Legislature(1997 - 1998)

02/26/1997 01:05 PM House WTR

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
              HOUSE SPECIAL COMMITTEE ON WORLD TRADE                           
                    AND STATE/FEDERAL RELATIONS                                
                         February 26, 1997                                     
                             1:05 p.m.                                         
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Ramona Barnes, Chair                                           
 Representative Alan Austerman, Vice Chair                                     
 Representative John Cowdery                                                   
 Representative Pete Kott                                                      
 Representative Irene Nicholia                                                 
 Representative Gail Phillips                                                  
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 Representative Gene Kubina                                                    
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 * HOUSE JOINT RESOLUTION NO. 22                                               
 Relating to the maritime boundary between Alaska and the former               
 Union of Soviet Socialist Republics.                                          
                                                                               
      - MOVED HJR 22 OUT OF COMMITTEE                                          
                                                                               
 (* First public hearing)                                                      
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 BILL:  HJR 22                                                                 
 SHORT TITLE: ALASKA/RUSSIA MARITIME BOUNDARY                                  
 SPONSOR(S): REPRESENTATIVE(S) VEZEY, Ryan                                     
                                                                               
 JRN-DATE      JRN-PG             ACTION                                       
 02/14/97       357    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 02/14/97       358    (H)   WTR                                               
 02/26/97              (H)   WTR AT  1:00 PM CAPITOL 124                       
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 REPRESENTATIVE AL VEZEY                                                       
 Alaska State Legislature                                                      
 State Capitol, Room 13                                                        
 Juneau, Alaska 99801-1182                                                     
 Telephone:  (907) 465-3719                                                    
 POSITION STATEMENT:  Sponsor of HJR 22.                                       
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 97-3, SIDE A                                                             
 Number 0001                                                                   
                                                                               
 The House Special Committee on World Trade and State/Federal                  
 Relations was called to order by Chair Ramona Barnes at 1:05 p.m.             
 Members present at the call to order were Representatives Barnes,             
 Austerman, Cowdery and Kott.  Members absent were Representatives             
 Kubina, Nicholia and Phillips.                                                
                                                                               
 HJR 22 - ALASKA/RUSSIA MARITIME BOUNDARY                                      
                                                                               
 The first order of business to come before the House Special                  
 Committee on World Trade and State/Federal Relations was HJR 22,              
 Relating to the maritime boundary between Alaska and the former               
 Union of Soviet Socialist Republics.                                          
                                                                               
 CHAIR RAMONA BARNES called on Representative Al Vezey, sponsor of             
 HJR 22, to present the resolution.                                            
                                                                               
 Number 0090                                                                   
                                                                               
 REPRESENTATIVE AL VEZEY, sponsor, stated that the purpose of HJR 22           
 was to reconfirm Alaska's rights under U.S. constitutional law to             
 participate and to concur in any negotiations affecting its                   
 boundaries.  The principle was first established in 1835 as the               
 result of a dispute between Canada and the United States over the             
 boundaries of what is now the state of Maine.  It was a very                  
 complex international issue at the time.                                      
                                                                               
 REPRESENTATIVE VEZEY further explained that there had been other              
 boundary disputes.  He cited the Fort Leavenworth R.R. Co. v. Lowe            
 court case of 1885, in which the U.S. Supreme Court ruled that a              
 state had the right to participate in negotiations and that it had            
 the right to concur with treaties that affected its boundaries.  He           
 also cited the DeGeofroy v. Riggs court case.                                 
                                                                               
 REPRESENTATIVE VEZEY further stated there were two boundary issues            
 involved.  The first stemmed from the Treaty of 1867; the Russian             
 Government ceded all of its territories east of the line to the               
 United States.  The second stemmed from the territories that were             
 claimed on behalf of the U.S. and the state of Alaska by right of             
 discovery in the late nineteenth century, in particular, Wrangell             
 Island.                                                                       
                                                                               
