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Fur-seal, sea otter, and salmon fisheries. Acts of Congress, President's proclamations, regulations governing… United States. Revenue-Cutter Service 1896

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Array ACTS OF CONGRESS,
PRESIDENT'S PROCLAMATIONS;
REGULATIONS GOVERNING U. S. VESSELS,
ACTS OF PARLIAMENT,
ORDERS IN COUNCIL,
ETTR-SEAL FISHERIES IN BERING SEA
AND NORTH PACIFIC OCEAN",
SEA OTTER REGULATIONS,
LAWS AS TO SALMON FISHERIES IN ALASKA.'
WASHINGTON:
GOVERNMENT PRINTING OFFICE
1896.
% Treasury Depa:
Document No. 1850.
Office of Division of Revenue Cutter Servi
5sUr ACTS OF CONGRESS, PRESIDENT'S PROCLAMATIONS, ACTS OF
PARLIAMENT, ORDERS IN COUNCIL, AND OTHER MATTERS
PERTAINING TO THE FUR-SEAL FISHERIES IN BERING SEA.
REVISED STATUTES OF THE UNITED STATES, SECTION 1956.   -
No person shall kill any otter, mink, marten, sable, or fur seal, or other
fur-bearing animal within the limits of Alaska Territory, or in the waters
thereof; and every person guilty thereof shall, for each offense, be fined
not less than two hundred nor more than one thousand dollars, or
imprisoned not more than six months, or both ; and all vessels, their
tackle, apparel, furniture and cargo, found engaged in violation of this
section shall be forfeited; but the Secretary of the Treasury shall have
power to authorize the killing of any such mink, marten, sable, or other
fur bearing animal, except fur seals, under such regulation as he may
prescribe; and it shall be the duty of the Secretary to prevent the killing of any fur seal, and to provide for the execution of the provisions
of this section until it is otherwise provided by law; nor shall he grant
any special privileges under this section.
ACT OF MARCH 2, 1889 (STATS. AT LARGE, VOL. 25, P. 1009).
Chapter 415—An act to provide for the protection of the salmon fisheries of Alaska.
Be it enacted, etc., That the erection of dams, barricades, or other
obstructions in any of the rivers of Alaska, with the purpose or result
of preventing or impeding the ascent of salmon or other anadromous
species to their spawning grounds, is hereby declared to be unlawful,
and the Secretary of the Treasury is hereby authorized and directed to
establish such regulations and surveillance as may be necessary to
insure that this prohibition is strictly enforced, and to otherwise protect
the salmon fisheries of Alaska.
And every person who shall be found guilty of a violation of the
provisions of this section shall be fined not less than two hundred and
fifty dollars for each day of the continuance of such obstruction.
Sec. 2. That the Commissioner of Pish- and Fisheries is hereby
empowered and directed to institute an investigation into the habits,
abundance, and distribution of the salmon of Alaska, as well as the
present conditions and methods of the fisheries, with a view of recommending to Congress such additional legislation as may be necessary to
prevent the impairment or exhaustion of these valuable fisheries and
placing them under regular and permanent conditions of production. 4 FÙR-SEAL  FISHERIES  IN  BERING  SEA.
SEO. 3. That section nineteen hundred and fifty-six of the Kevised
Statutes of the United States is hereby declared to include and apply
to all the dominion of the United States in the waters of Behring Sea.
And it shall be the duty of the President, at a timely season in each
year, to issue his proclamation, and cause the same to be published for
one month in at least one newspaper, if any such there be, published at
each United States port of entry on the Pacific Coast, warning all persons against entering said waters for the purpose of violating the provisions of said section; and he shall also cause one or more vessels of
the United States to diligently cruise said waters and arrest all persons and seize all vessels found to be, or to have been, engaged in any
violation of the laws of the United States therein.
Approved March 2, 1889.
MODUS VIVENDI RESPECTIN8  THE FUR-SEAL FISHERIES IN BEHRING SEA.
By the President of the United States of America,
A PROCLAMATION.
Whereas an agreement for a modus vivendi between the Government
of the United States and the Government of Her Britannic Majesty in
relation to the fur-seal fisheries in Behring Sea, was concluded on the
fifteenth day of June, in the year of our Lord one thousand eight hundred and nin'ety-one, word for word as follows :
AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES
AND THE GOVERNMENT OF HER BRITANNIC MAJESTY FOR A
MODUS VIVENDI IN RELATION TO THE FUR-SEAL FISHERIES IN
BEHRING SEA.
For the purpose of avoiding irritating differences and with a view to
promote the friendly settlement of the questions pending between the
two Governments touching their respective rights in Behring Sea, and
for the preservation of the seal species, the following agreement is made
without prejudice to the rights or claims of either party.
(1) Her Majesty's Government will prohibit until May next seal
killing in that part of Behring Sea lying eastward of the line of
demarcation described in article No. 1 of the treaty of 1867 between
the United States and Russia, and will promptly use its best efforts to
ensure the observance of this prohibition by British subjects and
(2) The United States Government will prohibit seal killing for the
same period in the same part of Behring Sea and on the shores and
islands thereof, the property of the United States (in excess of 7,500
to be taken on the islands for the subsistence and care of the natives),
and will promptly use its best efforts to ensure the observance of this
prohibition by United States citizens and vessels. FUR-SEAL  FISHERIES  IN  BERING  SEA. 5
(3) Every vessel or person offending against this prohibition in the
said waters of Behring Sea outside of the ordinary territorial limits of
the United States may be seized and detained by the naval or other
duly commissioned officers of either of the High Contracting Parties,
but they shall be handed over as soon as practicable to the authorities
of the nation to which they respectively belong, who shall alone have
jurisdiction to try the offense and impose the penalties for the same.
The witnesses and proofs necessary to establish-the offense shall also
be sent with them.
(4) In order to facilitate such proper inquiries as Her Majesty's Gov-
erment may desire to make, with a view to the presentation of the case
of that Government before arbitrators and in expectation that an
agreement for arbitration may be arrived at, it is agreed that suitable
persons designated by Great Britian will be permitted at any time,
upon application, to visit or to remain upon the seal islands during
the present sealing season for that purpose.
Signed and sealed in duplicate at Washington this fifteenth day of
June, 1891, on behalf of their respective Governments, by William P.
Wharton, Acting Secretary of State of the United States, and Sir
Julian Pauncefote, G. C. M. G., K. C. B., H. B. M., envoy extraordinary
and minister plenipotentiary.
(Signed) William P. Wharton,   [seal.]
(Signed) Julian Pauncefote.      [seal.]
Now, therefore, be it known that I, Benjamin Harrison, President
of the United States of America, have' caused the said agreement
to be made public, to the end that the same and every part thereof
may be observed and fulfilled with good faith by the United States of
America and the citizens thereof.
In witness whereof I have hereunto set my hand and caused the seal
of the United States to be affixed.
Done at the city of Washington this fifteenth day of June, in the
year of our Lord one thousand eight hundred and ninety-one
[seal.] and of the Independence of the United States the one hundred
and fifteenth.
(Signed) Ben J. Harrison.
By the President :
(Signed)      William F. Wharton,
Acting Secretary of State. I
A CONVENTION BETWEEN THE GOVERNMENTS OF THE UNITED STATES AND HER
BRITANNIC MAJESTY, SUBMITTING TO ARBITRATION THE QUESTIONS WHICH
HAVE ARISEN BETWEEN THOSE GOVERNMENTS CONCERNING THE JURISDICTIONAL RIGHTS OE THE UNITED  STATES IN THE WATERS OF BEHRING SEA.
Signed at Washington February 29,1892.
Ratification advised by the Senate March 29, 1892.
Ratified by the President April 22, 1892.
Ratifications exchanged May 7,1892.
Proclaimed May 9,1892.
By the President of the United States of America.
A PROCLAMATION.
Whereas a Convention between the United States of America and
Great Britain providing for an amicable settlement of the questions
which have arisen between those Governments concerning the jurisdictional rights of the United States in the waters of the Behring Sea, and
concerning also the preservation of the fur-seal in, or habitually resorting to, the said Sea, and the rights of the citizens and subjects of either
country as regards the taking of fur-seal in, or habitually resorting to,
the said waters, was signed by their respective Plenipotentiaries at the
City of Washington, on the twenty-ninth day of February, one thousand eight hundred and ninety-two, the original of which Convention,
being in the English language and as ameuded by the Senate of the
United States, is word for word as follows :
The United States of America and Her Majesty the Queen of the United Kingdom
of Great Britain and Ireland, being desirons to provide for an amicable settlement
of the questions which have arisen between their respective governments concerning the jurisdictional rights of^the United States in the waters of Behring's Sea,
and concerning also the preservation of the fur-seal in, or habitually resorting to,
the said Sea, and the rights of the citizens and subjects of either country as regards
the taking of fur-seal in, or habitually resorting to, the said waters, have resolved
to submit to arbitration the questions involved, and to the end of concluding a
convention for that purpose have appointed as their respective Plenipotentiaries :
The President of the United States of America, James G. Blaine, Secretary ot
State of the United States; and
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Sir
Julian Pauncefote, G. C. M. G., K. C. B., Her Majesty's Envoy Extraordinary and
Minister Plenipotentiary to the United States ;
Who, after having communicated to each other their respective full powers which
were found to be in due and proper form, have agreed to and concluded the following articles. FUR-SEAL  FISHERIES  IN  BERING  SEA. 7
The questions which have arisen between the Government of the United States
and the Government of Her Britannic Majesty concerning the jurisdictional rights
of the United States in the waters of Behring's Sea, and concerning also the preservation of the fur-seal in, or habitually resorting to, the said Sea, and the rights of
the citizens and subjects of either country as regards the taking of fur-seal in, or
habitually resorting to, the said waters, shall be submitted to a tribunal of Arbitration, to be composed of seven Arbitrators, who shall be appointed in the following
mannerj that is to say: Two shall be named by the President of the United States;
two shall be named by Her Britannic Majesty; His Excellency the President of the
French Republic shall be jointly requested by the High Contracting Parties to name
one ; His Majesty the King of Italy shall be so requested to name one ; and His Majesty
the King of Sweden and Norway shall be so requested to name one. The seven Arbitrators to be so named shall be jurists of distinguished reputation in their respective
countries; and the selecting Powers shall be requested to choose, if possible, jurists
who are acquainted with the English language.
In case of the death, absence or incapacity to serve of any or either of the said
Arbitrators, or in the event of any or either of the said Arbitrators omitting or declining or ceasing to act as such, the President of the United States, or Her Britannic
Majesty, or His Excellency the President of the French Republic, or His Majesty the •
King of Italy, or His Majesty the King of Sweden and Norway, as the case may be,
shall name, or shall be requested to name forthwith another person to act as Arbitrator in the place and stead of the Arbitrator originally named by such head of a
State.
And in the event of the refusal or omission for two months after receipt of the
joint request from the High Contracting Parties of His Excellency the President of
the French Republic, or His Majesty the King of Italy, or His Majesty the King of
Sweden and Norway, to name an Arbitrator, either to fill the original appointment
or to fill a vacancy as above provided, then in such case the appointment shall be
made or the vacancy shall be filled in such manner as the High Contracting Parties
Article n.
The Arbitrators shall meet at Paris within twenty days after the delivery of the
counter cases mentioned in Article IV, and shall proceed impartially and carefully
to examine and decide the questions that have been or shall be laid before them as
herein provided on the part of the Governments of the United States and Her
Britannic Majesty respectively. All questions considered by the tribunal, including
the final decision, shall be determined by a majority of all the Arbitrators.
Each of the High Contracting Parties shall also name one person to attend the
tribunal as its Agent to represent it generally in all matters connected with the
arbitration.
Article III.
The printed case of each of the two parties, accompanied by the documents, the
official correspondence, and other evidence on which each relies, shall be delivered
in duplicate to each of the Arbitrators and to the Agent of the other party as soon
as may be after the appointment of the members of the tribunal, but within a
period not exceeding four months from the date of the exchange of the ratifications
of this treaty.
Article IV.
Within three months after the delivery on both sides of the printed case, either
party may,-in like manner deliver in duplicate to each of the said Arbitrators, and
to the Agent of the other party, a counter case, and additional documents, corre-
spondeace, and evidence, in reply to the case, documents, correspondence, and evidence so presented by the other party. 8 FUR-SEAL  FISHERIES  IN  BERING  SEA.
If, however, in consequence of the distance of the place from which the evidence
to be presented is to be procured, either party shall, within thirty days after the
receipt by its agent of the case of the other party, give notice to the other party that
it requires additional time for the delivery of such counter case, documents, correspondence and evidence, such additional time so indicated, but not exceeding sixty
days beyond the .three months in this Article provided, shall be allowed.
If in the case submitted to the Arbitrators .either party shall have specified or
alluded to any report or document in its own exclusive possession, without annexing a copy, such party shall be bound, if the other party thinks proper to apply for
' it, to furnish that party with a copy thereof; and either party may call upon the
other, through the Arbitrators, to produce the originals or certified copies of any
papers adduced as evidence, giving in each instance notice thereof within thirty days
after delivery of the case ; and the original or copy so requested shall be delivered as
soon as may be and within a period not exceeding forty days after receipt of notice.
Article V.
It shall be the duty of the Agent of each party, within one month after the expiration of the time limited for the delivery of the counter case on both sides, to deliver
in duplicate to each of the said Arbitrators and to the Agent of the other party a
printed argument showing the points and referring to the evidence upon which his
Government relies, and either party may also support the same before the Arbitrators by oral argument of counsel ; and the Arbitrators may, if Jhey desire further
elucidation with regard to any point, require a written or printed statement or argument, or oral argument by counsel, upon it ; but in such case the other party shall
be entitled to reply either orally or in writing, as the case may be.
Article VI.
In deciding the matters submitted to the Arbitrators, it is agreed that the following five points shall be submitted to them, in order that their award shall embrace
a distinct decision upon each of said five points, to wit :
1. What exclusive jurisdiction in the sea now known as the Behring's Sea, and
what exclusive rights* in' the seal fisheries therein, did Russia assert and exercise
prior and up to the time of the cession of Alaska to the United States?
2. How far were these claims of jurisdiction as to the seal fisheries recognized
and conceded by Great Britain?
3. Was the body of water now known as the Behring's Sea included in the phrase
" Pacific Ocean," as used in the Treaty of 1825 between Great Britain and Russia; and
what rights, if any, in the Behring's Sea were held and exclusively exercised by
Russia after said Treaty?
4. Did not all the rights of Russia as to jurisdiction, and as to the seal fisheries in
Behring's Sea east of the water boundary, in the Treaty between the United States
and Russia of the 30th March, 1867, pass unimpaired to the United States under that
Treaty?
5. Has the United States any right, and if so, what right of protection or property
in the fur-seals frequenting the islands of the United States in the Behring Sea when
such seals are found outside the ordinary three-mile limit?
Article VII.
If the determination of the foregoing questions as to the exclusive jurisdiction of
the United States shall leave the subject in such position that the concurrence of
Great Britain is necessary to the establishment of Regulations for the proper protection and preservation of the fur-seal in, or habitually resorting to, the Behring
Sea, the Arbitrators shall then determine what concurrent Regulations outside the
jurisdictional limits of the respective Governments are necessary, and over what
waters such Regulations should extend, and to aid them in that determination the FUR-SEAL  FISHERIES  IN  BERING  SEA. i»
report of a Joint Commission to be appointed by the respective Governments shall be
laid before them, with such other evidence as either Government may submit.
The High Contracting Parties furthermore agree to cooperate in securing the
adhesion of other Powers to such Regulations.
Article VIII.
The High Contracting Parties having found themselves unable to agree upon a
reference which shall include the question of the liability of each for the injuries
alleged to have been sustained by the other, or by its citizens, in connection with
the claims presented and urged by it; and, being solicitous that this subordinate
question should not interrupt or longer delay the submission and determination of
the main questions, do agree that either may submit to the Arbitrators any question
of fact involved in said claim and ask for a finding thereon, the question of the
liability of either Government upon the facts found to be the subject of further
negotiation.
Article IX.
The High Contracting Parties having agreed to appoint two Commissioners on the
part of each Government to make the joint investigation and report contemplated
in the preceding Article VII, and to include the terms of the said Agreement in the
present Convention, to the end that the joint and several reports and recommendations of said Commissioners may be in due form submitted to the Arbitrators should
the contingency therefor arise, the said Agreement is accordingly herein included
as follows:
Each Government shall appoint two Commissioners to investigate conjointly with
the Commissioners of the other Government all the facts having relation to seal
life in Behring's Sea, and the measures necessary for its proper protection and
preservation.
The four Commissioners shall, so far as they may be able to agree, make a joint
report to each of the two Governments, and they shall also report, either jointly
or severally, to each Government on any points upon which they may be unable
to agree.
These reports shall not be made public until they shall be submitted to the Arbitrators, or it shall appear that the contingency of their being used by the Arbitrators
Each Government shall pay the expenses of its members of the Joint Commission
in the investigation referred to in the preceding Article.
Article XI.
The decision of the tribunal shall, if possible, be made within three months from
the close of the argument on both sides.
It shall be made in writing and dated, and shall be signed by the Arbitrators who
The decision shall be in duplicate, one copy whereof shall be delivered to the
Agent of the United States for his Government, and the other copy shall be delivered to the Agent of Great Britain for his Government.
Article XII.
Each Government shall pay its own Agent and provide for the proper remuneration of the counsel employed by it and of the Arbitrators appointed by it, and for
the expense of preparing and submitting its case to the tri bunal. All other expenses
connected with the Arbitration shall be defrayed by the two Governments in equal
moieties. FUR-SEAL  FISHERIES  IN  BERING  SEA.
The Arbitrators shall keep an
appoint and employ the necessary
Article XIV.
The High Contracting Parties engage to consider the result of the proceedings of
the tribunal of arbitration, as a full, perfect, and final settlement of all the questions referred to the Arbitrators.
Article XV.
The present treaty shall be duly ratified by the President of the United States of
America, by and with the advice and consent of the Senate thereof, and by Her
Britannic Majesty; and the ratification shall be exchanged either at Washington or
at London within six months from the date hereof, or earlier if possible.
In faith whereof, we, the respective Plenipotentiaries, have signed this treaty and
have hereunto affixed our seals.
Done in duplicate at Washington the twenty-ninth day of February, one thousand
eight hundred and ninety-two.
James G. Blaine        [seal.]
Julian Pauncefote   [seal.]
And whereas the said Convention has been duly ratified on both
parts, and the ratifications of the wo Governments were exchanged
in the City of London, on the seventh day of May, one thousand, eight
hundred and ninety-two;
Now, therefore, be it known that I, Benjamin Harrison, President of
the United States of America, have caused the said Convention to be
made public, as amended, to the end that the same, and every article
and clause thereof, may be observed and fulfilled with good faith by
the United States and the citizens thereof.
In witness whereof, I have hereunto set my hand and caused the
seal of the United States to be affixed.
Done at the City of Washington, this ninth day of May in the year
of our Lord one thousand, eight hundred and ninety-two,
[seal.]   and of the Independence of the United States the one hundred and sixteenth.
Benj. Harrison.
By the President :
James G. Blaine,
Secretary of State. CONVENTION   BETWEEN    THE    GOVERNMENTS   OF   THE   UNITED    STATES   AND
HER BRITANNIC MAJESTY—RENEWAL OF THE EXISTING  MODUS VIVENDI LN
BEHRLNG sea.
Signed at Washington, April 18,1892.
Ratification advised by the Senate April 19,1892.
Ratifications exchanged May 7,1892.
Proclaimed May 9,1892.
By the President of the United States of America.
A PBOCLAMATION.
Whereas a Convention between the United States of America and
Great Britain for the renewal of the existing modus vivendi in Behring's
Sea was signed by their respective Plenipotentiaries at the City of
Washington, on the eighteenth day of April, one thousand eight hundred and ninety-two, the original of which Convention, being in the
English language, is word for word as follows :
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12 FUR-SEAL   FISHERIES  IN  BERING  SEA.
described in Article No. I of the Treaty of 1867 between the United States and Russia, and will promptly use its best efforts to ensure the observance of this prohibition
by British subjects and vessels.
Article II.
The United States Government will prohibit seal-killing for the same period in
the same part of Behring's Sea, and on the shores and islands thereof, the property
of the United States (in excess of seven thousand five hundred to be taken on the
islands for the subsistance of the natives), and will promptly use its best efforts to
ensure the observance of this prohibition by United States citizens and vessels.
