CONVENTION ON CONSERVATION OF NORTH PACIFIC FUR SEALS 

Washington, 7 May 1976 


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 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 co-ordinate necessary scientific research  
programs and to cooperate in investigating the fur seal resources  
of North Pacific Ocean to determine: 

a) what measures may be necessary to make possible the maximum  
substainable 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: 

1. The Interim Convention adopted at Washington on February 9,  
1957, has been amended by a Protocol adopted at Washington on  
October 8, 1963, by exchanges of notes which entered into force on  
September 3, 1969, and by a second Protocol adopted at Washington  
on May 7, 1976. 

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) relationship between fur seals and other living marine  
resources, including the extent to which fur seals affect  
commercial fish catches, the damage fur seals inflict on fishing  
gear, and the effect of commercial fisheries on the fur seals; 

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; 

i) effect of man-caused environmental changes on the fur seal  
populations; and 

j) 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, the  
Parties agree:  

a) to continue to mark adequate numbers of pups; 

b) to devote to pelagic research an effort which, to the greatest  
extent possible, should be similar in extent to that expended in  
recent years, provided that this shall not involve the annual  
taking by all the Parties combined of more than 2,500 seals in the  
Eastern and more than 2,200 seals in the Western Pacific Oceans,  
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. 

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 government- 
chartered 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 co-ordinated and co-operative research, each  
Party agrees to prohibit pelagic sealing, except as provided in  
Article II, paragraph 3 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 

Each Party shall bear the expense of its own research. Title to  
seal-skins taken during the research shall vest in the Party  
conducting such research. 


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 co-ordinate research programs designed to achieve  
the objectives set forth in Article II, paragraph 1; 

b) recommend these co-ordinated research programs to the  
respective Parties for implementation, 

c) study the data obtained from the implementation of such co- 
ordinated research programs; 

d) recommend appropriate measures to the Parties on the basis of  
the findings obtained from the implementation of such coordinated  
research programmes, including measures regarding the size and the  
sex and age composition of the seasonal commercial kill from a  
herd and regarding a reduction or suspension of the harvest of  
seals on any island or group of islands in case the total number  
of seals on that island or group of islands falls below the level  
of maximum sustainable productivity; provided, however, that due  
consideration be given to the subsistence needs of Indians, Ainos,  
Aleuts, or Eskimos who live on the islands where fur seals breed,  
when it is not possible to provide sufficient seal mat for such  
persons from the seasonal commercial harvest or research  
activities; and 

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 twenty-first year after entry into force of the  
Convention. 

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, taking into account any  
recommendations made pursuant to Article V, paragraph 2(d). 

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 seal-skins 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. 

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  
contributions. Each Party shall also contribute to the Commission  
annually an amount equivalent to the value of the sealskins it  
confiscates under the provisions of Article VI, paragraph 5. 

8. The Commission shall submit an annual report of its activities  
to the Parties. 

9. The Commission may from time to time make recommendations to  
the Parties on any matter which relates to the fur seal resources  
or to the administration of the Commission. 


Article VI 

In order to implement the provisions of Article III, the Parties  
agree as follows: 

1. When a duly authorized official of any of the Parties has  
reasonable cause to believe that any vessel outfitted for the  
harvesting of living marine resources and subject to the  
jurisdiction of any of the Parties is offending against the  
prohibition of pelagic sealing as provided for by Article III, he  
may, except within the territorial waters of another State, board  
and search such vessel. Such official shall carry a special  
certificate issued by the competent authorities of his Government  
and drawn up in the English, Japanese, and Russian languages which  
shall be exhibited to the master of the vessel upon request. 

2. When the official after searching a vessel continues to have  
reasonable cause to believe that the vessel or any person on board  
thereof is offending against the prohibition, he may seize or  
arrest such 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 vessel or person of such 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 vessel or person at a place to be agreed upon by both Parties;  
provided however, that when the Party receiving notification  
cannot immediately accept delivery of the vessel or person, the  
Party which gives such notification may, upon request of the other  
Party, keep the vessel or person under surveillance within its own  
territory, under the conditions agreed upon by both Parties. 

3. The authorities of the Party to which such person or vessel  
belongs alone shall have jurisdiction to try any case arising  
under Article III and this Article and to impose penalties in  
connection therewith. 

4. The witnesses or their testimony and other proofs necessary to  
establish the offense, so far as they are under the control of any  
of the Parties, shall be furnished with all reasonable promptness  
to the authorities of the Party having jurisdiction to try the  
case. 

