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.