Legislature(1997 - 1998)

03/18/1998 05:17 PM House WTR

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
THE HOUSE SPECIAL COMMITTEE ON WORLD TRADE                                     
AND STATE/FEDERAL RELATIONS                                                    
March, 18, 1998                                                                
5:17 p.m.                                                                      
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Representative Ramona Barnes, Chair                                            
Representative John Cowdery                                                    
Representative Pete Kott                                                       
Representative Gene Kubina                                                     
Representative Gail Phillips                                                   
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
Representative Alan Austerman, Vice Chair                                      
Representative Irene Nicholia                                                  
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
SENATE JOINT RESOLUTION NO. 38                                                 
Relating to the bombardment of the village of Angoon.                          
                                                                               
     - MOVED HCS SJR 38(WTR) OUT OF COMMITTEE                                  
                                                                               
HOUSE JOINT RESOLUTION NO. 54                                                  
Relating to establishing maritime boundaries with Canada.                      
                                                                               
     - MOVED CSHJR 54(WTR) OUT OF COMMITTEE                                    
                                                                               
(* First public hearing)                                                       
                                                                               
PREVIOUS ACTION                                                                
                                                                               
BILL: SJR 38                                                                   
SHORT TITLE: APOLOGY TO VILLAGE OF ANGOON                                      
SPONSOR(S): SENATOR(S) MACKIE, Taylor, Duncan, Leman                           
                                                                               
Jrn-Date    Jrn-Page           Action                                          
 2/16/98      2522     (S)  READ THE FIRST TIME - REFERRAL(S)                  
 2/16/98      2522     (S)  STATE AFFAIRS                                      
 2/17/98      2550     (S)  COSPONSOR(S): TAYLOR, DUNCAN                       
 3/03/98               (S)  STA AT  3:30 PM BELTZ ROOM 211                     
 3/03/98               (S)  MINUTE(STA)                                        
 3/04/98      2732     (S)  STA RPT      4DP                                   
 3/03/98      2732     (S)  DP: GREEN, DUNCAN, MACKIE, WARD                    
 3/03/98      2732     (S)  ZERO FISCAL NOTE (S.STA)                           
 3/05/98               (S)  RLS AT 12:25 PM FAHRENKAMP RM 203                  
 3/05/98               (S)  MINUTE(RLS)                                        
 3/06/98      2769     (S)  RULES TO CALENDAR  3/6/98                          
 3/06/98      2771     (S)  READ THE SECOND TIME                               
 3/06/98      2771     (S)  ADVANCED TO THIRD READING UNAN                     
                            CONSENT                                            
 3/06/98      2771     (S)  READ THE THIRD TIME  SJR 38                        
 3/06/98      2771     (S)  COSPONSOR: LEMAN                                   
 3/06/98      2772     (S)  PASSED Y15 N- E4 A1                                
 3/06/98      2776     (S)  TRANSMITTED TO (H)                                 
 3/09/98      2561     (H)  READ THE FIRST TIME - REFERRAL(S)                  
 3/09/98      2561     (H)  WTR                                                
 3/18/98               (H)  WTR AT  5:00 PM CAPITOL 120                        
                                                                               
BILL: HJR 54                                                                   
SHORT TITLE: ALASKA MARITIME BOUNDARY WITH CANADA                              
SPONSOR(S): REPRESENTATIVES(S) VEZEY, Ryan                                     
                                                                               
Jrn-Date    Jrn-Page           Action                                          
 1/30/98      2180     (H)  READ THE FIRST TIME - REFERRAL(S)                  
 1/30/98      2180     (H)  FISHERIES, WTR                                     
 2/25/98               (H)  FSH AT  5:00 PM CAPITOL 124                        
 2/25/98               (H)  MINUTE(FSH)                                        
 2/27/98      2455     (H)  FSH RPT  3DP                                       
 2/27/98      2455     (H)  DP: HODGINS, KUBINA, IVAN                          
 2/27/98      2455     (H)  ZERO FISCAL NOTE (H.FSH)                           
 3/18/98               (H)  WTR AT  5:00 PM CAPITOL 120                        
                                                                               
WITNESS REGISTER                                                               
                                                                               
SENATOR JERRY MACKIE                                                           
Alaska State Legislature                                                       
Capitol Building, Room 427                                                     
Juneau, Alaska  99801                                                          
Telephone:  (907) 465-4925                                                     
POSITION STATEMENT:  Sponsor of SJR 38.                                        
                                                                               
