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NEWS

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Herring Collapse linked with the Exxon Valdez Oil Spill
An important paper on the Prince William Sound herring collapse was published this month in a prestigious international journal, the ICES Journal of Marine Science. While scientists have generally believed that the 1989 Exxon Valdez oil spill did not cause the collapse of the PWS herring population - because of a four-year gap between the spill and the 1992 collapse, this paper concludes that the decline occurred over a five-year period, rather than the single-year collapse previously reported.

"Herring and the Exxon Valdez oil spill: an investigation into historical data conflicts" is authored by senior Prince William Sound Science Center (PWSSC) scientist, Richard Thorne, and former PWSSC president, Gary Thomas. The authors examined historical patterns of herring spawn, anomalies in historical fisheries model predictions, changes in predation behavior of Steller sea lions, and the PWSSC's decadal database of acoustic measurements of herring biomass. They also show that the behavior of adult herring makes them especially vulnerable to damage from oil spills and conclude the evidence supports the thesis that the start of the PWS herring decline was coincident with the Exxon Valdez oil spill.

In the same journal issue a separate paper, by Peter-John Hulson and others, continues to assert that the main decline started in 1992 although they conclude that alternative views such as Thorne and Thomas', are also consistent with the existing data. Thorne states that both analyses suffer from a lack of data before 1993.  "No level of sophisticated post-disaster analysis can replace the routine collections of well-considered environmenal and fisheries management data", Thorne and Thomas conclude. "We support the ultimate conclusion of Hulson et al. (2008) that management would benefit from a comprehensive management framework, as provided by the ASA (age structured analysis model), and a methodology to provide a timely check on potential changes in mortality rates and biomass, as provided by acoustics."

Copies of these publications may be requested from the primary authors (rthorne@pwssc.org or p.hulson@uaf.edu).

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Alaska Files Exxon Amicus Brief State Supports $2.5 Billion Punitive Damages Award to Alaskans
Juneau, Alaska, January 29, 2008 - Governor Sarah Palin today announced that the State of Alaska has filed an amicus, or “friend of the court,” brief supporting the award of punitive damages against Exxon Mobil stemming from the 1989 Exxon Valdez oil spill.

The State filed its amicus brief with the U.S. Supreme Court, which agreed in October to hear Exxon Mobil’s appeal. The case is on appeal from a 9th Circuit Court of Appeals decision upholding punitive damages of $2.5 billion dollars. Exxon has continued to appeal a 1994 jury award of punitive damages to Alaskans. The State asserts maritime law permits a court to hold Exxon responsible for the conduct of its employee and ship's captain, Joseph Hazelwood.

The State also asserts the federal Clean Water Act does not prevent harmed parties from obtaining punitive damages. The State views such damages as a deterrent to unsafe conduct and as partial compensation for injured parties whose relief is otherwise limited by technical rules of maritime law.

“The State certainly believes Exxon is wrong and has worked very hard preparing a brief to persuade the Supreme Court to affirm the jury’s award,” said Attorney General Talis Colberg. “Exxon’s arguments, if they prevail, would not only deny Alaskans compensation to which they are due, but would reduce the incentive for those who use our coastal waters to operate in a careful and safe manner.”

In conjunction with filing its brief, and at the invitation of counsel for the individuals who were awarded the damages, the State has asked the Supreme Court to allow it time at oral argument to present its views.

Governor Palin thanked Alaska’s state legislators and the Alaska congressional delegation for their separately filed amicus briefs opposing Exxon. She also extended her thanks to the four former Alaska governors, Walter Hickel, Tony Knowles, Steve Cowper and Bill Sheffield, who joined the brief submitted by the Alaska State Legislature.

A copy of the State’s brief is on the Department of Law website at: www.law.state.ak.us.

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