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Watson Events
Swati Ramanathan ─ Solving the Spatial Chaos in India's Cities: Case Studies from the Trenches
4 p.m. – 6 p.m.
McKinney Conference Room
Swati Ramanathan is co-founder of Jana Group, a clutch of social enterprises aimed at urban transformation in India. Ms Ramanathan leads Janaagraha’s innovations in the use of social media and mobile and internet technology for civic participation, ipaidabribe.org on retail corruption, and ichangemycity.org on hyper local citizen participation. In 2013, Ms. Ramanathan was honoured by the National Democratic Institute in Washington DC, with the Democracy and Civic Innovator Award.
Ms. Ramanathan has prepared the “National Urban Spatial Planning and Development (USPD), 2013 Guidelines” for planning India’s cities, at the behest of the Ministry of Urban Development, and the Planning Commission, Government of India. Ms. Ramanathan was the Co-Convenor of the Urban Planning Group of the Planning Commission’s 12th Five Year Plan.
In 2008, Ms. Ramanathan was honored by the Government of Rajasthan with the Rajyotsava Puraskar for her work on the Jaipur 2025 Master plan. She is currently member of the Chief Minister’s Advisory Council, Government of Rajasthan. She is undertaking the development of a Spatial Development Plan 2035 for Sawai Madhopur, and transformational projects for the city that are related to Mobility and Conservation of the city’s water system and Protection of the Forest and Tiger Sanctuary.
Ms. Ramanathan’s work on Urban Design standards for city roads have been adopted as the desired standards by the state of Karnataka (Tender SURE – Specifications for Urban Road Execution), with the Government of Karnataka allocating Rs.500 crores in the state budget, towards model Tender SURE roads for the CBD area of Bangalore city. The Chief Minister has announced 50 more roads will be included in the 2016-17 budget.
In 2007, Ms. Ramanathan was named a Young Asian Leader by the Asia Society. In 2013, she and her husband were honored with as the Social Entrepreneurs of the Year Award by Forbes India.
Ms. Ramanathan holds a BS from India, and an MS from Pratt Institute, N.Y.
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Pima County » Government » Public Defender
Meet Our Lawyers Meet Our Social Workers/Mitigation Teams
The Pima County Public Defender provides legal defense services to people charged with misdemeanor and felony offenses in Pima County, as well as representing juveniles in delinquency proceedings and parties in dependency proceedings. We commit ourselves to the goal of ensuring equal justice through quality legal representation, and we employ an accomplished team of professionals to achieve this end: attorneys, legal secretaries, paralegals, investigators, social workers, mitigation specialists, clerks, law clerks, and specialized interns. Our exceptional attorneys fight to uphold the constitutional protections the law affords to those accused of crimes, and we dedicate ourselves to the pursuant of “liberty and justice for all.”
Know Your Rights/Legal Clinic/Rights Restoration
Law Clerk / Intern
In light of our shared and inherent humanity, we challenge injustice, promote systemic change, and advocate for the fair treatment of all people by providing vigorous representation as guaranteed by the United States and Arizona Constitutions.
The Pima County Public Defender’s Office was established in 1970 and began with a handful of lawyers and a few support staff. The office now employs attorneys, investigators, social workers, mitigation specialists, legal secretaries, paralegals, clerks, and law clerks. The lawyers in our law office have substantial training and experience specializing in criminal defense, juvenile delinquency proceedings, and dependency proceedings. The Pima County Public Defender handles criminal and juvenile cases ranging in serious from misdemeanors and minor felonies such as drug possession to capital homicide cases where the State is seeking the death penalty.
The Role of the Public Defender
The Pima County Public Defender represents indigent individuals upon appointment by the Court in felony cases, misdemeanor cases, juvenile delinquency matters, dependency proceedings, and appeals in Pima County. Criminal offenses which occur within the boundaries of Pima County may also be assigned to the Pima County Legal Defender’s Office, the Pima County Legal Advocate’s Office, or the Office of Court Appointed Counsel. Misdemeanor cases occurring within the boundaries of the City of Tucson are handled by the City of Tucson Public Defender’s Office with the exception of those misdemeanors that are charged alongside a felony offense.
All of us in the Public Defenders Office recognize the need to be vigilant and challenge the justice system to ensure that it meets the promises of the state & federal constitution. The Public Defenders Office is committed to fairness in the justice system. We believe that the rights of the weakest in society must be protected for the benefit of us all and that the protection of the liberty of one, is the protection of the liberty of all. We in our office understand that we can be a powerful tool in securing justice by ensuring that the rights provided for by the state & federal constitution be upheld.
Our Goals and Objectives are as follows:
To ensure the fair, unbiased, and equitable application of criminal justice in Pima County.
To stand united in the commitment to serve, honor, and protect the constitutional rights of the Citizens of Pima County.
To remain steadfastly dedicated to the principle that no citizen shall be deprived of life, liberty, or property without competent, professional, and vigorous representation.
To support our clients as diligent and conscientious advocates and maintain the highest levels of professional integrity.
A Vision for a New Criminal Justice System in Arizona
by the Arizona Public Defender Association
Arizona’s criminal justice system is bloated and broken.
Per capita, Arizona has the fourth highest incarceration rate in the world. Mandatory minimum and "truth in sentencing" laws have locked up too many people for too long, with no benefit to community safety. Arizona taxpayers now spend $20,000 more per inmate than they spend per K-12 student. Prosecutors charge so many people with crimes they overload the system, forcing defense attorneys and judges to compromise defendants' basic constitutional rights. Due process of law is no longer guaranteed in our state, and has not been for many years.
The Arizona Public Defender Association (APDA) exists to improve the quality of legal representation for poor people and to safeguard the constitutional rights of the indigent, thereby protecting the rights of all members of our community. To that end, APDA envisions a criminal justice system anchored in the following constitutional and humanitarian principles.
No one should be deprived of their life, liberty, or property without due process of law.
Due process depends on the full disclosure of all evidence in all cases. No defendant can meaningfully evaluate a plea offer before they have seen all the evidence against them. All defendants should have the chance to review all the evidence against them before they are asked to plead guilty to any charge.
Admission into a diversion or specialty court program should never be contingent on a defendant pleading guilty before they have a full and fair opportunity to review all of the evidence against them.
All defendants should be able to litigate all constitutional, evidentiary, and procedural issues before entering into a plea agreement. Plea agreements should never be altered, revoked or refused because a defendant challenges the constitutionality of evidence produced by the state.
Judges should be restored to their role as fair and neutral arbiters.
Mandatory minimum sentencing places almost all sentencing power in the hands of the prosecutor, who is an advocate and not an unbiased party. Mandatory minimums should be abolished. They are used as leverage to extract guilty pleas from defendants, and they create a tremendous, unconstitutional power imbalance between the defense and the prosecution.
Judges should have input in the plea bargaining process; it should not be controlled solely by the prosecutor. In our adversarial system one side should not have all of the power to decide what plea is proper, what defendants are offered a plea and when, and when to revoke pleas. These decisions should be more balanced, and not left to the discretion of solely one adversary.
Punishment should always be humane, and not the only goal of the criminal justice system.
The criminal justice system no longer seeks to rehabilitate people convicted of crimes. Prisons and jails are brutal places rife with violence, and do not offer educational or behavioral programs anywhere near sufficient to meet the needs of the people inside. Mass incarceration endangers individuals, families, and society by socially exiling system-involved people, which increases recidivism.
Incarceration should not be the only sanction for breaking the law. All jurisdictions should create institutions designed to rehabilitate people, correct criminal behavior, and lessen recidivism.
Currently the justice system disempowers victims by making their advocates employees of prosecution agencies. This often subjects victims to the control of the prosecution, and allows for the manipulation of victims rights by prosecutors. Crime victims possess constitutional and legal rights entirely separate from the prosecution, and the two groups do not always share common goals or interests. Therefore, victims and their advocates should never be employees of prosecution agencies or otherwise subordinated to the strategic objectives of prosecutors.
The criminal justice system should implement principles of restorative justice. Victims and defendants should have their questions answered, and should have the opportunity to see the effect of their actions on the other party. More interactions and conversations between defendants and victims will help make victims whole, and will help reduce recidivism. Every person involved in the criminal justice system should be able to appreciate that justice was done in every case.
Prison sentences should be proportional to the seriousness of the crime committed.
No person should held in jail before trial unless the state proves by clear and convincing evidence they will be a threat to the community if they are released. Cash bail ensures poor people are punished for crimes they have not been convicted of, while rich people go free. Bail violates equal protection and due process of law, and should be abolished.
Sex offenders' failure to maintain up-to-date contact information should be treated as an administrative matter, and offenders who do not register when ordered to do so should be held in civil contempt of court. Sex registration should not be for life, but should always include periodic review hearings and psycho-sexual evaluations to determine if an offender continues to pose a risk for re-offending.
Profiting off the warehousing of human beings is modern-day slavery; therefore, private jails and prisons should be abolished. For-profit corporations should also be barred from operating pre-trial release programs, probation and parole programs, psychological treatment programs, and rehabilitation and substance abuse programs.
Solitary confinement, natural life sentences, and the death penalty should be abolished. They are inhumane and incompatible with the values of a free, fair, and democratic society.
Every jurisdiction should have a robust, independent parole board that takes into account verified scientific studies on criminogenic behavior and recidivism, including findings that people age out of criminal behavior in their 30's.
Juvenile criminal justice systems should be abolished and replaced with juvenile rehabilitation systems. Detaining and imprisoning children, and saddling them with felony and misdemeanor convictions exacerbates anti-social behavior and increases the chances children will commit crimes as adults.
The school-to-prison pipeline should be closed by not expelling children from school, or charging minor disciplinary and drug infractions as crimes. Whenever a child violates a criminal law their rehabilitation plan should take into account their developmental age, not just their chronological age.
Punishment should end after a person's sentence is complete. No one should be released from prison yet continue to suffer collateral consequences of their conviction for the rest of their life.
Because Arizona does not expunge criminal convictions, no matter how minor or old, a person convicted of a felony is a felon for life. This makes it exponentially more difficult for people to find a job, a place to live, and obtain a loan for a home, business or school. This increases the chances people will commit new crimes due to their inability to lawfully support themselves and pursue pro-social goals.
Arizona should implement a comprehensive expungement law prioritizing expunging and sealing convictions for non-violent and victimless offenses.
All barriers to rehabilitation should be abolished. People should automatically regain all of their civil rights immediately after they have completed their sentence.
A person's inability to pay fines and fees should never increase the amount of time they spend on probation or parole, nor should it prevent felonies from being designated misdemeanors. Doing otherwise punishes people for being poor, which violates equal protection and due process of law.
Drug use should be treated as a behavioral health issue, not a criminal violation.
The 100+ year old "war on drugs" is a complete failure, because punishment cannot ameliorate the behavioral and psychological origins of substance dependency.
Pre-trial detention and prison sentences for possession of drugs and drug paraphernalia should be abolished, and treatment and rehabilitation programs created in their place.
Scientific evidence should only be considered if it is reliable, and supported by a consensus of the scientific community.
Coerced confessions, unreliable eyewitness identification, and a host of bad forensic science are routinely allowed into evidence in criminal trials. This leads to wrongful convictions and innocent people spending decades behind bars for crimes they did not commit.
Each jurisdiction should create an independent panel of qualified scientists, responsible for determining what should and should not be allowed as scientific evidence in criminal proceedings. That decision should be based on verified and replicated scientific studies which have been accepted by a consensus of the scientific community. Only scientific evidence validated by these independent panels should then be considered by courts for admission into evidence at trial, pursuant to the Daubert standards.
As recommended by the 2009 National Institute of Justice report, crime laboratories should be run independently from law enforcement agencies. Crime scene technicians and analysts should not be advocates or law enforcement employees, but entirely neutral third parties.
En Proceso De Construcción
En las Oficinas de Ley del Defensor Público Condado Pima, estamos comprometidos a la meta de asegurar igualdad en justicia por medio de la calidad en representación legal. Nosotros ocupamos un grupo de funcionarios públicos para alcanzar este fin: abogados, asistentes legales, ayudantes de abogados, investigadores, personal de oficinas, e internados especializados. Nuestro equipo de abogados profesionales procuran mantener las protecciónes constitucionales que la ley otorga a los acusados de crímenes, y nosotros nos dedicamos a la búsqueda de libertad y justicia para todos.
Declaración de Misión
De proporcionar sumamente diestra y vigorosa representación de los indígentes acusados de crímines en el Condad Pima, defendiendo inalcanzabemente y buscando expendir los derechos constitucionales garantizados por la Constitución de los Estados Unidos y la Constitución del Estado de Arizona, sin tomar en cuenta los reursos o antecedentes de los acusados.
La oficina del Defensor Público del Condado Pima fue establecida en 1970 y empezó con un puñado de abogados y personal de oficina. La oficina de hoy emplea 80 abogados, 120 personal de apoyo como investigadores, trabajadores social, ayudantes de abogados, y personal de oficinas legales. Mas de la mitad de abogados llevan mas de diez años de experiencia especializando en la defensa criminal. Las Oficinas Legales del Defensor Público se encarga de casos que se extienden en seriedad desde cargos menores como crímines daniños o crímines de intrusión sin autorización hasta casos de homicidio capital en donde el estado estará en busca de la pena de muerte.
El Rol del Defensor Público
La oficina del Defensor Público representa individuos indígentes asignados por medio de la Corte en casos de felonía, ciertos casos de cargos menores, asuntos en delincuencia juvenil, apelaciónes y audiencias de extradición bajo la jurisdicción de cualquier corte como la Corte Superior del Condado Pima, Corte de Justicia, Corte Juvenil, o la Corte de Apelaciónes Arizona.
Ofensas Criminales que ocurren dentro de los limites del Condado Pima también pueden ser asignados a las oficinas del Defensor Legal del Condado Pima o a un abogado privado asignado por la corte. Fechorías de naturaleza menor que ocurran dentro los limites de la Ciudad de Tucson están a cargo del Defensor Público de la Ciudad de Tucson, con la excepción de esos cargos menores que están directamente involucrados con ofensas de felonía.
~ For the will of the majority to be rightful, it must be reasonable; that the minority posess their equal rights, which equal law must protect, and to violate would be oppression. ~ Thomas Jefferson
The Client's Responsibility
This is the most important information that you will need to successfully manage your case:
KEEP IN CONTACT WITH YOUR ATTORNEY AT ALL TIMES
Our office is open Monday through Friday from 8:00 a.m. to 5:00 p.m., except on holidays; our phone number is 724-6800. Our clients can leave messages in the evenings and on weekends.
If a client’s attorney is unavailable, the attorney’s support staff may be able to give the client the information he or she needs. The client should always ask the staff if the lawyer is not in.
If a client is at the Pima County jail, he or she may call our offices using the direct line at the jail. Most attorneys are in court from 8:30 to 10:00 a.m., and many go to the jail in the afternoon. Clients released from the jail should contact their lawyer soon as possible. If a lawyer calls a client, the client should make sure to return the call. All appointments made with the lawyer should be kept, and the client should be prepared and on time.
BE INVOLVED IN THE CASE .
Clients can do a lot to help their lawyer prepare their defense. If a lawyer sends a client documents (such as police reports or a grand jury transcript), the client should review them closely, and make notes of any questions to ask, or comments to make to the lawyer.
All documents received from the lawyer should be marked “ATTORNEY/CLIENT WORK PRODUCT – PRIVILEGED” The client should not show these documents to anyone else, particularly at the Pima County jail. Jailhouse “snitches” are common; they may use these documents to learn about a person’s case, and then make up lies about the person’s “confession.”
A client can also help a lawyer to locate witnesses that could be helpful to his or her case. Our office has professional investigators who will actually locate and contact the necessary witnesses. These investigators should always be cooperated with fully.
DO NOT MAKE YOUR SITUATION WORSE.
A client should not talk to anyone–-including friends or relatives—about the facts of the case. Persons that a client talks to could later become witnesses against the person, EVEN IF THEY DO NOT WANT TO. Statements made to those persons can then be used AGAINST the client who made them.
OUR CLIENTS MUST AVOID GETTING ARRESTED FOR A NEW CRIME. In particular, our clients should be careful about the people they choose to associate with because “hanging out” with the wrong people can still result in the client getting into trouble.
OUR CLIENTS SHOULD NOT DRINK OR USE DRUGS. If a client has a problem with drugs or alcohol, he or she should tell his lawyer and ask for help. A client’s lawyer can refer him of her to treatment facilities in the community, and a person who admits they have a problem and then takes steps to correct it is looked upon favorably by the Court.
CLIENTS MUST OBEY ALL PRETRIAL RELEASE CONDITIONS. A person involved with Pretrial Services must not leave the State without permission, and should contact Pretrial Services on a regular basis.
A CLIENT MUST NEVER CONTACT THE VICTIM IN THE CASE OR GO BACK TO THE “SCENE OF THE CRIME” UNLESS THEY HAVE PERMISSION FROM THEIR LAWYER AND THE COURT!
MAKE A GOOD IMPRESSION.
Persons involved with the criminal justice system will be meeting with or seeing a variety of government officials while their cases are in the system: Pretrial Services, prosecutors, judges, probation officers, and others. Always dress in neat and clean clothes: no jeans, T-shirts, shorts, tank tops or other casual attire.
Our clients should always be respectful. When they are in front of a judge they should always say “Your Honor,” or “Sir,” or “Ma’am.” They must never lie. They should not slouch, wear hats, or chew gum in court. Body jewelry should be kept to a minimum.
If a client has a drinking or a drug problem, the Court may require, or the lawyer might ask the client to attend a counseling program. THE CLIENT SHOULD ALWAYS DO IT! If a client takes steps to improve his life, this can be persuasive evidence to a judge or probation officer.
THE CLIENT SHOULD BE A PARTNER TO HIS LAWYER AND HELP MAKE DECISIONS.
The clients always get to decide:
Whether to go to trial or take a plea agreement
Whether or not to testify
The lawyer is responsible for making strategic decisions:
What motions to file
Whether to object to a question in court
What witnesses to call, and so on . . .
The lawyer will always want to hear a client’s suggestions, and will always offer an opinion about the options a client has. The sentencing laws in Pima County are not favorable to persons accused of crimes, and those charged often face difficult decisions. This can be very stressful. The lawyer’s job is to take some of the pressure of decision-making off the shoulders of the client, but the client still needs to be involved.
THE CLIENT SHOULD NOT TALK TO ANYONE ABOUT THE CASE OTHER THAN HIS OR HER LAWYER, AND THE LAWYER’S PARALEGAL, SECRETARY, OR INVESTIGATOR.
A client should avoid even talking to family or friends about the “crime” because if he or she does, it could make it possible for the State to use those persons as witnesses against the client.
Felony or Misdemeanor?
When the police file a complaint against an individual, the crime charged will be either a “misdemeanor” or a “felony.” A felony is more serious than a misdemeanor, and is potentially punishable by a sentence in the state prison system (and a fine of up to $150,000 plus surcharges).
By contrast, misdemeanors are punishable by no more than six months in the Pima County jail (and a fine of up to $2,500 plus surcharges). Within a few days after the charges are filed, the police meet with the prosecutor (a lawyer for the State of Arizona), who decides whether formal felony charges will be filed.
General Court Procedures from Arrest through Trial and Appeal
Does the Public Defender handle matters other than criminal cases?
By statute, the Public Defender's Office may only handle criminal and juvenile delinquency cases. For civil matters, please contact Southern Arizona Legal Aid at (520) 623-9465 or (800) 234-7252, or Lawyer's Referral Service at (520) 623-4625.
How do I retain the services of a Public Defender?
If a person is determined financially unable to retain a private attorney, the courts will appoint the Pima County Public Defender's Office as the legal representative. This appointment usually happens at the first court appearance which is called an initial appearance.
In the case of a conflict of interest, or where the Public Defender's Office has reached its maximum caseload, the courts may appoint the Pima County Legal Defender's Office or an attorney from the Office of Court Appointed Counsel roster to represent the accused rather than the Pima County Public Defender.
Can we answer "quick" legal questions?
Unless you are a client we cannot give legal advice or answer legal questions. If you plan to proceed with your case without an attorney, the Law Library has the reference material to assist you. There is a Law Library at Pima County Superior Court, 110 W. Congress, 2nd floor, phone number (520) 740-8456.
Can we recommend an attorney?
We cannot recommend an attorney. However, if you would like assistance in obtaining an attorney, the Lawyer's Referral Service provides referral assistance. Call (520) 623-4625.
Why are lawyers made available from the Public Defender’s Office?
Under the United States Constitution we have an adversarial justice system. This means that one lawyer represents the State, another represents the accused. A fair adversarial system requires that the accused and the prosecution have attorneys with equal resources available to them in order to achieve both truth and justice in the courts. Accordingly, under the law as set forth in the United States Constitution, anyone charged with any serious criminal offense in the United States is entitled to have a lawyer representing him whether that person can afford a lawyer or not. A public defender’s sole job is to provide the best defense available to any person he represents that is accused of a serious crime.
What relationship do Public Defenders have with their clients?
Our clients are the first and primary concern of lawyers in our office. The lawyers in the Public Defender’s Office are committed to see that our clients are treated fairly and their rights protected throughout the entirety of the justice process.
How do the lawyers in the Public Defender’s Office stack up against private attorneys?
Because there are over 70 lawyers defending felony and juvenile charges, the lawyers in the Public Defender’s Office have an enormous choice of resources that are not available to sole practitioners or small law firms. These resources include investigators, law clerks and a dedicated office staff. In addition to this pool of resources, public defenders specialize exclusively in the practice of criminal law. Because of the expertise involved in investigating and defending criminal cases, private attorneys frequently charge between $10,000.00 and up to $50,000.00 or more to defend these cases.
Do Public Defenders have enough time to devote to the cases assigned to them?
The Public Defender’s Office is broken up into teams of lawyers. As a result other team members can provide the support of a second lawyer if needed. Trial lawyers consult with their team leaders and other attorneys in the office in seeking strategic assistance in handling their cases. So, while the Public Defender's lawyers have heavy caseloads, the office structure permits trial lawyers to have ongoing help and support in the handling of their caseloads. The office also includes support staff to assist the lawyers in the day to day handling of cases. The attorneys and staff endeavor to provide clients with the best service possible given the resources available.
Are the Prosecutors, Judges, and Public Defenders paid by Pima County and therefore working together?
Although the Public Defender’s Office is funded by county government, the office is an independent agency whose lawyers work for their clients exactly as private lawyers do. Lawyers working in the Public Defender’s Office are bound by the Code of Professional Conduct requiring they provide the same responsibilities to their clients that private lawyers do.
What kind of training do lawyers in the Public Defender’s Office receive?
There is substantial training made available for lawyers in the Public Defender’s Office. The Public Defender’s Office holds regular training sessions each week in order to ensure their lawyers are up-to-date as to existing case law and practice. In addition to regularly scheduled in-house training the lawyers attend annual statewide training courses and have the option of participating in training courses throughout the country in order to improve their trial skills. All lawyers in the Public Defender’s Office undergo continuing legal education required by the State Bar of Arizona. Public Defenders also go through regular office evaluations to ensure that they are maintaining the highest professional standards in the course of their duties.
Are lawyers in the Public Defender’s Office sufficiently qualified to be able to handle serious felony cases?
The Public Defender’s Office always has far more job applicants than available jobs. There is a rigorous selection process that occurs at the hiring level at the Public Defender’s Office to ensure that the only people with the highest qualifications are hired. Once hired, lawyers are then required to go through a training period before being assigned to their trial team. Lawyers then maintain a regular training schedule as prescribed by the office.
What is the difference between a Public Defender, the Legal Defender, and an attorney in the private sector?
The Legal Defender’s Office is similar to the Public Defender’s Office. Legal Defenders however represent people that the Public Defenders are not able to represent because of conflicts of interest or other legal reasons. The Office of Court Appointed Counsel provides a roster of private lawyers available for appointment to represent other indigents that cannot obtain the Public or Legal Defender to represent them. These lawyers work under the Office of Court Appointed Counsel to ensure the availability of additional lawyers when the Legal Defender’s and Public Defender’s caseloads become too great. Any person charged with a crime is at liberty to hire their own private counsel to represent them.
Are Public Defenders available to represent clients outside of the criminal justice system?
Public Defenders by law are restricted to representing persons accused of serious crimes in Pima County through the Public Defender’s Office. By law, Public Defenders are prohibited from defending anybody on any matter other than cases assigned to their office.
I was arrested and/or charged as a Juvenile, but am now over the age of 18. Am I able to have my Juvenile record destroyed?
Most people are eligible to request destruction of juvenile justice/delinquency records when they turn 18, provided that they have successfully completed their assigned consequences and have no currently pending adult matters (including fines) pending in the Pima County Superior Court , Pima County Justice Court, or any City Court located within Pima County.
For more information on this process, please visit our Juvenile Records Destruction page for full details.
The Pima County Public Defender periodically reviews applications for qualified Attorneys, Legal Office Support Specialists (Legal Secretary), Legal Assistants, Social Workers, Interns and Volunteers. All other positions are filled on an as-needed basis.
The Pima County Public Defender’s Office offers the opportunity for Attorneys to:
Practice criminal law or assist in the practice of criminal law in a professional environment with a team of respected and experienced attorneys, using a team approach to the handling of cases.
Participate in year-long training programs for new and inexperienced lawyers.
Develop leadership responsibilities in the training and supervision of other lawyers.
Participate in a program that provides practice mentors and trial assistance.
Focus on ensuring that justice is balanced by protecting the constitutional rights of our clients.
Work in an environment that includes attorneys, paralegals, legal secretaries, criminal investigators, clerical, administrative, and computer support personnel.
Participate in excellent in-house, State, County, and National training opportunities which far exceed the continuing legal education (CLE) requirements as established by the State Bar of Arizona.
Work in a modern office environment across the street from the Pima County Superior Court House.
Utilize computerized research assets such as Westlaw and an office motion bank, as well as the availability of a comprehensive criminal law library.
Work in an exciting and dynamic law office dedicated to assisting those people in our society least able to defend themselves.
Take advantage of an excellent benefits package (Pima County Human Resources).
Interested applicants may obtain for review the official job descriptions for the various positions, Pima County Benefits information, and submit an application at the Pima County Human Resources page. All job applications and resumes must be completed and submitted to the Pima County Human Resources Department. All job openings in Pima County Government are open and competitive unless otherwise noted.
Brief Descriptions of Position Duties and Requirements
Description: Coordinates and conducts professional legal work in and out of the courtroom. An attorney may specialize in one or more areas of law such as juvenile or appellate practice and may supervise assigned personnel.
Training and Experience: Graduation from an accredited school of law, admission to the Arizona State Bar at the time of appointment, and a commitment to work on the behalf of indigent clients.
For a full list of duties/responsibilities as well as other requirements, please see the full job description.
Note: In addition to the Pima County Employment Application, applicants for the Attorney position must also fill out the Supplemental Application for Attorneys.
Salary: Salary depends on experience with a minimum salary of $58,718.
Description: Under general supervision performs work of moderate difficulty performing a variety of legal secretarial or specialized legal/clerical tasks in direct support of a legal function and performs related work as required. For a full list of duties/responsibilities and requirements please see the full job description.
Description: Under general supervision performs legal work of moderate difficulty assisting lawyers in case preparation and performing related work as required. For a full list of duties/responsibilities and requirements please see the full job description.
Criminal Investigator Specialist
Description: Under direction, performs work of unusual difficulty conducting highly complex and specialized investigations and preparing documentation for presentation in court, and performs related work as required. For a full list of duties/responsibilities and requirements please see the full job description.
Salary: $44,720.
The Pima County Public Defender welcomes applications from potential law clerks. Law clerk positions are full-time (40 hours/week) with benefits including healthcare, HSAs, retirement, and paid sick and vacation leave. Law clerks are expected to be recent law graduates who are either (a) awaiting bar results or character and fitness results OR (b) are currently preparing to take the bar. All applicants must demonstrate an interest in remaining at the Pima County Public Defender’s Office after their clerkship as a trial attorney, as our main trial attorney hiring pipeline is from the pool of experienced law clerks.
Individuals interested in becoming a law clerk practitioner with this office should contact Law Clerk and Intern Supervisor Katie Filous at Katie.filous@pima.gov for more information on the program.
38(d) Students
The Pima County Public Defender welcomes law student practitioners each academic semester, pursuant to Rule 38.d of the Arizona Rules of the Supreme Court, in connection with the University of Arizona, Rogers College of Law Criminal Defense Clinic. Law student practitioners gain critical practice experience through direct representation of clients at all phases of criminal cases under the supervision of a licensed attorney. Students learn such skills as effective oral advocacy through regular court appearances, client interviewing and relationship building, motions writing and argumentation, plea bargaining, sentencing preparation and advocacy, witness interviewing, and trial strategy development and implementation. Individuals interested in becoming a law student practitioner with this office should contact Professor Sarah Kostick at sarah.kostick@pima.gov or skostick@email.arizona.edu for more information on the program and how to register through the University of Arizona’s Law School.
Graduate and Undergraduate Interns
The Public Defender provides opportunities for graduate and undergraduate students to participate in unpaid criminal defense internships during the fall and spring semesters and over the summer. Interns assist attorneys and staff in such tasks as reviewing and summarizing records and reports, meeting with clients at the jail, observing court proceedings, and preparing mitigation materials. For more information on criminal defense internships, please contact Law Clerk and Intern Supervisor Katie Filous at katie.filous@pima.gov.
Additional internships are available in the Public Defender dependency unit. For additional information regarding dependency internships, please contact Dependency Unit Team Leader Derek Koltunovich at derek.koltunovich@pima.gov.
33 N. Stone Ave., 21st Flr
8 a.m. - 5 p.m., except on holidays
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This blog provides information, it is not advice. Any opinions are given in good faith and may be subject to change without notice. Opinions and information included within this site do not constitute advice. (If you require personal advice based on your circumstances, please contact me).
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The Budget 2017
For the last Spring Budget Phillip Hammond provided a few surprises from what was, on a the whole, a reasonably low key budget.
There were no pension surprises in the budget. Ordinarily, that would be a good thing, but on this occasion we had hoped for a U-turn on the reduction to the Money Purchase Annual Allowance.
We got what we expected in the form of the reduction to the Money Purchase Annual Allowance, and reform of the tax system for the self-employed has been on the agenda for some time with the Treasury concerned that the self-employed aren’t paying enough tax. The increase to Class 4 National Insurance Contributions for self-employed individuals from April 2018 goes some way to fill that estimated ‘tax gap’.
With advisers and the financial services industry just coming to terms with the impact of the removal of the dividend tax credit and introduction of the dividend tax allowance, it is somewhat concerning that this has again been changed and the amount of dividend income which can be earned tax free will be reduced to £2,000 from April 2018.
Personal allowance
The tax-free personal allowance is being increased to £11,500 in 2017/18.
For higher rate taxpayers, the threshold above which higher earners start paying 40% tax is being increased to £45,000 in 2017/18.
Starting rate band for the starting rate of savings income tax
The Government has confirmed that the limit for the 0% starting rate for savings will remain at its current level of £5,000 for 2017/18.
Deduction of income tax at source from savings income
The Government consulted on the draft legislation, removing the requirement for tax to be deducted at source from:
interest distributions of open-ended investment companies
authorised unit trusts and investment trust companies, and
interest on peer-to-peer loans.
They have now announced that the legislation will be implemented unchanged with effect from 6 April 2017.
From 2018/19 tax year the amount of dividend income that is charged at the nil rate will be reduced to £2,000.
Self Employed – an increase in the rate of Class 4 National Insurance contributions (NICs)
The Government has announced that it will legislate to increase the main rate of Class 4 NICs from 9% to 10% with effect from 6 April 2018 and from 10% to 11% from 6 April 2019. This measure offsets the increased differential between the rates of NI paid by employees and the self-employed, particularly with the abolition of Class 2 NICs from April 2018.