LEONARD JOHN, Associate Director                                               
Kootznoowoo Cultural and Educational Foundation                                
P.O. Box 21683                                                                 
Juneau, Alaska 99802                                                           
Telephone:  (907) 790-2992                                                     
POSITION STATEMENT:  Testified in favor of SJR 38.                             
                                                                               
MAXINE THOMPSON, Mayor                                                         
city of Angoon                                                                 
P.O. Box 189                                                                   
Angoon, Alaska 99820                                                           
Telephone:  (907) 788-3653                                                     
POSITION STATEMENT:  Testified in favor of SJR 38.                             
                                                                               
REPRESENTATIVE AL VEZEY                                                        
Alaska State Legislature                                                       
Capitol Building, Room 13                                                      
Juneau, Alaska  99801                                                          
Telephone:  (907) 465-3719                                                     
POSITION STATEMENT:  Sponsor of HJR 54.                                        
                                                                               
VINCE O'SHEA, Captain                                                          
Operations Plans and Policy Branch                                             
Maritime Plans and Policy Division                                             
Seventeenth Coast Guard District                                               
United States Coast Guard                                                      
709 West 9th Street                                                            
Juneau, Alaska 99802                                                           
Telephone:  (907) 463-2226                                                     
POSITION STATEMENT:  Testified on HJR 54.                                      
                                                                               
TAPE 98-1, SIDE A                                                              
Number 0000                                                                    
                                                                               
REPRESENTATIVE RAMONA BARNES called the House Special Committee on             
World Trade and State/Federal Relations to order at 5:17 p.m.                  
Members present at the call to order were Representatives Barnes,              
Kott, Phillips and Cowdery.  Representative Kubina arrived at 5:29             
p.m.                                                                           
SJR 38 - APOLOGY TO VILLAGE OF ANGOON                                          
                                                                               
REPRESENTATIVE BARNES announced the first order of business was SJR
38, Relating to the bombardment of the village of Angoon.                      
                                                                               
REPRESENTATIVE BARNES called on Senator Jerry Mackie, sponsor of               
the resolution.                                                                
                                                                               
Number 0076                                                                    
                                                                               
SENATOR JERRY MACKIE, Alaska State Legislature, read the following             
sponsor statement:                                                             
                                                                               
     "I introduced SJR 38 to bring closure and finality to an                  
     incident that occurred in the early years of Alaska's                     
     territorial history that continues to be a painful memory                 
     to the people of Angoon.  The incident was the naval                      
     attack that destroyed the village in the early winter of                  
     1882.  The action was caused by a dispute between the                     
     village and a whaling company over the accidental death                   
     of a tribal member in the company's employment.  The U.S.                 
     Navy interceded by shelling and burning the village and                   
     its food stores.  In addition to suffering injuries and                   
     loss of life, the residents of Angoon struggled to                        
     survive the difficult winter without adequate shelter or                  
     food supplies.                                                            
                                                                               
     "Memories and recollections of the injustice are still                    
     very much alive among residents of Angoon.  Almost every                  
     family was deeply affected in some way from the death and                 
     destruction.  It is the opinion of elders in the                          
     community that a simple apology by the U.S. government                    
     would bring closure and finality to the incident.  It                     
     would redress long-standing feelings of disrespect and                    
     victimization by the federal government and its lack of                   
     acknowledging the unfortunate event.  The resolution                      
     requests that President Clinton issue an apology to the                   
     people of Angoon."                                                        
                                                                               
SENATOR MACKIE stated, having represented Angoon for the last eight            
years, it is a community that doesn't ask for anything.  It is one             
of the most traditional communities in the state in regards to its             
appreciation of its culture, way of life, and families.  It struck             
him when reading the many different accounts of what took place                
that there has never been an apology.  The resolution does not talk            
about restitution which may bring varying degrees of opinions.                 
                                                                               
SENATOR MACKIE further stated, after discussing the issue with the             
elders, an apology is a legitimate thing for the state to ask from             
the U.S. government.  The passage of the resolution in the Senate              
with a unanimous vote, and the early hearing of the resolution in              
the House Special Committee on World Trade and State/Federal                   
Relations has made the elders feel good.  It still has a profound              
effect on them, even though it was a long time ago.                            
                                                                               
Number 0350                                                                    
                                                                               
REPRESENTATIVE PETE KOTT asked Senator Mackie whether there was any            
reason to exclude the Secretary of State, Madeleine Albright, from             
receiving a copy of the resolution.                                            
                                                                               
Number 0367                                                                    
                                                                               
SENATOR MACKIE replied, "No."  He would be happy to include any                
individuals to whom the committee members would like to have a copy            
sent.                                                                          
                                                                               
