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CONVENTION BETWEEN THE UNITED STATES, GREAT BRITAIN, RUSSIA AND JAPAN FOR THE PRESERVATION AND PROTECTION OF FUR SEALS.
Signed at Washington July 7, 1911; ratification advised by the Senate July 24, 1911; ratified by the President November 24, 1911; ratified by Great Britain August 25, 1911; ratified by Japan November 6, 1911; ratified by Russia October 22/November 4, 1911; ratifications exchanged at Washington December 12, 1911; proclaimed December 14, 1911.
(Treaty Series, No. 564; 37 Statutes at Large, 1542.)
ARTICLES
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ARTICLE I - Prohibition relative to pelagic sealing.
ARTICLE II - Prohibition relative to use of ports.
ARTICLE III - Importation of fur seal skins.
ARTICLE IV - Exemption of Indians.
ARTICLE V - Protection of sea otters.
ARTICLE VI - Legislation for enforcement of treaty.
ARTICLE VII - Maintenance of guard or patrol.
ARTICLE VIII - Cooperation for the prevention of pelagic sealing.
ARTICLE IX - Pelagic sealing defined.
ARTICLE X - Distribution of seals taken by the United States.
ARTICLE XI - Payment by the United States.
ARTICLE XII - Distribution of seal skins by Russia.
ARTICLE XIII - Distribution of seal skins by Japan.
ARTICLE XIV - Distribution of seal skins by Great Britain.
ARTICLE XV - Treaty of February 7, 1911 superseded.
ARTICLE XVI - Effect; duration.
ARTICLE XVII - Ratification.
The United States of America, His Majesty the King of
the United Kingdom of Great Britain and Ireland, and of the British
Dominions beyond the Seas, Emperor of India, His Majesty the Emperor of
Japan, and His Majesty the Emperor of all the Russias, being desirous of
adopting effective means for the preservation and protection of the fur
seals which frequent the waters of the North Pacific Ocean, have resolved to
conclude a Convention for the purpose, and to that end have named as their
Plenipotentiaries;
The President of the United States of America, the
Honorable Charles Nagel, Secretary of Commerce and Labor of the United
States, and the Honorable Chandler P. Anderson, Counselor of the Department
of State of the United States;
His Britannic Majesty, the Right Honorable James Bryce,
of the Order of Merit, his ambassador Extraordinary and Plenipotentiary at
Washington, and Joseph Pope, Esquire, Commander of the Royal Victorian Order
and Companion of the Order of St. Michael and St.
George, Under Secretary of State of Canada for External Affairs;
His Majesty the Emperor of Japan, Baron Yasuva Uchida,
Jusammi, Grand Cordon of the Imperial Order of the Rising Sun, his
Ambassador Extraordinary and Plenipotentiary at Washington; and the
Honorable Hitoshi Dauké, Shoshii, Third Class of the Imperial Order of the
Rising Sun, Director of the Bureau of Fisheries; Department of Agriculture
and Commerce;
His Majesty the Emperor of all the Russias, the
Honorable Pierre Botkine, Chamberlain of His Majesty’s Court, Envoy
Extraordinary and Minister Plenipotentiary to Morocco, and Baron Boris Nolde,
of the Foreign Office;
Who, after having communicated to one another their respective 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 prohibited, while
Convention remains in force, from engaging in pelagic sealing in 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 prohibition 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 Convention, to be delivered as soon as practicable to
an authorized 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 to 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.
ARTICLE II.
Each of the High Contracting Parties further agrees
that no person 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.
ARTICLE III.
Each of the High Contracting Parties further agrees
that no seal-skins 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, Callorhinus ursinus, and Callorhinus
kurilensis, and belonging to the American, Russian or Japanese herds, except
such as are taken under the authority of the respective Powers to which the
breeding grounds of such herds belong and have been officially marked and
certified as having been so taken, shall be permitted to be 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.
ARTICLE V.
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 shorn 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.
ARTICLE IX.
The term 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 authorized 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
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
hundred 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 advanced 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 hundred 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 ease may be, which skins shall be retained by the United
States in satisfaction of such payments.
The United States further agrees that the British and
Japanese shares 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 than fifteen per cent
(15%) of the number to which the authorized 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 lieu 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 subsequent 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, excepting the
inconsiderable supply necessary for the support of the natives as above
noted, may be suspended without allowance 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 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 Japanese 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 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 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, percent (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)
enumerated 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 XIII.
It is agreed on the part of Japan that of tile 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 herd 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 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
Convention 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 Convention 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 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 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 XV.
It is further agreed between the United States and
Great Britain that the provisions of this Convention shall supersede, 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 terminated 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 (14) years or at any
time afterwards, 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 possible 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 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 [SEAL]
CHANDLER P. ANDERSON [SEAL]
JAMES BRYCE [SEAL]
JOSEPH POPE [SEAL]
Y. UCHIDA [SEAL]
P. BOTKINE [SEAL]
NOLDE [SEAL]
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1912.