'File A/5 Pearl fisheries of Persian Gulf' [‎11v] (22/62)

A
Annex.
Foreign Office to the Law Officers of the Crown.
Foreign Office,
Gentlemen, igth October 1904.
I have the honour to transmit to you herewith, by direction of
the Marquess of Lansdowne, the papers noted in the accompanying list,
relative to the question of the steps to be taken to pr vent foreign
inter fere nee Avitli the rights enjoyed by the tribes on the Arabian coast
oi" the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. in the pearl fisheries.
^ It will be observed, from the India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. letter of the 30th June
(Annex AV that the Government of India have called the attention of
His Majesty's Government to the fact that, by the steps they have con
sistently taken for mo«e than a century t > maintain the maritime peace
of the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , they have deprived the Arab Chiefs on the eoa5;t of
the means of forcibly protecting their interests in the pearl fisheries,
and that they therefore feel themselves to be under an obli<ration to
def.'iid those li-hts in so fnr as they can reasonably be substantiated.
J hey cite instances in the past in which they have successfully
intervened to prevent the intrusion both of foreigners, by diplomatic
means, and of British subjects.
They recognise, however, that the position is difficult, both in regard
to British subjects and from the point of view of international law.
They, therefore, desire to ascertain the extent to which they may be
authorised to intervene, should the necessity arise.
The material facts may be stated as follows :—
1. The pearl fishery banks lie off the Arabian Coast of the Persian
Gulf, and off the coast of Bahrein. They extend, as shown on the
charts (Annex B), inclosed with the Government of India's letter, from
Um-ul-Kawain to near the head of the Gulf. His Majesty's Govern
ment have identical agreements (Annex C) with the Arab Chiefs of
Eas-ul-Khaimah. Um-ul-Kawain, Ajman, Shargah, Debai, Abu Dthabi,
and Bahrein, by which the Chiefs.have practically surrendered their
foreign relations into the hands of the British Government. The terri
tory of these Chiefs comprises the Arabian coast of the Gulf off which
the pearl banks lie up to the island of Bahrein, with the exception of
the promontory of El Katr, with whose Chief the question of making a
similar agreement is now under the consideration of His Majesty's
Government. North of Bahrein, the sovereignty over the Arabian
shore of the Gulf belongs to the Sultan of Turkey, with the exception
of the territory of the Sheikh of Koweit, who has special relations with
His Majesty's Government.
2. Apparently all the tribes fish for pearls wherever they are to be
found, and no tribe has exercised a right excluding the other tribes from
any part of the fishery.
3. Only members of the tribes have hitherto fished for pearls in these
waters.
Portions of some of the pearl banks lie within the three-mile
territorial limit.
Some of the banks extend from within the three-mile limit
outwards for several miles.
(c) Some of the banks are entirely outside the three-mile limit.
In all these cases the tribes have exercised an exclusive and
concurrent right of fishing for pearls.
5. The tribes have not fished for pearls in the deep waters o(f the
banks, having no appliances for deep water fishing. It is apprehended
that dredging for pearls in such deep waters would materially injure
the pearl fishery on the banks ; and it is desired, if possible, to prevent,
dredging in such deep waters.
6. The action to be taken for the protection of the pearl fishery would
appear to depend on (1) the legal right of the tribes to a monopoly;
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