274 ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 



lation at all which would permit pelagic sealing in any degree, it would 

 be such a one as this — tliat pelagic sealing should be limited to tlie 

 winter months, when sealers cannot put to sea on account of the stormy 

 and boisterous weather, and when the seals cannot be found. Such a 

 Regulation might be satisfactory enough. It would, theoretically, 

 tolerate pelagic sealing, but it would, in reality, be a i)r()hibition of the 

 pursuit; and it is best to say at once that the prohibition should be 

 made ahsolute, and that pelagic sealing should not be indulged in at 

 all, in any form, at any time, under any circumstances. 



We are, therefore, able to present no other scheme; but, perhaps, I 

 ought, out of courtesy to the other side, and to the Ihitish Oommis- 

 sioners, to consider what has been proposed. And 1 suppose we may 

 say that if there is a possible way to retain x)elagic sealing in any 

 degree, without endangering the existence of the herd — these British 

 Commissioners can find it out and present it. They have made a pro- 

 found study of the subject, and if tlie i)roblein is capable of any solu- 

 tion which will preserve pelagic sealing at all, they must have found it 

 out. And if they have discovered none, we may conclude that none is 

 possible, and, therefore, I propose to see what tlieir scheme is. 1 have 

 cited it at i)age 201 of the printed Argument of the United States. 

 It is as follows: 



ir>o. In view of the actual condition of seal life as it presents itself to ns at the 

 j)iesent time we believe that the requisite decree of protection would bo afforded by 

 the ap])lieation of the followinj^' speeitic limitations at shore and at sea: 



(a) V\ie maxinnim number of seals to l)e taken on the Pribilof Islands to be lixed 

 at 50,000. 



(ft) A zone of protected v/aicrs to be established, extending to a distance of 20 

 nautical miles from the islands. 



(c) A close season to be i)rovid(ul, extendino- from the 15th September to the 1st 

 May in each year, during which all killing of seals shall be prohibited, with tlie 

 additional provision that no sealing vessel shall enter Behring Sea before the Ist 

 July in each year. 



156. Respecting the compensatory I'eature of such s]>i'cific regulations, it is believed 

 that a just scale of eijuivalency as between shore and sea sealing would be found, 

 a.ud a complete check established against any undue diminution of seals, by adopting 

 the following as a unit of compensatory regulation: 



For each decrease of 10,000 in the number lixed for killing on the islands, an 

 increase of 10 nautical miles to be given to the width of protected waters alioiit the 

 islands. The minimum number to be iixed for killing on the islands to be 10,000, 

 corresponding to a maximum width of protected waters of 60 nautical miles. 



157. The above regulations rejjresent measures at sea and ashore sufficiently equiv- 

 alent for all practical jiurposes, and ])robably embody or provide for regularions as 

 apiilicd to scaling (Ui the high si-as as stringent as would be admitted by any maritime 

 power, whether directly or only potentially interested. 



There is the scheme. Its features are these: first, a linntation of the 

 killing on the islands to r)0,()0() seals; second, a protected zone of 20 

 nautical miles around the islands at all times, with a ]>rovision for 

 increasing that protection by an increase of 10 miles for every reduction 

 of 10,000 which might be made in the numlier of seals killed on the 

 islands. That is to say, if the number to be killed on the islands was 

 reduced from 50,000 to 10,000 then the jnotected area^ would be oO miles; 

 if the number killed were reduced to 30.000, then the area would be 10 

 miles; if reduced to 20,00il, then the area would be 50 miles; if reduced 

 to 10,000 then the area, would be extended to (50 miles in diameter; and 

 if this sliding scale slionld be further extended, and killing should be 

 absolutely irrohihifrd on the islands, you might have a protected area of 

 70 miles in diameter! The British Commissioners do not suggest that 

 last limitation. They say the minimum limit of killing on the islands 

 should be 10,000; then they propose a close season extending from the 



