Exchange Of Notes Constituting An Agreement Between The United States Of America, Canada And Japan Relating To Scientific Investigations Of The Fur Seals In The North Pacific Ocean
Source: UNTS vol. 168, pp. 10.
I
The United States Political Adviser for Japan to the Japanese Minister of Foreign Affairs
OFFICE OF THE UNITED STATES POLITICAL ADVISER FOR JAPAN
Tokyo, January 31, 1952.
Excellency:
I have the honor to refer to the Memorandum of April 7, 1951,[2] from your government on the subject of pelagic fur sealing, in which is expressed, inter alia, the hope of the Government of Japan that negotiations for a new convention concerning pelagic sealing may be initiated at the earliest possible date.
In view of the demonstrated need for international cooperation in the perpetuation of the valuable fur seal resource, and the efficacy of international cooperation to this end in the past, my government considers that the early initiation of negotiations looking to a new multilateral convention concerning pelagic sealing is essential. It is the view of my government, however, that if any such convention is to reflect in a high degree the specific interests of the nations concerned in the fur seals of the North Pacific Ocean, it should, so far as possible, be predicated upon scientific knowledge. My government suggests, therefore, that an expansion of existing factual information regarding the distribution, migration, and feeding habits of the fur seals of this area would be highly desirable to facilitate the conclusion of a new fur seal convention.
You will recall that, in order to expand information on this subject, preliminary fur seal investigations were conducted in the waters off the coasts of Japan in 1949 and 1950 by the Fisheries Agency of the Japanese Government with the cooperation of the Fish and Wildlife Service of the United States Government and under the auspices of the Supreme Commander for the Allied Powers. Although these investigations were not on a sufficiently large scale to indicate conclusively the number of Pribilof seals which migrate to waters off the coasts of Japan or the quantities of commercially important fish consumed by these seals, the results did suggest that adequate data in this regard might be obtained were such studies pursued further and on a suitable scale. My government considers it highly advisable to continue these studies, during the winter and spring of this year, taking advantage of the fact that a greater number of the seals tagged on the Pribilof Islands will be available for recovery this year than for several years in the future.
Accordingly, my government proposes that a joint program of investigations be undertaken during a period of five consecutive months beginning in February 1952, for the purpose of obtaining scientific data concerning the distribution, migration, and feeding habits of the fur seals of the North Pacific Ocean which might be useful in the formulation of a fur seal convention. To implement this proposal my government is issuing an invitation to the Governments of Japan, Canada, and the Union of Soviet Socialist Republics to participate directly in the investigations. It is the desire of my government to make copies of the findings available to each of those governments whether or not all participate in the investigations.
I am directed to propose that this joint undertaking be expressed in the following terms:
1. The participating governments will cooperate to initiate and pursue during the months of February to June, 1953, both months included, programs of research in the waters off the coast of Japan and off the coast of North America, designed to develop factual information concerning the distribution, migration and feeding habits of the fur seal of the North Pacific Ocean, in particular:
(a) The number of Pribilof fur seals which inhabit coastal waters of Canada, Japan, and the United States of America and the approximate length of time spent in such waters;
(b) The feeding habits of the fur seals while inhabiting coastal waters of Canada and of Japan, with special reference to the species of fish, and quantities of each species, consumed by the fur seals during their sojourn in such waters;
(c) The commercial value to the several countries of the fish so consumed by fur seals.
2. Approximately 3,000 fur seals may be taken pelagically in coastal waters of Japan and approximately 2,000 fur seals may be taken pelagically in coastal waters of North America, for the purposes set forth in the above paragraph.
3. The fur seal studies shall be conducted in accordance with such measures as mutually agreed by biologists provided by the participating governments, the number of such scientific personnel and their organization to be determined by mutual agreement of the participating governments.
