Legislature(2005 - 2006)BUTROVICH 205

05/03/2006 08:30 AM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 442 HEALTH CARE DECISIONS TELECONFERENCED
Moved CSHB 442(JUD) am Out of Committee
+= HB 190 REQUIRED ID FOR PURCHASING ALCOHOL TELECONFERENCED
Moved CSHB SCS 190(JUD) Out of Committee
+ HB 322 SAFE SURRENDER OF BABIES TELECONFERENCED
Moved CSHB 322(JUD) am Out of Committee
+= HJR 9 URGE CONGRESS HONOR EXXON VALDEZ JUDGMENT TELECONFERENCED
Heard & Held
+ SJR 17 COLLECT MORE EXXON VALDEZ SPILL DAMAGES TELECONFERENCED
Heard & Held
         SJR 17-COLLECT MORE EXXON VALDEZ SPILL DAMAGES                                                                     
                                                                                                                                
10:05:53 AM                                                                                                                   
CHAIR RALPH SEEKINS announced SJR 17 to be up for consideration.                                                                
                                                                                                                                
SENATOR  HOLLIS FRENCH  introduced the  resolution. He  explained                                                               
that  it simply  asked the  state and  the federal  government to                                                               
pursue  the "Reopener  for  Unknown Injury"  clause  in the  1991                                                               
civil settlement with  the Exxon Corporation over  the 1989 Exxon                                                               
Valdez oil spill in Prince William Sound.                                                                                       
                                                                                                                                
Since  the spill  and settlement,  scientists  have determined  a                                                               
number of unanticipated  injuries to the spill zone,  such as the                                                               
1993 crash of the herring population.  Also, crude oil has yet to                                                               
biodegrade on  many of  the beaches in  the Sound.  These issues,                                                               
among  others,  show  the necessity  of  pursuing  the  "reopener                                                               
clause" and the  $100 million dollars that would  help remedy the                                                               
harm.                                                                                                                           
                                                                                                                                
10:09:17 AM                                                                                                                   
TIM  JOYCE,  Mayor  of  Cordova,  testified  in  support  of  the                                                               
legislation. He detailed the negative  economic impacts since the                                                               
1989 Exxon Valdez oil spill  surrounding Prince William Sound. He                                                               
described the downfall of the  herring fishery and said there was                                                               
strong evidence  that the collapse  started in 1989 with  the oil                                                               
spill. The  surrounding economy has  suffered for over  ten years                                                               
and continues to suffer, he stated.                                                                                             
                                                                                                                                
There are three criteria the  government must establish to reopen                                                               
the claim; that a population,  habitat, or species has suffered a                                                               
substantial  loss  or  decline,  the  loss  or  decline  must  be                                                               
attributed to  the oil spill, and  the loss or decline  could not                                                               
have  been known  or reasonably  anticipated when  the settlement                                                               
was signed in 1991. He said  he could list at least two instances                                                               
that  meet the  criteria  including  the unanticipated  lingering                                                               
effects of the herring population.                                                                                              
                                                                                                                                
10:13:39 AM                                                                                                                   
MR. JOYCE  asserted that the  oil is lingering under  the surface                                                               
on the  beaches and would  remain a toxic environment  far longer                                                               
than the experts thought it would.                                                                                              
                                                                                                                                
ROBERT MAXWELL, Commercial Fisherman,  testified that the loss of                                                               
the herring  fishery has negatively  impacted his family  and the                                                               
community  of Cordova  profoundly.  He recalled  years past  with                                                               
great herring  fisheries and  the accompanying  positive economic                                                               
impacts. He testified in support of SJR 17.                                                                                     
                                                                                                                                
10:16:49 AM                                                                                                                   
JEFF SHORT,  Research Scientist,  Auke Bay  Fisheries Laboratory,                                                               
offered to answer questions regarding  research done on the Exxon                                                               
Valdez oil spill and the effects of the lingering oil.                                                                          
                                                                                                                                
SENATOR FRENCH asked Mr. Short  to give the committee an overview                                                               
of  the  research they  have  done  and  of  the effects  of  the                                                               
lingering oil.                                                                                                                  
                                                                                                                                
