711.008 North Pacific/184½
The Ambassador in Japan (Grew) to the Adviser on Political Relations (Hornbeck)
My Dear Mr. Hornbeck: I am writing to you personally with regard to the Department’s instruction No. 1305 of July 23, 1937, with which there was enclosed a copy of Senator Bone’s letter of July 9, 1937,66 suggesting that the American Government obtain from the Japanese Government information about the destination of all Japanese fishing vessels, where they fish and what they catch, and also that permission be obtained from the Japanese Government for representatives of the American Government to board Japanese public and private vessels in Bering Sea and examine their operations. I have noted the Department’s willingness to give consideration to any recommendation which may occur to me with reference [Page 758] to Senator Bone’s suggestion. I have, however, reached the conclusion that it would be unwise, for the reasons set forth hereunder, for the American Government to make to the Japanese Government any approach along the lines suggested by Senator Bone.
There seems to be some disposition among interested parties in the United States to construe the assurances which have been given by the Japanese Government, that no licenses to fish for salmon in the Bering Sea have been issued or will be issued before the completion in 1938 of the Japanese fishery surveys, as tacit acceptance of the contention that the United States has proprietary rights in salmon found in the non-territorial waters of that Bay. The fact is that the Japanese Government has been careful to reserve its rights under international law with regard to salmon fishing in the Bering Sea. The assurances which it has given us merely manifest its desire to put off as long as possible the taking of any action which would cause unfavorable repercussions in the United States. It is equally true that the Japanese Government is reluctant to expose itself to attack not only from influential Japanese fishery interests but also from the nationalistic elements which are now in the ascendency in Japan, by assenting to the contention above-mentioned of the American fishery interests or by taking any other action which might be construed as a surrender without substantial compensation of Japanese rights.
In view of the foregoing facts, if our Government were to propose, as suggested by Senator Bone, that the Japanese Government furnish us complete information with regard to the operations of Japanese fishing vessels, we would have to expect the reply that the assurances already given, that no licenses to fish for salmon have been issued and that no salmon have been caught, should be sufficient.
With regard to the second suggestion of Senator Bone, that we propose that arrangements be made whereby officers of the American Government would be permitted to board and inspect Japanese vessels in the Bering Sea, I note that Senator Bone appears to believe that the extension of similar privileges by our Government to Japanese officers to board American vessels would constitute a suitable basis for the Japanese Government accepting any such proposal, if made, and that if the Japanese Government were unwilling to enter into such arrangement there would be furnished “further circumstantial evidence that the Japanese are covering up salmon fishing operations”. The conclusion suggested by Senator Bone may or may not be correct. The probabilities are, however, that the Japanese Government would not favorably entertain any such proposal, for the reason, among others, that the concerned interests in Japan would be strongly opposed to the granting to a foreign Government of the privilege of inspecting [Page 759] the exercise by Japan of a right which it holds under international law.
If the Department shares my view that no proposal along the lines suggested by Senator Bone be made, I would be glad to have the Department inform Senator Bone, if it should so desire, that I associate myself with the Department in such view, but I am sure that you will appreciate the reasons which make me reluctant to have primary responsibility imposed on me for any unfavorable reply which might be made to Senator Bone.
If you no longer have supervision over the salmon fishing matter, I would appreciate your referring this letter to Mr. Hamilton.67
Sincerely yours,