[Congressional Record Volume 140, Number 87 (Friday, July 1, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: July 1, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                 FISHERMEN'S PROTECTIVE ACT AMENDMENTS

  Mr. NUNN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of calendar No. 497, S. 2243, 
the Fishermen's Protection Act.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill will be stated by title.
  The legislative clerk read as follows:

       A bill (S. 2243) to amend the Fishermen's Protection Act of 
     1967 to permit reimbursement of fishermen for fees required 
     by a foreign government to be paid in advance in order to 
     navigate in the waters of that foreign country whenever the 
     United States considers that fee to be inconsistent with 
     international law, and for other purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.


                           amendment no. 2236

     (Purpose: To make an amendment in the nature of a substitute)

  Mrs. HUTCHISON. Mr. President, on behalf of Senator Stevens, I send 
to the desk a substitute amendment, and ask for its immediate 
consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The legislative clerk read as follows:

       The Senator from Texas [Mrs. Hutchison], for Mr. Stevens, 
     proposes an amendment numbered 2236.

  Mrs. HUTCHISON. Mr. President, I ask unanimous consent that reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. FINDINGS.

       The Congress finds that--
       (1) customary international law and the United Nations 
     Convention on the Law of the Sea guarantee the right of 
     passage, including innocent passage, to vessels through the 
     waters commonly referred to as the ``Inside Passage'' off the 
     Pacific Coast of Canada;
       (2) Canada has recently announced that it will require all 
     commercial fishing vessels of the United States to pay 1,500 
     Canadian dollars to obtain a ``license which authorizes 
     transit'' through the Inside Passage off the Pacific Coast of 
     Canada;
       (3) this action is inconsistent with 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 threatens the safety of 
     United States commercial fishermen who may seek to avoid the 
     fee by traveling in less protected waters;
       (4) the Fishermen's Protective Act of 1967 provides for the 
     reimbursement of vessel owners who are forced to pay a 
     license fee to secure the release of a vessel which has been 
     seized, but does not permit reimbursement of a fee paid by 
     the owner in advance in order to prevent a seizure;
       (5) Canada has announced that the license fee may only be 
     paid in two ports on the Pacific Coast of Canada, and must be 
     paid in person or in advance by mail;
       (6) significant expense and delay would be incurred by a 
     commercial fishing vessel of the United States that had to 
     travel from the point of seizure back to one of those ports 
     in order to pay the license fee required by Canada, and the 
     costs of that travel and delay cannot be reimbursed under the 
     Fishermen's Protective Act as presently enacted;
       (7) the Fishermen's Protective Act of 1967 should be 
     amended to permit vessel owners to be reimbursed for fees 
     required by a foreign government to be paid in advance in 
     order to navigate in the waters of that foreign country, 
     provided the United States considers that fee to be 
     inconsistent with international law;
       (8) the Secretary of State should seek to recover 
     from Canada any amounts paid by the United States to 
     reimburse vessel owners who paid the transit license fee;
       (9) the United States should review its current policy with 
     respect to anchorage by commercial fishing vessels of Canada 
     in waters of the United States off Alaska, including waters 
     in and near the Dixon Entrance, and should accord such 
     vessels the same treatment that commercial fishing vessels of 
     the United States are accorded for anchorage in the waters of 
     Canada off British Columbia;
       (10) the President should ensure that, consistent with 
     international law, the United States Coast Guard has 
     available adequate resources in the Pacific Northwest and 
     Alaska to provide for the safety of United States citizens, 
     the enforcement of United States law, and to protect the 
     rights of the United States and keep the peace among vessels 
     operating in disputed waters;
       (11) the President should continue to 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 fee would be against 
     Canada's long-term interests, and should immediately 
     implement any actions which the President deems appropriate 
     until Canada rescinds the fee;
       (12) 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 vessels of the United States vessels in a manner 
     inconsistent with international law; and
       (13) 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.

     SEC. 2. AMENDMENT TO THE FISHERMEN'S PROTECTIVE ACT.

