42 COfMEECIAL FISHERIES REVIEW Vol, 13, No. 7 



JAPAN AGREES TO TEMPORARILY PROHIBIT PELAGIC FUR SEALING ; An ezchange of 

 notes between the Japanese and U. S. Governments on the subject of pelagic fur 

 sealing was made public in Tokyo on June 12, 



The Japanese Government states in their note that they have no objection to 

 the interpretation of Prime Minister Yoshida' s letter of February 7, 1951,1/ as 

 extending to pelagic fur sealing. The February 7 letter announced Japan' s inten- 

 tion to voluntarily prohibit their resident nationals and vessels from carrying on 

 fishing operations in presently-conserved salmon, halibut, herring, sardine, and 

 tuna fisheries in the waters of the eastern Pacific Ocean and Bering Sea where 

 conservation measures have already been taken. 



The notes exchanged follow: 



U. S. AMBASSADOR JOHN FOSTER DULLES ' MEMORANDUM DATED APRIL 3: 



"it will BE RECALLED THAT JAPAN, ALONG WITH THE UNITED STATES, GREAT BRITAIN 

 AND RUSSIA, WAS A PARTY TO THE FUR SEAL CONVENTION OF 1911, WHICH PROHIBITED 

 PELAGIC SEALING IN WATERS OF THE NORTH PACIFIC OCEAN, NORTH OF THE THIRTIETH 

 PARALLEL OF NORTH LATITUDE AND INCLUDING THE SEAS OF BERING, KAMCHATKA, OKBETAK 

 AND JAPAN. IT WILL BE REALIZED FURTHER THAT THE 1911 CONVENTION WAS ABROGATED 

 BY THE JAPANESE GOVERNMENT IN OCTOBER 1941. SINCE THE DENUNCIATION OF THE 1911 

 CONVENTION BY JAPAN HAD THE EFFECT OF TERMINATING THE ENTIRE CONVENTION, THE 

 UNITED STATES AND CANADA ENTERED INTO AN EXECUTIVE AGREEMENT IN 1942 GOVERNING 

 SEALS IN THE NORTHEAST PACIFIC AREA; THIS AGREEMENT WAS RENEWED IN 1947. 



"in VIEW OF THE INTEREST OF THE UNITED STATES IN OBTAINING AN INTERNATIONAL 

 AGREEMENT TO PROHIBIT PELAGIC SEALING, ACTIVE CONSIDERATION IS NOW BEING GIVEN 

 TO RENEGOTIATION OF SUCH A CONVENTION AMONG THE INTERESTED PARTIES AFTER A 

 JAPANESE PEACE SETTLEMENT. 



"pending the NEGOTIATION OF A CONVENTION ON THIS SUBJECT, THE UNITED STATES 

 GOVERNMENT BELIEVES THAT IT WOULD BE DESIRABLE IF THE JAPANESE GOVERNMENT WERE 

 TO EFFECT A PROHIBITION OF PELAGIC SEALING ON THE PART OF ITS OWN NATIONALS, AND 

 BELIEVES FURTHER THAT IT MIGHT BE AGREED THAT A COMMITMENT TO THAT EFFECT, AS 

 WELL AS ONE TO ENTER INTO RENEGOTIATION OF A FUR SEAL CONVENTION SHOULD IT BE 

 DEEMED DESIRABLE, IS TO BE CONSIDERED AS FALLING WITHIN THE SCOPE OF THE EXCHANflE 

 OF LETTERS OF FEBRUARY 7, 1951, BETWEEN PRIME MINISTER YOSHIDA AND AMBASSADOR 

 DULLES. 



"the FOURTH PARAGRAPH OF THE PRIME MINISTER'S LETTER READS AS FOLLOWS: 



'in THE MEANTIME, THE JAPANESE GOVERNMENT WILL, AS A VOLUNTARY 

 ACT, IMPLYING NO WAIVER OF THEIR INTERNATIONAL RIGHTS, PROHIBIT 

 THEIR NATIONALS AND VESSELS FROM CARRYING ON FISHING OPERATIONS IN 

 PRESENTLY CONSERVED FISHERIES IN ALL WATERS WHERE ARRANGEMENTS HAVE 

 ALREADY BEEN MADE, EITHER BY INTERNATIONAL OR DOMESTIC ACT, TO PRO- 

 TECT THE FISHERIES FROM OVER-HARVESTING AND IN WHICH FISHERIES 

 JAPANESE NATIONALS OR VESSELS WERE NOT IN THE YEAR 1940 CONDUCTING 

 OPERATIONS.' 



"it is BELIEVED THAT THE FIRST CONDITION ESTABLISHED IN THE FOREGOING PARA- 

 GRAPH CAN BE MET ON THE GROUND THAT, WHILE THE EXECUTIVE AGREEMENT BETWEEN THE 

 UNITED STATES AND CANADA RELATES ONLY TO THE NORTHEAST PACIFIC OCEAN, THE UNITED 

 STATES GOVERNMENT HAS PASSED DOMESTIC LEGISLATION PROHIBITING ITS NATIONALS FROM 

 ENGAGING IN PELAGIC SEALING IN THE WATERS OF THE NORTH PACIFIC OCEAN. IN THIS 

 CONNECTION, SECTION TWO OF PUBLIC LAW 237 OF FEBRUARY 26, 1944, READS AS FOLLOWS: 



'it shall BE UNLAWFUL, EXCEPT AS HEREINAFTER PROVIDED FOR ANY 

 CITIZEN OR NATIONAL OF THE UNITED STATES, OR PERSON OWING DUTY OF 

 OBEDIENCE TO THE LAWS OR TREATIES OF THE UNITED STATES OR ANY 

 VESSEL OF THE UNITED STATES, OR PERSON BELONGING TO Or'on SUCH 

 VESSEL, TO ENGAGE IN PELAGIC SEALING OR SEA OTTER HUNTING IN OR 

 ON THE WATERS OF THE NORTH PACIFIC OCEAN.' 



SO FAR AS THE SECOND CONDITION IS CONCERNED, THE JAPANESE GOVERNMENT AS OF 1940 

 WAS A PARTY TO THE FUR SEAL CONVENTION AND' CONSEQUENTLY AT THAT TIME ITS NATION- 

 ALS WERE NOT LEGALLY ENTITLED TO ENGAGE IN PELAGIC SEALING IN THE NORTH PACIFIC 

 OCEAN. 



I/SEE COMMERCIAL FISHERIES REVIEW , MARCH 1951, PP. 30-32. 