The Money Purchase Annual Allowance (MPAA)
Regulations were introduced from 6 April 2015 to restrict money purchase pension contributions to £10,000 per annum for individuals who have flexibly accessed pension benefits. The Government consulted on reducing the MPAA to £4,000 per annum and has confirmed that this change will be made with effect from 6 April 2017.
The Government will publish its full response to the consultation on 20 March 2017.
State Pension Age
The Government will publish its first statutory review of the State Pension Age by 7 May 2017. This will take into account the independent report on the State Pension Age by John Cridland.
Master Trust Tax Registration
There has been much discussion regarding master trust pension schemes not providing sufficient protection to their members. To ensure greater member protection, the Government will amend the tax registration process for master trust pension schemes to align it with the Pensions Regulator’s new authorisation and supervision regime.
Overseas Pension Schemes
Legislation will be introduced in the Finance Bill 2017 so that:
transfers to QROPS requested on or after 9 March 2017 will be taxed at a rate of 25%, unless at least one of the following apply:
Both the individual and the QROPS are in the same country after the transfer.
The QROPS is in one country in the EEA (an EU Member State, Norway, Iceland or Liechtenstein) and the individual is resident in another EEA country after the transfer.
The QROPS is an occupational pension scheme sponsored by the individual’s employer.
The QROPS is an overseas public service pension scheme as defined at regulation 3(1B) of Statutory Instrument (SI) 2006 No. 206 and the individual is employed by one of the employers participating in the scheme.
The QROPS is a pension scheme established by an international organisation as defined at regulation 2(4) of SI 2006 No. 206 to provide benefits in respect of past service and the individual is employed by that international organisation.
UK tax charges will apply to a tax-free transfer if, within five tax years, an individual becomes resident in another country so that the exemptions would not have applied to the transfer UK tax will be refunded if the individual made a taxable transfer and, within five tax years, one of the exemptions applies to the transfer the scheme administrator of the registered pension scheme, or the scheme manager of the QROPS making the transfer, is jointly and severally liable (with the member) to the tax charge and, where there is a tax charge, they are required to deduct the tax charge and pay it to HM Revenue & Customs (HMRC). This applies to scheme managers of former QROPSs that make transfers out of funds that have had UK tax relief if the scheme is a QROPS on, or after, 14 April 2017 and at the time the transfer to the former QROPS is received payments out of funds transferred to a QROPS on, or after, 6 April 2017 will be subject to UK tax rules for five tax years after the date of transfer, regardless of where the individual is resident
It will take some time to understand how these changes work in practice.
These significant changes are in addition to the changes previously announced.
The requirement that at least 70% of a member’s fund must be used to provide an income for life will be removed from the conditions that a pension scheme has to meet to be an ‘overseas pension scheme’ or a ‘recognised overseas pension scheme’, thereby enabling such a scheme to provide flexi-access drawdown.
To limit abuse, rules are in place that a tax charge may apply to individuals who have been resident outside the UK for less than 5 years. This period is to be extended to 10 years.
Where a foreign pension or lump sum is paid to a UK resident, 100% of the pension arising will be chargeable to UK tax (to the same extent as if they had been paid from a registered pension scheme).
There is a very niche group of overseas individuals who may have pension benefits under Section 615 of ICTA 1988. No new schemes can be accepted from 6 April 2017, and no further contributions can be made to existing schemes from that date.
Promoters of tax avoidance schemes (POTAS)
The Finance Act 2015 introduced changes to legislation to ensure that promoters of such schemes could not use associated or other new entities to circumvent the intention of the POTAS legislation. The Government clearly believes that the 2015 legislation didn’t go far enough and they are therefore introducing changes to Part 5 and Schedules 34 and 36 Finance Act 2014.
The amendment introduces the term ‘significance influence’ to ensure that promoters of schemes cannot re-organise their business so that they put a person between themselves and the promoting business. The change provides greater clarity and strengthens the Government’s commitment crackdown on tax avoidance schemes.
Disclosure of indirect tax avoidance schemes
The Government will legislate in the Finance Bill 2017 to strengthen the regime for disclosure of Indirect Tax Avoidance. Scheme promoters will primarily be responsible for disclosing schemes to HMRC in respect of indirect taxes.
Strengthening Tax Avoidance sanctions and deterrents
The Government will legislate in the Finance Bill 2017 to introduce a new penalty for individuals or entities who enable the use of tax avoidance arrangements which HMRC later defeats.
Offshore evasion: requirement to correct previous non-compliance
The Government will legislate in the Finance Bill 2017 to apply a new ‘requirement to correct’ for those who have failed to declare UK tax on offshore interests. Tougher sanctions will be applied for those who fail to this so before 1 October 2018.
Trading and property income allowances
The Government will legislate in the Finance Bill 2017 to create two new income tax allowances of £1,000 each for trading and property income. The allowances can be deducted from income instead of actual expenses.
What we already knew
The government already announced a number of changes which would come into effect from the 6 April 2017. Our article provides some detail which includes the changes to the domicile rules.
The information provided in this article is not intended to offer advice.
It is based on interpretation of the relevant law and is correct at the date shown on the title page. While we believe this interpretation to be correct, we cannot guarantee it. We cannot accept any responsibility for any action taken or refrained from being taken as a result of the information contained in this article.
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Categories Financial Planning, Investing & Investment Reviews, Investment IFA, Tax Planning, Wealth Management
Recruiting an experienced IFA
Waverley Court Consulting are a specialist IFA Practice in Cardiff, who solely provide investments, pensions and tax planning advice. We are developing the practice and our next planned placement is for a senior adviser to join our happy team.
Are you an ethical and experienced adviser in the area, most likely in your 50s, possibly struggling under the compliance obligations, looking for help to ensure you provide your agreed client service proposition? You may have started to plan or are considering your options as per – an exit strategy – looking to find a safe long-term home for your clients? Looking for the peace of mind they will receive the care and on-going service you had always wished for them.
This is our story, we offer a robust and bespoke client experience with on-going advice, support, service and care as core to our proposition. We are looking for someone with the same values.
Since the late 1990’s we have grown a successful record of working with medium to high net worth individuals, all have joined our service through word of mouth and recommendations. We are looking for support in developing a financial advice team to provide on-going advice to both existing and future clients, and to help us develop the next phase for Waverley Court.
If you are looking for an opportunity to join and potentially, in the fullness of time, partially and/or fully retire and want a home for your clients but still maintain that relationship you have built up over may years and still benefit from any renewals and ongoing fees then talk to Darren Nathan to discuss how we may be able to help you. Telephone now on 029 2020 1240 or email : abillingham@waverleycc.co.uk
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About WFDF
Disc Sport Committees
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Mini Disc Golf and Overall Events
In About WFDF, Approved Discs and Targets, Overall, Sports by WFDF October 24, 2018
Only minis made entirely of plastic material are to be used. For example, wood, metal, epoxy and minis made with other materials are not approved.
To be used in competition, all mini discs must be 4.5 inches (11.43 cm) or less in diameter.
Mini competition uses all WFDF approved rules except for these variations in the disc size.
Mini disc golf uses the approved disc golf rules except for a few necessary variations in play and targets, which are listed at the Mini Disc Golf Federation (MDGF) site: http://minidiscgolf.com.
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Legal seat: World Flying Disc Federation, 5825 Delmonico Drive, Suite 350, Colorado Springs, CO 80919 USA
Administrative Office: Enggasse 2a, D - 55296, Harxheim, Germany
The World Flying Disc Federation (“WFDF”) is the international sports federation responsible for world governance of flying disc (frisbee) sports, including Ultimate, Beach Ultimate, Disc Golf, Freestyle, Guts, and Individual Events. WFDF is a federation of 93 member associations, which represent flying disc sports and their athletes in more than 91 countries. WFDF is an International Federation recognised by the International Olympic Committee (IOC) and by the International Paralympic Committee (IPC), and the International University Sports Federation (FISU), a member of the Global Association of International Sports Federations (GAISF), the Association of IOC Recognised International Sports Federations (ARISF), the International World Games Association (IWGA), the International Masters Games Association (IMGA), and the Association for the International Sport for All (TAFISA). WFDF is a signatory to the World Anti-Doping Code, and is a registered not-for-profit 501(c)(3) corporation in the state of Colorado, USA.
Legal seat is: World Flying Disc Federation, 5825 Delmonico Drive, Suite 350, Colorado Springs, CO 80919 USA Administrative Office: Enggasse 2a, D - 55296, Harxheim, German The World Flying Disc Federation is the international sports federation responsible for world governance of Flying Disc (frisbee) sports, including Ultimate, Beach Ultimate, Disc Golf, Freestyle, Guts, and Individual Events. WFDF is a federation of member associations, which represent flying disc sports and their athletes in more than 85 countries. WFDF is an international federation recognized by the International Olympic Committee (IOC), the International Paralympic Committee (IPC), a member of ARISF, GAISF and the International World Games Association, and a registered not-for-profit 501(c)(3) corporation in the state of Colorado, USA
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wikibiouk.com
Who Is Gary Eisen? Wiki, Biography, Age, Family, Career, Married, Wife, Children, Removed From Committees, Instagram, Net Worth
Celebrity, Trending News By Ella Avery On December 14, 2020
Gary Eisen Wiki – Biography
Gary Eisen is a Republican member of the Michigan House of Representatives. Eisen unsuccessfully ran as an independent in the 2010 Michigan House of Representatives election for the 81st district. He also ran for the 81st district in 2012, but was defeated in the Republican primary by Dan Lauwers.
Gary Eisen, a Republican member of the Michigan House of Representatives, was removed from committees after a radio interview about the Electoral College vote. During the interview he said he couldn’t guarantee violence wouldn’t happen because plans for the vote were “uncharted.”
He also teaches American Warrior Martial Arts classes and is a member of St. Peter’s Church, where he serves on the Church Council.
His bio notes that he also owns Michigan Personal Protection Training and is an instructor for the National Rifle Association.
During the interview, Eisen said that Republicans might try a “Hail Mary” this afternoon during Michgan’s electoral college vote when Democratic electors convened to vote for President-elect Joe Biden, The Detroit News reported. He didn’t elaborate on what would happen during the Hail Mary.
“I’m on a football team. We have one more play. Am I just going to give up or am I going to do that Hail Mary?” Eisen said. He also commented that it likely wouldn’t change the outcome of the election.
Eisen said the Hail Mary would be historic and would be “all over the news later on.”
Paul Miller, the radio host interviewing Eisen, asked him if he could ensure that Lansing would be safe, and Eisen said no.
“I’m concerned about violence today,” Miller said. “…Can you assure me this is going to be a safe day in Lansing? No one’s going to get hurt?”
“Nope. I don’t know. Because what we’re doing today is uncharted. It hasn’t been done.”
And it’s not me doing it. It’s the … Michigan Party. … I’m just your witness. … Well help as far as witness, supporting, being there, and that kind of sense. Showing that I support what they’re doing. … There’s more to it than what I can say right now. But after it’s all said and done and you want to go back and talk about the details of it, I’m more than happy to.”
During the interview, Eisen also commented that the Supreme Court didn’t pick up the Texas case because of standing, but they didn’t rule on substance. He added around the nine-minute mark that if he believed the election was proven to be legitimate, he would support Biden as the President.
If there’s no fraud and nothing comes up in all these oversight committees, nothing is proved, then I’ll say that’s fine. We did what we can, I’ll accept it. And as long as nothing [unintelligible] comes into play, like there was bad software and machines, then fine, I’ll accept it. But at least we tried. At least I fought to the end.
Gary Eisen Age
Gary Eisen’s age is unknown.
Read Also: Who Was Kathryn McGuire(Found Dead)? Wiki, Biography, Age, Missing, Searching, Found Dead, Cause of Death, Investigation, Instagram, Net Worth
Married To His Wife
Eisen had originally run for the Michigan House of Representatives in 2010 as an independent, but he lost that election. He also lost in 2012 when he ran in the Republican primary. He won in 2018 and again in the 2020 election.
According to his bio, he’s married to Annie Eisen and living in St. Clair Township. He owns Eisen Inc., a small business that provides repair services and welding, and he’s national sports chair for AAU USA Target Shooting. According to his bio, he has a degree in Welding Technology from Minnesota State College.
Removed From Committees
Eisen was removed from his committees by the Michigan House of Representatives based on the contents of his interview. Speaker of the House Lee Chatfield and Speaker-elect Jason Wentworth released a joint statement:
“We have been consistent in our position on issues of violence and intimidation in politics — it is never appropriate and never acceptable. That is true of threats or suggestions of violence against Gov. Whitmer, Secretary Benson, Rep. Johnson and others on the Oversight committee, Republicans, Democrats, and members of the Electoral College. That applies to threats made toward public officials, and it must also apply when the public officials open the door to violent behavior and refuse to condemn it. We must do better.
We as elected officials must be clear that violence has no place in our democratic process. We must be held to a higher standard. Because of that, Rep. Eisen has been removed from his committee assignments for the rest of the term.”
The Republican leaders in Michigan have said that even if they don’t like the outcome, they’re committed to letting the electors vote as planned.
Michigan's GOP leaders each issue statements saying they're committed to the state's Dem electors doing their job today.
From Speaker Chatfield: "I know this isn’t the outcome some want. It isn’t what I want, either. But we have a republic if we can keep it. And I intend to.”
— Riley Beggin (@rbeggin) December 14, 2020
According to his bio, he was on the following committees:
Vice chair of the House Transportation & Infrastructure Committee
Member of the Agriculture committee
Member of the Local Government & Municipal Finance committee
Member of the Natural Resource & Outdoor Recreation committee
Eisen was among a number of Michigan state lawmakers who had signed a legal brief last Thursday in support of the Texas lawsuit that the Supreme Court rejected on Friday, The Detroit News reported. You can read the statement about joining the suit here.
In June, Eisen voted for a resolution opposing defunding local police. He said: “Police officers play a vital role in our communities. They look out for the wellbeing of our families, answer the call to serve whenever we have an emergency, and deter criminals. Failing to provide proper funding for law enforcement would be a dangerous mistake.”
He added: “We can’t forget that the overwhelming majority of our local officers are trustworthy and reputable people who put on their uniforms each and every day because they’re committed to protecting our communities and helping our families, friends and neighbors. Many police departments are barely scraping by with the funding they have now. Reducing their funding would likely end up hurting many of the people who need protection most.”
In April, he approved a measure to extend Michigan’s state of emergency as related to the pandemic.
© 2021 wikibiouk.com
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Jaguars fire NFL head coach Bradley
By RAW
Jacksonville have fired NFL head coach Gus Bradley in the aftermath of their 21-20 road loss to Houston.
Bradley, 50, finished 14-48 in three-plus seasons with the Jaguars (2-12), who on Sunday dropped their ninth consecutive game.
He spent four seasons as defensive coordinator with the Seattle Seahawks (2009-12) and began his NFL coaching career as a defensive quality control assistant with the Tampa Bay Buccaneers in 2006. Bradley worked for two seasons as Buccaneers linebackers coach.
"I thanked Gus Bradley today for his commitment to the Jacksonville Jaguars over the past four seasons," Jaguars owner Shad Khan said.
"As anyone close to our team knows, Gus gave his staff and players literally everything he had. Our players competed for Gus and I know they have great respect for him, as do I.
The only coach with a worse winning percentage with at least 50 games coached in NFL history is Bert Bell, who was 10-46-2 with the Philadelphia Eagles and Pittsburgh Steelers from 1936 to 1941.
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Young fan steals the hearts of ice hockey fans
Brutal blow exposes glass jaw
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A (clean) helping hand
By Theresa Davis / Journal Staff Writer
Published: Tuesday, March 31st, 2020 at 5:20pm
Updated: Tuesday, March 31st, 2020 at 10:07pm
International District resident Michael Chau uses the newly-installed hand-washing station on Charleston SE near Zuni. The stations are being installed by East Central Ministries in an effort to combat the spread of the novel coronavirus. (Adolphe Pierre-Louis/Albuquerque Journal)
ALBUQUERQUE, N.M. — Washing hands is important to prevent the spread of coronavirus and other infectious diseases. For people experiencing homelessness, and anyone else without access to clean water and soap, it may also be a luxury.
To address this issue, East Central Ministries and local volunteers built a hand-washing station on Charleston SE between Zuni and Central.
“Our projects come out of the needs in the community,” said John Bulten, director of East Central Ministries. “Our unhoused neighbors don’t have access to hand-washing, especially as many public buildings have closed.”
At least one homeless person in Albuquerque has tested positive for COVID-19.
The group used a donated tank originally designated for catching rainwater. The installation – leveling the ground, scrubbing the tank, filling it with clean water, and adding soap and a sign – took a few hours.
“This is a good way to help folks who don’t have access to running water,” said Enrique Cardiel, who is on the Bernalillo County Community Health Council and helped install the station. “Public health is underfunded, so these community-based projects become even more important.”
The group has two more tanks and is planning to install another hand-washing station soon at the East Central Ministries office on Vermont NE.
“This virus is tragic, but it’s also exposing much larger issues, like how we have not invested enough in sanitation and safety for our community,” Bulten said. “Everyone can come together with creative solutions.”
Bulten said the hand-washing station is small and simple, but a great example of the community working together to address an immediate problem.
“We’re caring for each other, and I think that’s a lesson to be learned in these times,” he said. “These are our neighbors.”
Theresa Davis is a Report for America corps member covering water and the environment for the Albuquerque Journal.
East Central Ministries installs hand-washing station
East Central Ministries founder and Director John Bulten secures a soap bottle at a new hand-washing station on Vermont NE near Central as an effort to combat the spread of the novel coronavirus. (Adolphe Pierre-Louis/Albuquerque Journal)
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The Dangers Of Pit Bikes
On behalf of Abraham, Watkins, Nichols, Agosto, Aziz & Stogner | Jan 28, 2009 | Firm Case News
The original Pit Bikes were simply small motorcycles with a 4-stroke, 50cc motor used by adult-sized motocross riders to navigate the pits (an off-track area designated for setting up prior to an event). Pit bikes have evolved to look more and more like mini versions of the factory built motorcycles.
The recent trend is to modify the bikes to enhance their performance. Some of the features added on to the bike to make it into a “pit” bike include an extended swing arm, a more robust suspension, and a big bored kit which means a bigger engine. There are several entities across the country that perform these modifications, including here in Texas. Initial research indicates that components used to modify/enhance these bikes are manufactured by Chinese manufacturers.
These entities market their products primarily on the internet and sell component parts to consumers over the internet as well. These parts are shipped directly to the consumer, usually with little or no instructions on installation, testing and maintenance. Furthermore some of the base models that are used in the industry are not equipped with basic safety features such as a push/pull throttle. The lack of this safety feature can cause throttle failure during operation and may result in catastrophic injuries such as paraplegia and wrongful death.
The law firm of Abraham, Watkins, Nichols, Agosto, Aziz & Stogner is currently handling litigation relating to catastrophic injuries resulting for product failures in pit bikes.
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Vegetable and fruit exports to Thailand up by 244.1% in four months
news / By wmw_adm
The nation’s fruit and vegetable exports to Thailand reached US$57.8 million during the opening four months of the year, a staggering annual rise of 244.1%, according to the Import and Export Department under the Ministry of Industry and Trade.
According to the country’s trade office based in Thailand, last year Thai fresh and processed fruit exports grossed approximately US$3.6 billion, while the country also imported over 3 billion tonnes of fresh fruit worth over US$1 billion and 850 million tonnes of vegetables worth US$600 million from other countries.At present, Thailand is only allowing the import of Vietnamese dragon fruit, mango, longan, and lychee into its market.
Dang Phuc Nguyen, General Secretary of the Vietnam Fruit and Vegetable Association, said several Thai corporations have increased their respective investment in the country. This represents an advantage as firms strive to boost the export of farm produce to the Thai market.
The Central Group, working in collaboration with the Big C supermarket chain, co-operates with the Ministry of Industry and Trade annually to organise schemes to promote Vietnamese goods into Thailand, said Nguyen, adding that Central Group also imports fruit and vegetables from the nation to be put on sale at Thai supermarkets.
Nguyen noted that the quality of Vietnamese fruit has drastically improved while the export of processed products also contributes to increasing the export turnover of Vietnamese fruits to the Thai market.
Currently, the nation still has a trade deficit with Thailand due to the import of a variety of products, largely farm produce. However, Thailand also represents the country’s largest export market in the ASEAN region.
Most notably, Vietnam has shipped an array of agricultural products, especially fresh fruits and vegetables, to Thailand, with dragon fruit making up the majority of exports. Therefore, experts believe that we should consider Thailand as a trading partner rather than as a competitor.
Vietnamese fruits are now able to meet the various requirements set out by the most demanding of markets including, Thailand, said Paul Le, Vice President of Import-Export Division under the Central Group, noting that the firm is keen to promote the import of Vietnamese fruits and vegetables, especially lychee, into the neighbouring country.
Along with the involvement of the Ministry of Industry and Trade to facilitate the greater penetration of Vietnamese agricultural products into the Thai market, the Vietnam’s trade office based in Thailand has stated that it will continue to promote support activities for Vietnamese enterprises as they strive to make further inroads into the potential market.
Source: https://customsnews.vn/
WAYS TO PRESERVE CRAFT BEER IN CHILLED WAREHOUSE
–Vietnam Chill Warehouse from 0 – 6 °C – Storing Vegetable, Fruit, Nuts, Craft Beer–
Pangasius exports to US increase
HCM City seeks ways to increase exports
Textile firms survive on weekly export orders
Freight Mark Vietnam Co., Ltd
Floor 4, 151-153 Nguyen Dinh Chieu, Ward 6, Dist 3, HCM City
Freight Mark Sdn Bhd
Lot 1, Jalan Sungai Kayu Ara 32/37, Berjaya Industrial Park, 40460 Shah Alam, Selangor, Malaysia
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Farm groups request rural resources for COVID-19
By Dave Kranz
A coalition of more than 160 agricultural organizations from across the nation has asked the White House Coronavirus Task Force to take additional measures to promote the health and safety of farm employees and rural communities.
In a letter addressed to Vice President Mike Pence, who chairs the task force, the farm groups stressed that the nation's food security "depends on a safe working environment for frontline agricultural employees." The organizations said farmers have done their best to assure safety by instituting best practices including social distancing, enhanced hygiene and sanitation procedures, employee training and use of personal protective equipment.
But given a "broad strain" on availability of such personal protective equipment, testing and other resources, the groups said, the White House Task Force could help by:
Permitting use of alternate housing, such as FEMA trailers or RVs, to allow greater social distancing for employees who may need to quarantine or isolate due to exposure to COVID-19.
Ensuring COVID-19 testing resources are available to agricultural employers and employees, and that test results are made available promptly.
Increasing availability of Commodity Credit Corporation funds to help farmers offset the cost of pandemic-related expenses such as housing, transportation, workplace retrofitting, testing, training and others.
Prioritizing distribution of personal protective equipment and any future vaccine to the food and fiber supply chain, due to the essential role of agriculture in assuring health for people in the U.S.
Coordinating efforts among government agencies and community organizations to reduce the risk of exposure outside of occupational settings in rural communities.
The letter said that across many of these recommendations, expanding the pandemic response beyond the farm gate and into farming communities will be critical to ensuring the well-being of employees, their families and their neighbors.
The letter was organized by the Agricultural Workforce Coalition and signed by 167 organizations including the American Farm Bureau Federation; California Farm Bureau Federation and 20 other state Farm Bureaus; 14 county Farm Bureaus from California; and 18 additional California-based commodity groups and cooperatives.
"The availability of personal protective equipment for farm employees has been a top priority for Farm Bureau throughout the pandemic—even more so due to wildfires that have reduced air quality throughout the West," CFBF President Jamie Johansson said. "We hope Vice President Pence, Agriculture Secretary Perdue and other members of the White House task force will give this request their immediate attention."
(Dave Kranz is editor of Ag Alert. He may be contacted at [email protected].)
Permission for use is granted, however, credit must be made to the California Farm Bureau Federation when reprinting this item.
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All Press Releases for March 18, 2015
7th Annual Boating and Beach Bash for People with Disabilities Rolls out Plans for Recreational Activities Based on Abilities not Disabilities
Nation's largest free event for those with physical and/or intellectual challenges to offer vast array of physical participation for special needs guests attending March 21, 2015 in Boca Raton, FL
BOCA RATON, FL, March 18, 2015 /24-7PressRelease/ -- South Florida's annual celebration of diversity, the Boca Raton based Boating & Beach Bash for People with Disabilities (http://boatingbeachbash.com), announced today that it has teamed with the physical therapy professionals from Pinecrest Rehabilitation Hospital at the Delray Medical Center, to offer attendees at this year's Bash a variety of exciting physical challenges and learning opportunities.
"We plan to equip guests at this year's event with challenging, fun exercises they can take back home and use in their daily lives," says Tiffany Charlson, Recreational Therapist at Pinecrest. "We're focusing on abilities not disabilities," she adds, "so that everyone will leave the Bash at the end of the day feeling they've learned something useful they can incorporate into their daily lives."
Offerings at this year's event, which is Saturday, March 21 from 10 a.m. to 3 p.m., at Spanish River Park, located at 3001 N Ocean Blvd. in Boca Raton, include:
-- Beach volleyball.
-- Surfboard demonstrations.
-- Wheelchair yoga.
-- Laughing yoga.
-- Kayaking demonstrations.
-- Obstacle courses.
-- Football toss.
-- Hoola hoops.
-- Dancing.
-- Kite flying.
Now in its seventh year, the Bash has grown to become the largest, free fun day in the nation for individuals with physical and/or intellectual challenges. Started in 2009, Bash attendance now hovers around 5,000 guests from all across South Florida. They are assisted by 500 volunteers from every sector of the community, including colleges, high schools, churches, synagogues, civic clubs and local industry. In addition to the sporting aspects of the event, guests receive free park admission, boat rides aboard dozens of private yachts, a BBQ lunch, nonstop concert, arts and crafts lessons, and so much more.
"We're very excited that this year we'll have America's favorite celebrity pig with us, Chris P. Bacon, along with more than a dozen action heroes like Captain America, Superman and Batman, plus dozens of therapy ponies and pups for our guests to enjoy," says Bash director Jay Van Vechten.
There will also be professional kite flyers, a display of motorcycles, a special visit from Ronald McDonald and at the heart of the event, a body, mind and spirit meditation center, where among other things, attendees can have fun trying laughing yoga, or even wheelchair yoga.
"We have something for everyone," adds Van Vechten, who notes, "The day also celebrates caregivers and the family members who offer daily support to our special needs guests. These are the unsung heroes that we'll embrace on the 21st."
The Bash is made possible by private donations and support from throughout the South Florida area, but particularly from the members of Royal Palm Yacht & Country Club in Boca, which have provided boats, golf carts, food service support and more for Bash organizers since the first year of the event.
"What makes the Bash so special," says Van Vechten, "is that it is grassroots through and through. We're not funded by the city, the county or the state, with every penny we receive coming from friends and neighbors."
The Boating and Beach Bash for People with Disabilities is run by the American Disabilities Foundation, a 501(c)3 charity. There are no salaries and no overhead, because everyone involved works from their home, meeting up as needed to keep each other updated.
About Boating and Beach Bash for People with Disabilities
Originally founded in 2008 by members of the City of Boca Raton Advisory Board for People with Disabilities the Boating and Beach Bash for People with Disabilities was created as a unique, fun way to salute people with disabilities and their caregivers by celebrating diversity in South Florida. In 2012 the Bash was no longer a City sponsored event, and for the first time stood on its own. Held every March, the event is now completely organized and run by community volunteers and is funded through private donations and sponsorship. For more information, visit http://boatingbeachbash.com/, or like Boating and Beach Bash on Facebook (http://www.facebook.com/BoatingBeachBash).
For more information or to make a donation to the Boating and Beach Bash for People with Disabilities go to http://boatingbeachbash.com. Follow the event on Facebook https://www.facebook.com/boatingbeachbash. To volunteer or sponsor the event, contact Jay Van Vechten at (561) 715-2622 or at jay@boatingbeachbash.com. Or at PO Box 99, Boca Raton, FL 33429
Aimee Luongo
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Chhatrapati Shivaji Terminus
C B Arun Kumar
Chhatrapati Shivaji Terminus, Mumbai Formerly known as The Victoria Terminus, this remarkable building, completed in 1888, the Victoria Terminus was named after the then Queen Empress on Jubilee Day, 1887. It was renamed Chhatrapati Sivaji Terminus on March 4, 1996. This building was put on the UNESCO World Heritage List on July 2, 2004. It is the first functional administrative building to be put on this list. At the left hand side of the terminus we see the office of the Commissioner, BMC.
Copyright: C B Arun Kumar
Tags: transit; landmark
Andrew Bodrov
Carrier Rocket Proton-M on the launch pad
Armin Leuprecht
Quiver tree forest
Hoylen Sue
Brisbane Botanic Gardens: Japanese Garden
Ansiivan Ansiivan
bibouroku tabito
Autumnal colors of "Momijiyama-garden" in Sumpujo Park(Sumpu Castle Park). Shizuoka-City
More About Mumbai
The World : Asia : India : Mumbai
Overview and HistoryMumbai is the world's fourth largest urban area; it was called Bombay up until 1996. It is the world's single most populated city by definition of proper city limits!The name Mumbai comes from the Hindu goddess Mumbadevi. Mumbadevi is one incarnation (Mumba) of the Mother Goddess "Devi". Mumba was the patron of salt collectors and fishermen, who were the original inhabitants of the seven islands making up the city of Mumbai.For the record, the word Bombay comes from the Portuguese name of this city, which originally was "bom bahia" or "good bay". Portugal conquered Bombay in 1508 AD, winning it from the Arab Sultanate of Gujerat. The Arabs had been calling it "Al Omanis." Portugal eventually gave away Bombay to Britain as a dowry in the marriage of a Portuguese princess, but that's all recent stuff.Back in the beginning, the seven islands of Mumbai formed part of the kingdom of Ashoka, the famous Emperor of India from the time of 300 BC. Ashoka is among the world's greatest Emperors -- he basically ruled the entire Indian subcontinent. After successful military conquest of lands stretching from Pakistan to Bangladesh and everywhere south of them, he embraced Buddhism and devoted himself to spreading it through the practices of peace, tolerance and truth. His name means "without sorrow," which could be a reference to the avoidance of inevitable suffering by following the noble eight-fold path of the Buddha.After the death of Emperor Ashoka the islands of modern-day Mumbai passed through the control of many Hindu rulers, a period lasting until 1343 AD. In that year, Mohammedans from Gujerat took control and held power for about two centuries. Finally the Portuguese arrived and linked what was then Bombay into the British Empire, which brings us almost to modern history.English King Charles II took Bombay by arrangement in his marriage to Princess Catherine of Braganza in 1622 AD. Almost immediately the English East India company came to manage the islands with a lease that cost only 10 pounds per year! Admittedly this was worth a lot more in the seventeenth century than it is today, but it was still dirt-cheap in terms of real estate. The price shows how little value the British Empire placed on this location.To their amazement and delight, the deep-water seaport of these seven islands exploded in commercial traffic and made a fortune, literally, for the East India Company. It was the British who morphed "Bom Bahia" into the name Bombay after the East India Company moved their headquarters there in 1687.Early development of Bombay came as the British attracted Gujerati traders, Iranian ship-builders and Muslim and Hindi manufacturers, protecting them all with the Bombay Castle. The population of Mumbai grew steadily and saw the development of effective laws, roads and railways. The first railroad in India was a twenty one mile stretch of line connecting Bombay to Thana.It wasn't all milk and honey however. As in many other countries around the world, the nineteenth century saw rebellion and revolution. The First War of Independence came in 1857. (The British called the "Sepoy Mutiny".) Its result was to return control of the islands to the British Crown, with accusations of mismanagement against the East India Company. By 1862 Bombay had a new British Governor and construction of the modern city began. Major city landmarks dating from this period of construction still remain in place, such as the Victoria Terminus railway station, the General Post Office and the Municipal Corporation Building.India's independence from British rule came in 1947 after the All India Congress Committee was held in Bombay. It was at this meeting that Mahatma Ghandi issued the "Quit India" call and launched the national movement to peacefully evict Britain. The last British troops left through the "Gateway of India". Following independence, Bombay became the financial hub of India. Their stock exchange was the first in Asia, preceding the one in Tokyo by three years.Cinema arrived in Bombay in 1896 when silent films at the Watson Hotel were unveiled. India's first film of their own production came out in 1913 and by the 1930's, social protest films were hugely influential in promoting awareness of injustice. The prevalence of social themes in popular Indian cinema probably went a long way to make a pre-existing support for the Quit India movement when it arrived after WWII.The first International Film Festival of India was held in 1952 in Bombay and it made a tremendous impact on the world. From there, Indian cinema splashed through uncountable escapist fantasies, action thrillers and romantic musicals. A new wave of cinema broke in the mid-seventies as a response to these wildly fantastic popular films. The new wave movies were more realistic with believable characters and artistic sincerity. In the 1990's cinema began returning to the large-scale musicals of the early film boom.The incredibly high output of Bombay's film studios earned it the title "Bollywood", as it became the second most prolific movie-making city in the world. The new generation of movie-goers are obsessed with popcorn of course, but traditionally the movie snack of choice is the samosa. Samosas are the delicious Indian cousin in the dumpling family, with relatives like ravioli, empanadas, spring rolls and even tacos. Finger-food family of the world, unite!Getting ThereThe Chhatrapati Shivaji International Airport is Mumbai's main airport, it's wont eh "Aeronautical Excellence" and "Best Airport in Public-Private Partnership" awards recently.TransportationWith twenty million people in the city, you can bet that public transportation is Big Business. Look for one of the blue & white COOL CABS when you want a taxi, they're air conditioned and can be hired for a pre-negotiated fee. You can also hop on the bus; now be advised that you enter by the rear doors and exit in the front! Local trains are the best way into and out of the suburbs; they run on the West, Central and Harbour lines. You can get a daily, weekly or monthly bus pass if you're in town shooting a movie or something. Metro lines are currently in the proposal/ construction phase, keep an ear to the ground for more information.People and CulturePeople in Mumbai live the same fast-paced life that you will find in any other teeming metropolis, full of ancient & modern contrasts. Mumbaikars have their own dialect despite diverse ethnic and cultural backgrounds. Wherever you look there will be music, art, dance and food overflowing with colors and smells to welcome you into the party that is life here.Things to do, RecommendationsHere's the Flora Fountain, located in the center of the city. Although it's named after a Greek goddess, originally it was intended to be a monument to the British Governor Sir Baartle Frere. He was responsible for building the causeways which allowed land reclamation and the construction of modern Bombay's layout.This is a shot of the old Regal Cinema building, Bombay's first art deco movie house, dating to 1933. Check out Cafe Mondegar right next door.Be sure to visit the Kala Ghoda area in South Mumbai, it's one of the big arts districts where you can poke around and find all sorts of interesting stuff -- such as the Jehangir Art Gallery.Before you leave town, try to get up high for a good look around. You can try the Rajabhai Tower at the University of Mumbai but we're not sure if they offer tours. Have fun!Text by Steve Smith.
