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



Mr. Phelps. — What is the statement of fact? 



Sir Charles Russell. — I have just read it at page 87 of the Case. 



Mr. Phelps. — But I mean in the British Commissioners' Keport. 



The President. — Yes, the evidence of it. 



Sir Charles Russell. — I must be allowed to state it in my own 

 way. There is the statement of fact which is capable of being chal- 

 lenged if not true. ISTow I will show the reference to the British Com- 

 missioners' Report. 



Tbere is set out on page 154 a circular letter of enquiry which they 

 addressed to, among other Colonies, the Falkland Islands: it is as 

 follows : 



The Department of Fisheries of the Dominion of Canada, in connection with ques- 

 tions relating to the fur-seal tisheries of the North Pacific, is desirous of obtaining 

 all possible information relating to the fur-seal fisheries of the Soutliern Hemisphere. 

 The southern fur-seal, or "sea-bear" (of the family of eared seals, or Otaridw), is 

 known to have formed the object of an important industry in the early part of the 

 present century, but the islands on which it once abounded are now reported, and 

 believed to be, almost entirely depleted of seals. As the habits and life-history of 

 the fur-seal of the North Pacific appear to be closely similar to those of the allied 

 seals of the Southern Hemisphere, it is Thought probable that the history of the 

 decline of the southern fisheries may afford some facts haviiig a direct bearing on the 

 fur-seal fisheries of the North Pacific, and may serve to indicate a proper mode of 

 protection to be accorded to these fisheries, if such should be found necessary. 



In this connection, it would be of particular interest to know for each of the seal 

 islands or sealing-gronnds of the Southern Hemisphere: 



1. Whether the decline or destruction of the tisliery is attributable to the slaughter 

 of the seals while on shore at their breeding-places, or to their pursuit at large ou 

 the circumjacent ocean. 



2. In what manner the fur-seal fishery has been and is conducted in each particular 

 locality. 



3. Whether any, and, if any, what measures have been taken by A^arious Govern- 

 ments towards the protection of the fur-seal fisheries in their territories or in places 

 within their jurisdiction; and, further, if any such measures are known to have 

 proved successful in preserving or rehabilitating the fisheries. 



4. Generally, any particulars as to the life-history of the animal, its migration, 

 season of bringing forth its young, and the habits of the seals while engaged in 

 suckling and rearing the young. 



Now the answer is on page 456. 



The main cause is due to the reckless and indiscriminate slaughter of the seals 

 during their breeding season. 



And so on. 



H. H. Waldrox. — The decline in the Southern Hemisphere, including the Falk- 

 lancls, is to be attributed to the indiscriminate slaughter of the females during the 

 breeding season, whereby the young perish. Pursuit in the high seas is not carried 

 on to any extenii. 



1135 Then. 



Question 2. In what manner the fur-seal fishery has been, or is, conducted in each 

 particular locality. 



J. J. Feltox.— Formerly, by means of whale-boats; later on, by cutters and 

 schooners. They w^ould be fitted out for the " pupping " and the '' shedding" seasons; 

 as many men would be taken as possible, armed with clubs, spears, and guns, and, 

 landing at the breeding places, they would line the beach and endeavour to turn the 

 seals from taking to the water. 



And so on, and that is repeated. 



Whether any, and, if any, what measures have been taken by various Governments 

 towards the protection of the fur-seal fisheries in tlieir territories, or in places within 

 their jurisdiction; and, further, if any such measures are known to have proved 

 successful in preserving or rehabilitating the fisheries. 



J. J. Felton. — In the Falklands, since the close season was enacted, there has 

 heen an increase of seals; but foreign scliooners occasionally break the law. 



J. J. GooDHART. — See answer to Question I. 



