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.