Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-11-20
THE BERINGSEA CASE.
Negotiations Pending in Regard to
Penalties to Be Provided
FOR VIOLATION OF THE REGULATIONS
Adopted by the Board Of Arbitration
at Paris.
QUESTION AT ISSUE.

~
The pending negotiations between the
United States and Great Britain in regard
to the Boring sea matter relate principally
to an agreement for penalties for violations
of the regulations for the protection of the
sealing industry, adopted by the board of
arbitration at Paris. 1t appears that that
tribunal overlooked entirely the matter of
penalties. 1t made certain regulations to
that end for the benefit of citizens of the
United States and Great Britain in the
hunting of seals, but omitted to provide a
penalty for a violation thereof. According
to Secretary Gresham. law that can be
violated without fear Of penalty or punish
ment is Of very little practical effect, and Is
very little better than no law at all. He
discovered this important oversight in the
sealing regulations adopted at Paris and
opened negotiations with the British gov
eminent through Ambassador Pauncefote
at Washington, with view Of uniform ac-
ton in this matter before the final adoption
of the regulations by the countries In inter-
est.
Concurrence of Other Governments.
Another question that forms the basis OF
negotiation is the concurrence of the gov
ernments of Russia. Japan. China and other
nations in the findings of the Paris tri-
bunal These findings, together with the
decisions of the several arbitrators, VIII be
printed in Paris and distributed thence by
the agents of the governments of the Unit
ed States and of Breat Britain on the LIST OF
January.
The regulations may be enforced either by
executive order or legislation. The latter
method will probably be adopted. At any
rate a proclamation by the President and
h, Prif council will eventually be
made to carry out the judgment OF the tri-
bunal. The modus vivendi last agreed upon
between the United States and Great BIZ
tain remains in force until terminated by
joint action of the parties But it applies
only to the Boring sea, and while waiting
for concurrent legislative action, its pro-
visions it is thought, might properly be eX-
tended to the surface over which closed
period is to be maintained by executive or
der part of the year by the terms of the de-
cision of the tribunal.
The Regulations Adopted.
The regulations adopted by the arbitra-
tors at the instance of the counsel for the
United States, for the protection and pres
ervation of the seals are as follows:
Article l. The United States and Great
Britain shall forbid their citizens and sub
jects respectively to kill, capture or pursue
at any time or in any manner whatever
the animals commonly called fur seals with
in a zone of sixty miles around the Priby-
loff Islands, inclusive of the Teyl waters.
the miles being geographical miles. sixty to
a degree OF latitude.
Article q The two governments shall for
bid their citizens or subjects to Kill, capture
or pursue in any manner whatever during a
season extending in each year from May IL
to July 81 inclusive fur seals on the high
sea in that part Of the Pacific ocean. in
elusive of Boring sea, situated north Of the
I lotfr -ovI OF
the 18th degree of longitude from Green
witch until it strikes the water boundary de-
scribed In article IL of the treaty Of 1867 be-
tween the United States and Russia. fol
| lowing that line up to Boring straits.
| Article 3. During the period of time in
the waters in which fur sealing is allowed
only sailing vessels shall be permitted &c
carry on or take part in fur sealing opera
avail themselves of the use of such canoes
or unlocked boats propelled by paddles, oars
or sails as are in common use.
Article 4. Each sailing vessel authorized
to carry on the fur sealing must be pro-
vided with a special license issued for the
purpose by its government. Each vessel SC
employed shall be required to carry a dis
tinguishing flag prescribed by its govern
ment.
Article 5. The masters of vessels engaged
in fur sealing shall enter accurately in an
official log book the date and place of eacf
operation. the number and the sex Of tbs
SSdlS NdpluIcu lHtct sinai
be exchanged by each of the two govern
ments to each other at the end of each sea
son.
! Article 6. The use of nets, firearms Of
explosives is forbidden in fur sealing Thes,
restrictions shall not apply to shotguns
when such are used in fishing other hide
bearing animals during the season wher
such be carried on.
Article Z. The governments shall TAX,
steps to control the fitness of the mer
authorized to engage in sealing. These mer
shall have been proved fit to handle witt
sufficient skill the weapons by means o
which seal fishing is carried on
Article s. The preceding regulations shall
not apply to Indians dwelling on the coas
of the territories of the United States O.
Great Britain. or carrying seal fishiny
in canoes or boats not transported by @
used in connection with other vessels an,
propelled wholly by handles oars or sails
and manned by not more than five person
in the way hitherto practiced by the In
dams, provided that such Indians are no
employed by other persons. and provide,
that within such canoes or unlocked boat
the Indians shall not hunt fur seals out
side the territorial waters under contrac
to deliver skins to anybody.
The exemption is not to be construed 4
anect the municipal law of either country
nor shall IL extend to the waters of Rerin,
sea or the waters around the Aleutian is
ianas Notning herein stated is intended {
interfere with the employment Of Indian
as hunters or otherwise in connection wifi
sealing vessels as heretofore
Article 8. The concurrent Arrangement
hereby determined with view to the pro
lection and preservation of the fur seal
shall remain in force until they have bee,
wholly or in part abolished or modified b
common agreement between the Unite
States and Great Britain. Said concurren
arrangements shall be submitted every fiv
years to new commission in order to en-
able both governments to consider whethe,
in the light of past events there is occa
sion to make any modification thereof.
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