ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 53 



Sir Charles Russell.— Undoubtedly. What is not known about 

 tlie fur-seals would fill volumes, but I was following this up. On page 

 22, paragraph 138, you will see the straightforward way in which these 

 Commissioners meet the allegation by admitting it. As to what is the 

 allegation which can truly be made against pelagic sealing they say, in 

 paragraph 137 : 



An equitable basis of protection is therefore not to be found in the adoption of 

 any simple ami corresponding close season, including a part of each year applicable 

 to both shore and sea alike; but as pelagic sealing might easily be regulated by the 

 adoption of a close season, while shore sealing might with equal facility be governed 

 by a limit of number, it seems probable that some compromise of interest may be 

 arrived at by a combination of these methods. 



If certain'mouths should be discussed as a close time for sealing at sea, it becomes 

 important to inquire which part of the season is most injurious to seal life in pro- 

 portion to the number of skins secured, and to this inquiry there can be but the one 

 reply, that the most destructive part of the pelagic catch is that of the spring, 

 during which time it includes a considerable proportion of gravid females, then 

 commencing to travel on their way north to bring forth their young. It is on similar 

 grounds and at corresponding seasons that protection is usually accorded to animals 

 of any kind, and, apart from the fact that these seals are killed upon the high seas, 

 the same arguments apply to this as to other cases. 



Now if you refer back to the paragraph as to which you asked me a 

 question a moment ago — paragraph 132 on the previous page — the 

 time they are there referring to, and the catch, is in the month of Jan- 

 uary, when they are small; and February, March and April, when they 

 say they are much more considerable. 



The President. — Yes, but they say the most destructive part of the 

 pelagic catch is that of the spring. 



Sir Charles Eussell. — That is w^hat I am pointing out. 



Lord Hannen. — Do not they mean destructive in the sense of it 

 destroying gravid females? 



Sir Charles Eussell. — That is it. 



The President. — That seems to imply that that is a reason why it 

 ought to be closed. 



Sir Charles Eussell. — That is undoubtedly what they say. 1 am 

 calling attention to it — as I should if I had no other reason for it — in 

 order that the Tribunal may have a fair idea of their Eeport. I am 

 calling attention to this as proof of the straightforwardness of the 

 British Conmiissioners — that they are admitting that the pelagic catch 

 which takes place to a small extent in January, to a greater extent in 

 February, March and April, is the portion of the catch which includes 

 the greater proportion of gravid females, and therefore is, in propor- 

 tion to the catch, more destructive. 



The President. — The pelagic catch is that of the spring. That 

 would include — the end of the spring — the month of May. They pro- 

 pose a new close season, on page 25, from the first of May. 



Sir Charles Eussell. — No, Sir, as they say, in May and June the 

 seals are found further North, and these are good sealing months. 



The President. — At page 25 they say the close season is to be pro- 

 vided from the 15th September to the first of May. It might be said 

 to be those three months during which sealing is destructive. 



Sir Charles Eussell. — I think I shall show you when I come to that 

 part of the case, that that is not so. By that time the great bulk of the 

 gravid females have got very nearly up to the Behriug Sea. 



Mr. Justice Harlan. — By the first of May. 



Sir Charles Eussell. — Well, I do not say they have all got into 

 the Behring Sea by the first of May. However, it is rather anticipa- 

 ting what I have to say on that subject of regulations; but still we con- 