 REPRESENTATIVE VEZEY further explained there was an Alaskan Native            
 woman who gave birth to a child on Wrangell Island in 1921; the               
 State Department granted the child U.S. citizenship.  This did not            
 sound dramatic or important until one realized that Alaskan Natives           
 were not granted U.S. citizenship until after World War II.  The              
 State Department, therefore, said that by virtue of the child being           
 born on U.S. territory, by a noncitizen, it was a U.S. citizen.               
                                                                               
 REPRESENTATIVE VEZEY further stated that the line agreed to in the            
 Treaty of 1867 was not a major disputed issue until 1974 when the             
 United States unilaterally adopted a 200-mile exclusive economic              
 zone.  The world followed suit and by 1976 a 200-mile exclusive               
 economic zone became the norm.  As a result, every island offshore            
 became one of strategic economic importance.  The boundary was                
 described as the mid-point between Copper Island to the east on the           
 Russian side and Attu Island to the west on the U.S. side.  The               
 territorial limits were not addressed, however, in 1867.  At                  
 present, every rock in the ocean between the points had a 200-mile            
 radius of seabed that went with it.  The discrepancies over where             
 the line was interpreted went all the way up to the Bering Strait.            
                                                                               
 REPRESENTATIVE VEZEY further explained the position that the                  
 Russians took was that the lines intended to be a rhumb line.  He             
 explained a rhumb line was a straight line projected onto a globe.            
 It was not the shortest distance between two points, and it could             
 shift depending on the angle and the projection of the map.  In the           
 case of the waters in the Bering Sea, there could be as much as a             
 50-mile east-to-west shift.  In total, the seabed in dispute added            
 up to 140,000 square miles, or the area the size of the state of              
 Texas.                                                                        
                                                                               
 REPRESENTATIVE VEZEY further stated that in 1992 the U.S. Senate              
 ratified a boundary treaty, over the protest of the state of                  
 Alaska, with the Union of Soviet Socialist Republics (USSR).  The             
 state of California also passed a resolution supporting the                   
 position of Alaska.  California, at the same time, was in dispute             
 with Mexico over their islands.  Subsequent to the ratification of            
 the treaty by the U.S. Senate, the USSR broke up and the successor            
 states assumed treaty responsibilities.  However, the successor               
 states never concurred or ratified the treaty because they did not            
 agree with the boundaries either.  As a result, there still was not           
 a boundary between Russia and the United States; there was a                  
 conference line only.  The donut hole, therefore, was defined by              
 the interpretation of the conference line and the mainland                    
 boundaries of the two nations.  In addition, Wrangell Island did              
 not show up on any map until 1995.  He explained Wrangell Island              
 was located on the same latitude as Barrow on the prime meridian.             
 Therefore, it was east of Attu Island, west of the Rat Islands, and           
 due north of the Aleutian Islands.                                            
                                                                               
 REPRESENTATIVE VEZEY concluded by stating that there was a                    
 tremendous amount of resources involved in the disputed area in               
 terms of fisheries and offshore mineral potential.  Alaska, at                
 least, had the right to participate in the negotiations of how the            
 resources should be utilized.  He believed it was a mistake to pass           
 up the opportunity to sit at a negotiation table.                             
                                                                               
 Number 0822                                                                   
                                                                               
 CHAIR BARNES stated for the record that Representative                        
 Irene Nicholia arrived shortly after convening the meeting.                   
                                                                               
 Number 0832                                                                   
                                                                               
 CHAIR BARNES further stated that the testimony of Representative              
 Vezey was fascinating.  The issue of Wrangell Island had been                 
 around the legislature for about 15 years, but no one had carried             
 the bill quite as eloquently as Representative Vezey.  "You have              
 indeed done your research, you are well-versed," she added.                   
                                                                               
 Number 0859                                                                   
                                                                               
 REPRESENTATIVE ALAN AUSTERMAN commented that he thought Wrangell              
 Island was north of the Diomede Islands, but he believed that                 
 Representative Vezey stated it was located at the end of the                  
 Aleutian Chain.                                                               
                                                                               
