Mr. Gresham to Mr. Bayard.
After several conferences Secretary Carlisle, the British ambassador, and Dr. Dawson, agent for Canada, reached the conclusion that the following regulations would meet the present situation and avoid embarrassment this season:
regulations governing vessels employed in fur-seal fishing.
Article I.—Fitness of crews to use arms.
Before the issuance of a special license, the master of any sailing vessel proposing to engage in fur-seal fishing shall produce satisfactory evidence to the collector of customs that the hunters employed by him are competent to use the weapons authorized by law.
Art. II.—The use of firearms, when prohibited.
Firearms, nets, or explosives shall not be used for taking or killing fur seals in that portion of Bering Sea described in the act approved April 6, 1894, entitled “An act to give effect to the award rendered by the Tribunal of Arbitration at Paris, under the treaty between the United States and Great Britain, concluded at Washington, February 29, 1892, for the purpose of submitting to arbitration certain questions concerning the preservation of fur seals.”
Art. III.—Vessels now sealing in the North Pacific east of 180° longitude; how to secure safe conduct to home port or to Bering Sea.
Any vessel having license to hunt fur seal in the North Pacific and Bering Sea east of 180º longitude shall, before entering Bering Sea, or at Unalaska, report to a customs officer of the United States, or an officer of the United States Navy, and have all arms and ammunition therefor on board secured under seal; such seal shall not be broken except by a customs officer of the United States or an officer of the United States Navy. The breaking of this seal, otherwise than above described, shall forfeit the license. The United States officer breaking the seal shall make a note of the fact on the margin of the license over his signature, showing the date. Any sealing vessel found in the prohibited waters of the North Pacific between May 1 and July 31, both inclusive, by any vessel or customs officer of the United States, shall be seized, as provided above, if there be evidence that she has violated the law. Otherwise her sealing outfit shall be secured under seal by the commander of any cruising vessel or customs officer upon declaration by her master that she wishes to proceed to a home port, and the officer placing this seal shall enter the date of same upon her register with the number of seal skins, given under oath, then on board. Said seal shall be broken by a customs officer upon her arrival at a home port. In the case of a sealing vessel wishing to proceed direct from the North Pacific to Bering Sea without touching at a home port, any officer authorized as above to seal her arms and ammunition shall, upon application of the master, enter upon her register his permission to do so, subject to the restrictions contained in the President’s proclamation. This permission shall confer upon the vessel all the privileges and subject it to all the penalties of a regular license.
[Page 188]Art. IV.—Vessels now in the Worth Pacific west of 180° longitude how to secure safe conduct to home port or to Bering Sea.
Vessels now in Japanese waters, on the Siberian coast west of 180º longitude, wishing to return to a home port, may enter the port of Attou and there have their sealing outfits secured under seal and the fact entered on their registers. Such seal and entry shall be considered as sufficient protection against seizure whilst in prohibited water on their direct passage to a home port.
In case a sealing vessel, as described above, shall, before leaving a Japanese port, declare her intention of returning to a port of the Unites States, the United States consular officers of the port shall secure he: sealing outfit, as described above.
Any vessel, as described above, may obtain special license to hunt fur seals in Bering Sea upon application to the United States consular office of any port in Japan, or from the customs officer at Attou, after furnishing the evidence required in Art. I, but in no case shall such vessel enter the prohibited waters of Bering Sea until the arms and ammunition therefor on board have been secured under seal.
Any customs officer of the United States, or officer of the United States Navy cruising to the westward of 180° longitude, may grant permission to enter Bering Sea as described in Art. III of these reguations.
Art. V.—Vessels wishing to hunt for seals in Bering Sea on and after August 1; sealing of outfit, etc.
Any vessel in a home or foreign port wishing to engage in fur-sea fishing in Bering Sea shall obtain special license for the same from i customs officer of the United States, if in a home port, and from a consular officer if in a foreign port. Before sailing the sealing outfit of such vessel shall be secured under seal and the fact noted on her license Before entering Bering Sea such seal must be broken by a custom officer of the United States or an officer of the United States Navy The breaking of this seal otherwise than as above will forfeit the special license and render the vessel liable to seizure.
Art. VI.—Vessels at sea without special license and distinctive flag.
Vessels now at sea in the pursuit of fur seals and found not to have violated the law in reference to the taking of fur seals, and which have not cleared from port on or after May 1, 1894, will not be molested of account of not having special license or distinctive flag, but may continue their cruise without either if they have complied, or shall comply with the requirements of Articles IV and V of these regulations.
Art. VII.
Every vessel employed in fur-seal fishing as above described shall have, in addition to the papers now required by law, a special license for fur-seal fishing.
Art. VIII.
Every sealing vessel provided with special license shall show under her national colors a flag not less than 4 feet square, composed of two equal pieces, yellow and black, joined from the right-hand upper corner [Page 189] of the fly to the left-hand lower corner of the luff, the part above and to the left to be black, and the part to the right and below to be yellow.
Art. IX.
The authority hereinbefore granted to United States consular officers, customs officers, and officers of the United States Navy may be exercised by like officers in the service of the Government of Great Britain except in the ports of the United States.
notice.
Officers herein authorized to carry out the provisions of the act approved April 6, 1894, entitled “An act to give effect to the award rendered by the Tribunal of Arbitration at Paris, under the treaty between the United States and Great Britain, concluded at Washington, February 29, 1892, for the purpose of submitting to arbitration certain questions concerning the preservation of fur seals,” will observe that the objects of the foregoing articles are to prevent the unlawful destruction of seals and to protect from unnecessary seizure or loss sealing vessels already at sea in ignorance of the provisions of the act or unable to comply strictly with its requirements. Should cases occur which are not here definitely provided for, they must be dealt with by the officers with the above-mentioned objects in view, and as nearly in accordance with the law and regulations as possible.
Having sent a copy to Canada, and, I presume, to London, Sir Julian yesterday informed us that Canada strenuously opposed regulations as unfair and not in accordance with Paris award. President thinks that under the circumstances the two Governments should put these regulations or something substantially like them into force at once. Disagreement at this time very unfortunate, and if understanding is not reached in a day or two instructions will be sent to our officers to enforce award on our part.