4. Upon the completion of the studies a joint report of the findings shall be made to each participating government.
5. In connection with the fur seal studies to be conducted in the coastal waters of Japan, the Government of Japan will cooperate with the Government of the United States of America in making arrangements for the necessary equipment, supplies, administration of supplies, administrative personnel, and lodging, messing, and transportation facilities for all personnel, and the Government of the United States of America shall defray the following expenses, incidental to such arrangements, as authorized in advance by the United States biologist designated to perform that function:
(a) The charter and operation of not to exceed four fully equipped vessels, including salaries and transportation of their crews;
(b) Specialized equipment such as guns, ammunition, and scientific devices;
(c) Salaries, messing, lodging, and transportation of interpreters and clerks;
(d) Facilities for the storage and transportation of equipment and of specimens collected;
(e) Laboratory facilities for such analytical work as may be done in Japan; and
(f) Joint administrative requirements, such as communications, office space, and office equipment.
6. In connection with the fur seal studies to be conducted in the coastal waters of North America, the Government of the United States of America shall provide and maintain at its own expense the following:
(a) Two fully equipped vessels with crews;
(b) Specialized equipment such as guns, ammunition, and scientific devices;
(c) Necessary administrative personnel;
(d) Facilities for the storage and transportation within the United States of America of equipment and of specimens collected;
(e) Laboratory facilities for such analytical work as may be done in the United States.
7. Each appointing government shall defray all expenses connected with the remuneration, messing, and lodging of its scientific personnel, and with their transportation to and within the United States or Japan, as the case may be.
8. The participating governments agree that, except for such skins as are required to be retained for scientific purposes, all skins of fur seals taken pursuant to paragraph 2 above of this agreement shall be divided among the participating governments in proportion to the contribution of each to the expenses of the program.
If the foregoing is acceptable to the Government of Japan, this note and your reply to that effect shall constitute an understanding, which understanding shall come into effect between our two governments on the date of such reply. The understanding shall come into effect with respect to either or both the Government of Canada and the Government of the Union of Soviet Socialist Republics on the date of their respective acceptance or on the date of coming into effect of the understanding between the Governments of the United States of America and Japan, whichever date is later.
My government appreciates that time is of the essence; that the studies in question should be undertaken without delay. Your government will therefore be promptly notified of the response of the Government of Canada and of the Government of the Union of Soviet Socialist Republics to these proposals in order that final arrangements will be possible.
Accept, Excellency, the renewed assurances of my most distinguished consideration.
W. J. SEBALD
His Excellency Shigeru Yoshida
Minister of Foreign Affairs
Tokyo
II
The Japanese Minister for Foreign Affairs to the United States Political Adviser for Japan
THE GAIMUSHO
Tokyo, February 8, 1952
Monsieur l'Ambassadeur,
I have the honour to acknowledge the receipt of Your Excellency's note of January 31, 1952 regarding a joint program of investigations to be undertaken during a period of five consecutive months beginning in February 1952, on the distribution, migration, and feeding habits of the fur seals of the North Pacific Ocean for the purpose of obtaining scientific data which might be useful in the formulation of a new multilateral fur seal convention. I have further the honour to inform Your Excellency that the joint program of investigations to be undertaken in accordance with the terms as expressed in Your Excellency's note is acceptable to the Government of Japan.
I avail myself of this opportunity to renew to Your Excellency, Monsieur l'Ambassadeur, the assurance of my highest consideration.
For the Minister for Foreign Affairs:
S. IGUCHI
Vice-Minister for Foreign Affairs of Japan
His Excellency Mr. W. J. Sebald
The United States Political Adviser for Japan
III
The American Ambassador to the Canadian Acting Secretary of State for External Affairs
UNITED STATES EMBASSY
No. 192
Ottawa, February 7, 1952
Excellency:
I have the honor to refer to the Provisional Fur Seal Agreement between the United States of America and Canada, effected by an exchange of notes signed at Washington, December 8 and 19, 1942,[1] and extended by an exchange of notes signed at Washington, December 26, 1947.[2]
In view of the demonstrated need for international cooperation in the perpetuation of the valuable fur seal resource, and the efficacy of international cooperation to this end in the past, my Government considers that the early initiation of negotiations looking to a new multilateral convention concerning pelagic sealing is essential. It is the view of my Government, however, that if any such convention is to reflect in a high degree the specific interests of the nations concerned in the fur seals of the North Pacific Ocean, it should, so far as possible, be predicated upon scientific knowledge. My Government suggests, therefore, that an expansion of existing factual information regarding the distribution, migration, and feeding habits of the fur seals of this area would be highly desirable to facilitate the conclusion of a new fur seal convention.
