Protocol Amending the Interim Convention on Conservation of North Pacific Fur Seals, Washington, 1976

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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, as amended, hereinafter referred to as the Convention,

Having given due consideration to the recommendations adopted by the North Pacific Fur Seal Commission on March 28, 1974, and to the exchange of views expressed at the North Pacific Fur Seal Conference in March and December 1975, and

Desiring to amend the Convention,

Have agreed as follows:

The Convention shall be amended by this Protocol as from the date of its entry into force.

Article II, paragraph 2(f) of the Convention shall be replaced by the following:

‘ (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;’.

1. In Article II, paragraph 2 of the Convention, ‘and’ at the end of subparagraph (h) shall be deleted and ‘(i)’ shall be replaced by ‘(j)’.

2. After Article II, paragraph 2(h) of the Convention, the following shall be inserted:

‘ (i) effects of man-caused environmental changes on the fur seal populations; and’.

Article II, paragraph 3(b) of the Convention shall be replaced by the following:

‘ (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’.

Article IV of the Convention shall be replaced by the following:

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.’

Article V, paragraph 2(d) of the Convention shall be replaced by the following:

‘ (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 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 meat for such persons from the seasonal commercial harvest or research activities; and’.

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 the Convention, and make recommendations thereon to the Parties at the end of the twenty-first year after entry into force of the Convention.’

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

Article V, paragraph 6 of the Convention shall be replaced by the following:

‘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.’

Article IX, paragraph 3 of the Convention shall be replaced by the following:

‘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 XI of the Convention shall be replaced by the following:

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 XIII, paragraph 3 of the Convention shall be replaced by the following:

‘3. The Convention shall enter into force on the date of the deposit of the fourth instrument of ratification.’

Article XIII, paragraph 4, of the Convention shall be replaced by the following:

‘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.’

1. In Article XIII of the Convention, paragraph ‘5’ shall be redesignated as ‘6’.

2. After Article XIII, paragraph 4, of the Convention, the following shall be inserted:

‘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.’

1. This Protocol shall be subject to ratification or acceptance. Instruments of ratification or acceptance shall be 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 or acceptances deposited.

3. This Protocol shall enter into force on the date on which the fourth instrument of ratification or acceptance is deposited with the Government of the United States of America.

4. The original of this Protocol 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 this Protocol.

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

DONE at Washington this seventh day of May, 1976, in the English, Japanese, and Russian languages, each text equally authentic.