[Congressional Record Volume 143, Number 105 (Wednesday, July 23, 1997)]
[Senate]
[Pages S7965-S7966]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      SENATE RESOLUTIONS 109--CONDEMNING THE GOVERNMENT OF CANADA

  Mr. MURKOWSKI (for himself, Mr. Stevens, Mr. Gorton, and Mr. Helms) 
submitted the following resolution; which was considered and agreed to:

                              S. Res. 109

       Whereas, Canadian fishing vessels blockaded the M/V 
     MALASPINA, a U.S. passenger vessel operated by the Alaska 
     Marine Highway System, preventing that vessel from exercising 
     its right to innocent passage from 8:00 a.m. on Saturday, 
     July 19, 1997 until 9:00 p.m. Monday, July 21, 1997;
       Whereas, the Alaska Marine Highway System is part of the 
     United States National Highway System and blocking this 
     critical link between Alaska and the contiguous States is 
     similar in impact to a blockade of a major North American 
     highway or air-travel route;
       Whereas, the M/V MALASPINA was carrying over 300 
     passengers, mail sent through the U.S. Postal Service, 
     quantities of fresh perishable foodstuff bound for 
     communities without any other road connections to the 
     contiguous States, and the official traveling exhibit of the 
     Vietnam War Memorial;
       Whereas, international law, as reflected in Article 17 of 
     the United Nations Convention

[[Page S7966]]

     on the Law of the Sea, guarantees the right of innocent 
     passage through the territorial sea of Canada of the ships of 
     all States;
       Whereas, the Government of Canada failed to enforce an 
     injunction issued by a Canadian court requiring the M/V 
     MALASPINA to be allowed to continue its passage, and the M/V 
     MALASPINA departed only after the blockaders agreed to let it 
     depart;
       Whereas, during the past three years U.S. vessels have 
     periodically been harassed or treated in ways inconsistent 
     with international law by citizens of Canada and by the 
     Government of Canada in an inappropriate response to concerns 
     in Canada about the harvest of Pacific salmon in waters under 
     the sole jurisdiction of the United States;
       Whereas, Canada has failed to match the good faith efforts 
     of the United States in attempting to resolve differences 
     under the Pacific Salmon Treaty, in particular, by rejecting 
     continued attempts to reach agreement and withdrawing from 
     negotiations when an agreement seemed imminent just before 
     the Canadian national election of June, 1997;
       Whereas neither the Government of Canada nor its citizens 
     have been deterred from additional actions against vessels of 
     the United States by the diplomatic responses of the United 
     States to past incidents such as the imposition of an illegal 
     transit fee on American fishing vessels in June, 1994: Now, 
     therefore, be it Resolved by the Senate, that it is the sense 
     of the Senate that--
       (1) The failure of the Government of Canada to protect U.S. 
     citizens exercising their right of innocent passage through 
     the territorial sea of Canada from illegal actions and 
     harassment should be condemned;
       (2) The President of the United States should immediately 
     take steps to protect the interests of the United States and 
     should not tolerate threats to those interests from the 
     action or inaction of a foreign government or its citizens;
       (3) The President should provide assistance, including 
     financial assistance, to States and citizens of the United 
     States seeking damages in Canada that have resulted from 
     illegal or harassing actions by the Government of Canada or 
     its citizens; and
       (4) The President should use all necessary and appropriate 
     means to compel the Government of Canada to prevent any 
     further illegal or harassing actions against the United 
     States, its citizens or their interests, which may include--
       (A) using U.S. assets and personnel to protect U.S. 
     citizens exercising their right of innocent passage through 
     the territorial sea of Canada from illegal actions or 
     harassment until such time as the President determines that 
     the Government of Canada has adopted a long-term policy that 
     ensures such protection;
       (B) prohibiting the import of selected Canadian products 
     until such time as the President determines that Canada has 
     adopted a long-term policy that protects U.S. citizens 
     exercising their right of innocent passage through the 
     territorial sea of Canada from illegal actions or harassment;
       (C) directing that no Canadian vessel may anchor or 
     otherwise take shelter in U.S. waters off Alaska or other 
     States without formal clearance from U.S. Customs, except in 
     emergency situations;
       (D) directing that no fish or shellfish taken in sport 
     fisheries in the Province of British Columbia may enter the 
     United States; and
       (E) enforcing U.S. law with respect to all vessels in 
     waters of the Dixon Entrance claimed by the United States, 
     including the area in which jurisdiction is disputed.

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