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Ist Session } SLES { No. 75

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FUR SEALS PROTECTION

MESSAGE

FROM THE

President of the United States

TRANSMITTING

A CONVENTION LOOKING TO THE PROTECTION AND PRES-
ERVATION OF FUR SEALS AND SEA OTTERS IN A CERTAIN
DEFINED ZONE OF THE NORTH PACIFIC OCEAN, SIGNED BY
THE PLENIPOTENTIARIES OF THE UNITED STATES, GREAT
BRITAIN, JAPAN, AND RUSSIA, AT WASHINGTON
ON JULY 7, 1911

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PRESENTED BY MR. LODGE

Jury 25, 1911.—Ordered to be printed

WASHINGTON
1911

62d CONGREss, | EXECUTIVE
1st Session. §

PO
a“ ys FUR SEALS PROTECTION.
MESSAGE
PRESIDENT OF THE UNITED STATES,

A CONVENTION LOOKING TO THE PROTECTION AND PRESERVA-
TION OF THE FUR SEALS AND SEA OTTERS IN A CERTAIN
DEFINED ZONE OF THE NORTH PACIFIC OCEAN, SIGNED BY THE
PLENIPOTENTIARIES OF THE UNITED STATES, GREAT BRITAIN,
JAPAN, AND RUSSIA, AT WASHINGTON ON JULY 7, 1911.

Juty 22, 1911.— Read; convention read the first time and referred to the Committee
on Foreign Relations, and, together with the message and accompanying: papers,
ordered to be printed in confidence for the use of the Senate.

Juty 24, 1911.—Ratified; injunction of secrecy removed.

To the Senate:

With a view to receiving the advice and consent of the Senate to
its ratification, I transmit herewith a convention signed by the
plenipotentiaries of the United States, Great Britain, Japan, and
Russia, at Washington on July 7, 1911, looking to the protection and
preservation of the fur seals and sea otters in a certain defined zone
of the North Pacific Ocean.

The Senate will observe that by the Article XVI it is provided that
the convention shall go into effect on the 15th day of December, 1911,
so that, in order that the convention may become effective on the
part of the United States on the day stated, it would seem desirable
that favorable action thereon be taken by the Senate during its

present session.
Ws. H. Tart.
THE WHITE HOUSE,
Washington, July 22, 1911.

The PRESIDENT:
The international fur-seal conference between the United States,
Great Britain, Japan, and Russia, which was in session at Washing-
* ton from May 11 to July 7, 1911, concluded its labors on the latter

(3)

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date by the signature of a convention. This convention I have the
honor to submit herewith with a view to its transmission to the Senate
to receive the advice and consent of that body to ratification.

It is to be observed that by its terms the convention is to go into
effect on December 15, 1911, so that action thereon by the Senate
during its present session would seem to he desirable.

Respectfully submitted.

Bxcs KNOX.

DEPARTMENT OF STATE,

Washington, July 21, 1911.

1 The United States of America, His Majesty the King of the
2 United Kingdom of Great Britain and Ireland, and of the Brit-
3 ish Dominions beyond the Seas, Emperor of India, His Majesty
4 the Emperor of Japan, and His Majesty the Emperor of all the
5 Russias, being desirous of adopting effective means for the
6 preservation and protection of the fur seals which frequent the
7 waters of the North Pacific Ocean, have resolved to conclude a
8 Convention for the purpose, and to that end have named as
9 their Plenipotentiaries:

10 The President of the United States of America, the Honorable
11 Charles Nagel, Secretary of Commerce and Labor of the United
12 States, and the Honorable Chandler P. Anderson, Counselor of
3 the Department of State of the United States;

14 His Britannic Majesty, the Right Honorable James Bryce, of
15, the Order of Merit, his Ambassador Extraordinary and Plenipo-
16 tentiary at Washington, and Joseph Pope, Esquire, Commander
17 of the Royal Victorian Order and Companion of the Order of
18 St. Michael and St. George, Under Secretary of State of Canada
19 for External Affairs;

20 Klis Majesty the Emperor of Japan, Baron Yasuya Uelida,
2% Jusammi, Grand Cordon of the Imperial Order of the Rising
22 Sun, his. Ambassador Extraordinary and Plenipotentiary at.
23 Washington; and the Honorable Hitoshi Dauké) Shoshu, Third
24 Class of the Imperial Order of the Rising Sun, Director of the
25 Bureau of Fisheries, Department of Agriculture and Commerce;
26 His Majesty the Emperor of all the Russias, the Honorable
27 Pierre Botkine, Chamberlain of His Majesty’s Court, Envoy
28 Extraordinary and Minister Plenipotentiary to Morocco, and
29 Baron Boris Nolde, of the Foreign Office;

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Who, after having communicated to one another their respec-
tive full powers, which were found to be in due and proper form,
have agreed upon the following articles:

ARTICLE I.

