04/13/2009 03:30 PM Senate RESOURCES

        HJR 22-URGING US TO RATIFY LAW OF THE SEA TREATY                                                                    
                                                                                                                                
3:52:17 PM                                                                                                                    
CO-CHAIR   WIELECHOWSKI   announced  HJR   22   to   be  up   for                                                               
consideration.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  PAUL SEATON,  sponsor of  HJR 22,  explained that                                                               
this joint resolution  asks the U.S. Senate to ratify  the Law of                                                               
the  Sea  Treaty.  Both  of  Alaska's  U.S.  They  have  received                                                               
extensive  testimony  from  the  military.  In  the  Joint  Armed                                                               
Services  Committee on  March  2 the  Alaska  Command testify  in                                                               
favor of it and  extending jurisdiction. Previously, the Magnuson                                                               
Stevens Act  was used. The  treaty has  155 signatory and  it has                                                               
taken its place.  If the U.S. is  not a signatory, it  is only at                                                               
the  other  nations' pleasure  that  our  200  mile and  12  mile                                                               
extended territorial jurisdiction is  recognized. He provided the                                                               
committee  some  polar  view  maps that  show  the  extension  of                                                               
boundary  and sovereignty  that  is available  to  the U.S.  with                                                               
ratification of  the Law of  the Sea  Treaty is passed.  The U.S.                                                               
could probably extend  jurisdiction 350 miles into  the Arctic by                                                               
becoming a  signatory and  that area has  a tremendous  amount of                                                               
resource.  The U.S.  is  currently the  only  Arctic nation  that                                                               
isn't  a signatory.  If we  are not  a signatory,  others nations                                                               
could claim that area instead of us.                                                                                            
                                                                                                                                
3:54:59 PM                                                                                                                    
ADMIRAL  GENE  BROOKS,  Commander,  17th  Coast  Guard  District-                                                               
Alaska,  supported  HJR  22.  He  said  the  important  thing  to                                                               
remember is  that the  U.S. has  always been  one of  the leading                                                               
nations  in  the  world  attempting   to  codify  the  rules  for                                                               
operations on the  oceans. That initiative culminated  in 1958 by                                                               
the first Law  of the Sea Conference. The U.S.  agreed and signed                                                               
that one,  but since  then new problems  have developed.  At that                                                               
time fish stocks  were thought to be inexhaustible,  and the 1958                                                               
Convention had  no dispute resolution mechanism.  The 1958 didn't                                                               
guarantee   submarine  or   air   craft   rights  over   expanded                                                               
territorial seas,  and many nations  were starting to  claim very                                                               
broad  boundaries   that  were  threatening  to   choke  off  the                                                               
straights of  the world, but  were also creating some  havens for                                                               
bad people to hide.                                                                                                             
                                                                                                                                
He said the U.S. actually led  the initiative creating the Law of                                                               
the Sea  Convention in 1994,  but deep  sea bed mining  issues at                                                               
the time stopped it from  ratification. Admiral Brooks stated the                                                               
U.S.  Senate has  not ratified  this convention  that it  led the                                                               
creation of. The  truth is that today America  enjoys many rights                                                               
and privileges because  the other signatories allow us  to have a                                                               
12-mile territorial sea, a 200-mile  exclusive economic zone, but                                                               
we cannot claim the outer  continental shelf territory because we                                                               
are not party to the conference.                                                                                                
                                                                                                                                
ADMIRAL  BROOKS stated  that another  issue to  consider is  that                                                               
frequently when  he talks to  people about these issues  in other                                                               
countries,  Canadians,  in  particular, say  they  need  American                                                               
leadership. The  Laws of the Sea  are always changing -  and it's                                                               
changing from  one we  helped create  in the  early 90s,  but not                                                               
necessarily in the direction that  we have any influence in right                                                               
now.  To  protect  the military  transit  rights,  the  exclusive                                                               
economic   zone  that   Alaska  enjoys,   and  the   transit  for                                                               
enforcement in fishing on the open  seas, it is important for the                                                               
U.S. to become a signatory and fully participate.                                                                               
                                                                                                                                
3:58:23 PM                                                                                                                    
SENATOR STEVENS asked,  in the mode of "be careful  what you wish                                                               
for," how we  would police and control this area  - the shipping,                                                               
the  whale  migration,  mining and  fisheries  -  without  ships,                                                               
planes and harbors up there.                                                                                                    
                                                                                                                                
3:58:46 PM                                                                                                                    
ADMIRAL BROOKS replied  he doesn't currently have  the ability to                                                               
patrol  it or  keep it  secure. He,  along with  others including                                                               
several legislators,  are trying  to raise people's  awareness of                                                               
America's  responsibility as  a  Nordic nation  and  the need  to                                                               
police and make  this portion of the planet  safe. Admiral Brooks                                                               
stated that the cruise ships  are coming, the fishing vessels may                                                               
be coming, and there are many  reasons for the Coast Guard to get                                                               
prepared to support Alaskans in this part of the world.                                                                         
                                                                                                                                
SENATOR  STEVENS stated  it  is a  big problem  and  the lack  of                                                               
harbors is a major issue.                                                                                                       
                                                                                                                                
ADMIRAL BROOKS agreed the lack  of harbors is a significant issue                                                               
for all Alaska and the U.S.                                                                                                     
                                                                                                                                
4:00:40 PM                                                                                                                    
JAMES FLOYD, representing  himself, Tok, said he  opposed SJR 13,                                                               
which is identical  to HJR 22. He explained that  there are still                                                               
a lot of  criticisms of the treaty  itself - the fact  that it is                                                               
long and complicated.  It dictates what laws the  U.S. would have                                                               
to have  and that  raises concerns  about sovereignty.  Mr. Floyd                                                               
said  that  this is  coming  from  the  United Nations  where  it                                                               
appears  that a  lot of  people from  government are  pushing for                                                               
this  than really  are. The  common person  is not  familiar with                                                               
this  treaty and  it's coming  from the  top down.  He urged  the                                                               
committee to exercise caution.                                                                                                  
                                                                                                                                
CO-CHAIR WIELECHOWSKI closed public testimony.                                                                                  
                                                                                                                                
4:04:03 PM                                                                                                                    
REPRESENTATIVE SEATON  said the  only question  that came  up was                                                               
that the U.S. had opted out  of the provisions in section 297; so                                                               
he didn't think there was a problem.                                                                                            
                                                                                                                                
SENATOR  HUGGINS   said  he  doesn't  know   anything  about  the                                                               
International  Court   of  Justice   and  without   any  previous                                                               
experience with it,  his confidence level is not  high. But those                                                               
advocating for  this treaty  have good  reasoning, and  if things                                                               
work out as envisioned it would  be good; but if conflicts arise,                                                               
his  confidence  level  of adjudicating  those  is  low.  Senator                                                               
Huggins stated that  he does not have a problem  with this moving                                                               
out  of  committee  but   when  international  organizations  are                                                               
involved, the ability to solve conflict is doubtful.                                                                            
                                                                                                                                
SENATOR  STEVENS  moved to  report  HJR  22 from  committee  with                                                               
individual recommendations.  There were no objections  and it was                                                               
so ordered.