XXXVI. The commanders of the cruisers of each of the two countries, and all officers or other agents appointed to superintend fisheries, shall exercise their judgment as to infractions of the regulations with regard to the fishery limits; and when they shall be satisfied of the fact of the infraction, they may detain the boats of the offenders, or cause them to be detained, and may take them, or cause them to be taken, into port, where, upon clear proof of the offence, such boats may be condemned by the competent court or magistrate to a fine not exceeding £10 (250 francs). In default of payment, such boats may be detained for a period not exceeding 3 months. In case of repetition of the offence, the fine may be doubled. XXXVII. The proceedings and trial in cases of infraction of the provisions of the present Convention shall take place as speedily and as summarily as the laws in force will permit. XXXVIII. The terms "British Islands" and "United Kingdom," employed in this Convention, shall include the Islands of Jersey, Guernsey, Alderney, Sark, and Man, with their dependencies. XXXIX. Her Britannic Majesty engages to recommend to Parliament to pass an Act to enable her to carry into execution such of the arrangements contained in the present Convention as require legislative sanction. When such an Act shall have been passed, the Convention shall come into operation from and after a day to be then fixed upon by the two High Contracting Parties. Due notice shall be given in each country, by the Government of that country, of the day which may be so fixed upon. XL. The Convention shall continue in force for 10 years from the day on which it may come into operation, and if neither party shall, 12 months before the expiration of the said period of 10 years, give notice of its intention to terminate its operation, the Convention shall continue in force one year longer, and so on from year to year, until the expiration of one year's notice from either party for its termination. The High Contracting Parties, however, reserve to themselves the power to make, by mutual consent, any modification in the Convention which experience shall have shown to be desirable, provided it is not inconsistent with the principles on which it is based. XLI. The Convention concluded between the High Contracting Parties on the 2nd of August, 1839, and the Regulations of the 23rd of June, 1843. shall continue in force until the day when, as provided in Article XXXIX, the present Convention shall come into operation, and shall then altogether cease and determine. XLII. The present Convention shall be ratified, and the ratifications shall be exchanged as soon as possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done at Paris, the 11th of November, in the year of our Lord, 1867. [L. S.] [L. S.] 92909°-S Doc. 870, 61-3, vol 6 -12 LYONS ADDITIONAL ARTICLE. It is agreed that Article XXXI of the Convention signed this day shall not come into operation until the two Contracting Parties shall have come to a further understanding on the subject. Due notice shall be given of the day that may be fixed upon for its coming into operation. The present Additional Article shall have the same force and validity as if it were inserted, word for word, in the Convention signed this day. It shall be ratified, and the ratifications shall be exchanged at the same time as those of the Convention. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done at Paris, the 11th of November, in the year of our Lord, 1867. [L. S.] [L. S.] [Annex.] LYONS Declaration annexed to the Convention of November 11, 1867. The fishermen of each country shall not be allowed to land or discharge their fish in the other country except at places where there is a Custom House, and during office hours. Immediately upon their arrival, and in all cases before they commence the discharge of their cargo, they shall present their musterroll, or license, or official paper, to the proper officer of Customs, and shall pass an entry at the Custom-House, stating, as nearly as possible, the quantity of fish which they have on board. If the master of a fishing-boat cannot write, the officer of Customs shall fill up for him the form required, and the master shall affix his mark thereto. The Custom-House officers shall have the power to board and search the fishing boats of the other country in the manner directed by the Customs laws. During their stay in the ports of the other country, the fishermen of either country shall, if required to do so by the Customs authorities, deposit in a warehouse or in the Custom-House, until their departure, all stores subject to duty, which shall not be necessary for their daily consumption. No charge shall be made for such warehousing. The ports enumerated in the subjoined list, where there is a Custom-House establishment, are those that shall be open in each country to the fishermen of the other country. In case the Customs establishment at any of those ports should be abolished, notice thereof shall be given to the Government of the other country. NORTH SEA FISHERIES CONVENTION, 1882. Convention between Her Britannic Majesty, the German Emperor, King of Prussia, the King of the Belgians, the King of Denmark, the President of the French Republic, and the King of the Netherlands, for regulating the police of the North Sea fisheries. [Signed at The Hague, May 6, 1882.] Her Majesty the Queen of the United Kingdom of Great Britain and Ireland; His Majesty the German Emperor, King of Prussia; His Majesty the King of the Belgians; His Majesty the King of Denmark; the President of the French Republic; and His Majesty the King of the Netherlands, having recognized the necessity of regulating the police of the fisheries in the North Sea, outside territorial waters, have resolved to conclude for this purpose a convention, and have named their plenipotentiaries as follows: Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the honorable William Stuart, companion of the Most Honorable Order of the Bath, etc., her envoy extraordinary and minister plenipotentiary at The Hague; Charles Malcolm Kennedy, esq., companion of the Most Honorable