 Number 0885                                                                   
                                                                               
 REPRESENTATIVE VEZEY replied, "No sir."  Wrangell Island was                  
 located at 172 degrees north, 180 degrees east or west on the prime           
 meridian.  It was approximately the same latitude as Barrow.  In              
 terms of its east-west location, it was to the east of the most               
 western part of Alaska, and it was to the west of the majority of             
 Alaska.                                                                       
                                                                               
 Number 0924                                                                   
                                                                               
 REPRESENTATIVE AUSTERMAN asked Representative Vezey to show him               
 where Wrangell Island was approximately on a map.                             
                                                                               
 REPRESENTATIVE VEZEY pointed to an approximate location of Wrangell           
 Island on the map.                                                            
                                                                               
 REPRESENTATIVE AUSTERMAN commented that it was off the map.                   
                                                                               
 REPRESENTATIVE VEZEY replied the only map in the State Capitol that           
 showed Wrangell Island was the United States Geological Service               
 (USGS) map of Alaska published in 1995.                                       
                                                                               
 Number 0981                                                                   
                                                                               
 REPRESENTATIVE AUSTERMAN asked Representative Vezey whether the               
 other islands referenced in the resolution were in the same area of           
 Wrangell Island.                                                              
                                                                               
 Number 0989                                                                   
                                                                               
 REPRESENTATIVE VEZEY replied they were in the same general area.              
 They were to the east of Wrangell Island.  They were discovered by            
 voyagers looking for Wrangell Island who happened upon them first.            
                                                                               
 Number 1015                                                                   
                                                                               
 REPRESENTATIVE AUSTERMAN referred to page 1, lines 9-10 and the               
 language, "west end of the Aleutian Islands."  He asked                       
 Representative Vezey if any of these islands were on the Aleutian             
 Chain.                                                                        
                                                                               
 Number 1033                                                                   
                                                                               
 REPRESENTATIVE VEZEY replied the southern boundary of the                     
 conference line was at a point between Attu Island and Copper                 
 Island.  He reiterated that at the time of the conference line,               
 nobody was concerned about every little rock in between, until the            
 200-mile exclusive economic zone.                                             
                                                                               
 Number 1074                                                                   
                                                                               
 REPRESENTATIVE AUSTERMAN wondered if some of these islands were               
 included between the area of Attu Island and Copper Island.                   
                                                                               
 REPRESENTATIVE VEZEY replied there was a geographical feature                 
 referred to as the "rock" that fell between the two islands.  It              
 was analogous to the Dinkum Sands barrier island, except that it              
 was above mean high tide at all normal observations times.  There             
 were cases in the Aleutian Islands where rocks were sometimes above           
 mean high tide and sometimes not above mean high tide.                        
                                                                               
 Number 1130                                                                   
                                                                               
 CHAIR BARNES called for a motion to move the bill out of the                  
 committee.                                                                    
                                                                               
 Number 1135                                                                   
                                                                               
 REPRESENTATIVE PETE KOTT stated that he had been thoroughly                   
 enlightened and refreshed for the geography lesson.  He also                  
 thought that his intern sitting in the audience had been refreshed            
 for the history lesson.  He hoped there would be further                      
 opportunity to hear more on the Floor of the House of                         
 Representatives.                                                              
                                                                               
 Number 1159                                                                   
                                                                               
 REPRESENTATIVE KOTT made a motion that HJR 22 move from the                   
 committee with the attached fiscal note(s) and individual                     
 recommendations.  There was no objection; HJR 22 moved from the               
 House Special Committee on World Trade and State/Federal Relations.           
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 Number 1206                                                                   
                                                                               
 CHAIR BARNES adjourned the House Special Committee on World Trade             
 and State/Federal Relations meeting at 1:19 p.m.                              
                                                                               

Document Name Date/Time Subjects