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Israel halts refugee deportation plan, UN to help with resettlement [updated]
By Michael Schaeffer Omer-Man April 2, 2018 | Edit
After major public campaigns inside Israel and abroad, pressure on the Rwandan government not to accept refugees deported by Israel, and ultimately effective legal challenges, Israel announces it will scrap its mass deportation plan and work with the UN to resettle African asylum seekers in Western countries. This is a huge victory but there may be more fight ahead.
[Important update added at the bottom of this article.]
Some 20,000 African asylum seekers and human rights activists protest against the Israeli government’s mass deportation plan in Rabin Square in Tel Aviv on March 24, 2018. (Gili Yaari/Flash90)
The Israeli government announced Monday that it was abandoning its plan to deport tens of thousands of African asylum seekers to Rwanda, following “mutual understandings” it had reached with the UN Refugee Agency. Under the agreement, UNHCR will work to resettle 16,250 African asylum seekers in Western countries and Israel will give legal status to a portion of the remaining African asylum seeker population in Israel.
This is a huge victory, primarily for the thousands of asylum seekers hopefully headed to countries that, unlike Israel and Rwanda, are willing to accept them. For those refugees who will finally get to stop living in fear of deportation, indefinite imprisonment, increasingly hostile laws targeting them and their livelihoods, and the insecurity of living without any legal status, this is among the better foreseeable outcomes.
It is also fairly clear that the massive anti-deportation movement played a pivotal role in pushing the Israeli government to agree to grant status to at least some of those African asylum seekers who are not resettled by the UN. Paradoxically, it was likely the deportation plan itself that motivated the UN to make its part of the deal happen.
The combination of anti-deportation rallies across Israel and around the world, activists and journalists (+972 Magazine included) working to expose how Rwanda and Uganda refuse to actually absorb the refugees Israel deports there, public and international pressure on the Rwandan government, strategic lawsuits challenging the deportation plan itself, and the right timing, all played a role in stopping the mass deportations.
Speaking through tears Monday afternoon, Michael, a 25-years-old Eritrean asylum seeker, described the news as a huge victory. “It’s all because of our struggle. God and the nation of Israel helped us — first they stopped the deportation, but now they are going to get us status, and that is really great.”
“They wanted to send us to Uganda and Rwanda,” he said, getting cut off between sentences as passersby on the street stopped to congratulate him. “That would have been a disaster. But the people of Israel fought for our rights and in the end we won. I simply have no words.”
“This is an example of how men and women on the ground succeeded in finding legal cracks and created change in public perception,” said Sigal Avivi, a prominent refugee activist. “If we had just remained silent — the deportation would have happened and people would have been sent to find refugee again, at great risk to their lives — which has already claimed many lives.”
Now for the cautions.
At the time of publication, the UN Refugee Agency had not confirmed the “mutual understandings” or the details of what they entail, and the Israeli government has been known to embellish and possibly even fabricate agreements it has supposedly reached with foreign powers regarding the deportation and resettlement of African asylum seekers.
The UN Refugee Agency does not actually have the authority to resettle asylum seekers in third-countries. While many countries have agreements with the UN to take in refugees at the UN’s recommendation, any resettlement ultimately needs the approval of the new host country. According to the press release put out by the Israeli Prime Minister’s Office, the UN “will work” to resettle the asylum seekers — but there are no guarantees. In this era of anti-immigration nationalist political movements, and as Western countries are already overwhelmed by refugees from Syria and elsewhere, any celebration needs to be cautious. (Update: Netanyahu said in a press conference that some of the countries are likely to be Canada, Germany, and Italy.)
From what we know of the agreement, Israel only committed to give legal status to “parts” of the remaining African asylum seeker population. It is unclear how many will receive status, and what legal protections that status will give them. Furthermore, judging from what senior Israeli Population Authorities have said in recent days, we know that Israeli authorities want single, working-age asylum seeker men to be resettled in exchange for giving legal status in Israel to women and children. Those women and children are often times supported by extended family and community members; unless Israel grants full social benefits to those left behind, many of whom are economically dependent on the men slated for resettlement, they could be facing serious social and economic crises in the coming months and years. (Update: Netanyahu said in a press conference that Israel will give status to one asylum seeker for each asylum seeker the UN resettles elsewhere, meaning that 16,250 asylum seekers should be getting some sort of residency status in Israel.)
All of that said, the bottom line is that the plan to deport tens of thousands of African asylum seekers to Rwanda, a country that never had any intention of absorbing them, has been called off. The African asylum seeker community in Israel can breathe a huge sigh of relief today. Even if there is a lot more to fight for ahead, the worst outcome seems to have been averted.
Late Monday night, Benjamin Netanyahu announced that due to pressure from his political base —which is angry that he would agree to settle any African asylum seekers in Israel — he is suspending the UN plan. Whether the resettlement plan is ultimately re-instituted or not, Netanyahu’s admission that it is no longer viable to deport asylum seekers to Rwanda remains a fact. And while the fate of tens of thousands of Eritrean and Sudanese asylum seekers is once again in limbo, hopefully they can sleep just a little bit sounder tonight knowing that forcible deportation to Rwanda is off the table.
Oren Ziv contributed reporting to this article.
deportation plan
Michael Schaeffer Omer-Man was the editor-in-chief of +972 Magazine until 2019. He continues to be a contributor of both reporting and analysis. Follow him on Twitter: @MikeOmerMan PGP fingerprint: 5DA5 9871 9681 5CE9 3CA2 2C6E 1FC1 7A89 1DDA 1D24
More About deportation plan
Live blog: Global protests against Israeli plans to deport refugees
Protests are expected outside Rwandan embassies around the world Wednesday as Israel moves forward with its plan to deport tens of thousands of asylum seekers, most of whom fled Eritrea and Sudan. By +972 Magazine Staff [This live blog has ended.] Activists hope Israel’s deportation plan can be stopped if Rwanda pulls out of its…
By +972 Magazine February 7, 2018
Asylum seekers in Israel are scared. I am scared for them
For years, Israel’s right-wing government has fomented hatred against African asylum seekers. Now it plans to deport them, while the world turns a blind eye. By Leah Platkin As a social worker working with African asylum seekers in south Tel Aviv, I have seen my fair share of racism and hostility from Israeli politicians and local…
By +972 Magazine January 9, 2018
Hundreds protest in Tel Aviv against the deportation of asylum seekers
The protest is the first of many planned to resist the government’s plan to deport 40,000 asylum seekers currently living in Israel. More than 200 people gathered at the Abraham Hostel in Tel Aviv on Saturday night for the first of many protests against the planned deportation of asylum seekers. The government recently announced that it intends to…
By Haggai Matar January 7, 2018
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Permalink Reply by Lisa on May 1, 2013 at 6:57pm
Mark do the 1843 and 1850 charts have a "key of explanation" that went with them? I don't recall that!
You must really slow down and read the quotes again because I think you overlooked some serious points and downplayed some very inspired SOP quotes about Uriah Smith's book. You are ridiculing God by downplaying the book He himself endorsed as His helping hand with it's one mistake about Turkey!
Are you calling God a liar?
Permalink Reply by JohnB on May 2, 2013 at 2:16am
Mark said, "None of those quotes say what you really wish they were saying.
In regards to the first two quotes, it is referring to the 1843 and 1850 Charts, nowhere does it mention that it is the 1863 Chart,.."
Mark, you are wrong. The quotes were written in 1868 and 1870, the two charts referred to are James White's charts, the 1863 prophecy chart and the 10 Commandments chart. You are suggesting that they were distributing charts that referred to Christ's return in 1843? That is foolishness. You are following your own reasoning rather than accepting what is plainly stated.
Mark said, "Again, she does not say the book is infallible, she is saying that those interested in the truth for this time, this book will be an invaluable help, she does not say that the book is the truth for this time, they are two different meanings."
Perhaps you didn't read what was in bold type:
"The great, essential questions which God would have presented to the people are found in Daniel and the Revelation. There is found solid, eternal truth for this time. Everyone needs the light and information it contains." Ms 174, 1899
You respond by quoting what Ellen White said about the Biblical books of Daniel and Revelation rather than what she said about Uriah Smith's book. Again using man's reasoning rather than accepting what Sis. White wrote.
For those who did not go through the Millerite experience she specifically recommends this book
No-one apart from you has suggested that it is an infallible book however, you do appear to be suggesting that Ellen White was wrong to endorse the book as being "truth for this time".
Mark, you appear to be calling God a liar.
Permalink Reply by Mark on May 2, 2013 at 4:37am
John my brother
I read the quote about Daniel and Revelation, and yes there was much truth for their time in that book, but it was not THE truth for their time, meaning that it was not infallible. I have read Uriah Smith's book, and it has given me a great understanding. But there are many errors in his book which we can understand better today. For historical content, it is invaluable, but it is not THE truth for our time.
And in regards to the charts, even if it is not referring to the 1843 and 1850 charts, it still doesn't give God's endorsement, it doesn't say that God's hand was in the publishment of them, it doesn't say they are a fulfillment of prophecy.
It is not wrong for her to sell the 1863 Chart, there are no lies on it, it is just missing much truth. And as for selling the 1843 Chart being wrong, it is part of our history, it needs to be understood. The 1850 Chart cannot be fully understood without the history of the 1843 Chart, hence they both go together.
The Advent movement of 1840-44 was a glorious manifestation of the power of God; the first angel's message was carried to every missionary station in the world, and in some countries there was the greatest religious interest which has been witnessed in any land since the Reformation of the sixteenth century; but these are to be far exceeded by the mighty movement under the last warning of the third angel. {GC88 610.3}
So please tell me my brother, is she lying?
The warning has come: Nothing is to be allowed to come in that will disturb the foundation of the faith upon which we have been building ever since the message came in 1842, 1843, and 1844. I was in this message, and ever since I have been standing before the world, true to the light that God has given us. We do not propose to take our feet off the platform on which they were placed as day by day we sought the Lord with earnest prayer, seeking for light. Do you think that I could give up the light that God has given me? It is to be as the Rock of Ages. It has been guiding me ever since it was given. Brethren and sisters, God lives and reigns and works today. His hand is on the wheel, and in His providence He is turning the wheel in accordance with His own will. Let not men fasten themselves to documents, saying what they will do and what they will not do. Let them fasten themselves to the Lord God of heaven. Then the light of heaven will shine into the soul-temple, and we shall see the salvation of God. {GCB, April 6, 1903 par. 35}
Blessed are the eyes which saw the things that were seen in 1843 and 1844. The message was given. And there should be no delay in repeating the message, for the signs of the times are fulfilling; the closing work must be done. A great work will be done in a short time. A message will soon be given by God's appointment that will swell into a loud cry. Then Daniel will stand in his lot, to give his testimony. {2MR 20.1}
All the messages given from 1840-1844 are to be made forcible now, for there are many people who have lost their bearings. The messages are to go to all the churches. {21MR 437.1}
Read the story of the Midnight Cry, even after they discarded the 1843 Chart after the spring of 1844, they still taught the 2520, it was one of the 5 subjects in which they used to confirm the truth, hence the 1850 Chart confirmed their message after 1844.
But you are saying it is all a delusion, that Sister White is lying, and that we have a faulty God who changes His mind!
Permalink Reply by JohnB on May 7, 2013 at 3:45pm
Mark said, "But you are saying it is all a delusion, that Sister White is lying, and that we have a faulty God who changes His mind!"
No, I'm saying that you have got it wrong. You don't understand the purpose of the charts, neither do you understand the progression of truth that attended the formation and development of the SDA Church. That much is apparent by your responses. The quotes that you give are not to the point because you do not understand what you are arguing. The supposed "2520 prophecy" was used to bolster Daniel 8:14. The chart was made to visually explain the prophecies of Daniel and Revelation and Daniel 8:14 took a central place. It was the understanding of the 2300-day prophecy that was part of the foundation. Withdrawing the "2520 prophecy" does not affect the understanding of the 2300-day prophecy as it was the explanation of what was to happen and the relation of the seventy weeks to the 2300 days that was the central point.
There were errors on the charts that were corrected in later charts. If one holds that everything on the charts apart from the mistake in regard to "the year zero" is correct then other problems arise.
For example, what was the date of the battle of Arbela? The 1843 & 1850 charts state 332BC but the actual date is 331BC. It makes no difference to the theology of the charts but it is an error. Similarly, when the "2520 prophecy" is removed from the charts it makes no difference to the theology. It was an error that was removed from the teachings of the SDA Church. That is why sis. White is able to say,
"The truths given us after the passing of the time in 1844 are just as certain and unchangeable as when the Lord gave them to us in answer to our urgent prayers. The visions that the Lord has given me are so remarkable that we know that what we have accepted is the truth. This was demonstrated by the Holy Spirit. Light, precious light from God, established the main points of our faith as we hold them today." Letter 50, 1906, pp. 1, 2. (To Elder W. W. Simpson, January 30, 1906.)
No light established the supposed 2520 prophecy.
Ellen White said that no changes were to be made except by inspiration so when new charts are produced one would expect "the pen of inspiration" to point out any omissions of essential truth. Yet we find an endorsement of the 1863 chart and even a rebuke to Bro. Haskell in 1908 for reprinting the 1843 chart.
Will you hold that the 666 of Rev.13 refers to the number of years of Rome? Will you declare that the second best of Rev.13 is the Papacy? Both points were taught from the 1843 chart.
You have over-emphasised a minor point and attempt to make an essential truth out of something that was dismissed by the Pioneers. Only when you realise this will you be able to reconcile your position to what SoP says,
"Those who embrace the truth now, who have not shared in the experiences of those who entered the work in the early history of the message, should study the instruction given in Daniel and the Revelation, becoming familiar with the truth it presents."
"The truths given us after the passing of the time in 1844 are just as certain and unchangeable as when the Lord gave them to us in answer to our urgent prayers. The visions that the Lord has given me are so remarkable that we know that what we have accepted is the truth. This was demonstrated by the Holy Spirit. Light, precious light from God, established the main points of our faith as we hold them today."
"Those who will diligently study this book will have no relish for the cheap sentiments presented by those who have a burning desire to get out something new and strange to present to the flock of God. The rebuke of God is upon all such teachers. They need that one teach them what is meant by godliness and truth. The great, essential questions which God would have presented to the people are found in Daniel and the Revelation."
Permalink Reply by Mark on May 7, 2013 at 8:10pm
Hi John B
you said "No, I'm saying that you have got it wrong. You don't understand the purpose of the charts, neither do you understand the progression of truth that attended the formation and development of the SDA Church."
Well actually I do understand the purpose of the charts, the 1843 chart was designed to reveal peoples true character.
Thousands were led to embrace the truth preached by William Miller, and servants of God were raised up in the spirit and power of Elijah to proclaim the message. Like John, the forerunner of Jesus, those who preached this solemn message felt compelled to lay the ax at the root of the tree, and call upon men to bring forth fruits meet for repentance. Their testimony was calculated to arouse and powerfully affect the churches and manifest their real character. And as the solemn warning to flee from the wrath to come was sounded, many who were united with the churches received the HEALING MESSAGE; they saw their backslidings, and with bitter tears of repentance and deep agony of soul, humbled themselves before God. And as the Spirit of God rested upon them, they helped to sound the cry, "Fear God, and give glory to Him; for the hour of His judgment is come." {EW 233.1}
Ministers who would not accept this saving message themselves hindered those who would have received it. The blood of souls is upon them. Preachers and people joined to oppose this message from heaven and to persecute William Miller and those who united with him in the work. Falsehoods were circulated to injure his influence; and at different times after he had plainly declared the counsel of God, applying cutting truths to the hearts of his hearers, great rage was kindled against him, and as he left the place of meeting, some waylaid him in order to take his life. But angels of God were sent to protect him, and they led him safely away from the angry mob. His work was not yet finished. {EW 235}
You mention UNFOLDING OF TRUTH as if truth can be discarded because it is old, to mean that new truth negates the old, but that is not so and can never be, as truth will always be truth!
In every age there is a new development of truth, a message of God to the people of that generation. The old truths are all essential; new truth is not independent of the old, but an unfolding of it. It is only as the old truths are understood that we can comprehend the new.{COL 127.4}
It is a healing saving message, it is the Elijah message designed to separate the wheat from the tares, and boy is it doing it's work just as sister White said it would.
The SDA Church when formed had been Laodicea since the late 50's, that is nothing to be proud about. And why do you think that is? Because they rejected the foundations, just as you are doing my friend, you do not wish to return to the Old Paths.
Don't you get it? if you reject it you reject the only remedy to save you, and in essence you destroy yourself.
Think about it and pray. Read Jeremiah 17:9 and stop trusting in yourself, read the word and trust in it, it is our only hope.
Mark, once again you give evidence to the fact that you really do not understand.
The supposed "2520 prophecy" was not the healing message, the "2520" was only a supposition that was used to shore up the 2300 days. A shoring that it did not need. The healing message that came was the entire message that pointed men to Christ and the salvation of the cross.
Mark said, "You mention UNFOLDING OF TRUTH as if truth can be discarded because it is old, to mean that new truth negates the old, but that is not so and can never be, as truth will always be truth!"
Well, actually, it is you who is using that phrase, not me. Why did you write that? I mean, I stand corrected if you can show me where I used that phrase but as far as I can see you are using the phrase and then pretending that I said it in order to counter the argument that you claim I am making. That seems very dishonest.
Why invent something to respond to whilst at the same time totally ignoring all the points that I actually queried?
The development of truth can be seen in the doctrines of the SDA Church particularly in comparison with the doctrines of the Millerites. The doctrinal development shows the development of the understanding of the truth.
In 1843 the charts were used to point to the return of Jesus Christ to this earth. Was that the truth? No. Only part of what was said was actually true. By the time of the SDA Church there was a development of the truth and it was realised that the event was wrong.
The 1843 chart was used to describe Rome as the second beast of Revelation 13. Was that the truth? No. But there was an development of truth so that the USA would be identified.
The 1843 chart was used to show that the "666" of Rev.13 denoted the number of years that pagan Rome would hold sway over Israel. Was that the truth? No. There was an development of truth and that understanding was changed and it was declared that "Republicanism and Protestantism" was the true meaning of "666". However, there was a further understanding of the truth to come in order that the Papacy would be identified as "666".
What about Sabbath-keeping? The Millerites rejected Sabbath-keeping. They stuck to Sunday. Was this truth? Were they right? Or was there an "unfolding of truth" that led to acceptance of the true seventh-day Sabbath?
You claim that the "2520" is "designed to separate the wheat from the tares". It is not. That is a false doctrine.
You claim that it is "the only remedy". It is not. Jesus Christ is the only remedy. You cannot produce one scriptural quote that states that "the 2520" is a remedy or designed to perform the task that the Bible says the angels perform at the end of the world.
You say that the SDA Church became Laodicea in the 1950's, yet that has nothing to do with "the 2520". That theory was discarded at the very inception of the SDA Church, ninety years earlier. So the rejection of that supposed prophecy has nothing to do with your claim.
Are you able to state precisely why the supposed "2520 prophecy" is an essential truth? This question was asked at the very start of these discussions and in all the thousands of words that you have copy-pasted on this subject not once have you been able to justify this claim.
You make bold claims but when put to the test they disappear in replies that consist of obfuscation, irrelevance and blatant ignorance of the topic.
It is becoming very obvious that you have been questioned in relation to specifics of the charts several times yet you have studiously ignored questions to the point where you prefer to answer questions that have not been asked.
If we must believe that everything written on the 1843 chart is corect then please answer the points that I have raised. If, however, the chart is not to be taken as infallible then why so much emphasis on "the 2520" when it is only a side issue (literally)?
John B my brother
I'll state again what you said "neither do you understand the progression of truth that attended the formation and development of the SDA Church."
By this inference you are saying that earlier truth is replaced by newer truths, and if not you have to excuse me, but there was no other option for me to believe that this is what you meant.
You go on to say
"In 1843 the charts were used to point to the return of Jesus Christ to this earth. Was that the truth? No. Only part of what was said was actually true. By the time of the SDA Church there was a development of the truth and it was realised that the event was wrong."
Actually it wasn't wrong at all, Jesus Christ did come to the earth as much as if he had actually come in the flesh, and this is what we as a people fail to understand as much as they did then.
He came as a type of the early and latter rain, this experience is the experience that we as Adventists fail to understand today, just as the Millerite's and the Jews before them failed to understand.
And the angel which I saw stand upon the sea and upon the earth lifted up his hand to heaven, and sware by him that liveth for ever and ever, . . . that there should be time no longer. Revelation 10:5, 6. {CTr 344.1}
The mighty Angel who instructed John was no less a personage than Jesus Christ. Setting His right foot on the sea, and His left upon the dry land, shows the part that He is acting in the closing scenes of the great controversy with Satan. This position denotes His supreme power and authority over the whole earth. The controversy has waxed stronger and more determined from age to age, and will continue to do so to the concluding scenes when the masterly working of the powers of darkness shall reach their height. . . . {CTr 344.2}
Luk 19:42 Saying, If thou hadst known, even thou, at least in this thy day, the things which belong unto thy peace! but now they are hid from thine eyes.
Luk 19:43 For the days shall come upon thee, that thine enemies shall cast a trench about thee, and compass thee round, and keep thee in on every side,
Luk 19:44 And shall lay thee even with the ground, and thy children within thee; and they shall not leave in thee one stone upon another; because thou knewest not the time of thy visitation.
Biblical history is given for us at the end of the world, because we are the fulfillment of ALL prophecy, we are the people who know not the time of our visitation, the Sunday Law is the destruction that Christ was looking down the ages towards when He wept over Jerusalem.
The Millerites did not understand the sanctuary properly, that is why the Angel said to Zechariah in reference to the Golden Candlesticks "knowest thou not what these be?" Zechariah was a priest, i think he knew fine well what the candlesticks were, but he was playing the part of God's people at the end of time, beginning with the Millerite movement. They did not understand the sanctuary. The Mistake on the 1843 chart was the misunderstanding of the Tarrying Time, nothing to do with adding any year zero, the truths on the chart were the prophecies, which were not wrong.
Again you said
"The 1843 chart was used to describe Rome as the second beast of Revelation 13. Was that the truth? No. But there was an development of truth so that the USA would be identified."
Where do you get your information, nowhere is this stated on either 1843 or 1850 Chart, have you even looked at the 1843 chart?
You said again
"The 1843 chart was used to show that the "666" of Rev.13 denoted the number of years that pagan Rome would hold sway over Israel."
Again, where did you imagine this in connection with the 1843 chart?
Miller may have later stated these things, but they were never preached from 1798-1844, and have no connection with the charts.
"What about Sabbath-keeping? The Millerites rejected Sabbath-keeping."
Ellen White and all the other 50 or so people who entered into the Most Holy place by faith on Oct 22 1844 were Millerites, the other 50,000 left or denied their faith. Miller was being led astray by others, he was blind, and was mentally and physically exhausted from faithfully serving our God for the best part of 30 years, and you accuse him?
My attention was then called to William Miller. He looked perplexed and was bowed with anxiety and distress for his people. The company who had been united and loving in 1844 were losing their love, opposing one another, and falling into a cold, backslidden state. As he beheld this, grief wasted his strength. I saw leading men watching him, and fearing lest he should receive the third angel's message and the commandments of God. And as he would lean toward the light from heaven, these men would lay some plan to draw his mind away. A human influence was exerted to keep him in darkness and to retain his influence among those who opposed the truth. At length William Miller raised his voice against the light from heaven. He failed in not receiving the message which would have fully explained his disappointment and cast a light and glory on the past, which would have revived his exhausted energies, brightened his hope, and led him to glorify God. He leaned to human wisdom instead of divine, but being broken with arduous labor in his Master's cause and by age, he was not as accountable as those who kept him from the truth. They are responsible; the sin rests upon them. {EW 257.1}
If William Miller could have seen the light of the third message, many things which looked dark and mysterious to him would have been explained. But his brethren professed so deep love and interest for him, that he thought he could not tear away from them. His heart would incline toward the truth, and then he looked at his brethren; they opposed it. Could he tear away from those who had stood side by side with him in proclaiming the coming of Jesus? He thought they surely would not lead him astray. {EW 258.1}
God suffered him to fall under the power of Satan, the dominion of death, and hid him in the grave from those who were constantly drawing him from the truth. Moses erred as he was about to enter the Promised Land. So also, I saw that William Miller erred as he was soon to enter the heavenly Canaan, in suffering his influence to go against the truth. Others led him to this; others must account for it. But angels watch the precious dust of this servant of God, and he will come forth at the sound of the last trump. {EW 258.2}
I would think carefully about what claims you think to make against God's servant.
"You claim that the "2520" is "designed to separate the wheat from the tares". It is not. That is a false doctrine."
The 2520 is Christ, He is Palmoni, the Wonderful Numberer, He is the word, and the 2520 is the complete vision of prophetic history, it is the Rock of Ages.
The 1850 Chart symbolises the 3rd Angels message, of which the 2520 is a part. And the 3rd Angels message is what separates the Wheat from the Tares, so it is a correct doctrine and is doing its work as foretold since before the foundation of the world.
"You claim that it is "the only remedy". It is not. Jesus Christ is the only remedy. You cannot produce one scriptural quote that states that "the 2520" is a remedy or designed to perform the task that the Bible says the angels perform at the end of the world."
Angels?? It is referring to the 3 angels messages, not literal angels, as you cannot have a third message without a first and second.
I then saw the third angel [Revelation 14:9-11]. Said my accompanying angel, "Fearful is his work. Awful is his mission. He is the angel that is to select the wheat from the tares and seal, or bind, the wheat for the heavenly garner. These things should engross the whole mind, the whole attention."--EW 118 (1854). {LDE 14.2
It is the acceptance or rejection of the 3rd Angels message that determines whether you will be saved, as to reject it, is to reject and crucify Christ as they did on Oct 22 1844 when they said the message was a delusion.
Again you said.
"You say that the SDA Church became Laodicea in the 1950's, yet that has nothing to do with "the 2520". That theory was discarded at the very inception of the SDA Church, ninety years earlier. So the rejection of that supposed prophecy has nothing to do with your claim."
It seems I made a typo, if I said 1950, I meant to say 1850, and it has everything to do with the 2520!
"Are you able to state precisely why the supposed "2520 prophecy" is an essential truth? This question was asked at the very start of these discussions and in all the thousands of words that you have copy-pasted on this subject not once have you been able to justify this claim."
I don't need to justify anything, just as you don't need to believe anything, we will all stand before God for what we have accepted or rejected. The SOP is very plain, from a God that cannot lie, a God that said the charts were published and directed by Him, that were a fulfillment of a prophecy, that tells us the vision will not lie. The word Vision is Chazon, it is the complete vision, referring to the 2520 from Daniel Ch's 8-10. The Vision (Chazon) was to be made plain upon Tables, which Ellen White tells us is the truth. We cannot therefore talk about the battle of Arbela and justify that the vision put upon the tables is incorrect, because God cannot lie. The battle of Arbela is a date in history, not a prophecy, and not the commencement of the chain of truth that was given to William Miller by Gabriel the Angel.
"You make bold claims but when put to the test they disappear in replies that consist of obfuscation, irrelevance and blatant ignorance of the topic. "
I don't make any bold claims, I just present line upon line, the Word will vindicate Itself as It has done down through the ages.
"It is becoming very obvious that you have been questioned in relation to specifics of the charts several times yet you have studiously ignored questions to the point where you prefer to answer questions that have not been asked."
I have ignored them because it is not worth the effort, you never provide scriptural evidence, just your own opinions or mans theories.
"If we must believe that everything written on the 1843 chart is corect then please answer the points that I have raised. If, however, the chart is not to be taken as infallible then why so much emphasis on "the 2520" when it is only a side issue (literally)? "
My brother, I cannot express how difficult it is for me to answer this question, but please tell me why the path is narrow and FEW will find it, why the tares far outweigh the wheat, and there will be weeping and gnashing of teeth?
Well, if you think the 2520 is a side issue, I really do fear for you.
This quote below speaks against you, not for you.
Permalink Reply by JohnB on May 14, 2013 at 2:38pm
In an attempt to make this legible I have typed my responses and put the post that I am replying to in bold. I have also snipped a lot of irrelevant side-stepping of the issues at hand.
That is correct and is confirmed by this response.
No, I was not inferring anything, I said it plainly, you do not understand the progression of truth that attended the formation and development of the SDA Church. I thought it was a rather simply structured sentence. You equate progression with negation, not me. I do not agree with such an association so please do not go back to your tactic of trying to introduce a straw man argument.
It was wrong. They were looking for the personal, bodily return of Jesus Christ – they were wrong. William Miller referred to “1843 after Christ, when captive Zion will go free from all bondage, even from death, and the last enemy conquered, the remnant out of all nations saved, the New Jerusalem completed, the saints glorified.” (Miller’s Works Vol. 1, p.45) Read what he believed for yourself, the Millerites taught the physical return of Christ to this earth.
