00                     SENATE JOINT RESOLUTION NO. 11 am                                                                  
01 Recognizing the Don Young Coast Guard Authorization Act of 2022 and the importance                                      
02 of certain provisions intended to enhance oil spill response capabilities in Western                                    
03 Alaska and the United States Arctic to promote improved safety in shipping commerce,                                    
04 protection of communities in the state, and the health of critical marine resources;                                    
05 urging the United States Coast Guard to consider the unique challenges of the state                                     
06 when developing oil spill response requirements for Western Alaska and the United                                       
07 States Arctic; and urging the deployment of individualized oil spill response resources                                 
08 for the state that use modern technologies to track the operation of large vessels in the                               
09 region and local service providers with knowledge of the region and local wildlife.                                     
10 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
11       WHEREAS Western Alaska and the United States Arctic are home to a wide variety                                  
12 of marine resources, including marine mammals and pelagic and anadromous fish species,                                  
13 that are of critical importance to the region, state, and nation; and                                                   

01       WHEREAS the Aleutian Island archipelago is part of the Great Circle Route, where                                
02 several thousand ocean-going vessels transit each year; and                                                             
03       WHEREAS remote communities in the state rely on the delivery of bulk fuel from                                
04 barges and tank vessels to generate energy for industries, operate fishing vessels, and power                           
05 communities; and                                                                                                        
06 WHEREAS oil spills in Western Alaska and the United States Arctic pose a risk to                                      
07 the health and safety of communities because the effects of oil spills in those regions often                           
08 harm local residents' opportunities to harvest important subsistence and cultural resources in                          
09 their communities; and                                                                                                  
10 WHEREAS the challenges to vessels operating in Western Alaska and the United                                          
11 States Arctic include harsh environmental conditions, extreme distances, and lack of                                    
12 infrastructure; and                                                                                                     
13 WHEREAS these challenges require specialized and unique planning and response                                         
14 resources that are tailored to respond to oil spills from vessels and that are not subject to being                     
15 diverted for other regulatory purposes; and                                                                             
16 WHEREAS the Oil Pollution Act of 1990 was adopted by the United States Congress                                       
17 after the 1989 Exxon Valdez oil spill in Prince William Sound to enhance oil spill response                             
18 capabilities by requiring certain vessel operators to have oil spill response resources; and                            
19 WHEREAS the requirements of the Oil Pollution Act of 1990 were later expanded to                                      
20 apply to more vessels, resulting in the provision of oil spill response resources to areas of the                       
21 continental United States where large ports and infrastructure were already in place to provide                         
22 personnel, equipment, and logistical support; and                                                                       
23 WHEREAS the Western Alaska and United States Arctic region is expansive, with                                         
24 limited infrastructure and frequently extreme operating conditions that present unique                                  
25 challenges to the provision of oil spill response resources, which is not an issue in the large                         
26 port areas in the continental United States; and                                                                        
27 WHEREAS the United States Coast Guard has previously attempted to adapt the oil                                       
28 spill response requirements of the Oil Pollution Act of 1990 to meet the unique needs of                                
29 Western Alaska and the United States Arctic, resulting in inconsistent policies and                                     
30 enforcement because the oil spill regulations of the Oil Pollution Act of 1990, referred to as                          
31 national planning criteria, are inappropriate for application in Western Alaska and the United                          

01 States Arctic; and                                                                                                    
02 WHEREAS the United States Congress has recognized that the important regional                                         
03 and national resources in Western Alaska and the United States Arctic require oil spill                                 
04 response requirements tailored to address the unique attributes and economic challenges in                              
05 Western Alaska and the United States Arctic that are different than, but at least as effective as,                      
06 national planning criteria used for the continental United States; and                                                  
07 WHEREAS the Don Young Coast Guard Authorization Act of 2022 requires the                                              
08 United States Coast Guard to work with industry leaders, regional stakeholders, tribes, and the                         
09 state to adopt regulations to address the unique oil spill response challenges of Western                               
10 Alaska and the United States Arctic more effectively and efficiently; and                                               
11 WHEREAS potential oil spills in Western Alaska and the United States Arctic                                           
12 threaten marine and coastal resources of vital importance to Alaskans in the region, maritime                           
13 industries in the area, and the economy of the state; and                                                               
14 WHEREAS Alaskans have pioneered prevention methodologies and new                                                      
15 technologies that incorporate local communities to address the unique challenges of oil spill                           
16 response in Western Alaska and the United States Arctic by implementing new approaches to                               
17 oil spill response in the region; and                                                                                   
18 WHEREAS an oil spill prevented is an oil spill that does not need to be cleaned up;                                   
19 and                                                                                                                   
20 WHEREAS having equipment and resources located within Western Alaska and the                                          
21 United States Arctic region will avoid logistical delays and ensure timely responses whenever                           
22 necessary; and                                                                                                          
23 WHEREAS, because oil spills from both small and large vessels often require the use                                   
24 of oil spill response resources and specialized marine salvage resources concurrently, it is                            
25 important that oil spill response planning ensures each distinct specialty is properly prepared                         
26 to respond promptly to an oil spill; and                                                                                
27 WHEREAS the use of new technologies to continuously monitor vessels in Western                                        
28 Alaska and the United States Arctic has allowed some state-based companies to alert                                     
29 responders early of a potential marine casualty, so that local vessel operators who know the                            
30 region can respond promptly with appropriate equipment and outreach to community                                        
31 residents to participate in prevention and initial response operations; and                                             

