By the second paragraph of the amended instructions issued by the Secretary
of the Navy to the commanding officers of the United States fleet in Bering
Sea, under date of 4th instant, in place of the previous instructions of
April 18, the British act is among the papers to be delivered to the masters
of sealing vessels so warned.
It will give me much pleasure to receive and communicate to the Secretary of
the Navy for appropriate distribution the copies of the British act and the
annexed map which you offer to supply.
I inclose for your information copies of the above-mentioned naval
instructions and of the regulations governing vessels employed in fur-seal
fishing.
[Inclosure.]
Navy
Department,
Washington, May 4,
1894.
Sir: Congress having passed acts which were
approved April 6, 1894, and April 24, 1894, and the Government of the
United States having made arrangements with Great Britain to give effect
to the award rendered by the Tribunal of Arbitration at Paris, under the
treaty between the United States and Great Britain, concluded at
Washington, February 29, 1892, for the purpose of submitting to
arbitration certain
[Page 193]
questions
concerning the preservation of fur seals, you are detailed to command a
force of naval and revenue vessels to carry out the provisions of the
award, of the acts of Congress, and of the President’s proclamation
dated Washington, D. C., April 9, 1894
You will order the vessels under your command to warn all American and
British vessels they may meet not to engage in fur-seal fishing within
the area of the award, during the periods of time in which fur-seal
fishing is forbidden, and to deliver to the master of each of such
vessels a copy of the President’s proclamation, of the act of Congress,
approved April 24, 1894, of the President’s regulations governing
vessels employed in fur-seal fishing, of the British act, and of these
instructions.
Whenever a vessel may be warned, the commander of the cruiser, or the
customs officer, as the case may be, shall, after making an examination
of the vessel, leave with the master of said vessel a certificate
showing the date and place of examination, the number of seal skins, and
the number of bodies of seals then on board, and shall preserve a
duplicate of said certificate. And no officer, subsequently boarding
such vessel, shall seize the same, unless he shall be satisfied, as
herein provided, that it has committed a violation of law by killing fur
seal within the area of the award subsequent to the 30th day of April,
1894.
Fur-seal fishing is forbidden to all persons mentioned in section 1 of
said act of Cougress, to all subjects of Great Britain, to persons owing
the duty of obedience to the laws or the treaties of Great Britain, and
to all persons belonging to or on board of a vessel of Great Britain, at
any time, or in any manner whatever, outside of territorial waters, in
the waters surrounding the Pribilof Islands within a zone of 60
geographical miles thereof (60 to a degree of latitude) around said
islands, inclusive of the territorial waters.
Fur-seal fishing is forbidden during the season extending from May 1, to
July 31, both inclusive, in each year, to all persons mentioned in the
first section of said act of Congress, and to all subjects of Great
Britain, to persons owing the duty of obedience to the laws or the
treaties of Great Britain, and to all persons belonging to or on board
of a vessel of Great Britain, not only in the zone mentioned in the
fourth paragraph of these instructions, but in that part of the Pacific
Ocean, including Bering Sea, which is situated to the north of the
thirty-fifth degree of north latitude and to the east of the one hundred
and eightieth degree of longitude from Greenwich, till it strikes the
water boundary between the United States and Russia. This boundary line
passes through a point in Bering Straits on the parallel of 65° 30′
north latitude, at its intersection by the meridian which passes midway
between the islands of Krusenstern or Ignalook, and the island of
Ratmanoff or Noonarbook, and proceeds due north, without limitation,
into the same frozen ocean. The same western limit, beginning at the
same initial point, proceeds thence in a course nearly southwest,
through Bering Straits and Bering Sea, so as to pass midway between the
northwest point of the island of St. Lawrence and the southeast point of
Cape Choukotski to the meridian of one hundred and seventy-two west
longitude; thence, from the intersection of that meridian, in a
southwesterly direction, until it strikes the one hundred and eightieth
degree of longitude from Greenwich.
Any vessel or person described in the first section of said act of
Congress, or any vessel or subject of Great Britain, or person owing
obedience to the laws or the treaties of Great Britain, or any person
belonging
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to or on board of
any vessel of Great Britain, unauthorized by this act found to be or to
have been engaged in fur-seal fishing within the area of the award,
during the periods of time in which fur-seal fishing is forbidden, you
will order seized.
If a vessel which appears to be a sealing vessel is found within the area
of the award, during the periods of time in which fur-seal fishing is
forbidden, you will ascertain whether she is there for the purpose of
fur-seal fishing, whether she has been engaged in fur-seal fishing,
whether she was carried there by stress of weather, by a mistake during
foggy or thick weather, or is there in the ordinary course of
navigation, making the best of her way to any place. You must judge
whether such vessel has been engaged in fur-seal fishing from the
presence of seal skins or bodies of seals on board, and from other
circumstances and indications. If such vessel is found outside of the
area of the award, and it is evident that she has been engaged in
fur-seal fishing within said area, and has thus committed an offense,
you will order her seized. A vessel may violate the law by her boats
fur-seal fishing within said area, while the vessel, herself, is outside
of said area.
The commanding officer making the seizure will, at the time thereof, draw
up a declaration in writing, stating the condition of the seized vessel,
the date and place of seizure, giving latitude and longitude and
circumstances showing guilt. The seized vessel will be brought or sent,
as soon as practicable, with all persons on board thereof, in charge of
a sufficient force to insure delivery, together with witnesses and
proofs, and the declaration of the officer making the seizure, if
American, to the most convenient port of Alaska, California, Oregon, or
Washington, and there delivered to the officers of the United States
court having jurisdiction to try the offense and impose penalties for
the same; and if British, to Unalaska, and there delivered to the senior
British naval officer present, or carried to the most convenient port in
British Columbia, and delivered to the proper authorities of Great
Britain, or delivered to the commanding officer of any British vessel
charged with the execution of the award herein referred to.
A signed and certified list of the papers of the Seized vessel will be
delivered to the master thereof, and a duplicate copy will be
transmitted with the declaration.
You will arrange with the commanders of the British vessels engaged in
carrying out the provisions of the award for the mutual delivery of
vessels of the one country seized by officers of the other.
These instructions will remain in force only during the present
season.
Very respectfully,
- H. A. Herbert,
Secretary of the Navy.
- Commander Charles E. Clark, U. S.
N.,
Commanding U. S. Naval
Force in Bering Sea,
U. S. S. Mohican, Fort
Townsend, Wash.
