III

103D CONGRESS

2D SESSION S. RES. 226

Expressing the sense of the Senate relating to negotiations under the Pacific

Salmon Treaty.

IN THE SENATE OF THE UNITED STATES

JUNE 15 (legislative day, JUNE 7), 1994

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

RESOLUTION

Expressing the sense of the Senate relating to negotiations

under the Pacific Salmon Treaty.

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’’ of

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;
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SRES 226 IS

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; and

Whereas there is precedent in United States law for reimbursing American vessels forced to pay such fees when

the United States determines that the fees are illegal:

Now, therefore, be it

1 Resolved, That—

2 (1) the United States should reimburse the

3 owner of any United States fishing vessel forced to

4 pay such transit license fee in accordance with sec5 tion 3 of the Fishermen’s Protective Act (22 U.S.C.

6 1973), and should seek reimbursement for any such
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SRES 226 IS

1 payments from Canada under section 5 of that Act

2 (22 U.S.C. 1975);

3 (2) to the extent section 3 of the Fishermen’s

4 Protective Act does not allow reimbursement for ves5 sels which have not been ‘‘seized,’’ Congress should

6 amend the Act to authorize such reimbursement for

7 all vessel owners who pay the transit license fee;

8 (3) the United States should prohibit the use of

9 United States waters off Alaska, including waters in

10 and near the Dixon entrance, for purposes of an11 chorage without proper customs clearance by com12 mercial fishing vessels of Canada;

13 (4) the President should direct the Coast Guard

14 to take all steps necessary in accordance with the

15 recognized principles of international law to provide

16 for the safety of United States citizens exercising

17 their right of passage in Canadian waters;

18 (5) the President should review all agreements

19 between the United States and Canada to identify

20 other actions that may be taken to convince Canada

21 that continuation of the transit license policy would

22 be against Canada’s long term interests, and should

23 immediately implement any such actions which the

24 President deems appropriate until Canada rescinds

25 the policy;
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1 (6) the President should immediately convey to

2 Canada in the strongest terms that the United

3 States will not now, nor at any time in the future,

4 tolerate any action by Canada which would impede

5 or otherwise restrict the right of passage of United

6 States vessels in violation of customary international

7 law; and

8 (7) the United States should redouble its efforts

9 to seek expeditious agreement with Canada on ap10 propriate fishery conservation and management

11 measures that can be implemented through the Pa12 cific Salmon Treaty to address issues of mutual con13 cern.

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