CONTENTS Page Lanzerotti, Dr. Louis J., Technical Staff, AT&T Bell Laboratories and Chair, Committee on Antarctic Policy and Science, Polar Research Board, National ................ Manheim, Bruce S., Jr., Senior Attorney, Environmental Defense Fund, letter Questions asked by Senator Kerry and answers thereto by Mr. Scully S. 1427, THE ANTARCTIC SCIENTIFIC RESEARCH, TOURISM, AND MARINE RESOURCES ACT OF 1993, TO IMPLEMENT THE PROTOCOL ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC TREATY WEDNESDAY, OCTOBER 20, 1993 U.S. SENATE, COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION, Washington, DC. The committee met, pursuant to notice, at 2 p.m. in room SH216, Hart Senate Office Building, Hon. John F. Kerry presiding. Staff members assigned to this hearing: Lila H. Helms, professional staff member, and Penelope D. Dalton, senior professional staff member; and John T. McCabe, minority professional staff member, and John A. Moran, minority staff counsel. OPENING STATEMENT OF SENATOR KERRY Senator KERRY. The hearing will come to order. I apologize for being late. Good afternoon and welcome to what may be one of the most important hearings the Senate will conduct this year on international environmental protection. Today we will hear testimony on the Antarctic policy of the United States and legislative proposals to implement the Protocol on Environmental Protection to the Antarctic Treaty, a subject that we have been waiting for sometime to make real progress on. Antarctica is often described as the ultimate pristine wilderness, and forms a unique and critical part of our global environmental system. The continent composes about one-tenth of the Earth's land surface and about 98 percent of its surface is covered by ice. It is home to many species of flora and fauna including whales, seals, and penguins. Its remote environment has attracted explorers, resource prospectors, scientists, and most recently large numbers of tourists. The special values of Antarctica are reflected in the Antarctic Treaty of 1959. This agreement forms the foundation for the protocol and guarantees free access and research rights for the international community. The Antarctic is especially important to science because its ice mass provides evidence of past global change, its atmosphere supports the most intense Sun-Earth interactions, and its pristine environment serves as the world's early warning system to global climate and atmospheric changes. The protocol builds on the Antarctic treaty by extending and improving Antarctic environmental protection. The need to improve environmental protection came as a result of evidence that some nations were preparing for the possible exploitation of Antarctic mineral resources. The protocol reaffirms the designation of Antarctica as a special conservation area devoted to peace and science, and requires that activities be planned so as to limit adverse impacts on the environment. The protocol requires that environmental impact assessments be prepared for proposed activities that are likely to have more than a minor or transitory impact, and bans nonscientific Antarctic mineral activities for a minimum of 50 years. Finally, the protocol acknowledges the impact of the growing number of tourists who travel to the Antarctic to witness its wild beauty and rugged terrain, but who represent a threat to the fragile Antarctic ecosystem. Although the protocol was signed over 2 years ago by the United States, and the Senate passed a resolution in support of ratification over 1 year ago, legislation to implement the protocol has yet to be enacted. Although five nations already have ratified the protocol, none has passed implementing legislation because they are waiting to see what action the United States will take. Therefore, it is urgent that we move quickly to pass legislation that the other ratifying nations can use as a model. This legislation must include strong environmental protection requirements, but it also must permit critical scientific activities to continue. Science and environmental protection are not mutually exclusive, thus our challenge is to craft a balance between these two important Antarctic considerations. Earlier this year, I introduced the Antarctic Scientific Research, Tourism, and Marine Resources Act of 1993 to implement the protocol. This bill calls for comprehensive environmental consideration in the conduct of U.S. scientific research, tourism, and other activities in the Antarctic. The legislation maintains the role of the National Science Foundation as lead Federal agency in the Antarctic, fulfills U.S. obligations under the protocol, and incorporates a provision for citizen suits. Additionally, the bill exceeds the requirements under the protocol in the areas of takings of animals and plants, of waste disposal, and of marine pollution. It is my belief that, as one of the founders of the Antarctic treaty system, the United States has an obligation to enact strong implementing legislation. Further, if we can improve the protection by going beyond the minimum standards established by the protocol, I believe it is beneficial to do so absent some clear and convincing evidence, or compelling reasons for not doing so. Last week, we received a draft bill from the administration entitled the "Antarctic Environmental Protection Act of 1993." While I am pleased that we finally have an administration bill to discuss, I have questions about provisions of the bill dealing with waste disposal and the fact that the administration's interagency process could not reach consensus on the question of how to treat citizen suits. I look forward to working with the administration to resolve these outstanding issues. Mr. Chairman, your comments, please. OPENING STATEMENT OF SENATOR HOLLINGS The CHAIRMAN.Today's hearing addresses a growing concern of the American scientific community and environmental groups-en suring timely enactment of U.S. legislation to implement the Protocol on Environmental Protection to the Antarctic Treaty. The protocol was signed by the United States 2 years ago and approved by the Senate last Congress, yet implementing legislation remains to be completed. In addressing that task, our primary goal will be to provide a balanced approach that preserves both the environment and the ability to conduct scientific research in the Antarctic. Having had the opportunity to visit Antarctica, I can attest to its special beauty and pristine wilderness. While on the continent, I was impressed by a number of dedicated scientists operating under difficult circumstances to help us to understand better our global environment. The Antarctic provides scientists with a truly unique laboratory to conduct activities that cannot be done anywhere else. However, as important as these scientific activities are, we must be honest and accept the fact that the U.S. Antarctic Program has not always been the best steward of the Antarctic environment. While much has been done in the last few years to improve U.S. operations in the Antarctic, the Antarctic Scientific Research, Tourism, and Marine Resources Act of 1993 will help to ensure that present and future U.S. activities by scientists, explorers, tourists, and others comply with the highest environmental standards. Scientists themselves understand the critical importance of preserving the Antarctic as a natural reserve for generations to come, and I am confident that we can find a workable solution. Today's hearing provides us an opportunity to evaluate U.S. Antarctic activities and to explore how we can achieve a balance between environmental protection and the conduct of science. I welcome our witnesses and look forward to working with the administration, scientists, tour operators, and conservation groups in meeting this important goal. Thank you, Mr. Chairman. Senator KERRY. Thank you, Mr. Chairman. Let me close by stating that because ours is the Nation with the most extensive Antarctic Scientific Program, our delay in enacting legislation to implement the protocol on environmental protection is inconsistent with our Antarctic policy objectives. Furthermore, when the protocol comes into force, it will mark a new threshold in international environmental protection and cooperation, not only for Antarctica but for all global commons. Thus our responsibility to implement the protocol is both national and international in nature. It is a responsibility that the Vice President and the President talked about in their campaign, and now we have a chance to put this commitment into effect. We have a challenging responsibility before us, and I call upon all parties to help us enact legislation which preserves and advances both the environmental quality and scientific values of the Antarctic. Senator Gorton. Senator GORTON. No opening statement, Mr. Chairman. Senator KERRY. Thank you very much. Would you take over? I need to take a phone call for a minute. We begin with the first panel, Mr. Tucker Scully, the Director of the Office of Ocean Affairs, and Dr. Cornelius Sullivan, Director of the Office of Polar Programs. Gentlemen. The testimony will be |