[snip obfuscation]
The Mistake on the 1843 chart was the misunderstanding of the Tarrying Time, nothing to do with adding any year zero, the truths on the chart were the prophecies, which were not wrong.
In fact it was all to do with not adding a year zero. Miller was doing a lot of calculation by subtraction and failed to take into account that this would give a false result – that was how he got to 1843. When the Karaite calendar was used there was no year zero involved and so the correct year(s) could be calculated whether by subtraction or not.
Yes. “In the 11th verse he gives us a discovery of the same beast in his ecclesiastical power; Pagan Rome in the first beast, and Papacy in the image beast; and it will be evident to any one who will examine the chapter carefully, that John was not commanded to number the image beast--for the civil power of that beast was before numbered in the 5th verse,--but the beast which existed before him, which the Papal ecclesiastical beast is an image of, or Daniel's daily sacrifice abomination, (Dan. xii. 11,) the one which Paul said, "he who now letteth will let, until he be taken out of the way." “ (Evidences From Scripture and History of the Second Coming of Christ About the Year A. D. 1843, and of His Personal Reign of 1000 Years by William Miller, pub.1842). The idea of the USA as the second beast was introduced in the 1850 chart.
There is a date on the chart: 158BC. Why is that date there? (rhetorical question - see below)
“Again, from the league between the Jews and Romans, B. C. 158, to the fall of idolatry in the west, A. D. 508 666” (The Probability of the Second Coming of Christ About A.D. 1843 Josiah Litch, pub.1838, p.118)
“The truth is the interpretation of the verse given by Mr M that the number of his name 666 denotes the duration of Pagan Rome is a most farfetched and improbable supposition and can in no way be reconciled with truth Were the date of its commencement given by Mr M viz 158 correct still the end would fall at the wrong time for Pagan Rome ceased not in 508 but nearly two hundred years before at the conversion to Christianity of the emperor Constantine the Great or at the latest at the death of Julian the apostate in 363.” (An Exposition of the Prophecies, Supposed by William Miller to Predict the Second Coming of Christ in 1843 by John Dowling, p.143, pub.1840)
“Here ends the description of the first beast in the fourth kingdom, which John informs us in Rev. 13:18, he saw numbered, and his number is six hundred three score and six," which I understand to mean the years that this beast; or pagan Rome should contaminate the Jewish and Christian religion, break in pieces and devour with his "great iron teeth," the same. If this be a correct exposition of the text: then this beast began his power over the people God, 158 years before Christ and would end 508 years after Christ: so that we are brought down to A. D. 508.” (Evidences From Scripture and History of the Second Coming of Christ About the Year A. D. 1843, and of His Personal Reign of 1000 Years, page 25, pub.1842)
“This text shows the number of years that Rome would exist under the blasphemous head of Paganism, after it was connected with the people of God by league, beginning B. C. 158, add 666 years, will bring us to A. D. 508, when the daily was taken away.” (Synopsis of Miller's Views, Signs of the Times, 25th January 1843)
This view was preached by Miller in his lectures and in his lectures he used the chart. The 158BC date is related to 508AD to prove the 666 years of Pagan Rome. In fact he was wrong as from 158BC to 508AD is actually 665 years.
No, I did not accuse him. Read what I said again and perhaps you will respond to what I actually wrote instead of continually making these baseless accusations as an excuse for not answering. I’m really not impressed by your constant attempts to evade questions asked by reshaping them to suit your response.
“Beginning about 1832, soon after the publishing of his first book on prophecy, Begg began the observance of the seventh-day Sabbath. His espousal of the Sabbath and his personal observance of it thereafter until his death; his contact with the Millerite Signs of the Times in 1840, just after it was started; his offer of articles on the continuing obligation of the seventhday Sabbath, which they declined;” – Froom, 3,II, p.561 (ref. to James A. Begg of Paisley.)
[snip irrelevant obfuscation]
The 2520 is Christ, etc., etc
No, “the 2520” was thought to be a time prophecy. It isn’t. That is why it was not adopted by the SDA Church and refuted by the pioneers.
I don't need to justify anything…
Mark, the plain truth is that you can’t justify this claim. Nobody has been able to. It remains a “you must believe it because I said so”.
We cannot therefore talk about the battle of Arbela and justify that the vision put upon the tables is incorrect, because God cannot lie. The battle of Arbela is a date in history, not a prophecy, and not the commencement of the chain of truth that was given to William Miller by Gabriel the Angel.
Mark, it is a historical fact that the Battle of Arbela took place in 331BC and is mentioned specifically on the 1843 and 1850 charts as having taken place in 332BC. Either the charts are wrong or history is. Which is it?
That last part is correct – that is why we know that “the 2520” is not a prophecy and that is why the SDA Church has never believed or taught it.
[snip excuse for not addressing objections]
My brother, I cannot express how difficult it is for me to answer this question, but please tell me…
Why don’t you answer my question before you attempt to divert off to an unrelated subject? Let me see if I can make it easier for you. Apart from the “no year zero” problem, is everything else on the charts correct or not? (You only need to answer “yes” or “no” – it is that simple.)
This is funny Mark, I showed you many weeks ago that Ellen White said that all should have the charts from 1863 that have the TRUTH which included the 10 commandments.
You might choose to forget the Truth that is shared to you but God does not forget what you reject.
THANK YOU FOR YOUR UNDERSTANDING BROTHER MARK
GO Ahead brother we need to go deep with both parties facts
Would you Stop arguing with the other Party and Follow your friend Obert's Advice,remember he said they will join as to disturb and change focus.
At first I thought Obert was also joining and changing focus but I can see it Now!
ALL OF YOU HERE ARE TAKING THESE ARGUMENTS LIKE PERSONAL ISSUES PLEASE WOULD YOU BE CHRISTLIKE!
IT'S A SUGGESTION NOT A COMMAND
Permalink Reply by Mark on May 22, 2013 at 9:10pm
I would like to point you to these references made by Sister White to Elder Simpson.
Elder Simpson presents the truth as it was presented in past years, illustrating his remarks by means of many charts. He explains the prophecies very clearly, showing plainly that the end of all things is at hand. The Lord certainly works with him, and I wish that there were hundreds of such workers in the field, proclaiming with the same earnestness and enthusiasm the last message of warning. {RH, March 2, 1905 par. 9}
Brother Simpson dwells especially on the significance of the prophecies in the books of Daniel and the Revelation. By means of ingeniously contrived charts and symbolic representations, he holds the attention of the people, while he endeavors to preach the word. Through this effort hundreds will be led to a better understanding of the Bible than they ever had before, and we trust that there will be many conversions. Those who attend his lectures and are not converted, must practically reject the Word of God. {RH, November 29, 1906 par. 17}
He developed his own flip chart in 1889 which he used to great success. He also used lifelike models of the beasts of Daniel 7.
It is worthy to note that when He died, in his will, apart from the flip chart he had produced, the only other chart was an 1843 chart.
Simpson_W_W_Collection.pdf, 67 KB
Thank you, Mark. That is my point. When you compare W.W. Simpson's chart to the 1863 chart you can see that they are almost the same. The arrangement being slightly different and the dates 457 & 1844 are not on Simpson's chart but principally they are the same.
In her letter of 1902 she states, "Brother Simpson makes clear and plain the positions that we have held for so many years." She endorsed the 1863 chart and Simpson's chart - neither included 2520.
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Tag: Klondike
Long distance relays
Charles Wohlforth - May 19, 2017
KSKA: Thursday, May 25, at 2:00 p.m. On the next outdoor explorer, we’re talking about a different kind of race, one where you have as much support and camaraderie as you do competition. Long distance road relays have been around for a while, including the Klondike Road Relay that follows the gold rush route of 1898 every fall, with teams of runners who ride along in vans while taking turns on foot. A new one is getting started in Anchorage this summer, from Eagle River to Seward and we're looking forward to hearing about it. LISTEN HERE
Chilkoot Pass
Charles Wohlforth - July 18, 2014
This week's Outdoor Explorer comes to you from the Chilkoot Trail, the infamous route used by Klondike gold rushers during the late 1800s. As you walk the trail, signs of that crazy gold rush period are evident, but even more impressive is how a century has erased much of the gold rush's footprint. Host Charles Wohlforth and friends take on the 33-mile trail over five days of hiking. KSKA: Thursday, July 24, at 2:00 and 9:00 p.m. Download Audio
Alaska Public Media > Klondike
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Iran ex-leader’s grandson arrested
Akbar Hashemi Rafsanjani’s grandson accused of taking part in post-election protests.
The ex-president was criticised for supporting Mir Hossein Mousavi, the opposition candidate [AFP]
Fars quoted unnamed sources as saying that Lahouti’s detention “may have to do with some hardliners’ claims about the role of Hashemi Rafsanjani’s daughter, Faezeh, in the post-election events”.
Faezeh Hashemi Rafsanjani is Lahouti’s mother and has been denounced for her alleged involvement in inciting riots.
Several months ago she was briefly detained and later released.
Rafsanjani himself has been criticised by Ahmadinejad supporters for what they said was his failure to give full backing to Ayatollah Ali Khamenei, the supreme leader who holds ultimate authority in Iran, in the crackdown on the protests.
The authorities have also criticised him for his support of Mir Hossein Mousavi, the defeated opposition candidate who challenged Ahmadinejad.
Rafsanjani currently heads two powerful institutions in the Islamic republic, the Assembly of Experts, which has the power to supervise and replace the supreme leader, and the arbitration body the Expediency Council.
He expressed support for Khamenei at a meeting of the Assembly of Experts in February.
The Iranian courts have sentenced several well known reformists and political activists to varying jail terms after convicting them of acting against the government.
Several detainees have been released on bail in recent weeks, but news reports say 10 protesters charged with taking part in the post-election unrest have been sentenced to death.
Iranian opposition in protest call
Opposition leaders urge demonstrations on anniversary of the Republic’s creation.
G8 ‘deplores’ Iran poll violence
Foreign ministers of G8 countries urge Iran to “respect human rights”.
Iran body rules out poll annulment
UK expels two Iranian diplomats after similar expulsions by Tehran in spat over post-poll protests.
Calm in Tehran after day of unrest
Iranian foreign minister blames post-election crisis on foreign influence.
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News|Kim Jong Un
North Korea marks 7th anniversary of Kim Jong Il’s death
Death of Kim Jong Il on December 17, 2011, thrust his son into power when he was still in his late 20s and unknown.
North Koreans pay tribute to the statues of late leaders Kim Il Sung, left, and Kim Jong Il, right [File: Vincent Yu/AP]
North Koreans mark the seventh anniversary of the death of leader Kim Jong Il with visits on Monday to statues and vows of loyalty to his son and successor, Kim Jong Un.
Tens of thousands of people offered flowers and paid respects to the late leader as snow fell on Sunday at Mansu Hill in central Pyongyang, the location of huge bronze statues of the “Dear Leader” and national founder Kim Il Sung.
The anniversary observations were expected to continue through Monday across the country.
The death of Kim Jong Il on December 17, 2011, thrust his son into power when he was still in his late 20s and a virtually unknown figure outside of North Korea.
Despite many predictions from outside experts that he would not be up to the task, Kim Jong Un has consolidated his power, bolstered the country’s economy in the face of intense international sanctions, and attained a goal his father and grandfather could only dream of – he is the first North Korean leader to possess an arsenal of nuclear weapons and long-range missiles capable of reaching the United States.
With attention focused on the anniversary, there was little mention in the state media of the issues that have gotten the most attention elsewhere, including a flurry of speculation in South Korea that Kim might visit Seoul by the end of the year.
South Korea’s leader: Pyongyang seeks second Trump-Kim summit (2:43)
‘Exchanges of fire’?
But North Korea’s official Korean Central News Agency ran a lengthy commentary late Sunday that slammed the US for “slander” and “sheer malice” against the country, and for dragging its feet on efforts to improve relations after Kim’s summit with President Donald Trump in Singapore in June.
The commentary deliberately focused its criticism on the State Department and administration officials, not at Trump, suggesting that Pyongyang remains open to another summit. Trump has suggested he could meet Kim again early next year.
North Korea also condemned the US administration for stepping up sanctions and pressure on the nuclear-armed country, warning that disarming Pyongyang could be blocked forever.
North Korea’s sharp rebuke came after the US said last week it had introduced sanctions on three North Korean officials, including a top aide to Kim, for alleged human rights abuses.
While crediting Trump for his “willingness” to improve relations with North Korea, also known as DPRK, Pyongyang accused the US State Department of being “bent on bringing the DPRK-US relations back to the status of last year, which was marked by exchanges of fire”.
If the US administration believed that heightened sanctions and pressure would force Pyongyang to abandon its nuclear weapons, “it will count as [its] greatest miscalculation and it will block the path to denuclearisation on the Korean Peninsula forever – a result desired by no one”, according to a statement released under the name of the policy research director of the Institute for American Studies.
North Korea’s Kim agrees to ‘dismantle’ key missile test sites (2:23)
Reign of the Kims
With Kim’s power base seeming more solid than ever, and his recent effort to establish himself on the world stage through summits with Trump and others, North Korea watchers have been on the lookout for signs that his own personality cult is being bolstered.
Virtually all homes and public offices in North Korea feature portraits of the elder Kims, who are also memorialised in countless statues, mosaics and cenotaphs around the country. North Korean adults wear pins over their hearts bearing the likenesses of Kim Il Sung, Kim Jong Il, or both.
North Korea has yet to come out with a Kim Jong Un pin or to order his image join the others on every wall, though Kim and his wife, Ri Sol Ju, have been referred to with increasingly lofty titles – “chairman” for Kim and “respected first lady” for Ri.
A special portrait of the young chairman was unveiled recently at a ceremony to welcome the visit of Cuba’s president, but none have appeared in public since. And unlike his father and grandfather, Kim’s January 8 birthday has yet to be declared a national holiday or even marked on calendars.
None of that should be assumed to be a sign of weakness, however.
Kim is generally afforded the same reverential treatment by the state media, and for maintaining a respectful step behind his predecessors, he is credited with showing humility and confidence.
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Iran: cutting a deal with the Great Satan
14 Apr 2015|Ron Huisken
In 2003, a ‘perfect storm’ of intersecting developments saw Tehran caught with one hand in the nuclear weapon cookie jar (secretly enriching uranium), despite having joined the Nuclear Non-Proliferation Treaty and given assurances that it would do no such thing. The Iranian regime was humiliated.
India and Pakistan had endured sustained condemnation when they declared their nuclear-armed status via a blizzard of tests in 1998, but they were known proliferation risks and had declined to join the NPT. Even the DPRK—not a state that anyone wants to be compared to—had gone through the formality of withdrawing from the NPT in April 2003, to (redundantly) signal its intent to pursue a nuclear weapon capability.
Iran opted to bluff its way through. Tehran steadfastly denied that it had an obligation to restore confidence in its compliance with the NPT. It insisted that everything the IAEA could discover was consistent with its intention to build a substantial network of nuclear power stations. It maintained that it was also exercising its rights under the NPT to acquire its own capacities to fuel its future reactors with enriched uranium and (potentially) plutonium. For its part, the US insisted that Iran had to get out of the enrichment business.
Twelve years later, on 2 April 2015, negotiators from China, France, Germany, Russian, America and Iran announced agreement on a Joint Comprehensive Plan of Action (JCPOA) concerning special arrangements to bolster confidence that Iran’s nuclear program is exclusively peaceful in intent and that it has no aspirations to acquire nuclear weapons. The JCPOA—details of which can be found here—is commendably comprehensive, addressing both the enriched uranium and plutonium paths to the fissile core of a nuclear weapon.
Enrichment capacity will be cut by two-thirds and technological development precluded for 10 years; stocks of low-enriched uranium are set to be reduced to token levels for 15 years; the IAEA will have enhanced visibility of and access to Iranian nuclear facilities to verify compliance with the new agreement.
The central bargain may well have been Iran’s acceptance of the need for ‘special arrangements’ with the US conceding retention of an enrichment capacity, albeit on that’s circumscribed. If one looks at the key players, the regional context over recent decades and the broader global developments on the nuclear weapon front, easily the most surprising thing about this agreement is that it happened at all.
Support for the agreement, generally on arms control grounds, has been qualified while opposition to it has been markedly more absolute and trenchant. The Australian’s Greg Sheridan called the deal ‘a dismal outcome for the world’ as the restraints on Iran’s nuclear activities are either reversible or expire after 10–15 years while economic sanctions, once lifted, are unlikely to be re-imposed if Iran misbehaves.
Henry Kissinger and George Shultz share Sheridan’s disappointment, contending that the deal won’t stop Iran’s nuclear potential from stoking anxieties in the Arab world that, in the final analysis, Washington will have to deal with. They stress that Iranian–Arab rivalries have been shaped over millennia, making a decade of restraint of little consequence to Arab states.
Coming to a comfortable judgement on the utility of this deal is not easy. But most criticisms fail to consider what alternative courses of action were both feasible and likely to deliver better outcomes. If abandoning enrichment had been made non-negotiable, the options might have been continual intensification of economic sanctions,- with the mounting risk that Russia and China would trigger either a break in the ranks,- or the use of force.
America still has unique capacities to attract support and make things happen, but it’s relative power and room for manoeuvre, including on the home front, isn’t what it used to be. Even the use of force could only delay an Iran determined to acquire nuclear weapons. The fact is that the character of the non-proliferation challenge has been transformed.
Acquiring nuclear weapons is not a trivial undertaking but neither is it any longer a massive, complex challenge fraught with uncertainty and the risk of failure. The decision of whether Iran becomes a nuclear-armed state rests entirely in their hands, just as it does for a significant number of other countries around the world, including Australia.
If Iran remains a non-nuclear weapons state indefinitely, it’ll be because that’s its preference. Many factors (and states) will shape the outcome on this question, not just Washington and not just this agreement.
The JCPOA is an interim agreement. Many crucial details—not least concerning the verification arrangements and the lifting of sanctions—still have to be thought through, agreed, and expressed in clear language before 30 June 2015.
Iran’s supreme leader has already tried to pre-empt the process, signalling that he’s prepared to walk away from the deal if any agreement on 30 June doesn’t provide for the immediate and complete lifting of sanctions. But if a deal can be finalised without distorting the integrity of the package, it should make a positive difference. Certainly, it is hard to see how it would make things worse.
Ron Huisken is an adjunct associate professor at the Strategic & Defence Studies Centre, Australian National University. Edited image courtesy of Flickr user Maggie Osterberg.
non-proliferation
nuclear security
Iran, China and the new silk road
The P5+1 interim deal and shifting geo-strategic relations
Re-envisioning the second nuclear age
Iran and the future of the nuclear order
Why is Iran a pressing danger?
Iran: still a pressing danger
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Retired Topics | Site Selection
Securing Your Facility Inside and Out
High-tech security measures are part of the solution, but so are time-tested low-tech ideas - and the people to make them all work.
Patrice D. Bucciarelli
Apr/May 07
During an assessment visit, Mike Tibbs immediately understood why his client was so eager to revamp his institution's security system. "He wanted to show me a secure area of the facility that required punching in a numeral code into an electronic lock," says Tibbs, who is vice president of operations at Corporate Risk Solutions, Inc., a Kansas-based consulting firm. "He entered the code a couple of times and the door failed to open. Finally, a volunteer came along and explained that the code had been changed the day before. She punched in the code and the door opened. How easy could it have been to compromise that system?"
In fact, that's a question corporate leaders and site selectors are increasingly asking since 9/11 heightened potential attack awareness, and as system hackers concoct clever new ways to bring computers and other high-tech systems crashing to a halt.
Companies are collectively spending millions in pursuit of answers. According to the Security Industry Association (SIA), an Alexandria, Va.-based organization that represents physical security manufacturers, the demand for security systems in North America grows by more than 6 percent annually. SIA figures indicate that North American companies spent $11.6 million on security systems in 2005, and the organization predicts that by 2010, the demand for systems - from those that authenticate e-mail messages to biometric scanners to "smart cards" that not only control facility access but let employees pay for coffee and donuts in the company commissary - will increase to $21 million per year.
In fact, smart cards, probably the most prevalent access-control systems used in corporate facilities, are the linchpin of tech-based security systems worldwide. In North America alone, the Smart Card Alliance, a nonprofit group that promotes the use of smart-card technology, says 200 million smart cards were shipped in 2006, and predicts that the smart-card industry will grow close to 30 percent annually over the next five years.
Smart cards' microchips allow for the download of information ranging from visitor access shelf life to employee identification particulars, including the level of access each is granted. "Using smart cards, access permissions can be granted at different access levels," says Tibbs. "For example, someone who must access human resources data would not have clearance to enter secure research and development areas. Likewise, someone not cleared to access financial or other sensitive data would not be able to access it."
Smart cards represent just one layer in some companies' overall security plans. Once the stuff of science fiction, biometrics are playing an increasing role in corporate security protocol as well. Designed to read fingerprints, retinas and facial features, biometrics recognize the physical characteristics of individuals and grant - or deny - access according to those features. While governments explore the use of face-reading systems in situations such as passport control, just how much private-sector companies in the United States are spending on the technology is tough to track. However, according to industry analysts, U.S. spending on identity projects including biometrics tallied in at $620 million in 2004, and spending on those projects is predicted to rise to nearly $1.7 billion by 2009.
Meanwhile, Tibbs says mainstream companies and healthcare institutions are using certain biometric technology in more mundane ways. "As the technology becomes more affordable and more reliable, companies are using fingerprint readers as a backup to smart-card access systems in some situations," he says. "Biometrics can be used to back up smart-card systems in the case that someone forgets to bring a card to work, or to add another layer of security in certain areas such as R&D labs."
Technological advances have also enhanced the ways video and digital camera security systems work to keep companies secure, says Tibbs. Cameras can track people and things as they move throughout a facility in real time: "For example, if a briefcase is left in a particular spot, the system can show exactly when it was left there and when it was moved, if it was."
But according to Randy Vanderhoof, executive director of the Smart Card Alliance, corporate intruders don't always come through the back door. Increasingly, they come through computer systems, too, bent on pilfering sensitive information or infecting networks with viruses that can cost companies millions to stamp out. That's why, he says, corporations are upping the ante when it comes to accessing computer files and tracking digital communications that don't use paper and don't bear physical signatures: "It's all about how you manage life in a digital world."
To do that - and to ensure compliance with sensitive record retention demanded by the Sarbanes-Oxley Act, as well as changes in the Federal Rules of Civil Procedure mandating that e-mail be part of the evidentiary discovery process in court cases - companies are investing in systems that create digital signatures that not only track the movement of information-laden documents but verify their origins as well.
According to Vanderhoof, logging onto computer systems increasingly means inserting a smart card into a designated port and providing a personal identification number before data access can be granted: "The system will encrypt the information in the document, create a digital signature to verify its origin, and someone who knows my key on the other end can access the document."
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You are here: Home / 2018 / October / Archives for 12th
Archives for October 12, 2018
A visit to Desolation Row
October 12, 2018 by Terry Teachout
In today’s Wall Street Journal drama column, I review the American premiere of Conor McPherson’s Girl from the North Country. Here’s an excerpt.
Conor McPherson is Ireland’s greatest living playwright, give or take Martin McDonagh. Bob Dylan is Bob Dylan. On paper they look like the oddest of couples, but the notion of Mr. McPherson’s writing a jukebox musical based on Mr. Dylan’s songs is just crazy enough to be brilliant.
“Girl from the North Country,” which has transferred to the Public Theater after successful runs at London’s Old Vic and in the West End, is a musical as powerful and unsettling as any of Mr. McPherson’s plays. It adds a rich new layer of meaning to the songs, some familiar (“I Want You”) and others obscure (“Slow Train”), that he has woven into its theatrical fabric. It won’t send you home happy—it’s not meant to—and the results are far from perfect. But the show’s flaws are as forgivable as its originality is profound…
“Girl from the North Country” is an “Our Town”-like group portrait of the tenants of a Depression-era boarding house in Duluth, Minnesota, Mr. Dylan’s birthplace (though no other obvious reference is made to the songwriter’s life). The dozen-odd characters have all been wounded in ways that no New Deal could ever hope to heal, above all Elizabeth (Mare Winningham), the wife of the boarding-house proprietor (Stephen Bogardus), who appears to be suffering from dementia but soon proves to be Mr. McPherson’s Shakespearean fool. She utters his bleakest truths with the absolute conviction that only terrible suffering can supply…
Mr. McPherson has made no attempt to choose songs that fit neatly into his dramatic scheme, the customary modus operandi of the jukebox musical. Instead, he’s followed the lead of Stephen Sondheim and George Furth in “Company,” a series of related but mostly free-standing sketches about a group of friends in which the songs typically comment on the sketches instead of propelling the dramatic action of the show….
What Mr. McPherson does with Mr. Dylan’s songs is infallibly right. I’m not so sure, though, about the way that the songs themselves are sung and played by the cast and onstage band. While some of the actors, Ms. Winningham and Luba Mason in particular, sing with an appropriately raw edge, most of the others sound too smoothly theatrical…
The trailer for the London production of Girl from the North Country:
Jukebox musicals and British invaders
The twentieth episode of Three on the Aisle, the twice-monthly podcast in which Peter Marks, Elisabeth Vincentelli, and I talk about theater in America, is now available on line for listening or downloading.
Here’s an excerpt from American Theatre’s “official” summary of the proceedings:
This week [the panelists] celebrate a happy first birthday—or, as Terry says incredulously in this episode, “Have we really been doing this for a year?” Yes, they have! To celebrate the show’s one-year anniversary, our hosts take on a favorite punching bag of theatre criticism: the jukebox musical. Is it pure populism or can it be brilliant? Or both? They discuss that in relation to a new Bob Dylan jukebox musical currently playing at the Public Theater, Girl from the North Country (it made two of our critics cry!).
Then the critics discuss another recurring theatrical theme: the British invasion of the American theatre. Girl from the North Country originated in London, and so did The Nap, The Ferryman, and others currently running and still set to open on Broadway….
This episode closes with a tally of shows the critics love and want you to see…
To listen, download the latest episode, read more about it, or subscribe to Three on the Aisle, go here.
In case you missed any previous episodes, you’ll find them all here.
Replay: Alberto Giacometti at work
“Giacometti,” a 1966 documentary featurette about Alberto Giacometti, the great Swiss sculptor, directed by Michael Gill and made in collaboration with David Sylvester for the Arts Council of Great Britain:
(This is the latest in a series of arts- and history-related videos that appear in this space each Monday, Wednesday, and Friday)
Almanac: C.S. Lewis on absolute values
“If nothing is self-evident, nothing can be proved.”
C.S. Lewis, The Abolition of Man
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The ACPR and AMF publish their first annual report on climate-related commitments of French financial institutions
In July 2019, the two authorities announced the implementation of an annual framework for monitoring and assessing the commitments made by banks, insurers, and asset management companies to address climate challenges. After publishing an excerpt on coal policies at the end of October 2020, they are now presenting their conclusions on all climate-related commitments.
The report presents the methodology used in monitoring and assessing climate commitments undertaken by major French financial participants. These commitments cover several categories such as internal policies for reducing or offsetting direct greenhouse gas emissions, green financing commitments, exclusion and divestment policies, shareholder engagement and client support, alignment policies for complying with the objectives of the Paris Agreement and, lastly, efforts to ensure transparency with regard to the consideration of climate issues, particularly within the framework defined by the Taskforce on Climate-related Financial Disclosures (TCFD). The report also includes the analysis on coal policies published in October.
At the end of this first assessment, the authorities noted the growing mobilisation of the French marketplace to support the fight against climate change and, in particular, for the decarbonisation of portfolios. In all, more than 300 individual or collective commitments were identified. However, these figures do not necessarily reflect the level of ambition of each group or institution, or the level of requirements imposed by these commitments, which vary significantly. The approaches and methodologies used by institutions are also disparate, thus limiting the possibilities for comparisons and for assessing exposure and investments on an aggregated basis.
Based on these observations, the authorities have identified avenues for improvement and issued a series of recommendations for market participants. These recommendations are aimed at:
facilitating the traceability of commitments by ensuring that the necessary information is provided on a regular basis, in particular for the most pivotal commitments;
defining quantified objectives, deadlines and progress monitoring, where this has not been done;
increasing transparency on the methodologies and indicators used to support greater consistency and therefore comparability;
associating institutions’ governance in the follow-up of commitments and involving control mechanisms;
taking the risks related to biodiversity loss into account in their commitments.
A study by the AMF published on the same day gives a more detailed account of reporting practices based on TCFD recommendations of ten French financial institutions. The study highlights a number of good practices, but also the challenges faced by financial institutions in responding to this demanding framework, and the transparency and explanatory issues associated with the exercise.
About the AMF
The AMF is an independent public authority responsible for ensuring that savings invested in financial products are protected and that investors are provided with adequate information. The AMF also supervises the orderly operations of markets.Visit our website https://www.amf-france.org
About the ACPR
The Autorité de Contrôle Prudentiel et de Résolution is the administrative authority operationally attached to the Banque de France that supervises the banking and insurance sectors and ensures financial stability. The ACPR is also responsible for protecting the customers of the supervised institutions and ensuring the fight against money laundering and the financing of terrorism. It also has resolution powers. The ACPR’s operational departments come under its General Secretariat. Visit our website at https://acpr.banque-france.fr/
AMF Communications Directorate
ACPR Communication Unit
+33 (0)1 42 44 72 76 presse [at] acpr.banque-france.fr
Rapport commun ACPR-AMF : les engagements climatiques des institutions financières françaises (The English translation will be available in January)
"TCFD" climate reporting in the financial sector: a study on reporting practices of 10 French institutions according to the Task Force on Climate-related Financial Disclosures framework
The AMF publishes a study on climate reporting according to the Task Force on Climate-related Financial Disclosures (TCFD) framework The AMF publishes a study on climate reporting according to the Task Force on Climate-related Financial Disclosures (TCFD) framework
"TCFD" climate reporting in the financial sector: a study on reporting practices of 10 French institutions according to the Task Force on Climate-related Financial… "TCFD" climate reporting in the financial sector: a study on reporting practices of 10 French institutions according to the Task Force on Climate-related Financial Disclosures framework
French and Dutch financial market authorities call for a European regulation of ESG data, ratings, and related services French and Dutch financial market authorities call for a European regulation of ESG data, ratings, and related services
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What Enterprise Risk Management Means for Your Organization
Posted on March 20, 2015 at 12:48 pm.
Written by Jennifer Burke
Over the past decade, enterprise risk management (ERM) has become an established practice in virtually all large business organizations, including a majority of banks and other financial institutions. Regulatory expectations coupled with the harsh realities of the recession combined to encourage financial services organizations to devote significant time and resources to implementing structured processes for assessing and mitigating risks as well as identifying and seizing opportunities.
According to the Committee of Sponsoring Organizations of the Treadway Commission (COSO) “Enterprise risk management is a process, effected by an entity’s board of directors, management and other personnel, applied in strategy setting and across the enterprise, designed to identify potential events that may affect the entity, and manage risk to be within its risk appetite, to provide reasonable assurance regarding the achievement of entity objectives.”
Today, commercial and academic surveys typically show that a majority of financial institutions either have a mature ERM program in place or are well on the way toward implementing one. For most bank directors and executives, the question no longer is whether they should implement ERM but rather how they should go about doing so and what they can do to make the effort worthwhile.
For many organizations, that means it’s time to move up to the next level of ERM maturity. At this new level, ERM is not merely accepted and established as an essential corporate function. Rather, it is actively embraced and deeply embedded into every aspect of the organization’s management and operation.
This distinction is important because it highlights a common misconception about the innate nature of ERM. To be truly effective, ERM should not be treated as a distinct and separate entity within the organization. It must be incorporated as an integral part of everything the institution does.
Sustainability: The Ultimate ERM Objective
When ERM is actively embraced in an organization, it can become much more than a defensive measure for managing immediate risk. It can live up to its full potential as a strategic tool that supports long-term growth as well as the enterprise’s continued sustainability.