The High Contracting Parties mutually and reciprocally agree
that their citizens and subjects respectively, and all persons
subject to their laws and treaties, and their vessels, shall be pro-
hibited, while this Convention remains in force, from engaging
in pelagic sealing in the waters of the North Pacific Ocean,
north of the thirtieth parallel of north latitude and including
the Seas of Bering, Kamchatka, Okhotsk and Japan, and that
every such person and vessel offending against such prohibi-
tion may be seized, except within the territorial jurisdiction
of one of the other Powers, and detained by the naval or other
duly commissioned officers of any of the Parties to this Con-
vention, to be delivered as soon as practicable to an author-
ized official of their own nation at the nearest point to the
place of seizure, or elsewhere as may be mutually agreed upon;
and that the authorities of the nation to which such person
or vessel belongs alone shall have jurisdiction to try the offense
and impose the penalties for the same; and that the witnesses
and proofs necessary te establish the offense, so far as they are
under the control of any of the Parties to this Convention,
shall also be furnished with all reasonable promptitude to the
proper authorities having jurisdiction to try the offense.

ArTIcLeE II.

Each of the High Contracting Parties further agrees that no
person or vessel shall be permitted to use any of its ports or
harbors or any part of its territory for any purposes whatsoever
connected with the operations of pelagic sealing in the waters
within the protected area mentioned in Article I.

Articie III.

Hach of the High Contracting Parties further agrees that no
sealskins taken in the waters of the North Pacific Ocean within
the protected area mentioned in Article I, and no sealskins
identified as the species known as Callorhinus alascanus, Callo-
rhinus ursinus, and Callorhinus kurilensis, and belonging to the
American, Russian or Japanese herds, except such as are taken

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under the authority of the respective Powers to which the breed-
ing grounds of such herds belong and have been officially marked
and certified as having been so taken, shall be permitted to ba
imported or brought into the territory of any of the Parties to
this Convention.

ARTICLE IV.

It is further agreed that the provisions of this Convention
shall not apply to Indians, Ainos, Aleuts, or other aborigines
dwelling on the coast of the waters mentioned in Article I,
who carry on pelagic sealing in canoes not transported by or
used in connection with other vessels, and propelled entirely
by oars, paddles, or sails, and manned by not more than five
persons each, in the way hitherto practiced and without the
use of firearms; provided that such aborigines are not in the
employment of other persons, or under contract to deliver the
skins to any person.

ARTICUESV .

Each of the High Contracting Parties agrees that it will not
permit its citizens or subjects or their vessels to kill, capture or
pursue beyond the distance of three miles from the shore line of
its territories sea otters in any part of the waters mentioned in
Article I of this Convention.

ARTICLE VI. .

Each of the High Contracting Parties agrees to enact and
enforce such legislation as may be necessary to make effective
the foregoing provisions with appropriate penalties for violations
thereof.

ARTICLE VII.

It is agreed on the part of the United States, Japan, and Russia
that each respectively will maintain a guard or patrol in the
waters frequented by the seal herd in the protection of which it
is especially interested, so far as may be necessary for the
enforcement of the foregoing provisions.

ArTIcLE VIII.

All of the High Contracting Parties agree to cooperate with
each other in taking such measures as may be appropriate and
available for the purpose of preventing pelagic sealing in the
prohibited area mentioned in Article I.

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| ARTICLE IX.

The term of pelagic sealing is hereby defined for the purposes of
this Convention as meaning the killing, capturing or pursuing in
any manner whatsoever of fur seals at sea.

ARTICLE X.

