RUSSIAN-JAPANESE CONVENTION CONCERNING 
 
 FISHERIES. 
 
 Signed July 15 (28), 1907. 
 (Translation.) 
 
 His Majesty the Emperor of All the Russians and His Majesty the Emperor 
 of Japan have, for the purpose of concluding a fisheries convention in accord- 
 ance with the provisions of Article XI of the treaty of peace concluded at 
 Portsmouth on August 23 (September 5), 1U05, (being the 5th day of the 
 9th month of the 38th year of Meidji) appointed as their Plenipotentiaries, 
 to wit: 
 
 His Majesty the Emperor of All the Russians: 
 
 Alexander Iswolsky, Master of His Court and Minister for Foreign Affairs, and 
 
 His Privy Councilor Constantine Goubastoff, Assistant Minister for Foreign 
 Affairs; and 
 
 His Majesty the Emperor of Japan : 
 
 Itchiro Motono, Doctor of Laws, his Envoy Extraordinary and Minister 
 Plenipotentiary near His Majesty the Emperor of All the Russians; 
 
 Who, after having communicated to each other their respective full powers, 
 found in due and good order, have concluded the following articles: 
 
 Article I. 
 
 The Imperial Government of Russia grants to Japanese subjects, in accord- 
 ance with the provisions of the present convention, the right to fish, catch, 
 and prepare all kinds of fish and aquatic products, except fur seals and sea 
 otters, along the Russian coasts of the seas of Japan, Okhotsk, and Behring, 
 with the exception of the rivers and inlets. The inlets which constitute the 
 objects of the above exception are enumerated in article 1 of the protocol 
 hereto annexed. 
 
 Article II. 
 
 Japanese subjects are authorized to engage in fishing and in the preparation 
 of fish and aquatic products in the fishing tracts specially designated for this 
 purpose, situated both at sea and on the coasts, and which shall be leased at 
 public auction without any discrimination between Japanese and Russian subjects, 
 either for a long term or for a short term. Japanese subjects shall enjoy in this 
 respect the same rights as Russian subjects who have acquired fishing tracts in 
 the regions specfied in Article I of the present convention. 
 
 The dates and places appointed for these auctions, as well as the necessary 
 details relative to the leases of the various fishing tracts, shall be officialy 
 notified to the Japanese consul at Vladivostok at least two months before the 
 auctions. 
 
 The fishing for whale and codfish, as well as for all kinds of fish and aquatic 
 
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LIBRARY OF CONGRESS 
 
 '•p'^EIVe'^ 
 
 APR 8-^1921 
 
 DOCUMtNTi. ^ \ olON 
 
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 products which cannot be taken within special tracts, shall be permitted to Japanese 
 subjects on sea-going vessels provided with a special permit. 
 
 Article ni. 
 
 Japanese subjects who shall have acquired fishing tracts by lease in accor- 
 dance with the provisions of Article II of the present convention shall have, 
 within the limits of these tracts, the right to make free use of the coasts which 
 have been granted to them for the purpose of carrying on their fishing industry. 
 They may make on these coasts the necessary repairs to their boats and nets, 
 haul the latter on land and land their fish and aquatic products, and salt, dry, 
 prepare, and store their fish and other hauls there. For these purposes they 
 shall be at liberty to construct thereon buildings, stores, cabins, and drying 
 houses, or to remove them. 
 
 Article IV. 
 
 Japanese subjects and Russian subjects who have acquired fishing tracts in 
 the regions specified in Article I of the present convention shall be treated on 
 an equal footing in everything regarding imposts or taxes, which are or shall 
 be levied on the right to fish and to prepare fishing products, or on the movable 
 or immovable property necessary in this industry. 
 
 Article V. 
 
 The Imperial Russian Government shall not collect any duty on fish and 
 aquatic products, cut or taken in the provinces of the coast and of the Amour, 
 whether such fish and aquatic products are manufactured or not, when they 
 are intended for export to Japan. 
 
 Article VI. 
 
 No restriction shall be established regarding the nationality of persons 
 emplo3'ed by Japanese subjects in fishing or in the preparation of fish and 
 aquatic products in the regions specified in Article I of the present convention. 
 
 Article VII. 
 
 With regard to the mode of preparation of fish and aquatic products, the 
 Imperial Russian Government agrees not to impose on Japanese subjects any 
 special restrictions from which Russian subjects are exempt who have acquired 
 fishing tracts in the regions specified in Article I of the present convention. 
 
 Article VIII. 
 
 Japanese subjects who have acquired the right to fish may proceed directly 
 either from Japan to the fishing grounds or from these grounds to Japan on 
 vessels provided with a certificate issued in Japan by the competent Russian 
 consulate, as well as with a bill of health issued by the Japanese authorities. 
 
