Note 1335 — Chapter V · THE INADEQUACY OF THE THREE-MILE LIMIT FOR FISHERY REGULATIONS.

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).