Article III.
Every vessel or person offending against this prohibition in the said waters of
Behring Sea outside of the ordinary territorial limits of the United States, may be
seized and detained by the naval or other duly commissioned officers of either of
the High Contracting Parties, but they shall be handed over as soon as practicable
to the authorities of the Nation to which they respectively belong, who alone shall
have jurisdiction to try the offence and impose the penalties for the same. The
witnesses and proof necessary to establish the offence shall also be sent with them.
Article IV.
In order to facilitate such proper inquiries as Her Majesty's Government may
desire to make with a view to the presentation of the case and arguments of that
Government before the Arbitrators, it is agreed that suitable persons designated by I
Great Britain will be permitted at any time, upon application, to visit or remain
upon the Seal Islands during the sealing season for that purpose.
. Article V.
If the result of the Arbitration be to affirm the right of British Sealers to take seals
in Behring Sea within the bounds claimed by the United States, under its purchase
from Russia, then compensation shall be made by the United States to Great Britain
(for the use of her subjects) for abstaining from the exercise of that right during
the pendency of the Arbitration upon the basis of such a regulated and limited
catch or catches as in the opinion of the Arbitrators might have been taken without
an undue diminution of the seal-herds; and, on the other hand, if the result of the
Arbitration shall be to deny the right of British sealers to take seals within the said
waters, then compensation shall be made by Great Britain to the United States (for
itself, its citizens and lessees) for this agreement to limit the island catch to seven
thousand five hundred a season, upon the basis of the difference between this number and such larger catch as in the opinion of the Arbitrators might have been taken
without an undue diminution of the seal-herds.
The amount awarded, if any, in either case shall be such as under all the circumstances is just and equitable, and shall be promptly paid.
Article VI.
This Convention may be denounced by either of the High Contracting Parties at
any time after the thirtyrfirst day of October, one thousand eight hundred and
ninety-three, on giving to the other Party two months notice of its termination;
and at the expiration of such notice the Convention shall cease to be in force.
Article VII.
The present Convention shall be duly ratified by the President of the United
States, by and with the advice and consent of the Senate thereof, and by Her FUR-SEAL  FISHERIES  IN BERING  SEA. Id
Britannic Majesty; and the ratifications shall be exchanged either at Washington
or at London as early as possible.
In faith whereof, we, the respective Plenipotentiaries have signed this Convention and have hereunto affixed our Seals.
Done in duplicate at Washington, this eighteenth day of April, one thousand
eight hundred .and ninety-two.
James G. Blaine [seal.]
Julian Pauncefote.    [seal.]
And whereas the said Convention has been duly ratified on both
parts, and the ratifications of the two Governments were exchanged
in the City of London, on the seventh day of May, one thousand eight
hundred and ninety-two;
Now, therefore, be it known that I, Benjamin Harrison, President
of the United States of America, have caused the said Convention to be
made public, to the end that the same, and every article and clause
thereof, may be observed in good faith by the United States and the
citizens thereof.
In witness whereof, I have hereunto set my hand and caused the
seal of the United States to be affixed.
Done at the City of Washington, this ninth day of May, in the year
of our Lord one thousand, eight hundred and ninety-two, and
[seal.] of the Independence of the United States the one hundred and
sixteenth.
Benj. Harrison
By the President:
James G. Blaine
Secretary of State. ACT OF FEBRUARY 21, 1893 (STATS. AT LARGE, VOL. 27, P. 472).
Chapter 150.—An act to extend to the North Pacific Ocean the provisions of the
statutes for the protection of the fur seals and other fur-bearing animals.
Be it enacted by the Senate and Rouse of Representatives of the United
States of America in Congress assembled, That whenever the Government of the United States shall conclude an effective international
arrangement for the protection of fur seals in the North Pacific Ocean by
agreement with any power or as a result of the decision of the tribunal
of arbitration under the convention concluded between the United States
and Great Britain February twenty-ninth, eighteen hundred and ninety-
two, and so long as such arrangement shall continue the provisions of
section nineteen hundred and fifty-six of the Bevised Statutes, and all
other provisions of the statutes of the United States, so far as the
same may be applicable, relative to the protection of fur seals and
other fur-bearing animals within the limits of Alaska or in the waters
thereof, shall be extended to and over all that portion of the Pacific
Ocean included in such international arrangement. Whenever an
effective international arrangement is concluded as aforesaid, it shall
be the duty of the President to declare that fact by proclamation, and
to designate the portion of the Pacific Ocean to which it is applicable,
and that this act has become operative; and likewise when such
arrangement ceases to declare that fact and that this act has become
inoperative, and his proclamation with respect thereto shall be conclusive. During the extension as aforesaid of said laws for the protection
of fur seals and other fur-bearing animals all violations thereof in said
designated portion of the Pacific Ocean shall be held to be the same as
if committed within the limits of Alaska or in the waters thereof, but
they may be prosecuted either in the district court of Alaska or in any
district court of the United States in California, Oregon, or Washington.
Approved February 21,1893.
>MM AWARD OF THE TRIBUNAL OF ARBITRATION CONSTITUTED UNDER THE TREATY
CONCLUDED AT WASHINGTON, THE 29TH OF FEBRUARY, 1892, BETWEEN THE
UNITED STATES OF AMERICA AND HER MAJESTY THE QUEEN OF THE UNITED
KINGDOM OF GREAT BRITAIN AND IRELAND.
Whereas by a Treaty between the United States of America and
Great Britain, signed at Washington, February 29,1892, the ratification s of which by the Governments of the two Countries were exchanged
at London on May the 7th, 1892, it was, amongst other things, agreed
and concluded that the questions which had arisen between the Government of the United States of America and the Government of Her
Britannic Majesty, concerning the jurisdictional rights of the United
States in the waters of Behring's Sea, and concerning also the preservation of the fur-seal in or habitually resorting to the said sea, and the
rights of the citizens and subjects of either Country as regards the
taking of fur-seals in or habitually resorting to the said waters, should
be submitted to a Tribunal of. Arbitration to be composed of seven
Arbitrators, who should be appointed in the following manner, that is
to say: two should be named by the President of the United States;
two should be named by her Britannic Majesty; His Excellency the
President of the French Bepublic should be jointly requested by the
High Contracting Parties to name one; His Majesty the King of Italy
should be so requested to name one; His Majesty the King of Sweden
and Norway should be so requested to name one; the seven Arbitrators
to be so named should be jurists of distinguished reputation in their
respective Countries, and the selecting Powers should be requested to
choose, if possible, jurists who are acquainted with the English language;
And whereas it was further agreed by article II of the said Treaty
that the Arbitrators should meet at Paris within twenty days after
the delivery of the Counter-Cases mentioned in article IV, and should
proceed impartially and carefully to examine and decide the questions
which had been or should be laid before them as in the said Treaty
provided on the part of the Governments of the United States and of
Her Britannic Majesty respectively, and that all questions considered
by the Tribunal, including the final decision, should be determined by
a majority of all the Arbitrators;
And whereas by article VI of the said Treaty, it was further provided as follows :
In deciding the matters submitted to the said Arbitrators, it is agreed that the
following five points shall be submitted to them in order that their award shall
embrace a distinct decision upon each of said five points, to wit :
1. What exclusive jurisdiction in the sea now known as the Behring's Sea, and what
exclusive rights in the seal fisheries therein, did Russia assert and exercise prior and
up to the time of the cession of Alaska to the United States?
15 16 FUR-SEAL  FISHERIES  IN  BERING  SEA.
2. How far were these claims of jurisdiction as to the seal fisheries recognized and
conceded by Great Britain?
3. Was the body of water now known as the Behring's Sea included in the phrase
' Pacific Ocean, as used in the Treaty of 1825 between Great Britain and Russia; and
what rights, if any, in the Behring's Sea were held and exclusively exercised by
Russia after said Treaty ?
4. Did not all the rights of Russia as to jurisdiction and as to the seal fisheries in
Behring's Sea east of the water boundary, in the Treaty between the United States
and Russia of the 30th of March 1867, pass unimpaired to the United States under
that Treaty ?
5. Has the United States any right, and if so, what right of protection or property
in the fur-seals frequenting the islands of the United States in Behring Sea when
such seals are found outside the ordinary three-mile limit.
And whereas, by article VII of the said Treaty, it was further agreed
as follows :
If the determination of the foregoing questions as to the exclusive jurisdiction of
the United States shall leave the subject in such position that the concurrence of
Great Britain is necessary to the establishment of Regulations for the proper protection and preservation of the fur-seal in, or habitually resorting to, the Behring
Sea, the Arbitrators shall then determine what concurrent Regulations, outside the
jurisdictional limits of the respective Governments, are necessary, and over what
waters such Regulations should extend ;
I The High Contracting Parties furthermore agree to cooperate in securing the
adhesion of other Powers to such Regulations ;
And whereas, by article VIH of the said Treaty, after reciting that
the High Contracting Parties had found themselves unable to agree
upon a reference which should include the question of the liability of
each for the injuries alleged to have been sustained by the other, or by
its citizens, in connection with the claims presented and urged by it,
and that "they were solicitous that this subordinate question should
not interrupt or longer delay the submission and determination of the
main questions," the High Contracting Parties agreed that "either of
them might submit to the Arbitrators any question of fact involved in
said claims and ask for a finding thereon, the question of the liability
of either Government upon the facts found, to be the subject of further
négociation;"
And whereas the President of the United States of America named
The Honourable John M. Harlan, Justice of the Supreme Court of the
United States, and the Honourable John T. Morgan, Senator of the
United States, to be two of the said Arbitrators, and Her Britannic
Majesty named the Bight Honourable Lord Hannen and The Honourable Sir John Thompson, Minister of Justice and Attorney General for
Canada, to be two of the said Arbitrators, and His Excellency the
President of the French Bepublic named the Baron de Courcel, Senator,
Ambassador of France, to be one of the said Arbitrators, and His
Majesty the King of Italy named the Marquis Emilio Visconti Venosta,
former Minister of Foreign Affairs and Senator of the Kingdom of -
Italy, to be one of the said Arbitrators, and His Majesty the King of
Sweden and Norway named Mr. Gregers Gram, Minister of State to be
one of the said Arbitrators; FUR-SEAL  FISHERIES  IN  BERING  SEA. 17
And whereas We, the said Arbitrators, so named and appointed,
having taken upon ourselves the burden of the said Arbitration, and
having duly met at Paris, proceeded impartially and carefully to examine and decide all the questions submitted to us the said Arbitrators,
under the said Treaty, or laid before us as provided in the said Treaty on
the part of the Governments of Her Britannic Majesty and the United
States respectively;
Now we, the said Arbitrators, having impartially and carefully examined the said questions, do in like manner by this our Award decide
and determine the said questions in manner following, that is to say,
we decide and determine as to the five points mentioned in article VI
as to which our Award is to embrace a distinct .decision upon each of
them:
As to the first of the said five points, We, the said Baron de Courcel,
Mr Justice Harlan, Lord Hannen, Sir John Thompson, Marquis Vis-
conti Venosta and Mr Gregers Gram, being a majority of the said
Arbitrators, do decide and determine as follows :
By the Ukase of 1821," Bussia claimed jurisdiction in the sea now
known as the Behring's Sea, to the extent of 100 Italian miles from
the coasts and islands belonging to her, but, in the course of the négociations which led to the conclusion of the Treaties of 1824 with the
United States and of 1825 with Great Britain, Bussia admitted that
her jurisdiction in the said sea should be restricted to the reach of
cannon shot from shore, and it appears that, from that time up to the
time of the cession of Alaska to the United States, Bussia never
asserted in fact or exercised any exclusive jurisdiction in Behring's
Sea or any exclusive fights in the seal fisheries therein beyond the
ordinary limit of territorial waters.
As to the second of the said five points, We, the said Baron de Cour-,
eel, Mr. Justice Harlan, Lord Hannen, Sir John Thompson, Marquis
Visconti Venosta and Mr Gregers Gram, being a majority of the said
Arbitrators, do decide and determine that Great Britain did not recognize or concede any claim, upon the part of Bussia, to exclusive jurisdiction as to the seal fisheries in Behring Sea, outside of ordinary
territorial waters.
As to the third of the said five points, as to so much thereof as
requires us to decide whether the body of water now known as the
Behring Sea was included in the phrase "Pacific Ocean" as used in
the Treaty of 1825 between Great Britain and Bussia, We, the said
Arbitrators, do unanimously decide and determine that the body of
water now known as the Behring Sea was included in the phrase
"Pacific Ocean" as used in the said Treaty.
And as to so much of the said third point as requires us to decide
what rights, if any, in the Behring Sea were held and exclusively
exercised by Bussia after the said Treaty of 1825, We, the said Baron
de Courcel, Mr. Justice Harlan, Lord Hannen, Sir John Thompson,
14568 2 I
18 FUR-SEAL  FISHERIES  IN  BERING  SEA.
Marquis Visconti Venosta and Mr. Gregers Gram, being a majority
of the said Arbitrators, do decide and determine that no exclusive
rights of jurisdiction in Behring Sea and no exclusive rights as to the
seal fisheries therein, were held or exercised by Bussia outside of ordinary territorial waters after the Treaty of 1825.
As to the fourth of the said five points, We, the said Arbitrators, do
unanimously decide and determine that all the rights of Bussia as to
jurisdiction and as to the seal fisheries in Behring Sea, east of the
water boundary, in the Treaty between the United States and Bussia
of the 30th March 1867, did pass unimpaired to the United States under
the said Treaty.
As to the fifth of the said five points, We, the said Baron de Courcel;
Lord Hannen, Sir John Thompson, Marquis Visconti Venosta and
M. Gregers Gram being a majority of the said arbitrators, do decide
and determine that the United States has not any right of protection
or property in the fur-seals frequenting the islands of the United
States in Behring Sea, when such seals are found outside the ordinary
three-mile limit.
And whereas the aforesaid determination of the foregoing questions
as to the exclusive jurisdiction of the United States mentioned in
Article VI leaves the subject in such a position that the concurrence of
Great Britain is necessary to the establishment of Begulations for the
proper protection and preservation of the fur-seal in or habitually resorting to the Behring Sea, the Tribunal having decided by a majority as
to each Article of the following Begulations, We, the said Baron de
Courcel, Lord Hannen, Marquis Visconti Venosta, and Mr. Gregers
Gram, assenting to the whole of the nine Articles of the following
Begulations, and being a majority of the said Arbitrators, do decide
and determine in the mode provided by the Treaty, that the following
concurrent Begulations outside the jurisdictional limits of the respective
Governments are necessary and that they should extend over the waters
hereinafter mentioned, that is to say :
The Governments of the United States and of Great Britain shall forbid their
citizens and subjects respectively to kill, capture or pursue at any time and in any
manner whatever, the animals commonly called fur seals, within a zone of sixty
miles around the Pribilov Islands, inclusive of the territorial waters.
The miles mentioned in the preceding paragraph are geographical miles, of sixty
to a degree of latitude.
Article 2.
The two Governments shall forbid their citizens and subjeots respectively to kill,
capture or pursue, in any manner whatever, during the season extending, each year,
from the Is' of May to the 31st of July, both inclusive, the fnr seals on the high sea, in
the part of the Pacific Ocean, inclusive of the Behring sea, which is situated to the
North of the 35"1 degree of North latitude, and eastward of the 180th degree of
longitude from Greenwich till it strikes the water boundary described in Article 1
of the Treaty of 1867 between the United States and Russia, and following that line
up to Behring straits. FUR-SEAL  FISHERIES  IN  BERING  SEA. 19
Article 3.
During the period of time and in the waters in which the fnr seal fishing is allowed,
only sailing vessels shall be permitted to carry on or take part in fur-seal fishing
operations. They will however be at liberty to avail themselves of the use of such
canoes or undecked boats, propelled by paddles, oars, or sails, as are in common use
as fishing boats.
Article 4.
Each sailing vessel authorized to fish for fur seals must be provided with a special
license issued for that purpose by its Government and shall be required to carry a
distinguishing flag to be prescribed by its Government.
I The masters of the vessels engaged in fur seal fishing shall enter accurately in
their official log book the date and place of each fur seal fishing operation, and
also the number and sex of the seals captured upon each day. These entries shall
" the two Governments to the other at the end of each
I The use of nets, fire arms and explosives shall be forbidden in the fur seal fishing.
This restriction shall not apply to shot guns when such fishing takes place outside
of Behring's sea, during the season when it may be lawfully carried on.
The two Governments shall take measures to control the fitness of the men authorized to engage in fur seal fishing; thèse men shall have been proved fit to handle
with sufficient skill the weapons by means of which this fishing may be carried on.
Article 8.
The regulations contained in the preceding articles shall not apply to Iodians
dwelling on the coasts of the'territory of the United States or of Great Britain, and
carrying on fur seal fishing in canoes or undecked boats not transported by or used
in connection with other vessels and propelled wholly by paddlos, oars or sails and
manned by not more than five persons each in the way hitherto practised by the
Indians, provided such Indians are not in the employment of other persons and provided that, when so hunting in canoes or undecked boats, they shall not hunt fur
seals outside of territorial waters under contract for the delivery of the skins to any
person.
This exemption shall n
try, nor shall it extend t<
Passes.
Nothing herein contained is intended to interfere with the employment of Indian!
as hunters or otherwise in connection with fur sealing vessels as heretofore.
Article 9.
The concurrent regulations hereby determined with a view to the protection anc
preservation of the fur seals, shall remain in force until they have been, in whole o.
in part, abolished or modined by common agreement between the Governments o
the United States and of Great Britain.
The said concurrent regulations shall be submitted every five years to a nev
examination, so as to enable both interested Governments to consider whether, ii
the light of past experience, there is occasion for any modification thereof. I
20 FUR-SEAL  FISHERIES  IN  BERING  SEA.
And whereas the Government of Her Britannic Majesty did submit
to the Tribunal of Arbitration by article VIII of the said Treaty certain
questions of fact involved in the claims referred to in the said article
VIII, and did also submit to us, the said Tribunal, a statement of the
said facts, as follows, that is to say:
FINDINGS OF FACT PROPOSED   BY THE AGENT   OF   GREAT  BRITAIN  AND  AGREED   TO
M That the several searches and seizures, whether of ships or goods, and the several arrests of masters and crews, respectively mentipned in the Schedule to the
British Case, pages 1 to 60 inclusive, were made by the authority of the United
States Government. The questions as to the value of the said vessels or their contents or either of them, and the question as to whether the vessels mentioned in the
Schedule to the British Case, or any of them, were wholly or in part the actual
property of citizens of the United States, have been withdrawn from and have not
been considered by the Tribunal, it being understood that it is open to the United
States to raise these questions or any of them, if they think fit, in any future
negotiations as to the liability of the United States Government to pay the amounts
mentioned in the Schedule to the British Case;
2. That the seizures aforesaid, with the exception of the "Pathfinder" seized at
Neah-Bay, were made in Behring Sea at the distances from shore mentioned in the
Schedule annexed hereto marked " C " ;
3. That the said several searches and seizures of vessels were made by public
armed vessels of the United States, the commanders of which had, at the several
times when they were made, from the Executive Department of the Government of
the United States, instructions, a copy of one of which is annexed hereto, marked
" A" and that the others were, in all substantial respects, the same : that in all the
instances in which proceedings were had in the District Courts of the United States
resulting in condemnation, such proceedings were begun by the filing of libels, a
copy of one of which is annexed hereto, marked "B", and that the libels in the
other proceedings were in all substantial respects the same : that the alleged acts or
offences for which said several searches and seizures were made were in each case
done or committed in Behring Sea at the distances from shore aforesaid; and that in
each case in which sentence of condemnation was passed, except in those cases
when the vessels were released after condemnation, the seizure was adopted by the
Government of the United States : and in those cases in which the vessels were
released the seizure was made by the authority of the United States ; that the said
fines and imprisonments were for alleged breaches of the municipal laws of the
United States, which alleged breaches were wholly committed in Behring Sea at the
distances from the shore aforesaid;
4. That the several orders mentioned in the Schedule annexed hereto and marked
IC " warning vessels to leave or not to enter Behring Sea were made by public armed
vessels of the United States the commanders of which had, at the several times when
they were given, like instructions as mentioned in finding 3, and that the vessels so
warned were engaged in sealing or prosecuting voyages for that purpose, and that '
such action was adopted by the Government of the United States;
5. That the District courts of the United States in which any proceedings were
had or taken for the purpose of condemning any vessel seized as mentioned in the
Schedule to the Case of Great Britain, pages 1 to 60, inclusive, had all the jurisdiction and powers of Courts of Admiralty, including the prize jurisdiction, but that
in each case the sentence pronounced by the Court was based upon the grounds set
—— FUR-SEAL  FISHERIES  IN BERING  SEA.
