[Congressional Record Volume 143, Number 105 (Wednesday, July 23, 1997)]
[Senate]
[Pages S7911-S7912]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  CONDEMNING THE GOVERNMENT OF CANADA

  Mr. MURKOWSKI. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Senate Resolution 109, which 
was submitted earlier today by my colleague, Senator Stevens, as well 
as myself and other Members.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 109) condemning the Government of 
     Canada for failing to accept responsibility for the illegal 
     blockade of a U.S. vessel in Canada and calling on the 
     President to take appropriate action.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the resolution?
  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. MURKOWSKI. Mr. President, this resolution expresses the sense of 
the Senate that the Government of Canada failed to act responsibly to 
quickly restore order and the rule of law during the recent blockade of 
the Alaska State ferry, the motor vessel Malaspina. I am pleased to be 
joined in this measure by the senior Senator from Alaska, Senator 
Stevens, the chairman of the Foreign Relations Committee, Senator 
Helms, and the senior Senator from Washington, Senator Gorton.
  Mr. President, the amendment responds to this illegal blockade, in 
which a large number of Canadian fishing vessels joined forces to 
prevent the Malaspina from departing from Prince Rupert, BC, from 
approximately 8 a.m. Saturday morning until approximately 9 p.m. on 
Monday.
  The actions of these Canadian fishermen was a clear violation of 
international law which provides for the right of free passage, and 
continued Monday in violation of a Canadian court order against the 
blockade, issued on Sunday. Obviously, Canadian authorities had a 
difficult task, but the reality is that they failed to take timely 
action to disperse this illegal demonstration. Indeed, they delayed 
even serving their own Canadian court's injunction against the 
blockaders.
  This incident caused distress, financial harm, and inconvenience to 
some 300 passengers, primarily American passengers, on board the 
vessel, and to the State of Alaska that operates the system, and to 
companies which had consigned freight shipments to the vessel. While 
the Canadian fishermen claimed their action was in response to a 
fishing dispute, the blockade of this vessel went far beyond any 
fishing dispute into a very dangerous area, and created an 
international incident.
  There is little difference, in reality, between this blockade and the 
interruption of traffic on a major international highway such as New 
York's Route 81 to Montreal. The Alaska Marine Highway System is part 
of our U.S. Interstate Highway System. Operating money for the 
Malaspina and other vessels in the system receive funding through 
ISTEA, our national highway legislation. Any vehicles that can traverse 
the interstate highways of Alaska can be accommodated in the MV 
Malaspina. It carries approximately 105 cars, vans--you name it. So, it 
is an official part of the U.S. National Highway System. Moreover, Mr. 
President, this ship was also carrying the U.S. mail.
  This resolution will put the Senate on record in opposition to this 
and future illegal attacks on the U.S. transportation network, and 
specifically the Alaska Marine Highway System. It calls upon the 
President to do whatever is necessary and whatever is appropriate to 
ensure that the Government of Canada takes steps to guarantee that 
illegal actions against American citizens will not be allowed. It also 
calls on the President to assist American citizens who were harmed by 
this illegal action to recover damages from those responsible and/or 
from the Canadian Government.
  Yesterday I spoke with Canada's Ambassador to the United States. He 
apologized for the burning of the U.S. flag by one of the fishing 
vessels--an unfortunate incident. On the other hand, even at that time, 
more than 2 days after the beginning of the blockade, the Ambassador 
was not able to confirm to me that his government had the necessary 
commitment to take appropriate steps that may be necessary in such 
illegal actions. He indicated that he would attempt to find out what 
action would be considered if the vessels didn't voluntarily depart the 
area.

  I am still awaiting the call, although the issue has since been 
resolved. Ultimately, it was the fishermen themselves who decided to 
remove that blockade, not any formal action of the Canadian Government 
in enforcing, if you will, the Canadian court order. Indeed, the 
Canadian Minister of Fisheries, who met with the fishermen yesterday, 
was quoted in the press as saying he would not even ask the fishermen 
to cease the blockade.
  I know emotions run high. I very much value our relationship with our 
Canadian neighbors. But an unlawful act such as this, where United 
States commerce is affected, United States mails are affected, the 
orderly transportation of United States citizens is affected, and the 
Canadian and the British Columbian justice systems fail to take 
immediate action to terminate the illegalities, was very disappointing 
to those of us in Alaska and the United States.
  I know the administration views this matter seriously. I know they 
have under consideration certain steps that may be necessary to protect 
U.S. interests. I believe the Senate should show its support for the 
President in this matter and that is exactly what the resolution does.
  It specifically encourages using United States assets and personnel 
to protect United States citizens exercising their right of innocent 
passage through the territorial seas of Canada from such illegal 
actions or harassment, until such time as the President determines the 
Government of Canada has adopted a long-term policy that ensures such 
protection. That could include escort by the U.S. Coast Guard, if 
necessary.
  Second, it says we should consider prohibiting the import of select 
Canadian products until such time as the President determines that 
Canada has adopted a long-term policy that protects United States 
citizens exercising the right of innocent passage through the 
territorial seas of Canada from illegal actions or harassment.
  Third, it suggests the possibility of directing that no Canadian 
vessel may anchor or otherwise take shelter in United States waters off 
Alaska or any other State without formal clearance from United States 
Customs, except of course in the case of storms or other emergencies.
  Fourth, it reflects that the President might find it appropriate to 
say that no fish or shellfish taken in sport fisheries in the Province 
of British Columbia may enter the United States.
  Last, it suggests enforcing U.S. laws with respect to all vessels in 
Dixon Entrance, including the waters where jurisdiction is disputed. It 
is my hope these actions will not be necessary, and that we will get 
the necessary assurances from the Canadian Government.
  Many say this is a fishing issue. Mr. President, the fishing issue is 
paramount but that can only be resolved through negotiations. It is 
fair to say of the last negotiation, that the Canadians saw fit to walk 
out and have not been back since. It is my hope those negotiations will 
resume soon, but that takes two parties to begin.
  In any event, I ask my colleagues for support on the Senate 
resolution.
  Mr. President, It is my intention, with the permission of the floor 
manager, to ask for the yeas and nays on the amendment.
  Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  Mr. MURKOWSKI. I assume we could, perhaps, arrange for a rollcall 
vote around 4 o'clock, or stacked with the other votes that are 
pending, if that is in agreement with my friend?
  Mr. COCHRAN. If the Senator will yield, I am prepared to make a 
unanimous-consent request to that effect, if that is satisfactory to 
the Senator.
  Mr. MURKOWSKI. I yield the floor and I thank the Presiding Officer 
and my colleague.

[[Page S7912]]

  Mr. COCHRAN. Mr. President, I ask unanimous consent that Senate 
Resolution 109, the Murkowski-Stevens resolution, be temporarily set 
aside and a vote occur on the adoption of the resolution at 4 o'clock 
p.m. today, to be immediately followed by the vote on the Cochran 
motion to table the Durbin amendment, No. 965. I finally ask consent 
that there be 2 minutes, equally divided, for debate prior to the 
second vote.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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