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NORTH SEA FISHERIES CONVENTION

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Originally appearing in Volume V19, Page 787 of the 1911 Encyclopedia Britannica.
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NORTH See also:SEA See also:FISHERIES See also:CONVENTION . This convention, dated May 6th, 1882, was the result of a See also:conference which was held for the purpose of regulating the See also:police of the fisheries in the North Sea. It was entered into by See also:Great See also:Britain, See also:Germany, See also:Denmark, See also:Holland, See also:Belgium and See also:France for a See also:period of five years and was thereafter to run on until See also:notice of intention to terminate it, such notice to affect only the See also:power giving it. The convention is operative only outside the three-mile limit from See also:land. This limit is defined as follows: " The fishermen of each See also:country shall enjoy the exclusive right of See also:fishery within the distance of 3 m. from See also:low-See also:water See also:mark along the whole extent of the coasts of their respective countries, as well as of the dependent islands and See also:banks. As regards bays, the distance of 3 m. shall be measured from a straight See also:line See also:drawn across the See also:bay, in the See also:part nearest the entrance, at the first point where the width does not exceed io m. The See also:present See also:article shall not in any way See also:prejudice the freedom of See also:navigation and anchorage in territorial See also:waters accorded to fishing boats, provided they conform to the See also:special police regulations enacted by the See also:powers to whom the See also:shore belongs." Under the See also:Herring Fishery (See also:Scotland) See also:Act 1889, the Scottish Fishery See also:Board was empowered by by-See also:law to forbid See also:beam-See also:trawling and See also:otter-trawling within a line drawn from Duncansby See also:Head to Rattras Point. Acting under this power, it forbade these methods of trawling. This gave rise to litigation on the question of whether the See also:prohibition applied to non-See also:British See also:ships beyond the three-mile limit (see Mortensen v. See also:Peters, See also:July loth, 1906). The high See also:Court of See also:Justiciary in See also:Edinburgh held that it was not See also:incumbent on the court to draw a distinction between foreigners and British subjects which had not been made by the legislature, and that therefore any infringements of See also:general restrictions imposed, although outside the three-mile limit, were binding, whatever the See also:nationality of the persons committing them. Outside the limits of territorial waters British law, however, does not apply.

Thus a later act, the Sea Fisheries Regulation (Scotland) Act 1895, though it provided for the See also:

imposition of restrictions on certain methods of sea-fishing outside the limits of territorial waters (s. 8), constructively admitted that no power could be given to apply it to non-British fishermen fishing beyond British territorial waters. A See also:provision of the act empowered the Scottish Fishery Board by by-See also:laws to forbid these methods of fishing within 13 M. of the Scottish See also:coast, but added that " no See also:area of sea within the said limit of 13 M. shall be deemed to be under the See also:jurisdiction of her See also:majesty for the purposes of this See also:section unless the powers conferred thereby shall have been accepted as binding upon their own subjects with respect to such area by all the States signatories of the North Sea Convention 1882." A supplementary convention was signed at the See also:Hague, See also:November 16th, 1887, among the same High Contracting Parties, See also:relating to the liquor See also:traffic in the North Sea. It applies to the area set out in See also:art. 4 of the Convention of May 6th, 1882, and forbids the See also:sale of spirituous liquors within it to persons on board fishing vessels. A reciprocal right of visit and See also:search is granted under this convention to the cruisers entrusted with the carrying out of its provisions. (T.

End of Article: NORTH SEA FISHERIES CONVENTION

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