MR. SHORT complied. He said the  study was sponsored by the Exxon                                                               
Valdez Trustee  Council and was  executed in the summer  of 2001.                                                               
It was  a random sampling  design aimed at providing  an estimate                                                               
of the amount  of oil left. They sampled over  90 beaches and dug                                                               
over  7000  pits.  They  estimate between  100-200  tons  of  oil                                                               
remains  on the  subsurface of  the beach,  meaning it  is mainly                                                               
non-visible. Oil  that remains visible  on the beach is  hard and                                                               
resembles  pavement. The  beaches are  still extremely  toxic and                                                               
will remain so indeterminately.                                                                                                 
                                                                                                                                
10:20:07 AM                                                                                                                   
MR.   SHORT  continued   the  area   of  damage   corresponds  to                                                               
approximately six miles of  shoreline. Studies conducted indicate                                                               
the oil  dissipation through natural processes  is extremely slow                                                               
and is expected to remain for several decades.                                                                                  
                                                                                                                                
CHAIR  SEEKINS asked  Mr.  Short whether  there  is a  scientific                                                               
connection between the  oil spill and the decline  of the herring                                                               
fishery.                                                                                                                        
                                                                                                                                
MR. SHORT said  that is a difficult question  because the science                                                               
is  not clear.  There  is a  reason  to believe  there  may be  a                                                               
relationship but reason to believe otherwise, he said.                                                                          
                                                                                                                                
10:23:25 AM                                                                                                                   
CHAIR  SEEKINS asked  Mr.  Short whether  there  have been  other                                                               
fisheries negatively  impacted by  something not connected  to an                                                               
oil spill.                                                                                                                      
                                                                                                                                
MR. SHORT  said yes. There  was a  major herring stock  in Russia                                                               
that vanished in the 1950s for unknown reasons.                                                                                 
                                                                                                                                
CHAIR SEEKINS  asked whether  there was a  similar impact  in any                                                               
Alaska fishery.                                                                                                                 
                                                                                                                                
MR.  SHORT said  not on  the scale  of the  Prince William  Sound                                                               
incident. He conceded he was not  an expert in that arena, but as                                                               
an  environmental  chemist  he  was  specifically  following  the                                                               
herring fishery closely.                                                                                                        
                                                                                                                                
KEN ADAMS,  Cordova, testified in  support of the  resolution. He                                                               
said  he  is  one  of  the stakeholders  trying  to  achieve  the                                                               
application  of  science for  the  improvement  of fisheries.  He                                                               
spoke about  the Herring Summit  that was held by  the ExxonMobil                                                               
Corporation  in  Anchorage  in  April of  2006.  A  dozen  expert                                                               
scientists  and other  stakeholders attended  and testified.  The                                                               
group  presented a  plan to  aid the  restoration of  herring, as                                                               
they believe  that through direct  intervention something  can be                                                               
done. The  current population estimate  is at 17,000  tons. Prior                                                               
to  the  oil spill  the  population  estimate was  120,000  tons.                                                               
"Nature is not aiding the recovery of herring," he said.                                                                        
                                                                                                                                
10:27:31 AM                                                                                                                   
MR. ADAMS  said the  group proposed to  utilize the  expertise of                                                               
fishermen and  scientists toward  a major  resource plan  that he                                                               
referred   to   as   the  "sound   ecosystem   assessment."   The                                                               
intervention  program  would  involve  moving  herring  eggs  and                                                               
larvae  into  locations that  would  make  it more  suitable  for                                                               
survival.  He explained  the technique  to be  used to  track the                                                               
movement   of   herring    called   "otolith   marking"   through                                                               
spectrophotometry.                                                                                                              
                                                                                                                                
MR.  ADAMS compared  Prince William  Sound with  Sitka Sound  and                                                               
said that  for years  the two  herring fisheries  were identical.                                                               
However,  after  the  oil  spill,  the two  could  no  longer  be                                                               
compared.  Sitka  Sound  continues  to  be  a  normal  productive                                                               
fishery and Prince William Sound is not.                                                                                        
                                                                                                                                
10:32:38 AM                                                                                                                   
CHAIR SEEKINS held the resolution in committee.                                                                                 

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