You will recall that, in order to expand information on this subject, preliminary fur seal investigations were conducted in the waters off the coasts of Japan in 1949 and 1950 by the Fisheries Agency of the Japanese Government with the cooperation of the Fish and Wildlife Service of the United States Government and under the auspices of the Supreme Commander for the Allied Powers. Although these investigations were not on a sufficiently large scale to indicate conclusively the number of Pribilof seals which migrate to waters off the coasts of Japan or the quantities of commercially important fish consumed by these seals, the results did suggest that adequate data in this regard might be obtained were such studies pursued further and on a suitable scale. My Government considers it highly advisable to continue these studies, during the winter and spring of this year, taking advantage of the fact that a greater number of the seals tagged on the Pribilof Islands will be available for recovery this year than for several years in the future.
Accordingly, my Government proposes that a joint program of investigations be undertaken during a period of five consecutive months beginning in February 1952, for the purpose of obtaining scientific data concerning the distribution, migration, and feeding habits of the fur seals of the North Pacific Ocean which might be useful in the formulation of a fur seal convention. To implement this proposal, my Government is issuing an invitation to the Governments of Japan, Canada, and the Union of Soviet Socialist Republics to participate directly in the investigations. It is the desire of my Government to make copies of the findings available to each of these Governments whether or not all participate in the investigations.
I am directed to propose that this joint undertaking be expressed in the following terms:
[See note I ]
My Government proposes that the foregoing understanding enter into force with respect to the Government of the United States of America and the Government of Japan upon the date of a reply from the Government of Japan indicating its acceptance, and that if your Government and the Government of the Union of Soviet Socialist Republics desire to participate in these scientific studies, the understanding enter into force with respect to those Governments on the date of their respective acceptance or on the date of the entry into force of the understanding between the Governments of the United States of America and Japan, whichever date is later.
My Government appreciates that time is of the essence; that the studies in question should be undertaken without delay. An early reply from the Government of Canada would facilitate final arrangements. In the event your Government does not wish to participate directly in this research program, my Government will be pleased to arrange for Canada to receive a copy of the findings.
Your Government will be promptly notified of the response of the Government of Japan and of the Government of the Union of Soviet Socialist Republics to these proposals.
Stanley WOODWARD
His Excellency
The Acting Secretary of State for External Affairs
Ottawa
IV
The Canadian Secretary of State for External Affairs to the American Ambassador
DEPARTMENT OF EXTERNAL AFFAIRS
CANADA
No. X-57
Ottawa, March 1, 1952
Excellency:
I have the honour to refer to your Note No. 192 of February 7, 1952, inviting the Government of Canada to participate in scientific investigations on the fur seals in the North Pacific Ocean, with a view to the formulation of a multilateral convention on pelagic sealing.
This matter has now been considered by the appropriate Canadian authorities, and I am pleased to inform you that the Government of Canada is agreeable to participating in the proposed investigations, both on this side of the Pacific and on the Asiatic side, and is appointing three scientists for that purpose.
The arrangements for the investigations as set forth in your Note under reference are satisfactory to the Government of Canada.
Accept, Excellency, the renewed assurances of my highest consideration.
E. H. NORMAN
For the Secretary of State for External Affairs
His Excellency the Hon. Stanley Woodward
Ambassador of the United States of America
100 Wellington Street
Ottawa
