[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 226 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
S. RES. 226

 Expressing the sense of the Senate relating to negotiations under the 
                         Pacific Salmon Treaty.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 15 (legislative day, June 7), 1994

Mr. Gorton (for himself, Mr. Stevens, Mr. Murkowski, Mr. Packwood, and 
Mr. Hatfield) submitted the following resolution; which was referred to 
         the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                               RESOLUTION


 
 Expressing the sense of the Senate relating to negotiations under the 
                         Pacific Salmon Treaty.

Whereas customary international law and the United Nations Convention on the Law 
        of the Sea guarantee the right of passage, including innocent passage, 
        of vessels through waters commonly referred to as the ``Inside Passage'' 
        of the Pacific coast of Canada;
Whereas Canada is a signatory to the United Nations Convention on the Law of the 
        Sea;
Whereas Canada has recently announced that it will require commercial fishing 
        vessels of the United States to pay 1,500 Canadian dollars to obtain a 
        ``license which authorizes transit'' through certain waters of the 
        ``Inside Passage'' off the Pacific coast of Canada;
Whereas such action by Canada may endanger the lives of Americans who would--if 
        unable to pay the fee--have to take their small boats into the open 
        ocean to pass between United States destinations;
Whereas Canada has attempted to justify this action as necessary to encourage 
        the United States to accept changes sought by Canada to the Pacific 
        Salmon Treaty;
Whereas Canada has announced that this transit license is the first of a series 
        of actions designed to be ``to Canada's advantage and the United States' 
        disadvantage'';
Whereas the Canadian transit license has no conceivable relationship to fishery 
        management under the Pacific Salmon Treaty;
Whereas the United States will not be forced to negotiate by illegal acts;
Whereas this action is a clear violation of international law, including the 
        United Nations Convention on the Law of the Sea, and in particular 
        article 26 of that Convention, which specifically prohibits such fees; 
        and
Whereas there is precedent in United States law for reimbursing American vessels 
        forced to pay such fees when the United States determines that the fees 
        are illegal: Now, therefore, be it
    Resolved, That--
            (1) the United States should reimburse the owner of any 
        United States fishing vessel forced to pay such transit license 
        fee in accordance with section 3 of the Fishermen's Protective 
        Act (22 U.S.C. 1973), and should seek reimbursement for any 
        such payments from Canada under section 5 of that Act (22 
        U.S.C. 1975);
            (2) to the extent section 3 of the Fishermen's Protective 
        Act does not allow reimbursement for vessels which have not 
        been ``seized,'' Congress should amend the Act to authorize 
        such reimbursement for all vessel owners who pay the transit 
        license fee;
            (3) the United States should prohibit the use of United 
        States waters off Alaska, including waters in and near the 
        Dixon entrance, for purposes of anchorage without proper 
        customs clearance by commercial fishing vessels of Canada;
            (4) the President should direct the Coast Guard to take all 
        steps necessary in accordance with the recognized principles of 
        international law to provide for the safety of United States 
        citizens exercising their right of passage in Canadian waters;
            (5) the President should review all agreements between the 
        United States and Canada to identify other actions that may be 
        taken to convince Canada that continuation of the transit 
        license policy would be against Canada's long term interests, 
        and should immediately implement any such actions which the 
        President deems appropriate until Canada rescinds the policy;
            (6) the President should immediately convey to Canada in 
        the strongest terms that the United States will not now, nor at 
        any time in the future, tolerate any action by Canada which 
        would impede or otherwise restrict the right of passage of 
        United States vessels in violation of customary international 
        law; and
            (7) the United States should redouble its efforts to seek 
        expeditious agreement with Canada on appropriate fishery 
        conservation and management measures that can be implemented 
        through the Pacific Salmon Treaty to address issues of mutual 
        concern.

                                 <all>