Treasury Department, Office of the Secretary,
Washington, April SI, 1886.
Sir: Referring to Department letter of this date, directing you to proceed with
the revenue-steamer Bear, under your command, to the seal Islands, etc., you are
hereby clothed with full power to enforce the law contained in the provisions of
Section 1956 of the United States' Revised Statutes, and directed to seize all vessels
and arrest and deliver to the proper authorities any or all persons whom you may
detect violating the law referred to, after due notice shall have been given.
You will also seize any liquors or fire-arms attempted to be introduced into the
country without proper permit, under the provisions of Section 1955 of the Revised
Statutes, and the Proclamation of the President dated 4th February, 1870.
Respectfully yours,
(Signed) C. S. Fairchild, Acting Secretary.
Captain M. A. Healy,
Commanding revenue-steamer Bear, San-Francisco, California.
Annex B.
IIN THE  DISTRICT   COURT   OF   THE   UNITED   STATES   FOR   THE   DISTRICT   OF ALASKA,
To the Honourable Lafayette Dawson, Judge of said District Court :
The libel of information of M. D. Ball, Attorney for the United States for the District of Alaska, who prosecutes on behalf of said United States, and being present
here in Court in his proper person, in the name and on behalf of the said United
States, against the schooner Thornton, her tackle, apparel, boats, cargo, and furniture, and against all persons intervening for their interest therein, in a cause of forfeiture, alleges and informs as follpws :
That Charles A. Abbey, an officer in the Revenue marine Service of the United
States, and on special duty in the waters of the district of Alaska, heretofore, to wit,
on the 1st day of August, 1886, within the limits of Alaska Territory, and in the
waters thereof, and within the civil and judicial district of Alaska, to wit, within
the waters of that portion of Behring sea belonging to the said district, on waters
navigable from the sea by vessels of 10 or more tons burden, seized the ship or vessel commonly called a schooner, the Thornton, her tackle, apparel, boats, cargo, and
furniture, being the property of some person or persons to the said Attorney
unknown, as forfeited to the United States, for the following causes :
That the said vessel or schooner was found engaged in killing fur-seal within the
limits of Alaska Territory, and in the waters thereof, in violation of section 1956 of
the Revised Statutes of the United States.
And the said Attorney saith that all and singular the premises are and were true,
and within the Admiralty and maritime jurisdiction of this Court, and that by reason thereof, and by force of the Statutes of the United States in such cases made
and provided, the afore-mentioned and described schooner or vessel, being a vessel
of "over 20 tons burden, her tackle, apparel, boats, cargo, and furniture, became and
are forfeited to the use of the said United States, and that said schooner is now
within the district aforesaid.
Wherefore the said Attorney prays the usual process and monition of this honourable Court issue in this behalf, and that all persons interested in the before-mentioned
and described schooner or vessel may be cited in general and special to answer the
premises, and all due proceedings being had, that the said schooneT or vessel, her
tackle, apparel, boats, cargo, and furniture may, for the cause aforesaid, and others
appearing, be condemned by the definite sentence and decree of this honourable
Court, as forfeited to the use of the said United States, according to the form of the
Statute of the said United States in such cases made and provided.
(Signed) M. D. Ball,
United States District Attorney for the District of Alaska. 22 FUR-SEAL  FISHERIES  IN  BERING   SEA.
Annex C.
The following Table shows the names of the British sealing-vessels seized or
warned by United States revenue cruizers 1886-1890, and the approximate distance
from land when seized. The distances assigned in the cases of the Carolena, Thornton and Onward are on the authority of U. S. Naval Commander Abbey (see 50th
Congress, 2nd Session, Senate Executive Documents N° 106, pp. 20,30,40). The distances assigned in the cases of the Anna Beck, W. P. Sayward, Dolphin and Grace are
on the authority of Captain Shepard U. S. R. M. {Blue Book, United States N° 2,
1890.—pp. 80-82.   See Appendix, vol. III).
—
Date of seizure.
ApproXim^eedistancefromland
vessel mak-
August 1,1886..
July  2,1887....
75 miles
to
70 miles
Corwin
Onward	
Favourite	
AnnaBeck	
^^vszrabout 8am6
„
Rush
Dol hin^
IZuZ:::.
40 miles
Rush
&™»
96 "■«"	
Rush.
August 25,1887 .  l^mUes.^.^..^..^.^„..^..
July 29,1889....
July 11,1889. ..
July 11,1889. ..
August 6,1889..
July 30,1889.  ..
August 13,1889.
July 15,1889. ..
March 27,1890..
eemXs^'
Rush.
^RJ?^fitsut
Black Diamond
66 mile                                                       R
Kate	
Ditto.
"   U6 :
(•) ITeah Bay is in the State of Washington, and the Pathfinder was seized thero on charges made
against her in the Behring Sea in the previous year.   She was released two days later.
And whereas the Government of Her Britannic Majesty did ask the
said Arbitrators to find the said facts as set forth in the said statement,
and whereas the Agent and Counsel for the United States Government
thereupon in our presence informed us that the said statement of facts
was sustained by the evidence, and that they had agreed with the
Agent and Counsel for Her Britannic Majesty that We, the Arbitrators, if we should think fit so to do might find the said statement of
facts to be true.
Now, We, the said Arbitrators, do unanimously find the facts as set
forth in the said statement to be true.
And whereas each and every question which has been considered by
the Tribunal has been determined by a majority of all the Arbitrators;
Now, We, Baron de Courcel, Lord Hannen, Mr. Justice Harlan, Sir
John Thompson, Senator Morgan, the Marquis Visconti Venosta and - FUR-SEAL  FISHERIES  IN  BERING  SEA. 23
Mr Gregers Gram, the respective minorities not withdrawing their
votes, do declare this to be the'final Decision and Award in writing of
this Tribunal in accordance with the Treaty.
Made in duplicate at Paris and signed by us the fifteenth day of
August in the year 1893.
And We do certify this English Version thereof to be true and
accurate.
Alph. de Courcel.
John M. Harlan.
John T. Morgan.
Hannen.
Jno S D Thompson.
Visconti Venosta.
G. Gram.
ACT OF CONGRESS, APPROVED APRDL 6, 1894.
Chapter 57. An act 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 twenty-
ninth, eighteen hundred and ninety-two, for the purpose of submitting
to arbitration certain questions concerning the preservation of the
fur seals.
Whereas the following articles of the award of. the Tribunal of Arbitration constituted under the treaty concluded at Washington the
twenty-ninth of February, eighteen hundred and ninety-two, between
the United States of America and Her Majesty the Queen of the United
Kingdom of Great Britain and Ireland were delivered to the agents of
the respective Governments on the fifteenth day of August, eighteen
hundred and ninety-three :
Article 1.
The governments of the United States and Great Britain shall forbid
their citizens and subjects, respectively, to kill, capture, or pursue at
any time, and in any manner whatever, the animals commonly called
fur seals, within a zone of sixty miles around the Pribilov Islands,
inclusive of the territorial waters.
The miles mentioned in the preceding paragraph are geographical
miles, of sixty to a degree of latitude.
Article 2.
The two Governments shall forbid their citizens and subjects, respectively, to kill, capture, or pursue, in any manner whatever, during the
season extending, each year, from the first of May to the thirty-first of
July, both inclusive, the fur seals on the high sea, in the part of the
Pacific Ocean, inclusive of the Bering Sea, which is situated to the 24 fur-seal fisheries in bering sea. .
north of the thirty-fifth degree of north latitude, and eastward of the one
hundred and eightieth degree of longitude from Greenwich till it strikes
the water boundary described in article one of the treaty of eighteen
hundred and sixty-seven between the United States and Bussia, and
following that line up to Berings Straits.
Article 3.
During the period of time and in the waters in which the fur-seal
fishing is allowed, only sailing vessels shall be permitted to carry on or
take part in fur-seal fishing operations. They will, however, be at liberty to avail themselves of the use of such canoes or undecked boats,
propelled by paddles, oars, or sails, as are in common use as fishing
boats.
Article 4.
Each sailing vessel authorized to fish for fur seals must be provided
with a special license issued for that purpose by its Government, and
shall be required to carry a distinguishing flag to be prescribed by its
Government.
Article 5.
The masters of the vessels engaged in fur-seal fishing shall enter
accurately in their official log book the date and place of each fur-seal
fishing operation, and also the number and "sex of the seals captured
upon each day. These entries shall be communicated by each of the
two Governments to the other at the end of each fishing season.
Article 6.
The use of nets, firearms, and explosives shall be forbidden in the fur-
seal fishing. This restriction shall not apply to shotguns when such
fishing takes place outside of Behring Sea, during the season when it
may be lawfully carried on.
Article 7.
The two Governments shall take measures to control the fitness of
the men authorized to engage in fur-seal fishing; these men shall have
been proved fit to handle with sufficient skill the weapons by means of
which this fishing may be carried on.
Article 8.
The regulations contained in the preceding articles shall not apply
to Indians dwelling on the coast of .the territory of the United States
or of Great Britain, and carrying on fur-seal fishing in canoes or undecked boats not transported by or used in connection with other vessels and propelled wholly by paddles, oars, or sails and manned by not
more than five persons each in the way hitherto practiced by the
Indians, provided such Indians are not in the employment of other
persons, and provided that when so hunting in canoes or undecked
^fiSi FUR-SEAL  FISHERIES  IN  BERING  SEA. 25
boats they shall not hunt fur seals outside of territorial waters under
contract for the delivery of the skins to any person.
This exemption shall not be construed to affect the municipal law of
either country, nor shall it extend to the waters of Behring Sea or the
waters of the Aleutian Passes.
Nothing herein contained is intended to interfere with the employment of Indians as hunters or otherwise in connection with fur sealing
vessels as heretofore.
Article 9.
The concurrent regulations hereby determined with a view to the
protection and preservation of the fur seals shall remain in force until
they have been, in whole or in part, abolished or modified by common
agreement between the Governments of the United States and of Great
Britain.
The said concurrent regulations shall be submitted every five years
to a new examination, so as to enable both interested Governments to
consider whether, in the light of past experience, there is occasion for
any modification thereof.
N~ow, therefore, be it enacted by the, Senate and House of Representatives
of the United States of America in Congress assembled, That no citizen
of the United States, or person owing the duty of obedience to the laws
or the treaties of the United States, nor any person belonging to or on
board of a vessel of the United States, shall kill, capture, or pursue, at
any time, or in any manner whatever, outside of territorial waters, any
. fur seal in the waters surrounding the Pribilov Islands within a zone
of sixty geographical miles (sixty to a degree of latitude) around said
islands, exclusive of the territorial waters.
Sec. 2. That no citizen of the United States, or person above described in section one of this act, nor any person belonging to or on
board of a vessel of the United States, shall kill, capture, or pursue,
in any manner whatever, during the season extending from the first day
of May to the thirty-first day of July, both inclusive, in each year, any
fur seal on the high seas outside of the zone mentioned in section one,
and in that part of the Pacific Ocean, including Behring 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 described in article one of
the treaty of eighteen hundred and sixty-seven, between the United
States and Bussia, and following that line up to Behring Straits.
Sec. 3. No citizen of the United States or person above described, in
the first section of this act, shall, during the period and in the waters
in which by section two of this act the killing of fur seals is not prohibited, use or employ any vessel, nor shall any vessel of the United
States be used or employed, in carrying on or taking part in fur-seal
fishing operations other than a sailing vessel propelled by sails exclusively, and such canoes or undecked boats, propelled by paddles, oars, 26 FUR-SEAL  FISHERIES  IN  BERING  SEA.
or sails as may belong to, and be used in connection with, such sailing
vessels; nor shall any sailing vessel carry on or take part in such operations without a special license obtained from the Government for that
purpose, and without carrying a distinctive flag prescribed by the Government for the same purpose.
Sec. 4. That every master of a vessel licensed under this act to
engage in fur seal fishing operations shall accurately enter into his
official log book the date and place of every such operation, and also
the number and sex of the seals captured each day; and on coming into
port, and before landing cargo, the master shall verify, on oath, such
official log book as containing a fuU and true statement of the number
and sex of seals captured; and for any false statement willfully made
by a person so licensed by the United States in this behalf he shall be
subject to the penalties of perjury; and any seal skins found in excess
of the statement in the official log book shall be forfeited to the United
States.
Sec. 5. That no person or vessel engaging in fur-seal fishing opera-
ations under this act shall use or employ in any such operations, any
net, firearm, airgun, or explosive : Provided, however, That this prohibition shall not apply to the use of shotguns in such operations outside
of Behring Sea during the season when the killing of fur seals is not
Sec. 6. That the foregoing sections of this act shall not apply to
or manned by more than five persons, in the manner heretofore practiced by the said Indians: Provided, however, That the exception made
in this section shall not apply to Indians in the employment of other
torial waters under contract to deliver the skins to other persons, nor
to the waters of Behring Sea or of the passes between the Aleutian
Islands.
Sec. 7. That the President shall have power to make regulations
respecting the special license and the distinctive flag mentioned in this
act and regulations otherwise suitable to secure the due execution of
the provisions of this act, and from time to time to add to, modify,
amend, or revoke such regulations as in his judgment may seem expedient.
Sec. 8. That, except in the case of a master making a false statement under oath in violation of the provisions of the fourth section of
this act, every person guilty of a violation of the provisions of this act,
or of the regulations made thereunder, shall for each offense be fined
not less than two hundred dollars, or imprisoned not more than six
months, or both; and all vessels, their tackle, apparel, furniture, and FUR-SEAL  FISHERIES  IN  BERING  SEA. 27
cargo, at any time used or employed in violation of this act, or of the
regulations made thereunder, shall be forfeited to the United States.
Sec. 9. That any violation of this act, or of the regulations made
thereunder, may be prosecuted either in the district court of Alaska
or in any district court of the United States in California, Oregon, or
Washington.
Sec. 10. That if any unlicensed vessel of the United States shall be
found within the waters to which this act applies, and at a time when
the killing of fur seals is by this act there prohibited, having on board
seal skins or bodies of seals, or apparatus or implements suitable for
killing or taking seals; or if any licensed vessel shall be found in the
waters to which this act applies, having on board apparatus or implements suitable for taking seals, but forbidden then and thereto be used,
it shall be presumed that the vessel in the one case and the apparatus
or implements in the other was or were used in violation of this act
until it is otherwise sufficiently proved.
Sec. 11. That it shall be the duty of the President to cause a sufficient naval force to cruise in the waters to which this act is applicable
to enforce its provisions, and it shall be the duty of the commanding
officer of any vessel belonging to the naval or revenue service of the
United States, when so instructed by the President, to seize and arrest
all vessels of the United States found by him to be engaged, used, or
.employed in the waters last aforesaid in violation of any of the prohibitions of this act, or of any regulations made thereunder, and to take the
same, with all persons on board thereof, to the most convenient port in
any district of the United States mentioned in this act, there to be dealt
'with according to law.
Sec. 12. That any vessel or citizen of the United States, or person
described in the first section of this act, offending against the prohibitions of this act or the regulations thereunder, may be seized and
detained by the naval or other duly commissioned officers of Her
Majesty the Queen of Great Britain, but when so seized and detained
they shall be delivered as soon as practicable, with any witnesses and
proofs on board, to any naval or revenue officer or other authorities of
the United States, whose courts alone shall have jurisdiction to try the
offense and impose the penalties for the same : Provided, however, That
British officers shall arrest and detain vessels and persons as in this
section specified only after, by appropriate legislation,. Great Britain
shall have authorized officers of the United States duly commissioned
and instructed by the President to that end to arrest, detain, and
deUver to the authorities of Great Britain vessels and subjects of that
Government offending against any statutes or regulations of Great
Britain enacted or made to enforce the award of the treaty mentioned
in the title of this act.
Approved, April 6,1894. 28 FUR-SEAL  FISHERIES  IN  BERING  SEA.
SEAI riSHERTES.
By the President of the United States of America.
A PEOCLAMATION.
Whereas an Act of Congress entitled "An Act 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 questions concerning the preservation of the fur-seals" was
approved April 6,1894, and reads as follows :
Whereas the following articles of the award of the Tribunal of Arbitration constituted under the treaty concluded at Washington the twenty-ninth of February,
eighteen hundred and ninety-two, between the United States of America and Her
Majesty the Queen of the United'Kingdom of Great Britain and Ireland were delivered to the agents of the respective governments on the fifteenth day of August,
and subjects respectively to kill, capture, or pu
whatever, the animals commonly called fur seals
the Pribilov Islands, inclusive of the territorial
The miles mentioned in the preceding paragri
to a degree of latitude.
from the first of M
high sea, in the pao
to the north of tl
Hit
strike
8 the w
iter
idred and
sixty-se
ven
upt
o Berings Straits.
seal!
shin
' is allot
fed,
art i
afur-
seal fisl
mg
veso
f the
use of s
uoh
d in article one of the treaty of eighteen 1
d States and Russia, and following that li
During the period of time and in the waters in whiol
only sailing vessels shall be permitted to carry on o:
operations.   They will however be at liberty to avail
canoes or undecked boats, propelled by paddles, oars, or sails, as are in common use
as fishing boats.
Article 4.
Each sailing vessel authorized to fish for fur seals must be provided with a special
license issned for that purpose by its Government, and shall be required to carry a
distinguishing flag to be prescribed by its Government.
The masters of the vessels engaged in fur-seal fishing shall enter accurately In their
official log book the date and place of each fur-seal fishing operation, and also the
n umber and sex of the seals captured upon each day. These entries shall be comi
cated by each of the two governments to the other at the end of each fishing s< FUR-SEAL  FISHERIES  IN  BERING  SEA.
The use of nets, firearms and explosives shall be forbidden in the fur-seal fishing.
This restriction shall not apply to shotguns when such fishing takes place outside of
Behring Sea, during the season when it may be lawfully carried on.
;s shall take measures to control the fitness of the men authorized to engage in far-seal fishing; these men shall have been proved fit to handle
with sufficient skill the weapons by means of which this fishing may be carried on.
Article 8.
The regulations contained in the preceding articles shall not apply to Indians
dwelling on the coast of cho territory of the United States or of Great Britain, and
carrying on fur-seal fishing in canoes or undecked boats not transported by or used
in connection with other vessels and propelled wholly by paddles, oars or sails and
manned by not more than five persons each in the way hitherto practiced by the
Indians, prpvided such Indians are not in the employment of other persons and
provided that, when so hunting in canoes or undecked boats, they shall not hunt
fur seals-outside of territorial waters' under contract for the delivery of the skins
to any person.
This exemption shall not be construed to affect the :
try, nor shall it extend to the waters of Behring Sea
Passes.
Nothing herein contained is intended to interfere with the employment of Indians
as hunters or otherwise in connection with fur sealing vessels as heretofore.
Article 9.
The concurrent regulations hereby determined with a view to the protection and
preservation-of the fur seals, shall remain in force until they have been, in whole or
in part, abolished or modified by common agreement between the governments of
the United States and of Great Britain.
regulations shall be submitted every five years to a new
o enable both interested governments to consider whether, in the
light of past experience, there is occasion for any modification thereof.
Note therefore, oe it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That no citizen of the United States, or person owing the duty of obedience to the laws or the treaties of the United States, nor
any person belonging to or on board of a vessel of the United States, shall kill, capture, or pursue, at any time, or in any manner whatever, outside of territorial waters,
any fur seal in the waters surrounding the Pribilov Islands within a zone of sixty
geographical miles (sixty to a degree of latitude) around said islands, exclusive of
the territorial waters.
Sec. 2. That no citizen of the United States, or person above described in section
one of this act, nor any person belonging to or on board of a vessel of the United
States, shall kill, capture, or pursue, in any manner whatever, during the season
extending from the first day of May to the thirty-first day of July, both inclusive, in
each year, any fur seal on the high seas outside of the zone mentioned in section one,
and in that part of the Pacific Ocean, including Behring Stea, 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
described in article one of the treaty of eighteen hundred and sixty-seven, between
the United States and Russia, and following that line up to Behring Straits.
