[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 109 Agreed to Senate (ATS)]







105th CONGRESS
  1st Session
S. RES. 109

     Condemning the Government of Canada for its failure to accept 
 responsibility for the illegal blockade of a United States vessel in 
    Canada, and calling on the President to take appropriate action.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 23, 1997

  Mr. Murkowski (for himself, Mr. Stevens, Mr. Gorton, and Mr. Helms) 
 submitted the following resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION


 
     Condemning the Government of Canada for its failure to accept 
 responsibility for the illegal blockade of a United States vessel in 
    Canada, and calling on the President to take appropriate action.

Whereas, Canadian fishing vessels blockaded the M/V MALASPINA, a U.S. passenger 
        vessel operated by the Alaska Marine Highway System, preventing that 
        vessel from exercising its right to innocent passage from 8:00 a.m. on 
        Saturday, July 19, 1997 until 9:00 p.m. Monday, July 21, 1997;
Whereas the Alaska Marine Highway System is part of the United States National 
        Highway System and blocking this critical link between Alaska and the 
        contiguous States is similar in impact to a blockade of a major North 
        American highway or air-travel route;
Whereas the M/V MALASPINA was carrying over 300 passengers, mail sent through 
        the U.S. Postal Service, quantities of fresh perishable foodstuff bound 
        for communities without any other road connections to the contiguous 
        States, and the official traveling exhibit of the Vietnam War Memorial;
Whereas international law, as reflected in Article 17 of the United Nations 
        Convention on the Law of the Sea, guarantees the right of innocent 
        passage through the territorial sea of Canada of the ships of all 
        States;
Whereas the Government of Canada failed in enforce an injunction issued by a 
        Canadian court requiring the M/V MALASPINA to be allowed to continue its 
        passage, and the M/V MALASPINA departed only after the blockaders agreed 
        to let it depart;
Whereas, during the past three years U.S. vessels have periodically been 
        harassed or treated in ways inconsistent with international law by 
        citizens of Canada and by the Government of Canada in an inappropriate 
        response to concerns in Canada about the harvest of Pacific salmon in 
        waters under the sole jurisdiction of the United States;
Whereas Canada has failed to match the good faith efforts of the United States 
        in attempting to resolve differences under the Pacific Salmon Treaty, in 
        particular, by rejecting continued attempts to reach agreement and 
        withdrawing from negotiations when an agreement seemed imminent just 
        before the Canadian national election of June, 1997;
Whereas neither the Government of Canada nor its citizens have been deterred 
        from additional actions against vessels of the United States by the 
        diplomatic responses of the United States to past incidents such as the 
        imposition of an illegal transit fee on American fishing vessels in 
        June, 1994: Now, therefore, be it
    Resolved by the Senate, That it is the sense of the Senate that--
            (1) The failure of the Government of Canada to protect U.S. 
        citizens exercising their right of innocent passage through the 
        territorial sea of Canada from illegal actions and harassment 
        should be condemned;
            (2) The President of the United States should immediately 
        take steps to protect the interests of the United States and 
        should not tolerate threats to those interests from the action 
        or inaction of a foreign government or its citizens;
            (3) The President should provide assistance, including 
        financial assistance, to States and citizens of the United 
        States seeking damages in Canada that have resulted from 
        illegal or harassing actions by the Government of Canada or its 
        citizens; and
            (4) The President should use all necessary and appropriate 
        means to compel the Government of Canada to prevent any further 
        illegal or harassing actions against the United States, its 
        citizens or their interests, which may include--
                    (A) using U.S. assets and personnel to protect U.S. 
                citizens exercising their right of innocent passage 
                through the territorial sea of Canada from illegal 
                actions or harassment until such time as the President 
                determines that the Government of Canada has adopted a 
                long-term policy that ensures such protection;
                    (B) prohibiting the import of selected Canadian 
                products until such time as the President determines 
                that Canada has adopted a long-term policy that 
                protects U.S. citizens exercising their right of 
                innocent passage through the territorial sea of Canada 
                from illegal actions or harassment;
                    (C) directing that no Canadian vessel may anchor or 
                otherwise take shelter in U.S. waters off Alaska or 
                other States without formal clearance from U.S. 
                Customs, except in emergency situations;
                    (D) directing that no fish or shellfish taken in 
                sport fisheries in the Province of British Columbia may 
                enter the United States; and
                    (E) enforcing U.S. law with respect to all vessels 
                in waters of the Dixon Entrance claimed by the United 
                States, including the area in which jurisdiction is 
                disputed.
                                 <all>