 The said vessels shall be authorized to transport from one fishing ground 
 to another, without imposts or taxes, the persons and articles necessary in the 
 fishing industry, as well as the fish and other sea products. The aforementioned 
 vessels shall submit in all other respects to the Russian laws on coasting trade 
 at present enforced or which may be enacted in future. 
 
— 3 — 
 
 Article IX. 
 
 Japanese and Russian subjects who have acquired fishing tracts in the regions 
 specified in Article I of the present convention shall be placed in a footing of 
 equality with regard to the laws, regulations, and ordinances at present in force 
 or which may be enacted in future concerning fish culture and the protection 
 of fish and aquatic products, the supervision of the industry connected therewith, 
 and any other matter relating to fisheries. 
 
 The Japanese Government shall be notified of newly enacted laws and regu- 
 lations at least six months before their enforcement. 
 
 With regard to newly enacted ordinances, notice shall be given thereof to the 
 Japanese consul at Vladivostok at least two months before they go into eifect. 
 
 Article X, 
 
 With regard to matters not specially designated in the present convention, 
 but which relate to the fishing industry in the regions specified in Article I of the 
 said convention, Japanese subjects shall be treated on the same footing as Rus- 
 sian subjects who have acquired fishing tracts in the aforementioned regions. 
 
 Article XI. 
 
 Japanese subjects may engage in the preparation of fish and aquatic pro- 
 ducts within the tracts of ground which shall be rented to them outside the 
 regions specified in Article I of the present convention, always submitting to 
 the laws, regulations, and ordinances which are or may be in force and appli- 
 cable to all foreigners in Russia. 
 
 Article XII. 
 
 The Imperial Government of Japan, in consideration of the fishing rights 
 granted by the Imperial Government of Russia to Japanese subjects by virtue 
 of the present convention agrees not to levy any import duties on the fish and 
 aquatic products caught or taken within the provinces of the coast and the 
 Amour, whether these fish and aquatic products are manufactured or not. 
 
 Article XIII. 
 
 The present convention shall remain in force for twelve years. It shall be 
 renewed or modified at the end of every twelve years, by virtue of a mutual 
 agreement between the two High Contracting Parties. 
 
 Article XIV. 
 
 The present convention shall be ratified and the ratifications exchanged at 
 Tokyo as soon as possible and at all events not later than four months after 
 its signature. 
 
 In witness whereof the respective Plenipotentiaries have signed the present 
 convention and affixed thereto their seals 
 
 Done at St. Petersburg, July 15 (28), 1907, being the 28th day of the 7th 
 month of the 40th year of Meidji. 
 
 (L. S.) ISWOLSKY. (L. S.) I. MOTONO. 
 
 (L. S.) GOUBASTOFF. 
 
— 4 — 
 
 PROTOCOL. 
 
 The Government of His Majesty the Emperor of All the Russians and the 
 Government of His Majesty the Emperor of Japan deeming it necessary to 
 settle certain questions arising from the provisions of the fisheries convention 
 signed this day, their respective Plenipotentiaries have agreed on the following 
 articles : 
 
 Article 1. 
 
 The inlets comprised within the exception mentioned in Article I of the 
 fisheries convention signed to-day are the following: 
 
 1. St. Lawrence Bay, as far as a straight line drawn from Cape Pnaugun to 
 Cape Kharguilakh. 
 
 2. Metchigeme Bay. 
 
 3. Konian (Penkegunei) Bay, as far as a straight line drawn from Cape 
 Netchkonone to Grab Peak. 
 
 4. Abolechev (Kalagan) Bay. 
 
 5. Roumilet Bay. 
 
 6. Providence Bay, as far as a straight line drawn from Cape Lissovsky to 
 Ball's Head. 
 
 7. Saint Croix Bay, as far as the parallel of Cape Meetchken. 
 
 8. Anadyr Baj^ as far as a straight line drawn from Cape Saint Basilius 
 to Cape Guek. 
 
 9. Saint Paul Bay. 
 
 10. Schliupotchna'ia Gavane. 
 
 11. Tuleny Lake. 
 
 12. Schestifoutovy Lake. 
 
 13. Northern part of the Gulf of Baron Korfif. 
 
 14. Port Karaga. 
 
 15. B6tch6vinsky Bay. 
 
 16. Avatchinsky Bay, as far as a straight line drawn from Cape Bezimianny 
 to Cape Dalny. 
 
 17. Penjinsky Gulf, as far as the parallel of Cape Mamet. 
 
 18. Grand Duke Constantine Bay. 
 
 19. Saint Nicholas Gulf, as far as a straight line drawn from Cape Lamsdorfl 
 to Cape Grote. 
 
 20. Stchastia Bay, 
 
 21. Baikal Gulf, as far as a straight line drawn from Cape Tchaouno to 
 Cape Vitovtov. 
 
 22. Nvisky Gulf. 
 
 23. Nkbilsky Gulf. 
 
 24. Krestovy Bay. 
 
 25. Stark Bay. 
 
 26. Vanine Bay, as far as a straight line drawn from Cape Vessely to 
 Cape Bourny. 
 
 27. Imperial Harbor, as far as a straight line drawn from Cape Milioutine 
 to Cape Poutiatine. 
 
 28. Ternei Bay, as far as the meridian of Cape Strachny. 
 
 29. Saint Vladimir Bay, as far as a straight line drawn from Cape Balusek 
 to Cape Vatovsky. 
 
 80. Small inlet situated in the northeast portion of Pr6obraj6ni6 Bay, as far 
 as the meridian of Cape Matveiev. 
 
 It is understood that the exception in question shall extend only as far as 
 the boundaries of the Russian territorial waters. 
 
