EXHIBIT H H.

Note from the Minister of Foreign Affairs of Russia to the Minister of the United States of North America at St. Petersburg, March 21 (April 2), 1894. No. 1159.

The Government of the United States of North America having consented to an arrangement relating to fur sealing similar to the one already existing between us and Great Britain, I believe it my duty to address you to that effect the following, accompanied by the modifications which we have drawn up with England:

(1)
It is understood in the first place that the agreement established between our two Governments leaves intact all of Russia’s rights in her territorial waters.
(2)
By turning over to the United States the American vessels engaged in fur sealing in prohibited waters we do not in any way mean to prejudice the question of a bordering power’s rights to extend its territorial jurisdiction, in certain special cases, beyond territorial waters properly so called.
(3)
The Imperial Government retains its full liberty of choosing in the future between the two systems of protection of fur seals, whether by means of a prohibited [Page 393] zone or by means of the complete prohibition of pelagic sealing or its regulation on the open sea.
(4)
The present agreement shall have force only until further notice, shall be only of an essentially provisory character, and may not serve as precedent under any head.

These modifications made, we consent to the following conditions:

(1)
The Government of the United States of North America will forbid its subjects to hunt fur seals within a zone of 10 marine miles on all the Russian coasts of the Bering Sea and of the North Pacific Ocean, as well as within a zone of 30 marine miles around the Commander and Tulienew (Robin Island) islands.
(2)
The vessels belonging to subjects of the United States of North America which engage in hunting fur seals within the above-mentioned zones, outside the territorial waters of Russia, may be arrested by Russian cruisers, to be turned over to United States cruisers, or else to the nearest American authorities. In case of resistance or of difficulty, the commander of the Russian cruiser may limit himself to seizing the ship’s papers of the above-mentioned vessels, in order to turn them over to United States cruisers or to send them to the nearest American authorities at the earliest possible moment.
(3)
The Government of the United States agrees to give over to trial by the ordinary tribunals, and to offer all the securities necessary, such American vessels as are arrested for being engaged in the forbidden, occupation within the prohibited zones outside the Russian territorial waters.
(4)
The Imperial Government will limit to 30,000 head the number of fur seals to be killed on the coasts of the Commander and Tulienew (Robin) islands during the current year.
(5)
An agent of the United States Government may be admitted upon the abovementioned (Commander and Tulienew) islands in order to gather necessary information from the local authorities as to the workings and results of the agreement made, but being careful to previously inform the authorities as to the time and place of his visit, which shall not, however, be prolonged beyond a few weeks.
(6)
The present agreement shall have no retroactive force with regard to the seizures of American vessels which shall have been previously made by Imperial naval cruisers.

The above-mentioned points being exactly based on the text of our agreements with Great Britain, to which the Government of the United States of North America has already adhered, we do not doubt that the latter will follow suit. The receipt of a simple acknowledgment of the formal adherence of your Government will be deemed sufficient for us to consider the understanding with regard to fur sealing provisorily established between us until further notice.

Please to accept, etc.,

de Giers.

Annex II.

Brief account of the seal industry on the Russian possessions in Bering Sea.

The fur seals resort at present chiefly to the Commander and Pribilof islands in Bering Sea; these animals are only met with in small numbers on other points of the Northern Hemisphere, as on Tulienew Island, among the Russian possessions, and on the Kurile Islands. On the Southern Hemisphere, where formerly they were somewhat numerous, they hardly exist any longer. In their regular migrations they rarely leave the warm ocean currents, one of which, the Kamtchatka current, takes them to the Commander Islands, and the other, which follows the American coast, carries them to the Pribilof Islands.

The seals ordinarily appear on these islands at the end of April or commencement of May. The males, which are the first to arrive, establish themselves on the shore, always in the same places, each one of them taking a certain extent of ground; the females follow them about a month later; they are for the most part with young and come up on shore often some days, sometimes a few hours, before bringing forth. The newly born seals are nourished by the milk of their mothers and this care obliges the latter to return constantly to shore.

