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Strait is geographically and geologically a westward extension of Cook Inlet and is enclosed within the land mass of Alaska by Kodiak Island. The Trinity and Semidi Islands are so located as to provide a natural geographic and economic limit of Shelikof Strait and these islands are used as the turning point for the straight baseline.

The general direction of the straight baseline drawn does not depart from the general direction of the coastline, nor does the location of the straight baseline result in any distortion of the general outline of the regional coast under consideration.

Basis for Claiming Waters

The waters of Prince William Sound, Cook Inlet, and Shelikof Strait were used and controlled by the Russians from late 1700 to 1867, when Alaska was sold to the United States. After 1867 the United States used and controlled these waters. The Territory of Alaska and the Federal government shared this responsibility from 1912 to 1959 when the responsibility for control and use passed to the State of Alaska. History clearly illustrates beginning in 1780 that the waters enclosed in this region were wholly under the control of the government that controlled the land mass of Alaska.

From a geographic and economic standpoint the waters enclosed by the straight baseline are so located about the land mass of Alaska as to more closely resemble the internal waters of Alaska than the waters of the high seas. Because of its geographic setting the area enclosed represents a whole of the State of Alaska-not an addition to the State of Alaska. On the other hand, where does the concept lead that pretends to assume that Cook Inlet and Shelikof Strait represent high seas? It leads to an unnatural partitionment of what in reality is the whole of Alaska, and artificially establishes an area of high seas that does not in fact exist. If we follow this assumption through to its conclusion we find that an impractical and unmanageable sea lane results.

The distance between Cape Atushagvik on the Alaska Peninsula and Cape Ugat on Kodiak Island is less than 24 miles. The distance between Point Banks and East Amatuli

Island, as well as between the latter island and Perl Island, is less than 24 miles, respectively (see figure 5). Thus, a 12 mile contiguous zone established along the shores referenced would overlap, making the northeast section of Shelikof Strait and sections of Cook Inlet high seas which would be separated from the adjacent high seas of the Gulf of Alaska and the Pacific Ocean by a contiguous zone.

It follows then that if by the establishment of a 12 mile contiguous zone along the waters of Shelikof Strait and Cook Inlet these waters would be cut off from the high seas, the waters so enclosed must be more closely linked to the regime of the land domain than to the high seas.

Cook Inlet, Prince William Sound, and Shelikof Strait cannot be considered international highways for shipping. Shelikof Strait, although connected at two points to the high seas, is not used as a highway for international shipping, nor are the waters to the west of Kodiak Island which have been enclosed. Shipping that does use Shelikof Strait is by and large of a local nature and even then it is of secondary importance. As pointed out in a letter from the Alaska Steamship Company,(41) and the Alaska Maritime Agencies, Inc.,(42) the only occasion upon which foreign flagship would use Shelikof Strait would be when it was going to or coming from a port within Cook Inlet. The Great Circle routes across the North Pacific from North America to the Orient lie south of Kodiak Island and ships using such routes would thusly pass to the south of Kodiak Island by several hundred miles.

Because of their geographic setting and local use, the waters of Cook Inlet and Shelik of Strait are more closely associated with the land than the high seas. Activities that are generally related to the high seas: whaling, deep sea bottom fishing, naval fleet maneuvers, deep sea oceanographic work, international shipping, etc.; are not activities common to any of the waters enclosed by the straight baselines. Instead, these waters are used primarily for local activity which is directly associated with the land or its proximity. Historic ownership, economic use, and geographic setting clearly evidence that the waters enclosed by straight baselines in Southcentral Alaska are so closely linked to the land domain as to subject them to the regime of internal waters.

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REGION IV, THE ALASKA PENINSULA AND THE ALEUTIAN ISLANDS:

Mitrofania Island to Attu to Bechevin Bay

Historical Review

The Aleutian Islands were probably visited by freelance Russian traders as much as 50 years prior to the official discovery of Alaska. The Aleutians are, therefore, historically the oldest known of the territory that is now the State of Alaska. As early as 1758 the Russian merchant, Stepan Glottof, established trade with the village of Unalaska, which remained a Russian trading center for over 100 years.(43) On August 4, 1760, the first of several imperial Ukases were granted, providing the authority for Russian trade in the Aleutians.(44)

Russian interest in North America had its beginnings in the Aleutians and by 1780 the islands had been named and charted essentially as they are known today.(45) Figures 6 and 7 illustrate the degree to which the Aleutian Islands were known as early as 1768. In 1822 the islands and waters of the Aleutians were included by the Russian-American Company in the Unalaska Fur Trading District.(46) As late as 1852 Russia used armed force to prevent encroachment by foreign vessels into the waters of this district.

Geographical Review

The Aleutian Islands can be divided into six island groups. Starting from the westernmost islands they are described as: the Near Islands, the Rat Islands, the Andreanof Islands, the Islands of the Four Mountains, the Unalaska Islands, and the Krenitzin Islands. Each island group is separated by a pass between the North Pacific and the Bering Sea. The islands are volcanic in origin; they were glaciated; and each is characterized by an irregular coastline.

From Unimak Island to Mitrofania Island the coast is highly indented and fringed by numerous islands and reefs.

Basis for Claiming Waters

Each island group consists of a "cluster" of large and small islands so geographically located as to wholly or partially enclose the waters about that island group. Interspersed among the islands are numerous rocks and reefs which prohibit navigation by all but coast-wise or fishing-type vessels.(47) Within these waters fishing, and crab fishing in particular, has become an important industry. Economic considerations, therefore, as well as geography cause the waters enclosed within the island groups to be more closely linked to the regime of internal waters than to the high seas.

A series of straight baselines have been located so as to enclose the waters of each individual island group. The straight baselines as drawn do not distort the general coastal outline of the island group as a whole. The major passes are not enclosed.

The coast from Mitrofania Island to Unimak Island is irregular and fringed by numerous islands, rocks, and reefs, and in this area straight baselines have been used to enclose the fringing islands.

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