With more than 500 bank failures since 2007, sustainability is an area of obvious industry concern. Even though the crisis years of 2008 to 2010 are fading memories, bankers cannot afford to take the survival of their institutions for granted. Effective enterprise risk management can help organizations stay focused on sustainability.
Note, however, that “sustainability” is not synonymous with “survivability.” A sustainable enterprise does more than merely survive; it also successfully pursues its strategies and achieves its objectives.
It is also important to understand that sustainability does not equate to an absence of risk. In fact, bankers are in the business of taking risks; without risk, a bank ultimately ceases to operate. Enterprise risk management—and ultimately, sustainable risk management—must focus on identifying, appropriately assessing, reporting and mitigating those risks. That often can mean accepting certain risks or even capitalizing on them in order to seize an opportunity.
Known and Unknown Risks
A critical component of any ERM process is accurately identifying and assessing risk so that management can balance the risk against the potential reward correctly. Certain types of risks—recurring economic cycles, planned regulatory changes, shrinking margins, and fee restrictions, for example—can be foreseen with a fair degree of confidence. The risks themselves are fairly well-known; what is slightly less certain is their effect or intensity.
The more difficult challenge lies in identifying unknown risks—that is, categories of risk we may not even be aware of yet. Examples include demographic changes, new types of disruptive technology, the effects of global markets, emerging threats such as cybersecurity risks, catastrophic natural disasters, terrorist or criminal attacks, and vendor failures, to name a few.
Not only is it extremely difficult to assess the effects of such risks, it often is impossible to identify their coming existence. For example, few banks were prepared to mitigate the new types of fraud and security risks associated with Apple Pay and its competitors—because few in the industry anticipated their very existence. No one can know what will happen in the future. We only know that something will happen.
Warnings and Guardrails
Managing against unknown risk can be compared to driving down a mountain highway. The yellow lines that mark the lanes are comparable to a bank’s policies and procedures. They tell a bank how to operate to reach its objective.
A driver who veers outside those yellow lines typically will encounter a warning track or “rumble strips.” For a bank, those rumble strips are the key process indicators that management and boards monitor to detect if they are veering out of compliance or taking on unacceptable risk.
Beyond the rumble strips there are guardrails. Hitting the rails will cause some damage, but they are the last safety measure that keeps a car from going over the edge. These are comparable to regulatory penalties or enforcement actions: They can be costly and damaging, but often they are the last protection against failure.
These guides are like the major components of an ERM program. Monitoring and managing in response to them not only will help avoid failure but will minimize the risk of costly penalties while also helping to keep the bank moving toward achieving its goals.
Note, though, that there are still unknown risks and hazards, such as unexpected weather and blind corners. It is important to manage the predictable risks effectively in order to be ready to respond quickly to the unexpected hazards. If the bank already is veering outside its safety zone, even a small unforeseen hazard can have catastrophic results.
Sustainable Risk Management: A Cultural View
The highway analogy is illustrative, but it has an important limitation: It addresses only the systems, processes, and technical aspects of ERM. As crucial as these tools are, they are secondary in importance to the vital cultural foundation that must be present in order for ERM—and ultimately sustainable risk management—to be effective.
ERM cannot succeed without complete support from the board and C-suite. The board must be active in asking strategic questions to validate management’s focus on risk management, identify gaps in the system, and establish and support a formal structure for identifying, assessing, and addressing risks and opportunities.
Clear ownership of the effort is important, and the bank must appoint a high-level executive responsible for the ERM process and program. At the same time, though, all members of the organization must recognize their own particular responsibilities.
For example, managers in all areas should be encouraged to participate in identifying and discussing risk and should understand the bank’s tolerance for opportunity and related risk. In addition, employees at all levels and in all functions should understand what risks the organization will and will not accept as well as their own specific responsibilities for helping to manage and mitigate risks.
These responsibilities can range from simple and obvious roles such as protecting cash in teller drawers to more complex responsibilities such as maintaining customer satisfaction and competitive position. In short, ERM and long-term sustainability must become embedded in the bank’s culture at all levels and in all positions.
By moving to this next level of ERM maturity—a level where ERM is embraced actively and embedded deeply in the organization—it is possible to advance beyond compliance alone and begin to add genuine value to the organization through better allocation of resources, improved decision-making, greater transparency, a stronger reputation among all stakeholders, and, ultimately, long-term sustainability.
Tags: COSO, Erm, Risk Management
There’s a New Framework for Internal Controls: What Boards Need to Know
Posted on October 17, 2014 at 11:46 am.
Written by John Donohue
The COSO framework, which stands for Committee of Sponsoring Organizations of the Treadway Commission, is used by most public companies when reporting on the effectiveness of their internal control over financial reporting in compliance with the Sarbanes-Oxley Act.
The organization, whose sponsoring members include the American Institute of CPAs and the Institute of Internal Auditors, released an updated version of its major guidance document in May of 2013, called Internal Control—Integrated Framework.
As a member of a bank board or audit committee, it is important to have an understanding of how these changes might impact your bank.
Banking regulators are putting more pressure on banks to diversify lending while simultaneously improving credit risk management and reporting, and they are also after banks to focus on IT security. The 2013 framework creates a more formal structure for designing and evaluating the effectiveness of internal controls by codifying the fundamental concepts associated with them. A set of 17 broad principles relating to internal controls, which were present but deeply buried in the earlier framework, now supplement the five components held over from the 1992 framework. These components and associated principles are:
Control environment
Demonstrates commitment to integrity and ethical values
Exercises oversight responsibility
Establishes structure, authority and responsibility
Demonstrates commitment to competence
Enforces accountability
Specifies suitable objectives
Identifies and analyzes risk
Assesses fraud risk
Identifies and analyzes significant change
Control activities
Selects and develops control activities
Selects and develops general controls over technology
Deploys through policies and procedures
Uses relevant information
Communicates internally
Communicates externally
Conducts ongoing or separate evaluations
Evaluates and communicates deficiencies
Entities must demonstrate compliance with the principles associated with each component above to conclude that the component is present and functioning.
Also new to the 2013 framework are 75 points of focus that relate to external financial reporting. These specific considerations relate to each principle above, principles such as “assesses fraud risk,” and are important characteristics to consider in determining whether the corresponding principle is, in COSO’s terms, “present and functioning.” Not all points of focus need be met to conclude that a principle is present and functioning.
A key first step is determining how the 2013 framework will affect your internal controls’ design, documentation and evaluation. While many businesses have an abundance of transaction controls but gaps in other areas, banks—which operate in a regulated environment with frequent examinations—are more likely to have implemented many of the entity-level and monitoring controls that other companies lack. Still, since some of these controls may not have previously been identified as key SOX controls, additional documentation may be necessary.
Your staff should begin by matching existing documented controls with the new principles and associated points of focus. Next, they should compare each principle and point of focus to your existing controls to assess whether the controls are sufficient to conclude that each principle is present and functioning. A fair amount of judgment is involved in determining which controls address a specific principle or point of focus, and undoubtedly there will be many relationships between your existing controls and the COSO principles and points of focus.
If you can conclude that the principles are covered, no further analysis is necessary. But if it appears a principle isn’t covered, your staff should determine whether the unmet principle or point of focus is due to an entirely missing control—an activity the institution doesn’t perform—or an undocumented control. Many apparent gaps are often the result of missing documentation, not necessarily missing controls.
At this point, staff should determine whether undocumented controls should be formally documented as part of your bank’s SOX program or if new controls are necessary to mitigate the missing controls. This is an important point and should be considered carefully. Although your SOX program may be based on the 2013 framework, not all points of focus need to be covered by a key SOX control.
The process of mapping your internal control documentation to the principles and points of focus and mapping each principle and point of focus to your documented controls will help you evaluate your mix of control activities, the levels at which activities are applied, and segregation of duties. This exercise will determine how close you are to complying with the COSO 2013 framework—and put you on the path to full compliance.
Tags: Audit, Compliance, COSO, COSO framework, Internal Controls
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Full Statute Name: United States Code Annotated. Title 16. Conservation. Chapter 31. Marine Mammal Protection
Popular Title: Marine Mammal Protection Act Primary Citation: 16 USC 1361 - 1421h Country of Origin: United States Last Checked: March, 2020 Date Adopted: 1972 Historical:
Summary: The Marine Mammal Protection Act (MMPA) is the main regulatory vehicle that protects marine mammal species and their habitats in an effort to main sustainable populations. In doing so, the statute outlines prohibitions, required permits, criminal and civil penalties, and international aspects in addressing marine mammals. Included in the MMPA are provisions to protect dolphins from ocean vessels that harvest tuna with purse seine nets; provisions to protect polar bear; provisions that establish the Marine Mammal Commission and that agency's duties; and provisions for the Marine Mammal Health and Stranding Response Program, including funding for standing response and unusual mortality events. The Act's 1972 Legislative History is also included.
MMPA Legislative History
U.S.C.C.A.N 4144, 1971 WL 11285 (Leg.Hist.)
1981 U.S.C.C.A.N. 1458
1988 WL 169926(Leg.Hist)
Subchapter I. Generally
§ 1361 . Congressional findings and declaration of policy
§ 1362 . Definitions
Subchapter II. Conservation and Protection of Marine Mammals.
§ 1371 . Moratorium on taking and importing marine mammals and marine mammal products
§ 1372 . Prohibitions
§ 1373 . Regulations on taking of marine mammals
§ 1374 . Permits
§ 1375 . Penalties
§ 1375a . Use of fines for protection and recovery of manatees, polar bears, sea otters, and walruses
§ 1376 . Seizure and forfeiture of cargo
§ 1377 . Enforcement
§ 1378 . International program
§ 1379 . Transfer of management authority
§ 1380 . Marine mammal research grants
§ 1381 . Commercial fisheries gear development
§ 1382 . Regulations and administration
§ 1383 . Application to other treaties and conventions
§ 1383a . Interim exemption for commercial fisheries
§ 1383b . Status review; conservation plans
§ 1384 . Authorization of appropriations
§ 1385 . Dolphin protection
§ 1386 . Stock assessments
§ 1387 . Taking of marine mammals incidental to commercial fishing operations
§ 1388 . Marine mammal cooperative agreements in Alaska
§ 1389 . Pacific Coast Task Force; Gulf of Maine
Subchapter III. Marine Mammal Commission
§ 1401 . Establishment
§ 1402 . Duties of Commission
§ 1403 . Committee of Scientific Advisors on Marine Mammals
§ 1404 . Omitted
§ 1405 . Coordination with other Federal agencies
§ 1406 . Administration
Subchapter IV. International Dolphin Conservation Program.
§ 1411 . Findings and policy
§ 1412 . International Dolphin Conservation Program
§ 1413 . Regulatory authority of Secretary
§ 1414 . Repealed. Pub.L. 105-42, § 6(c), Aug. 15, 1997, 111 Stat. 1130
§ 1414a . Research
§ 1415 . Reports by Secretary
§ 1418 . Repealed. Pub.L. 105-42, § 6(e), Aug. 15, 1997, 111 Stat. 1137
Subchapter V. Marine Mammal Health and Stranding Response.
§ 1421 . Establishment of Program
§ 1421a . Determination; data collection and dissemination
§ 1421b . Stranding response agreements
§ 1421c . Unusual mortality event response
§ 1421d . Unusual mortality event activity funding
§ 1421e . Liability
§ 1421f . National Marine Mammal Tissue Bank and tissue analysis
§ 1421f-1 . John H. Prescott Marine Mammal Rescue Assistance Grant Program
§ 1421g . Authorization of appropriations
§ 1421h . Definitions
Subchapter VI. Polar Bears
§ 1423a . Prohibitions
§ 1423b . Administration
§ 1423c . Cooperative management agreement; authority to delegate enforcement authority
§ 1423d . Commission appointments; compensation, travel expenses, and claims
§ 1423e . Votes taken by the United States section on matters before the Commission
§ 1423f . Implementation of actions taken by the Commission
§ 1423g . Application with other subchapters of chapter
§ 1423h . Authorization of appropriations
§ 1361. Congressional findings and declaration of policy
The Congress finds that--
(1) certain species and population stocks of marine mammals are, or may be, in danger of extinction or depletion as a result of man's activities;
(2) such species and population stocks should not be permitted to diminish beyond the point at which they cease to be a significant functioning element in the ecosystem of which they are a part, and, consistent with this major objective, they should not be permitted to diminish below their optimum sustainable population. Further measures should be immediately taken to replenish any species or population stock which has already diminished below that population. In particular, efforts should be made to protect essential habitats, including the rookeries, mating grounds, and areas of similar significance for each species of marine mammal from the adverse effect of man's actions;
(3) there is inadequate knowledge of the ecology and population dynamics of such marine mammals and of the factors which bear upon their ability to reproduce themselves successfully;
(4) negotiations should be undertaken immediately to encourage the development of international arrangements for research on, and conservation of, all marine mammals;
(5) marine mammals and marine mammal products either--
(A) move in interstate commerce, or
(B) affect the balance of marine ecosystems in a manner which is important to other animals and animal products which move in interstate commerce,
and that the protection and conservation of marine mammals and their habitats is therefore necessary to insure the continuing availability of those products which move in interstate commerce; and
(6) marine mammals have proven themselves to be resources of great international significance, esthetic and recreational as well as economic, and it is the sense of the Congress that they should be protected and encouraged to develop to the greatest extent feasible commensurate with sound policies of resource management and that the primary objective of their management should be to maintain the health and stability of the marine ecosystem. Whenever consistent with this primary objective, it should be the goal to obtain an optimum sustainable population keeping in mind the carrying capacity of the habitat.
CREDIT(S)
(Pub.L. 92-522, § 2, Oct. 21, 1972, 86 Stat. 1027; Pub.L. 97-58, § 1(b)(1), Oct. 9, 1981, 95 Stat. 979; Pub.L. 103-238, § 3, Apr. 30, 1994, 108 Stat. 532.)
§ 1362. Definitions
For the purposes of this chapter--
(1) The term “depletion” or “depleted” means any case in which--
(A) the Secretary, after consultation with the Marine Mammal Commission and the Committee of Scientific Advisors on Marine Mammals established under subchapter III of this chapter, determines that a species or population stock is below its optimum sustainable population;
(B) a State, to which authority for the conservation and management of a species or population stock is transferred under section 1379 of this title, determines that such species or stock is below its optimum sustainable population; or
(C) a species or population stock is listed as an endangered species or a threatened species under the Endangered Species Act of 1973 [16 U.S.C.A. § 1531 et seq.].
(2) The terms “conservation” and “management” mean the collection and application of biological information for the purposes of increasing and maintaining the number of animals within species and populations of marine mammals at their optimum sustainable population. Such terms include the entire scope of activities that constitute a modern scientific resource program, including, but not limited to, research, census, law enforcement, and habitat acquisition and improvement. Also included within these terms, when and where appropriate, is the periodic or total protection of species or populations as well as regulated taking.
(3) The term “district court of the United States” includes the District Court of Guam, District Court of the Virgin Islands, District Court of Puerto Rico, District Court of the Canal Zone, and, in the case of American Samoa and the Trust Territory of the Pacific Islands, the District Court of the United States for the District of Hawaii.
(4) The term “humane” in the context of the taking of a marine mammal means that method of taking which involves the least possible degree of pain and suffering practicable to the mammal involved.
(5) The term “intermediary nation” means a nation that exports yellowfin tuna or yellowfin tuna products to the United States and that imports yellowfin tuna or yellowfin tuna products that are subject to a direct ban on importation into the United States pursuant to section 1371(a)(2)(B) of this title.
(6) The term “marine mammal” means any mammal which (A) is morphologically adapted to the marine environment (including sea otters and members of the orders Sirenia, Pinnipedia and Cetacea), or (B) primarily inhabits the marine environment (such as the polar bear); and, for the purposes of this chapter, includes any part of any such marine mammal, including its raw, dressed, or dyed fur or skin.
(7) The term “marine mammal product” means any item of merchandise which consists, or is composed in whole or in part, of any marine mammal.
(8) The term “moratorium” means a complete cessation of the taking of marine mammals and a complete ban on the importation into the United States of marine mammals and marine mammal products, except as provided in this chapter.
(9) The term “optimum sustainable population” means, with respect to any population stock, the number of animals which will result in the maximum productivity of the population or the species, keeping in mind the carrying capacity of the habitat and the health of the ecosystem of which they form a constituent element.
(10) The term “person” includes (A) any private person or entity, and (B) any officer, employee, agent, department, or instrumentality of the Federal Government, of any State or political subdivision thereof, or of any foreign government.
(11) The term “population stock” or “stock” means a group of marine mammals of the same species or smaller taxa in a common spatial arrangement, that interbreed when mature.
(12)(A) Except as provided in subparagraph (B), the term “Secretary” means--
(i) the Secretary of the department in which the National Oceanic and Atmospheric Administration is operating, as to all responsibility, authority, funding, and duties under this chapter with respect to members of the order Cetacea and members, other than walruses, of the order Pinnipedia, and
(ii) the Secretary of the Interior as to all responsibility, authority, funding, and duties under this chapter with respect to all other marine mammals covered by this chapter.
(B) in [FN1] section 1387 of this title and subchapter V of this chapter (other than section 1421f-1 of this title) the term “Secretary” means the Secretary of Commerce.
(13) The term “take” means to harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal.
(14) The term “United States” includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, American Samoa, Guam, and Northern Mariana Islands.
(15) The term “waters under the jurisdiction of the United States” means--
(A) the territorial sea of the United States;
(B) the waters included within a zone, contiguous to the territorial sea of the United States, of which the inner boundary is a line coterminous with the seaward boundary of each coastal State, and the other boundary is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured; and
(C) the areas referred to as eastern special areas in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990; in particular, those areas east of the maritime boundary, as defined in that Agreement, that lie within 200 nautical miles of the baselines from which the breadth of the territorial sea of Russia is measured but beyond 200 nautical miles of the baselines from which the breadth of the territorial sea of the United States is measured, except that this subparagraph shall not apply before the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for the United States.
(16) The term “fishery” means--
(A) one or more stocks of fish which can be treated as a unit for purposes of conservation and management and which are identified on the basis of geographical, scientific, technical, recreational, and economic characteristics; and
(B) any fishing for such stocks.
(17) The term “competent regional organization”--
(A) for the tuna fishery in the eastern tropical Pacific Ocean, means the Inter-American Tropical Tuna Commission; and
(B) in any other case, means an organization consisting of those nations participating in a tuna fishery, the purpose of which is the conservation and management of that fishery and the management of issues relating to that fishery.
(18)(A) The term “harassment” means any act of pursuit, torment, or annoyance which--
(i) has the potential to injure a marine mammal or marine mammal stock in the wild; or
(ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering.
(B) In the case of a military readiness activity (as defined in section 315(f) of Public Law 107-314; 16 U.S.C. 703 note) or a scientific research activity conducted by or on behalf of the Federal Government consistent with section 1374(c)(3) of this title, the term “harassment” means--
(i) any act that injures or has the significant potential to injure a marine mammal or marine mammal stock in the wild; or
(ii) any act that disturbs or is likely to disturb a marine mammal or marine mammal stock in the wild by causing disruption of natural behavioral patterns, including, but not limited to, migration, surfacing, nursing, breeding, feeding, or sheltering, to a point where such behavioral patterns are abandoned or significantly altered.
(C) The term “Level A harassment” means harassment described in subparagraph (A)(i) or, in the case of a military readiness activity or scientific research activity described in subparagraph (B), harassment described in subparagraph (B)(i).
(D) The term “Level B harassment” means harassment described in subparagraph (A)(ii) or, in the case of a military readiness activity or scientific research activity described in subparagraph (B), harassment described in subparagraph (B)(ii).
(19) The term “strategic stock” means a marine mammal stock--
(A) for which the level of direct human-caused mortality exceeds the potential biological removal level;
(B) which, based on the best available scientific information, is declining and is likely to be listed as a threatened species under the Endangered Species Act of 1973 [16 U.S.C.A. § 1531 et seq.] within the foreseeable future; or
(C) which is listed as a threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), or is designated as depleted under this chapter.
(20) The term “potential biological removal level” means the maximum number of animals, not including natural mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population. The potential biological removal level is the product of the following factors:
(A) The minimum population estimate of the stock.
(B) One-half the maximum theoretical or estimated net productivity rate of the stock at a small population size.
(C) A recovery factor of between 0.1 and 1.0.
(21) The term “Regional Fishery Management Council” means a Regional Fishery Management Council established under section 1852 of this title.
(22) The term “bona fide research” means scientific research on marine mammals, the results of which--
(A) likely would be accepted for publication in a referred scientific journal;
(B) are likely to contribute to the basic knowledge of marine mammal biology or ecology; or
(C) are likely to identify, evaluate, or resolve conservation problems.
(23) The term “Alaska Native organization” means a group designated by law or formally chartered which represents or consists of Indians, Aleuts, or Eskimos residing in Alaska.
(24) The term “take reduction plan” means a plan developed under section 1387 of this title.
(25) The term “take reduction team” means a team established under section 1387 of this title.
(26) The term “net productivity rate” means the annual per capita rate of increase in a stock resulting from additions due to reproduction, less losses due to mortality.
(27) The term “minimum population estimate” means an estimate of the number of animals in a stock that--
(A) is based on the best available scientific information on abundance, incorporating the precision and variability associated with such information; and
(B) provides reasonable assurance that the stock size is equal to or greater than the estimate.
(28) The term “International Dolphin Conservation Program” means the international program established by the agreement signed in LaJolla, California, in June, 1992, as formalized, modified, and enhanced in accordance with the Declaration of Panama.
(29) The term “Declaration of Panama” means the declaration signed in Panama City, Republic of Panama, on October 4, 1995.
(Pub.L. 92-522, § 3, Oct. 21, 1972, 86 Stat. 1028; Pub.L. 93-205, § 13(e)(1), Dec. 28, 1973, 87 Stat. 903; Pub.L. 94-265, Title IV, § 404(a), Apr. 13, 1976, 90 Stat. 360; Pub.L. 97-58, § 1(a), (b)(2), Oct. 9, 1981, 95 Stat. 979; Pub.L. 102-251, Title III, § 304, Mar. 9, 1992, 106 Stat. 65; Pub.L. 102-523, § 2(c), Oct. 26, 1992, 106 Stat. 3432; Pub.L. 102-582, Title IV, § 401(a), Nov. 2, 1992, 106 Stat. 4909; Pub.L. 102-587, Title III, § 3004(b), Nov. 4, 1992, 106 Stat. 5067; Pub.L. 103-238, §§ 12, 16(a), 24(a)(2), Apr. 30, 1994, 108 Stat. 557, 559, 565; Pub.L. 104-208, Div. A, Title I, § 101(a) [Title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009-41; Pub.L. 104-297, Title IV, § 405(b)(2), (3), Oct. 11, 1996, 110 Stat. 3621; Pub.L. 105-42, § 3, Aug. 15, 1997, 111 Stat. 1123; Pub.L. 106-555, Title II, § 202(b), Dec. 21, 2000, 114 Stat. 2768; Pub.L. 108-136, Div. A, Title III, § 319(a), Nov. 24, 2003, 117 Stat. 1433.)
[FN1] So in original. Probably should be capitalized.
Subchapter II. Conservation and Protection of Marine Mammals
§ 1371. Moratorium on taking and importing marine mammals and marine mammal products
(a) Imposition; exceptions
There shall be a moratorium on the taking and importation of marine mammals and marine mammal products, commencing on the effective date of this chapter, during which time no permit may be issued for the taking of any marine mammal and no marine mammal or marine mammal product may be imported into the United States except in the following cases:
(1) Consistent with the provisions of section 1374 of this title, permits may be issued by the Secretary for taking, and importation for purposes of scientific research, public display, photography for educational or commercial purposes, or enhancing the survival or recovery of a species or stock, or for importation of polar bear parts (other than internal organs) taken in sport hunts in Canada. Such permits, except permits issued under section 1374(c)(5) of this title, may be issued if the taking or importation proposed to be made is first reviewed by the Marine Mammal Commission and the Committee of Scientific Advisors on Marine Mammals established under subchapter III. The Commission and Committee shall recommend any proposed taking or importation, other than importation under section 1374(c)(5) of this title, which is consistent with the purposes and policies of section 1361 of this title. If the Secretary issues such a permit for importation, the Secretary shall issue to the importer concerned a certificate to that effect in such form as the Secretary of the Treasury prescribes, and such importation may be made upon presentation of the certificate to the customs officer concerned.
(2) Marine mammals may be taken incidentally in the course of commercial fishing operations and permits may be issued therefor under section 1374 of this title subject to regulations prescribed by the Secretary in accordance with section 1373 of this title, or in lieu of such permits, authorizations may be granted therefor under section 1387 of this title, subject to regulations prescribed under that section by the Secretary without regard to section 1373 of this title. Such authorizations may be granted under subchapter IV with respect to purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean, subject to regulations prescribed under that subchapter by the Secretary without regard to section 1373 of this title. In any event it shall be the immediate goal that the incidental kill or incidental serious injury of marine mammals permitted in the course of commercial fishing operations be reduced to insignificant levels approaching a zero mortality and serious injury rate. The Secretary of the Treasury shall ban the importation of commercial fish or products from fish which have been caught with commercial fishing technology which results in the incidental kill or incidental serious injury of ocean mammals in excess of United States standards. For purposes of applying the preceding sentence, the Secretary--
(A) shall insist on reasonable proof from the government of any nation from which fish or fish products will be exported to the United States of the effects on ocean mammals of the commercial fishing technology in use for such fish or fish products exported from such nation to the United States;
(B) in the case of yellowfin tuna harvested with purse seine nets in the eastern tropical Pacific Ocean, and products therefrom, to be exported to the United States, shall require that the government of the exporting nation provide documentary evidence that--
(i)(I) the tuna or products therefrom were not banned from importation under this paragraph before the effective date of section 4 of the International Dolphin Conservation Program Act; or
(II) the tuna or products therefrom were harvested after the effective date of section 4 of the International Dolphin Conservation Program Act by vessels of a nation which participates in the International Dolphin Conservation Program, and such harvesting nation is either a member of the Inter-American Tropical Tuna Commission or has initiated (and within 6 months thereafter completed) all steps required of applicant nations, in accordance with article V, paragraph 3 of the Convention establishing the Inter-American Tropical Tuna Commission, to become a member of that organization;
(ii) such nation is meeting the obligations of the International Dolphin Conservation Program and the obligations of membership in the Inter-American Tropical Tuna Commission, including all financial obligations; and
(iii) the total dolphin mortality limits, and per-stock per-year dolphin mortality limits permitted for that nation's vessels under the International Dolphin Conservation Program do not exceed the limits determined for 1997, or for any year thereafter, consistent with the objective of progressively reducing dolphin mortality to a level approaching zero through the setting of annual limits and the goal of eliminating dolphin mortality, and requirements of the International Dolphin Conservation Program;
(C) shall not accept such documentary evidence if--
(i) the government of the harvesting nation does not provide directly or authorize the Inter-American Tropical Tuna Commission to release complete and accurate information to the Secretary in a timely manner--
(I) to allow determination of compliance with the International Dolphin Conservation Program; and
(II) for the purposes of tracking and verifying compliance with the minimum requirements established by the Secretary in regulations promulgated under section 1385(f) of this title; or
(ii) after taking into consideration such information, findings of the Inter-American Tropical Tuna Commission, and any other relevant information, including information that a nation is consistently failing to take enforcement actions on violations which diminish the effectiveness of the International Dolphin Conservation Program, the Secretary, in consultation with the Secretary of State, finds that the harvesting nation is not in compliance with the International Dolphin Conservation Program.
(D) shall require the government of any intermediary nation to certify and provide reasonable proof to the Secretary that it has not imported, within the preceding six months, any yellowfin tuna or yellowfin tuna products that are subject to a direct ban on importation to the United States under subparagraph (B);
(E) shall, six months after importation of yellowfin tuna or tuna products has been banned under this section, certify such fact to the President, which certification shall be deemed to be a certification for the purposes of section 1978(a) of Title 22 for as long as such ban is in effect; and
(F)(i) except as provided in clause (ii), in the case of fish or products containing fish harvested by a nation whose fishing vessels engage in high seas driftnet fishing, shall require that the government of the exporting nation provide documentary evidence that the fish or fish product was not harvested with a large-scale driftnet in the South Pacific Ocean after July 1, 1991, or in any other water of the high seas after January 1, 1993, and
(ii) in the case of tuna or a product containing tuna harvested by a nation whose fishing vessels engage in high seas driftnet fishing, shall require that the government of the exporting nation provide documentary evidence that the tuna or tuna product was not harvested with a large-scale driftnet anywhere on the high seas after July 1, 1991.
For purposes of subparagraph (F), the term “driftnet” has the meaning given such term in section 4003 of the Driftnet Impact Monitoring, Assessment, and Control Act of 1987 (16 U.S.C. 1822 note), except that, until January 1, 1994, the term “driftnet” does not include the use in the northeast Atlantic Ocean of gillnets with a total length not to exceed five kilometers if the use is in accordance with regulations adopted by the European Community pursuant to the October 28, 1991, decision by the Council of Fisheries Ministers of the Community.
(3)(A) The Secretary, on the basis of the best scientific evidence available and in consultation with the Marine Mammal Commission, is authorized and directed, from time to time, having due regard to the distribution, abundance, breeding habits, and times and lines of migratory movements of such marine mammals, to determine when, to what extent, if at all, and by what means, it is compatible with this chapter to waive the requirements of this section so as to allow taking, or importing of any marine mammal, or any marine mammal product, and to adopt suitable regulations, issue permits, and make determinations in accordance with sections 1372, 1373, 1374, and 1381 of this title permitting and governing such taking and importing, in accordance with such determinations: Provided, however, That the Secretary, in making such determinations, must be assured that the taking of such marine mammal is in accord with sound principles of resource protection and conservation as provided in the purposes and policies of this chapter: Provided further, however, That no marine mammal or no marine mammal product may be imported into the United States unless the Secretary certifies that the program for taking marine mammals in the country of origin is consistent with the provisions and policies of this chapter. Products of nations not so certified may not be imported into the United States for any purpose, including processing for exportation.
(B) Except for scientific research purposes, photography for educational or commercial purposes, or enhancing the survival or recovery of a species or stock as provided for in paragraph (1) of this subsection, or as provided for under paragraph (5) of this subsection, during the moratorium no permit may be issued for the taking of any marine mammal which has been designated by the Secretary as depleted, and no importation may be made of any such mammal.
(4)(A) Except as provided in subparagraphs (B) and (C), the provisions of this chapter shall not apply to the use of measures--
(i) by the owner of fishing gear or catch, or an employee or agent of such owner, to deter a marine mammal from damaging the gear or catch;
(ii) by the owner of other private property, or an agent, bailee, or employee of such owner, to deter a marine mammal from damaging private property;
(iii) by any person, to deter a marine mammal from endangering personal safety; or
(iv) by a government employee, to deter a marine mammal from damaging public property, so long as such measures do not result in the death or serious injury of a marine mammal.
(B) The Secretary shall, through consultation with appropriate experts, and after notice and opportunity for public comment, publish in the Federal Register a list of guidelines for use in safely deterring marine mammals. In the case of marine mammals listed as endangered species or threatened species under the Endangered Species Act of 1973, the Secretary shall recommend specific measures which may be used to nonlethally deter marine mammals. Actions to deter marine mammals consistent with such guidelines or specific measures shall not be a violation of this chapter.
(C) If the Secretary determines, using the best scientific information available, that certain forms of deterrence have a significant adverse effect on marine mammals, the Secretary may prohibit such deterrent methods, after notice and opportunity for public comment, through regulation under this chapter.
(D) The authority to deter marine mammals pursuant to subparagraph (A) applies to all marine mammals, including all stocks designated as depleted under this chapter.