In the interest of the preservation of these animals, seals should be killed on shore at the hauling grounds chiefly in June and July, since at that time their skins have the desired quality, killing only the “bachelor” males, which should be the sole object of the industry, leaving the males serving for reproduction (sekatchi) with their harems of females. Hunting on the open sea, which is done with nets or firearms, is very injurious to the regular industry, since in that way the animals are killed without distinction, young or old, male or female (the latter generally with young); furthermore, the number of animals killed is not proportioned to their reproduction. For every seal killed many are wounded and carried far away without [Page 394] profit to the sealer. Finally, the fright caused to the animals by pelagic hunting hinders their regular migration to their rookeries; this is why, in the opinion of specialists, that sort of hunting may lead to the complete destruction of the species. It has been frequently stated how great an influence the abuse of the practice of this industry on the open sea has had in the diminution of the seals. The regular industry has only been able to exist owing to the occasional reduction of such abuse.

The sealing industry commenced from the discovery of the Pribilof and Commander islands at the end of the eighteenth century. In the early times its character was that of a veritable devastation, which brought about the consequences indicated above. Although the Russo-American Company, founded in 1799, showed a certain weak desire to put an end to this devastation, still, even during its existence, young seals of four months, male and female, “greys,” were destroyed with such persistence that the persons engaged in the industry could no longer even find a sale for their product; they heated their stoves, baths, furnaces, with seal skins, and sometimes threw them into the sea. This condition of things lasted until 1803, when, by order of the Russian administration on the American shore, the business was suspended for two years on the island of St. George, and for four years on the island of St. Paul. After these short interims the devastation recommenced, and the number of seals again began to diminish. In 1830 attention was again brought to the situation on the island of St. Paul, and the killing was limited to males, young or old, from the age of 2 or 3 years upward. On Bering and Medny islands the industry had entirely ceased on account of the diminution of the species there. Later the company, on administrative order, limited its industry to 4,000 skins a year.

When, in 1867, the Territory of Alaska was, with its dependent islands, ceded by Russia to the United States, the Russo-American Company was dissolved and the seal industry on the Commander and Tuleny islands remained in the hands of the Russian Government. Other places of resort of these animals were then discovered on certain points of the eastern coast of Kamchatka and of the Asiatic continent on the shores of the Japan Sea and along the Strait of Tartary.

Sealing was then engaged in by the Aleutes, the aborigines of the Commander Islands, who so reduced the number of these animals that a new company, founded in 1871 to farm the industry in question in the Russian possessions, could only take the first year 3,000 skins. More rational measures were taken to insure the reproduction of the seals. In place of killing the gray seals of 4 months old, the sex of which could not be distinguished exteriorly, only those animals were killed which are called “bachelors,” that is to say 3-year-old males, leaving the females of the same age for reproductive purposes. The term of the concession granted to that company expired in 1891, after which the State concluded to contract with a new concessionary company, called the Russian Company, for the exploitation of seals. This exploitation on the Commander and Tuleny islands was confined to it for ten years. Among the conditions imposed on it were the observance of rules concerning the quantity and quality of the animals killed, the time, place, and method of hunting these animals, the skins of which were sent each year to the company by the natives. The Government of, Russia has shown itself to be desirous of putting this industry into the most rational condition possible, in the interest of the conservation of a property which is the means of existence of the sparse population of these islands.

The measures taken by the Government, as well as the restrictions imposed on sealing on Russian territory, which were equally binding upon the concessionaires and the natives, were found to be insufficient for the preservation of the species, on account of the damage caused by pelagic sealing, which was pursued regardless of rules. At the time of the Russo-American Company, already foreigners, American or Canadian, engaged in illicit commerce with the natives on the coasts of Bering Sea and the Pacific Ocean, furnishing the inhabitants with guns and strong drink, and unduly exploiting the hunting and fishing industries. After the cession of Alaska to the United States and the suppression of that company, which took certain measures, inefficacious though they were, against the exploitation of these industries by poaching vessels, poaching increased, and especially the sealing in Russian waters. The vessels coming into our waters for that purpose, especially from Canada, knew perfectly well that it was the habit of the seals to assemble at a certain time, corresponding to migrations of the fish in the open sea, at what is called the “sealing grounds;” that is to say, at the places where are to be found the marine plants, and where they found the fish on which they fed. The crews of these vessels killed these animals in great masses, without distinction of sex or age. Each year the importance of this industry, injurious to the preservation of the species, increased. According to an approximate estimate made from 1888 to 1891, there were put upon the market a product of pelagic sealing amounting to about 100,000 skins, of which seven-tenths were those of females bearing young.

