Ambassador's note No. 55 of March 13, 1937, inquiring whether it would be agreeable to this Government for the training ship Hakuyo Maru of the Tokyo Fishing Institute to visit during its cruise, Bristol Bay, St. Paul (Pribilof Islands) and Dutch Harbor (Aleutian Islands). Reference is also made to the Department's note of March 30, 1937, requesting information in regard to the reasons for the proposed visit of the Hakuyo Maru to St. Paul Island, and to the Japanese Ambassador's note No. 83 of April 6, 1937,39 in reply stating that it is proposed to send the Hakuyo Maru to St. Paul Island for the purpose of making a study in connection with the breeding of fur seals.

The statement in the Ambassador's note of March 13, 1937, to the effect that the Hakuyo Maru does not intend to enter port in Bristol Bay has been noted. In view of the fact that navigation near the shores of Bristol Bay is extremely hazardous because of the flat shore line with infrequent landmarks, the lack of satisfactory charts, and the absence of qualified pilots, this Government desires that the Hakuyo Maru not enter the territorial waters of the United States in the region of Bristol Bay.

It has been the practice of the American Government to construe liberally the provisions of the so-called Fur Seals Treaty of 1911 40 and to consent to visits by vessels belonging to the Japanese Department of Agriculture and Forestry to St. Paul Island and to other territories of the United States in order to manifest its desire to cooperate with the Japanese Government in the carrying out of the purposes of that Treaty. It is, however, the view of the American Government that the purpose of the proposed visit to St. Paul Island of the Hakuyo Maru, as set forth in the Japanese Ambassador's note of April 6, cannot be construed as falling within the purview of the Treaty, and permission for the visit is therefore withheld.

The proposed visit of the Hakuyo Maru to Dutch Harbor between July 14 and July 17, 1937, is agreeable to the authorities of this Government and the necessary action is being taken to arrange for the extension to the vessel of the customary courtesies and facilities. WASHINGTON, May 11, 1937.

894.628 Vessels/181

The Secretary of State to the Japanese Ambassador (Saito)

The Secretary of State presents his compliments to His Excellency the Japanese Ambassador and has the honor to refer to the Japanese Embassy's note No. 93 of April 24, 1937,39 in which permission is

39 Not printed.

40

Signed at Washington, July 7, 1911, Foreign Relations, 1911, p. 260.

requested for the Hakuho Maru to visit Chichagof Harbor on Attu Island, Constantine Harbor on Amchitka Island, and Nazan Bay on Atka Island, "for the purpose of making an investigation of the courses taken by the seals migrating back from the Asiatic lands". The Ambassador expresses the hope that favorable consideration will be given to this matter in view of the fact that both Japan and the United States are parties to the so-called Fur Seals Convention of 1911, which, he states, necessitates the Japanese Government making the investigation mentioned above.

In the absence of special circumstances, this Government would be reluctant to set aside the general practice of withholding permission for foreign public vessels to enter harbors of the United States not listed as ports of entry in the Department's circular note of October 2, 1936.42 At the same time, as stated in the Department's note of May 11, 1937, it has been the practice of the American Government to construe liberally the provisions of the Fur Seals Treaty of 1911 in order to manifest its desire to cooperate with the other signatory powers in the carrying out of the purposes of that Treaty. Accordingly, this Government has welcomed visits by the proper authorities of those powers to those territories and waters of the United States which are frequented or visited by fur seals, and has endeavored to accord all available facilities to those authorities in their study of the fur seals.

However, this Government has no information on record to indicate that fur seals of the Pribilof Islands may be found in the vicinity of any of the harbors mentioned in the note of the Japanese Ambassador. Moreover, there is no evidence that any of those harbors are ever visited by seals migrating to or from the Komandorski Islands, or to and from Robben Island or any other Asiatic island. In view of these facts, this Government finds it difficult to construe the proposed visit by the Hakuho Maru to Chichagof Harbor, Constantine Harbor and Nazan Bay as falling within the purview of the abovementioned Treaty, and is therefore constrained to withhold the permission requested. Nevertheless, should further investigation by the authorities of this Government yield evidence that the places above mentioned are in fact frequented or visited by fur seals, the Department will not fail to acquaint the Governments of the parties to the Fur Seals Treaty thereof and will be prepared, in conformity to its desire to cooperate with the other powers to the end of preserving and protecting the fur seals, to give further consideration to requests of the Japanese Government for visits by its appropriate public vessels to the places in question.

WASHINGTON, May 22, 1937.

42 Not printed.

894.628 Vessels/191

The Japanese Ambassador (Saito) to the Secretary of State

No. 112

The Japanese Ambassador presents his compliments to the Honorable the Secretary of State and, with reference to the Secretary's note of May 11, 1937, has the honor to state that the Ambassador's note No. 83 of April 6, 1937 43 did not seem to explain sufficiently the reasons for the proposed visit of the Hakuyo-Maru to St. Paul Island and that he, therefore, takes the liberty of again informing the Secretary as follows:

The Tokio Fishery Institute belongs to the Department of Agriculture and Forestry of the Japanese Government and a part of the expenses of the students in the Institute are defrayed by the Government. The Japanese Government also appoints every year many of its graduates to the various Departments and some of them are undoubtedly engaged in performing the obligations provided for in the so-called Fur Seals Treaty of 1911. The proposed visit of the HakuyoMaru to St. Paul Island is to give its students an opportunity to acquaint themselves with conditions in connection with the breeding of fur seals and the facilities provided for their protection while breeding, as stated in the Ambassador's note of April 6.

