the fisheries convention, provided they submit to the laws, regulations, and ordinances at present in force or which may be enacted in future for the breeding and protection of fish, for the supervision of the industry connected therewith, and on any other matter relating to fisheries in the aforementioned regions. It is understood that the Japanese subjects shall only be subject to these laws, regulations, and ordinances to the extent that the same laws, regulations, and ordinances are applicable to Russian subjects themselves who have acquired fishing tracts in these regions.

ARTICLE 5.

The term "Russian subjects who have acquired fishing tracts" (see articles 2, 4, 7, 9, and 10 of the fisheries convention and article 4 of the present protocol) shall neither apply to colonists nor to native races enjoying special privileges.

It is understood that the Imperial Russian Government reserves the right to grant fishing rights to colonists who may come and settle at places where there are no fishing tracts leased. The same shall apply to the native races.

The Russian Government agrees not to grant, during the continuance of the fisheries convention, the said rights to colonists or native races at the places where fishing tracts have already been created once.

It is agreed that the term colonists shall be applied only to persons and their families who are personally engaged in fishing without hiring any workmen.

ARTICLE 7.

The Imperial Russian Government gives the assurance for the future that the fishing tracts already existing in the regions specified in article 1 of the fisheries convention shall remain open throughout the duration of the said convention, with the exception of the tracts at present occupied by the colonists for their fishing.

ARTICLE 8.

The duration of the grants of fishing tracts leased by public auction shall be fixed as follows:

1. One year for tracts which are opened for the first time after the fisheries convention goes into force.

2. Three years for tracts which have already been worked for one

year.

3. Three years for tracts which have already been worked during the first period of three years.

4. Five years for tracts which have already been worked during the two periods of three years.

ARTICLE 9.

Leases of fishing tracts whose term has not yet expired at the time of expiration of the twelve-year period mentioned in article 13

of the fisheries convention shall continue to be valid throughout the duration of the term fixed in the aforementioned leases, whatever decision may be reached by the two Contracting Parties concerning the convention itself.

ARTICLE 10.

The Imperial Russian Government will have no objection to Japanese subjects manufacturing fertilizer from herring and other species of fish which happen to enter their nets with the herrings when they are swimming in masses. The Russian Government will also have no objection to the Japanese subjects preparing and salting pickled fish after the Japanese manner.

ARTICLE 11.

The certificate of navigation for the voyage from Japan to the fisheries in the Russian waters and back shall be issued by the competent Russian consulates to the Japanese fishers upon the presentation of documents showing:

1. The right to lease the tract (or tracts) to which the vessel wishes to sail.

2. The number of

persons on board.

3. The nature of the cargo, which shall be solely intended for the fishing industry, and its quantity.

The navigation certificate shall enumerate:

1. The name of the vessel and of the port where it is registered. 2. The name of the fishing contractor to whom the tract or tracts have been granted.

3. An exact indication of the fishing tract or tracts to which the vessel is proceeding.

4. The nature and quantity of the cargo.

5. The number of persons on board.

The vessel provided with the aforementioned certificate and with the bill of health shall be authorized to enter and call only at the points along the Russian coasts which are indicated in the certificate. It is a matter of course that the ports where a custom-house is situated shall always be accessible to the said vessel.

Japanese vessels proceeding to Russian waters in order to engage in fishing for whales, cod, &c., by virtue of the third paragraph of article 2 of the fisheries convention, shall call provisionally in one of the Russian ports specially designated, where the competent Russian authorities shall issue to them a special permit for such fishing, which permit shall serve them at the same time as the certificate of navigation.

ARTICLE 12.

The use of the ordinary Tateami shall be authorized in all fishing tracts occupied by Japanese subjects except in tracts situated 1408 nearest to the mouths of rivers. It is agreed, moreover, that the use of Tateami in these last-mentioned fishing tracts shall not be prohibited in case fishing with movable nets is not practicable there.

ARTICLE 13.

It is understood that the expression "Fish and aquatic products " used in the fisheries convention and the protocol annexed thereto, shall include all species of fish, animals, plants, and other aquatic products except fur-seals and sea-otters.

