48 ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 



tlie truth itself: and that wlieii the rejiort was received from sneli gen- 

 tlemen, its coiiclusions should be absolutely relied upon by the two 

 Governments as the basis of their action. This is his suggestion. 

 He further says in this note: 



I have the Lonor to enclose the draft of a prelim iuary convention wbicli I have 

 prepared, providing for the appointment of a mixed commission, who are to report 

 on certain specilic (juestions within two years. 



This matter has been alluded to already in the long debate heretofore 

 had before you u})on the motion to reject the supplementary rejmrt of 

 the Commissioners of Great Britain. It is important, however, that I 

 should briefly allude to it now. The draft convention which lie pro- 

 posed is contained in the same iiart of Volume Three, Appendix to the 

 British Case, page 457 : 



The North American Seal Fishery Convention. 



Conrenlion between Great r>rUa'ni, Eussia, and the United States of America, in relation to 

 the fiir-seal fishtrij in the Behring Sea, the Sea of Ochotsk, and the adjoining waters. 



PREAMBLE. 



The Governments of Rnssia and of the United States having represented to the Gov- 

 ernment of Great Britain the urgency of regulating, by means of an international 

 iigreemeut, the fnr-seal fishery in Behring Sea, the Sea of Ochotsk, and the adjoining 

 waters, for the preservation of the fnr-seal species in the North Pacific Ocean; and 

 <lifferences of o])inion having arisen as to the necessity for the proposed agreement, 

 in consefjiience wlier<M)f the three Governments have resolved to institute a full 

 inquiry into the subject, and pending the result of such inquiry, to adopt temporary 

 measures for the restriction of the killing of seals during tlie breeding season, with- 

 out prejudice to the ultimate decision of the (|ue8tious in difference in relation to the 

 said fishery. 



The said three Go^•ernments ha^■e appointed as their respective plenipotentiaries. 



Who, after having exchanged their full ]1()\^ ers which were found to be in good 

 and due form, have agreed upon the following articles: 



Article I. 



MIXED COMMISSION OF EXPERTS TO BE APPOINTED. 



The High Contracting Parties agree to appoint a mixed commission of experts who 

 shall in([uire fully into the subject and re])ort to the High Contracting Parties 

 within two years from the date of this convention, tlie result of their investigations, 

 together with their opinions and recommendations on the following questions: 



1 ) Whether regulations properly enforced n])o]i the breeding islands (Robin Island 

 in the Sea of Ochotsk and the Commander Islands and the Pribilov Islands in the 

 Behring Sea) and in the territorial waters surrounding those islands are sufficient 

 for the preservation of the fur-seal species? 



2) If not, how far from the islands is it necessary that such regulations should be 

 enforced in order to preserve the species? 



3) In either of the above cases, what should such regulations provide? 



4) If a close season is required on the breeding islands and territorial waters, what 

 months should it embrace? 



5) If a close season is necessary outside of the breeding islands as well, what extent 

 of waters and what 2)eriod or periods should it embrace? 



Article II. 



ON RECEIPT OF REPORT OF COMMISSION Ql'ESTION OF INTERNATIONAL REGULATIONS 

 TO BE FORTHWITH DETERMINED. 



On receipt of the re])ort of the Commission and of any separate reports which may 

 be made by individual commissioners, the High Contracting Parties will ]iroceed 

 forth v.'ith to determine what international regulations, if any, are necessary for the 

 purpose aforesaid, and any regulations so agreed upon shall be embodied in a furthei^ 

 Convention to which the accession of the other ])Ower shall be invited. 