Sec. 3. No citizen of the United States orperson above described, in the first section of this Act, shall, during the period and in the waters in which by section two If
FUR-SEAL  FISHERIES  IN  BERING  SEA.
on the coast of the United Sta
propelled wholly by'paddles,
nection with other vessels, or
tofore practiced by the said li
than six months, or both; and all vessels, their tackle, apparel, furniture, and cargo
at any time used or employed in violation of this Act, or of the regulations made
thereunder, shall be forfeited to the United States.
Sec. 9. That any violation of this Act, or of the regulations made thereunder, may
be prosecuted either in the district court of Alaska or in any district court of the
United States in California, Oregon, or Washington.
Sec. 10. That if any unlicensed vessel of the United States shall be found within
the waters to which this Act applies, and at a time when the killing of fur seals is
by this Act there prohibited, having on board seal skins or bodies of seals or apparatus or implements suitable for killing or taking seals ; or if any licensed vessel shall
be fount! in the waters to which this Act applies, having on board apparatus or implements suitable for taking seals, but forbidden then and there to be used it shall be
other was or were used in violation of this Act until it is otherwise sufficiently FUR-SEAL  FISHERIES  IN  BERING  SEA. 31
Sec. 11. That it shall be the duty of the President to cause a sufficient naval force
to cruise in the waters to which this Act is applicable to enforce its provisions, and
it shall be the duty of the commanding oflicer of any vessel belonging to the naval
or revenue service of the United States, when so instructed by the President, to seize
and arrest all vessels of the United States found by him to be engaged, used, or
employed in the waters last aforesaid in violation of any of the prohibitions of this
Act, or of any regulations made thereunder, and to take the same, with all persons
on board thereof, to the most convenient port in any district of the United States
mentioned in this Act, there to be dealt with according to law.
Sec. 12. That any vessel or citizen of the United States, or person described in the
first section of this Act, offending against the prohibitions of this Act or the regulations thereunder, may be seized and detained by the naval or other duly commissioned officers of Her Majesty the Queen of Great Britain, but when so seized and
detained they shall be delivered as soon as practicable, with any witnesses and
proofs on board, to any naval or revenue officer or other authorities of the United
States, whose courts alone shall have jurisdiction to try the offense and impose the
-penalties for the same : Provided, however, That British officers shall arrest and detain
vessels and persons as in this section specified only after, by appropriate legislation,
Great Britain shall have authorized officers of the United States duly commissioned
Kind instructed by the President to that end to arrest, detain, and deliver to the
authorities of Great Britain vessels and subj ects of that Government offending against
any statutes or regulations of Great Britain enacted or made to enforce the award of
the treaty mentioned in the title of this Act.
Approved, April 6, 1894.
Now Therefore, Be it Known that I, Grover Cleveland, President of
the United States of America, have caused the said Act specially to.
be proclaimed to the end that its provisions may be known and
observed; and I hereby proclaim that every person guilty of a violation
of the provisions of said Act will be arrested and punished as therein
provided; and all vessels so employed, their tackle, apparel, furniture
and cargo, will be seized and forfeited.
In testimony whereof I have hereunto set my hand and caused the
Seal of the United States to be affixed.
Done at the City of Washington this 9th day of April in the year of
our Lord One thousand eight hundred and ninety-four, and of
[seal.]   the Independence of the United States the One hundred and
eighteenth.
Grover Cleveland.
By the President :
W. Q. Gresham,
Secretary of State.
[Public—No. 54.]
AN ACT To amend section one of an Act approved April sixth, eighteen hundred
and ninety-four, entitled "An Act 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 twenty-ninth, eighteen hundred and ninety-two, for the purpose of submitting to arbitration certain questions concerning the preservation of the fur seals."
I   Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That section one of the Act 32 FUR-SEAL  FISHERIES  IN  BERING  SEA.
entitled "An Act to give effect to the award rendered by the Tribunal
oi Arbitration, at Paris, under the treaty between the United States
and Great Britain concluded at Washington, February twenty-ninth,
eighteen hundred and ninety-two, for the purpose of .submitting to
arbitration certain questions concerning the preservation of the fur
seals," approved April sixth, eighteen hundred and ninety-four, be
amended by striking out the word "exclusive" where it occurs in said
section one and inserting the word "inclusive," so that said section
will read: That no citizen of the United States, or person owing the
duty of obedience to the laws or the treaties of the United States, nor
any person belonging to or on board of a vessel of the United States,
shall kill, capture, or pursue, at any time, or in any manner whatever,
outside of territorial waters, any fur seal in the waters surrounding the
Pribilov Islands within a zone of sixty geographical miles (sixty to a
degree of latitude) around said islands, inclusive of the territorial
waters.
Approved, April 24,1894.
[Publio-No. 76.]
AN ACT Supplementary to an Act approved April sixth, eighteen hundred and
ninety-four, for the execution of the award rendered at Paris, August fifteenth,
eighteen hundred and ninety-three, by the Tribunal of Arbitration constituted
under the treaty between the United States and Great Britain, concluded at Washington, February twenty-ninth, eighteen hundred and ninety-two, in relation to
the preservation of the fur seal.
Whereas by the seventh article of the treaty between the United
States and Great Britain, concluded at Washington, February twenty-
ninth, eighteen hundred and ninety-two, in relation to the preservation
of the fur seal, the high contracting parties agree to co-operate in
securing the adhesion of other powers to such regulations as the arbitrators under said treaty might determine upon for that purpose; and
Whereas by an Act of Congress approved April sixth, eighteen hundred and ninety-four, provision has been made by the United States
for the execution of the regulations so determined upon and for the
punishment of any infractions of said regulations : Therefore,
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the procedure and penalties provided by said Act, in case of the violation of the provisions of
said regulations, are hereby made applicable to and shall be enforced
against any citizen of the United States, or person owing the duty of
obedience to the laws or the treaties of the United States, or person
belonging to or on board of a vessel of the United States who shall kill,
capture, or pursue, at any time or in any manner whatever, as well as
to and against any vessel of the United States used or employed in
killing, capturing, or pursuing, at anytime or in any manner whatever, FUR-SEAL  FISHERIES  IN  BERING 6EA. 33
any fur seal or other marine fur-bearing animal, in violation of the provisions of any treaty or convention into which the United States may
have entered or may hereafter enter with any other power for the purpose of protecting fur seals or other marine fur-bearing animals, or in
violation of any regulations which the President may make for the due
execution of such treaty or convention.
Approved, June 5,1894.
RULES AND REGULATIONS PRESCRIBED UNDER THE PROVISIONS OF THE ACT OF
I CONGRESS APPROVED APRLL 6, 1894, FOR THE GOVERNMENT OF UNITED STATES
VESSELS EMPLOYED LN FUR-SEAL FISHING DURING THE SEASON OF 1896.
Article 2.
I Before the issuance of the special license required by the fourth article of the
award of the Tribunal of Arbitration, the master of any sailing vessel proposing to
iengage in the fur-seal fishery shall produce satisfactory evidence to the officer to
grtiom application is made that the hunters employed by him are competent to use
with sufficient skill the weapons by means of which this fishing may be carried on.
Article 3.
I Every sealing vessel provided with special license shall show, under her national
ensign, a flag not less than four feet square, composed of two 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
it above the deck, and t<
In order to protect from unnecessary interference sealing vessels found within the
area of the award during the closed season (that is to say, between April 30 and
August 1), but which have not violated the law, any sealing vessel intending to traverse the area of the award during said closed season, on her way to her home or
other port, or to or from the sealing grounds, or for any other legitimate purpose,
may, on the application of the master, have her sealing outfit, including guns and
ammunition, secured under seal, and an entry thereof made on her log book. Such
sealing up and entry shall be a protection to the vessel against seizure during the
closed season by any cruiser, so long as the seals so affixed shall remain unbroken,
unless there shall be evidence of violation of the articles of the award and said act
of Congress of April 6, 1894, notwithstanding.
Article 5.
Such sealing up and entry may be effected in port or at sea by any naval, consular,
â customs officer of the United States, and at sea also by the commander of a British
cruiser. An officer will be stationed at the island of Attn for this purpoae from July
^St to August 25th.
J456S——3 34
FUR-SEAL   FISHERIES  IN  BERING  SEA.
The officer effecting the sealing up shall mak<
tifying the fact and stating in detail tho number
implements, the amount and kind of ammuniti
seals and seal skins on board.
Article 6.
,nd kind of gnns and other sealing
i, and the number and sex of the
All sealing \
) Bering Sea for the fur-seal fi
bhin the award area in said sea
stationed at Attou Island, or to
>s of article 4 of these rules and regt
t thereof on the log book of said v
uns and other sealing implements, t
Any sailing vessel of the Un
ing upon application to the c
States or to the United States
with the requirements of thei
The masters of all v
within or without th(
of their catch at the .
filew
required to be kept by sectio:
furnish under oath the inform
shall be duly filled out and fil
required by said act may be o
The foregoing regulations a:
Approved:
intended to apply only to the season of 1896.
FORM OF SPECIAL LICENSE.
VESSEL—LICENSE FUR-SEAL FISHERIES  IN  BERING  SEA. 35
In pursuance of an act of Congress approved April 6,1894,	
 , master of the sailing vessel , having furnished satisfactory
evidence that the hunters to be employed on board said vessel in taking
fur seal in the North Pacific Ocean and Bering Sea are competent to use
the weapons for that purpose as provided in article 7 of the award of
the Tribunal of Arbitration at Paris, license is hereby granted for the
said sailing vessel, called the , to be employed in carrying on fur-
seal fishing from August 1, 18—, to April 30, #18—, both inclusive,
during the period of time, in the manner, and "in the waters in which
fur-seal fishing is allowed by said award and act.
Attention is specially called to the rules and regulations, hereto attached, and to
Circular No. 75, of 1895, which prescribes infermation to be given .the collector of customs on entry. Copies of said circular and also of the log book, required under
section 4, act of April 6, 1894, may be prooured, on application, from any collector of
customs, any United States consular officer in Japan, or any officer of the patrolling
fleet designated by the President to patrol the award area.
Any violation of the articles of said award, of said rules and regulations, or of
said -act of Congress shall be punished by revocation of this license and by the
further penalties prescribed in said act.
Given under my hand and seal at the port of , in the District
of , this day of , in the year one thousand eight hundred and .
Collector of Customs.
fur-seal fisheries.
By the President of the United States of America.
A PBOCLAMATION.     .
The following provisions of the laws of the United States are published hereby for the information of all concerned :
Section 1956, Bevised Statutes, chapter 3, Title XXIII, enacts that—
No person shall kill any otter, mink, marten, sable, or fur seal, or other fur-bearing animal within the limits of Alaska Territory, or in the waters thereof; and every
person guilty thereof shall, for each offense, be fined not less than two hundred nor
more than one thousand dollars, or imprisoned not more than six months, or both;
and all vessels, their tackle, apparel, furniture, and cargo, found engaged in violation of this section shall be forfeited; but the Secretary of the Treasury shall have
power to authorize the killing of any such mink, marten, sable, or other fur-bearing
animal, except fur seals, under such regulations as he may prescribe ; and it shall be
the duty of the Secretary to prevent the killing of any fur seal, and to provide for
the execution of the provisions of this section until it is otherwise provided bylaw;
nor shall he grant any special privileges under this section.
Section 3 of the act entitled "An act to provide for the protection of
the salmon fisheries of Alaska," approved March 2,1889, provides :
Sec. 3. That section nineteen hundred and fifty-six of the Revised Statutes of the
United States is hereby declared to include and apply to all the dominion of the
United States in the wafers of Bering Sea ; and it shall be the duty of the President, 36 FUR-SEAL  FISHERIES  IN  BERING  SEA.
published for one month in at least one newspaper, if any such there be published, at
each United States port of entry on the Pacific Coast, warning all persons against
entering said waters for the purpose of violating the provisions of said section; and
he shall also cause one or more vessels of the United States to diligently cruise said
waters and arrest all persons, and seize all vessels found to be, or to have been,
engaged in any violation of the laws of the United States therein.
The act entitled "An act to extend to the North Pacific Ocean the
provisions of the statutes for the protection of the fur seals and other
fur-bearing animals," approved February 21,1893, provides:
That whenever the Government of the United States shall conclude an effective
by agreement with any power, or as a result of the decision of the Tribunal of Arbitration under the convention concluded between the United States and Great Britain
extended to and over all that portion of the Pacifio Ocean included in such international arrangement. Whenever an effective international arrangement is concluded as aforesaid, it shall be the duty of the President to declare that fact by
of said laws for the protection of fur seals or other fur-bearing animals, all violations thereof in said designated portion of the Pacific Ocean shall be held to be the
same as if committed within the limits of Alaska or in the waters thereof, but they
may be prosecuted either in the district court of Alaska or in any district court of
the United States in California, Oregon, or Washington.
An arrangement having been made for the protection of fur seals, as
a result of the decision of the Tribunal of Arbitration under the convention concluded as aforesaid, February 29,1892, which prohibits the
killing of seals at any time within a radius of sixty miles around the
Pribilof Islands, or during May, June, and July of each year, in that
portion of the Pacific Ocean, inclusive of Bering Sea, situated to the
north of the 35th degree'of north latitude, and eastward of the 180th
degree of longitude from Greenwich until it strikes the water boundary described in article one of the treaty of 1867 between the United
States and Bussia, and following that line up to Bering Straits :
Now, therefore, be it known that I, Grover Cleveland, President
of the United States of America, hereby declare that the said act of
Congress of February 21,1893, has become operative; that, in accordance therewith, section 1956 of the Bevised Statutes is applicable to
the waters above mentioned, included in the award of the Tribunal at
Paris given under the said convention of February 29,1892, and that
I have caused the foregoing laws specially to be proclaimed to the end
that their provisions may be known and observed.
J hereby proclaim that every person guilty of a violation of the pro- FUR-SEAL  FISHERIES  IN  BERING  SEA. 37
visions of said laws and of any other provisions of the statutes of the
United States so far as the same may be applicable relative to the protection of fur-bearing animals within the limits of Alaska or in the
waters thereof, will be arrested and punished as therein provided, and
all vessels so engaged, their tackle, apparel, furniture, and cargo, will
be seized and forfeited.
In testimony whereof I have hereunto set my hand and caused the
seal of the United States to be affixed.
Done at the city of Washington this fourteenth day of April, in the
year of our Lord one thousand eight hundred and ninety-six, and of
the Independence of the United States the one hundred and twentieth.
[seal.] Grover Cleveland.
By the President:
Bichard Olney,
Secretary of State.
ACTS OF PARLIAMENT AND ORDERS IN COUNCIL.
SEAL FISHING (BEHRING'S SEA) ACT 1891.
PUBLIC GENERAL STATUTES, VOL. XXVIH, 1891, LTV, LV. VIC.
Chapter 19.—An act to enable Her Majesty, by order in Council, to make special
provision for prohibiting the catching of seals in Behring's Sea by Her Majesty's
subjects during the period named in the order.    (11th June, 1891.)
Be it enacted by the Queen's most excellent Majesty, by and with the
|,adviceand consent of the Lords Spiritual and Temporal and Commons,
in this present Parliament assembled, and by the authority of the same,
I as follows:
1. (1) Her Majesty the Queen may, by order in council, prohibit the
catching of seals by British ships in Behring's Sea, or such part thereof
as is defined by the said order, during the period limited by the order.
(2) While an order in council under this act is in force—
(a) A person belonging to a British ship shall not kill, or take, or
hunt, or attempt to kill or take, any seal within Behring's Sea during
the period limited by the order; and
(b) A British ship shall not, nor shall any of the equipment or crew
thereof, be. used or employed in such killing, taking, hunting, or attempt.
(3) If there is any contravention of this act, any person committing,
procuring, aiding, or abetting such contravention shall be guilty of a
misdemeanor within the meaning of the merchant shipping act, 1854,
and the ship and her equipment and everything on board thereof shall
be forfeited to Eer Majesty as if an offence had been committed under
section one hundred and three of the said act, and the provisions of
sections one hundred and three and one hundred and four, and part ten
of the said act (which are set out in the schedule to this act) shall apply 38 FUR-SEAL  FISHERIES  IN  BERING  SEA.
as if they were herein re-enacted, and in terms made applicable to an
offence and forfeiture under this act.  .
(4) Any commissioned officer on full pay in the naval service of Her
Majesty shall have power, during the period limited by the order, to
stop and examine any British ship in Behring's Sea, and to detain her
or any portion of her equipment, or any of her crew, if, in his judgment, the ship is being or is preparing to be used or employed in
contravention of this section.
(5) If a British ship is found within Behring's Sea 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.
2. (1) Her Majesty, the Queen, in Council, may make, revoke, and
alter orders for the purposes of this act, and every such order shall be
forthwith laid before both Houses of Parliament and published in the
London Gazette.
(2) Any such order may contain any limitations, conditions, qualifications, and exceptions which appear to Her Majesty in Council expedient for carrying into effect the object of this act.
3. (1) This act shall apply to the animal known as the fur seal, and
to any marine animal specified in that behalf by an order in council
under this act, and the expression "seal" in this act shall be construed
accordingly.
(2) The expression "Behring's Sea" in this act means the seas known
as Behring's Sea within the limits described in an order under this act.
(3) The expression "equipment" in this act includes any boat, tackle,
fishing or shooting instruments, and other things belonging to the ship.
(4) This act may be cited as the seal fishery (Behring's Sea) act, 1891.
(Here follow schedules same as those in Behring Sea award act, 1894.)
SEAL FISHING (BEHRING'S SEA) ORDER IN COUNCIL 1891.
AT THE COURT AT WINDSOR, THE 23ED DAY OF JUNE, 1891.
Present, the Queen's Most Excellent Majesty, Lord President, Marquess of Salisbury, Earl of Limerick, Lord Arthur Hill.
Whereas by the seal fishery (Behring's Sea)- act, 1891, it is enacted
that Her Majesty the Queen may by order in council prohibit the
catching of seals by British ships in Behring's Sea, or such part thereof
as is defined by the said order, during the period limited by the order;
And whereas the expression " Behring's Sea" in the said act means
the seas known as Behring's Sea within the limits described in an order
under the said act :
Now, therefore, Her Majesty, in virtue of the powers vested in her by
the said recited act, by and with the advice of Her Privy Council, is
hereby pleased to order, and it is hereby ordered, as follows :
1. This order may be cited as the seal fishery (Behring's Sea) order
in council, 1891. FUR-SEAL  FISHERIES  IN  BERING  SEA. 39
2. From and after the 24th day of June, 1891, until the 1st day of
May, 1892, the catching of seals by British ships in Behring's Sea, as
hereinafter defined, is hereby prohibited.
3. For the purposes of the said recited act and of this order the
expression "Behring's Sea" means so much of that part of the Pacific
Ocean known as Behring's Sea as lies between the parallel of 65° 30'
north latitude and the chain of the Aleutian Islands, and eastward of
the following line of demarcation, that is to say, a line commencing at
a point in Behring's Straits on the said 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 Batmanoff or
Noonarbook, and proceeding thence in a course nearly southwest
through Behring's Straits and the seas known as Behring's 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
172° west longitude; thence from the intersection of that meridian in a
southwesterly direction, so as to pass midway between the island of
• Attou and the Copper Island of the Kormandorski couplet or group in
the North Pacific Ocean, to the meridian of 193° west longitude.   .
C. L. Peel.
~l
SEAL FISHING (BEHRING'S SEA) ORDER IN COUNCIL 1892.
AT THE COURT AT WINDSOR, THE 9TH DAY OF MAY, 1892.
Present, the Queen's Most Excellent Majesty, Lord President, Lord
Steward, Earl of Tarborough, Sir Walter Barttelot, Bart., Mr. Forwood.
Whereas by the seal fishery (Behring's Sea) act, 1891, it is enacted
that Her Majesty the Queen may by order in council prohibit the catching of seals by British ships in Behring's Sea, or such part thereof as is
defined by the said order, during the period limited by the order;
And whereas the expression "Behring's Sea" in the said act means
the seas known as Behring's Sea within the limits described in an order
under the said act;
And whereas an order in council was issued on the 23rd day of June,
1891, prohibiting the catching of seals by British ships in Behring's
Sea, as therein defined, until the 1st day of May, 1892 :
Now, therefore, Her Majesty, in virtue of the powers vested in her
by the said recited act, by and with the advice of Her Privy Council,
• is hereby pleased to order, and it is hereby ordered, as follows :
1. This order may be cited as the seal fishery (Behring's Sea) order
in council, 1892.
