894a.628/5

The Consul at Taihoku (Ketcham) to the Secretary of State

No. 53

Sir: I have the honor to refer to the Department’s instruction of November 18, 1932, file no. 894A.628/2, regarding Taiwan Government General Order no. 33 of July 2, 1932. I was instructed informally and discreetly to bring to the attention of the Government General of Taiwan the facts as to the actual northern boundary of the Philippine Islands, namely 21° 25′ North Latitude, and to request that General Order no. 33, July 2, 1932, be corrected so as to be applicable to waters south of 21° 25′ North Latitude.

Since the submission of despatch no. 46 of January 4, 1933,58 I have had several interviews with the Chief of the Bureau of Productive Industries, and officials of the Fisheries Division, which is a unit in this Bureau, and which exercises jurisdiction over fishing affairs.

While the Taiwan Government General officials were considerate, they were loathe to admit that the question of the Philippine boundary entered in any way into the original promulgation of General Order no. 33. It was stoutly maintained by them that the purpose of the Order was to prevent shipwrecks and international disputes.

It was pointed out by me that in defining 21° Latitude North as the limit south of which fishing vessels were required to take out licenses, a point very close to the actual Philippine boundary, the Order was apt to be understood as permitting indiscriminate fishing north of that latitude and, in fact, was interpreted by the Governor General of the Philippine Islands as referring to the northern limits of the Philippine Islands.

The Chief of the Bureau of Productive Industries, after considering the matter for several days, informed me that the Taiwan Government General declined to attempt to define the boundary of a foreign power, on the ground that they were lacking in authority, and the amendment of General Order no. 33 could not be considered, as no question of boundary was in mind when the Order was drafted.

I then proposed that fishermen be notified that the islands of Yami and North Island, both belonging to the Philippine group, lie north of 21° north latitude, and the Government General agreed to this proposition.

I quote in translation from a copy of a letter sent out to all Provincial Governors of Taiwan by the Acting Director General of Administration: “… However, as a result of the fact that 21 degrees Latitude North is defined as the limit requiring or not requiring licenses, [Page 746] it is considered that it may be misunderstood by some that the latitude given represents the northern boundary of the Philippine Islands. It is to be stated that there are in the north of the said latitude such islands as Yami, North Island, etc. of the Philippine Islands”.

It is realized that the results of the negotiations were not entirely in line with what the Department wished, but it is believed that under the circumstances, this was the most that could be achieved.

A copy in translation of a letter from the Acting Director General of Administration, dated February 18, 1933,59 and a translated copy of the circular notice sent to all provincial Governors of Taiwan under the same date, are enclosed herewith.

Respectfully yours,

John B. Ketcham
[Enclosure—Translation]

The Acting Director General of Administration of the Government General of Taiwan (Kohama) to the Local Governors of Taiwan

So Shoku No. 68

Sir: Referring to the recent amendment to the Regulations Governing Enforcement of the Fishing Law establishing the regulation for control of fishing mentioned in the above subject, and to instructions requesting you to see that the regulations are enforced and control exercised, I have the honor to state with considerable regret that the control is not yet thoroughly exercised and that activities of unlicensed vessels are frequently reported. You are therefore requested to exercise hereafter a greater control.

As previously stated the purpose of the enactment of this regulation is to prevent shipwrecks and international disputes. However, as a result of the fact that 21 degrees Latitude North is defined as the limit requiring or not requiring licenses, it is considered that it may be misunderstood by some that the latitude given represents the northern boundary of the Philippine Islands. It is to be stated that there are in the north of the said latitude such islands as Yami, North Island, etc. of the Philippine Islands.

It is a matter of course that the regulation shall not apply to territorial waters of other countries regardless of the fact that there exist foreign territorial waters either to the north or south of the latitude mentioned. You are therefore requested to make this effect known to all in order that there may be no misunderstanding.

I have [etc.]

Kiyokane Kohama

Chief, Bureau of Interior, [etc.]
  1. Not printed.
  2. Not printed.