[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 Having given due consideration to the recommendations adopted by the North Pacific Fur Seal Commission on November 30, 1962, and Desiring to amend the Convention, Have agreed as follows: ARTICLE I The Convention shall be amended by this Protocol as from the date of its entry into force. ARTICLE II 1. In Article II, paragraph 2 of the Convention, "and" at the end of sub-paragraph (f) shall be deleted and "(g)” shall be replaced by "(i)". 2. After Article II, paragraph 2(f) of the Convention, the following shall be inserted: "(g) effectiveness of each method of sealing from the viewpoint of management and rational utilization of fur seal resources for conservation purposes; "(h) quality of sealskins by sex, age, and time and method of sealing; and ". ARTICLE III Article II, paragraph 3 of the Convention shall be replaced by the following: "3. In furtherance of the research referred to in this Article, the Parties agree: (a) to continue to mark adequate numbers of pups; (b) to devote to pelagic research an effort similar in extent to that expended in recent years, provided that this shall not involve the taking of more than 2,500 seals in the Eastern and more than 2,200 seals in the Western Pacific Ocean, unless the Commission, pursuant to Article V, paragraph 3, shall decide otherwise; and (c) to carry out the determinations made by the Commission pursuant to Article V, paragraph 3." ARTICLE IV In Article III of the Convention, "and the Schedule" shall be deleted. ARTICLE V Article V, paragraph 2(e) of the Convention shall be replaced by the following: "(e) study whether or not pelagic sealing in conjunction with land sealing could be permitted in certain circumstances without adversely affecting achievement of the objectives of this Convention, and make recommendations thereon to the Parties at the end of the eleventh 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; this later year shall be fixed by the Parties at the meeting early in the twelfth year provided for in Article XI." ARTICLE VI Article V, paragraph 3 of the Convention shall be replaced by the following: "3. In addition to the duties specified in paragraph 2 of this Article, the Commission shall, subject to Article II, paragraph 3, determine from time to time the number of seals to be marked on the rookery islands, and the total number of seals which shall be taken at sea for research purposes, the times at which such seals shall be taken and the areas in which they shall be taken, as well as the number to be taken by each Party." ARTICLE VII In Article VIII, paragraph 2 of the Convention, "the Schedule” shall be replaced by "Article II, paragraph 3”. ARTICLE VIII Article IX, paragraph 3 of the Convention shall be replaced by the following: "3. In order more equitably to divide the direct and indirect costs of pelagic research in the Western Pacific Ocean, it is agreed that Canada and Japan for three years starting from the seventh year after entry into force of this Convention will forego the delivery of the sealskins by the Union of Soviet Socialist Republics as set forth in paragraph 1 of this Article and the Union of Soviet Socialist Republics will deliver annually to Canada and to Japan 1,500 sealskins each during these three years." ARTICLE IX 1. In Article XI of the Convention, "sixth" shall be replaced by "twelfth". 2. In Article XIII, paragraph 4 of the Convention, "six" shall be replaced by "twelve" and "sixth" shall be replaced by "twelfth". ARTICLE X The Schedule annexed to the Convention shall be deleted. ARTICLE XI 1. This Protocol shall be ratified and the instruments of ratification deposited with the Government of the United States of America as soon as practicable. 2. The Government of the United States of America shall notify the other signatory Governments of ratifications deposited. 3. This Protocol shall enter into force on October 14, 1963, if the fourth instrument of ratification is deposited on or before that date, and if the fourth instrument of ratification is deposited after October 14, 1963, on the date of its deposit. 4. Notwithstanding Article I of this Protocol: (a) if this Protocol has not enttered into force on or before January 31, 1964, the Convention shall apply with respect to pelagic research for the seventh year; (b) even if this Protocol has entered into force after the beginning of the commercial sealing season of the seventh year, Article IX, paragraph 3 as amended by this Protocol shall apply with respect to the said season. 