2. From and after the date of the present order until the 1st day of
May, 1893, the catching of seals by British ships in Behring's Sea as
hereinafter defined is hereby prohibited.
3. For the purposes of the said recited act and of this order the expression "Behring's Sea" means so much of that part of the Pacific Ocean
known as Behring's Sea as lies between the parallel of 65° 30' north 40    . FUR-SEAL  FISHERIES  IN  BERING  SEA.
latitude and the chain of the Aleutian Islands, and eastward of the
following line of demarcation, that is to say, a line commencing at a
point in Behring's Straits on the said 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 Batmanoff or
Noonarbook; and proceeding thence in a course nearly southwest
through Behring's Straits and the seas known as Behring's 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
172° west longitude; thence from the intersection of that meridian in a
southwesterly direction, so as to pass midway between the island of
Attou and the Copper Island of the Kormandorski couplet or group in
tho North Pacific Ocean to the meridian of 193° west longitude.
Herbert M. Suft.
SEAL FISHING (BEHRING'S SEA) ORDER IN COUNCIL 1893.
AT THE COURT AT WmDSOR, THE 16TH DAY OF MAY, 1893.
Present, the Queen's Most Excellent Majesty, Lord President, Marquess of Bipon, Mr. Secretary Asquith.
Whereas by "the seal fishery (Behring's Sea) act 1891," it is enacted
that Her Majesty the Queen may by order in council prohibit the catching of seals by British ships in Behring's Sea or such part thereof as is
defined by the said order during the period limited by the order:
And whereas the expression "Behring's Sea" m the said act means
the seas known as Behring's Sea within the limits described in an order
under the said act:
And whereas an order in council was issued on the twenty-third day
of June, one thousand eight hundred and ninety-one, prohibiting the
catching of seals by British ships in Behring's Sea, as therein defined
until the first day of May, one thousand eight hundred and ninety-two :
And whereas a further order in council was issued on the ninth day of
May, one thousand eight hundred and ninety-two, prohibiting the catching of seals by British ships in Behring's Sea, as therein defined, until
the first day of May, one thousand eight hundred and ninety-three.
Now, therefore, Her Majesty, in virtue of the powers vested in her
by the said recited act by and with the advice of Her Privy Council is
hereby pleased to order, and it is hereby ordered, as follows:
1. This order may be cited as the seal fishery (Behring's Sea} order
in council, 1893. ;
2. From and after the date of the present order until the first day
of May, one thousand eight hundred and ninety-four, unless Her
Majesty in council shall otherwise direct, the catching of seals by
British ships in Behring's Sea as hereinafter defined is hereby
prohibited. FUR-SEAL  FISHERIES  IN  BERING  SEA. 41
3. For the purposes of the said recited act and of this order the
expression "Behring's Sea" means so much of that part of the Pacific
Ocean known as Behring's Sea as lies between the parallel of 65° 30'
north latitude and the chain of the Aleutian Islands, and eastward of
the following line of demarcation—that is to say, a line commencing at '
a point in Behring's Straits on the said parallel of 65° 30' north latitude, at its intersection by the meridian which passes midway between
the islands of Krusensterh or Ignalook and the island of Batmanoff or
Noonarbook, and proceeding thence in a course nearly southwest
through Behring's Straits and the seas known as Behring's Sea so as to
pass midway between the northwest point of the island of Saint Lawrence and the southeast point of Cape Choukotski to the meridian of
172° west longitude; thence from the intersection of that meridian in a
southwesterly direction so as to pass midway between the island oi
Attou and the Copper Island of the Kormandorski couplet or group in
the North Pacific Ocean to the meridian of 193° west longitude.
C. L. Peel.
(56 VICT.)    SEAL FISHERY (NORTH PACIFIC) ACT, 1893.    (CHAP. 23.)
Chapter 23.—An act to provide for prohibiting the catching of seals at certain
periods in Behring's Sea and other parts of the Pacific Ocean adjacent to Behring's
Sea.    (June 29,1893.)
Whereas it is expedient to extend the seal fishery (Behring's Sea)
act, 1891, to other waters of the North Pacific Ocean adjacent to
I Behring's Sea, and for that purpose to repeal and reenact that act:
Be it therefore enacted by the Queen's most Excellent Majesty, by
and with the advice and consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the au-
I thority of the same, as follows :
1. (1) Her Majesty, the Queen, may, by order in council, prohibit
during the period specified by the order, the catching of seals by Brit-,
ish ships in such parts of the seas to which this act applies as are
specified by the order.
I   (2) While an order in council under this act is in force—
(a) A person belonging to a British ship shall not kill, take, or hunt,
or attempt to kill or take, any seal during the period and within the
I seas specified by the order; and
(b) A British'ship shall not, nor shall any of the equipment or crew
. thereof, be used or employed in such killing, taking, hunting, or attempt.
(3) If there is any contravention of this act, any person committing,
procuring, aiding, or abetting such contravention shalf be guilty of a
misdemeanor within the meaning of the merchant shipping act, 1854,
and the ship and her equipment, and everything on board thereof, shall
be forfeited to Her Majesty as if an offence had been committed under
section one hundred and three of the said act, and the provisions of 42 FUR-SEAL  FISHERIES  IN  BERING  SEA.
sections one hundred and three and one hundred and four, and part ten
of the said act, and of section thirty-four of the merchant shipping act,
1876 (which are set out in the schedule to this act), shall apply as if
they were herein reenacted and in terms made applicable to an offence
and forfeiture under this act, and any commissioned officer on full pay
in the naval service of Her Majesty the Queen may seize the ship's certificate of registry.
(4) Any commissioned officer on full pay in the naval service of Her
Majesty the Queen shall have power, during the period and in the seas
specified by the order, to stop and examine any British ship, and to
detain her, or any portion of her equipment, or any of her crew, if in
his judgment the ship is being or is preparing to be used or employed
in contravention of this section.
an order in council under this act may provide that such officers of
that State as are specified in the order may exercise the like powers
under this act as may be exercised by such a commissioned officer
as aforesaid in relation to a British ship, and the equipment and crew
and certificate thereof, and that such British officers as are specified
in the order may exercise, with the necessary modifications, the powers
conferred by this act in relation to a ship of the said foreign State, and
the equipment and crew and papers thereof.
(6) 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 con-
where there is a British court having authority to adjudicate in the
matter, and if this direction is not complied with the owner and master of the ship shall, without prejudice to any other liaoility, each be
liable to a fine not exceeding one hundred pounds.
(2) Where in pursuance of this section a provisional certificate is
given to a ship or the ship's certificate is indorsed, any British officer
of customs or British consular officer may detain the ship until satisfactory security is given for her appearance in any legal proceedings '
which may be taken against her in pursuance of this act.
3. (1) A statement in writing, purporting to be signed by an officer
having power in pursuance of this act to stop and examine a ship, as
to the circumstances under which or grounds on which he stopped and
examined the ship, shall be admissible in any proceedings, civil or
criminal, as evidence of the facts or matters therein stated. FUR-SEAL  FISHERIES  IN  BERING  SEA. 43
(2) If evidence contained in any such statement was taken on oath
in the presence of the person charged in the evidence, and that person
had an opportunity of cross-examining the person giving the evidence
and of making his reply to the evidence, the officer making the statement may certify that the evidence was so taken and that there was
such opportunity, as aforesaid.
4. (1) Her Majesty the Queen, in council, may make, revoke, and
alter orders for the purpose of this act, and every such order shall be
forthwith laid before both Houses of Parliament and published in the
London Gazette.
(2) Any such order may contain any limitations, conditions, qualifications, and exceptions which appear to Her Majesty in council expedient for carrying into effect the object of this act.
5. (1) This act shall apply to the animal known as the fur seal, and
to any marine animal specified in that behalf by an order in council
under this act, and the expression "seal" in this act shall be construed
accordingly.
(2) This act shall apply to the seas within that part of the Pacific
Ocean known Behring's Sea, and within such other parts of the Pacific Ocean as are north of the forty-second parallel of (north) latitude.
(3) The expression | equipment" in this act includes any boat, tackle,
fishing or shooting instruments, and other things belonging to a ship.
(4) This act maybe cited as the seal fishery (North Pacific) act, 1893.
(5) The seal fishery (Behring's Sea) act, 1891, is hereby repealed, but
any order in council in force under that'act shall continue as if it had
been made in pursuance of this act.
(6) This act shall be and remain in force until the first day of July,
1895.
Under section 1 of the foregoing act an imperial order in council
SEAL FISHING (NORTH PACIFIC) ORDER IN COUNCIL 1893.
AT THE COURT AT WINDSOR, THE 4TH DAY OF JULY, 1893.
I     Present, the Queen's Most Excellent Majesty, Lord President, Lord
Steward, Lord Kensington, Lord Vivian.
Whereas by "the seal fishery (North Pacific) act, 1893," it is enacted
; that Her Majesty the Queen may by order in council prohibit, during
; the period specified by the order, the catching of seals by British ships in
■; such parts of the seas to which that act applies as are specified by the
* order; and that for carrying into effect an arrangement with any foreign
State an order in council may provide that such officers of that State
: as are specified in the order may exercise the like powers under the act
A as may be exercised by a commissioned officer on full pay in the naval
service of Her Majesty in relation to a British ship, and the equipment
and crew and certificate thereof; and that any such order may contain r
44 FUR-SEAL   FISHERIES  IN  BERING  SEA.
any limitations, conditions, qualifications, and exceptions which appear
to Her Majesty in council expedient for carrying into effect the object
of the said act;
And whereas the said act applies to the seas within that part of the
Pacific Ocean known as Behring's Sea, and within such other parts of
the North Pacific Ocean as are north of the Forty-second parallel
of north latitude;
And whereas an arrangement has been made between Her Majesty
the Queen and His Imperial Majesty the Emperor of Bussia, whereby
British ships engaged in hunting seals within such parts of the said
seas as are hereinafter specified may be be seized by Bussian cruizers :
Now, therefore, Her Majesty, in virtue of the powers vested in her
by the said recited act, and of all other powers enabling her in that
behalf, is hereby pleased, by and with the advice of Her Privy Council,
to order, and it is hereby ordered, as follows :
1. From and after the fourth day of July, one thousand eight hundred and ninety-three, until the first day of January, one thousand
eight hundred and ninety-four, the catching of seals by British ships is
hereby prohibited within such parts of the seas to which the recited act
applies as are comprised within the following zones, that is to say: (1)
a zone of 10 marine miles on all the Bussian coasts of Behring Sea and
the North Pacific Ocean, and (2) a zone of 30 marine miles round the
Komandorsky Islands and Tulénew (Bobben Island).
2. The powers which, under the recited act, maybe exercised by any
commissioned officer on full pay in the naval service of Her Majesty
may be exercised by the captain or other officer in command of any
war vessel of His Imperial Majesty the Emperor of- Bussia in relation
to a British ship, and the equipment and crew and certificate thereof.
3. This order may be cited as "the seal fishery (North Pacific)'order
in council, 1893."
O. L. Peel.
SEAL FISHING (NORTH PACIFIC) ORDER IN COUNCIL 1894.
Present, the Queen's Most Excellent Majesty, Lord Steward, Sir
William Vernon Harcourt, Sir Henry Ponsonby, Sir John Cowell,
Sir Philip Currie.
Whereas by " the seal-fishery (North Pacific) act, 1893," it is enacted
that Her Majesty the Queen may, by order in council, prohibit, during
the period specified by the order, the catching of seals by British ships'
in such parts of the seas to which that act applies as are specified by
the order; and that for carrying into effect an arrangement with
any foreign State, an order in council may provide that such officers of
that State as are specified in the order may exercise the like powers
under the act as may be exerôised by a commissioned officer on full FUR-SEAL  FISHERIES  IN  BERING  SEA. 45
pay in the naval service of Her Majesty in relation to a British ship
and the equipment and crew and certificate thereof; and that any such
order may contain any limitations, conditions, qualifications, and
exceptions which appear to Her Majesty in Council expedient for carrying into effect the object of the said act;
And whereas the said act applies to the seas within that part of tho
Pacific Ocean known as Behring Sea and within such other parts of
the North Pacific Ocean as are north of the 42nd parallel of north
latitude;
And whereas an arrangement has been made between Her Majesty  .
the Queen and His Imperial Majesty the Emperor of Bussia, whereby
British ships engaged in hunting seals within such parts of the said
' seas as are hereinafter specified may be seized by Bussian cruisers;
And whereas an order in council, intituled "the seal fishery (North
Pacific) order in council, 1893," was issued on the 4th day of July, 1893,
prohibiting the catching of seals by British ships within the zones as
therein defined until the 1st day of January, 1894:
Now, therefore, Her Majesty, in virtue of the powers vested in her
by the said recited act, and of all other powers enabling her in that
behalf, is hereby pleased, by and with the advice of Her Privy Council,
to order, and it is hereby ordered, as follows:
1. From and after the date of the present order until Her Majesty in
council shall otherwise direct the catching of seals by British ships is
hereby prohibited within such parts of the seas to which the recited
act applies as are comprised within the following zones, that is to say:
(1) A zone of 10 marine miles on all the Bussian coasts of Behring
Sea and the North Pacific Ocean; and
(2) A zone of 30 marine miles round the Kormandorsky Islands and '
| Tulénew (Bobben Island).
2. The powers which under the recited act may be exercised by any
commissioned officer on full pay in the naval service of Her Majesty
may be exercised by the captain or other officer in command of any war
vessel of His Imperial Majesty the Emperor of Bussia in relation to a
I British ship and the equipment and crew and certificate thereof.
3. This order may be cited as " the seal fishery (North Pacific) order
in council, 1894."
C. L. Peel.
BEHRING SEA AWARD ACT, 1894.
Chapter 2.—An Act to provide for carrying into effect the award of theTribunal
of Arbitration constituted under a treaty between Her Majesty the Queen and the
United States of America.    (23rd April, 1894.)
Whereas by a treaty between Her Majesty the Queen and the Government of the United States of America various questions which had
arisen respecting the taking and preservation of the fur seal in the
North Pacific were referred to arbitrators as mentioned in the treaty} 46
FUR-SEAL  FISHERIES  IN  BERING  SEA.
And whereas the aw
as the Behring Sea A
August, one thousand <
provisions set out in th
to provide for carrying
Be it therefore enact<
and with the advice am
and Commons, in thii
authority of the same, ;
,rd of such arbitrators (in this act referred to
?bitration Award) dated the fifteenth day of
ight hundred and ninety-three, contained the
i first schedule to this act; and it is expedient
p-the
i Most Exi
lent Majesty, by
,1 and Temporal,
ed, and by the
bidden v
(2) If
avention, and he
liable to be forfeit
i under section <
dtoH(
Ma
. three of the said act ; provided, th at the court, without prejudice to any
other power, may release' the ship, equipment, or thing, on payment of
a fine not exceeding five hundred pounds.
(3) The provisions of the merchant shipping act, 1854, with respect
to official logs (including the penal provisions) shall apply to every
vessel engaged in fur seal fishing.
(4) Every person who forges or fraudulently alters any licence or
other document issued for the purpose of article four or of article seven
in the first schedule to this act, or who procures any such licence or
document to be forged or fraudulently altered, or who knowing any
such licence or document to be forged or fraudulently altered uses the
same, or who aids in forging or fraudulently altering any such licence
or document, shall be guilty of a misdemeanor within the meaning of
the merchant shipping act, 1854.
(5) Subject to this act, the provisions of sections one hundred and
three and one hundred and four and part ten of the merchant shipping
act, 1854, and of section thirty-four of the merchant shipping act, 1876,
which are set out in the second schedule to this act, shall apply as if
they were herein reenacted, and in terms made applicable to an offence
and forfeiture under this act; and any commissioned officer on full pay
in the- naval service of Her Majesty the Queen may seize the ship's
certificate of registry.
2. (1) Where an officer seizes under this act a ship's certificate of
registry, he shall either retain the certificate and give a provisional  i
certificate in lieu thereof, or return the certificate with an indorsement of the grounds on which it was seized, and in either case shall  :
direct the ship, by an addition to the provisional certificate or to the FUR-SEAL  FISHERIES  IN  BERING  SEA.    . 47
indorsement, to proceed forthwith to a specified port, being a port
where there is a British court having authority to adjudicate in the
matter, and if this direction is not complied with, the owner and master of the ship shall, without prejudice to any other liability, each be
liable to a fine not exceeding one hundred pounds.
(2) Where in pursuance of this section a provisional certificate is
given to a ship, or the ship's certificate is indorsed, any officer of customs in Her Majesty's dominions or British consular officer may detain
the ship until satisfactory security is given for her appearance in any
legal proceedings which may be taken against her in pursuance of
this act.
3. (1) Her Majesty the Queen in Council may make, revoke, and
alter orders for carrying into effect the scheduled provisions, and this
act, and every such order shall be forthwith laid before both Houses
of Parliament and published in the London Gazette, and shall have '
effect as if enacted in this act.
(2) If there is any contravention of any regulation made by any such
order,'any person committing, procuring, aiding, or abetting such contravention shall be liable to a penalty not exceeding one hundred
pounds.
(3) An order in council under this act may provide, that such officers
of the United States of America as are specified in the order may, in
respect of offences under this act, exercise the like powers under this
act as may be exercised by a commissioned officer of Her Majesty in
relation to a British ship, and the equipment and certificate thereof, or
such of those powers as appear to Her Majesty in council to be exer-
ciseable under the law of the United States of America against ships
of the United States ; and that such British officers as are specified in
the order may exercise the powers conferred by this act, with any necessary modifications specified in the order, in relation to a ship of the
United States of America, and the equipment and certificate thereof.
4. (1) Where any offence under this act has been committed by some
person belonging to a ship, or by means of a ship, or the equipment of
• a ship, the master of the ship shall be deemed guilty of such offence,
and the ship and her equipment shall be liable to forfeiture under
this act;
(2) Provided that if it is proved that the master issued proper orders
for the observance, and used due diligence to enforce the observance
of this act, and the regulations in force thereunder, and that the
offence in question was actually committed by some other person without his connivance, and that the actual offender has been convicted, or
that he has taken all proper means in his power to prosecute such
offender, if alive, to conviction, the master or the ship shall not be
liable to any penalty or forfeiture other than such sum as will prevent
' any profit accruing by reason of the offense to the master or crew or
owner of the ship, 48 FUR-SEAL  FISHERIES  IN BERING  SEA.
5. The expression "equipment" in this act includes any boat, tackle,
fishing,-or shooting instruments, and other things belonging to a ship.
6. This act may be cited as the Behring Sea award act, 1894.
7. (1) This act shall come into operation on the first day of May, one
thousand eight hundred and ninety-four, provided that Her Majesty in
council, if at any time it appears expedient so to do, having regard to
the circumstances which have then arisen in relation to the scheduled
provisions or to the enforcement thereof, may suspend the operation of
this act or any part thereof during the period mentioned in the order,
and the same shall be suspended accordingly.
(2) Where on any proceeding in any court against a person or ship
in respect of any offence under this act it is proved that the ship sailed
from its port of departure before the provisions of the award mentioned
in the first schedule to this act were known there, and that such person or the master of the ship did not, after such sailing and before the
alleged offence, become aware of those provisions, such person shall be
acquitted, and the ship shall be released and not forfeited.
8. This act shall remain in force so long as the scheduled provisions
remain in force and no longer;
Provided that if by agreement between Her Majesty the Queen and
the Government of the United States of America, the scheduled provisions are modified, then Her Majesty in council may order that this act
shall, subject to any modifications specified in the order, apply, and
the same shall accordingly apply, to the modified provisions in like
manner as if they were set out in the first schedule to this act.
First Schedule.
Provisions in award of the Tribunal.of Arbitration constitut-ed under the
treaty concluded at Washington on the 29th of February, 1892, between
Her Majesty the Queen and the United States of America.
