[Congressional Record Volume 140, Number 75 (Wednesday, June 15, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 15, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
 SENATE RESOLUTION 226--EXPRESSING THE SENSE OF THE SENATE RELATIVE TO 
              NEGOTIATIONS UNDER THE PACIFIC SALMON TREATY

  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:

                              S. Res. 226

       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'' off 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;
       Whereas, there is precedent in U.S. law for reimbursing 
     American vessels forced to pay such fees when the U.S. 
     determines that the fees are illegal: Now, therefore be it
       RESOLVED by the Senate and House of Representatives of the 
     United States in Congress assembled, 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 safety of U.S. 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 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.

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