Number 0435                                                                    
                                                                               
LEONARD JOHN, Associate Director, Kootznoowoo Cultural and                     
Educational Foundation, testified in Juneau.  The foundation is                
really glad that the committee is hearing the resolution today.  He            
recently reflected on the 100-year commemoration of the incident               
that recognized the six lives lost.  There is no way to put a                  
dollar value on the loss.  One of his grandfathers, Charlie John               
Senior, chose not to wear his regalia at the commemoration to                  
signify that the hurt was still there.  It was his grandfather's               
passion and desire to see the incident be brought to closure with              
the U.S. government in order to start healing.  There have been a              
lot of lives impacted by the incident.                                         
                                                                               
Number 0560                                                                    
                                                                               
REPRESENTATIVE GAIL PHILLIPS asked Mr. John whether his grandfather            
is still alive.                                                                
                                                                               
MR. JOHN replied, "I wish he were."                                            
                                                                               
Number 0599                                                                    
                                                                               
MAXINE THOMPSON, Mayor, city of Angoon, testified in Juneau.                   
According to her understanding of what happened, it was a cultural             
misunderstanding.  At the time of a wrong doing, the life of a                 
high-ranking Tlingit is worth 200 blankets.  Tlingits are known to             
have a value of property and significance of the position of a                 
person.  The incident was tied into the position of the person who             
died.  The person was high-ranking with a value of 200 blankets put            
on his life, along with a two-day observation.  Instead, the U.S.              
Navy was informed in Sitka that the Indians were operating and                 
threatening to retaliate.  The U.S. Navy boats did not immediately             
start shelling the community.  They came to Angoon and waited                  
offshore for two days talking to different individuals without an              
interpreter.  The person in charge of the U.S. Navy at the time was            
not new to the area.  The two other officers ahead of him had                  
recognized the cultural ways of the people and honored them.  This             
commander chose not to and demanded 400 blankets instead of the                
traditional 200.  The community members could only come up with 81             
blankets.  The Navy tied the canoes up, chopped them then proceeded            
to shell the community houses that stored the winter food supply.              
The Navy also destroyed the totem poles and took some artifacts.               
If this is not put to rest, the story will continue to be passed               
down.  Tlingits are well known for their protocol as part of their             
culture.  The incident that remains unresolved dictates an apology,            
and it needs to come from the U.S. government.  It does not reflect            
good on the U.S. government by leaving this unresolved for so long.            
She has a hard time as an American knowing that the Japanese sent              
to prison camps during the war have been acknowledged and granted              
payment for their suffering, while other U.S. citizens have yet to             
get an apology.  The only thing that the people from Angoon                    
received when they went to Washington D.C. was a sailor hat.  She              
called it an insult.                                                           
                                                                               
Number 0949                                                                    
                                                                               
REPRESENTATIVE KOTT asked Senator Mackie whether he considered                 
including language in the resolution to urge the U.S. government to            
erect a memorial for the lost lives.                                           
                                                                               
Number 0989                                                                    
                                                                               
SENATOR MACKIE replied the people who went to Washington D.C. in               
1982 to try to receive compensation to replace some of the clan                
houses received a token gesture.  The Navy said it would consider              
naming one of its ships after the village in their memory.  It                 
never happened, however, and they returned with a Navy hat.  The               
Kootznoowoo Corporation continues to work on the issue.  He felt               
that a resolution asking for a simple apology would go a long way              
to help the people.  The citizens of Angoon will probably continue             
to talk with Senator Stevens and the Navy for those types of                   
options.  He didn't want to identify any one particular option in              
the resolution.  The citizens recognize that once the federal                  
government acknowledges the incident their chances for something               
like that are better.                                                          
                                                                               
SENATOR MACKIE further stated in no way shape or form is the                   
resolution intended to be disrespectful to the U.S. armed forces.              
The incident took place a long time ago and things are done                    
differently now.                                                               
                                                                               
Number 1109                                                                    
                                                                               
REPRESENTATIVE KOTT made a motion to insert the language "the                  
Honorable Madeleine K. Albright, U.S. Secretary of State" after the            
word "States" on page 1, line 17.  There being no objection, it was            
so moved.                                                                      
                                                                               
Number 1172                                                                    
                                                                               
REPRESENTATIVE PHILLIPS made a motion and asked unanimous consent              
to move SJR 38, as amended, out of the committee with individual               
recommendations.  There being no objection, HCS SJR 38(WTR) was so             
moved from the House Special Committee on World Trade and                      
State/Federal Relations.                                                       
HJR 54 - ALASKA MARITIME BOUNDARY WITH CANADA                                  
                                                                               