And whereas the aforesaid determination of the foregoing questions
as to the exclusive jurisdiction of the United States mentioned in Article VI leaves the subject in such a position that the concurrence of
Great Britain is necessary to the establishment of regulations for the
proper protection and preservation of the fur seal in or habitually
resorting to Behring Sea, the Tribunal having decided by a majority
as to each article of the following regulations, we, the said Baron de
Courcel, Lord Hannen, Marquis Visconti Venosta, and Mr. Gregers
Gram, assenting to the whole of the nine articles of the following
regulations, and being a majority of the said arbitrators, do decide and
determine in the mode provided by the treaty that the following concurrent regulations outside the jurisdictional limits of the respective FUR-SEAL  FISHERIES  IN  BERING  SEA. 49
Governments are necessary, and that, they should extend over the
waters hereinafter mentioned; that is to say:
Article 1. The Governments of the United States and of Great
' Britain shall forbid their citizens and subjects, respectively, to kill, capture, or pursue, at any time and in any manner whatever, the animals
commonly called fur seals, within a zone of 60 miles around the Pribi-
loff Islands, inclusive of the territorial waters.
The miles mentioned in the preceding paragraph are geographical
miles, of 60 to a degree of latitude.
Article 2. The two Governments shall forbid their citizens and subjects, respectively, to kill, capture, or pursue, in any manner whatever,
during the season extending each year from the 1st May to the 31st
July, both inclusive, the fur seals on the high sea in the part of the
Pacific Ocean, inclusive of the Behring Sea, which is situated to the
. north of the 35th degree of north latitude and eastward of the 180th
degree of longitude from Greenwich till it strikes the water boundary
described in Article I of the treaty of 1867 between the United States
and Bussia, and following that line up to Behring Straits.
Article 3. During the period of time and in the waters in which
: the fur-seal fishing is allowed only sailing vessels shall be permitted to
carry on or take part in fur-seal fishing operations.   They will, how-
: ever, be at liberty to avail themselves of the use of such canoes or
: undecked boats, propelled by paddles, oars, or sails, as are in common
use as fishing boats.
[    Article 4. Each sailing vessel authorised to fish for fur seals must
I be provided with a special license issued for that purpose by its Government, and shall be required to carry a distinguishing flag to be prescribed by its Government.
Article 5. The masters of the vessels engaged in fur-seal fishing
I shall enter accurately in their official log book the date and place of
each fur-seal fishing operation, and also the number and sex of the
seals captured upon each day. These entries shall be communicated
by each of the two Governments to the other at the end of each fishing .
season.
Article 6. The use of nets, firearms, and explosives shall be forbidden in the fur-seal fishing. This restriction shall not apply to shotguns when such fishing takes place outside of Behring's Sea during the
season when it may be lawfully carried on.
J Article 7. The two Governments shall take measures to control the
fitness of the men authorised to. engage in fur-seal fishing. These men
shall have been proved fit to handle with sufficient skill the weapons
by means of which this fishing may be carried on.
. Article 8. The regulations contained in the preceding articles shall
not apply to Indians dwelling on the coasts of the territory of the United
States or of Great Britain, and carrying on fur-seal fishing in canoes
©r undecked boats not transported by or used in connexion with other
14568 4 f
50 FUR-SEAL  FISHERIES  IN  BERING  SEA.
vessels and propelled wholly by paddles, oars, or sails, and manned by
not more than five persons each in the way hitherto practised by the
Indians, provided such Indians are not in the employment of other
persons, and provided that, when so hunting in canoes or undecked
boats, they shall not hunt fur seals outside of territorial waters under
contract for the delivery of the skins to any person.
This exemption shall not be construed to affect the municipal law
of either country, nor shall it extend to the waters of Behring Sea or
the waters of the Aleutian Passes.
Nothing herein contained is intended to interfere with the employment of Indians as hunters or otherwise in connection with fur-sealing
vessels as heretofore.
Article 9. The concurrent regulations hereby determined with a
view to the protection and preservation of the fur seals shall remain
in force until they have been, in whole or in part, abolished or modified .
by common agreement between the Governments of the United States
and of Great Britain.
The said concurrent regulations shall be submitted every five years
to a new examination, so as to enable both interested Governments to
consider whether, in the light of past experience, there is occasion for
any modification thereof.
Second Schedule.
Enactments of merchant shipping act (17 and 18 Vict. c. 104) applied.
Section 103. * * * And in order that the above provisions as
to forfeitures may be carried into effect, it shall be lawful for any commissioned officer on full pay in the military or naval service of Her
Majesty, or any British officer of customs, or any British consular
officer, to seize and detain any ship which has, either wholly or as to
• any share therein, become subject to forfeiture as aforesaid, and to bring
her for adjudication before the high court of admiralty in England or
Ireland, or any court having admiralty jurisdiction in Her Majesty's
dominions; and such court may thereupon make such order in the case
as it may think fit, and may award to the officer bringing in the same
for adjudication such portion of the proceeds of the sale of any forfeited
ship or share as it may think right.
Section 104. No such officer as aforesaid shall be responsible, either
civilly or criminally, to any person whomsoever, in respect of the seizure or detention of any ship that has been seized or detained by him in
pursuance of the provisions herein contained, notwithstanding that
. such ship is not brought in for adjudication, or, if so brought in, is
declared not to be liable to forfeiture, if it is shown to the satisfaction of
the judge or court before whom any trial relating to such ship or such FUR-SEAL  FISHERIES  IN  BERING  SEA, 51
or detention is held that there were reasonable grounds for such
court may award payment of costs and damages to any party aggrieved,
and make such other order in the premises as it thinks just.
Part X.—Legal Procedure.
Application.
Section 517. The tenth part of this act shall, in all cases where no
particular country is mentioned, apply to the whole of Her Majesty's
dominions.
Legal procedure {general).
Section 518. In all places within Her Majesty's dominions, except
Scotland, the offences hereinafter mentioned shall be punished and
penalties recovered in manner following, that is to say—
(1) Every offence by this act declared to be a misdemeanor shall be
punishable by fine or imprisonment with or without hard labour, and
the court before which such offence is tried may, in England, make the
same allowances and order payment of the same costs and expenses as
if such misdemeanor had been enumerated in the act passed in the
seventh year of His late Majesty King George the Fourth, chapter
■ sixty-four, or any other act that may be passed' for the like purpose,
and may in any other part of Her Majesty's dominions make such
I allowances and order payment of such costs and expenses, if any, as
I are payable or allowable upon the trial of any misdemeanor under any
; existing act or ordinance or as may be payable or allowable under any
act or law for the time being in force therein.
(2) Every offence declared by this act to be a misdemeanor shall also
be deemed to be an offence hereby made punishable by imprisonment
for any period not exceeding six months, with or without hard labour,
or by a penalty not exceeding one hundred pounds, and may be prosecuted accordingly in a summary manner, instead of being prosecuted
: as a misdemeanor.
(3) Every offence hereby made punishable by imprisonment for any
I period not exceeding six months, with or without hard labour, or by
I any penalty not exceeding one hundred pounds, shall, in England and
$ Ireland, be prosecuted summarily before any two or more justices, as to
England in the manner directed by the act of the eleventh and twelfth
fyears of the reign of Her Majesty Queen Victoria, chapter forty-three,
I and as to Ireland in the manner directed by the act of the fourteenth
and fifteenth years of the reign of Her Majesty Queen Victoria, chapter
f ninety-three, or in such other manner as may be directed by any act or
|.acts that may be passed for like purposes. And all provisions contained in the said acts shall be applicable to such prosecutions in the 52 FUR-SEAL FISHERIES  IN BERING  SEA.
same manner as if the offences in respect of which the same are instituted were Lereby stated to be offences in respect of which two or more
justices have power to convict summarily or to make a summary order.
(4) In all cases of summary convictions in England, where the sum
adjudged to paid exceeds five pounds, or the period of imprisonment
adjudged exceeds one month, any person who thinks himself aggrieved
by such conviction may appeal to the next court of general or quarter
sessions.
(5) All offences under this act shall, in any British possession, be
punishable in any court or by any justice of the peace or magistrate in
which or by whom offences of a like character are ordinarily punishable,
or in such other manner or by such other courts, justices, or magistrates as may from time to time be determined by any act or ordinance
duly made in such possession in such manner as acts and ordinances in
such possession are required to be made in order to have the force of
law.
Section 519. Any stipendiary magistrate shall have full power to
do alone whatever two justices of the peace are by this act authorised
to do.
Section 520. For the purpose of giving jurisdiction under this act,
every offence shall be deemed to have been committed, and every cause
.of complaint to have arisen, either in the place in which the same
actually was committed or arose, or in any place in which the offender
or person complained against may be.
Section 521. In all cases where any district within which any court
or justice of the peace or other magistrate has jurisdiction, either under
this act or under any other act or at common law, for any purpose
whatever, is situate on the coast of any sea, or abutting on or projecting into any bay, channel, lake, river, or other navigable water, every
such court, justice of the peace, or magistrate shall have jurisdiction
over any ship or boat being on or lying or passing off such coast, or .
being in or near such bay, channel, lake, river, or navigable water as
aforesaid, and over all persons on board such ship or boat or for the
time being belonging thereto, in the same manner as if such ship, boat,
or persons were within the limits of the original jurisdiction of such
court, justice, or magistrate.
Section 522. Service of any summons or other matter in any legal
proceeding under this act shall be good service, if made personally on
the person to be served, or at his last place of abode, or if made by
leaving such summons for him on board any ship to which he may
belong with the person being or appearing to be in command or charge
of such ship.
Section 523. In all cases where any court, justice or justices of the
peace, or other magistrate, has or have power to make an order direct-   .
ing payment to be made of any seaman's wages, penalties, or other
sums of money, then, if the party so directed to pay the same is the ) FUR-SEAL  FISHERIES  IN  BERING . SEA. 53
master or owner of a ship, and the same is not paid at the time and in
manner prescribed in the order, the court, justice or justices, or other
magistrate who made the order, may, in addition to any other powers
they or he may have for the purpose of compelling payment, direct the
amount remaining unpaid to be levied by distress or poinding and sale
of the said ship, her tackle, furniture, and apparel.
Section 524. Any court justice, or magistrate imposing any penalty
under this act, for which no specific application is herein provided,,
may, if it or he thinks fit, direct the whole or any part thereof to be>
applied in compensating any person for any wrong or damage which:
he may have sustained by the act or default in respect of which suchx
penalty is imposed, or to be applied in or towards payment of the
expenses of the proceedings; and, subject to such directions or specific application as aforesaid, all penalties recovered in the United
Kingdom shall be paid into the receipt of Her Majesty's exchequer in
such manner as the Treasury may direct, and shall be carried to and
form part of the consolidated fund of the United Kingdom; and all
penalties recovered in any British Possession shall be paid over into
the public treasury of such Possession, and form part of the public
revenue thereof.
Section 525. The time for instituting summary proceedings under
this act shall be limited as follows, that is to say—
(1) No conviction for any offence shall be made under this act in any
summary proceeding instituted in the United Kingdom, unless such
proceeding is commenced within six months after the commission of
the offence; or, if both or either of the parties to such proceeding
happen during such time to be out of the United Kingdom, unless the
same is commenced within two months after they both first happen to
arrive or to be at one time within the same.
(2) No conviction for any offence shall be made under this act in any
I proceeding instituted in any British possession, unless such proceeding
is commenced within six months after the commission of the offence; or
I if both or either of the parties to the proceeding happen during such
time not to be within the jurisdiction of any court capable of dealing
with the case, unless the same is commenced within two months after
they both first happen to arrive or to be at one time within such
jurisdiction.
(3) No order for the payment of money shall be made under this act
in any summary proceeding instituted in the United Kingdom, unless
such proceeding is commenced within six months after the cause of
complaint arises; or, if both or either of the parties happen during
such time to be out of the United Kingdom, unless the same is commenced within six months after they both first happen to arrive or to
be at one time within the same.
(4) No order for the payment of money shall be made under this act
in any summary proceeding instituted in any British possession, unless. f
54 FUR-SEAL  FISHERIES  IN  BERING  SEA.
such proceeding is commenced within six months after the cause of
complaint arises; or, if both or either of the parties to the proceeding
happen during such time not to be within the jurisdiction of any court
capable of dealing with the case, unless the same is commenced within
six months after they both first happen to arrive or' be at one time
within such jurisdiction.
And no provision contained in any other act or acts, ordinance or
ordinances for limiting the time within which summary proceedings
may be instituted, shall affect.any summary proceeding under this act.
Section 526. Any document required by this act to be executed in
the presence of or to be attested by any witness or witnesses, may be
proved by the evidence of any person who is able to bear witness to the
requisite facts, without calling the attesting witness or witnesses or
any of them.
Section 527. Whenever any injury has, in any part of the world,
been caused to any property belonging to Her Majesty or to any of Her
Majesty's subjects by any foreign ship, if at any time thereafter such
ship is found in any port or river of the United Kingdom or within
three miles of the coast thereof, it shall be lawful for the judge of any
court of record in the United Kingdom, or for the judge of the high
court of admiralty, or in Scotland the court of session, or the sheriff
of the county within whose jurisdiction such ship may be, upon its
being shown to him by any person applying summarily that such injury
was probably caused by the misconduct or want of skill of the master
or mariners of such ship, to issue an order directed to any officer of
customs or other officer named by such judge, requiring him to detain
such ship until such time as the owner, master, or consignee thereof
has made satisfaction in respect of such injury, or has given security,
to be approved by the judge, to abide the event of any action, suit, or
other legal proceeding that may be instituted in respect of such injury,
and to pay all costs and damages that may be awarded thereon; and
any officer of customs or other officer to whom such order is directed
shall detain such ship accordingly.
Secton 528. In any case where it appears that before any application
can be made under the foregoing section such foreign ship will have
departed beyond the limits therein mentioned, it shall be lawful for
any commissioned officer on full pay in the military or naval service of
Her Majesty, or any British officer of customs, or any British consular
officer, to detain such ship until such time as will allow such application to be made and the result thereof to be communicated to him; and
no such officer shall be liable for any costs or damages in respect of
such detention unless the same is proved to have been made without
reasonable grounds.
Section 529. In any action, suit, or other proceeding in relation to
such injury, the person so giving security as aforesaid shall be made
defendant or defender and shall be stated to be the owner of the ship FUR-SEAL  FISHERIES  IN  BERING  SEA. 55
that has occasioned such damage; and the production of the order of
the judge made in relation to such security shall be conclusive evidence of the liability of such defendant or defender to such action,
suit, or other proceeding.
Legal procedure (Scotland).
Section 530. In Scotland every offence which by this act is described
as a felony or misdemeanor may be prosecuted by indictment or criminal
etters at the instance of Her Majesty's Advocate before the high court
of justiciary, or by criminal libel at the instance of the procurator
fiscal of the county, before the sheriff, and shall be punishable with fine
and with imprisonment, with or without hard labour in default of payment, or with imprisonment, with or without hard labour, or with both,
as the court may think fit, or in the case of felony with penal servitude,
where the court is competent thereto; and such court may also, if it
think fit, order payment by the offender of the costs and expenses of
the prosecution.
Section 531. In Scotland, all prosecutions, complaints, actions, or
proceedings under this act, other than prosecutions for felonies or misdemeanors, may be brought in a summary form before the sheriff of
the county, or before any two justices of the peace of the county or
burgh where the cause of such prosecution or action arises, or where
the offender or defender may be for the time, and when of a criminal
nature or for penalties, at the instance of the procurator fiscal of court,
or at the instance of any party aggrieved, with concurrence of the procurator fiscal of court; and the court may, if it think fit, order payment
by the offender or defender of the costs of the prosecution or action.
Section 532. In Scotland all prosecutions, complaints, actions, or
other proceedings under this act maybe brought either in a written
or printed form, or partly written and partly printed, and where such
proceedings are brought in a summary form it shall not be necessary
in the complaint to recite or set forth the clause or clauses of the act on
which such proceeding is founded, but it shall be sufficient to specify or
refer to such clause or clauses, and to set forth shortly the cause of complaint or action and the remedy sought; and when such complaint or
action is brought in whole or in part for the enforcement of a pecuniary
debt or demand, the complaint may contain a prayer for warrant to
arrest upon the dependence.
Section 533. In Scotland, on any complaint or other proceeding
brought in a summary form under this act being presented to the
sheriff clerk or clerk of the peace, he shall grant warrant to cite the defender to appear personally before the said sheriff or justices of the
peace on a day fixed, and at the same time shall appoint a copy of the
same to be delivered to him by a sheriff officer or constable, as the case
may be, along with the citation ; and such deliverance shall also contain
a warrant for citing witnesses and havers to compear at the same time
J €
56 FUR-SEAL  FISHERIES  IN  BERING  SEA.
and place to give evidence and produce such writs as may be specified
in their citation; and where such warrant has been prayed for in the complaint or other proceeding, the deliverance of the sheriff clerk or clerk
of the peace shall also contain warrant to arrest upon the dependence
in common form : Provided always, that where the apprehension of any
party, with or without a warrant, is authorized by this act, such party
may be detained in custody until he can be brought at the earliest
opportunity before any two justices, or the sheriff who may have jurisdiction in the place, to be dealt with as this act directs, and no citation
or inducisB shall in such case be necessary.
Section 534. When it becomes necessary to execute such arrestment on the dependence against goods or effects of the defender within
Scotland, but not locally situated within the jurisdiction of the sheriff
or justices of the peace by whom the warrant to arrest has been granted,
it shall be competent to carry the warrant into execution on its being
indorsed by the sheriff clerk or clerk of the peace of the county or
burgh respectively within which such warrant comes to be executed.
Section 535. In all proceedings under this act in Scotland the sheriff
or justices of the peace shall have the same power of compelling
attendance of witnesses and havers as in cases falling under their ordinary jurisdiction.
Section 536. The whole procedure in cases brought in a summary
form before the sheriff or justices of the peace in Scotland shall be conducted viva voce, without written pleadings, and without taking down
the evidence in writing, and no record shall be kept of the proceedings
other than the complaint, and the sentence or decree pronounced
thereon.
Section 537. It shall be in the power of the sheriff or justices of
the peace in Scotland to adjourn the proceedings from time to time to
any day or days to be fixed by them, in the event of absence of witnesses or of any other cause which shall appear to them to render such
adjournment necessary.
Section 538. In Scotland all sentences and decrees to be pronounced
by the sheriff or justices of the peace upon such summary complaints
shall be in writing; and where there is a decree for payment of any
sum or sums of money against a defender, such decree shall contain
warrant for arrestment, poinding, and imprisonment in default of payment, such arrestment, poinding, or imprisonment to be carried into
effect by sheriffs, officers, or constables, as the case may be, in the same
manner as in cases arising under the ordinary jurisdiction in the sheriff
or justices: Provided always, that nothing herein contained shall be
taken or construed to repeal or affect an act of the fifth and sixth years
of William the Fourth, intituled "An act for abolishing, in Scotland,
imprisonment for civil debts of small amount."
Section 539. In all summary complaints and proceedings for recovery of any penalty or sum of money in Scotland, if a defender who has FUR-SEAL  FISHERIES IN BERING  SEA. 57
been duly cited shall not appear at the time and place required by the
citation, he shall be held as confessed, and sentence or decree shall be
pronounced against him in terms of the complaint, with such costs and
expenses as to the court shall seem fit: Provided.always, that he shall
be entitled to obtain himself reponed against any such decree at any
time before the same be fully implemented, by lodging with the clerk
of court areponing note, an,d consigning in his hands the sum decerned
for, and the costs which had been awarded by the court, and on the
same day delivering or transmitting through the post to the pursuer or
his agent a copy of such reponing note; and a certificate by the clerk
of court of such note having been lodged shall operate as a sist of diligence till the cause shall have been reheard and finally disposed of,
which shall be on the next sitting of the court, or on any day to which
the court shall then adjourn it.
Section 540. In all summary complaints or other proceedings not
brought for the recovery of any penalty or sum of money in Scotland,
if a defender, being duly cited, shall fail to appear, the sheriff or justices may grant warrant to apprehend and bring him before the court.
Section 541. In all cases where sentences or decrees of the sheriff
or justices require to be enforced within Scotland, but beyond the jurisdiction of the sheriff or justices by whom such sentences or decrees
have been pronounced, it shall be competent to carry the same into .
execution upon the same being indorsed by the sheriff clerk or clerk of
the peace of the county or burgh within which such execution is to take
place.
Section 542. No order, decree, or sentence pronounced by any sheriff
or justice of the peace in Scotland under the authority of this act shall
be quashed or vacated for any misnomer, informality, or defect of form ;
and all orders, decrees, and sentences so pronounced shall be final and
conclusive, and not subject to suspension, advocation, reduction, or to
any form of review or stay of execution, except on the ground of corruption or malice on the part of the sheriff or justices, in which case
the suspension, advocation, or reduction must be brought within, fourteen days of the date of the order, decree, or sentence complained of:
Provided always, That no stay-of execution shall be competent to the
effect of preventing immediate execution of such order, decree, or
sentence.
