EXHIBIT D D.
Note from the Minister of Foreign Affairs of Russia to the Chargé d’Affaires of Great Britain at St. Petersburg, dated May 10, 1893, No. 1763.
In reply to your communication of April 30 (May 12), I have the honor to inform you that the Imperial Government, while accepting the proposed agreement annexed to that communication, prefers to give it the character of an exchange of notes for the reasons following:
Because the too concise wording of the above-mentioned project would leave the way open to certain misunderstandings and perhaps even to complications which it would be desirable to avoid.
Because the Imperial Government could not adhere to the project in question without some reservations for the purpose of securing to itself the liberty of action in the future.
It is well understood that the agreement to be established between our two Governments will leave intact all of Russia’s rights in its territorial waters.
With regard to our reservations, they will bear upon the following-mentioned points:
- (1)
- In consenting to turn over to the British authorities the English vessels engaging in sealing within prohibited zones we desire in no way to prejudice the question of right of any bordering power to extend its territorial jurisdiction in certain special cases beyond the territorial waters properly so called.
- (2)
- The Imperial Government intends to maintain its entire liberty to choose in the future between the two systems of protection of seals, whether by means of a prohibited zone or by means of the complete prohibition of pelagic sealing or of its regulation on the high seas.
- (3)
- The present agreement can serve in no way as precedent and will be regarded by us as essentially provisional for the present situation.
These reservations made, we adhere to the British proposition under the following terms:
- (1)
- During the year ending December 31, 1893, the British Government will forbid its subjects to seal within a zone of 10 marine miles over all the Russian coasts of Bering Sea and the North Pacific Ocean, as well as within a zone of 30 marine miles around the Commander and Tuleny islands (Robin Island).
- (2)
- The British ships that engage in sealing in the above-mentioned zone beyond the territorial waters of Russia may be arrested by Russian cruisers, to be turned over to English cruisers or to the nearest British authorities. In case of resistance or of difficulty the commander of the Russian, cruiser may proceed to seize the ship’s papers of the above-mentioned vessels, in order to hand them to a British cruiser or to send them to the nearest British authorities at the earliest possible moment.
- (3)
- The British Government agrees to give over to the regular tribunals for judgment affording all the guaranties necessary, the English vessels which may be arrested for being engaged in forbidden sealing within the prohibited zones outside of Russian territorial waters.
- (4)
- The Imperial Government will limit to 30,000 head the number of seals to be killed on the coasts of Commander and Tuleny islands (Robin island) in the course of the year 1893.
- (5)
- An agent of the British Government may be admitted to the above-mentioned islands (Commander and Tuleny) in order to gather from the local authorities all the information necessary upon the workings and results of the agreement, but being careful to previously notify the authorities as to the time and place, of his visit, which, however, should not be prolonged more than a few weeks.
- (6)
- The present agreement shall have no retroactive force with regard to the seizure of English vessels previously arrested by Imperial naval cruisers.
These points being based on the notes formerly exchanged between our two Governments as well as upon the text of the last British proposition, we hope, Mr. Chargé d’Affaires, that the Government of Her Britannic Majesty will henceforth deem the understanding between us as entirely established with regard to the matter of sealing during the present year.
With the assurances of my highest consideration, etc.