[Treaties and Other International Acts Series 5558] NORTH PACIFIC FUR SEALS Protocol Between the United States of America, Canada, Japan, and the Union of Soviet Socialist Republics (Multilateral) Protocol amending the interim convention of February 9, 1957. Ratification advised by the Senate of the United States of America Ratified by the President of the United States of America February 6, 1964; Ratifications deposited with the Government of the United States of America as follows: by Canada November 12, 1963; by the United States of America February 6, 1964; by the Union of Soviet Socialist Republics March 12, 1964; and by Japan April 10, 1964; Proclaimed by the President of the United States of America April 22, 1964; Entered into force April 10, 1964. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION WHEREAS a protocol amending the interim convention on conservation of North Pacific fur seals of February 9, 1957, was signed at Washington on October 8, 1963, by the respective representatives of the Governments of the United States of America, Canada, Japan, and the Union of Soviet Socialist Republics; WHEREAS the text of the protocol, in the English, *** languages, as certified by the Department of State of the United States of America, is word for word as follows: PROTOCOL AMENDING THE INTERIM CONVENTION ON The Governments of Canada, Japan, the Union of Soviet Socialist Republics and the United States of America, Parties to the Interim Convention on Conservation of North Pacific Fur Seals, signed at Washington on February 9, 1957, [1] hereinafter referred to as the Convention, 1 TIAS 3948; 8 UST 2283. 159 TIAS 5558 20 [Treaties and Other International Acts Series 3948] NORTH PACIFIC FUR SEALS* Interim Convention Between the United States of America, Canada, Japan, and the Union of Soviet Socialist Republics (Multilateral) Interim convention signed at Washington February 9, 1957; Ratification advised by the Senate of the United States of America August 8, 1957; Ratified by the President of the United States of America August 30, 1957; Ratifications deposited with the Government of the United States of America as follows: by the United States of America and by Canada on September 16, 1957; by Japan on September 20, 1957; and by the Union of Soviet Socialist Republics on October 14, 1957; Proclaimed by the President of the United States of America November 15, 1957; Entered into force October 14, 1957. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION WHEREAS an interim convention on conservation of North Pacific fur seals was signed at Washington on February 9, 1957 by the respective representatives of the Governments of the United States of America, Canada, Japan, and the Union of Soviet Socialist Republics; WHEREAS the text of the said convention, in the English language, is word for word as follows: INTERIM CONVENTION ON CONSERVATION OF NORTH PACIFIC FUR SEALS The Governments of Canada, Japan, the Union of Soviet Socialist Republics, and the United States of America, Desiring to take effective measures towards achieving the maximum sustainable productivity of the fur seal resources of the *North Pacific Fur Seal Convention-"Japan Ratifies Protocol Amending Interim Convention on Conservation of Fur Seals: On April 10, 1964, Japan deposited ratification of a Protocol amending the Interim Convention on Conservation of the North Pacific Fur Seals. The Protocol (done at Washington, D.C., October 8, 1963) relates to the continuation of the Interim Convention for another six-year period and reflects the recommendations adopted by the North Pacific Fur Seal Commission on November 30, 1962. The Protocol entered into force on April 10, 1964." (Bulletin, U.S. Department of State, April 27, 1964.) NOTE: See Commercial Fisheries Review, April 1964 p. 48; December 1963 p. 52. North Pacific Ocean so that the fur seal populations can be brought to and maintained at the levels which will provide the greatest harvest year after year, with due regard to their relation to the productivity of other living marine resources of the area, Recognizing that in order to determine such measures it is necessary to conduct adequate scientific research on the said resources, and Desiring to provide for international cooperation in achieving these objectives, Agree as follows: ARTICLE I 1. The term "pelagic sealing" is hereby defined for the purposes of this Convention as meaning the killing, taking, or hunting in any manner whatsoever of fur seals at sea. 2. The words "each year", "annual" and "annually" as used hereinafter refer to Convention year, that is, the year beginning on the date of entry into force of the Convention. 3. Nothing in this Convention shall be deemed to affect in any way the position of the Parties in regard to the limits of territorial waters or to the jurisdiction over fisheries. ARTICLE II 1. In order to realize the objectives of this Convention, the Parties agree to coordinate necessary scientific research programs and to cooperate in investigating the fur seal resources of the North Pacific Ocean to determine: (a) what measures may be necessary to make possible the maximum sustainable productivity of the fur seal resources so that the fur seal populations can be brought to and maintained at the levels which will provide the greatest harvest year after year; and (b) what the relationship is between fur seals and other living marine resources and whether fur seals have detrimental effects on other living marine resources substantially exploited by any of the Parties and, if so, to what extent. 2. The research referred to in the preceding paragraph shall include studies of the following subjects: (a) size of each fur seal herd and its age and sex composition; (b) natural mortality of the different age groups and recruitment of young to each age or size class at present and subsequent population levels; (c) with regard to each of the herds, the effect upon the magnitude of recruitment of variations in the size and the age and sex composition of the annual kill; (d) migration routes of fur seals and their wintering areas; (e) numbers of seals from each herd found on the migration routes and in wintering areas and their ages and sexes; (f) extent to which the food habits of fur seals affect commercial fish catches and the damage fur seals inflict on fishing gear; and (g) other subjects involved in achieving the objectives of the Convention, as determined by the Commission established under Article V, paragraph 1. 