Page 96 - Records of Bahrain (3) (ii)_Neat

M2 Records of Bahrain

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view : whether such proprietary rights existed in the case of the Persian
Gulf bank6 or not was, however, a question the answer to which must
depend on the evidence available as to the enjoyment of the bank fisheries
by the tribes and the exclusion of others from them. It was added with
reference to the banks, that there appeared to be grounds for asserting the
possession by the tribes of an exclusive right of fishery ; that the enjoy­
ment of such a right by the tribes in common was not a bar in W to
its acquisition.; and that, regard being had to the relations of Ilis Majes­
ty's Government with the tribes on the western shores of the Gulf, the
existence of the right might properly be maintained on their behalf
by His Majesty's Government. With regard to deep waters, where the
tribes themselves had not been accustomed to fish, itdid not appear to
the Law Officers that a claim by the tribes to exclude aliens from such
waters could be advanced with any chance of success.
The recommendations of the Law Officers in regard to practical
measures of protection were that fishing by foreigners within territorial
waters might be prevented, but that indirect means should, if possible, be
taken to discourage them from pearling on the non-territorial banks or in
deepwater; in the last resort, however, it would be admissible, in the
case of the banks only, to effect the compulsory removal of the vessels;
but such measures should be taken'with caution, and only after obtaining
authority from the local chiefs. The Law Officers also pointed out that
the whole question might be raised, if this were considered politic, in a
form suitable for decision by the Hague Tribunal; but they added that,
as the result of such a reference was uncertain, it would probably be
better to avoid raising the question internationally.

International political questions on the Persian side, 1883-1907.

The Persian pearl banks are situated, almost without exception, in the
territorial waters of Persia, and their international status is correspond­
ingly clear; moreover, as they are subject to the chiefs in whose jurisdic­
tions they lie, there is not in their case any question of common popular
rights on a large scale. Any difficulties which may arise on this side of
the Gulf are likely to concern the Persian Government chiefly, and to
have their origin in a conflict between the rights of the central Govern­
ment and those of the local chiefs, who, as we have seen, have been able
up to the present time, to exclude the Government from any share in the
profits of the fishery. Nevertheless, the question of pearl diving opera­
tions under European or other foreign auspices is not without importance
even on the Persian coast.
In 1882 a concession to fish for pearls on the Persian banks was Tho Mi
obtained by the Mukhbir-ud-Daulch, the Persian Minister of Telegraphs,
who was also a candidate at the same time for a navigation concession on co'ncciSj01
the Karun River and for oil-mining rights elsewhere; in all these is82.
schemes he was, either openly or privately, associated with the British
firm of Messrs. Gray, Paul & Co. of Bushehr. The pearl fishing
concession was the only one of the various projects which actually came
into operation : it was expressly restricted to the territorial waters of