Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 6, 1875, Volume II

No. 338.
Mr. Bingham to Mr. Fish.

United States Legation,
Tokei, Japan, August 4, 1875. (Received September 10.)

No. 253.]

Sir: On the 31st ultimo, I received from his excellency Terashima Munenori, the Japanese minister for foreign affairs, the inclosed communication in relation to the fisheries of Japan, together with the fishing regulations adopted by his government, copies of which communication and of the regulations (translated) I have the honor to inclose herewith, (inclosure 1.)

You will observe the general terms in which fishing is prohibited, both as to the distance from the shore and the coast to which the prohibition applies. It seems to me desirable that the regulations should be more definite in these particulars, and J shall avail myself of an early opportunity to confer with my colleagues and with the foreign minister upon the subject.

The recent exchange of territory between Russia and Japan the north has not yet been officially communicated to me, and hence I am in doubt as to the territory included within the regulations.

I beg leave to submit the matter to your consideration, and to request of the Department such instructions in relation thereto as may be deemed advisable. I especially ask the attention of the Department to the second and third regulations, providing for the search and seizure of our vessels on the high seas.

I am, &c.,

JNO. A. BINGHAM.

[Inclosure 1 in No. 253.—Translation]

Mr. Terashima to Mr. Bingham.

Foreign Office,
Tokei, the 31st, the 7th month of the 8th year of Meiji.

No. 41.]

Your Excellency: With reference to illegal fishing by foreign vessels in the waters adjacent to the Hokkaido and to the other neigh boring islands under the jurisdiction of the Japanese Empire, I had the honor to inform your excellency, in my letter dated 17th of the 5th month of last year, that it was proposed to take measures for the sustaining Of the exclusive rights of Japan to and for the protection of those fisheries.

The rules and regulations ordering these fisheries have been determined upon as you will find them in the accompanying document, and I beg leave to request your excellency to promulgate them to your countrymen.

With respect and consideration,

TERASHIMA MUNENORI,
His Imperial Japanese Majesty’s Minister for Foreign Affairs.

To His Excellency J. A. Bingham,
Envoy Extraordinary and Minister Plenipotentiary of the United States.

[Inclosure to inclosure in No. 253.—Translation.]

Proposed regulations concerning the taking animals by fishing, by hunting, or otherwise, on the shores of and off the coasts of all the islands of Hokkaido and of those adjacent thereto wider the jurisdiction of the empire of Japan.

I. Every foreign vessel is prohibited from taking fish or other marine animals, either by the use of hooks and lines, or of nets, by shooting them, or in any other way whatever, within reach of a cannon-shot from the shore of any of the coasts of all the islands of Hokkaido and of those adjacent thereto belonging to this empire.

II. It shall be the duty of the Japanese officers specially appointed for the purpose to warn the vessel to leave the place when they have cause to believe her to be violating or to be preparing to violate this prohibition; and if a foreign vessel be found to have violated this prohibition, the said officers shall have the right to board such foreign vessel and to examine her cargo.

III. Whenever any foreign vessel has violated the prohibition contained in the first article, and whenever she shall refuse to leave the place or to allow the examination of her cargo, as mentioned in the second article, it shall be lawful for the officers mentioned in the above article to bring such vessel into the nearest open port, where she shall be placed in charge of the consul of her nationality, and, upon examination, if she be proved guilty, she shall be condemned to make proper reparation.