03/28/2011 03:30 PM Senate RESOURCES

        HJR 19-URGING US TO RATIFY LAW OF THE SEA TREATY                                                                    
                                                                                                                                
4:22:48 PM                                                                                                                    
CO-CHAIR WAGONER announced the consideration  of HJR 19 and asked                                                               
for a motion to bring the resolution before the committee.                                                                      
                                                                                                                                
CO-CHAIR  PASKVAN  moved  to  bring   CSHJR  19(RES)  before  the                                                               
committee, version D.  [Version D was transmitted  from the House                                                               
to the Senate 3/16/11.]                                                                                                         
                                                                                                                                
CO-CHAIR  WAGONER objected  and  asked  Representative Herron  to                                                               
present the bill.                                                                                                               
                                                                                                                                
REPRESENTATIVE  BOB  HERRON,  speaking  on behalf  of  the  House                                                               
Special Committee  on Economic  Development, Trade,  and Tourism,                                                               
sponsor  of  HJR 19,  stated  that  U.S. Senator  Lisa  Murkowski                                                               
supports this resolution,  which urges the U.S.  Senate to ratify                                                               
the United Nations Convention on the  Law of the Sea (UNCLOS). It                                                               
is important to all U.S. interests  in the use and development of                                                               
the high  seas off Alaska.  Under the  treaty, the U.S.  can gain                                                               
another 150 miles beyond the  exclusive economic zone (EEZ). This                                                               
386,000  square  mile  area has  great  economic  and  scientific                                                               
potential and  some would  say that by  not ratifying  the treaty                                                               
the  U.S. is  surrendering  sovereign  rights. Ratification  will                                                               
make the U.S. a leader  in the international Arctic community and                                                               
is in the best interest of Alaskans and all U.S. citizens.                                                                      
                                                                                                                                
SENATOR FRENCH referenced  page 3, lines 21-22, and  asked if all                                                               
the current Joint Chiefs of Staff support ratification.                                                                         
                                                                                                                                
REPRESENTATIVE  HERRON responded  that  all the  Joint Chiefs  of                                                               
Staff since Ronald  Reagan was president have  stated support for                                                               
ratification.                                                                                                                   
                                                                                                                                
SENATOR  FRENCH asked  for confirmation  that every  single joint                                                               
chief to a person supported ratification.                                                                                       
                                                                                                                                
REPRESENTATIVE  HERRON  offered   his  understanding  that  those                                                               
collective Joint Chiefs of Staff have supported ratification.                                                                   
                                                                                                                                
CO-CHAIR  PASKVAN observed  that every  military leader  that had                                                               
come  before  the Senate  in  the  last three  years  unanimously                                                               
supported ratification.                                                                                                         
                                                                                                                                
CO-CHAIR WAGONER  commented that he ordinarily  would not support                                                               
anything that  abrogates sovereignty  to an  international panel,                                                               
but  he  became very  supportive  after  seeing the  Coast  Guard                                                               
presentation that showed Chinese  operations in waters that, with                                                               
ratification, would be under the control of the U.S.                                                                            
                                                                                                                                
CO-CHAIR WAGONER opened public testimony.                                                                                       
                                                                                                                                
4:28:55 PM                                                                                                                    
CAITLYN  ANTRIM, Executive  Director, Rule  of Law  Committee for                                                               
the  Oceans,   Arlington,  Virginia,  said  she   has  worked  on                                                               
virtually all of  the Law of the Sea conventions  since 1982, and                                                               
was asked  to give a  summary of  the convention and  to identify                                                               
areas of  interest. She  said one area  of particular  concern is                                                               
the exclusive economic  zone (EEZ) where the  U.S. has management                                                               
authority out 200 nautical miles. In  the Arctic the U.S. has the                                                               
authority  to impose  marine environmental  protection provisions                                                               
in ice-covered  areas if  the regulation  is based  on scientific                                                               
evidence  and  non-discrimination  among users.  She  highlighted                                                               
that that  authority was Russia's  principle legal  mechanism for                                                               
instituting   control  of   the  northern   sea  route.   On  the                                                               
continental  shelf,  the  U.S.  would  have  control  of  mineral                                                               
resources  in the  seabed  beyond the  EEZ.  With indications  of                                                               
hydrocarbon  in the  seabed, control  may  extend as  far as  600                                                               
miles from shore.  The area is even more promising  than when the                                                               
original  provisions were  drafted. She  said that  navigation is                                                               
also  a  critical  component  of the  convention,  and  the  most                                                               
critical part  is control  of straits  that would  otherwise fall                                                               
within  the 12-mile  territorial  sea. This  would  apply to  the                                                               
Bering  Strait and  would give  the U.S.  authority to  establish                                                               
traffic separation schemes.                                                                                                     
                                                                                                                                