The United States agrees that of the total number of sealskins
taken annually under the authority of the United States upon
the Pribilof Islands or any other islands or shores of the waters
mentioned in Article I subject to the jurisdiction of the United
States to which any seal herds hereafter resort, there shall be
delivered at the Pribilof Islands at the end of each season fifteen
per cent (15%) gross in number and value thereof to an author-
ized agent of the Canadian Government and fifteen per cent
(15%) gross in number and value thereof to an authorized agent
of the Japanese Government; provided, however, that nothing
herein contained shall restrict the right of the United States at
any time and from time to time to suspend altogether the taking
of sealskins on such. islands or shores subject to its jurisdiction,
and to impose such restrictions and regulations upon the total
number of skins to be taken in any season and the manner and
times and places of taking them as may seem necessary to protect
and preserve the seal herd or to increase its number.

ARTICLE XI.

The United States further agrees to pay the sum of two hun-
dred thousand dollars ($200,000) to Great Britain and the sum
of two hundred thousand dollars ($200,000) to Japan when this
Convention goes into effect, as an advance payment in each case
in lieu of such number of fur-seal skins to which Great Britain
and Japan respectively would be entitled under the provisions of
this Convention as would be equivalent in each case to two hun-
dred thousand dollars ($200,000) reckoned at their market value
at London at the date of their delivery before dressing and
curing and less cost of transportation from the Pribilof Islands,
such market value in case of dispute to be determined by an
umpire to be agreed upon by the United States and Great Britain,
or by the United States and Japan, as the case may be, which
skins shall be retained by the United States in satisfaction of
such payments.

8

The United States further agrees that the British and Japanese
share respectively of the sealskins taken from the American herd
under the terms of this Convention shall be not less than one
thousand (1,000) each in any year even if such number is more
then fifteen per cent (15%) of the number to which the author-
ized killing is restricted in such year, unless the killing of seals
in such year or years shall have been absolutely prohibited by
the United States for all purposes except to supply food, clothing,
and boat skins for the natives on the islands, in which case the
United States agrees to pay to Great Britain and to Japan each
the sum of ten thousand dollars ($10,000) annually in leu of
any share of skins during the years when no killing is allowed;
and Great Britain agrees, and Japan agrees, that after deducting
the skins of their respective shares, which are to be retained by
the United States as above provided to reimburse itself for the
advance payment aforesaid, the United States shall be entitled to
reimburse itself for any annual payments made as herein required,
by retaining an additional number of sealskins from the British
and Japanese shares respectively over and above the specified
minimum allowance of one thousand (1,000) skins in any subse-
quent year or years when killing is again resumed, until the whole
number of skins retained shall equal, reckoned at their market
value determined as above provided for, the entire amount so
paid, with interest at the rate of four per cent (4%) per annum.

If, however, the total number of seals frequenting the United
States islands in any year falls below one hundred thousand
(100,000), enumerated by official count, then all killing, except-
ing the inconsiderable supply necessary for the support of the
natives as above noted, may be suspended without allow-
ance of skins or payment of money equivalent until the number
of such seals again exceeds one hundred thousand (100,000),
enumerated in like manner.

Article XII.

It is agreed on the part of Russia that of the total number
of sealskins taken annually upon the Commander Islands, or
any other island or shores of the waters defined in Article I
subject to the Jurisdiction of Russia to which any seal herds
hereafter resort, there shall be delivered at the Commander

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Islands at the end of each season fifteen per cent (15%) gross
in number and value thereof to an authorized agent of the
Canadian Government, and fifteen per cent (15%) gross in
number and value thereof to an authorized agent of the Japa-
nese Government; provided, however, that nothing herein
contained shall restrict the right of Russia at any time and
from time to time during the first five years of the term of this
Convention to suspend aitogether the taking of sealskims on
such islands or shores subject to its jurisdiction, and to impose
during the term of this Convention such restrictions and regu-
lations upon the total number of skins to be taken im any sea-
son, and the manner and times and places of taking them as
may seem necessary to preserve and protect the Russian seal
herd, or to increase its number; but it is.agreed, nevertheless,
on the part of Russia that during the last ten years of the term
of this Convention not less than five per cent (5%) of the total
number of seals on the Russian rookeries and hauling grounds
will be killed annually, provided that said five per cent (5%)
does not exceed eighty-five per cent (85%) of the three-year-
old male seals hauling in such year.

