But the exact percentage of decrease is immaterial. That it has been a "notable" decrease is sufficient, and this is unquestioned. It may be noted in passing that this unequivocal decrease occurs in two seasons during which there was perfect enforcement of the regulations of the Paris award.
9. The methods of driving and killing practiced on the islands, as they have come under our observation during the past two seasons, call for no criticism or objection. An adequate supply of bulls is present on the rookeries; the number of older bachelors rejected in the drives during the period in question is such as to safeguard in the immediate future a similarly adequate supply; the breeding bulls, females, and pups on the breeding grounds are not disturbed; there is no evidence or sign of impairment of virility of males; the operations of driving and killing are conducted skillfully and without inhumanity.
It was agreed by the commission of 1892 that "excessive killing by man" was the cause of the decline of the herd. As to the "man" in question the two sets of commissioners differed diametrically. The Americans placed the responsibility with the pelagic sealer; the British, with the lessees through their methods of sealing on land.
To any one who is at all familiar with the conspicuous part which the theories of close killing, and especially overdriving, played in the British contention before the Paris Tribunal of Arbitration, this full and frank vindication comes as a refreshing surprise. That it should be agreed to by British scientific experts ought to revive even Dr. Mendenhall's faith. It is true that the statement is carefully limited to the seasons under observation, but neither the principle nor the methods of land killing have been altered within the past half century except in so far as they have been improved. It was an absurd and foolish theory which ascribed to the treatment of the non-breeding and superfluous male life of a herd of polygamous animals responsibility for the decline of its breeding stock, but it served a purpose useful to Canadian interests before the Paris tribunal. It is now forever eliminated from the fur-seal question.
10. The pelagic industry is conducted in an orderly manner, and in a spirit of acquiescence in the limitations imposed by law.
This statement is true, though wholly irrelevant to the question of the efficiency of the regulations themselves. Moreover, it stands as an implied impeachment of the active and efficient patrol fleet constantly maintained by the United States and Great Britain for the enforcement of the regulations governing the pelagic industry. For example, there were in 1896 five American and three British vessels engaged in active patrol of the waters of Bering Sea. One would think it a foregone conclusion that the pelagic industry should be law-abiding, whether of its own volition or not. In addition to all this, however, the regulations are as admirably suited to the needs of the pelagic sealer as if he had himself prepared them. There is, therefore, no reasonable incentive to violate them. Viewed in this light, this statement seems ludicrous, but it has a justification not evident at first sight.
The British experts demanded this statement as a balm for the wounded feelings of the pelagic sealer, and, such being the fact, the American commissioners assumed that it could do no harm to place it on record that he has conformed to the requirements of the law. But from the American point of view this paragraph has a wider and deeper meaning. We have seen in the opening paragraph that the decline in the herd has been continuous and uninterrupted during the period of the Paris regulations. It is admitted in paragraph 8 that the decrease for this same period has been a "notable" one. The rate is specified in paragraph 7 as from "nine to twelve per cent" during two years when the regulations were rigidly enforced. It only requires the climax of paragraph 10, asserting the perfect observance of the regulations, to complete their condemnation.
11. Pelagic sealing involves the killing of males and females alike, without discrimination and in proportion as the two sexes coexist in the sea. The reduction of the males effected on the islands causes an enhanced proportion of females to be found in the pelagic catch; hence this proportion, if it vary from no other cause, varies at least with the catch on the islands. In 1895 Mr. A. B. Alexander, on behalf of the Government of the United States, found 62.3 per cent of females in the catch of the Dora Sieward in Bering Sea; and in 1896 Mr. Andrew Halkett, on behalf of the Canadian Government, found 84.2 per cent in the catch of the same schooner in the same sea. There are no doubt instances, especially in the season of migration and in the course of the migrating herds, of catches containing a different proportion of the two sexes.