Order of the Bath, etc., head of the commercial department of the foreign office; and Charles Cecil Trevor, esquire, barrister at law, assistant secretary to the Board of Trade, etc.; His Majesty the German Emperor, King of Prussia, Veit Richard von Schmidthals, knight of the Order of the Red Eagle of the third class, and of the Order of St. John, etc., councilor of legation, his charge d'affaires at The Hague; and Peter Christian Kinch Donner, knight of the Order of the Red Eagle of the fourth class with the sword, and of the crown of the fourth class, etc., his councilor of state, captain in the navy, on the reserve; His Majesty the King of the Belgians, the Baron d'Anethan, commander of the Order of Leopold, etc., his envoy extraordinary and minister plenipotentiary at The Hague; and M. Leopold Orban, commander of the Order of Leopold, etc., his envoy extraordinary and minister plenipotentiary, director-general of the political department in the ministry of foreign affairs; His Majesty the King of Denmark, Carl Adolph Bruun, knight of the Order of the Danebrog, etc., captain in the navy; The President of the French Republic, the Count Lefebvre de Behaine, commander of the national order of the Legion of Honor, etc., envoy extraordinary and minister plenipotentiary of the French Republic at The Hague; and M. Gustave Emile Mancel, officer of the national order of the Legion of Honor, etc., commissary of marine; His Majesty the King of the Netherlands, the Jonkheer Willem Frederik Rochussen, commander of the Order of the Lion of the Netherlands, etc., president of the committee for sea fisheries: Who, after having communicated the one to the other their full power, found in good and due form, have agreed upon the following articles: ARTICLE I. The provisions of the present convention, the object of which is to regulate the police of the fisheries in the North Sea, outside territorial waters, shall apply to the subjects of the high contracting parties. ARTICLE II. The fishermen of each country shall enjoy the exclusive right of fishery within the distance of 3 miles from low-water mark along the whole extent of the coasts of their respective countries, as well as of the dependent islands and banks. As regards bays, the distance of 3 miles shall be measured from a straight line drawn across the bay in the part nearest the entrance, at the first point where the width does not exceed 10 miles. The present article shall not in any way prejudice the freedom of navigation and anchorage in territorial waters accorded to fishing boats, provided they conform to the special police regulations enacted by the powers to whom the shore belongs. ARTICLE III. The miles mentioned in the preceding article are geographical miles, whereof 60 make a degree of latitude. The present convention shall be brought into force from and after a day to be agreed upon by the high contracting parties. The convention shall continue in operation for five years from the above day; and, unless one of the high contracting parties shall, twelve months before the expiration of the said period of five years, give notice of intention to terminate its operation, shall continue in force one year longer, and so on from year to year. If, however, one of the signatory powers should give notice to terminate the convention, the same shall be maintained between the other contracting parties, unless they give a similar notice. ADDITIONAL ARTICLE. The Government of His Majesty the King of Sweden and Norway may adhere to the present convention, for Sweden and for Norway, either jointly or separately. This adhesion shall be notified to the Netherlands Government, and by it to the other signatory powers. In witness whereof the plenipotentiaries have signed the present convention, and have affixed thereto their seals. Done at the Hague, in six copies, the 6th May, 1882. [L. S.] [L. S.] [L. S.] L. S.] L. S.] L. S. L. 8. L. S. L. S.] L. S.] L. S.] [L. 8.] W. STUART. C. M. KENNEDY. Bon. A. D'ANETHAN. C. BRUUN. Cte. LEFEBVRE DE BEHAINE. ROCHUSSEN. E. N. RAHUSEN. Protocol relating to deposit of instruments of ratification with the Netherlands Government. [Translation.] In conformity with the agreement arrived at between their respective Governments, the undersigned envoys extraordinary and ministers plenipotentiary of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, His Majesty the German Emperor, King of Prussia, His Majesty the King of the Belgians, and the French Republic, met together this day at the office of the minister for foreign affairs at the Hague, in order to proceed with the undersigned minister for foreign affairs of His Majesty the King of the Netherlands, to the examination and deposit of the instruments of ratification of the convention signed at the Hague the 6th May, 1882, having for its object the regulation of the police of the fisheries in the North Sea, outside territorial waters. The instruments of ratification having been produced, and the minister for foreign affairs of His Majesty the King of the Netherlands having produced the instrument of ratification of His Majesty the King of Denmark, which the minister for foreign affairs at Copenhagen had forwarded to him in a note dated the 11th June, 1883, as well as the instrument of ratification signed by His Majesty the King of the Netherlands, and the said instruments having been examined and found in good and due form, the documents were delivered to the minister for foreign affairs of His Majesty the King of the Netherlands, in order that they might remain deposited in the archives of the department for foreign affairs at the Hague, such deposit being in place of an exchange of the said instruments. The undersigned, envoys extraordinary and ministers plenipotentiary, duly authorized by their respective Governments, and the undersigned, minister for foreign affairs of His Majesty the King of the Netherlands, equally authorized by His Majesty the King of the Netherlands, and by the Government of His Majesty the King of Denmark, have, moreover, mutually agreed that the convention shall be put into operation two months after the date of the present protocol. |