5. Sealskins discovered on seized vessels shall be subject to  
confiscation on the decision of the court or other authorities of  
the Party under whose jurisdication the trial of a case takes  
place. 

6. Full details of punitive measures applied to offenders against  
the prohibition shall be communicated to the other Parties not  
later than three months after the application of the penalty. 


Article VII 

The provisions of this Convention shall not apply to Indians,  
Ainos, Aleuts, or Eskimos dwelling on the coast of the waters  
mentioned in Article III, who carry on pelagic sealing in canoes  
not transported by or used in connection with other vessels, and  
propelled entirely by oars, paddles, or sails, and manned by not  
more than five persons each, in the way hitherto practiced and  
without the use of firearms; provided that such hunters are not in  
the employment of other persons or under contract to deliver the  
skins to any person. 


Article VIII 

1. Each Party agrees that 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 prohibition set forth in  
Article III. 

2. Each Party also agrees to prohibit the importation and delivery  
into and the traffic within its territories of skins of fur seals  
taken in the area of the North Pacific Ocean mentioned in Article  
III, except only those taken by the Union of Soviet Socialist  
Republics or the United States of America on rookeries, those  
taken at sea for research purposes in accordance with Article II,  
paragraph 3, those taken under the provisions of Article VII,  
those confiscated under the provisions of Article VI, paragraphs  
5, and those inadvertently captured which are taken possession of  
by a Party; provided however, that all such excepted skins shall  
be officially marked and duly certified by the authorities of the  
Party concerned. 


Article IX 

1. The respective Parties agree that, of the total number of  
sealskins taken commercially each season on land, there shall at  
the end of the season be delivered a percentage of the gross in  
number and value thereof as follows: 

By the Union of Soviet Socialist Republics 

   To Canada     15 per cent  
   to Japan      15 per cent  

By the United States of America 

   to Canada     15 per cent  
   to Japan      15 per cent 

2. Each Party agrees to deliver such sealskins to an authorized  
agent of the recipient Party at the place of taking, or at some  
other place mutually agreed upon by such Parties. 

3. The respective Parties will seek to ensure the utilization of  
those methods for the capture and killing and marking of fur seals  
on land or at sea which will spare the fur seals pain and  
suffering to the greatest extent practicable. 


Article X 

1. Each Party agrees to enact and enforce such legislation as may  
be necessary to guarantee the observance of this Convention and to  
make effective its provisions with appropriate penalties for  
violation thereof. 

2. The Parties further agree to co-operate with each other in  
taking such measures as may be appropriate to carry out the  
purposes of this Convention, including the prohibition of pelagic  
sealing as provided for by Article III. 


Article XI 

 The Parties agree to meet in the twenty-second year after entry  
into force of the Convention to consider the recommendations in  
accordance with Article V, paragraph 2(e) and to determine what  
further agreements may be desirable in order to achieve the  
maximum sustainable productivity of the North Pacific fur seal  
herds. 


Article XII 

Should any Party consider that the obligations of Article II,  
paragraphs 3, 4, or 5 or any other obligation undertaken by the  
Parties is not being carried out and notify the other Parties to  
that effect, all the Parties shall, within three months of the  
receipt of such notification, meet to consult together on the need  
for and nature of remedial measures. In the event that such  
consultation shall not lead to agreement as to the need for and  
nature of remedial measures, any Party may give written notice to  
the other Parties of intention to terminate the Convention and,  
notwithstanding the provisions of Article XIII, paragraph 4, the  
Convention shall thereupon terminate as to all the Parties nine  
months from the date of such notice. 


Article XIII 

1. This Convention 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. The Convention shall enter into force on the date of the  
deposit of the fourth instrument of ratification. 

4. The Convention shall continue in force for twenty-two years and  
thereafter until the entry into force of a new or revised fur seal  
convention between the Parties, or until the expiration of one  
year after such period of twenty-two years, whichever may be the  
earlier; provided, however, that the Convention shall terminate  
one year from the day on which a Party gives written notice to the  
other Parties of an intention of terminating the Convention. 

5. At the request of any Party, representatives of the Parties  
will meet at a mutually convenient time within ninety days of such  
request to consider the desirability of modifications of the  
Convention. 

6. The original of this Convention shall be deposited with the  
Government of the United States of America, which shall  
communicate certified copies thereof to each of the Governments  
signatory to the Convention. 

IN WITNESS WHEREOF the undersigned, being duly authorized by  
their respective Governments, have signed this Convention. 

Done in Washington this ninth day of February 1957, in the  
English, Japanese, and Russian languages, each text equally  
authentic.