MODUS VIVENDI OF 1892. 7 



Article II. 



The United States Government will in-oliibit seal-killing for the same 

 period in the same part of Behring's Sea, and on the uuited states win 

 shores and islands thereof, the property of the United proiubit seal killing 

 States (in excess of seven thousand live hundred to be 

 taken on the islands for the subsistence of the natives), and will 

 promptly use its best efforts to ensure the observance of this prohibi- 

 tion by United States citizens and vessels. 



Article III. 



Every vessel or person offending against this jorohibition in the said 

 waters of Behriug Sea outside of the ordinary territorial limits of the 

 United States, may be seized and detained by the ^, . 



, ii 1 1 • • 1 £G n -J.! /• Seizure of vessels. 



naval or other duly commissioned oihcers oi either ot 

 the High Contracting Parties, but they shall be handed over as soon as 

 practicable to the authorities of the Nation to which they respectively 

 belong, who alone shall have jurisdiction to try the offence and impose 

 the penalties for the same. The witnesses and proof necessary to estab- 

 lish the offence shall also be sent with them. 



Article IV. 



In order to facilitate such proper inquiries as Her Majesty's Govern- 

 ment may desire to make with a view to the presentation of the case 

 and arguments of that Government before the Arbitrators, it is agreed 

 that suitable persons designated by Great Britain will 

 be permitted at any time, upon applicatiou to visit or ^jfj^'se^^ i^ln^da™'^^ 

 remain upon the Seal Islands during the sealing sea- 

 sou for that ijurpose. 



Article Y. 



If the result of the Arbitration be to affirm the right of British 

 sealers to take seals in Behring Sea within the bounds 

 claimed by the United States, under its purchase aaea"*"^""" °' '^'''™" 

 from Kussia, then compensation shall be made by 

 the United States to Great Britain (for the use of her subjects) for 

 abstaining from the exercise of that right during the pendency of 

 the Arbitration upon the basis of such a regulated and limited catch 

 or catches as in the opinion of the Arbitrators might have been 

 taken without au undue diminution of the seal-herds; and, on the other 

 hand, if the result of the Arbitration shall be to deny the right of 

 British sealers to take seals within the said waters, then compensation 

 shall be made by Great Britain to the United States (for itself, its 

 citizens and lessees) fin- this agreement to limit the island catch to 

 seven thousand five hundred a season, upon the basis of the difference 

 between this number and sucli larger catch as in the opinion of the 

 Arbitrators might have been taken without an undue diminution of the 

 seal-herds. 



The amount awarded, if any, in either case shall be such as under 

 all the circumstances is just and equitable, and shall be promptly 

 paid. 