(5)(A)(i) Except as provided by clause (ii), upon request therefor by citizens of the United States who engage in a specified activity (other than commercial fishing) within a specified geographical region, the Secretary shall allow, during periods of not more than five consecutive years each, the incidental, but not intentional, taking by citizens while engaging in that activity within that region of small numbers of marine mammals of a species or population stock if the Secretary, after notice (in the Federal Register and in newspapers of general circulation, and through appropriate electronic media, in the coastal areas that may be affected by such activity) and opportunity for public comment--
(I) finds that the total of such taking during each five-year (or less) period concerned will have a negligible impact on such species or stock and will not have an unmitigable adverse impact on the availability of such species or stock for taking for subsistence uses pursuant to subsection (b) or section 1379(f) of this title or, in the case of a cooperative agreement under both this chapter and the Whaling Convention Act of 1949, pursuant to section 1382(c) of this title; and
(II) prescribes regulations setting forth--
(aa) permissible methods of taking pursuant to such activity, and other means of effecting the least practicable adverse impact on such species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stock for subsistence uses; and
(bb) requirements pertaining to the monitoring and reporting of such taking.
(ii) In the case of a military readiness activity (as defined in section 315(f) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 16 U.S.C. 703 note), clause (i) shall be applied--
(I) in the matter preceding clause (I), by substituting “seven consecutive years” for “five consecutive years”; and
(II) in clause (I), by substituting “seven-year” for “five-year”.
(iii) For a military readiness activity (as defined in section 315(f) of Public Law 107-314; 16 U.S.C. 703 note), a determination of “least practicable adverse impact on such species or stock” under clause (i)(II)(aa) shall include consideration of personnel safety, practicality of implementation, and impact on the effectiveness of the military readiness activity. Before making the required determination, the Secretary shall consult with the Department of Defense regarding personnel safety, practicality of implementation, and impact on the effectiveness of the military readiness activity.
(iv) Notwithstanding clause (i), for any authorization affecting a military readiness activity (as defined in section 315(f) of Public Law 107-314; 16 U.S.C. 703 note), the Secretary shall publish the notice required by such clause only in the Federal Register.
(B) The Secretary shall withdraw, or suspend for a time certain (either on an individual or class basis, as appropriate) the permission to take marine mammals under subparagraph (A) pursuant to a specified activity within a specified geographical region if the Secretary finds, after notice and opportunity for public comment (as required under subparagraph (A) unless subparagraph (C)(i) applies), that--
(i) the regulations prescribed under subparagraph (A) regarding methods of taking, monitoring, or reporting are not being substantially complied with by a person engaging in such activity; or
(ii) the taking allowed under subparagraph (A) pursuant to one or more activities within one or more regions is having, or may have, more than a negligible impact on the species or stock concerned.
(C)(i) The requirement for notice and opportunity for public comment in subparagraph (B) shall not apply in the case of a suspension of permission to take if the Secretary determines that an emergency exists which poses a significant risk to the well-being of the species or stock concerned.
(ii) Sections 1373 and 1374 of this title shall not apply to the taking of marine mammals under the authority of this paragraph.
(D)(i) Upon request therefor by citizens of the United States who engage in a specified activity (other than commercial fishing) within a specific geographic region, the Secretary shall authorize, for periods of not more than 1 year, subject to such conditions as the Secretary may specify, the incidental, but not intentional, taking by harassment of small numbers of marine mammals of a species or population stock by such citizens while engaging in that activity within that region if the Secretary finds that such harassment during each period concerned--
(I) will have a negligible impact on such species or stock, and
(II) will not have an unmitigable adverse impact on the availability of such species or stock for taking for subsistence uses pursuant to subsection (b), or section 1379(f) of this title or pursuant to a cooperative agreement under section 1388 of this title.
(ii) The authorization for such activity shall prescribe, where applicable--
(I) permissible methods of taking by harassment pursuant to such activity, and other means of effecting the least practicable impact on such species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stock for taking for subsistence uses pursuant to subsection (b) or section 1379(f) of this title or pursuant to a cooperative agreement under section 1388 of this title,
(II) the measures that the Secretary determines are necessary to ensure no unmitigable adverse impact on the availability of the species or stock for taking for subsistence uses pursuant to subsection (b) or section 1379(f) of this title or pursuant to a cooperative agreement under section 1388 of this title, and
(III) requirements pertaining to the monitoring and reporting of such taking by harassment, including requirements for the independent peer review of proposed monitoring plans or other research proposals where the proposed activity may affect the availability of a species or stock for taking for subsistence uses pursuant to subsection (b) or section 1379(f) of this title or pursuant to a cooperative agreement under section 1388 of this title.
(iii) The Secretary shall publish a proposed authorization not later than 45 days after receiving an application under this subparagraph and request public comment through notice in the Federal Register, newspapers of general circulation, and appropriate electronic media and to all locally affected communities for a period of 30 days after publication. Not later than 45 days after the close of the public comment period, if the Secretary makes the findings set forth in clause (i), the Secretary shall issue an authorization with appropriate conditions to meet the requirements of clause (ii).
(iv) The Secretary shall modify, suspend, or revoke an authorization if the Secretary finds that the provisions of clauses (i) or (ii) are not being met.
(v) A person conducting an activity for which an authorization has been granted under this subparagraph shall not be subject to the penalties of this chapter for taking by harassment that occurs in compliance with such authorization.
(vi) For a military readiness activity (as defined in section 315(f) of Public Law 107-314; 16 U.S.C. 703 note), a determination of “least practicable adverse impact on such species or stock” under clause (i)(I)1 shall include consideration of personnel safety, practicality of implementation, and impact on the effectiveness of the military readiness activity. Before making the required determination, the Secretary shall consult with the Department of Defense regarding personnel safety, practicality of implementation, and impact on the effectiveness of the military readiness activity.
(vii) Notwithstanding clause (iii), for any authorization affecting a military readiness activity (as defined in section 315(f) of Public Law 107-314; 16 U.S.C. 703 note), the Secretary shall publish the notice required by such clause only in the Federal Register.
(E)(i) During any period of up to 3 consecutive years, the Secretary shall allow the incidental, but not the intentional, taking by persons using vessels of the United States or vessels which have valid fishing permits issued by the Secretary in accordance with section 1824(b) of this title, while engaging in commercial fishing operations, of marine mammals from a species or stock designated as depleted because of its listing as an endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) if the Secretary, after notice and opportunity for public comment, determines that--
(I) the incidental mortality and serious injury from commercial fisheries will have a negligible impact on such species or stock;
(II) a recovery plan has been developed or is being developed for such species or stock pursuant to the Endangered Species Act of 1973; and
(III) where required under section 1387 of this title, a monitoring program is established under subsection (d) of such section, vessels engaged in such fisheries are registered in accordance with such section, and a take reduction plan has been developed or is being developed for such species or stock.
(ii) Upon a determination by the Secretary that the requirements of clause (i) have been met, the Secretary shall publish in the Federal Register a list of those fisheries for which such determination was made, and, for vessels required to register under section 1387 of this title, shall issue an appropriate permit for each authorization granted under such section to vessels to which this paragraph applies. Vessels engaged in a fishery included in the notice published by the Secretary under this clause which are not required to register under section 1387 of this title shall not be subject to the penalties of this chapter for the incidental taking of marine mammals to which this paragraph applies, so long as the owner or master of such vessel reports any incidental mortality or injury of such marine mammals to the Secretary in accordance with section 1387 of this title.
(iii) If, during the course of the commercial fishing season, the Secretary determines that the level of incidental mortality or serious injury from commercial fisheries for which a determination was made under clause (i) has resulted or is likely to result in an impact that is more than negligible on the endangered or threatened species or stock, the Secretary shall use the emergency authority granted under section 1387 of this title to protect such species or stock, and may modify any permit granted under this paragraph as necessary.
(iv) The Secretary may suspend for a time certain or revoke a permit granted under this subparagraph only if the Secretary determines that the conditions or limitations set forth in such permit are not being complied with. The Secretary may amend or modify, after notice and opportunity for public comment, the list of fisheries published under clause (ii) whenever the Secretary determines there has been a significant change in the information or conditions used to determine such list.
(v) Sections 1373 and 1374 of this title shall not apply to the taking of marine mammals under the authority of this subparagraph.
(vi) This subparagraph shall not govern the incidental taking of California sea otters and shall not be deemed to amend or repeal the Act of November 7, 1986 (Public Law 99-625; 100 Stat. 3500).
(F) Notwithstanding the provisions of this subsection, any authorization affecting a military readiness activity (as defined in section 315(f) of Public Law 107-314; 16 U.S.C. 703 note) shall not be subject to the following requirements:
(i) In subparagraph (A), “within a specified geographical region” and “within that region of small numbers”.
(ii) In subparagraph (B), “within a specified geographical region” and “within one or more regions”.
(iii) In subparagraph (D), “within a specific geographic region”, “of small numbers”, and “within that region”.
(6)(A) A marine mammal product may be imported into the United States if the product--
(i) was legally possessed and exported by any citizen of the United States in conjunction with travel outside the United States, provided that the product is imported into the United States by the same person upon the termination of travel;
(ii) was acquired outside of the United States as part of a cultural exchange by an Indian, Aleut, or Eskimo residing in Alaska; or
(iii) is owned by a Native inhabitant of Russia, Canada, or Greenland and is imported for noncommercial purposes in conjunction with travel within the United States or as part of a cultural exchange with an Indian, Aleut, or Eskimo residing in Alaska.
(B) For the purposes of this paragraph, the term--
(i) “Native inhabitant of Russia, Canada, or Greenland” means a person residing in Russia, Canada, or Greenland who is related by blood, is a member of the same clan or ethnological grouping, or shares a common heritage with an Indian, Aleut, or Eskimo residing in Alaska; and
(ii) “cultural exchange” means the sharing or exchange of ideas, information, gifts, clothing, or handicrafts between an Indian, Aleut, or Eskimo residing in Alaska and a Native inhabitant of Russia, Canada, or Greenland, including rendering of raw marine mammal parts as part of such exchange into clothing or handicrafts through carving, painting, sewing, or decorating.
(b) Exemptions for Alaskan natives
Except as provided in section 1379 of this title, the provisions of this chapter shall not apply with respect to the taking of any marine mammal by any Indian, Aleut, or Eskimo who resides in Alaska and who dwells on the coast of the North Pacific Ocean or the Arctic Ocean if such taking--
(1) is for subsistence purposes; or
(2) is done for purposes of creating and selling authentic native articles of handicrafts and clothing: Provided, That only authentic native articles of handicrafts and clothing may be sold in interstate commerce: And provided further, That any edible portion of marine mammals may be sold in native villages and towns in Alaska or for native consumption. For the purposes of this subsection, the term “authentic native articles of handicrafts and clothing” means items composed wholly or in some significant respect of natural materials, and which are produced, decorated, or fashioned in the exercise of traditional native handicrafts without the use of pantographs, multiple carvers, or other mass copying devices. Traditional native handicrafts include, but are not limited to weaving, carving, stitching, sewing, lacing, beading, drawing and painting; and
(3) in each case, is not accomplished in a wasteful manner.
Notwithstanding the preceding provisions of this subsection, when, under this chapter, the Secretary determines any species or stock of marine mammal subject to taking by Indians, Aleuts, or Eskimos to be depleted, he may prescribe regulations upon the taking of such marine mammals by any Indian, Aleut, or Eskimo described in this subsection. Such regulations may be established with reference to species or stocks, geographical description of the area included, the season for taking, or any other factors related to the reason for establishing such regulations and consistent with the purposes of this chapter. Such regulations shall be prescribed after notice and hearing required by section 1373 of this title and shall be removed as soon as the Secretary determines that the need for their imposition has disappeared. In promulgating any regulation or making any assessment pursuant to a hearing or proceeding under this subsection or section 1386(b)(2) of this title, or in making any determination of depletion under this subsection or finding regarding unmitigable adverse impacts under subsection (a)(5) that affects stocks or persons to which this subsection applies, the Secretary shall be responsible for demonstrating that such regulation, assessment, determination, or finding is supported by substantial evidence on the basis of the record as a whole. The preceding sentence shall only be applicable in an action brought by one or more Alaska Native organizations representing persons to which this subsection applies.
(c) Taking in defense of self or others
It shall not be a violation of this chapter to take a marine mammal if such taking is imminently necessary in self-defense or to save the life of a person in immediate danger, and such taking is reported to the Secretary within 48 hours. The Secretary may seize and dispose of any carcass.
(d) Good Samaritan exemption
It shall not be a violation of this chapter to take a marine mammal if--
(1) such taking is imminently necessary to avoid serious injury, additional injury, or death to a marine mammal entangled in fishing gear or debris;
(2) reasonable care is taken to ensure the safe release of the marine mammal, taking into consideration the equipment, expertise, and conditions at hand;
(3) reasonable care is exercised to prevent any further injury to the marine mammal; and
(4) such taking is reported to the Secretary within 48 hours.
(e) Chapter not to apply to incidental takings by United States citizens employed on foreign vessels outside the United States EEZ
The provisions of this chapter shall not apply to a citizen of the United States who incidentally takes any marine mammal during fishing operations outside the United States exclusive economic zone (as defined in section 1802 of this title) when employed on a foreign fishing vessel of a harvesting nation which is in compliance with the International Dolphin Conservation Program.
(f) Exemption of actions necessary for national defense
(1) The Secretary of Defense, after conferring with the Secretary of Commerce, the Secretary of the Interior, or both, as appropriate, may exempt any action or category of actions undertaken by the Department of Defense or its components from compliance with any requirement of this chapter, if the Secretary determines that it is necessary for national defense.
(2) An exemption granted under this subsection--
(A) subject to subparagraph (B), shall be effective for a period specified by the Secretary of Defense; and
(B) shall not be effective for more than 2 years.
(3)(A) The Secretary of Defense may issue additional exemptions under this subsection for the same action or category of actions, after--
(i) conferring with the Secretary of Commerce, the Secretary of the Interior, or both as appropriate; and
(ii) making a new determination that the additional exemption is necessary for national defense.
(B) Each additional exemption under this paragraph shall be effective for a period specified by the Secretary of Defense, of not more than 2 years.
(4) Not later than 30 days after issuing an exemption under paragraph (1) or an additional exemption under paragraph (3), the Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate notice describing the exemption and the reasons therefor. The notice may be provided in classified form if the Secretary of Defense determines that use of the classified form is necessary for reasons of national security.
(Pub.L. 92-522, Title I, § 101, Oct. 21, 1972, 86 Stat. 1029; Pub.L. 93-205, § 13(e)(2), Dec. 28, 1973, 87 Stat. 903; Pub.L. 97-58, § 2, Oct. 9, 1981, 95 Stat. 979; Pub.L. 98-364, Title I, § 101, July 17, 1984, 98 Stat. 440; Pub.L. 99-659, Title IV, § 411(a), Nov. 14, 1986, 100 Stat. 3741; Pub.L. 100-711, §§ 4(a), 5(c), (e)(1), Nov. 23, 1988, 102 Stat. 4765, 4769, 4771; Pub.L. 101-627, Title IX, § 901(g), Nov. 28, 1990, 104 Stat. 4467; Pub.L. 102-582, Title I, § 103, Title IV, § 401(b), Nov. 2, 1992, 106 Stat. 4903, 4909; Pub.L. 103-238, § 4, Apr. 30, 1994, 108 Stat. 532; Pub.L. 104-208, Div. A, Title I, § 101(a) [Title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41; Pub.L. 105-18, Title II, § 2003, June 12, 1997, 111 Stat. 174; Pub.L. 105-42, § 4(a) to (c), Aug. 15, 1997, 111 Stat. 1123, 1124; Pub.L. 108-136, Div. A, Title III, § 319(b), (c), Nov. 24, 2003, 117 Stat. 1434; Pub.L. 115-232, Div. A, Title III, § 316, Aug. 13, 2018, 132 Stat. 1714.)
[FN1] So in original. Probably should be a reference to cl. (ii)(I).
§ 1372. Prohibitions
(a) Taking
Except as provided in sections 1371, 1373, 1374, 1379, 1381, 1383, 1383a, and 1387 of this title and subchapter V of this chapter, it is unlawful--
(1) for any person subject to the jurisdiction of the United States or any vessel or other conveyance subject to the jurisdiction of the United States to take any marine mammal on the high seas;
(2) except as expressly provided for by an international treaty, convention, or agreement to which the United States is a party and which was entered into before the effective date of this subchapter or by any statute implementing any such treaty, convention, or agreement--
(A) for any person or vessel or other conveyance to take any marine mammal in waters or on lands under the jurisdiction of the United States; or
(B) for any person to use any port, harbor, or other place under the jurisdiction of the United States to take or import marine mammals or marine mammal products; and
(3) for any person, with respect to any marine mammal taken in violation of this subchapter, to possess that mammal or any product from that mammal;
(4) for any person to transport, purchase, sell, export, or offer to purchase, sell, or export any marine mammal or marine mammal product--
(A) that is taken in violation of this chapter; or
(B) for any purpose other than public display, scientific research, or enhancing the survival of a species or stock as provided for under subsection 1374(c) of this title; and
(5) for any person to use, in a commercial fishery, any means or methods of fishing in contravention of any regulations or limitations, issued by the Secretary for that fishery to achieve the purposes of this chapter.
(b) Importation of pregnant or nursing mammals; depleted species or stock; inhumane taking
Except pursuant to a permit for scientific research, or for enhancing the survival or recovery of a species or stock, issued under section 1374(c) of this title, it is unlawful to import into the United States any marine mammal if such mammal was--
(1) pregnant at the time of taking;
(2) nursing at the time of taking, or less than eight months old, whichever occurs later;
(3) taken from a species or population stock which the Secretary has, by regulation published in the Federal Register, designated as a depleted species or stock; or
(4) taken in a manner deemed inhumane by the Secretary.
Notwithstanding the provisions of paragraphs (1) and (2), the Secretary may issue a permit for the importation of a marine mammal, if the Secretary determines that such importation is necessary for the protection or welfare of the animal.
(c) Importation of illegally taken mammals
It is unlawful to import into the United States any of the following:
(1) Any marine mammal which was--
(A) taken in violation of this subchapter; or
(B) taken in another country in violation of the law of that country.
(2) Any marine mammal product if--
(A) the importation into the United States of the marine mammal from which such product is made is unlawful under paragraph (1) of this subsection; or
(B) the sale in commerce of such product in the country of origin of the product is illegal;
(3) Any fish, whether fresh, frozen, or otherwise prepared, if such fish was caught in a manner which the Secretary has proscribed for persons subject to the jurisdiction of the United States, whether or not any marine mammals were in fact taken incident to the catching of the fish.
(d) Nonapplicability of prohibitions
Subsections (b) and (c) of this section shall not apply--
(1) in the case of marine mammals or marine mammal products, as the case may be, to which subsection (b) (3) of this section applies, to such items imported into the United States before the date on which the Secretary publishes notice in the Federal Register of his proposed rulemaking with respect to the designation of the species or stock concerned as depleted; or
(2) in the case of marine mammals or marine mammal products to which subsection (c)(1)(B) or (c)(2)(B) of this section applies, to articles imported into the United States before the effective date of the foreign law making the taking or sale, as the case may be, of such marine mammals or marine mammal products unlawful.
(e) Retroactive effect
This chapter shall not apply with respect to any marine mammal taken before the effective date of this chapter, or to any marine mammal product consisting of, or composed in whole or in part of, any marine mammal taken before such date.
(f) Commercial taking of whales
It is unlawful for any person or vessel or other conveyance to take any species of whale incident to commercial whaling in waters subject to the jurisdiction of the United States.
(Pub.L. 92-522, Title I, § 102, Oct. 21, 1972, 86 Stat. 1032; Pub.L. 93-205, § 13(e)(3), Dec. 28, 1973, 87 Stat. 903; Pub.L. 95-136, § 4, Oct. 18, 1977, 91 Stat. 1167; Pub.L. 97-58, § 3(a), Oct. 9, 1981, 95 Stat. 981; Pub.L. 100-711, §§ 2(b), 5(b), (e)(2), Nov. 23, 1988, 102 Stat. 4763, 4769, 4771; Pub.L. 102-587, Title III, § 3004(a)(1), Nov. 4, 1992, 106 Stat. 5067; Pub.L. 103-238, §§ 5(a), 13(c), 24(c)(9), Apr. 30, 1994, 108 Stat. 536, 558, 566.)
§ 1373. Regulations on taking of marine mammals
(a) Necessity and appropriateness
The Secretary, on the basis of the best scientific evidence available and in consultation with the Marine Mammal Commission, shall prescribe such regulations with respect to the taking and importing of animals from each species of marine mammal (including regulations on the taking and importing of individuals within population stocks) as he deems necessary and appropriate to insure that such taking will not be to the disadvantage of those species and population stocks and will be consistent with the purposes and policies set forth in section 1361 of this title.
(b) Factors considered in prescribing regulations
In prescribing such regulations, the Secretary shall give full consideration to all factors which may affect the extent to which such animals may be taken or imported, including but not limited to the effect of such regulations on--
(1) existing and future levels of marine mammal species and population stocks;
(2) existing international treaty and agreement obligations of the United States;
(3) the marine ecosystem and related environmental considerations;
(4) the conservation, development, and utilization of fishery resources; and
(5) the economic and technological feasibility of implementation.
(c) Allowable restrictions
The regulations prescribed under subsection (a) of this section for any species or population stock of marine mammal may include, but are not limited to, restrictions with respect to--
(1) the number of animals which may be taken or imported in any calendar year pursuant to permits issued under section 1374 of this title;
(2) the age, size, or sex (or any combination of the foregoing) of animals which may be taken or imported, whether or not a quota prescribed under paragraph (1) of this subsection applies with respect to such animals;
(3) the season or other period of time within which animals may be taken or imported;
(4) the manner and locations in which animals may be taken or imported; and
(5) fishing techniques which have been found to cause undue fatalities to any species of marine mammal in a fishery.
(d) Procedure
Regulations prescribed to carry out this section with respect to any species or stock of marine mammals must be made on the record after opportunity for an agency hearing on both the Secretary's determination to waive the moratorium pursuant to section 1371(a)(3)(A) of this title and on such regulations, except that, in addition to any other requirements imposed by law with respect to agency rulemaking, the Secretary shall publish and make available to the public either before or concurrent with the publication of notice in the Federal Register of his intention to prescribe regulations under this section--
(1) a statement of the estimated existing levels of the species and population stocks of the marine mammal concerned;
(2) a statement of the expected impact of the proposed regulations on the optimum sustainable population of such species or population stock;
(3) a statement describing the evidence before the Secretary upon which he proposes to base such regulations; and
(4) any studies made by or for the Secretary or any recommendations made by or for the Secretary or the Marine Mammal Commission which relate to the establishment of such regulations.
(e) Periodic review
Any regulation prescribed pursuant to this section shall be periodically reviewed, and may be modified from time to time in such manner as the Secretary deems consistent with and necessary to carry out the purposes of this chapter.
(f) Report to Congress
Within six months after the effective date of this chapter and every twelve months thereafter, the Secretary shall report to the public through publication in the Federal Register and to the Congress on the current status of all marine mammal species and population stocks subject to the provisions of this chapter. His report shall describe those actions taken and those measures believed necessary, including where appropriate, the issuance of permits pursuant to this subchapter to assure the well-being of such marine mammals.
(Pub.L. 92-522, Title I, § 103, Oct. 21, 1972, 86 Stat. 1033.)
§ 1374. Permits
(a) Issuance
The Secretary may issue permits which authorize the taking or importation of any marine mammal. Permits for the incidental taking of marine mammals in the course of commercial fishing operations may only be issued as specifically provided for in sections [FN1] 1371(a)(5) or 1416 of this title, or subsection (h) of this section.
(b) Requisite provisions
Any permit issued under this section shall--
(1) be consistent with any applicable regulation established by the Secretary under section 1373 of this title, and
(2) specify--
(A) the number and kind of animals which are authorized to be taken or imported,
(B) the location and manner (which manner must be determined by the Secretary to be humane) in which they may be taken, or from which they may be imported,
(C) the period during which the permit is valid, and
(D) any other terms or conditions which the Secretary deems appropriate.
In any case in which an application for a permit cites as a reason for the proposed taking the overpopulation of a particular species or population stock, the Secretary shall first consider whether or not it would be more desirable to transplant a number of animals (but not to exceed the number requested for taking in the application) of that species or stock to a location not then inhabited by such species or stock but previously inhabited by such species or stock.
(c) Importation for scientific research, public display, or enhancing survival or recovery of species or stock
(1) Any permit issued by the Secretary which authorizes the taking or importation of a marine mammal for purposes of scientific research, public display, or enhancing the survival or recovery of a species or stock shall specify, in addition to the conditions required by subsection (b) of this section, the methods of capture, supervision, care, and transportation which must be observed pursuant to such taking or importation. Any person authorized to take or import a marine mammal for purposes of scientific research, public display, or enhancing the survival or recovery of a species or stock shall furnish to the Secretary a report on all activities carried out by him pursuant to that authority.
(2)(A) A permit may be issued to take or import a marine mammal for the purpose of public display only to a person which the Secretary determines--
(i) offers a program for education or conservation purposes that is based on professionally recognized standards of the public display community;
(ii) is registered or holds a license issued under 7 U.S.C. 2131 et seq.; and
(iii) maintains facilities for the public display of marine mammals that are open to the public on a regularly scheduled basis and that access to such facilities is not limited or restricted other than by charging of an admission fee.
(B) A permit under this paragraph shall grant to the person to which it is issued the right, without obtaining any additional permit or authorization under this chapter, to--
(i) take, import, purchase, offer to purchase, possess, or transport the marine mammal that is the subject of the permit; and
(ii) sell, export, or otherwise transfer possession of the marine mammal, or offer to sell, export, or otherwise transfer possession of the marine mammal--
(I) for the purpose of public display, to a person that meets the requirements of clauses (i), (ii), and (iii) of subparagraph (A);
(II) for the purpose of scientific research, to a person that meets the requirements of paragraph (3); or
(III) for the purpose of enhancing the survival or recovery of a species or stock, to a person that meets the requirements of paragraph (4).
(C) A person to which a marine mammal is sold or exported or to which possession of a marine mammal is otherwise transferred under the authority of subparagraph (B) shall have the rights and responsibilities described in subparagraph (B) with respect to the marine mammal without obtaining any additional permit or authorization under this chapter. Such responsibilities shall be limited to--
(i) for the purpose of public display, the responsibility to meet the requirements of clauses (i), (ii), and (iii) of subparagraph (A),
(ii) for the purpose of scientific research, the responsibility to meet the requirements of paragraph (3), and
(iii) for the purpose of enhancing the survival or recovery of a species or stock, the responsibility to meet the requirements of paragraph (4).
(D) If the Secretary--
(i) finds in concurrence with the Secretary of Agriculture, that a person that holds a permit under this paragraph for a marine mammal, or a person exercising rights under subparagraph (C), no longer meets the requirements of subparagraph (A)(ii) and is not reasonably likely to meet those requirements in the near future, or
(ii) finds that a person that holds a permit under this paragraph for a marine mammal, or a person exercising rights under subparagraph (C), no longer meets the requirements of subparagraph (A)(i) or (iii) and is not reasonably likely to meet those requirements in the near future,
the Secretary may revoke the permit in accordance with subsection (e) of this section, seize the marine mammal, or cooperate with other persons authorized to hold marine mammals under this chapter for disposition of the marine mammal. The Secretary may recover from the person expenses incurred by the Secretary for that seizure.
(E) No marine mammal held pursuant to a permit issued under subparagraph (A), or by a person exercising rights under subparagraph (C), may be sold, purchased, exported, or transported unless the Secretary is notified of such action no later than 15 days before such action, and such action is for purposes of public display, scientific research, or enhancing the survival or recovery of a species or stock. The Secretary may only require the notification to include the information required for the inventory established under paragraph (10).
(3)(A) The Secretary may issue a permit under this paragraph for scientific research purposes to an applicant which submits with its permit application information indicating that the taking is required to further a bona fide scientific purpose. The Secretary may issue a permit under this paragraph before the end of the public review and comment period required under subsection (d)(2) of this section if delaying issuance of the permit could result in injury to a species, stock, or individual, or in loss of unique research opportunities.
(B) No permit issued for purposes of scientific research shall authorize the lethal taking of a marine mammal unless the applicant demonstrates that a nonlethal method of conducting the research is not feasible. The Secretary shall not issue a permit for research which involves the lethal taking of a marine mammal from a species or stock that is depleted, unless the Secretary determines that the results of such research will directly benefit that species or stock, or that such research fulfills a critically important research need.
(C) Not later than 120 days after April 30, 1994, the Secretary shall issue a general authorization and implementing regulations allowing bona fide scientific research that may result only in taking by Level B harassment of a marine mammal. Such authorization shall apply to persons which submit, by 60 days before commencement of such research, a letter of intent via certified mail to the Secretary containing the following:
(i) The species or stocks of marine mammals which may be harassed.
(ii) The geographic location of the research.
(iii) The period of time over which the research will be conducted.
(iv) The purpose of the research, including a description of how the definition of bona fide research as established under this chapter would apply.
(v) Methods to be used to conduct the research.
Not later than 30 days after receipt of a letter of intent to conduct scientific research under the general authorization, the Secretary shall issue a letter to the applicant confirming that the general authorization applies, or, if the proposed research is likely to result in the taking (including Level A harassment) of a marine mammal, shall notify the applicant that subparagraph (A) applies.
(4)(A) A permit may be issued for enhancing the survival or recovery of a species or stock only with respect to a species or stock for which the Secretary, after consultation with the Marine Mammal Commission and after notice and opportunity for public comment, has first determined that--
(i) taking or importation is likely to contribute significantly to maintaining or increasing distribution or numbers necessary to ensure the survival or recovery of the species or stock; and
(ii) taking or importation is consistent (I) with any conservation plan adopted by the Secretary under section 1383b(b) of this title or any recovery plan developed under section 1533(f) of this title for the species or stock, or (II) if there is no conservation or recovery plan in place, with the Secretary's evaluation of the actions required to enhance the survival or recovery of the species or stock in light of the factors that would be addressed in a conservation plan or a recovery plan.
(B) A permit issued in accordance with this paragraph may allow the captive maintenance of a marine mammal from a depleted species or stock only if the Secretary--
(i) determines that captive maintenance is likely to contribute to the survival or recovery of the species or stock by maintaining a viable gene pool, increasing productivity, providing biological information, or establishing animal reserves;
(ii) determines that the expected benefit to the affected species or stock outweighs the expected benefit of alternatives which do not require removal of animals from the wild; and
(iii) requires that the marine mammal or its progeny be returned to the natural habitat of the species or stock as soon as feasible, consistent with the objectives of any applicable conservation plan or recovery plan, or of any evaluation by the Secretary under subparagraph (A).
The Secretary may allow the public display of such a marine mammal only if the Secretary determines that such display is incidental to the authorized maintenance and will not interfere with the attainment of the survival or recovery objectives.
(5)(A) The Secretary may issue a permit for the importation of polar bear parts (other than internal organs) taken in sport hunts in Canada to an applicant which submits with its permit application proof that the polar bear was legally harvested in Canada by the applicant. Such a permit shall be issued if the Secretary, in consultation with the Marine Mammal Commission and after notice and opportunity for public comment, finds that--
(i) Canada has a monitored and enforced sport hunting program consistent with the purposes of the Agreement on the Conservation of Polar Bears;
(ii) Canada has a sport hunting program based on scientifically sound quotas ensuring the maintenance of the affected population stock at a sustainable level;
(iii) the export and subsequent import are consistent with the provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora and other international agreements and conventions; and
(iv) the export and subsequent import are not likely to contribute to illegal trade in bear parts.
(B) The Secretary shall establish and charge a reasonable fee for permits issued under this paragraph. All fees collected under this paragraph shall be available to the Secretary until expended for use in developing and implementing cooperative research and management programs for the conservation of polar bears in Alaska and Russia pursuant to section 1383(d) of this title.
