ARGUMENT OF GREAT BRITAIN. 45 



CONCLUSION FROM FOREIGN LAWS. 



None of the coantries above specified profess to control 

 tlie killing of seals by extra-territorial iirovisions, or by 

 interfering with foreigners on the high seas, or in any 

 other way than in accordance with the principles already 

 established; nor do the}' profess to claim a property in or 

 a right of protection of seals in the high sea. 



The first contention of the United States, that seal life 

 is protected by extra territorial laws of other countiies 

 applicable to foreigners, is therefore shown to be without 

 foundation. 



EXAMINATION OF SECOND CONTENTION OF THE UNITED 

 STATES AS TO LAWS OF OTHER NATIONS. 



A further contention of the United States is that, not 

 seal fisheries only, but other fisheries, are in-otected by 

 extraterritorial laws of other nations, and that they are 

 extended to foreigners. 



The contention is based on the following exami^les: 



British. 



Irish oyster fisheries. 



Scotch herring fisheries. 



Ceylon pearl fisheries. 



Queensland and West Australian pearl fisheries. 



Foreign. 



France. 



Algerian coral fisheries. 

 Italian coral fisheries. 

 Norwegian whale fisheries. 

 Colombian pearl fisheries. 

 Mexican pearl fisheries. 



From these examples, an inference is attempted to be 

 drawn that the United States are warranted in deiiiaiuliiig 

 from other nations acquiescence in their claim that tlieir 

 legislation for Alaska should apply to the seal fishery in 

 Behring Sea. 



EXAMINATION OF BRITISH FISHERY LEGISLATION. 



The contention that British fishery legislation is extra- 

 territorial, or, if extra-territorial, that it extends to lor- 



eigners, remain to be considered. 

 50 It is later pointed out that considerations api)ly (fosf, p. 50.) 



to the case of oyster, pearl, and coral fisheries, wiiich 

 have no application to the case of free swimming fish or 

 animals. 



Irish Oyster Fisheries. 



The law dealing with the oyster fishers on the coast of 

 Ireland is shortly as follows: 



The Statute permits the Irish Fishery Commissioners to 3ianci32Vict., 

 regulate, by bye-laws, oyster dredging on banks 20 miles ^q ^»p- *^' ^ec. 67. 