Section 543. Such of the general provisions with respect to jurisdiction, procedure, and penalties contained in this act as are not inconsistent with the special rules hereinbefore laid down for the conduct of
legal proceedings and the recovery of penalties in Scotland, shall, so far
as the same are applicable, extend to such last mentioned proceedings
and penalties: Provided always, That nothing in this act contained
shall be held in any way to annul or restrict the common law of Scotland with regard to the prosecution or punishment of offences at the
instance or by the direction of the lord advocate, or the rights of 58 FUR-SEAL  FISHERIES  IN BERING  SEA.
owners or creditors in regard to enforcing a judicial sale of any ship
and tackle, or to give to the High Court of Admiralty of England any
jurisdiction in-respect of salvage in Scotland which it has not heretofore had or exercised.
Enactment of Merchant-Shipping Act, 1876 (39 and 40 Vict., o.
80.), Applied.
Section 34. Where under the merchant-shipping acts, 1854 to 1876,
or any of them, a ship is authorized or ordered to be detained, any commissioned officer on full pay in the naval or military service of Her
Majesty, or any officer of the board of trade or customs, or any British
consular officer may detain the ship; and if the ship, after such detention or after service on the master of any notice of or order for such
detention proceeds to sea before it is released by competent authority,
the master of the ship, and also the owner, and any person who sends
the ship to sea, if such owner or person be party or privy to the offense,
shall forfeit and pay to Her Majesty a penalty not exceeding one hundred pounds.
Where a ship so proceeding to sea takes to sea when on board thereof
in the execution of his duty any officer authorized to detain the ship,
or any surveyor or officer of the board of trade or customs, the owner
and master of the ship shall each be liable to pay all expenses of and
incidental to the officer or surveyor being so taken to sea, and also a
penalty not exceeding one hundred pounds, or, if the offense is not -
prosecuted in a summary manner, not exceeding ten pounds for every
day until the officer or surveyor returns, or until such time as would
enable him after leaving the ship to return to the port from which he
is taken, and such expenses may be recovered in like manner as the
penalty.
BEHRING SEA AWARD.   ORDER IN COUNCIL 1894.
AT THE COURT AT WINDSOR, THE 30TH DAY OF APRH,, 1894.
Present, the Queen's Most Excellent Majesty, Lord President, Lord
Steward, Earl of Chesterfield, Lord Chamberlain, Sir Charles Bussell,
Sir Frank Lascelles.
Whereas by "the Behring Sea award act, 1894," it is enacted that
Her Majesty the Queen in council may make orders for carrying into
effect the provisions of the Behring Sea arbitration award set out in
the first schedule to that act, and therein referred to as the scheduled
provisions :
And whereas by the said act it is also enacted that an order in council made under that act may provide that such officers of the United
States of America as are specified in the order may, in respect of offences FUR-SEAL  FISHERIES  IN  BERING   SEA. 59
under that act, exercise the like powers under that act as may be exercised by a commissioned officer of Her Majesty in relation to a British
ship, and the equipment and certificate thereof, or such of those powers
as appear to Her Majesty in council to be exercisable under the laws of
the United States of America against ships of the United States,
and that such British officers as are specified in the order may exercise
the powers conferred by that act, with any necessary modifications
specified in the order, in relation to a ship of the United States of
America and the equipment and certificate thereof;
And whereas the powers which article 1 of this order confers upon
the officers of the United States therein specified are powers which, in
respect of offences under the said act, may be exercised by a commissioned officer of Her Majesty in relation to a British ship and the equipment and certificate thereof, and appear to Her Majesty in council
to be exercisable under the law of the United States against ships
of the United States:
Now* therefore, Her Majesty, in virtue of the powers vested in her
by the said recited act, and of all other powers enabling her in that
behalf, is hereby pleased, by and with the advice of Her Privy Council,
to order, and it is hereby ordered, as follows :
1. The commanding officer of any vessel belonging to the naval or
revenue service of the United States of America, and appointed for the
time being by the President of the United States for the purpose of
carrying into effect the powers conferred by this article, the name of
which vessel shall have been communicated by the President of the
United States to Her Majesty as being a vessel so appointed as aforesaid, may, if duly commissioned and instructed by the President in that
behalf, seize and detain any British vessel which has become liable to
be forfeited to Her Majesty under the provisions of the recited act, and
may bring her for adjudication before any such British court of admiralty as is referred to in section 103 of "the merchant shipping act,
1854" (which section is set out in the second schedule to the recited
act), or may deliver her to any such British officer as is mentioned in
the said section for the purpose of being dealt with pursuant to the
recited act.
2. The commanding officer of any vessel belonging to the naval or
revenue service of Her Majesty, and appointed for the time being by
Her Majesty for the purpose of carrying into effect the powers conferred by this article, the name of which vessel shall have been communicated by Her Majesty to the President of the United States as
' being a vessel so appointed as aforesaid, may, if duly commissioned
and instructed by Her Majesty, in that behalf, exercise the powers
conferred by the recited act in relation to a ship of the United States :
Provided that such officer, after seizing and detaining a ship of the
United States in exercise of the said powers, shall take her for adjudication before a court of the United States having jurisdiction to. f
60
FUR-SEAL FISHERIES IN BERING SEA.
val or r
adjudicate in the matter, or deliver her to any naval or revenue officer
or other authorities of the United States.
3. Until arrangements for giving further effect to articles 4 and 7 of
the said scheduled provisions shall have been made between Her Maj--
esty and the Government of the United States, the following provisions)
should have effect:
(a) A Secretary of State, or any person duly authorized by him for
it a sp«
y Briti
the purpose, may gra
he may think fit to :
for the present year
British sailing-*
licence, shall be deemed U
seal fishing within the me
(b) A Secretary of Stat
Gazette," prescribe the fh
or shall be, authorized to
order, and may cause one
vessel which has left port
vessel which before leavi
every authorized vessel t(
shall carry such flag duri
which fur-seal fishing is al
such times and in such nn
(e) A Secretary of State
as he may deem necessary for ti
the recited act and this order
lishedin such manner as he
were contained in this order.
4. This order may be cited
council, 1894."
And the Bight Honourabh
Honourable the Marquis of I
cipal Secretaries of State, an.
ralty are to give the necess
respectively appertain.
al licence in sucl
form and manner as
l sailing vessel a
uthorizing such vessel
fur seals during
the period of time in
in which fur-sea
1 fishing is allowed by
i delivery of su
,h special licence any
his order has left port
oyed in the said
fishing shall be deemed
nddulyprovide<
with a special licence
article 4; and al
persons on board any
jrovided with a'special
e been duly authc
rized to engage in fur-
ygiv
ball be observed a
slivered,
atersin
list it at
îotice.
rectionB
isions of
ng pub-
) if they
i Behring Sea award order in
I of Kimberley, K. G., the Most
G., two of Her Majesty's Prints Commissioners of the Admi-
to them may
C. L. Peel.
iry directions. he FUR-SEAL  FISHERIES  IN BERING  SEA. 61
BEHRING SEA AWARD.    ORDER IN COUNCIL (NO. 2), 1894.
AT THE COURT AT WINDSOR, THE 27TH DAY OF JUNE, 1894.
Present, the Queen's Most Excellent Majesty, Earl Spencer, Lord
Chamberlain, Lord Kensington.
Whereas by " the Behring Sea award act, 1894," it is enacted that
Her Majesty the Queen in council may make orders for carrying into
effect the provisions of the Behring Sea arbitration award set out in
the first schedule to that act, and therein referred to as the scheduled
provisions :
And whereas by article 3 of "the Behring Sea award order in council,
1894," Her Majesty ordered that until arrangements for giving further
effect to articles 4 and 7 of the said scheduled provisions should have
been made between Her Majesty and the Government of the United
States, the provisions contained in that article'should have effect;
And whereas arrangements have been made for giving further effect
to the said articles, and for regulating during the present year the fishing for fur seals in accordance with the said scheduled provisions; and
it is expedient that effect should be given to those arrangements by
an order in council under the said act :
Now, therefore, Her Majesty, in virtue of the powers vested in her
by the said recited act, and of all other powers enabling her in that
behalf is hereby pleased, by and with the advice of Her Privy Council,
to order, and it is hereby ordered, as follows:
1. On the application of the owner of any British sailing vessel
intended to be employed in fur-seal fishing under the provisions of the
recited act, a Secretary of State may, if satisfactory evidence as
required by the said article 7 has been given by such owner of the fitness of the men to be employed by him on the said vessel in the said
fishing, grant a special licence in the form in the schedule hereto,
authorizing that vessel for the present year to fish for fur seals during
the period in the manner and in the waters in which fur-seal fishing is
allowed by the recited act; and the said special licence, when so granted,
shall be carried on board the said vessel at all times while so employed.
2. Every British.sailing vessel provided with a special licence under
this order or the recited order, or which, under the recited order, is
deemed to have been so provided, shall show under her national colours
a flag, not less than 4 feet square, of two equal triangular 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.
3. If, in the case of any vessel, there is any contravention of these
regulations, the Secretary of State, whether any penalty has been
recovered under the recited act or not, may revoke the special, licence.
4. Article 3 of the recited order is hereby repealed, without prejudice,
however, to any authorization given thereunder. 62 FUR-SEAL  FISHERIES  IN  BERING  SEA.
5. This order may be cited as "the Behring Sea award order in council
(No. 2), 1894," and the recited order and this order may together be
cited as "the Behring Sea award orders in council, 1894."
And the Bight Honourable the Earl of Kimberley, K. G., and the
Most Honourable the Marquess of Bipon, K. G., two of Her Majesty's
principal secretaries of state, and the lords of the admiralty are to
give the necessary directions herein as to them respectively appertain.
O. L. Peel.
FORM OF SPECIAL LICENSE.
Behring Sea award act, 1894; Behring Sea award orders in council, 1894.
Whereas the British sailing vessel is intended to be employed
during the present year in fishing for fur seals under the provisions of
"the Behring Sea award act, 1894;"
And whereas A. B., the owner (or A. B. and others, owners) of the
said vessel have given satisfactory evidence of the fitness of the men
who are to be employed on board the said vessel in the said fishing :
Now, therefore, in pursuance of the above-mentioned act and orders
in council, I hereby authorize the said vessel for the present year to be
employed in fur-seal fishing during the period of time in the manner
and in the waters in which fur-seal fishing is allowed by the above-
mentioned act.
This special license is subject to revocation in case of any contravention of the above-mentioned act or orders in council.
Given under my hand this day of , 1894.
(Signed)  ,
Secretary of State.
BEHRING- SEA AWARD.    ORDER IN COUNCIL, 1895.
Present, the Queen's Most Excellent Majesty, Lord President, Marquess of Bipon, Lord Chamberlain, Lord Kensington, Mr. Cecil Bhodes.
Whereas by "the Behring Sea award act, 1894," it is enacted that '
Her Majesty the Queen in Council may make orders for carrying into
effect the provisions of the Behring Sea arbitration award set out in
the first schedule to that act, and therein referred to as the scheduled
provisions;
And whereas arrangements have been made between Her Majesty
and the Government of the United States for giving effect to articles FUR-SEAL  FISHERIES  IN  BERING  SEA. 63
4 and 7 of the said scheduled provisions, and it is expedient that effect
should be given to those arrangements by an order in council under
the said act:
Now, therefore, Her Majesty, in virtue of the powers vested in her
by the said recited act, and of all other powers enabling her in that
behalf, is hereby pleased, by and with the advice of Her Privy Council,
to order, and it is hereby ordered, as follows :
1. On the application of the owner or master of any British sailing
vessel intended to be employed in fur-seal fishing under the provisions
of the recited act, a secretary of state, or any person duly authorized
by him for the purpose, may, if satisfactory evidence as required by
the said article 7 has been given by such owner or master of the fitness
of the men to be employed by him on the said vessel in the said fishing,
grant a special licence in the form in the schedule hereto, authorizing
that vessel (for the year mentioned in the licence) to fish for fur seals
during the period in the manner and in the waters in which fur-seal
fishing is allowed by the recited act; and the said special licence, when
so granted, shall be carried on board the said vessel at all times while
so employed.
2. Every British sailing vessel provided with a special licence under
this order shall show, under her national colours, a flag, not less than
4 ieet square, of two equal triangular 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.
3. If in the case of any vessel there is any contravention of, these
regulations a secretary of state, or any person duly authorized by him
for the purpose, whether any penalty has been recovered under the
recited act or not, may revoke the special licence, whether the same was
granted by a secretary of state or by such person.
4. This order maybe cited as "the Behring Sea award order in
council, 1895," and " the Behring Sea award order in council, 1894,"
and this order may together be cited as "the Behring Sea award
orders in council, 1894 and 1895."
And the Bight Honourable the Earl of Kimberley, K. G., and the
Most Honourable the Marquess of Bipon, K. G., two of Her Majesty's
principal'secretaries of state and the lords of the admiralty are to give
the necessary directions herein as to them respectively appertain.
And whereas the immediate operation of this order is urgent, this
order shall come into operation forthwith.
C. L. Peel. 64 fur-seal fisheries in bering sea.
Schedule.
form of special license.
The Behring Sea award act, 1894; the Behring Sea award order i
council, 1895.
Whereas the British sailing vessel is intended to be employed
in fishing for fur seals under the provisions of "the Behring Sea award
act; 1894."
And whereas satisfactory evidence of the fitness of the men who are
to be employed on board the said vessel in the said fishing has been
given by A. B., the owner [or A. B. and others, owners, or C. D., the
master] of the said vessel.
[And whereas I (name and description) have been duly authorized
by a secretary of state to grant special licences under the provisions of
the above-mentioned act and order in council.]
Now, therefore, in pursuance of the above-mentioned act and order in
council, I hereby authorize the said vessel for the year [eighteen hundred and ninety-five, or as the case may be] to be employed in fur-seal
fishing during the period of time, in the manner and in the waters in
which fur-seal fishing is allowed by the above-mentioned act.
This special licence is subject to revocation in case of any contravention of the above-mentioned act or order in council.
Given under my hand this day of , 189—.
(Signed)  .
SEAL FISHERD3S (NORTH PACIFIC) ACT, 1895.
Chapter 21.—An act to provide for prohibiting the oatching of seals at certain  |
periods in Behring Sea and other parts of the Pacific Ocean adjacent to Behring
Sea, and for regulating the seal fisheries in those seas.    (27th June, 1895.)
Whereas it is expedient to repeal the seal fishery (North Pacific) act,
1893, and to reenact it with amendments;
Be it therefore enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the authority of the same, as follows :
1. (1) Her Majesty the Queen may, by order in council, prohibit,
during the period specified in the order, the catching of seals by British
ships in such parts of the seas to which this act applies as are specified
in the order.
(2) While an order in council under this act is in force—
(a) A person belonging to a British ship shall not kill, take, or hunt,
or attempt to kill or take, any seal during the period and within the seas
specified in the order; and FUR-SEAL  FISHERIES  IN  BERING  SEA. 65
(&) A British ship shall not, nor shall any of the equipment or crew
thereof, be used or employed in such killing, taking, hunting, or
attempt.
(3) If there is any contravention of this section, any person committing, procuring, aiding or abetting such contravention shall be guilty
of a misdemeanor within the meaning of the merchant shipping act,
1894, and the ship and her equipment and everything on board thereof
shall be subject to forfeiture to Her Majesty.
2. (1) Her Majesty the Queen may by order in council make, as
respects such parts of the seas to which this act applies as are specified
in the order, regulations—
(a) For entering in the official log of a ship particulars respecting
the hunting, killing, and taking of seals, and
(b) For regulating the hunting and taking of seals, with power to
prohibit or restrict the use therein of any particular kind of vessels,
methods, or implements.
(2) If there is any contravention of any such regulation any person
who committed, procured, aided, or abetted such contravention shall be
liable to a fine not exceeding one hundred pounds."
(3) If the regulations under this section provide for the entry of particulars in the official log of a ship, the provisions of the merchant
shipping act, 1894, with reference to official logs (including the penal
provisions), shall apply to every ship engaged in seal fishing within
such of the seas to which this act applies as are specified in the order.
3. (1) Any offenee or fine under this act may be prosecuted or recovered in like manner as if it were an offence or fine under the merchant
shipping act, 1894.
(2) For the purpose of the forfeiture of any ship under this act, section seventy-six of the merchant shipping act, 1894, shall apply.
(3) Where any commissioned officer on full pay in the naval service
of Her Majesty the Queen has reasonable cause to believe that, during
the period and in the seas specified in an order in council under this
act, any British ship has been used or employed in contravention oi
this act, or of any regulation made thereunder, he may stop and examine her, and detain her or any portion of her equipment or any of her
crew, and may seize the ship's certificate of registry.
(4) For carrying into effect an arrangement with any foreign State,
an order in council under this act may provide that the powers under
this act of such commissioned officer may, subject to any limitations,
conditions, modifications, and exceptions specified in the order, be exercised in relation to a British ship and the equipment, crew, and certificate thereof by such officers of the said foreign state as are specified
in the order, or in relation to a ship of the said foreign state and the
equipment, crew, and papers thereof by such British officers as are specified in the order.
4. (1) Where an officer has power under this act to seize a ship's
14668 5
J 66 FUR-SEAL  FISHERIES  IN  BERING  SEA.
certificate of Registry, he may, subject to the directions of an order
in council under this act, either retain the certificate and give a provisional certificate in lieu thereof, or return the certificate with an
indorsement of the grounds on which it was seized ; and in either
case may, if the ship appears to him to be liable to forfeiture, direct
the ship, by an addition to the provisional certificate or to the indorsement, to proceed forthwith to a specified port, being a port where there
is a British court having authority to adjudicate in the matter, and
if this direction is not complied with, the owner and master of the ship
shall, without prejudice to any other liability, each be liable to a fine
not exceeding one hundred pounds.
(2) Where in pursuance of this section a provisional certificate is
given to a ship, or the ship's certificate is indorsed, any officer of customs in Her Majesty's dominions or British consular officer may
detain the ship, until satisfactory security is given for her appearance
in any legal proceedings which may be taken against her in pursuance of this act.
5. (1) A statement in writing, purporting to be signed by an officer
having power in pursuance of this act to stop and examine a ship, as
to the circumstances under which or grounds on which he stopped and
examined the ship, shall be admissible in any proceedings, civil or
criminal, as evidence of the facts or matters therein stated.
(2) If evidence contained in any such statement was taken on oath
in the presence of the person charged in the evidence, and that person
had an opportunity of cross-examining the person giving the evidence
and of making his reply to the evidence, the officer making the statement may certify that the evidence was so taken, and that there was
such opportunity as aforesaid.
6. (1) Her Majesty the Queen in council may make, revoke, and alter
orders for the purpose of this act, and every such order shall be forthwith laid before both Houses of Parliament and published in the London Gazette.
(2) Any such order may contain any limitations, conditions, modifications, and exceptions which appear to Her Majesty in council
expedient for cairying into effect the object of this act.
7. (1) This act shall apply to the animal known as the fur seal, and
to any marine animal specified in that behalf by an order in council
under this act, and the expression "seal" in this act shall be construed
accordingly.
(2) This act shall apply to the seas within that part of the Pacific
Ocean known as Behring's Sea, and within such other parts of the
Pacific Ocean as are north of the forty-second parallel of north latitude,
and shall be in addition to and not in derogation of the provisions of
the Behring Sea award act, 1894.
(3) The expression " equipment " in this act includes any boat, tackle,
fishing or shooting instruments, and other things belonging to a ship. FUR-SEAL  FISHERIES  IN  BERING  SEA. 67
(4) This act may be cited as the seal fisheries (North Pacific) act,
1895.
(5) The seal fishery (North Pacific) act, 1893, is hereby repealed as
from the passing of this act, but shall be deemed until that passing to
have continued in force, and any order in council in force under that
act shall continue as if it had been made in pursuance of this act.
(6) This act shall remain in force until the thirty-first day of December, one thousand eight hundred and ninety-seven, and no longer unless
continued by Parliament.
SEAL FISHERIES (NORTH PACIFIC) ORDER IN COUNCIL 1895.
Present, the Queen's Most Excellent Majesty, Marquess of Salisbury,
Earl of Coventry, Lord Arthur Hill.