ARTICLE 14.

The present protocol shall be considered as being ratified upon the ratification of the fisheries convention signed to-day, and shall have the same duration as the said convention.

In witness whereof the Plenipotentiaries have signed the present protocol and sealed it with their seals.

Done at St. Petersburg, in two copies, on the 15th (28th) July, 1907, being the 28th day of the 7th month of the 40th year of Meidji.

[L. 8.]

ISWOLSKY.
GOUBASTOFF.
1. MOTONO.

[L. S.]

[L. S.]

Reciprocal Declarations contained in Protocol No. 4 of the Negotiations on the Fisheries Convention.

1. With regard to the northern coasts of the Sea of Okhotsk, the Imperial Russian Government, without awaiting the final result of the detailed surveys of these coasts, which will be made without delay, agrees to grant fishing tracts to Japanese subjects in all places which are obviously not comprised within the definition agreed on for the term "inlet."

2. With regard to the prohibition to employ foreign workmen in the fishing tracks of the Liman of the Amour, the Plenipotentiary of Russia has given the following explanation to the Plenipotentiary of Japan: In fishing tracts leased for a long term the employment of foreign labourers is prohibited both for fishing and the preparation of fish; however, the owners of these tracts may, at their request, lease tracts of ground for a short term at places situated from onehalf to one dersk from their fishing tracks. No restrictions shall be placed on the nationality of the workmen employed in these tracts of ground intended for use in the preparation of the fish.

In the fishing tracts leased for a short term the employment of foreign labourers is prohibited only in the catching of fish, it being permissible to employ labourers of all nationalities without distinction on land in the preparation of the fish.

It is understood as a matter of course that, in the tracts leased for a long term as well as in those for a short term, the aforementioned restrictions regarding nationality shall not apply to persons who are not comprised within the category of labourers, such as foremen, overseers, clerks, &c.

3. It is understood that the expression "short-term leases" applies only to leases whose term does not exceed one year.

4. It is agreed that the fishing tracts situated within the regions specified in article 1 of the fisheries convention, and leased for a long

term before the said convention went into force, shall also be leased for a long term immediately after the convention goes into force.

5. All Japanese steam vessels navigating in Russian waters for the purpose of engaging there in the fishing industry must be provided with a ship's journal translated into Russian or English. As to Japanese sailing vessels navigating in Russian waters for the purpose of engaging in the fishing industry, they shall comply with the foregoing provision as far as possible.

6. The principles laid down in article 11 of the fisheries convention having been established, the Plenipotentiary of Japan expressed the hope that the Imperial Russian Government, in imposing upon Japanese subjects the restrictions which might be connected with the application of this article, will be guided only by considerations of public order, and that it will endeavour to reduce them as much as possible. The Russian Plenipotentiary replied that he shared this view, and that the intention of the Russian Government was to establish the same rules for all foreigners engaged in the industry mentioned in the same article as are now enforced in the Nicolayefsk region (mouth of the Amour and the Liman), but that it reserved the right not to extend these rules to localities where the supervision is difficult.

7. The Plenipotentiary of Japan, taking note of the final acceptance by the Plenipotentiary of Russia of the wording of article 5 whereby the Russian Government agrees not to collect any duty, impost, or tax, under any denomination whatever, on fish or aquatic products caught or taken within the Russian waters of the provinces of the coast and of the Amour, and intended for export to Japan, whether such fish or aquatic products are manufactured or not, declares that his Government, on its part, will not only not collect the import duties mentioned in article 12, but also no duty, impost, or tax, under any denomination whatever, upon fish and aquatic products caught or taken within the Russian waters of the provinces of the coast and of the Amour and imported into Japan, whether such fish and aquatic products have been manufactured or not.

1409

8. In order to avoid all cause of misunderstanding in future regarding certain inlets comprised within the exception mentioned in article 1 of the fisheries convention, the map herewith enclosed and giving the exact limits of the said inlets has been annexed to the present protocols.

GOUBASTOFF.
I. MOTONO.

APPENDIX (J).

Memorandum submitted by the United States in reply to Abstract of Statutes, Proclamations, &c., filed by Great Britain.