may, except within the territorial waters of another state, board and search the vessel. The official is to 

 carry a special certificate issued by his government, which shall be exhibitied to the master of the vessel 

 upon request. After having searched the vessel, if the officer continues to have reasonable cause to 

 believe that the vessel or any person on board is offending against the prohibition, he may seize or arrest 

 the vessel or person. In that case, the Party to which the official belongs shall as soon as possible notify 

 the Party having jurisdiction over the offending vessel or person of the arrest or seizure and shall deliver 

 the vessel or person as promptly as practicable to the authorized officials of the Party having jurisdiction 

 over the offending vessel or person at a place to be agreed upon by both Parties. 



The State Party to which the offending person or vessel belongs alone shall have jurisdiction to try 

 any case of alleged violation and to impose penalties. Sealskins discovered on seized vessels shall be 

 subject to confiscation on the decision of the court or other authorities of the Party under whose 

 jurisdiction the trial of the case takes place. Full details of punitive measures applied to the offenders 

 shall be communicated to the other Parties not later than three months after the application of the 

 penalty.^ "^ 



(dj No person or vessel shall be permitted to use any of its ports or harbors or any part of its territory, 

 for any purpose designed to violate the prohibitions of the Convention. 



(e) To prohibit the importation and delivery into and the traffic within its territory of skins of fur seals 

 taken in the area of the North Pacific in which taking is prohibited, except only those taken by the 

 Soviet Union or the United States on rookeries, those taken at sea for research purposes, those 

 confiscated for violation of the Convention and those inadvertently captured which are taken possession 

 of by a Party. ^""^ 



(f) If any Party considers that the obligations of the Convention are not being carried out and notifies 

 the other Parties to that effect, all the Parties shall, within three months of receipt of the notification, 

 meet to consult on the need for and nature of remedial measures. If agreement on such measures is not 

 forthcoming, any Party may give written notice of its intention to terminate the Convention and the 

 Convention shall then terminate sooner than is otherwise provided. '"^ 



5. Activities 



The Convention is the successor of the first international treaty designed to prevent the extinction of 

 a marine animal. Entered into in 1911, it produced favorable results. By 1916, the Pribilof herd nearly 

 doubled in size. By 1930, the herd increased to about 1.5 miUion individuals. In October 1940, Japan 

 gave notice of its intention to terminate its participation in the treaty within a year, which it did. It was 

 not until 1957 that the four Parties to the 1911 Convention concluded a new treaty. In the interim, 

 agreements between Canada and the United States tried to prevent the situation from deteriorating too 

 seriously. 



The creation of the Commission was the principal innovation of the new treaty. 



As a result of the treaty, Ambassador McKernan writes: 



. . . the Pacific fur seal herds have increased from approximately 110,000 to about 1,500,000 

 animals ... At the present time, the Pribilof fur seal herd is producing at the maximum sustainable yield 

 level and there is every reason to conclude that this conservation has been successful and very much in 

 the interest of the United States. *"* 



'°^/d.. Art. VI. 

 '""/d. Art. VIII. 

 '"^W., Art. XII. 



'°*McKeman, Donald, International Fishery Policy and the United States Fishing Industry, paper presented to 

 Conference on the Future of the United States Fishing Industry, Seattle, Washington, March 24-27, 1968, at p. 2. 



VIII-119 



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