The Ambassador is well aware that it has been the practice of the American Government to coöperate with the Japanese Government in the carrying out of the purposes of the Fur Seals Treaty, and he trusts that the American Government, through the good offices of the Secretary, will reconsider the matter in the above light. He would be very happy if the American Government would see its way to giving its consent to the proposed visit in question of the Hakuyo-Maru.

[WASHINGTON,] May 22, 1937.

894.628 Vessels/191

The Secretary of State to the Japanese Ambassador (Saito)

The Secretary of State presents his compliments to His Excellency the Japanese Ambassador, and has the honor to acknowledge the receipt of the Ambassador's note No. 112 of May 22, 1937, requesting, with reference to the Secretary of State's note of May 11, 1937, that reconsideration be given to the question of consent to the proposed visit of the Hakuyo Maru to St. Paul Island, and setting forth a further explanation of the reasons therefor.

In view of the explanation set forth in the Japanese Ambassador's note of May 22, the competent authorities of this Government have reconsidered the matter and now find it agreeable for the Hakuyo Maru to visit St. Paul Island between July 12 and July 13, 1937. The necessary action has been taken to extend the customary courtesies and facilities to the vessel. In granting permission for the visit in question this Government desires that it be understood that this action is not to be considered a precedent.

WASHINGTON, June 1, 1937.

711.008 North Pacific/92

The Secretary of State to the Ambassador in Japan (Grew) No. 1262

WASHINGTON, June 5, 1937.

SIR: The Department encloses for your confidential information a memorandum containing a review of developments and observations in connection with the question of the participation of Japanese in the salmon fisheries in certain waters of Bering Sea and Bristol Bay.

There is growing insistence on the part of American fisheries interests upon governmental action in the direction of conserving for their benefit the salmon resources of Alaskan waters. Moreover, the exacerbation of feelings on the Pacific coast which the prospects of Japanese participation in Alaskan fisheries are likely to engender cannot but be prejudicial to good relations between the United States and Japan. Consequently, notwithstanding the difficulties outlined in the enclosed memorandum which appear to lie in the way of a solution of this question satisfactory to American fisheries interests, it is important that means be devised as promptly as possible to meet the situation.

The Department after reviewing all the circumstances involved has come to the conclusion that the best hope of reaching a solution satisfactory to all concerned lies in an effort to commit the governments of the countries bordering the North Pacific Ocean to a policy of conservation of the salmon resources of those waters. To this end the Government of the United States would propose to the Governments of Japan, the Soviet Union and Canada the conclusion of a multilateral convention under which each of the parties would establish a governmental agency to formulate a national policy for the conservation of their respective salmon resources in the northern Pacific Ocean, conformable to the principles of permitting an escapement to spawning grounds of a portion of the annual run of salmon in such waters, of establishing regulations to give effect to such policy, and of each party exercising control over its nationals and

their vessels engaged in salmon fisheries. It would be desirable that the proposed convention provide for the creation of an international commission whose function it would be to receive and correlate reports from and to act in advisory capacity to the several national commissions on matters affecting the conservation of salmon resources. Most essential of all in connection with the objective sought by the Department would be the inclusion of a provision whereby the contracting parties would mutually and reciprocally agree that their respective nationals and vessels would be prohibited from engaging in fishing for salmon in waters within fifty miles of the shore line of any of the other parties except as otherwise might be specifically provided.

It will thus be seen that the Department envisages a convention which, without impairing existing principles of international law, would operate to prevent Japanese from exploiting our salmon resources for the period of its life, during which time Japan and the Soviet Union (as well as the United States and Canada) would employ methods calculated to prevent depletion of their own salmon

resources.

Although the Japanese Government has clearly indicated that it would not be in position to consider the question of entering into negotiations with the American Government until the Japanese Government had completed its investigations of the fishery resources of Bristol Bay, the Department is of the opinion that it would not be inappropriate at this time for the Embassy to sound out the Foreign Office at Tokyo on the subject of a convention of the character described with the suggestion that the appropriate Japanese authorities might welcome an opportunity to consider such a convention in connection with the Japanese survey now being made of the salmon resources of the northern Pacific. The Department accordingly requests that you make such an approach at the first favorable opportunity. If the Embassy's approach should meet with a favorable response, you may suggest that this Government would be prepared to endeavor to work out with the Japanese Government the details of such a convention.

There are circumstances in the situation which render it important that the matter be handled with discretion and delicacy. The salmon interests and labor unions on the Pacific coast have gone on record as opposing the conclusion of any treaty with Japan in regard to salmon. It is their view that the United States has proprietary rights in the salmon of Bering Sea and that, therefore, such salmon should not be the subject of any treaty with Japan. The discussions which have accompanied the assertion of that point of view indicate, however, that these elements on the Pacific coast are apprehensive