Whereas by "the seal fisheries (North Pacific) act, 1895,"it is enacted
that Her Majesty the Queen may by order in council prohibit, during
the period specified by the order, the catching of seals by British ships
in such parts of the seas to which that act applies as are specified by
the order; and that for carrying into effect an arrangement with any
foreign State an order in council may provide that the powers under .
the act of any commissioned officer on full pay in the naval service of
Her Majesty the Queen may, subject to any limitations, conditions,
modifications, and exceptions specified in the order, be exercised in
relation to a British ship, and the equipment, crew, and certificate
thereof, by such officers of the said foreign State as are specified in the
order, and that any such order may contain any limitations, conditions,
modifications, and exceptions which appear to Her Majesty in council
expedient for carrying into effect the object of that act ;
And whereas the said act applies to the seas within that part of the
Pacific Ocean known as Behring Sea, and within such other parts of
the North Pacific Ocean as are north of the forty-second parallel of
north latitude ;
And whereas an arrangement has been made between Her Majesty
the Queen and His Majesty the Emperor of Bussia whereby British
ships engaged in hunting seals within such parts of the said seas as
are hereinafter specified may be seized by Bussian cruisers:
Now, therefore, Her Majesty, in virtue of the powers vested in her
by the said recited act, and of all other powers enabling her in that
behalf, is hereby pleased, by and with the advice of her privy council,
to order, and it is hereby ordered, as follows :
1. From and after the date of the present order, until Her Majesty in
council shall otherwise direct, the catching of seals by British ships is
hereby prohibited within such parts of the seas to which the recited 68 FUR-SEAL  FISHERIES  IN  BERING  SEA
act applies as are comprised within the following zones (in this order
referred to as "the prohibited zones"), that is to say:
(1) A zone of ten marine miles on all the Bussian coasts of Behring
Sea and the North Pacific Ocean; and
(2) A zone of thirty marine miles round the Kormandorsky Islands
and Tulénew (Bobben Island).
2. The powers under the recited act of a commissioned officer on full
pay in the naval service of Her Majesty may be exercised in relation
to a British ship, and the equipment, crew, and certificate thereof, by
the captain or other officer in command of any war vessel of His Majesty the Emperor of Bussia (hereinafter referred to as an "authorized
Bussian officer"), bint subject to the limitations, conditions, modifications, and exceptions following, that is to say :
(1) The said powers shall not be exercised by an authorized Bussian
officer, except in relation to British ships engaged in hunting seals
(2) A British ship shall not be liable to seizure or detention by an
authorized Bussian officer by reason of the contravention of any regulations made under section 2 of the recited act.
(3) The powers under section 3 of the recited act of detaining any
portion of the equipment or any of the crew, and the powers under
section 4 of giving a provisional certificate in lieu of a ship's certificate
. which is seized and retained, or of indorsing on a certificate the grounds
on which it was seized, and of directing the ship to proceed forthwith
to a specified port, shall not be exercised in relation to a British shiip
by an authorized Bussian officer.
(4) Where an authorized Bussian officer in exercise of thesaid powers stops and examines and detains a British ship or her certificate of
registry, he shall as soon as possible hand over the ship, or deliver
or transmit the certificate, as the case may be, either to the commanding officer of a British cruiser or to the nearest British authority, as
defined by this order, and shall then, or within a reasonable time thereafter, satisfy such officer or authority that there were reasonable grounds
for the detention or seizure, and that the case is proper to be adjudicated in a British court, and also furnish to such officer or authority the
evidence sufficient, in the opinion of such officer or authority, for such
adjudication; and if the said Bussian officer fails to satisfy such officer
or authority, or to furnish to such officer or authority such sufficient
evidence as aforesaid, the said officer or authority may release the ship.
3. (1) Where the commanding officer of a British cruiser receives a
British ship from an authorized Bussian officer, and is satisfied that
there were reasonable grounds for the detention or seizure, and that
the case is proper to be adjudicated in a British court, he may exercise
the powers conferred by section 4 of theiecited act as if he had himself «topped and examined and detained the ship, and that section
shall apply accordingly. FUR-SEAL  FISHERIES  IN  BERING  SEA. 69
(2) Where the commanding officer of a British cruiser, or a British
authority, receives a British ship from an authorized Bussian officer,
and sends the case for adjudication in a British court, he shall, for the
purposes of section 76 of "The merchant shipping act, 1894," be deemed
to have himself seized or detained the said ship.
4. For the purposes of this order, the expression "British authority"
means any officer of customs in Her Majesty's dominions and any British consular officer having authority as such in any port.or place.
5. "The seal fishery (North Pacific) order in council, 1894," is hereby
revoked, without prejudice to anything done or suffered under that
order.
6. This order may be cited as "The seal fisheries (North Pacific)
order in council, 1895."
And the Most Honourable the Marquess of Salisbury, K. G., and the
Bight Honourable Joseph Camberlain, two of Her Majesty's principal
secretaries of state, and the lords commissioners of the admiralty are to
give the necessary directions herein as to them respectively appertain.
And whereas the immediate operation of this order is urgent, this
order shall come into operation forthwith, and shall be a provisional
order within the meaning of the rules publication act, 1893.
C. L. Peel.
ST! AT. FISHERIES (NORTH PACIFIC) ORDER IN COUNCIL 189S.
AT THE COURT AT "WINDSOR, THE 21ST DAT OF NOVEMBER, 1895.
Present, The Queen's Most Excellent Majesty, Lord President, Lord
Privy Seal, Marquess of Lansdowne.
Whereas by the "The seal fisheries (North Pacific) act, 1895," it is
enacted that Her Majesty the Queen may by order in council prohibit,
during the period specified by the order, the catching of seals by British ships in such parts of the seas to which that act applies as are
specified by the order; and that for carrying into effect an arrangement with any foreign State an order in council may provide that the
powers under the act of any commissioned officer on full pay in the
naval service of Her Majesty the Queen may, subject to any limitations,
conditions, modifications, and exceptions specified in the order, be
exercised in relation to a British ship, and the equipment, crew, and
certificate thereof, by such offices of the said foreign State as are specified in the order, and that any such order may contain any limitations,
conditions, modifications, and exceptions which appear to Her Majesty
in council expedient for carrying into effect the object of that act;
And whereas the said act applies to the seas within that part of the
Pacific Ocean known as Behring Sea, and within such other parts of
the North Pacific Ocean as are north of the forty-second parallel of
north latitude; 70 FUR-SEAL  FISHERIES  IN  BERING  SEA.
And whereas an arrangement has been made between Her Majesty
the Queen and His Majesty the Emperor of Bussia whereby British
ships engaged in hunting seals within such parts of the said seas as are
hereinafter specified may be seized by Bussian cruisers;
And whereas Her Majesty was pleased, by and with the advice of
Her Privy Council, on the 24th%day of August, 1895, to make an order
in council as a provisional order within the meaning of the rules publication act, 1893; ^slii^l
And whereas the provisions of the rules publication act, 1893, have
been complied with :
Now, therefore, Her Majesty, in virtue of the powers vested in her
by the said first-recited act, and of all other powers enabling her in
that behalf, is hereby pleased, by and with the advice of Her Privy
Council, to order, and it is hereby ordered, as follows :
1. From and after the date of the present order, until Her Majesty
in council shall otherwise direct, the catching of seals by British ships
is hereby prohibited within such parts of the seas to which the recited
act applies as are comprised within the following zones (in this order
referred to as "the prohibited zones"), that is to say:
(1-) A zone of ten marine miles on all the Bussian coasts of Behring
Sea and the North Pacific Ocean; and
(2) A zone of thirty marine miles round the Kormandorsky Islands
and Tulénew (Bobben Island).
2. The powers under the recited act of a commissioned officer on full
pay in the naval service of Her Majesty may be exercised in relation
to a British ship, and the equipment, crew, and certificate thereof, by
the captain or other officer in command of any war vessel of His
Majesty the Emperor of Bussia (hereinafter referred to as an "authorized Russian officer"), but subject to the limitations, conditions, modifications, and exceptions following, that is to say :
(1) The said powers shall not be exercised by an authorized Bussian
officer, except in relation to British ships engaged in hunting seals
within either of the prohibited zones.
(2) A British ship shall not be liable to seizure or detention by an
authorized Bussian officer by reason of the contravention of any regulations made under section 2 of the recited act.
(3) The powers under section 3 of the recited act of detaining any
portion, of the equipment or any of the crew, and the powers under
section 4 of giving a provisional certificate in lieu of a ship's certificate
which is seized and retained, or of indorsing on a certificate the grounds
on which it was seized, and of directing the ship to proceed forthwith
to a specified port, shall not be exercised in relation to a British ship
by an authorized Bussian officer.
(4) Where an authorized Bussian officer in exercise of the said powers stops and examines and detains a British ship or her certificate of
registry, he shall, as soon as possible, hand over the ship or deliver or
transmit the certificate, as the case may be, either to the commanding FUR-SEAL  FISHERIES  IN  BERING  SEA. 71
officer of a British cruiser or to the nearest British authority, as defined
by this order, and shall then, or within a reasonable time thereafter,
satisfy such officer or authority that there were reasonable grounds for
the detention or seizure, and that the case is proper to be adjudicated
in a British court, and also furnish to such-officer or authority the evidence sufficient, in the opinion of such officer or authority, for such
adjudication ; and if the said Bussian officer fails to satisfy such officer
or authority, or to furnish to such officer or authority such sufficient evidence, as aforesaid, the said officer or authority may release the ship.
3. (1) Where the commanding officer of a British cruiser receives a
British ship from an authorized Bussian officer, and is satisfied that
there were reasonable grounds for the detention or seizure, and that
the case is proper to be adjudicated in a British court, he may exercise
the powers conferred by section 4 of the recited act as if he had himself stopped and examined and detained the ship, and that section
shall apply accordingly.
(2) Where the commanding officer of a British cruiser, or a British
authority, receives a British ship from an authorized Bussian officer,
and sends the case for adjudication in a British court, he shall, for the
purposes of section 76 of "the merchant shipping act, 1894," be
deemed to have himself seized or detained the said ship.
4. For the purposes of this order the expression "British authority"
means any officer of customs in Her Majesty's dominions and any British consular officer having authority as such in any port or place.
5. "The seal fishery (North Pacific) order in council, 1894," is hereby
revoked, without prejudice to anything done or suffered under that
order.
6. This order may be cited as "the seal fisheries (North Pacific) order
in council, 1895."
And the Most Honourable the Marquess of Salisbury, K. G., and the
Bight Honourable Joseph Chamberlain, two of Her Majesty's principal
secretaries of state, and the lords commissioners of the admiralty,
are to give the necessary directions herein as to them respectively
appertain.
C. L. Peel.
regulations governing vessels employed in sea-otter hunting during
the season of 1896, under revised statutes, section 1956, and act of
congress approved february 21, 1893.
Treasury Department,
Office of the Secretary,
Washington, B. C, April 29,1896.
Every vessel employed in sea-otter hunting, or in transporting sea-
otter parties, shall have in addition to the papers now required by law
a special clearance and license.
J <^ FUR-SEAL  FISHERIES  IN  BERING   SEA.
Article n.
No vessels propelled by steam shall be employed in sea-otter hunting
within territorial waters—that is, within three miles of the shore—or
for the purpose of transporting sea-otter hunting parties within said
territorial waters. Only sailing vessels and boats propelled by oars
or paddles shall be so employed.
Article IH.
The master of any vessel having on board skins of sea otter, mink,
marten, sable, fur seal, or other fur-bearing animals, shall, before unlading the same, report to the collector of customs at the first port of
arrival of his vessel in the United States, and shall file a manifest in
detail of such skins with said collector.
Article IV.
Masters of vessels failing to comply with these regulations will be
considered to have violated the provisions of Section 1956 of the Ee-
vised Statutes, hereinafter annexed, and will be liable to the penalty
described therein.
Sec. 1956. No person shall kill any otter, mink, marten, sable, or fur seal, or other
fur-bearing animal within the limits of Alaska Territory, or in the waters thereof;
and every person guilty thereof shall, for each offense, be fined not less than
two hundred nor more than one thousand dollars, or imprisoned not more than
six months, or both; and all vessels, their tackle, apparel, furniture, and cargo,
found engaged in violation of this section shall be forfeited; but the Secretary of
the Treasury shall bave power to authorize tho killing of any such mink, marten,
sable, or other fur-bearing animal, except fur seals, under such regulation as he may
prescribe; and it shall be the duty of the Secretary to prevent the killing of any
fur seal, and to provide for the execution of the provisions of this section until it
is otherwise provided by law; nor shall he grant any special privileges under this
Article V.
It will be the duty of the officers of the United States who may be
in localities where sea otter are taken, or who may have knowledge of
any such offense having been committed, to take all proper measures
to enforce the penalties of the law.
Article VI.
Vessels which have cleared in good faith for sea-otter hunting prior
to the issuance of these regulations shall not be seized for a breach
thereof made in good faith, without knowledge of said regulations.
Masters of said vessels shall, however, be warned by the United States
officers charged with the enforcement of these regulations, and shall
be given a copy thereof.
Article VII.
The foregoing regulations are intended to apply only to the season of
J. G. Carlisle, Secretary. IFDEX.
Acta of Congress : Page.
Revised Statutes, section 1956  1
March 2, 1889, relating to salmon fisheries     8,36
Proclamation of	
Rules and regulations thereunder	
April 24, 1894, amending section 1, aot of.
June 5, 1894, supplementary to aot of Apri
citizens of the United States	
1891. "Seal fishing (Behring's Sea), aot of
1894. "Bel
Towhal
. 14,30
tide HI, order in c <
raid of Tribunal...
Annex to', B..
Annex to, C.. 74                                           index.
Page.
Violation of, presumption of	
         27
Award act (Parliament), "Behring Sea award act, 1894"
  45-50
Proceedings in court thereunder	
        48
        48
B.
"British authority," meaning of	
  69,71
British ships :
Sealing by, permitted... 	
Seizure of 	
C.
  60,61,63
 42,44,45,46,59,65,68
Claims, findings of Tribunal as to	
  20-23
Commission, joint, to be appointed           8       1
To investigate habits of salmon	
9 16
610
Corwin, revenue steamer, seizures by	
        22
"Seal fishing (Behring's Sea), order in council, 1891 "
"Seal fishing (Behring's Sea), order in council, 1892"
"Seal fishing (Behring's Sea), order in council, 1893"
"Seal fishing (North Pacific), order in council, 1893"
"Seal fishing (North Pacific), order in council, 1894"
  38-39
  39-40
  40-41
  44-45
"Behring Sea award, order in council, 1894"	
"Behring Sea award, order in council (No. 2), 1894" j
"Behring Sea award, order in council, 1895"	
"Seal fisheries (North Pacific), order in council, 1895"
91
D.
Dolphin	 Dominion of United States.    Section 1956, Revised Statut
" Equipment," meaning of	
Explosives not to be used	
Extension, section 1956, Revised Statute
Facts, findings of 20-23
Favourite        22
Findings of facts by Tribunal  20-23
Firearms, use of, prohibited  19,24,25,29,30,49
First schedule   48-50
Fitness to engage in sealing 24,29,33,49,61,63
Flag, sealing  19,24,25,28,30,33,49,60,61,63
Fur-bearing animals.   Section 1956, Revised Statutes, extended to area of Paris
award under act of February 21,1893        35
Grace .•        22
Great Britain:
Agents of, to visit Seal Islands    5-12
Questions of facts submitted by  20-22
Will pay, in what cases        12
I.
Legal procedure under "Behring Sea award act, 1894" 51-58
Liability of contracting parties     9-16
Libel of seized vessels        21
License, sealing 19,24,26,28,33,46,49,60,61,63
License, form of  34,64
Lily        22
List of vessels warned, etc        22
Log, official, entries in  19,24,26,28,30,34,49,65
Master of ship, guilty, etc        47
Meaning of "equipment"  38,43,48,66
Meaning of "British authority"  69,71
J Men, fitness of 24,25,29,30,33,49,6:
Merchant Shipping act, 1854           5(
Merchant shipping act, 1876        5f
Minnie        2!
Modus vivendi, June 15, 1891      4-!
Modus-vivendi, May 9, 1892, renewal        |
Howteïminate         1!
Renewal of  11-15
Violators of, to be seized    5-12
Municipal law not affected ;  19,24,29,4!
it to be used  19,24,25,29,30,49
Obstructions in rivers       3
Official log  19,24,26,28,30,34,49,65
Onward        22
Order directing seizures        21
Orders in council and acts of Parliament  37-71
Orders in council :
" Seal fishing ( Behring's Sea), order in council, 1891 "  38-39
"Seal fishing (Behring's Sea), order in council, 1892"  39-40
"Seal fishing (Behring's Sea), order in council, 1893" 40-41
" Seal fishing (North Pacific), order in council, 1893 "  43-44
" Seal fishing (North Pacific), order in council, 1894 "  44-45
Revoked        69
"Behring Sea award, order in council, 1894" 58-60
"Behring Sea award, order in council (No. 2), 1894"  61-62
" Behring Sea award, order in council, 1895 "  62-63
" Seal Fisheries (North Pacific), order in council, 1895 "  67-69
Parliament, acts of, and orders in council  37-71
Pathfinder-        22
Pelagic sealing permitted  19,24,25,28,49
Pelagic sealing prohibited  18,23,25,28,29,39,40,49,64
Penalty prescribed  26,37,41,46,61,63,65
Points submitted, decision on  17-18
President, the :
To make regulations  26 30
To cause seizures to be made  4,27,31
To cause vessels to cruise in Bering Sea 4,27,31
Proclamation by—
Modus vivendi      4_5
Agreement of arbitration       6-10
Renewal modus vivendi   11-13
Award act (Congress)  28-31
Season of 1896, regulations  35-37
Extension of Revised Statutes, section 1956, over award area        35
Presumption of violation   27
Pribilov Islands  18,23,25,28,29,36
Prize, jurisdiction   „         20
Procedure, legal  51-58 INDEX. 77
Procedure, legal in Scotland   55-58
Proclamations by the President 4-5,6-10,11-13,28-31,35-37
Provisional certificate        42
Prohibited, the taking, etc., of seals  3,4,11,
18,23,25,28,29,35,36,37,39,40,41,44,45,49,64,67,70
Proof.Ties with master or owner  38,42
Protection, area of  18,23,25,28,29,36,45,49,68
Regulation
How terminated  19.25
Revised Statutes, United States  3,4,35
Rush, revenue steamer           22
Rules and regulations, 1896  33-34
S.
Salmon :
Aot of Congress, March 2,1889 -,  3
Ascent of rivers  3
Habits to be investigated  3
Fishing methods to be investigated  3
Sohedules  48-51
Scotland, legal procedure in  55-58
Sea, Bering, limits of, defined  39,40
Sea otter, regulations for 1896  71-72
Sealing of arms, etc  32,34
Sealing :
By Indians, permitted  19,24,26,30,49,50
License for  19,24,26,28,33,46,49,60,61,63
Pelagic, permitted  19,24,25,28,29,39,40,49,64
Regulations for        65
Number taken by United States under modus vivendi     4,11
Taken to be entered in log  19,24,26,28,30,34,49,65
Taking, etc., of, prohibited  3,4,11,18,23,
25,28,29,35,36,37,39,40,41,44,45,49,64,67,70
Seized vessels, list of        22
Seizures under modus vivendi :
Made by either party    5,12
Delivered to proper Nation    5,12
Jurisdiction to try     5,12
Why made        20
Seizures under award act  27,31
Shipping act, 1854          r,0
Shipping act, 1876        58
Shotguns in sealing  19,24,26,49
Sixty-mile limit  18,23,25,28,29,36,49
Special license  19,24,26,28,33,46,49,60,61,63
Termination, renewed modus  --        12
Territorial waters, outside of  19,25,26,29,30,50
Thornton        22
Tribunal, Arbitration  7,8,9,15,17,18,23
J 78 INDEX.
U. Page.
United States :
List of vessels seized or warned by        22
Questions of fact acknowledged    ..       22
Seizures authorized by   -        20
Will pay, in what cases        12
V.
Vessels, list of, etc        22
Vessels, sealing, to report to -          34
Violators, award act, where prosecuted  27,30
W.
W.P. Sayward        22
Z.
Zones, prohibited..» 18,23,25,28,29,36,45,49,68  

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