III

105TH CONGRESS

1ST SESSION S. RES. 109

Condemning the Government of Canada for its failure to accept responsibility

for the illegal blockade of a United States vessel in Canada, and calling

on the President to take appropriate action.

IN THE SENATE OF THE UNITED STATES

JULY 23, 1997

Mr. MURKOWSKI (for himself, Mr. STEVENS, Mr. GORTON, and Mr. HELMS)

submitted the following resolution; which was considered and agreed to

RESOLUTION

Condemning the Government of Canada for its failure to

accept responsibility for the illegal blockade of a United

States vessel in Canada, and calling on the President

to take appropriate action.

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
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SRES 109 ATS

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 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 in 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;
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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

1 Resolved by the Senate, That it is the sense of the

2 Senate that—

3 (1) The failure of the Government of Canada to

4 protect U.S. citizens exercising their right of inno5 cent passage through the territorial sea of Canada

6 from illegal actions and harassment should be con7 demned;

8 (2) The President of the United States should

9 immediately take steps to protect the interests of the

10 United States and should not tolerate threats to

11 those interests from the action or inaction of a for12 eign government or its citizens;

13 (3) The President should provide assistance, in14 cluding financial assistance, to States and citizens of

15 the United States seeking damages in Canada that

16 have resulted from illegal or harassing actions by the

17 Government of Canada or its citizens; and

18 (4) The President should use all necessary and

19 appropriate means to compel the Government of

20 Canada to prevent any further illegal or harassing
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1 actions against the United States, its citizens or

2 their interests, which may include—

3 (A) using U.S. assets and personnel to

4 protect U.S. citizens exercising their right of in5 nocent passage through the territorial sea of

6 Canada from illegal actions or harassment until

7 such time as the President determines that the

8 Government of Canada has adopted a long-term

9 policy that ensures such protection;

10 (B) prohibiting the import of selected Ca11 nadian products until such time as the Presi12 dent determines that Canada has adopted a

13 long-term policy that protects U.S. citizens ex14 ercising their right of innocent passage through

15 the territorial sea of Canada from illegal actions

16 or harassment;

17 (C) directing that no Canadian vessel may

18 anchor or otherwise take shelter in U.S. waters

19 off Alaska or other States without formal clear20 ance from U.S. Customs, except in emergency

21 situations;

22 (D) directing that no fish or shellfish

23 taken in sport fisheries in the Province of Brit24 ish Columbia may enter the United States; and
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1 (E) enforcing U.S. law with respect to all

2 vessels in waters of the Dixon Entrance claimed

3 by the United States, including the area in

4 which jurisdiction is disputed.

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