3. In furtherance of the research referred to in this Article, each of the Parties agrees to carry out, each year after the entry into force of the Convention, the programs set forth in the Schedule annexed to the Convention with any modifications thereof made pursuant to Article V, paragraph 3. The said Schedule, together with any such modifications, shall be considered an integral part of this Convention. 4. Each Party agrees to provide the Commission annually with information on: (a) number of black pups tagged for each breeding area; (b) number of fur seals, by sex and estimated age, taken at sea and on each breeding area; and (c) tagged seals recovered on land and at sea; and, so far as is practicable, other information pertinent to scientific research which the Commission may request. 5. The Parties further agree to provide for the exchange of scientific personnel; each such exchange shall be subject to mutual consent of the Parties directly concerned. 6. The Parties agree to use for the scientific pelagic research provided for in this Article only government-owned or governmentchartered vessels operating under strict control of their respective authorities. Each Party shall communicate to the other Parties the names and descriptions of vessels which are to be used for pelagic research. ARTICLE III In order to realize the purposes of the Convention, including the carrying out of the coordinated and cooperative research, each Party agrees to prohibit pelagic sealing, except as provided in Article II, paragraph 3 and the Schedule, in the Pacific Ocean north of the 30th parallel of north latitude including the seas of Bering, Okhotsk, and Japan by any person or vessel subject to its jurisdiction. ARTICLE IV 1. Each Party shall bear the expense of its own research. Title to sealskins taken during the research shall vest in the Party conducting such research. 2. If the total number of seals of the Commander Islands breeding grounds decreases and falls below 50,000 head, according to data in official records, then commercial killing of seals and apportionment of skins may be suspended by the Union of Soviet Socialist Republics until the number of seals exceeds 50,000 head. This provision also applies to the fur seal herd of Robben Island, if the population of that herd becomes less than 50,000 head. 3. The Government of the Union of Soviet Socialist Republics upon suspending such sealing shall so inform the other Parties. In this case the Commission shall determine whether or not to reduce the level of or to suspend completely the pelagic sealing for scientific purposes in the Western Pacific Ocean during the period of the said suspension. 4. The Commission may, subsequent to the second year of operation of the Convention, modify the floor figure set forth in paragraph 2 of this Article in accordance with its findings based upon scientific data received by it; and if any such modifications are made, paragraph 2 of this Article shall be considered amended accordingly. The Commission shall notify each Party of every such amendment and of the effective date thereof. ARTICLE V 1. The Parties agree to establish the North Pacific Fur Seal Commission to be composed of one member from each Party. 2. The duties of the Commission shall be to: (a) formulate and coordinate research programs designed to achieve the objectives set forth in Article II, paragraph 1; (b) recommend these coordinated research programs to the respective Parties for implementation; (c) study the data obtained from the implementation of such coordinated research programs; (d) recommend appropriate measures to the Parties on the basis of the findings obtained from the implementation of such coordinated research programs, including measures regarding the size and the sex and age composition of the seasonal commercial kill from a herd; and (e) recommend to the Parties at the end of the fifth year after entry into force of this Convention and, if the Convention is continued under the provisions of Article XIII, paragraph 4, at a later year, the methods of sealing best suited to achieve the objectives of this Convention; the above-mentioned later year shall be fixed by the Parties at the meeting early in the sixth year provided for in Article XI. 3. The Commission may, subsequent to the first year of operation of the Convention, modify in accordance with its scientific findings the research programs set forth in the Schedule and, if any such modifications are made, the Schedule shall be considered amended accordingly. The Commission shall notify each Party of every such amendment and of the effective date thereof. 4. Each Party shall have one vote. Decisions and recommendations shall be made by unanimous vote. With respect to any recommendations regarding the size and the sex and age composition of the seasonal commercial kill from a herd, only those Parties sharing in the sealskins from that herd under the provisions of Article IX, paragraph 1 shall vote. 5. The Commission shall elect from its members a Chairman and other necessary officials and shall adopt rules of procedure for the conduct of its work. 6. The Commission shall hold an annual meeting at such time and place as it may decide. Additional meetings shall be held when requested by two or more members of the Commission. The time and place of the first meeting shall be determined by agreement among the Parties. 7. The expenses of each member of the Commission shall be paid by his own Government. Such joint expenses as may be incurred by the Commission shall be defrayed by the Parties by equal contribu |