By MATT VOLZ
The Associated Press
Tuesday, June 07, 2005
JUNEAU - The U.S. Supreme Court has rejected Alaska's ownership claims of the waters of Glacier Bay, one of the state's most visited national parks
and a popular cruise-ship destination.
In a decision released yesterday, the court ruled unanimously the state
cannot claim ownership of the submerged lands in Glacier Bay National Park
and other pockets within Southeast Alaska's Alexander Archipelago.
Gov. Frank Murkowski has lobbied to increase the number of cruise ships
allowed in the bay. Conservation groups praised the court decision as a way
to control cruise-ship traffic that could threaten the bay's wildlife.
The ruling ends a five-year lawsuit in which the state attempted to wrest
control of Southeast Alaska's waterways. Both federal and state governments
had previously agreed to Alaska's claims to about 80 percent of the
submerged land in the region.
The Supreme Court ruled the state can't claim under the Alaska Statehood Act
land set aside by the federal government for the protection of wildlife,
which includes Glacier Bay's submerged lands.
The statehood act made clear the land-transfer directive "did not apply to
lands withdrawn or otherwise set apart as refuges or reservations for
(wildlife) protection," according to the ruling.
The court also ruled against other claims about submerged lands in Southeast
Alaska made by the state, disagreeing with the state's arguments that they
are historic inland waters.
Marcia Blaszak, National Park Service regional director for Alaska, said
there will be no changes in the management of the park because of the
decision.
However, she said a study is under way to find out if more cruise ships in
Glacier Bay will harm wildlife. A decision on whether to increase the number
of ships into the park is expected in October.
"We are looking at incrementally increasing the number of cruise ships
should the science determine that there would be no adverse effect," Blaszak
said.
During the summer season, which is from June through August, 139 cruise
ships are allowed into the bay's waters. The study will find out whether the
park can handle up to 184 each season.
Murkowski was in Fairbanks yesterday and not available for comment. His
spokeswoman, Becky Hultberg, said he was disappointed with the decision but
conceded its finality.
"It's important to have a clear understanding of ownership. Now we do have
that clear understanding," Hultberg said.
"Since we have a decision we will continue to work with the Park Service on
specific access issues."
Those issues, she said, include access for state ferries and an increase in
the number of cruise ships.
Jim Stratton, director of the National Parks Conservation Association's
Alaska region, said if the case had gone the other way, he feared "the
carefully crafted regime of marine vessels would have been thrown out."
If that happened, he said, the noise and increased activity would likely
have caused a decline in the marine and land animals in the park.
"In order to maintain the natural environment that is there, there needs to
be rules on the number of boats and how those boats behave," he said.
Glacier Bay National Park, unreachable by land, contains just under 3.3
million acres. Humpback whales, orcas, Steller sea lions, harbor seals, sea
otters and Dall's porpoises draw tourists from around the world. On the
park's shores and mountainsides roam bears, moose, wolves, coyotes and
mountain goats.
The park had 353,680 visitors in 2004, according to Park Service spokesman
John Quinley.
The Park Service last increased the number of cruise ships allowed into
Glacier Bay in 1996, when the number jumped from 107 to 139.
For other vessels, 276 tour boats, 552 charter boats and 2,300 private boats
are allowed in the bay each year between June and August, according to the
Park Service