Papers relating to the foreign relations of the United States, 1928, Volume III

711.417/792

Memorandum by the Assistant Secretary of State (Johnson)

[Washington,] May 24, 1928.

The Japanese Ambassador called upon the Secretary of State, by appointment, this morning to discuss the question of the Japanese Government’s desire for a revision of the Fur Seals Convention of 1911. The Secretary reviewed the situation with regard to this matter along the lines of the attached memorandum. He stated that he could not see why either the Russians or the British would be interested in the question immediately at issue between the Japanese and the Americans, which concerned itself entirely with the feeding and migratory habits of the American herd of seals on the Pribilof Islands, and that therefore he did not see the necessity for having Russian or British experts present at any expert investigation into the feeding and migratory habits of these seals; that, as a matter of fact, we had inquired of the British whether they desired to be represented at any such investigation and had learned that they were not interested.

The Secretary pointed out to the Japanese Ambassador that the American herd on the Pribilof Islands had been the object of our special care from the beginning and that we had been forced to give cutright to the British and to the Japanese each a 15% share in that herd, leaving to ourselves a 70% interest, and that this arrangement, while it had succeeded in establishing our claim that pelagic sealing only resulted in the eventual extermination of the herd and that it had resulted in improving the herd so that the herd was increasing in size, still it had not profited the American Government otherwise. The Secretary then handed to the Japanese Ambassador a copy of the summary of expenditures and receipts by the United States Government on account of the Alaskan Fur Seal Service for the fiscal years 1923–1927 inclusive, which was enclosed with the letter of May 19 from the Bureau of Fisheries of the Department of Commerce,²⁶ showing that during this five-year period the net loss to the Government of the United States on account of the Fur Seals Service was $780,872.30, whereas in the same period Great Britain and Japan received, under Treaty provision, without charge to themselves credits aggregating $546,076.92, or $273,038.46 each.

The Secretary stated it was of course true that any government party to the Convention had a right to request a revision of the Convention, but that we would be very much embarrassed if the Japanese Government pressed the request for a new convention at this time as we had not recognized the new Russian Government and could not negotiate with them on this subject. The Secretary stated that within the Convention we would be very glad to do anything possible to meet the difficulties of which the Japanese complained, if the Japanese would only tell us frankly what they wanted. The Secretary continued that up to the present time the only specific complaint made was that the American seals had increased in number to such an extent that they were now beginning to devastate Japanese fisheries. He said that the American experts were quite certain that the seals of the Pribilof Islands did not cross the Pacific Ocean to the neighborhood of Japanese fisheries and that in any case their feeding habits were such that they were not a menace to commercial fishes as we had very profitable fisheries in the immediate neighborhood of the seal rookeries which were not suffering. The Secretary said, however, that we were prepared to join with the Japanese in an investigation into the migratory and feeding habits of the seal for the purpose of discovering just what the situation was in this respect and with a view to doing anything which might be possible to meet the claims of the Japanese that the seals were harmful to their fisheries.

The Japanese Ambassador stated that of course the Japanese people had been very much dissatisfied with the Convention ever since its conclusion in 1911 and now that it was drawing to a close they were very anxious to have it amended. He said that pressure was so great there was some danger of its being denounced and the Japanese Government felt that if this did happen Japanese pelagic sealers would begin work on the herds. He said that of course the Japanese Government had not disclosed their desires in the matter and that probably the thing to do would be for his Government to explain frankly to the American Government just exactly what it was they wanted.

During a conversation which the Secretary had with the British Ambassador this morning the Secretary referred to the question of the Fur Seal Convention and explained to the British Ambassador what he had said to the Japanese Ambassador this morning on the same subject. The Secretary handed to the Ambassador a copy of the summary of the expenditures and receipts by the United States Government on account of the Alaskan Fur Seals Service for the fiscal years 1923–1927 inclusive. The British Ambassador thanked the Secretary for this information and ended by suggesting that we might desire to give this information also to the Canadian Minister. The Secretary asked Mr. Johnson, who was present, to do this.

N[elson] T. J[ohnson]

[Annex]

Memorandum by the Assistant Secretary of State (Johnson)

1. The Japanese Government sometime ago called attention to the fact that the Fur Seals Convention was about to expire and requested that a conference be called for its revision as they have a right to do under the Convention.

2. We demurred to this proposal:

(a) because we could not sign a new Convention with Soviet Russia;

(b) because we were pleased with the Convention in its present form and did not want to change.

3. On November 29, 1926 we told the Japanese that we were very anxious to do what we could to meet their complaint in the matter, which was that the seals were increasing in number to the danger of their fisheries, and to that end we proposed a joint scientific investigation into the feeding and migratory habits of the fur seals to be participated in by the acknowledged authorities of the United States and Japan.

4. The Japanese accepted our proposal, but suggested that we invite Russian and British experts to participate in this scientific fact-finding investigation.

5. Our reply was that we did not see the need of Russian and British experts at this time.

6. The Japanese Ambassador now says that he communicated our reply, mentioned in paragraph 5, to his Government and that his Government has instructed him to ask whether we cannot find it possible to reconsider our decision, as it is very important to them that something be done at this time in the matter and they are very anxious that Russian and British experts be asked to participate for the reason that this investigation is to be a fact-finding investigation and that the facts discovered will be used at a conference for a revision of the Convention, and that in order to avoid unnecessary delay the British and Russians should participate at this time in order that there may be no dispute as to the facts.

7. On February 18 last, I called Mr. Balfour of the British Embassy in and outlined to him a history of our discussions with the Japanese up to this point and told him that the Japanese were anxious to include British and Soviet representatives in the investigation which we had proposed for the purpose of settling the disputed facts concerning the habits of the American seals. I now have a letter from Sir Esme Howard stating that he has been instructed by Sir Austen Chamberlain to say that no expert representing the British Government will attend the inquiry. He says that as regards the possibility of the attendance of a Canadian expert, he suggests that we communicate with the Canadian Minister. He adds that Sir Austen Chamberlain assumes that the fact-finding inquiry will be held without prejudice to the possible future revision of the Fur Seals Convention. I have not discussed this matter with the Canadian Legation. I have discussed it with the Commissioner of Fisheries who tells me that he expects to see the Canadian Expert on Fisheries within a week or two and that he intends to ascertain from him the Canadian attitude.

8. Mr. O’Malley, Commissioner of Fisheries, and I believe that we should limit this investigation to the question which we were prepared to discuss with them, namely, the steps which may be taken within the existing Convention to prevent American seals from injuring Japanese fisheries. We believe that the presence of Soviet and British experts will not be necessary for this purpose.

26. Not printed.