[Congressional Record Volume 140, Number 72 (Friday, June 10, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 10, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
             UNITED STATES-CANADIAN FISHERIES RELATIONSHIP

  Mr. MURKOWSKI. Madam President, one of the more important natural 
resource arrangements that we have with our northern neighbor, Canada, 
is the Pacific Salmon Treaty, with which the Chair is well familiar. 
This is a treaty under which both our countries have agreed to share 
the benefits of salmon production along the west coast of the United 
States. However, today the treaty is in serious trouble, as the 
Canadian Government decided on unilateral action against the interests 
of the United States.
  This year, negotiations intended to renew several annexes to the 
treaty broke down, with Canada's refusal to participate in a key 
negotiating session in January of this year, and subsequent refusal to 
reopen meaningful discussions on the important conservation measures, 
unless the United States agreed to Canadian demands for an equity 
agreement that would be to Canada's advantage and the United States' 
disadvantage.
  The main goal of the Canadian strategy appeared to be to attempt to 
gain United States agreement to closing or severely limiting 
traditional United States fisheries in both Alaska and Puget Sound. In 
doing so, the Canadians would have succeeded in gaining unprecedented 
concessions, limiting our own jurisdiction over salmon in our waters, 
which under both the Magnuson Act and the Law of the Sea should remain 
solely in our hands. That is in the hands of the United States.
  Canada has complained that the United States has not been willing to 
negotiate an equity agreement. This is not the case at all. As the 
State Department noted yesterday, the United States proposed a 
framework for resolving this highly complicated matter and ensuring 
that, as the treaty requires, each country gains benefits equivalent to 
production of salmon from its waters. Canada, however, was not willing 
to approach this task in an organized, logical fashion, and instead 
insisted that the United States simply accede to the demands of Canada. 
Ultimately, they refused to meet further.
  Canada's actions, and Canada's actions alone, led to the failure of 
our two countries to agree on annexes needed to protect stocks of 
salmon from rivers on both sides, including endangered and depressed 
salmon from the Columbia and Snake Rivers, and from other coastal 
streams in the United States.
  Canada's solution to the impasse was to attempt to force the issue 
into a political arena, where it hoped the administration would attempt 
to override the democratic process established for treaty-related 
decisions, and join the Canadians in forcing the Canadian view down the 
throats of the States of Washington, Oregon, California, and Alaska, 
and of the treaty Indian tribes of the Pacific Northwest, all of whom, 
under the implementing legislation for the treaty, are entitled to a 
say in what happens. In other words, they are the decisionmakers, as 
well.
  To the great credit of the administration, it has refused to give in 
either to the blandishments or the blackmail, and has firmly stood to 
protect the rights of Americans, the role of American States and 
tribes, and the U.S. national interest in control of its own resources.
  However, things have progressed today so that Canada has announced 
the first of what it says would be a series of initiatives designed to 
manage its fisheries, in the words of the Canadian Minister of 
Fisheries, ``to their own advantage and the United States' 
disadvantage.''
  The first action came yesterday, with the announcement that Canada 
intends to charge, Madam President, United States fishing vessels 
approximately $1,100 for each trip traversing Canada's waters between 
Puget Sound and my State of Alaska. In other words, boats entering the 
Canadian waters would be charged $1,100 one way. This has nothing to do 
with the realities associated with meeting and resolving our difference 
of opinion on the Pacific Salmon Treaty. This is a unilateral action by 
the Canadian Government through the Minister of Fisheries to simply 
level a fine for boats transiting what had been traditional free 
passage through Canadian waters in transit from Puget Sound in the 
State of Washington to my State of Alaska.
  In my opinion, this move is an absolute violation of international 
law which ensures the protection and the right of free passage, and may 
well be in violation of the North American Free-Trade Agreement and of 
other measures to which Canada had previously committed itself in a 
cooperative manner with the United States.
  Worse, it potentially endangers the lives of Americans who would, if 
barred from the sheltered waters of the Inside Passage, have to take 
their small boats on the outside of Vancouver Island, offshore to the 
rough and unpredictable and dangerous open ocean.
  Madam President, I call on the President of the United States and the 
State Department to protest this outrageous and illegal action in the 
strongest possible terms, and on other Agencies of the United States to 
take whatever action is necessary to protect the lives, safety, and 
economic interests of United States citizens jeopardized by Canada's 
unwarranted and inappropriate behavior.
  If necessary, Madam President, I would call for the State Department 
to advise the U.S. Coast Guard that, if necessary, the Coast Guard 
should be authorized to accompany U.S. fishing vessels traversing from 
Puget Sound to Alaska. Obviously, unless the Canadian Government sees 
fit to withdraw this, we are going to have an incident. A vessel will 
be stopped and then we will have to face up to the threats of the 
Canadian Government.
  It is my hope that the State Department will advise the Canadian 
Government of its intent to ensure free passage in the traditional 
manner that we have enjoyed, traversing our vessels between Puget Sound 
and Alaska, and ask that they reconsider before such situation develops 
where we do have an incident.
  If necessary, again, Madam President, I think it is appropriate that 
our Coast Guard be alerted, and I know Senator Stevens has already 
initiated that contact. I have alerted the State Department of our 
concern to ensure that we immediately get a review of the international 
law which would encompass questions such as this, and that we 
communicate to the Canadian Government our intention to maintain the 
right of free passage as we have traditionally had it in the past.
  I thank you, Madam President, and I yield the floor.

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