REPRESENTATIVE BARNES announced the next order of business was HJR
54, Relating to establishing maritime boundaries with Canada.                  
                                                                               
REPRESENTATIVE BARNES called on Representative Al Vezey, sponsor of            
the resolution.                                                                
                                                                               
Number 1227                                                                    
                                                                               
REPRESENTATIVE AL VEZEY, Alaska State Legislature, asked Captain               
Vince O'Shea to join him from the United States Coast Guard.                   
                                                                               
REPRESENTATIVE VEZEY stated Alaska is the only state in the union              
that has two maritime boundaries - one with Canada and Russia - yet            
there is no boundary treaty with either.  The boundary between                 
Alaska and Canada stems back to the Anglo-Russo Treaty of 1825.  It            
was a period in history where the Russians and the British just                
defeated Napoleon in 1814 and Europe was in a period of peace.  The            
treaty was one of the first international disputes settled                     
peacefully.  The treaty stemmed from a problem in 1821 when the                
Russian-American Company started to put restrictions on foreign                
vessels fishing and trapping in Alaskan waters.  Alaska was a                  
territory of Russia at the time.  The territorial description of               
the line of demarcation has not substantially changed since 1825.              
There were some minor changes in 1903, but there is no maritime                
boundary.  Dixon Entrance is the area with the most disputes.                  
SJR 38 - APOLOGY TO VILLAGE OF ANGOON                                          
                                                                               
REPRESENTATIVE BARNES announced the committee will take up SJR 38              
again to adopt the fiscal note.                                                
                                                                               
Number 1377                                                                    
                                                                               
REPRESENTATIVE PHILLIPS made a motion to adopt the zero fiscal note            
for SJR 38(WTR).  There being no objection, it was so adopted.                 
HJR 54 - ALASKA MARITIME BOUNDARY WITH CANADA                                  
                                                                               
REPRESENTATIVE BARNES indicated the committee will resume                      
discussing HJR 54.                                                             
                                                                               
Number 1385                                                                    
                                                                               
REPRESENTATIVE KOTT made a motion to adopt the proposed committee              
substitute for HJR 54, version 0-LS1435\B, Bannister, 2/27/98, for             
consideration.  There being no objection, it was so adopted.                   
                                                                               
Number 1401                                                                    
                                                                               
VINCE O'SHEA, Captain, Operations Plans and Policy Branch, Maritime            
Plans and Policy Division, Seventeenth Coast Guard District, United            
States Coast Guard, stated the U.S. and Canada do not have an                  
agreed upon maritime boundary.  He referred to a chart that                    
illustrated the boundary lines claimed by the U.S. and Canada.  The            
area in between the two lines is called the disputed area.  Both               
countries have agreed to allow their fishing vessels in that area.             
The Coast Guard has been patrolling in the Dixon Entrance area for             
many years during the salmon season - June through September.  The             
purpose is to be available for search and rescue, and to ensure                
that the U.S. vessels are not harassed by Canadian vessels in the              
disputed area.  In general, there are about one or two minor                   
violation cases.  The Coast Guard doesn't have a position on the               
resolution, but notes that it is consistent with the idea of                   
resolving a maritime boundary, a position that the State Department            
has taken over the years.                                                      
                                                                               
Number 1518                                                                    
                                                                               
REPRESENTATIVE PHILLIPS asked Captain O'Shea why this boundary                 
wasn't brought up in 1984 when the International Court of Justice              
set the other questionable boundaries.                                         
                                                                               
CAPTAIN O'SHEA replied the Canadians didn't want to bring the issue            
up because they would not have prevailed.                                      
                                                                               
Number 1537                                                                    
                                                                               
REPRESENTATIVE PHILLIPS asked Captain O'Shea where the boundary is             
in the Beaufort Sea.                                                           
                                                                               
CAPTAIN O'SHEA replied it is way up north.  He did not bring a                 
chart to illustrate that boundary.                                             
                                                                               
REPRESENTATIVE PHILLIPS asked Captain O'Shea how has the Beaufort              
Sea boundary changed from what is perceived to be the Alaska-                  
Canadian boundary today.                                                       
                                                                               
CAPTAIN O'SHEA replied, "I don't know."  He suspects that the issue            
up there relates to the oil underneath the boundary.                           
                                                                               
REPRESENTATIVE PHILLIPS stated that is what she is concerned about.            
                                                                               
