible to do so.
I need not add that my Government are most anxious that the provisions of the modus vivendi should be made effective at the earliest possible moment. I am glad to be assured by you that this note will be considered as sufficient ratification of the modus vivendi on the part of my Government.
I have, etc.,