(C)(i) The Secretary shall undertake a scientific review of the impact of permits issued under this paragraph on the polar bear population stocks in Canada within 2 years after April 30, 1994. The Secretary shall provide an opportunity for public comment during the course of such review, and shall include a response to such public comment in the final report on such review.
(ii) The Secretary shall not issue permits under this paragraph after September 30, 1996, if the Secretary determines, based on the scientific review, that the issuance of permits under this paragraph is having a significant adverse impact on the polar bear population stocks in Canada. The Secretary may review such determination annually thereafter, in light of the best scientific information available, and shall complete the review not later than January 31 in any year a review is undertaken. The Secretary may issue permits under this paragraph whenever the Secretary determines, on the basis of such annual review, that the issuance of permits under this paragraph is not having a significant adverse impact on the polar bear population stocks in Canada.
(D) The Secretary of the Interior shall, expeditiously after the expiration of the applicable 30 day period under subsection (d)(2) of this section, issue a permit for the importation of polar bear parts (other than internal organs) from polar bears taken in sport hunts in Canada before February 18, 1997, to each applicant who submits, with the permit application, proof that the polar bear was legally harvested in Canada by the applicant. The Secretary shall issue such permits without regard to the provisions of subparagraphs (A) and (C)(ii) of this paragraph, subsection (d)(3) of this section, and sections 1371 and 1372 of this title. This subparagraph shall not apply to polar bear parts that were imported before June 12, 1997.
(6) A permit may be issued for photography for educational or commercial purposes involving marine mammals in the wild only to an applicant which submits with its permit application information indicating that the taking will be limited to Level B harassment, and the manner in which the products of such activities will be made available to the public.
(7) Upon request by a person for a permit under paragraph (2), (3), or (4) for a marine mammal which is in the possession of any person authorized to possess it under this chapter and which is determined under guidance under section 1421a(a) of this title not to be releasable to the wild, the Secretary shall issue the permit to the person requesting the permit if that person--
(A) meets the requirements of clauses (i), (ii), and (iii) of paragraph (2)(A), in the case of a request for a permit under paragraph (2);
(B) meets the requirements of paragraph (3), in the case of a request for a permit under that paragraph; or
(C) meets the requirements of paragraph (4), in the case of a request for a permit under that paragraph.
(8)(A) No additional permit or authorization shall be required to possess, sell, purchase, transport, export, or offer to sell or purchase the progeny of marine mammals taken or imported under this subsection, if such possession, sale, purchase, transport, export, or offer to sell or purchase is--
(i) for the purpose of public display, and by or to, respectively, a person which meets the requirements of clauses (i), (ii), and (iii) of paragraph (2)(A);
(ii) for the purpose of scientific research, and by or to, respectively, a person which meets the requirements of paragraph (3); or
(iii) for the purpose of enhancing the survival or recovery of a species or stock, and by or to, respectively, a person which meets the requirements of paragraph (4).
(B)(i) A person which has a permit under paragraph (2), or a person exercising rights under paragraph (2)(C), which has possession of a marine mammal that gives birth to progeny shall--
(I) notify the Secretary of the birth of such progeny within 30 days after the date of birth; and
(II) notify the Secretary of the sale, purchase, or transport of such progeny no later than 15 days before such action.
(ii) The Secretary may only require notification under clause (i) to include the information required for the inventory established under paragraph (10).
(C) Any progeny of a marine mammal born in captivity before April 30, 1994, and held in captivity for the purpose of public display shall be treated as though born after April 30, 1994.
(9) No marine mammal may be exported for the purpose of public display, scientific research, or enhancing the survival or recovery of a species or stock unless the receiving facility meets standards that are comparable to the requirements that a person must meet to receive a permit under this subsection for that purpose.
(10) The Secretary shall establish and maintain an inventory of all marine mammals possessed pursuant to permits issued under paragraph (2)(A), by persons exercising rights under paragraph (2)(C), and all progeny of such marine mammals. The inventory shall contain, for each marine mammal, only the following information which shall be provided by a person holding a marine mammal under this chapter:
(A) The name of the marine mammal or other identification.
(B) The sex of the marine mammal.
(C) The estimated or actual birth date of the marine mammal.
(D) The date of acquisition or disposition of the marine mammal by the permit holder.
(E) The source from whom the marine mammal was acquired including the location of the take from the wild, if applicable.
(F) If the marine mammal is transferred, the name of the recipient.
(G) A notation if the animal was acquired as the result of a stranding.
(H) The date of death of the marine mammal and the cause of death when determined.
(d) Application procedures; notice; hearing; review
(1) The Secretary shall prescribe such procedures as are necessary to carry out this section, including the form and manner in which application for permits may be made.
(2) The Secretary shall publish notice in the Federal Register of each application made for a permit under this section. Such notice shall invite the submission from interested parties, within thirty days after the date of the notice, of written data or views, with respect to the taking or importation proposed in such application.
(3) The applicant for any permit under this section must demonstrate to the Secretary that the taking or importation of any marine mammal under such permit will be consistent with the purposes of this chapter and the applicable regulations established under section 1373 of this title.
(4) If within thirty days after the date of publication of notice pursuant to paragraph (2) of this subsection with respect to any application for a permit any interested party or parties request a hearing in connection therewith, the Secretary may, within sixty days following such date of publication, afford to such party or parties an opportunity for such a hearing.
(5) As soon as practicable (but not later than thirty days) after the close of the hearing or, if no hearing is held, after the last day on which data, or views, may be submitted pursuant to paragraph (2) of this subsection, the Secretary shall (A) issue a permit containing such terms and conditions as he deems appropriate, or (B) shall deny issuance of a permit. Notice of the decision of the Secretary to issue or to deny any permit under this paragraph must be published in the Federal Register within ten days after the date of issuance or denial.
(6) Any applicant for a permit, or any party opposed to such permit, may obtain judicial review of the terms and conditions of any permit issued by the Secretary under this section or of his refusal to issue such a permit. Such review, which shall be pursuant to chapter 7 of Title 5, may be initiated by filing a petition for review in the United States district court for the district wherein the applicant for a permit resides, or has his principal place of business, or in the United States District Court for the District of Columbia, within sixty days after the date on which such permit is issued or denied.
(e) Modification, suspension, and revocation
(1) The Secretary may modify, suspend, or revoke in whole or in part any permit issued by him under this section--
(A) in order to make any such permit consistent with any change made after the date of issuance of such permit with respect to any applicable regulation prescribed under section 1373 of this title,
(B) in any case in which a violation of the terms and conditions of the permit is found, or
(C) if, in the case of a permit under subsection (c)(5) of this section authorizing importation of polar bear parts, the Secretary, in consultation with the appropriate authority in Canada, determines that the sustainability of Canada's polar bear population stocks are being adversely affected or that sport hunting may be having a detrimental effect on maintaining polar bear population stocks throughout their range.
(2) Whenever the Secretary shall propose any modification, suspension, or revocation of a permit under this subsection, the permittee shall be afforded opportunity, after due notice, for a hearing by the Secretary with respect to such proposed modification, suspension, or revocation. Such proposed action by the Secretary shall not take effect until a decision is issued by him after such hearing. Any action taken by the Secretary after such a hearing is subject to judicial review on the same basis as is any action taken by him with respect to a permit application under paragraph (5) of subsection (d) of this section.
(3) Notice of the modification, suspension, or revocation of any permit by the Secretary shall be published in the Federal Register within ten days from the date of the Secretary's decision.
(f) Possession of permit by issuee or his agent
Any permit issued under this section must be in the possession of the person to whom it is issued (or an agent of such person) during--
(1) the time of the authorized or taking importation;
(2) the period of any transit of such person or agent which is incident to such taking or importation; and
(3) any other time while any marine mammal taken or imported under such permit is in the possession of such person or agent.
A duplicate copy of the issued permit must be physically attached to the container, package, enclosure, or other means of containment, in which the marine mammal is placed for purposes of storage, transit, supervision, or care.
(g) Fees
The Secretary shall establish and charge a reasonable fee for permits issued under this section.
(h) General permits
(1) Consistent with the regulations prescribed pursuant to section 1373 of this title and to the requirements of section 1371 of this title, the Secretary may issue an annual permit to a United States purse seine fishing vessel for the taking of such marine mammals, and shall issue regulations to cover the use of any such annual permits.
(2) Such annual permits for the incidental taking of marine mammals in the course of commercial purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean shall be governed by section 1416 of this title, subject to the regulations issued pursuant to section 1413 of this title.
(Pub.L. 92-522, Title I, § 104, Oct. 21, 1972, 86 Stat. 1034; Pub.L. 98-364, Title I, § 102, July 17, 1984, 98 Stat. 440; Pub.L. 100-711, §§ 4(d), 5(d), Nov. 23, 1988, 102 Stat. 4767, 4769; Pub.L. 103-238, § 5(b), Apr. 30, 1994, 108 Stat. 537; Pub.L. 105-18, Title II, § 5004, June 12, 1997, 111 Stat. 187; Pub.L. 105-42, § 4(d), Aug. 15, 1997, 111 Stat. 1125; Pub.L. 105-277, Div. A, § 101(e) [Title I], Oct. 21, 1998, 112 Stat. 2681-238; Pub.L. 106-31, Title V, § 5004(1), May 21, 1999, 113 Stat. 110; Pub.L. 108-108, Title I, § 149, Nov. 10, 2003, 117 Stat. 1281.)
[FN1] So in original. Probably should be “section”.
§ 1375. Penalties
(a)(1) Any person who violates any provision of this subchapter or of any permit or regulation issued thereunder, except as provided in section 1387 of this title, may be assessed a civil penalty by the Secretary of not more than $10,000 for each such violation. No penalty shall be assessed unless such person is given notice and opportunity for a hearing with respect to such violation. Each unlawful taking or importation shall be a separate offense. Any such civil penalty may be remitted or mitigated by the Secretary for good cause shown. Upon any failure to pay a penalty assessed under this subsection, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which such person is found, resides, or transacts business to collect the penalty and such court shall have jurisdiction to hear and decide any such action.
(2) In any case involving an alleged unlawful importation of a marine mammal or marine mammal product, if such importation is made by an individual for his own personal or family use (which does not include importation as an accommodation to others or for sale or other commercial use), the Secretary may, in lieu of instituting a proceeding under paragraph (1), allow the individual to abandon the mammal or product, under procedures to be prescribed by the Secretary, to the enforcement officer at the port of entry.
(b) Any person who knowingly violates any provision of this subchapter or of any permit or regulation issued thereunder (except as provided in section 1387 of this title) shall, upon conviction, be fined not more than $20,000 for each such violation, or imprisoned for not more than one year, or both.
(Pub.L. 92-522, Title I, § 105, Oct. 21, 1972, 86 Stat. 1036; Pub.L. 97-58, § 3(b), Oct. 9, 1981, 95 Stat. 982; Pub.L. 103-238, § 13(a), (b), Apr. 30, 1994, 108 Stat. 558.)
§ 1375a. Use of fines for protection and recovery of manatees, polar bears, sea otters, and walruses
On and after November 29, 1999, all fines collected by the United States Fish and Wildlife Service for violations of the Marine Mammal Protection Act (16 U.S.C. 1362-1407) [16 U.S.C.A. §§ 1362 to 1407] and implementing regulations shall be available to the Secretary, without further appropriation, to be used for the expenses of the United States Fish and Wildlife Service in administering activities for the protection and recovery of manatees, polar bears, sea otters, and walruses, and shall remain available until expended.
(Pub.L. 106-113, Div. B, § 1000(a)(3) [Title I], Nov. 29, 1999, 113 Stat. 1535, 1501A-139).
§ 1376. Seizure and forfeiture of cargo
(a) Application of consistent provisions
Any vessel or other conveyance subject to the jurisdiction of the United States that is employed in any manner in the unlawful taking of any marine mammal shall have its entire cargo or the monetary value thereof subject to seizure and forfeiture. All provisions of law relating to the seizure, judicial forfeiture, and condemnation of cargo for violation of the customs laws, the disposition of such cargo, and the proceeds from the sale thereof, and the remission or mitigation of any such forfeiture, shall apply with respect to the cargo of any vessel or other conveyance seized in connection with the unlawful taking of a marine mammal insofar as such provisions of law are applicable and not inconsistent with the provisions of this subchapter.
(b) Penalties
Any vessel subject to the jurisdiction of the United States that is employed in any manner in the unlawful taking of any marine mammal shall be liable for a civil penalty of not more than $25,000. Such penalty shall be assessed by the district court of the United States having jurisdiction over the vessel. Clearance of a vessel against which a penalty has been assessed, from a port of the United States, may be withheld until such penalty is paid, or until a bond or otherwise satisfactory surety is posted. Such penalty shall constitute a maritime lien on such vessel which may be recovered by action in rem in the district court of the United States having jurisdiction over the vessel.
(c) Reward for information leading to conviction
Upon the recommendation of the Secretary, the Secretary of the Treasury is authorized to pay an amount equal to one-half of the fine incurred but not to exceed $2,500 to any person who furnishes information which leads to a conviction for a violation of this subchapter. Any officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his official duties shall not be eligible for payment under this section.
§ 1377. Enforcement
(a) Utilization of personnel
Except as otherwise provided in this subchapter, the Secretary shall enforce the provisions of this subchapter. The Secretary may utilize, by agreement, the personnel, services, and facilities of any other Federal agency for purposes of enforcing this subchapter.
(b) State officers and employees
The Secretary may also designate officers and employees of any State or of any possession of the United States to enforce the provisions of this subchapter. When so designated, such officers and employees are authorized to function as Federal law enforcement agents for these purposes, but they shall not be held and considered as employees of the United States for the purposes of any laws administered by the Director of the Office of Personnel Management.
(c) Warrants and other process for enforcement
The judges of the district courts of the United States and the United States magistrate judges may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process, including warrants or other process issued in admiralty proceedings in United States district courts, as may be required for enforcement of this subchapter and any regulations issued thereunder.
The judges of the district courts of the United States and the United States magistrates may, within their respective jurisdictions, upon proper oath or affirmation showing probably cause, issue such warrants or other process, including warrants or other process issued in admiralty proceedings in United States district courts, as may be required for enforcement of this subchapter and any regulations issued thereunder.
(d) Execution of process; arrest; search; seizure
Any person authorized by the Secretary to enforce this subchapter may execute any warrant or process issued by any officer or court of competent jurisdiction for the enforcement of this subchapter. Such person so authorized may, in addition to any other authority conferred by law--
(1) with or without warrant or other process, arrest any person committing in his presence or view a violation of this subchapter or the regulations issued thereunder;
(2) with a warrant or other process, or without a warrant if he has reasonable cause to believe that a vessel, other conveyance, or container subject to the jurisdiction of the United States or any person on board is in violation of any provision of this subchapter or the regulations issued thereunder, search such vessel or conveyance [FN1] and arrest such person;
(3) seize the cargo of any vessel or other conveyance subject to the jurisdiction of the United States used or employed contrary to the provisions of this subchapter or the regulations issued hereunder or which reasonably appears to have been so used or employed; and
(4) seize, whenever and wherever found, all marine mammals and marine mammal products taken or retained in violation of this subchapter or the regulations issued thereunder and shall dispose of them in accordance with regulations prescribed by the Secretary.
(e) Disposition of seized cargo
(1) Whenever any cargo or marine mammal or marine mammal product is seized pursuant to this section, the Secretary shall expedite any proceedings commenced under section 1375(a) or (b) of this title. All marine mammals or marine mammal products or other cargo so seized shall be held by any person authorized by the Secretary pending disposition of such proceedings. The owner or consignee of any such marine mammal or marine mammal product or other cargo so seized shall, as soon as practicable following such seizure, be notified of that fact in accordance with regulations established by the Secretary.
(2) The Secretary may, with respect to any proceeding under section 1375(a) or (b) of this title, in lieu of holding any marine mammal or marine mammal product or other cargo, permit the person concerned to post bond or other surety satisfactory to the Secretary pending the disposition of such proceeding.
(3)(A) Upon the assessment of a penalty pursuant to section 1375(a) of this title, all marine mammals and marine mammal products or other cargo seized in connection therewith may be proceeded against in any court of competent jurisdiction and forfeited to the Secretary for disposition by him in such manner as he deems appropriate.
(B) Upon conviction for violation of section 1375(b) of this title, all marine mammals and marine mammal products seized in connection therewith shall be forfeited to the Secretary for disposition by him in such manner as he deems appropriate. Any other property or item so seized may, at the discretion of the court, be forfeited to the United States or otherwise disposed of.
(4) If with respect to any marine mammal or marine mammal product or other cargo so seized--
(A) a civil penalty is assessed under section 1375(a) of this title and no judicial action is commenced to obtain the forfeiture of such mammal or product within thirty days after such assessment, such marine mammal or marine mammal product or other cargo shall be immediately returned to the owner or the consignee; or
(B) no conviction results from an alleged violation of section 1375(b) of this title, such marine mammal or marine mammal product or other cargo shall immediately be returned to the owner or consignee if the Secretary does not, with [FN2] thirty days after the final disposition of the case involving such alleged violation, commence proceedings for the assessment of a civil penalty under section 1375(a) of this title.
(Pub.L. 92-522, Title I, § 107, Oct. 21, 1972, 86 Stat. 1037; 1978 Reorg.Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub.L. 109-479, Title IX, § 902(c), Jan. 12, 2007, 120 Stat. 3665.)
[FN1] So in original.
[FN2] So in original. Probably should be “within”.
§ 1378. International program
(a) Duties of Secretary
The Secretary, through the Secretary of State, shall--
(1) initiate negotiations as soon as possible for the development of bilateral or multilateral agreements with other nations for the protection and conservation of all marine mammals covered by this chapter;
(2) initiate--
(A) negotiations as soon as possible with all foreign governments which are engaged in, or which have persons or companies engaged in, commercial fishing operations which are found by the Secretary to be unduly harmful to any species or population stock of marine mammal, for the purpose of entering into bilateral and multilateral treaties with such countries to protect marine mammals, with the Secretary of State to prepare a draft agenda relating to this matter for discussion at appropriate international meetings and forums;
(B) discussions with foreign governments whose vessels harvest yellowfin tuna with purse seines in the eastern tropical Pacific Ocean, for the purpose of concluding, through the Inter-American Tropical Tuna Commission or such other bilateral or multilateral institutions as may be appropriate, international arrangements for the conservation of marine mammals taken incidentally in the course of harvesting such tuna, which should include provisions for (i) cooperative research into alternative methods of locating and catching yellowfin tuna which do not involve the taking of marine mammals, (ii) cooperative research on the status of affected marine mammal population stocks, (iii) reliable monitoring of the number, rate, and species of marine mammals taken by vessels of harvesting nations, (iv) limitations on incidental take levels based upon the best scientific information available, and (v) the use of the best marine mammal safety techniques and equipment that are economically and technologically practicable to reduce the incidental kill and serious injury of marine mammals to insignificant levels approaching a zero mortality and serious injury rate;
(C) negotiations to revise the Convention for the Establishment of an Inter-American Tropical Tuna Commission (1 U.S.T. 230; TIAS 2044) which will incorporate--
(i) the conservation and management provisions agreed to by the nations which have signed the Declaration of Panama and in the Straddling Fish Stocks and Highly Migratory Fish Stocks Agreement, as opened for signature on December 4, 1995; and
(ii) a revised schedule of annual contributions to the expenses of the Inter-American Tropical Tuna Commission that is equitable to participating nations; and
(D) discussions with those countries participating, or likely to participate, in the International Dolphin Conservation Program, for the purpose of identifying sources of funds needed for research and other measures promoting effective protection of dolphins, other marine species, and the marine ecosystem;
(3) encourage such other agreements to promote the purposes of this chapter with other nations for the protection of specific ocean and land regions which are of special significance to the health and stability of marine mammals;
(4) initiate the amendment of any existing international treaty for the protection and conservation of any species of marine mammal to which the United States is a party in order to make such treaty consistent with the purposes and policies of this chapter;
(5) seek the convening of an international ministerial meeting on marine mammals before July 1, 1973, for the purposes of (A) the negotiation of a binding international convention for the protection and conservation of all marine mammals, and (B) the implementation of paragraph (3) of this section; and
(6) provide to the Congress by not later than one year after October 21, 1972, a full report on the results of his efforts under this section.
(b) Consultations and studies concerning North Pacific fur seals
(1) In addition to the foregoing, the Secretary shall--
(A) in consultation with the Marine Mammal Commission established by section 1401 of this title, undertake a study of the North Pacific fur seals to determine whether herds of such seals subject to the jurisdiction of the United States are presently at their optimum sustainable population and what population trends are evident; and
(B) in consultation with the Secretary of State, promptly undertake a comprehensive study of the provisions of this chapter, as they relate to North Pacific fur seals, and the provisions of the North Pacific Fur Seal Convention signed on February 9, 1957, as extended (hereafter referred to in this subsection as the “Convention”), to determine what modifications, if any, should be made to the provisions of the Convention, or of this chapter, or both, to make the Convention and this chapter consistent with each other.
The Secretary shall complete the studies required under this paragraph not later than one year after October 21, 1972, and shall immediately provide copies thereof to Congress.
(2) If the Secretary finds--
(A) as a result of the study required under paragraph (1)(A) of this subsection, that the North Pacific fur seal herds are below their optimum sustainable population and are not trending upward toward such level, or have reached their optimum sustainable population but are commencing a downward trend, and believes the herds to be in danger of depletion; or
(B) as a result of the study required under paragraph (1)(B) of this subsection, that modifications of the Convention are desirable to make it and this chapter consistent;
he shall, through the Secretary of State, immediately initiate negotiations to modify the Convention so as to (i) reduce or halt the taking of seals to the extent required to assure that such herds attain and remain at their optimum sustainable population, or (ii) make the Convention and this chapter consistent; or both, as the case may be. If negotiations to so modify the Convention are unsuccessful, the Secretary shall, through the Secretary of State, take such steps as may be necessary to continue the existing Convention beyond its present termination date so as to continue to protect and conserve the North Pacific fur seals and to prevent a return to pelagic sealing.
(c) Description of annual results of discussions; proposals for further action
The Secretary shall include a description of the annual results of discussions initiated and conducted pursuant to subsection (a)(2)(B) of this section, as well as any proposals for further action to achieve the purposes of that subsection, in the report required under section 1373(f) of this title.
(Pub.L. 92-522, Title I, § 108, Oct. 21, 1972, 86 Stat. 1038; Pub.L. 100-711, § 4(b), (c), Nov. 23, 1988, 102 Stat. 4766, 4767; Pub.L. 105-42, § 4(e), Aug. 15, 1997, 111 Stat. 1125.)
§ 1379. Transfer of management authority
(a) State enforcement of State laws or regulations prohibited without transfer to State of management authority by Secretary
No State may enforce, or attempt to enforce, any State law or regulation relating to the taking of any species (which term for purposes of this section includes any population stock) of marine mammal within the State unless the Secretary has transferred authority for the conservation and management of that species (hereinafter referred to in this section as “management authority”) to the State under subsection (b) (1) of this section.
(b) Findings prerequisite to transfer of authority; State program; implementation
(1) Subject to paragraph (2) and subsection (f) of this section, the Secretary shall transfer management authority for a species of marine mammal to a State if the Secretary finds, after notice and opportunity for public comment, that the State has developed and will implement a program for the conservation and management of the species that--
(A) is consistent with the purposes, policies, and goals of this chapter and with international treaty obligations;
(B) requires that all taking of the species be humane;
(C) does not permit the taking of the species unless and until--
(i) the State has determined, under a process consistent with the standards set forth in subsection (c) of this section--
(I) that the species is at its optimum sustainable population (hereinafter in this section referred to as “OSP”), and
(II) the maximum number of animals of that species that may be taken without reducing the species below its OSP, and
(ii) the determination required under clause (i) is final and implemented under State law, and, if a cooperative allocation agreement for the species is required under subsection (d) (1) of this section, such an agreement is implemented;
(D) does not permit the taking of a number of animals of the species that exceeds the maximum number determined pursuant to subparagraph (C) (i) (II), and, in the case of taking for subsistence uses (as defined in subsection (f) (2) of this section), does not permit the taking of a number of animals that would be inconsistent with the maintenance of the species at its OSP;
(E) does not permit the taking of the species for scientific research, public display, or enhancing the survival or recovery of a species or stock, except for taking for such purposes that is undertaken by, or on behalf of, the State;
(F) provides procedures for acquiring data, and evaluating such data and other new evidence, relating to the OSP of the species, and the maximum take that would maintain the species at that level, and, if required on the basis of such evaluation, for amending determinations under subparagraph (C) (i);
(G) provides procedures for the resolution of differences between the State and the Secretary that might arise during the development of a cooperative allocation agreement under subsection (d) (1) of this section; and
(H) provides for the submission of an annual report to the Secretary regarding the administration of the program during the reporting period.
(2) During the period between the transfer of management authority for a species to a State under paragraph (1) and the time at which the implementation requirements under paragraph (1)(C)(ii) are complied with--
(A) the State program shall not apply with respect to the taking of the species within the State for any purpose, or under any condition, provided for under section 1371 of this title; and
(B) the Secretary shall continue to regulate, under this subchapter, all takings of the species within the State.
(3) After the determination required under paragraph (1)(C)(i) regarding a species is final and implemented under State law and after a cooperative allocation agreement described in subsection (d)(1) of this section, if required, is implemented for such species--
(A) such determination shall be treated, for purposes of applying this subchapter beyond the territory of the State, as a determination made in accordance with section 1373 of this title and as an applicable waiver under section 1371(a) (3) of this title;
(B) the Secretary shall regulate, without regard to this section other than the allocations specified under such an agreement, the taking of the species--
(i) incidentally in the course of commercial fishing operations (whether provided for under section 1371(a) (2) or (4) of this title), or in the course of other specified activities provided for under section 1371(a) (5) of this title, in the zone described in section 1362(14) (B) of this title, and
(ii) for scientific research, public display, or enhancing the survival or recovery of a species or stock (other than by, or on behalf of, the State), except that any taking authorized under a permit issued pursuant to section 1371(a)(1) of this title after October 9, 1981, allowing the removal of live animals from habitat within the State shall not be effective if the State agency disapproves, on or before the date of issuance of the permit, such taking as being inconsistent with the State program; and
(C) section 1371(b) of this title shall not apply.
(c) Standards with which State process must comply
The State process required under subsection (b) (1) (C) of this section must comply with the following standards:
(1) The State agency with management authority for the species (hereinafter in this section referred to as the “State agency”) must make an initial determination regarding the factors described in clause (i) of that subsection. The State agency must identify, and make available to the public under reasonable circumstances, the documentation supporting such initial determination. Unless request for a hearing under paragraph (2) regarding the initial determination is timely made, the initial determination shall be treated as final under State law.
(2) The State agency shall provide opportunity, at the request of any interested party, for a hearing with respect to the initial determination made by it under paragraph (1) at which interested parties may--
(A) present oral and written evidence in support of or against such determination; and
(B) cross-examine persons presenting evidence at the hearing.
The State agency must give public notice of the hearing and make available to the public within a reasonable time before commencing the hearing a list of the witnesses for the State and a general description of the documentation and other evidence that will be relied upon by such witnesses.
(3) The State agency, solely on the basis of the record developed at a hearing held pursuant to paragraph (2), must make a decision regarding its initial determination under paragraph (1) and shall include with the record a statement of the findings and conclusions, and the reason or basis therefor, on all material issues.
(4) Opportunity for judicial review of the decision made by the State agency on the record under paragraph (3), under scope of review equivalent to that provided for in section 706(2) (A) through (E) of Title 5, must be available under State law. The Secretary may not initiate judicial review of any such decision.
(d) Cooperative allocation agreements
(1) If the range of a species with respect to which a determination under paragraph (1) (C) (i) of subsection (b) of this section is made extends beyond the territorial waters of the State, the State agency and the Secretary (who shall first coordinate with the Marine Mammal Commission and the appropriate Regional Fishery Management Council established under section 1852 of this title) shall enter into a cooperative allocation agreement providing procedures for allocating, on a timely basis, such of the number of animals, as determined under paragraph (1) (C) (i) (II) of subsection (b) of this section, as may be appropriate with priority of allocation being given firstly to taking for subsistence uses in the case of the State of Alaska, and secondly to taking for purposes provided for under section 1371(a) of this title within the zone described in section 1362(14) (B) of this title.
(2) If the State agency requests the Secretary to regulate the taking of a species to which paragraph (1) applies within the zone described in section 1362(14) (B) of this title for subsistence uses or for hunting, or both, in a manner consistent with the regulation by the State agency of such taking within the State, the Secretary shall adopt, and enforce within such zone, such of the State agency's regulatory provisions as the Secretary considers to be consistent with his administration of section 1371(a) of this title within such zone. The Secretary shall adopt such provisions through the issuance of regulations under section 553 of Title 5, and with respect to such issuance the Regulatory Flexibility Act [5 U.S.C.A. § 601 et seq.], the Paperwork Reduction Act, Executive Order Numbered 12291, dated February 17, 1981, and the thirty-day notice requirement in subsection (d) of such section 553 shall not apply. For purposes of sections 1375, 1376, and 1377 of this title, such regulations shall be treated as having been issued under this subchapter.
(e) Revocation of transfer of management authority
(1) Subject to paragraph (2), the Secretary shall revoke, after opportunity for a hearing, any transfer of management authority made to a State under subsection (b) (1) of this section if the Secretary finds that the State program for the conservation and management of the species concerned is not being implemented, or is being implemented in a manner inconsistent with the provisions of this section or the provisions of the program. The Secretary shall also establish a procedure for the voluntary return by a State to the Secretary of species management authority that was previously transferred to the State under subsection (b) (1) of this section.
(2)(A) The Secretary may not revoke a transfer of management authority under paragraph (1) unless--
(i) the Secretary provides to the State a written notice of intent to revoke together with a statement, in detail, of those actions, or failures to act, on which such intent is based; and
(ii) during the ninety-day period after the date of the notice of intent to revoke--
(I) the Secretary provides opportunity for consultation between him and the State concerning such State actions or failures to act and the remedial measures that should be taken by the State, and
(II) the State does not take such remedial measures as are necessary, in the judgment of the Secretary, to bring its conservation and management program, or the administration or enforcement of the program, into compliance with the provisions of this section.
(B) When a revocation by the Secretary of a transfer of management authority to a State becomes final, or the State voluntarily returns management authority to the Secretary, the Secretary shall regulate the taking, and provide for the conservation and management, of the species within the State in accordance with the provisions of this chapter (and in the case of Alaskan Natives, section 1371(b) of this title and subsection (i) of this section shall apply upon such revocation or return of management authority).
(f) Transfer of management authority to State of Alaska
(1) The Secretary may not transfer management authority to the State of Alaska under subsection (b) (1) of this section for any species of marine mammal unless--
(A) the State has adopted and will implement a statute and regulations that insure that the taking of the species for subsistence uses--
(i) is accomplished in a nonwasteful manner,
(ii) will be the priority consumptive use of the species, and
(iii) if required to be restricted, such restriction will be based upon--
(I) the customary and direct dependence upon the species as the mainstay of livelihood,
(II) local residency, and
(III) the availability of alternative resources; and
(B) the State has adopted a statute or regulation that requires that any consumptive use of marine mammal species, other than for subsistence uses, will be authorized during a regulatory year only if the appropriate agency first makes findings, based on an administrative record before it, that--
(i) such use will have no significant adverse impact upon subsistence uses of the species, and
(ii) the regulation of such use, including, but not limited to, licensing of marine mammal hunting guides and the assignment of guiding areas, will, to the maximum extent practicable, provide economic opportunities for the residents of the rural coastal villages of Alaska who engage in subsistence uses of that species.
