No. 396.
Mr. Fish
to Mr. Bingham.
Washington, September 28, 1875.
Sir: Your No. 253, containing certain fishing regulations determined on by the Japanese government, and sent to you for promulgation, has been received.
You state that it appears to you desirable that the regulations should be more definite as respects the precise distance within which fishing is prohibited and the shores to which the prohibition applies; and you also direct my attention to the second and third regulations.
[Page 830]I agree in your conclusion that the distance and area within which fishing is prohibited is indefinitely stated. It would seem better to define the shores which are affected thereby, and to substitute the marine league in place of a cannon-shot as the limit of the jurisdictional waters of Japan.
The second and third regulations are also open to criticism. The measures therein provided for against offending vessels should be confined strictly to the waters over which Japan has exclusive jurisdiction.
It is further provided in the second regulation that a vessel may be warned to depart when the Japanese officials have reason to believe that she is violating, or intends to violate, the prohibition referred to. This would confer upon the Japanese officials a discretion and authority which might readily lead to abuse.
The regulations appear to be loosely drawn, and it is not unlikely that the objectionable features may be removed after a proper representation on the question.
I am, &c.,