"ملف A/5 مصائد اللؤلؤ بالخليج العربي" [و‎‎١‎١] (٦٢/٢١)

4
The material fa'jts may he stated as follows :—
1. The pearl fishery banks lie off the Arabian coast of the Persian
Gulf and otl" the coast of Bahrein. They extend, as shown on the
charts enclosed with the Government of India's letter, from Um-ul-
Kawain to near the head of the Gulf. His Majesty's Government has
identical agreements Avitli the Arab Chiefs of Ras -ul -Khaimah, Uin-ul-
Kawain, Ajman, Sliargah, Debai, Abu Dthabi and Balirein, by which
the Chiefs have praclically surrendered their foreign relations into the
hanils of the British Government. The territory of these Cliiefs
comprises the Arabian const of the Gulf off which the pearl bunks lie
up to the island of Bahrein, w f ith the exception of the promontory of
El Katr, with whose Chief the question of making a similar agreement is
now r under the consideration of His Majesty's Government. North of
Bahrein the sovereignty over the Arabian shore of the Gnlf 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.
4. [a) Portions of some of the pearl banks lie within the three-mile
territorial limit.
{b) Some of the banks extend from within the three-mile limit
outwards for several miles.
(<?) 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.
o. The tribes have not fished for pearls in the deep waters off the banks,
having no appliances for deep water fishing. It is apprehended that
dredging for pearls in such deep w r aters would materially injure the
pearl fishery on the banks ; and it 4s 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 ;
and (2) the power of the British Government to act on their behalf in
maintaining that monopoly. It is conceived that some preeise delegation
of authority to the British Government to act on behalf of the tribes in
this matter would be necessary. It must be added that none of the
tribes have any judicial system or courts of law for dealing with
trespassers or trespassing boats.
7. The Law Officers might be asked to advise as to the legal rights of
the tribes within, and also without, the three-mile territorial limit; and
as to the nature and extent of the delegation to be obtained ; and,
further, as to the procedure to be followed in expelling interlopers and
dealing with their boats and fishing appliances.
Enclosure No. 4.
Foreign Office to India Office.
The Under Secretary of State for Foreign Affairs presents his
compliments to the Under Secretary of State lor India, and is directed
by the Secretary of State for Foreign Affairs to transmit, to be laid
before the Secretary of Stste for India, a further section of confidential
^correspondence. (Foreign Office to the Law r Officer of the Crown,
19th October 1904.)
Foreign Office,
27th October 1904.
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