Sir Julian Pauncefote
to Mr. Gresham.
Washington, May 10,
1894.
Sir: In accordance with the agreement arrived at
during the recent negotiations in relation to the means of giving effect for
the present year to the fishery regulations prescribed by the award of the
Bering Sea Tribunal of Arbitration, I have the honor to inclose for your
approval a memorandum recording the arrangements concluded on that subject
and accepted by both Governments, and I shall feel obliged if you will be
good enough to inform me whether the memorandum meets with your
approval.
I have, etc.,
[Inclosure in No. 106.]
Memorandum of the arrangements agreed upon between
the Governments of Great Britain and the United States for giving
effect during the year 1894 to the fur-seal fishery regulations
prescribed by the award of the Bering Sea Tribunal of
Arbitration.
licenses.
The special license to be issued to sealing vessels under article 4 of
the regulations of the award shall declare that the licensee has given
satisfactory evidence of the fitness of the hunters to be employed by
him, as required by article 7.
It shall be issued subject to the observance of the said regulations and
to the penalties imposed by law for the violation thereof.
It shall be in such form as each Government shall determine for
itself.
distinctive flag.
Every sealing vessel provided with a special license shall show, under
her national colors, a flag, not less than 4 feet square, composed of
two equal pieces, yellow and black, joined from the right-hand upper
corner of the fly to the left-hand lower corner of the luff, the part
above and to the left to be black and the part to the right and below to
be yellow.
regulations respecting sealing
vessels lawfully navigating the maritime area of the award during
the close season.
- 1.
- No sealing vessel shall be seized or detained by reason of the
absence of a license or of a distinctive flag, or merely on account
of seals, seal skins, or fishery implements being found on board;
but, unless there be evidence of unlawful sealing, the commander of
the cruiser ivsiting such vessel shall deliver to the master a
certificate of the number
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of seals and sealskins found on board on that date (keeping a copy
of such certificate) and allow the vessel to proceed on her
way.
- 2.
- Any sealing vessel lawfully traversing, or intending to traverse,
the said waters during the close season, for the purpose of
returning to her home port, or of proceeding to any other report, or
to or from the sealing grounds, or for any other legitimate purpose,
may, on the application of the master, have her fishery implements
sealed up and an entry thereof made on her clearing and log book,
and such sealing up and entry shall be a protection to the vessel
against interference by any cruiser in the said waters during the
close season so long as the seals so affixed shall remain unbroken,
unless there shall be evidence of seal hunting
notwithstanding.
- 3.
- The sealing up of fishery implements and the entry thereof may be
effected by any naval officer or customs officer, or (in Japan) by
any consul of the nation to which the vessel belongs. It may also be
effected at sea, as regards United States vessels, by the commander
of a British cruiser, and, as regards British vessels, by the
commander of a United States cruiser.