[1328] Hansard, vol. 170, pp. 472, 1206, 1246, 1383.
[1329] In these Norwegian vessels there were a “flag-master” and a “fishing-master,” the former, nominally in charge of the vessel, being a Norwegian in order to comply with the registration laws, but often, or usually, occupying a humble position, such as cook. The “fishing-master” had the real control and occupied the master’s rooms on board. He, like all or most of the crew, was English, resident at Grimsby.
[1330] In April the penalties ranged from £10 to £2, 10s., or two to ten days’ imprisonment; in July they ranged from £1 or one day to £45 or fourteen days; three cases were dismissed, one was found not proven, and in five the verdict was not guilty; four cases were appealed to the High Court by the Procurator-Fiscal and the appeal sustained. Twenty-Sixth Ann. Rep. Fishery Board for Scot., Part I., App. L., II.
[1331] Hansard, vol. 170, p. 472.
[1332] [See p. 707] et seq.
[1333] Hansard, vol. 169, pp. 832, 991, 1037; vol. 170, pp. 786, 1246, 1247; vol. 192, p. 832. &c.
[1334] Ibid.
[1335] Thus, in the “Reply on behalf of Her Britannic Majesty’s Government to the Answer of the United States of America,” submitted to the International Fisheries Commission at Halifax in 1877, it was said: “It is not understood that the Answer either raises or invites the discussion of any rules or doctrines of international law, save such as bear upon the question of what are to be considered the territorial waters of a maritime State for the purposes of exclusive fishing. The contention of the Answer in relation to these doctrines which requires special attention, is that which asserts that Great Britain and other Powers have traditionally recognised a rule, by which foreigners were excluded from fishing in those bays only which are six miles, or less, in width at their mouths. It is distinctly asserted on the part of Her Majesty’s Government that this alleged rule is entirely unknown to, and unrecognised by, Her Majesty’s Government, and it is submitted that no instance of such recognition is to be found in the Answer or the Brief accompanying the same, and that none can be produced.” This was approved of by the Earl of Derby, Foreign Secretary (the Earl of Derby to Mr Ford, August 31, 1877; the same to the same, Oct. 6, 1877).
[1336] 11th Nov. 1908. Hansard, vol. 196, p. 236. Very important declarations as to the territorial character of bays will be found in the decision of the Permanent Court of Arbitration at The Hague, on the North Atlantic Fisheries (7th September 1910, Award No. V.), received as these sheets are passing through the press. The application of the three-mile limit to bays was rejected, the following rule being formulated: “In case of bays the three marine miles are to be measured from a straight line drawn across the body of water at the place where it ceases to have the configuration and characteristics of a bay. At all other places the three marine miles are to be measured following the sinuosities of the coast.” In its practical application to British North America, the Tribunal recommended a ten-mile limit generally, except for certain specified bays (including Chaleurs, Miramichi, Egmont) where special lines, enclosing much larger areas, are proposed.
[1337] Hansard, vol. 170, p. 1383. The miles referred to are English statute miles.