To His Excellency John A. Bingham to To His Excellency J. A. Bingham , Envoy Extraordinary and, August 4, 1875

No. 338. Mr. Bingham to Mr. Fish.

Sir: On the 31st ultimo, I received from his excellency Terashima Munenori, the Japanese minister for foreign affairs, the inclosed communication in relation to the fisheries of Japan, together with the fishing regulations adopted by his government, copies of which communication and of the regulations (translated) I have the honor to inclose herewith, (inclosure 1.)

You will observe the general terms in which fishing is prohibited, both as to the distance from the shore and the coast to which the prohibition applies. It seems to me desirable that the regulations should be more definite in these particulars, and J shall avail myself of an early opportunity to confer with my colleagues and with the foreign minister upon the subject.

The recent exchange of territory between Russia and Japan the north has not yet been officially communicated to me, and hence I am in doubt as to the territory included within the regulations.

I beg leave to submit the matter to your consideration, and to request of the Department such instructions in relation thereto as may be deemed advisable. I especially ask the attention of the Department to the second and third regulations, providing for the search and seizure of our vessels on the high seas.

I am, &c.,

Proposed regulations concerning the taking animals by fishing, by hunting, or otherwise, on the shores of and off the coasts of all the islands of Hokkaido and of those adjacent thereto wider the jurisdiction of the empire of Japan.

• Every foreign vessel is prohibited from taking fish or other marine animals, either by the use of hooks and lines, or of nets, by shooting them, or in any other way whatever, within reach of a cannon-shot from the shore of any of the coasts of all the islands of Hokkaido and of those adjacent thereto belonging to this empire.
• It shall be the duty of the Japanese officers specially appointed for the purpose to warn the vessel to leave the place when they have cause to believe her to be violating or to be preparing to violate this prohibition; and if a foreign vessel be found to have violated this prohibition, the said officers shall have the right to board such foreign vessel and to examine her cargo.
• Whenever any foreign vessel has violated the prohibition contained in the first article, and whenever she shall refuse to leave the place or to allow the examination of her cargo, as mentioned in the second article, it shall be lawful for the officers mentioned in the above article to bring such vessel into the nearest open port, where she shall be placed in charge of the consul of her nationality, and, upon examination, if she be proved guilty, she shall be condemned to make proper reparation.