Protocol Amending the Interim Convention on Conservation of North Pacific Fur Seals, Washington, 1963

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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, hereinafter referred to as the Convention,

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:

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

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 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.’

In Article III of the Convention, ‘and the Schedule’ shall be deleted.

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 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 numbers 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.’

In Article VIII, paragraph 2 of the Convention, ‘the Schedule’ shall be replaced by ‘Article II, paragraph 3’.

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.’

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’.

The Schedule annexed to the Convention shall be deleted.

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 entered 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 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 eighth day of October 1963, in the English, Japanese, and Russian languages, each text equally authentic.