MS.  ANTRIM  explained that  the  primary  reason that  the  U.S.                                                               
didn't initially  join UNCLOS was disagreement  on the management                                                               
of  the  resources of  the  deep  seabed beyond  the  continental                                                               
shelf. Ronald Reagan identified six  areas as essential and would                                                               
only recommend the U.S. join  the convention if those were fixed.                                                               
In 1994  all six objections were  resolved and the U.S.  became a                                                               
provisional  member.  The  U.S. helped  shape  the  international                                                               
regime during its  four years of provisional  membership, but the                                                               
matter  was  not  brought  before the  U.S.  Senate  until  2003.                                                               
Efforts  to move  the process  forward have  been underway  since                                                               
that time.                                                                                                                      
                                                                                                                                
MS. ANTRIM  said it's important  for the  U.S. to join  UNCLOS to                                                               
protect  commercial  navigation,  naval navigation  and  aviation                                                               
rights of  over-flight. Furthermore,  telecommunication companies                                                               
are emphatic  about the need for  the convention in order  to lay                                                               
seabed  cables  and pipelines.  UNCLOS  clarifies  the ways  that                                                               
companies can get  exclusive rights and title to  the minerals in                                                               
the seabed  and continental  shelf without  which they  can't get                                                               
investment  capital or  foreign  partners.  It clearly  specifies                                                               
that  coastal  states are  solely  responsible  for dealing  with                                                               
environmental  issues. Governments  may  engage in  international                                                               
discussion  about  environmental   provisions,  otherwise  it  is                                                               
entirely  a domestic  issue. Joining  UNCLOS will  give the  U.S.                                                               
more authority to  shape the ocean regime not only  in the Arctic                                                               
but also in areas like the  South China Sea. The convention gives                                                               
the U.S.  sovereign rights over  the minerals of  the continental                                                               
shelf and deep  seabed, and recognizes the right for  the U.S. to                                                               
determine environmental regulations through its own laws.                                                                       
                                                                                                                                
4:34:06 PM                                                                                                                    
CO-CHAIR  PASKVAN  asked what  seabed  attributes  off the  north                                                               
coast of Alaska might extend up to 600 miles from shore.                                                                        
                                                                                                                                
MS.  ANTRIM replied  the definition  of  "continental shelf"  now                                                               
says that natural extensions of  the continental material are not                                                               
subject to  an outer limit of  350 miles that applies  to ridges.                                                               
In 1980 all the Arctic  states agreed and specifically noted that                                                               
the  350  mile  limit  did  not apply  to  the  Chukchi  Plateau.                                                               
Research  by Larry  Mayer  that  was done  with  the Coast  Guard                                                               
indicated  that  the  continental material  and  the  continental                                                               
slope  beyond  the  material extends  considerably  further  than                                                               
previously  thought.  Photographs  of  the  seabed  indicate  gas                                                               
upwelling that  is sometimes  indicative of  hydrocarbon deposits                                                               
so  it's a  combination of  the law  opening up  for an  extended                                                               
claim and the geology justifying a claim to that distance.                                                                      
                                                                                                                                
CATHY  WASSERMAN,  Executive  Director, Alaska  Municipal  League                                                               
(AML), stated  that AML  passed a  resolution urging  Congress to                                                               
ratify UNCLOS  because it would enhance  the economic development                                                               
of  Alaska  municipalities. Research  indicated  a  huge list  of                                                               
people that  have supported  the convention  over the  last 20-30                                                               
years, whereas  just a small group  has been opposed and  in fear                                                               
of  giving away  sovereignty.  She emphasized  the importance  of                                                               
taking  action, because  of the  rapid increase  in interest  and                                                               
activity in the Arctic.                                                                                                         
                                                                                                                                
CO-CHAIR WAGONER  closed public testimony and  asked the pleasure                                                               
of the committee.                                                                                                               
                                                                                                                                
CO-CHAIR PASKVAN  moved to  report CS for  HJR 19  from committee                                                               
with   individual  recommendations   and  attached   zero  fiscal                                                               
note(s). Without  objection, CSHJR 19(RES) moved  from the Senate                                                               
Resources Standing Committee.