711.417/1135: Telegram
The Ambassador in Japan (Grew) to the Secretary of State
[Received May 21—9 a.m.]
703. Department’s 281, May 17, 8 p.m.16 Fur Seal Convention.
Full translation of Foreign Minister’s note of May 9 follows:
“Excellency: I have the honor to acknowledge the receipt of Your Excellency’s note of March 17, 1941,17 stating that careful consideration has been given by the appropriate authorities of the Government of the United States to the Japanese Government’s notice of the abrogation of the Fur Seal Convention concluded in 1911 and to the proposal of the Japanese Government that a new agreement be concluded on the basis of certain principles which it enunciated. Your Excellency’s note also set forth for the consideration of the Japanese Government the general views of Your Excellency’s Government with reference to this matter, together with certain conclusions and suggestions.
With regard to the first item of the principles suggested by the Japanese Government, at the time of its notice of abrogation, as a basis for a new agreement, it is stated in Your Excellency’s note that the American Government considers that a return to pelagic sealing would be highly undesirable for the reason that taking of seals at sea would render selective killing impossible and that therefore it considers the taking of seals on land the most effective and economical method of reducing the size of the fur seal herds. The concerned authorities of the Japanese Government consider that since the fur seal herds in the North Pacific have already increased to a number in excess of 2,000,000, selective killing is not necessary to reduce the size of herds to 850,000 and that accordingly there is no longer any reason to protest the taking of seals at sea. With regard to the third item of the above-mentioned principles, namely, the proposal of the Japanese Government that the size of the fur seal herds in the North Pacific be set at 850,000, it is stated in your Excellency’s note that the American Government is of the opinion that the setting of a standard of standardization for the seal herds without first making careful scientific study of the matter might in the long run be against the best interests of all parties to convention. The Japanese Government gave notice of abrogation of the Fur Seal Protection Convention, in accordance with the procedure, only because the size of the fur seal herds in the North Pacific has greatly increased with the result that the direct and indirect damage to the fishing industry has become serious thereby rendering the existence of the present convention, in which no consideration is given to the matter of damage to fisheries, completely contrary to the interests of Japan. The Japanese Government proposed, in its third item of principles for a new agreement, to set the standard of size for the fur seal herds at 850,000 because that was the size of the herds when the convention’s first term of validity expired. At that time, the Japanese Government suggested to the [Page 913] convention powers a revision to the convention. It is not considered, therefore, that the maintenance in the future of the foregoing standard of size for the fur seal herds will be contrary to the best interests of the signatory powers of the present convention.
It is stated in Your Excellency’s note that reliable reports in the possession of the American Government indicate that the fur seal herd of the Pribilof Islands does not frequent the waters of the Asiatic coast, but instead remains in the general area of the Pacific Ocean adjacent to the North American continent. According to researches made by the concerned authorities of the Japanese Government and of data in their possession, the facts are contrary to reports in the possession of the American Government, and the herd does frequent the waters adjacent to Japan.
It is also stated that the American authorities have not found that the fur seals feed to a considerable extent upon salmon or other commercial species of fish but rather that the food of the seals consists chiefly of noncommercial species of fish and other marine matter of little or no economic importance. Studies made by the concerned authorities of the Japanese Government indicate, however, that the food of the fur seals consists of marine products eaten by Japanese subjects, and those authorities are unable to admit that the food of the seals consists chiefly of noncommercial species of fish and other marine matter of little or no economic importance to Japan.
Anticipating that a considerable length of time will be required to make the necessary study and inquiry into the various questions raised by the proposals of the Japanese Government, and animated by a desire to bring about an adjustment of the situation which has arisen, the American Government suggested a certain procedure for the consideration of the Japanese Government. In this connection, Your excellency is informed that while the Japanese Government is prepared to conclude a new agreement on the basis of the principles attached to its notice of abrogation of October 23, 1940,18 it is not prepared to consider withdrawing that notice of abrogation.
I avail myself of …19 et cetera.”