[Page 395]

Especially the activity of these vessels increased after the conclusion, in 1891, of the agreement between the United States and England, totally interdicting sealing in the eastern portion of Bering Sea, that is to say, in the waters to the east of the line of demarcation of 1867. The freebooters then betook themselves to the western part of that sea. It has been shown that in 1890 43 foreign vessels were engaged in the business under these conditions, and killed 53,136 animals. In 1891 the number of these vessels was 84, having killed 50,000 seals, 9,500 of which were taken in Russian waters; in 1892, 62 vessels, two of which were steamers; their spoils were 45,000 seal skins, 15,000 of which were taken in Russian waters. These figures are certainly below the actual facts, and the local authorities were of the opinion that the number of seals killed was very much greater.

The chief of administration of the Commander Islands stated that in 1892, notably, 60 poaching vessels came to the islands, killing seals on land and sea. Some of the marauders knocked over the beasts, while others exchanged shots with the coast guards employed in protecting the industry. The audacity of these marauders reached the point that they knocked over the seals on their very hauling grounds. As regards the island of Tuleny in particular, the marauders went there each year after the military guard had been withdrawn, owing to the impossibility of leaving them there on account of the climatic conditions on that island, and killed the seals which remained. Then in 1891 the guard, on returning in the spring, found the bodies of 5,000 seals from which the skins had been removed.

This organized marauding was not confined to the acts of captains of vessels; it had become a regular commercial enterprise, in which considerable capital was embarked. According to the report of the Russian consul-general at New York, a certain number of San Francisco capitalists, besides captains of vessels, having brought together for the purpose half a million dollars, participated in the fitting out of vessels engaged in this enterprise, which were sent out from ports of the American Union. The crews of these vessels were composed of men ready for bold undertakings, and to whom the fear of stern measures was but an inducement.

The cruising of Russian war ships in the Bering Sea commenced in 1875, when for the first time the clipper Haidamak was sent to put an end to the illegal commerce in strong drinks in which certain American and other vessels were engaged with the natives. These vessels were in reality engaged in sealing. Soon after, war ships were detached from the Russian naval forces for this duty in the Pacific Ocean. To the same end the ministry of marine established, in 1884, on the island of Tuleny, a guard composed of 19 men and 1 officer from the commencement of May until the end of October. But afterwards, when in 1891 a great influx of marauding vessels had commenced, ordinary measures of precaution, such as sending the Aleute was, were insufficient. A special vessel was deemed necessary to be employed in permanent service, and therefore the Yakout, bought in England for this service, left in 1892 for Bering Sea. Following the sessions of the commission over which Privy Counsellor Kapoustine presided, certain legislative enactments wereput in operation; a prohibitive zone of 30 miles was established and recognized by England in the arrangement of 1893. But in his report for that year the governor-general of the Amour, while admitting that the establishment of that zone had a certain good effect, stated that the purpose of preservation was not accomplished, since foreign vessels continued to hunt outside of that zone, killing the seals en masse or frightening them from their accustomed route, and preventing them from following the currents which brought them to the Commander Islands and other places where they passed the summer. To this circumstance it was necessary to attribute the diminution of the production of the industry on these islands farmed by the Russian Company.

The diminution of this production was so great in 1895 that only 16,652 skins resulted, making a considerable difference in the provisions of the contract entered into with the company, in which 50,000 animals was estimated as the number to be taken annually. Such a difference existed notably, in fact, in 1891, when the operations of the company commenced.a Still smaller returns were to be expected in 1896, and should be from 8,000 to 12,000 skins, since the operations on Medny Island had greatly declined, following the disappearance of many colonies of the animals. According to authentic reports, marauding vessels in 1895 hunted between the coast of Kamchatka and Bering Island, on the shores of which thousands of newly born seals were found, the mothers of which had evidently been killed at a short distance from the shore; this supposition becomes a certainty when the manner of life of these animals is given. For these reasons, and in consideration of the damage caused to the company farming the industry, the Russian Government consented to a reduction of the obligations due its treasury by that company.

  1. The annual returns are as follows: 1891, 30,689 skins; 1892, 31,315; 1893, 32,830; 1894, 27,237.