5. The original of this Protocol shall be deposited with the Government of the United State of America, which shall communicate certified copies thereof of each of the Governments signatory to this Protocol. WHEREAS the Senate of the United States of America by their resolution of January 30, 1964, two-thirds of the Senators present concurring therein, did advise and consent to the ratification of the protocol; WHEREAS the protocol was ratified by the President of the United States of America on February 6, 1964, in pursuance of the aforesaid advice and consent to ratification; WHEREAS instruments of ratification were deposited with the Government of the United States of America on November 12, 1963 by Canada, on February 6, 1964 by the United States of America, on March 12, 1964 by the Union of Soviet Socialist Republics, and on April 10, 1964 by Japan; AND WHEREAS, pursuant to the provisions of Article XI of the protocol, the protocol entered into force on April 10, 1964, the date of the deposit of the fourth instrument of ratification with the Government of the United States of America; Now, THEREFORE, be it known that I, Lyndon B. Johnson, President of the United States of America, do hereby proclaim and make public the said protocol to the end that the same and every article and clause thereof may be observed and fulfilled in good faith by the United States of America and by the citizens of the United States of America and all other persons subject to the jurisdiction thereof. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the city of Washington this twenty-second [SEAL] day of April in the year of our Lord one thousand nine hundred sixty-four and of the Independence of the United States of America the one hundred eighty-eighth. LYNDON B. JOHNSON By the President: DEAN RUSK Senator BARTLETT. Also at this point, all Bureau of Commercial Fisheries regulations applying to the islands will be placed in the record. Authority: §§ 215.1 to 215.5 issued under sec. 17, 58 Stat. 104; 16 U.S.C. 631q. Statutory provisions interpreted or applied are cited to text in parentheses. Source: §§ 215.1 to 215.5 appear at 25 F.R. 8422, Sept. 1, 1960. SUBPART A-PROTECTION OF FUR SEALS § 215.1 Visits to seal rookeries. Persons lawfully landing on any of the Pribilof Islands, whether to remain temporarily or otherwise, must confine themselves to their lawful activities, and any visiting of rookeries or hauling grounds of seals or sea lions must face be authorized by the Department's agents-in-charge. (Sec. 6, 58 Stat. 102; 16 U.S.C. 631f) § 215.2 Observation restricted. In order that persons authorized or permitted to land may have an opportunity to observe the seal life, the Department's agents-in-charge will provide escorts, at convenient times, to accompany interested persons to proper observation points. No side digressions from the designated observation points will be permitted, and there will be no visiting of rookeries except under such escorts. On St. Paul Island the usual observation point for persons temporarily present shall be what are commonly known as "Observation Rocks" at Gorbatch rookery. (Sec. 6, 58 Stat. 102; 16 U.S.C. 631f) § 215.3 Special restrictions; St. Paul Island. Persons authorized to land at St. Paul Island, whether to remain temporarily or otherwise, are required except under circumstances specifically authorized by the Department's agent-in-charge, to remain on that portion of the island in and about the village of St. Paul which is bounded by the shore line, including that of the salt lagoon and its outlet, and two straight lines running approximately as follows: The first from the shore at Black Bluffs to the southerly portion of the salt lagoon, passing to the eastward of the natives' cemetery, the natives' wells, and the by-products plant; the second to cut across the isthmus at Zolotoi Sands. The land lines as described will be indicated by notices posted at suitable intervals. § 215.4 Penalties. (Sec. 6, 58 Stat. 102; 16 U.S.C. 631f) Any person willfully violating the regulations in this subpart will be regraded as a trespasser and will be required to leave the islands at the first opportunity, and will be subject to such other action as may be deemed appropriate pursuant to law. (Sec. 6, 58 Stat. 102; 16 U.S.C. 631f) § 215.5 Dogs prohibited. In order to prevent molestation of the fur-seal and fox herds, the landing of any dogs at the Pribilof Islands is prohibited. (Sec. 6, 58 Stat. 102; 16 U.S.C. 631f) |