205 



United States, siini)ly as the owner of the fur seal industry inaintained 

 by its authority on the ishiuds of St. Paul and St. George, and under 

 the doctrine of self- protection, may employ such means, including force, 

 as may be necessary to i^revent the commission of acts which will 

 inevitably result in the speedy extermination of this race of animals, 

 the basis of that industry, while they are in the high seas beyond terri- 

 torial waters, and temporarily absent from their breeding grounds or 

 land home on those islands. 



4. 



COIVCITRKENT REOUT. ATIOIVS. 



The Tribunal having determined that the Government of the United 

 States has no authority or jurisdiction in Bering Sea, beyond the ordi- 

 nary limit of territorial waters, except such as appertains equally to all 

 nations, and that it has no right of property in, nor any right toi)ro- 

 tect, the fur seals frequenting its islands in that sea, when they are 

 found outside of the ordinary three-mile limit, what is our duty in 

 respect to Concurrent Eegulations for the protection and preservation 

 of these animals? 



We have seen that by the Seventh Article of the Treaty, under 

 which the Tribunal is proceeding, it is provided: 



"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 Eegulations for the proper protection and preservation of the fur 

 seal in, or habitually resorting to, the Bering Sea, the Arbitrators shall 

 then determine what con<;urreat Eegulations outside the jurisdictional 

 limits of the respective Governments are necessary, and over what 

 waters such Eegulations should extend, and to aid them in that deter- 

 mination the 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 Eegulations." 



It is unnecessary to determine whether the words " foregoing ques- 

 tions" in this Article refer to the questions specifically mentioned in 

 Article VI, or to those of a more general character enumerated in 

 Article I of the Treaty. In either case, we must proceed to consider 

 the subject of Eegulations; for, if the United States has no "exclusive 

 jurisdiction" over the waters traversed by these seals in their annual 

 migrations (as clearly it has not); if, as the majority of the Arbitrators 