Number 1561                                                                    
                                                                               
REPRESENTATIVE JOHN COWDERY asked Captain O'Shea whether the                   
boundary in Dixon Entrance has anything to do with the current                 
fishery dispute with Canada.                                                   
                                                                               
CAPTAIN O'SHEA replied it has a connection.  It is an intense                  
symbol of sovereignty for the Canadians.  It represents a potential            
pressure point for people on both sides as a means of stirring up              
controversy.                                                                   
                                                                               
Number 1616                                                                    
                                                                               
REPRESENTATIVE COWDERY asked Captain O'Shea whether the proposed               
new boundary is acceptable to Canada.                                          
                                                                               
CAPTAIN O'SHEA replied, "Absolutely not."  It is not a new                     
proposal.  The U.S. claims the equidistant line between the land               
masses in Dixon Entrance.  The U.S. took the line drawn in 1903 as             
a means to separate the islands in Dixon Entrance.  In other words,            
the islands north of the line belong to the U.S. and the islands               
south of the line belong to Canada.  Canada took the line drawn in             
1903 as applying to the maritime boundary.  The U.S. for many years            
has claimed the equidistant line which is not acceptable to Canada.            
                                                                               
Number 1682                                                                    
                                                                               
REPRESENTATIVE COWDERY asked Captain O'Shea whether the U.S. line              
is disputed by Canada.                                                         
                                                                               
CAPTAIN O'SHEA replied, "Yes."  Canada does not recognize it.  It              
recognizes that it is the equidistant line, but holds that the 1903            
tribunal line is the maritime boundary, while the U.S. does not                
recognize it as the maritime boundary.                                         
                                                                               
Number 1729                                                                    
                                                                               
REPRESENTATIVE COWDERY asked Captain O'Shea whether the area is                
heavily used for commercial fishing.                                           
                                                                               
CAPTAIN O'SHEA replied there are several areas fished by trollers.             
More Canadian vessels fish the area than U.S. vessels.  There is               
a concentration of U.S. gillnetters at Tree Point.  Once in a while            
there are seiners there as well.  There are some black cod and                 
halibut fishers in the disputed area.  Generally, the Canadians                
have not had a problem with the U.S. fishers.  They do have a                  
problem with the U.S. trollers operating within the disputed area.             
Last year, they also said that they have a problem with charters               
operating off of Newnez Rocks (ph).                                            
                                                                               
Number 1779                                                                    
                                                                               
REPRESENTATIVE KOTT asked Captain O'Shea whether he is aware of any            
problems that the state of Washington is facing similar to what                
Alaska is facing.                                                              
                                                                               
CAPTAIN O'SHEA replied there is an unresolved area in the Strait of            
Juan de Fuca.  It is a smaller sliver of water and the fishing                 
issues aren't as contentious, however.  There is a boundary near               
Blaine, Washington that is agreed upon and there is a good                     
relationship between the U.S. and Canada from an enforcement                   
standpoint.  In fact, Canada cooperated with the U.S. in putting up            
a giant range marker to make it easier for fishers to know where               
the line is.                                                                   
                                                                               
Number 1850                                                                    
                                                                               
REPRESENTATIVE VEZEY stated, in reference to Representative                    
Phillips' earlier question, there is no dispute along the Beaufort             
Sea because there isn't a lot of activity at the moment, but the               
maritime boundary is totally unresolved, including the line of                 
demarcation.                                                                   
                                                                               
REPRESENTATIVE VEZEY further stated that the Canadians have nothing            
to win if they negotiate.  The best the Canadians could hope for is            
to hold the status quo.  The Anglo-Russo Treaty of 1825 merely                 
states that the territory ceded starts from the southernmost point             
of the Prince of Wales Island to Portland Channel.  It doesn't talk            
about a maritime boundary - a concept that didn't even exist in                
1825.  Most international courts would either establish a 12-mile              
limit or an equidistant line.                                                  
                                                                               
Number 1942                                                                    
                                                                               
REPRESENTATIVE KOTT made a motion to move the proposed committee               
substitute for HJR 54, version 0-LS1435\B, Bannister, 2/27/98, out             
of the committee with individual recommendations and the attached              
fiscal note(s).  There being no objection, CSHJR 54(WTR) was so                
moved from the House Special Committee on World Trade and                      
State/Federal Relations.                                                       
ADJOURNMENT                                                                    
                                                                               
Number 1976                                                                    
                                                                               
REPRESENTATIVE BARNES adjourned the House Special Committee on                 
World Trade and State/Federal Relations meeting at 5:50 p.m.                   

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