The proposed delimitation of the lines of the exclusive fisheries from
the common fisheries will give certainty and security as to the area
of their legitimate field. The headland theory of imaginary lines is
abandoned by Great Britain, and the specification in the treaty of
certain named bays especially provided for gives satisfaction to the
inhabitants of the shores, without subtracting materially from the value
or convenience of the fishery rights of Americans.
The uninterrupted navigation of the Strait of Canso is expressly and for
the first time affirmed, and the four purposes for which our fishermen
under the treaty of 1818 were allowed to enter the bays and harbors of
Canada and Newfoundland within the belt of 3 marine miles are placed
under a fair and liberal construction, and their enjoyment secured
without such conditions and restrictions as in the past have embarrassed
and obstructed them so seriously.
The enforcement of penalties for unlawfully fishing or preparing to fish
within the inshore and exclusive waters of Canada and Newfoundland is to
be accomplished under safeguards against oppressive or arbitrary action,
thus protecting the defendant fishermen from punishment in advance of
trial, delays, and inconvenience and unnecessary expense.
The history of events in the last two years shows that no feature of
Canadian administration was more harassing and injurious than the
compulsion upon our fishing vessels to make formal entry and clearance
on every occasion of temporarily seeking shelter in Canadian ports and
harbors.
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