Mr. Somow to Mr. Olney.

[Translation.]

Mr. Secretary of state: In reply to the note of your excellency dated 15th of October last, I have the honor to inform you, Mr. Secretary of State, that the Imperial Government—to which I did not fail to forward the above-mentioned note—informs me of its consent to the employment during the examination of the conditions of the fur-seal fisheries of one of the two following measures: (1) Either that fishing on the open sea be completely prohibited in all waters situated to the north of the thirty-fifth degree north latitude, (2) or that the provisions of the Paris award be applied to the whole extent of Bering Sea.

At the same time the Imperial Government leaves to the disposal of the Federal Government the choice of one of the two measures above mentioned.

Accept, etc.,

A. Somow.
[Page 1118]
[Memorandum handed to Mr. Olney by Mr. Somow November 21, 1895.]

Queries.

1. Was the United States Government aware that in the act of Parliament issued by the Government of Great Britain in pursuance of the Bering Sea award act in 1894 was omitted the clause 6 of the following regulations on seal fisheries:

“If, during the period and within the seas specified by the order, a British ship is found having on board thereof fishing or shooting implements or seal skins or bodies of seals, it shall lie on the owner or master of such ship to prove that the ship was not used or employed in contravention of this act.”

And if the United States Government was aware of it, has it given any consideration to this subject; and, further, does the United States Government consider the practical value of this clause important?

2. In considering the best way to protect the seal fisheries the United States Government thought desirable, pending the investigations of the seal fisheries by a special commission, to extend the rules of the Paris award to the seal fisheries on the seas lying to the north of 35° of north latitude, and prohibit entirely the seal fisheries in the Bering Sea proper. Is that prohibition of the seal fisheries in the Bering Sea intended for the purpose of protecting the breeding area of the seals, or has it any other purpose?