711.417/1093: Telegram
The Ambassador in Japan (Grew) to the Secretary of State
[Received October 26—1:23 p.m.]
1051. Embassy’s No. 1040, October 24, 10 a.m. The following is our translation of the Foreign Office formal note concerning the abrogation of the treaty for the protection of seals dated October 23 received this morning:
“No. 18. Confidential—Treaty 3, Ministry of Foreign Affairs, Tokyo, October 23, 1940.
Excellency: I have the honor to inform Your Excellency that the Imperial Government, in accordance with the provisions of article XVI of the treaty for the preservation and protection of fur seals signed at Washington, D. C., on July 7, 1911, hereby abrogates that treaty.
It is to be added that the Imperial Government continues to be concerned with the preservation and protection on a reasonable basis of seals in the north Pacific ocean, and that the Imperial Government, for that purpose, is prepared to conclude a new agreement on the basis of fundamental principles mentioned in the attached memorandum.
I avail myself, et cetera, Yosuke Matsuoka, Minister for Foreign Affairs.
His Excellency Joseph Clark Grew, Ambassador Extraordinary and Plenipotentiary of the United States of America.
[Memorandum:]
- 1.
- Capture on the high seas shall be recognized. In order to avoid disputes regarding control of hunting, however, there is no objection to concluding a suitable agreement regarding hunting grounds or areas.
- 2.
- In regard to capture on land, each country, from its own peculiar standpoint, shall take appropriate measures.
- 3.
- The standard of the total number of seals in the North Pacific ocean shall be set at 850,000.
- 4.
- Seals captured and killed shall not be distributed among treaty countries.
- 5.
- Notice shall be given at appropriate times by the treaty countries of the numbers of seals in breeding places and rookeries, the estimated number of seals to be captured and the actual number of seals captured.
- 6.
- Should any treaty country propose an investigation or consultation concerning the condition of seal herds, the results of the completion [carrying out] of the agreement, or any other question related to the agreement, each treaty country shall take appropriate measures for the accomplishment of such a proposal.
- 7.
- The term of validity of the agreement shall be ten years. One year prior to the expiration of this ten-year term, treaty countries shall consult among themselves to decide whether or not it is desirable to continue the agreement (either with or without revision).”
Sent to the Department via Shanghai.