01 WHEREAS the state, the maritime industry, oil spill removal organizations, and local                                  
02 communities should be actively involved in the adoption and implementation of new oil spill                             
03 response requirements in the Don Young Coast Guard Authorization Act of 2022 across                                     
04 Western Alaska and the United States Arctic to ensure fair, equal, and consistent application                           
05 of standards; and                                                                                                       
06 WHEREAS the intent of the United States Congress, through the Don Young Coast                                         
07 Guard Authorization Act of 2022 and the Western Alaska oil spill planning criteria, is to                               
08 adopt and implement oil spill response requirements that meet the unique needs of the state's                           
09 interests in Western Alaska and the United States Arctic; and                                                           
10 WHEREAS, by actively participating in the development and implementation of oil                                       
11 spill response requirements, the state can protect the interests of the residents and maritime                          
12 industries of Western Alaska and the United States Arctic and advance environmental                                     
13 protection for the benefit of the residents of the state; and                                                           
14 WHEREAS the Don Young Coast Guard Authorization Act of 2022 excludes vessels                                          
15 operating in Cook Inlet and tank vessels operating in Prince William Sound from the new oil                             
16 spill response requirements because Cook Inlet and Prince William Sound already meet                                    
17 national planning criteria;                                                                                             
18 BE IT RESOLVED that the Alaska State Legislature requests that the oil spill                                          
19 response regulations for Western Alaska and the United States Arctic under the Don Young                                
20 Coast Guard Authorization Act of 2022 include the use of modern technologies to                                         
21 continuously monitor and track the operation of large vessels, 24 hours a day and seven days a                          
22 week, and the use of regional response equipment hubs located throughout the state that                                 
23 leverage the resources of local communities and vessel operators to support rapid response to                           
24 marine casualties throughout the region in the shortest time possible; and be it                                        
25 FURTHER RESOLVED that the Alaska State Legislature urges the United States                                            
26 Coast Guard to adhere to the underlying purpose of the Oil Pollution Act of 1990 by avoiding                            
27 the comingling of oil spill response compliance requirements with other compliance                                      
28 requirements, maintaining uniform standards across the entire Western Alaska and the Prince                             
29 William Sound Captain of the Port Zones and not creating new subzones within those areas,                               
30 and minimizing the use of cascading equipment from outside the state; and be it                                         
31 FURTHER RESOLVED that the Alaska State Legislature requests that the oil spill                                        

01 response regulations for Western Alaska and the United States Arctic under the Don Young                                
02 Coast Guard Authorization Act of 2022 include use of local service providers with expertise                             
03 in the capture, care, and rehabilitation of wildlife that is of critical importance to the                              
04 communities of the region; and be it                                                                                  
05 FURTHER RESOLVED that the Alaska State Legislature supports the efforts of                                            
06 tribes, municipalities, and organizations in the state, along with the executive branch, to                             
07 participate actively with and contribute important local knowledge and expertise to the United                          
08 States Coast Guard in its efforts to adopt and implement oil spill response requirements that                           
09 address and meet the unique needs of the state's interests in Western Alaska and the United                             
10 States Arctic as set out herein.                                                                                        
11 COPIES of this resolution shall be sent to Admiral Linda L. Fagan, Commandant,                                        
12 U.S. Coast Guard; Vice Admiral Andrew J. Tiongson, Commander, U.S. Coast Guard Pacific                                  
13 Area; Rear Admiral Nathan A. Moore, Commander, U.S. Seventeenth Coast Guard District;                                   
14 the Honorable Mike Dunleavy, Governor of Alaska; the Honorable Nancy Dahlstrom,                                         
15 Lieutenant Governor of Alaska; the Honorable Jason Brune, Commissioner, Department of                                   
16 Environmental Conservation; and the Honorable Lisa Murkowski and the Honorable Dan                                      
17 Sullivan, U.S. Senators, and the Honorable Mary Peltola, U.S. Representative, members of                                
18 the Alaska delegation in Congress.