If, however, the total number of seals frequenting the Russian
islands in any year falls below eighteen thousand (18,000) enu-
merated by official count, then the allowance of skins mentioned
above and all killing of seals except such as may be necessary for
the support of the natives on the islands may be suspended until
the number of such seals again exceeds eighteen thousand (18,000)
enumerated in like manner.

ARTICLE XIIT.

It is agreed on the part of Japan that of the total number of
sealskins taken annually upon Robben Island, or any other
islands or shores of the waters defined in Article I subject to the
jurisdiction of Japan to which any seal herds hereafter resort,
there shall be delivered at Robben Island at the end of each
season ten per cent (10%) gross in number and value thereof to
an authorized agent of the United States Government, ten per
cent (10%) gross in number and value thereof to an authorized
agent of the Canadian Government, and ten per cent (10%)
gross in number and value thereof to an authorized agent of the

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Russian Government; provided, however, that nothing herein
contained shall restrict the right of Japan at any time and from
time to time during the first five years of the term of this Con-
vention to suspend altogether the taking of sealskins on such
islands or shores subject to its jurisdiction, and to impose during
the term of this Convention such restrictions and regulations
upon the total number of skins to be taken in any season, and
the manner and times and places of taking them as may seem
necessary to preserve and protect the Japanese herd, or to
increase its number; but it is agreed, nevertheless, on the part
of Japan that during the last ten years of the term of this Con-
vention not less than five per cent (5%) of the total number of
seals on the Japanese rookeries and hauling grounds will be
killed annually, provided that said five per cent (5%) does not
exceed eighty-five per cent (85%) of the three-year-old male
seals hauling in such year.

If, however, the total number of seals frequenting the Japanese
islands in any year falls below six thousand five hundred (6,500)
enumerated by official count, then the allowance of skins men-
tioned above and all killing of seals except such as may be neces-
sary for the support of the natives on the islands may be sus-
pended until the number of such seals again exceeds six thousand
five hundred (6,500) enumerated in like manner.

ARTICLE XIV.

It is agreed on the part of Great Britain that in case any seal
herd hereafter resorts to any islands or shores of the waters
defined in Article I subject to the jurisdiction of Great Britain;
there shall be delivered at the end of each season during the term
of this Convention ten per cent (10%) gross in number and value
of the total number of sealskins annually taken from such herd
to an authorized agent of the United States Government, ten per
cent (10%) gross in number and value of the total number of
sealskins annually taken from such herd to an authorized agent
of the Japanese Government, and ten per cent (10%) gross in
number and value of the total number of sealskins annually taken
from such herd to an authorized agent of the Russian Government.

ARTICLE XY.

It is further agreed between the United States and Great

Britain that the provisions of this Convention shall supersede,

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in so far as they are inconsistent therewith or in duplication
thereof, the provisions of the treaty relating to the fur seals,
entered into between the United States and Great Britain on
the 7th day of February, 1911.

ARTICLE XVI.

This Convention shall go into effect upon the 15th day of
December, 1911, and shall continue in force for a period of
fifteen (15) years from that date, and thereafter until termi-
nated by twelve (12) months’ written notice given by one or
more of the Parties to all of the others, which notice may be
given at the expiration of fourteen years or at any time after-
wards, and it is agreed that at any time prior to the termination
of this. Convention, upon the request of any one of the High
Contracting Parties, a conference shall be held forthwith between
representatives of all the Parties hereto, to consider and if pos-
sible agree upon a further extension of this Convention with
such additions and modifications, if any, as may be found
desirable.

ARTICLE XVII.

This Convention shall be ratified by the President of the
United States, by and with the advice and consent of the Senate
thereof, by His Britannic Majesty, by His Majesty the Emperor
of Japan, and by His Majesty the Emperor of all the Russias;
and ratifications shall be exchanged at Washington as soon as
practicable.

In faith whereof, the respective Plenipotentiaries have signed
this Convention in quadruplicate and have hereunto affixed their
seals.

Done at Washington the 7th day of July, in the year one
thousand nine hundred and eleven.

CHARLES NAGEL [ ]
CHANDLER P. ANDERSON [ |
JAMES BRYCE [ |
JOsEPH POPE [ ]
Y. Ucuimwa [SEAL]
H. DauKE [ ]
P. BorKineE [ ]
NOLDE [ ]

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