American fishermen to be reimbursed for Canadian 'transit fee.' - fee of $1,500 was exacted for passage between Vancouver Island and the Canadian Mainland on trips from Washington State to Alaska June-July 1994: includes affidavit sample - Office of the Spokesman - Brief Article

US Department of State Dispatch, Nov 13, 1995

Congress has authorized reimbursement payments to U.S. fishermen who in June and July of 1994 were forced by Canada to pay a "transit fee" to traverse the "Inside Passage" between Vancouver Island and the British Columbia mainland, while traveling between Washington State and Alaska. Under the Fisheries Act of 1995, these fishermen have until February 1, 1996, to file a claim for the reimbursement. Claims for reimbursement for any transit fees paid to the Government of Canada to permit transit of the vessel and crew through the Inside Passage in June and July 1994 should be submitted to:

Program Administrator, Fishermen's Protective Act U.S. Department of State OES/OMC, Room 7820 Washington, DC 20520-7818

A typical claim should consist of the following documents:

* An affidavit from the claimant stating the facts which led to the fee payment and indicating that it was paid under protest.

* Documents (ex.: photocopy of the photograph page from a valid U.S. passport) establishing that the master of the vessel at the time of the seizure was a U.S. citizen.

* Photocopies of U.S. Coast Guard vessel documentation establishing that the vessel was of U.S. registry at the time of the seizure.

* Documentation of the ownership of the vessel (ex.: certificate of incorporation).

* Receipts and copies of other relevant legal documents related to the payment of the transit fee "under protest" to the Government of Canada.

* Full name and address where reimbursement should be sent. The Department of State will review each claim to ensure that the circumstances under which the vessel paid the fee meet the criteria set forth in the Act, and to ensure that only appropriate costs are reimbursed. Accepted claims will be reimbursed via U.S. Department of the Treasury check. Claimants have 90 days from November 3, 1995, in which to submit their claims. Therefore, all claims must be postmarked by 12:00 p.m. midnight PMT, February 1, 1996. More information and a sample affidavit letter are available from the Department of State's Home Page on the World Wide Web beginning November 22 at:

http://dosfan.lib.uic.edu/dosfan.html

For further questions, please call (202) 647-3941.

Fishermen may wish to use the following sample affidavit, with other supporting documentation, as a guide when making claim for a reimbursement of the "transit fee."

Sample Affidavit

Date: / / (mo/day/yr)

To: Program Administrator,

Fishermen's Protective Act U.S. Department of State OES/OMC Room 7820 Washington, DC 20520-7818

I, (your name) of (your residence) certify that I paid a fee of $1,500 Canadian dollars to Canadian Government authorities for a license to transit selected Canadian Pacific Coast waterways. I further certify that I paid this fee under protest.

The fee was paid at o'clock am\pm on the day of , 1994 at (town/location) , British Columbia, Canada. The fee was paid while I was transiting from (home port) in the state of to (destination) in the state of , both of which are territories of the United States of America. I am the owner and/or master of the vessel which is registered with the U.S. Coast Guard under U.S. Documentation Number . I am engaged in the (type of fishery) fishery with this vessel.

I request that my reimbursement check be sent to me at the following address:

full name: street address/p.o. box: city: state: ZIP Code:

Signed: (print name) (signature and date)