[Congressional Record Volume 140, Number 89 (Tuesday, July 12, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: July 12, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                 FISHERMEN'S PROTECTIVE ACT AMENDMENTS

  The text of the bill S. 2243, to amend the Fishermen's Protective 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, as passed by the Senate on July 1, 1994, is as follows:

                                S. 2243

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     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 the 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.

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