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CONTENTS

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ADDITIONAL ARTICLES, LETTERS, AND STATEMENTS

Diplomatic note from the Government of Japan to the United States of
America, May 3, 1962__

Eagan, Hon. William A., Governor, State of Alaska, statement_.

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Hartig, Robert L., assistant attorney general, chief, natural resources sec-
tion, department of law, remarks concerning the recently published State
department charts---

168

Mathews, Ann, Alaska Press Women, letter of May 24, 1972.

190

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PROVISIONAL U.S. CHARTS DELIMITING ALASKAN

TERRITORIAL BOUNDARIES

MONDAY, MAY 15, 1972

U.S. SENATE,

COMMITTEE ON COMMERCE,

Juneau, Alaska.

The committee met pursuant to call, Hon. Daniel Inouye presiding. Present: Senators Inouye and Stevens.

Senator INOUYE. The hearing will please come to order.

I presume these are the first official Senate hearings ever called to order with a jade gavel. This was presented to me this morning by your very distinguished Senator, Ted Stevens.

These hearings are being called to order at the request of your Senator, Ted Stevens, by and with the authority of the chairman of the Senate Committee on Commerce, Mr. Magnuson of Washington. Since the problem we will discuss today is unique in the sense that it does not apply to most States of the Union and since it has been requested by your Senator. I believe it is appropriate at this time to call upon your Senator to set forth for the record the purpose of these hearings.

If I may, I would like to call upon your distinguished Senator, Senator Stevens.

OPENING STATEMENT BY SENATOR STEVENS

Senator STEVENS. Thank you, Senator Inouye. I am grateful to you for taking the time to come to Juneau to conduct these hearings.

The purpose of the hearings is to discuss the provisional State Department charts delimiting the territorial sea, contiguous zone, and certain internal waters of the United States off the coast of Alaska. These charts use an arc of circles method of delineation, instead of a straight baseline method. These charts have left considerable room for discussion, and caused a good deal of controversy, not only here in Alaska, but in the lower 48 in the State of Washington in the Puget Sound area, as well as in Washington, D.C.

As many are aware, the State Department is quite concerned about the international as well as internal ramifications of these charts. They have sent a representative here today to testify. And I hope that the hearings will open discussion between the State Department and the State of Alaska and her citizens.

We are interested in discussing several issues. First, we would like to hear testimony on the rights of the United States to these waters. Such rights may be based both on historical and legal grounds. Staff member assigned to this hearing: John Hussey.

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Secondly, we would like to consider the advisability of utilizing the straight baseline method in general.

As those of you who received letters inviting you to testify well know, we would like to hear testimony on three specific questions. First, the policy issue, the interests of Alaska and the United States, in measuring this part of Alaska coastline by straight baseline. Underlying this is the basic economic issue, particularly with regard to our fisheries and mineral resources. Secondly, are the factual issues dealing with the question of whether or not the charts are correctly drawn. I understand that some potential of demarcation, such as rocks and spits, were not used because it is not known whether they met the legal criteria. Third, are the historical issues. Alaska's historical, legal right to use these waters.

I'm very pleased that you were able to chair these hearings today, Senator Inouye. It's a very important subject to me, Senator Gravel, and Congressman Begich. I believe the Governor will be appearing this afternoon. And we are most pleased to have an opportunity to make a record as to the position of Alaska on the charts.

Senator INOUYE. Thank you very much. I must confess that up until early this morning, I had visited only 49 of the 50 States. I am very grateful for this opportunity, that I can now finallyin discussing with my colleagues say with honesty that I have visited all of the States.

I am pleased to note that our first witness this morning is Mr. Steven C. Nelson, esq., representing the Office of the Legal Adviser of the State Department.

Mr. Nelson, welcome, sir.

STATEMENT OF STEVEN C. NELSON, ESQ., REPRESENTING THE OFFICE OF THE LEGAL ADVISER OF THE STATE DEPARTMENT

Mr. NELSON. Thank you, Mr. Chairman. My name is Steven Nelson. I am special assistant to John R. Stevenson, the Legal Adviser of the State Department. Mr. Stevenson, as you know, was unable to attend these hearings as a result of a prior commitment outside the country. But he has taken a very deep, personal interest in the issues with which we are concerned today, and has directed a thorough review by members of his immediate staff, particularly myself and Deputy Legal Adviser George Aldrich, of the issues that are involved.

I am therefore here to learn, as much as anything else. But I will do my best to explain where we stand at the present time. I will proceed now to present the statement of Mr. Stevenson, and then I will be happy to try to answer whatever questions you may wish to ask. The Department of State welcomes the opportunity to present its views at this hearing on a subject which we realize is of major interest to the people of Alaska. We have been concerned about misunderstandings which we believe have arisen since the issuance last year of the maps depicting, on a provisional basis, the lines delimiting the territorial sea and the contiguous zones of the United States. We are therefore gratitfied at the initiative taken by Senator Stevens and the rest of the Senate Commerce Committee-including in particular Senator Inouye to try to develop, through these hearings, a better understanding by all parties of the nature and background of these charts as

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