       The Fishermen's Protective Act of 1967 (P.L. 90-482), as 
     amended, is further amended by adding at the end the 
     following new section:
       ``Sec. 11. (a) In any case on or after June 15, 1994, in 
     which a vessel of the United States exercising its right of 
     passage is charged a fee by a government of a foreign country 
     to engage in transit passage between points in the United 
     States (including a point in the exclusive economic zone or 
     in an area over which jurisdiction is in dispute), and such 
     fee is regarded by the United States as being inconsistent 
     with international law, the Secretary of State shall 
     reimburse the vessel owner for the amount of any such fee 
     paid under protest.
       ``(b) In seeking such reimbursement, the vessel owner shall 
     provide, together with such other information as the 
     Secretary of State may require--
       ``(1) a copy of the receipt for payment;
       ``(2) an affidavit attesting that the owner or the owner's 
     agent paid the fee under protest; and
       ``(3) a copy of the vessel's certificate of documentation.
       ``(c) Requests for reimbursement shall be made to the 
     Secretary of State within 120 days of the date of payment of 
     the fee, or within 90 days of the date of enactment of this 
     section, whichever is later.
       ``(d) Such funds as may be necessary to meet the 
     requirements of this section may be made available from the 
     unobligated balances of previously appropriated funds 
     remaining in the Fishermen's Guaranty Fund established under 
     section 7 and the Fishermen's Protective Fund established 
     under section 9. To the extent that requests for 
     reimbursement under this section exceed such funds, there are 
     authorized to be appropriated such sums as may be needed for 
     reimbursements authorized under subsection (a).
       ``(e) The Secretary of State shall take such action as the 
     Secretary deems appropriate to make and collect claims 
     against the foreign country imposing such fee for any amounts 
     reimbursed under this section.
       ``(f) For purposes of this section, the term `owner' 
     includes any charterer of a vessel of the United States.
       ``(g) The provisions of this section shall remain in effect 
     until October 1, 1995.''.

     SEC. 3. REAUTHORIZATION.

       (a) Section 7(c) of the Fishermen's Protective Act of 1967 
     (22 U.S.C. 1977(c)) is amended by striking ``The amount fixed 
     by the Secretary shall be predicated upon at least 33\1/3\ 
     per centum of the contribution by the Government.''.
       (b) Section 7(e) of the Fishermen's Protective Act of 1967 
     (22 U.S.C. 1977(e)) is amended by striking ``October 1, 
     1993'' and inserting in lieu thereof ``October 1, 2000''.

     SEC. 4. TECHNICAL CORRECTION.

       (a) Section 15(a) of Public Law 103-238 is amended by 
     striking ``April 1, 1994,'' and inserting ``May 1, 1994.''.
       (b) The amendment made by subsection (a) shall be effective 
     on and after April 30, 1994.

  Mrs. MURRAY. Mr. President, 2 weeks ago Canada began collecting a 
$1,100 fee from United States fishing boats sailing each way through 
Canadian waters between Alaska and Washington State. The Canadian 
action was precipitated by a breakdown in the negotiations with the 
United States over the Pacific Salmon Treaty. In the first week, about 
200 boats had been forced to pay the Canadian fee.
  Senator Stevens and I have both already introduced various bills to 
respond to the fee problem by reimbursing the owners of the boats 
through the Fishermen's Protective Act. Since that time, we have worked 
together to refine our bills into this legislation to provide relief to 
these fishermen as quickly as possible. As I just mentioned, this bill 
is a bipartisan effort between the Senators from the Pacific Northwest, 
Alaska, and the administration.
  The National Security Council has affirmed its support for financial 
reimbursement to boat owners through the Fishermen's Protective Act. I 
have worked closely with the Office of Management and Budget to ensure 
that it had no objections to this bill.
  Last week Vice President Gore met with Canadian Ambassador Chretien 
about restarting the stalled negotiations over the Pacific Salmon 
Treaty. The Vice President promised to continue to be personally 
involved in these important negotiations. The Canadian Ambassador said 
that he felt that the elevation of these negotiations is a very 
positive sign. I hope that the Government of Canada responds quickly to 
this new commitment by the administration, lifts the fees, and joins us 
again at the negotiating table.
  Mrs. HUTCHISON. Mr. President, I urge adoption of the amendment.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 2236) was agreed to.
  Mrs. HUTCHISON. Mr. President, I move to reconsider the vote and to 
lay that on the table.
  The motion to lay on the table was agreed to.
   The PRESIDING OFFICER. The question is on the engrossment and third 
reading of the bill.
   The bill was ordered to be engrossed for a third reading, was read 
the third time, and passed.
  (The text of S. 2243, as passed, will appear in a future edition of 
the Record.)
  Mr. NUNN. Mr. President, I move to reconsider the vote.
  Mrs. HUTCHISON. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. NUNN. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. MITCHELL. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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