Page:United States Statutes at Large Volume 109 Part 1.djvu/405

 PUBLIC LAW 104-43—NOV. 3, 1995 109 STAT. 389 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 any reinstatement of the transit license fee would be against Canada's long-term interests, and should immediately implement any actions which the President deems appropriate if Canada reinstates the fee; (12) the President should continue to convey to Canada in the strongest teiTns 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 in a manner inconsistent with international law; and (13) the United States should continue 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. 402. AMENDMENT TO THE FISHERMEN'S PROTECTIVE ACT OF 1967. (a) The Fishermen's Protective Act of 1967 (22 U.S.C. 1971 et seq.) is amended by adding at the end the following new section: "SEC. 11. (a) In any case on or after June 15, 1994, in which 22 USC 1980a. 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, subject to the availability of appropriated funds, 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 after the date of payment of the fee, or within 90 days after 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 balance

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