 With regard to the northern coasts of the Okhotsk Sea, from the mouth of 
 the Podkaguerny River to Port Ayan, with exception of Penjinsky Gulf (see 
 
- 5 — 
 
 No. 17 above), the inlets to be comprised within the aforementioned exception 
 shall be determined according to the following definition : Bays which cut 
 into the continent a distance three times as great as the width of their entrance. 
 Fishing shall, moreover, be prohibited to Japanese subjects as well as other 
 foreigners, for strategical reasons, within the limits of the territorial waters of 
 the following bays : 
 
 1. De Castries Bay, together with Frederickse Bay, as far as a straight line 
 drawn from De Castries Bay to Cape Kloster-Kamp and to a line drawn from 
 Cape Kloster-Kamp to Cape Ostry. 
 
 2. St. Olga Bay, as far as a straight line drawn from Cape Manevsky to 
 Cape Schtott. 
 
 3. Peter the Great Bay, from Cape Povorotony to Cape Gamov, including 
 the islands within this Bay. 
 
 4. Possiet Bay, from Cape Jamov to Cape Boutakov. 
 
 Article 2. 
 
 As far as the limits of the river with regard to the sea are concerned, the 
 two High Contracting Parties will conform to the principles and usages of 
 international law. 
 
 Article 3. 
 
 The right of fishing granted to Japanese subjects within the Liman of the 
 Amour, by virtue of the fisheries convention, is subject to the following 
 special conditions : 
 
 1. Japanese subjects may acquire fishing tracts within this region at public 
 auction on the same footing as Russian subjects. 
 
 2. Japanese subjects who have acquired fishing tracts shall be subject, in all 
 respects with regard to the fishing industry, to the same laws, regulations, and 
 ordinances, already enacted or to be enacted for river fishing in the basin of 
 the Amour, as Russian subjects who have been awarded fishing tracts themselves, 
 and especially to the provisions which prohibit persons who have been granted 
 fishing tracts in this region from employing foreign laborers. 
 
 Article 4. 
 
 Japanese subjects may, at their request, acquire fishing tracts at public 
 auction anywhere within the regions specified in Article I of 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 pro- 
 tection 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 to 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 II, 
 IV, VII, IX. and X of the fisheries convention and article 4 of the present 
 protocol) shall neither apply to colonists nor to native races enjoying special 
 privileges. 
 
— 6 — 
 
 Article 6. 
 
 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 I 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 XIII 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 consu- 
 lates 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 fishmg 
 industry, and its quantity. 
 
— 7 — 
 
 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, etc., by virtue of the third paragraph of Article II 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 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 ratifica- 
 tion of the fisheries convention signed to-day, and shall have the same duration 
 as the said convention. 
 
 In witness whereof the Plenipotentairies have signed the present protocol 
 and sealed it with their seals. 
 
 Done at St. Petersburg, in two copies, on July 15 (28), 1907, being the 28th 
 day of the 7th month of the 40th year of Meidji. 
 
 (L. S.) ISWOLSKY. (L. S.) I. MOTONO. 
 
 (L. S.) GOUBASTOFF. 
 
 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 wdthout 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". 
 
— 8 — 
 
 2. With regard to the prohibition to employ foreign workmen in the fishing 
 tracks of the Liraan 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 laborers 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 
 one-half 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 
 laborers is prohibited only in the catching of fish, it being permissible to employ 
 laborers 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 laborers, such as foremen, overseers, clerks, etc. 
 
 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 I 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 navi- 
 gating 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 XI 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 endeavor 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 o*' Jaj)an, taking note of the final acceptance by the 
 Plenipotentiary of Russia of the wording of Article V whereby the Russian 
 Government agrees not to collect any duty, impost, or tax, under any denomi- 
 nation 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 mauufactured or 
 not, declares that his Government, on its part, will not only not collect 
 the import duties mentioned in Article XII, 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. 
 
 8. In order to avoid all cause of misunderstanding in future regarding certain 
 inlets comprised within the exception mentioned in Article I of the fisheries 
 convention, the map herewith inclosed and giving the exact limits of the said 
 inlets has been annexed to the present protocols. 
 
 GOUBASTOFF. I. MOTONO. 
 
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