(2) For purposes of paragraph (1), the term “subsistence uses” means the customary and traditional uses by rural Alaska residents of marine mammals for direct personal or family consumption as food, shelter, fuel, clothing, tools, or transportation; for the making and selling of handicraft articles out of nonedible byproducts of marine mammals taken for personal or family consumption; and for barter, or sharing for personal or family consumption. As used in this paragraph--
(A) The term “family” means all persons related by blood, marriage, or adoption, or any person living within a household on a permanent basis.
(B) The term “barter” means the exchange of marine mammals or their parts, taken for subsistence uses--
(i) for other wildlife or fish or their parts, or
(ii) for other food or for nonedible items other than money if the exchange is of a limited and noncommercial nature.
(g) Environmental impact statement not required
Neither the transfer of management authority to a State under subsection (b) (1) of this section, nor the revocation or voluntary return of such authority under subsection (e) of this section, shall be deemed to be an action for which an environmental impact statement is required under section 4332 of Title 42.
(h) Taking of marine mammals as part of official duties
(1) Nothing in this subchapter or subchapter V of this chapter shall prevent a Federal, State, or local government official or employee or a person designated under section 1382(c) of this title from taking, in the course of his or her duties as an official, employee, or designee, a marine mammal in a humane manner (including euthanasia) if such taking is for--
(A) the protection or welfare of the mammal,
(B) the protection of the public health and welfare, or
(C) the nonlethal removal of nuisance animals.
(2) Nothing in this subchapter shall prevent the Secretary or a person designated under section 1382(c) of this title from importing a marine mammal into the United States if such importation is necessary to render medical treatment that is not otherwise available.
(3) In any case in which it is feasible to return to its natural habitat a marine mammal taken or imported under circumstances described in this subsection, steps to achieve that result shall be taken.
(i) Regulations covering taking of marine mammals by Alaskan natives
The Secretary may (after providing notice thereof in the Federal Register and in newspapers of general circulation, and through appropriate electronic media, in the affected area and providing opportunity for a hearing thereon in such area) prescribe regulations requiring the marking, tagging, and reporting of animals taken pursuant to section 1371(b) of this title.
(j) Grants to develop or administer State conservation and management programs
The Secretary may make grants to States to assist them--
(1) in developing programs, to be submitted for approval under subsection (b) of this section, for the conservation and management of species of marine mammals; and
(2) in administering such programs if management authority for such species is transferred to the State under such subsection.
Grants made under this subsection may not exceed 50 per centum of the costs of developing a State program before Secretarial approval, or of administering the program thereafter.
(k) Delegation of administration and enforcement to States
The Secretary is authorized and directed to enter into cooperative arrangements with the appropriate officials of any State for the delegation to such State of the administration and enforcement of this subchapter: Provided, That any such arrangement shall contain such provisions as the Secretary deems appropriate to insure that the purposes and policies of this chapter will be carried out.
(l) Authorization of appropriations
(1) There are authorized to be appropriated to the Department of the Interior, for the purposes of carrying out this section, not to exceed $400,000 for each of the fiscal years ending September 30, 1979, September 30, 1980, and September 30, 1981.
(2) There are authorized to be appropriated to the Department of Commerce, for the purposes of carrying out this section, not to exceed $225,000 for each of the fiscal years ending September 30, 1979, September 30, 1980, and September 30, 1981.
(Pub.L. 92-522, Title I, § 109, Oct. 21, 1972, 86 Stat. 1040; Pub.L. 95-316, § 1, July 10, 1978, 92 Stat. 380; Pub.L. 97-58, § 4(a), Oct. 9, 1981, 95 Stat. 982; Pub.L. 100-711, § 5(a), (e)(3), Nov. 23, 1988, 102 Stat. 4769, 4771; Pub.L. 102-587, Title III, § 3004(a)(2), Nov. 4, 1992, 106 Stat. 5067; Pub.L. 103-238, § 24(c)(10), Apr. 30, 1994, 108 Stat. 566.)
§ 1380. Marine mammal research grants
(a) Authorization; research concerning yellowfin tuna; annual report
The Secretary is authorized to make grants, or to provide financial assistance in such other form as he deems appropriate, to any Federal or State agency, public or private institution, or other person for the purpose of assisting such agency, institution, or person to undertake research in subjects which are relevant to the protection and conservation of marine mammals. In carrying out this subsection, the Secretary shall undertake a program of, and shall provide financial assistance for, research into new methods of locating and catching yellowfin tuna without the incidental taking of marine mammals. The Secretary shall include a description of the annual results of research carried out under this section in the report required under section 1373(f) of this title.
(b) Terms and conditions
Any grant or other financial assistance provided by the Secretary pursuant to this section shall be subject to such terms and conditions as the Secretary deems necessary to protect the interests of the United States and shall be made after review by the Marine Mammal Commission.
(c) Gulf of Maine ecosystem protection
(1) No later than 1 year after April 30, 1994, the Secretary of Commerce shall convene a regional workshop for the Gulf of Maine to assess human-caused factors affecting the health and stability of that marine ecosystem, of which marine mammals are a part. The workshop shall be conducted in consultation with the Marine Mammal Commission, the adjacent coastal States, individuals with expertise in marine mammal biology and ecology, representatives from environmental organizations, the fishing industry, and other appropriate persons. The goal of the workshop shall be to identify such factors, and to recommend a program of research and management to restore or maintain that marine ecosystem and its key components that--
(A) protects and encourages marine mammals to develop to the greatest extent feasible commensurate with sound policies of resource management;
(B) has as the primary management objective the maintenance of the health and stability of the marine ecosystems;
(C) ensures the fullest possible range of management options for future generations; and
(D) permits nonwasteful, environmentally sound development of renewable and nonrenewable resources.
(2) On or before December 31, 1995, the Secretary of Commerce shall submit to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Commerce, Science and Transportation of the Senate a report containing the results of the workshop under this subsection, proposed regulatory or research actions, and recommended legislative action.
(d) Bering Sea ecosystem protection
(1) The Secretary of Commerce, in consultation with the Secretary of the Interior, the Marine Mammal Commission, the State of Alaska, and Alaska Native organizations, shall, not later than 180 days after April 30, 1994, undertake a scientific research program to monitor the health and stability of the Bering Sea marine ecosystem and to resolve uncertainties concerning the causes of population declines of marine mammals, sea birds, and other living resources of that marine ecosystem. The program shall address the research recommendations developed by previous workshops on Bering Sea living marine resources, and shall include research on subsistence uses of such resources and ways to provide for the continued opportunity for such uses.
(2) To the maximum extent practicable, the research program undertaken pursuant to paragraph (1) shall be conducted in Alaska. The Secretary of Commerce shall utilize, where appropriate, traditional local knowledge and may contract with a qualified Alaska Native organization to conduct such research.
(3) The Secretary of Commerce, the Secretary of the Interior, and the Commission shall address the status and findings of the research program in their annual reports to Congress required by sections 1373(f) and 1404 of this title.
(Pub.L. 92-522, Title I, § 110, Oct. 21, 1972, 86 Stat. 1041; Pub.L. 95-136, § 1, Oct. 18, 1977, 91 Stat. 1167; Pub.L. 95-316, § 2, July 10, 1978, 92 Stat. 380; Pub.L. 97-58, § 5, Oct. 9, 1981, 95 Stat. 986; Pub.L. 100-711, § 4(e), Nov. 23, 1988, 102 Stat. 4768; Pub.L. 103-238, § 20, Apr. 30, 1994, 108 Stat. 560; Pub.L 105-42, § 4(f), Aug. 15, 1997, 111 Stat. 1125.)
§ 1381. Commercial fisheries gear development
(a) Research and development program; report to Congress; authorization of appropriations
The Secretary of the department in which the National Oceanic and Atmospheric Administration is operating (hereafter referred to in this section as the “Secretary”) is hereby authorized and directed to immediately undertake a program of research and development for the purpose of devising improved fishing methods and gear so as to reduce to the maximum extent practicable the incidental taking of marine mammals in connection with commercial fishing. At the end of the full twenty-four calendar month period following October 21, 1972, the Secretary shall deliver his report in writing to the Congress with respect to the results of such research and development. For the purposes of this section, there is hereby authorized to be appropriated the sum of $1,000,000 for the fiscal year ending June 30, 1973, and the same amount for the next fiscal year. Funds appropriated for this section shall remain available until expended.
(b) Reduction of level of taking of marine mammals incidental to commercial fishing operations
The Secretary, after consultation with the Marine Mammal Commission, is authorized and directed to issue, as soon as practicable, such regulations, covering the twenty-four-month period referred to in section 1371(a)(2) of this title, as he deems necessary or advisable, to reduce to the lowest practicable level the taking of marine mammals incidental to commercial fishing operations. Such regulations shall be adopted pursuant to section 553 of Title 5. In issuing such regulations, the Secretary shall take into account the results of any scientific research under subsection (a) of this section and, in each case, shall provide a reasonable time not exceeding four months for the persons affected to implement such regulations.
(c) Reduction of level of taking of marine mammals in tuna fishery
Additionally, the Secretary and Secretary of State are directed to commence negotiations within the Inter-American Tropical Tuna Commission in order to effect essential compliance with the regulatory provisions of this chapter so as to reduce to the maximum extent feasible the incidental taking of marine mammals by vessels involved in the tuna fishery. The Secretary and Secretary of State are further directed to request the Director of Investigations of the Inter-American Tropical Tuna Commission to make recommendations to all member nations of the Commission as soon as is practicable as to the utilization of methods and gear devised under subsection (a) of this section.
(d) Research and observation
Furthermore, after timely notice and during the period of research provided in this section, duly authorized agents of the Secretary are hereby empowered to board and to accompany any commercial fishing vessel documented under the laws of the United States, there being space available, on a regular fishing trip for the purpose of conducting research or observing operations in regard to the development of improved fishing methods and gear as authorized by this section. Such research and observation shall be carried out in such manner as to minimize interference with fishing operations. The Secretary shall provide for the cost of quartering and maintaining such agents. No master, operator, or owner of such a vessel shall impair or in any way interfere with the research or observation being carried out by agents of the Secretary pursuant to this section.
§ 1382. Regulations and administration
(a) Consultation with Federal agencies
The Secretary, in consultation with any other Federal agency to the extent that such agency may be affected, shall prescribe such regulations as are necessary and appropriate to carry out the purposes of this subchapter.
(b) Cooperation by Federal agencies
Each Federal agency is authorized and directed to cooperate with the Secretary, in such manner as may be mutually agreeable, in carrying out the purposes of this subchapter.
(c) Contracts, leases, and cooperative agreements
The Secretary may enter into such contracts, leases, cooperative agreements, or other transactions as may be necessary to carry out the purposes of this subchapter or subchapter V of this chapter and on such terms as he deems appropriate with any Federal or State agency, public or private institution, or other person.
(d) Annual review; suspension of program
The Secretary shall review annually the operation of each program in which the United States participates involving the taking of marine mammals on land. If at any time the Secretary finds that any such program cannot be administered on lands owned by the United States or in which the United States has an interest in a manner consistent with the purposes of [FN1] policies of this chapter, he shall suspend the operation of that program and shall include in the annual report to the public and the Congress required under section 1373(f) of this title his reasons for such suspension, together with recommendations for such legislation as he deems necessary and appropriate to resolve the problem.
(e) Measures to alleviate impacts on strategic stocks
If the Secretary determines, based on a stock assessment under section 1386 of this title or other significant new information obtained under this chapter, that impacts on rookeries, mating grounds, or other areas of similar ecological significance to marine mammals may be causing the decline or impeding the recovery of a strategic stock, the Secretary may develop and implement conservation or management measures to alleviate those impacts. Such measures shall be developed and implemented after consultation with the Marine Mammal Commission and the appropriate Federal agencies and after notice and opportunity for public comment.
(Pub.L. 92-522, Title I, § 112, Oct. 21, 1972, 86 Stat. 1042; Pub.L. 96-470, Title II, § 201(e), Oct. 19, 1980, 94 Stat. 2241; Pub.L. 102-587, Title III, § 3004(a)(3), Nov. 4, 1992, 106 Stat. 5067; Pub.L. 103-238, §§ 7(a), 24(c)(11), Apr. 30, 1994, 108 Stat. 542, 566.)
[FN1] So in original. Probably should be “or”.
§ 1383. Application to other treaties and conventions
(a) Generally; findings; waiver of penalties
The provisions of this subchapter shall be deemed to be in addition to and not in contravention of the provisions of any existing international treaty, convention, or agreement, or any statute implementing the same, which may otherwise apply to the taking of marine mammals. Upon a finding by the Secretary that the provisions of any international treaty, convention, or agreement, or any statute implementing the same has been made applicable to persons subject to the provisions of this subchapter in order to effect essential compliance with the regulatory provisions of this chapter so as to reduce to the lowest practicable level the taking of marine mammals incidental to commercial fishing operations, section 1375 of this title may not apply to such persons.
(b) Review of effectiveness of Agreement on the Conservation of Polar Bears
Not later than 1 year after April 30, 1994, the Secretary of the Interior shall, in consultation with the contracting parties, initiate a review of the effectiveness of the Agreement on the Conservation of Polar Bears, as provided for in Article IX of the Agreement, and establish a process by which future reviews shall be conducted.
(c) Review of implementation of Agreement on the Conservation of Polar Bears; report
The Secretary of the Interior, in consultation with the Secretary of State and the Marine Mammal Commission, shall review the effectiveness of United States implementation of the Agreement on the Conservation of Polar Bears, particularly with respect to the habitat protection mandates contained in Article II. The Secretary shall report the results of this review to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than April 1, 1995.
(d) Consultation regarding conservation of polar bears in Russia and Alaska; report
Not later than 6 months after April 30, 1994, the Secretary of the Interior, acting through the Secretary of State and in consultation with the Marine Mammal Commission and the State of Alaska, shall consult with the appropriate officials of the Russian Federation on the development and implementation of enhanced cooperative research and management programs for the conservation of polar bears in Alaska and Russia. The Secretary shall report the results of this consultation and provide periodic progress reports on the research and management programs to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Commerce, Science and Transportation of the Senate.
(Pub.L. 92-522, Title I, § 113(a), Oct. 21, 1972, 86 Stat. 1042; Pub.L. 103-238, § 7(b), Apr. 30, 1994, 108 Stat. 542.)
§ 1383a. Interim exemption for commercial fisheries
(a) Effective and termination dates of preemptive provisions; law governing incidental taking of marine mammals in course of commercial yellowfin tuna fishing
(1) During the period beginning on November 23, 1988, and until superseded by regulations prescribed under section 1387 of this title, or until September 1, 1995, whichever is earlier, except as provided in paragraph (2), the provisions of this section, rather than sections 1371, 1373, and 1374 of this title, shall govern the incidental taking of marine mammals in the course of commercial fishing operations by persons using vessels of the United States and vessels which have valid fishing permits issued by the Secretary in accordance with section 1824(b) of this title. In any event it shall be the immediate goal that the incidental kill or serious injury of marine mammals permitted in the course of commercial fishing operations be reduced to insignificant levels approaching a zero mortality and serious injury rate.
(2) The provisions of this section other than subsection (e)(6)(A) shall not govern the incidental taking of marine mammals in the course of commercial yellowfin tuna fishing subject to section 1374(h)(2) of this title.
(b) Proposed and final list of fisheries taking marine mammals; publication in Federal Register; grant of exemption; conditions; suspension of grant of exemption; administration of exemption provisions; fees
(1) The Secretary shall, after consultation with the Marine Mammal Commission--
(A) publish in the Federal Register, for public comment, not later than sixty days after November 23, 1988, a proposed list of those fisheries, along with a statement of the marine mammals and the approximate number of vessels or persons involved in each such fishery, that have--
(i) frequent incidental taking of marine mammals;
(ii) occasional incidental taking of marine mammals; or
(iii) a remote likelihood of or no known incidental taking of marine mammals;
(B) publish in the Federal Register not later than one hundred and twenty days after November 23, 1988, a final list of the fisheries and other information required by paragraph (A), together with a summary of the provisions of this section and information sufficient to advise vessel owners on how to obtain an exemption and otherwise comply with the requirements of this section; and
(C) at least once each year thereafter, and at such other times as the Secretary considers appropriate, reexamine, based on information gathered from the program established under subsections (c), (d), (e), and (f), and other relevant sources and after notice and opportunity for public comment, the classification of fisheries and other determinations required under subparagraph (A) and publish in the Federal Register any necessary changes.
(2)(A) An exemption shall be granted by the Secretary in accordance with this section for a vessel engaged in a fishery identified under paragraph (1)(A)(i) or (ii), upon receipt by the Secretary of a completed registration form providing the name of the vessel owner, the name and description of the vessel, the fisheries in which it will be engaged, and such other information as the Secretary considers necessary. A decal or other physical evidence that the exemption is current and valid shall be issued by the Secretary at the time an exemption is granted, and so long as the exemption remains current and valid, shall be reissued annually thereafter.
(B) No exemption may be granted under this section to the owner of a vessel unless such vessel--
(i) is a vessel of the United States; or
(ii) has a valid fishing permit issued by the Secretary in accordance with section 1824(b) of this title.
(C) Notwithstanding any other provision of this subchapter, exemptions granted under this section shall authorize the incidental taking of marine mammals, other than California sea otters, from any species or stock, including a population stock designated as depleted, but shall not authorize the intentional lethal taking of any Steller sea lion, any cetacean, or any marine mammals from a population stock designated as depleted.
(3)(A) Beginning two hundred and forty days after November 23, 1988, each owner of a vessel engaged in any fishery identified under paragraph (1)(A)(i) or (ii) shall, in order to engage lawfully in that fishery--
(i) have registered with the Secretary in order to obtain for each such vessel owned an exemption for the purpose of incidentally taking marine mammals in accordance with this section;
(ii) ensure that a decal or such other physical evidence of a current and valid exemption as the Secretary may require is displayed on or is in the possession of the master of each such vessel; and
(iii) report as required by subsection (c).
(B) Any owner of a vessel receiving an exemption under this section for any fishery identified under paragraph (1)(A)(i) shall, as a condition of that exemption, take on board a natural resource observer if requested to do so by the Secretary.
(C) An owner of a vessel engaged in a fishery identified under paragraph (1)(A)(i) or (ii) who--
(i) fails to obtain from the Secretary an exemption under this section;
(ii) fails to maintain a current and valid exemption; or
(iii) fails to ensure that a decal or other physical evidence of such exemption issued by the Secretary is displayed on or is in possession of the master of the vessel, and the master of any such vessel engaged in such fishery, shall be deemed to have violated this subchapter, and shall be subject to the penalties of this subchapter except in the case of unknowing violations before January 1, 1990.
(D) If the owner of a vessel has obtained and maintains a current and valid exemption from the Secretary under this section and meets the requirements set forth in this section, the owner of such vessel, and the master and crew members of the vessel, shall not be subject to the penalties set forth in this subchapter for the incidental taking of marine mammals while such vessel is engaged in a fishery to which the exemption applies.
(E) Each owner of a vessel engaged in any fishery not identified in paragraph (1)(A)(i) or (ii), and the master and crew members of such a vessel, shall not be subject to the penalties set forth in this subchapter for the incidental taking of marine mammals if such owner reports to the Secretary, in such form and manner as the Secretary may require, instances of lethal incidental taking in the course of that fishery.
(4) The Secretary shall suspend or revoke an exemption granted under this section and shall not issue a decal or other physical evidence of the exemption for any vessel until the owner of such vessel complies with the reporting requirements under subsection (c) and such requirements to take on board a natural resource observer under paragraph (3)(B) as are applicable to such vessel.
(5)(A) The Secretary shall develop, in consultation with the appropriate States, Regional Fishery Management Councils, and other interested parties, the means by which the granting and administration of exemptions under this section shall be integrated and coordinated, to the maximum extent practicable, with existing fishery licenses, registrations, and related programs.
(B) The Secretary shall utilize newspapers of general circulation, fishery trade associations, electronic media, and other means of advising commercial fishermen of the provisions of this section and the means by which they can comply with its requirements.
(C) The Secretary is authorized to charge a fee for the granting of an exemption under this subsection. The level of fees charged under this subparagraph shall not exceed the administrative costs incurred in granting an exemption. Fees collected under this subparagraph shall be available to the Under Secretary of Commerce for Oceans and Atmosphere for expenses incurred in the granting and administration of exemptions under this section.
(c) Compilation of information by vessel owners; contents
The owner of each vessel holding an exemption granted under subsection (b) of this section shall regularly compile information which shall be used in a report to be submitted to the Secretary at the close of the fishing season or annually, as the Secretary may prescribe. Such report shall be submitted in such form as the Secretary may require and shall include the following:
(1) the type of fishery engaged in by the owner's vessel;
(2) the date and approximate time of any incidental taking of a marine mammal, together with the area in which the incidental taking occurred, the fishing gear used at the time of the incidental taking, and the species of fish involved; and
(3) for each incidental taking, the number and species of marine mammals involved, whether the marine mammals were deterred from gear or catch, incidentally injured, incidentally killed, or lethally removed to protect gear, catch, or human life.
If there was no incidental taking of marine mammals during the reporting period, a report stating that fact shall be filed with the Secretary.
(d) Program for enhancement and verification of information received from vessel owners; confidentiality of information
(1) The Secretary shall establish a program to enhance the quality of and verify information received from reports submitted by owners of vessels who have been granted an exemption under subsection (b) of this section. The program shall include, but not be limited to--
(A) education efforts regarding the information that must be submitted;
(B) interviews with fishermen; and
(C) other such information gathering and verification activities that will enable the Secretary to determine reliably the nature, type, and extent of the incidental taking of marine mammals that occurs in a fishery.
Except to the extent authorized by the provisions of subsection (e), the program shall not include placement of observers aboard exempted vessels.
(2) Information obtained under this subsection shall be subject to the confidentiality provisions of subsection (j).
(e) Observers on board exempted vessels; confidentiality of information; authorization of appropriations
(1) For each fishery identified under subsection (b)(1)(A)(i) of this section, the Secretary shall, after consultation with the appropriate Regional Fishery Management Councils, other Federal and State agencies, and other interested parties, and subject to paragraph (6), place observers on board exempted vessels so as to monitor not less than 20 percent nor more than 35 percent of the fishing operations by vessels in the fishery to obtain statistically reliable information on the species and number of marine mammals incidentally taken in the fishery. If the Secretary determines that fewer than 20 percent of the fishing operations by vessels in the fishery will be monitored during the course of the fishing season, the Secretary shall implement the alternative observation program described in subsection (f) to the extent necessary to supplement the observer program described in this subsection.
(2) When determining the distribution of observers among fisheries and between vessels in a particular fishery, the Secretary shall be guided by the following standards:
(A) the requirement to obtain the best scientific information available;
(B) the requirement that assignment of observers is fair and equitable among fisheries and among vessels in a fishery;
(C) consistent with paragraph (1), the requirement that no individual person or vessel, or group of persons or vessels, be subject to excessive or overly burdensome observer coverage; and
(D) where practicable, the need to minimize costs and avoid duplication.
(3) If the Secretary finds that, for reasons beyond his or her control, the Secretary cannot assign observers to all the fisheries identified under subsection (b)(1)(A)(i) of this section at the level of observer coverage set forth in paragraph (1), the Secretary shall allocate available observers among such fisheries, consistent with paragraph (2), according to the following priority:
(A) those fisheries that incidentally take marine mammals from any population stock designated as depleted;
(B) those fisheries that incidentally take marine mammals from population stocks that the Secretary believes are declining;
(C) those fisheries other than those described in subparagraphs (A) and (B) in which the greatest incidental take of marine mammals occur; and
(D) any other fishery identified under subsection (b)(1)(A)(i).
The Secretary may, with the consent of the vessel owner, station an observer on board a vessel engaged in a fishery not identified under subsection (b)(1)(A)(i).
(4) Information gathered by observers shall be subject to the provisions of subsection (j). Consistent with the requirements of paragraph (1), the Secretary shall, if requested by the Appropriate1 Regional Fishery Management Council, or in the case of a State fishery, the State, require observers to collect additional information, including but not limited to the quantities, species, and physical condition of target and non-target fishery resources and, if requested by the Secretary of the Interior, seabirds.
(5) Notwithstanding the provisions of paragraph (4), the Secretary may decline to require observers to collect information described in such paragraph, if the Secretary finds in writing, following public notice and opportunity for comment, that such information will not contribute to the protection of marine mammals or the understanding of the marine ecosystem, including fishery resources and seabirds.
(6) The Secretary shall not be required to place an observer on a vessel in a fishery if the Secretary finds that--
(A) in a situation where harvesting vessels are delivering fish to a processing vessel and the catch is not taken on board the harvesting vessel, statistically reliable information can be obtained from an observer on board the processing vessel to which the fish are delivered;
(B) the facilities of a vessel for the quartering of an observer, or for carrying out observer functions, are so inadequate or unsafe that the health or safety of the observer or the safe operation of the vessel would be jeopardized; or
(C) for reasons beyond the control of the Secretary, an observer is not available.
(7)(A) An observer on a vessel (or the observer's personal representative) under the requirements of this section or section 1374 of this title that is ill, disabled, injured, or killed from service as an observer on that vessel may not bring a civil action under any law of the United States for that illness, disability, injury, or death against the vessel or vessel owner, except that a civil action may be brought against the vessel owner for the owner's willful misconduct.
(B) This paragraph does not apply if the observer is engaged by the owner, master, or individual in charge of a vessel to perform any duties in service to the vessel.
(8) There are authorized to be appropriated to the Department of Commerce for the purposes of carrying out this subsection not to exceed $2,700,000 for fiscal year 1989 and not to exceed $8,000,000 for each of the fiscal years 1990, 1991, 1992, and 1993.
(f) Alternative observation program
(1) The Secretary shall establish an alternative observation program to provide statistically reliable information on the species and number of marine mammals incidentally taken in those fisheries identified pursuant to subsection (b)(1)(A)(i) of this section for which the required level of observer coverage has not been met or for any other fisheries about which such reliable information is not otherwise available. The alternative program shall include, but not be limited to, direct observation of fishing activities from vessels, airplanes, or points on shore.
(2) Individuals engaged in the alternative observation program shall collect scientific information on the fisheries subject to observation, consistent with the requirements of paragraph (1) and subsection (e)(4) and (5). All information collected shall be subject to the provisions of subsection (j).
(g) Review of information and evaluation of effects of incidental taking on population stocks of marine mammals; promulgation of emergency regulations to mitigate immediate and significant adverse impacts; action to mitigate non-immediate impacts
(1) The Secretary shall review information regarding the incidental taking of marine mammals and evaluate the effects of such incidental taking on the affected population stocks of marine mammals.
(2) If the Secretary finds, based on the information received from the programs established under subsections (c), (d), (e), and (f), that the incidental taking of marine mammals in a fishery is having an immediate and significant adverse impact on a marine mammal population stock or, in the case of Steller sea lions and North Pacific fur seals, that more than 1,350 and 50, respectively, will be incidentally killed during a calendar year, the Secretary shall consult with appropriate Regional Fishery Management Councils and State fishery managers and prescribe emergency regulations to prevent to the maximum extent practicable any further taking. Any emergency regulations prescribed under this paragraph--
(A) shall, to the maximum extent practicable, avoid interfering with existing State or regional fishery management plans;
(B) shall be published in the Federal Register together with the reasons therefor;
(C) shall remain in effect for not more than one hundred and eighty days or until the end of the fishing season, whichever is earlier; and
(D) may be terminated by the Secretary at an earlier date by publication in the Federal Register of a notice of termination if the Secretary determines the reasons for the emergency regulations no longer exist.
In prescribing emergency regulations under this paragraph, the Secretary shall take into account the economics of the fishery concerned and the availability of existing technology to prevent or minimize incidental taking of marine mammals.
(3) If the Secretary finds, based on information received from the programs established under subsections (c), (d), (e), and (f), that incidental taking of marine mammals in a fishery is not having an immediate and significant adverse impact on a marine mammal population stock but that it will likely have a significant adverse impact over a period of time longer than one year, the Secretary shall request the appropriate Regional Fishery Management Council or State to initiate, recommend, or take such action within its authority as it considers necessary to mitigate the adverse impacts, including adjustments to requirements on fishing times or areas or the imposition of restrictions on the use of vessels or gear.
(4) The Secretary shall impose appropriate conditions and restrictions on an exemption granted under subsection (b) if--
(A) a Regional Fishery Management Council or State does not act in a reasonable period of time on a request made by the Secretary under paragraph (3); or
(B) if the Secretary determines after notice and opportunity for public comment that the purposes of this section would be better served by such action.
(h) Information and management system for processing and analyzing reports and information; accessibility to public
The Secretary shall design and implement an information management system capable of processing and analyzing reports received from the programs established under subsections (c), (d), (e), and (f), and other relevant sources, including Federal and State enforcement authorities, marine mammal stranding networks, and the marine mammal researchers. The information shall be made accessible to the public on a continuing basis, but in any case no later than six months after it is received, subject to the provisions of subsection (j).
(i) Utilization of services of State and Federal agencies and private entities
When carrying out the Secretary's responsibilities under subsections (b), (d), (e), (f), and (h) of this section, the Secretary shall, to the maximum extent practicable, utilize the services and programs of State agencies, Federal agencies (including programs established by Regional Fishery Management Councils), marine fisheries commissions, universities, and private entities, on a reimbursable basis or otherwise. The Secretary is authorized to enter into contracts and agreements to carry out his or her responsibilities and shall establish appropriate guidelines to ensure that other programs used or contracted for will meet the same standards as a program established by the Secretary. A person contracting with the Secretary to provide observer services under subsection (e) of this section must provide evidence of financial responsibility in an amount and form prescribed by the Secretary to compensate employees (or their survivors) adequately for any illness, disability, injury, or death from service on a vessel.
(j) Confidentiality of information; exceptions
(1) Any information collected under subsection (c), (d), (e), (f), or (h) of this section shall be confidential and shall not be disclosed except--
(A) to Federal employees whose duties require access to such information;
(B) to State employees pursuant to an agreement with the Secretary that prevents public disclosure of the identity or business of any person;
(C) when required by court order; or
(D) in the case of scientific information involving fisheries, to employees of Regional Fishery Management Councils who are responsible for fishery management plan development and monitoring.
(2) The Secretary shall prescribe such procedures as may be necessary to preserve such confidentiality, except that the Secretary shall release or make public any such information in aggregate, summary, or other form which does not directly or indirectly disclose the identity or business of any person.
(k) Regulations
The Secretary, in consultation with any other Federal agency to the extent that such agency may be affected, shall prescribe such regulations as necessary and appropriate to carry out the purposes of this section.
(l) Suggested regime governing incidental taking of marine mammals following termination of interim exemptions
(1) The Chairman of the Marine Mammal Commission shall, after consultation with interested parties and not later than February 1, 1990, transmit to the Secretary and make available to the public recommended guidelines to govern the incidental taking of marine mammals in the course of commercial fishing operations, other than those subject to section 1374(h)(2) of this title, after October 1, 1993. Such guidelines shall be developed by the Commission and its Committee of Scientific Advisers on Marine Mammals and shall--
(A) be designed to provide a scientific rationale and basis for determining how many marine mammals may be incidentally taken under a regime to be adopted to govern such taking after October 1, 1993;
(B) be based on sound principles of wildlife management, and be consistent with and in furtherance of the purposes and policies set forth in this chapter; and
(C) to the maximum extent practicable, include as factors to be considered and utilized in determining permissible levels of such taking--
(i) the status and trends of the affected marine mammal population stocks;
(ii) the abundance and annual net recruitment of such stocks;
(iii) the level of confidence in the knowledge of the affected stocks; and
(iv) the extent to which incidental taking will likely cause or contribute to their decline or prevent their recovery to optimum sustainable population levels.
(2) The Secretary shall advise the Chairman of the Commission in writing if the Secretary determines that any additional information or explanation of the Chairman's recommendations is needed, and the Chairman shall respond in writing to any such request by the Secretary.
(3) On or before February 1, 1991, the Secretary, after consultation with the Marine Mammal Commission, Regional Fishery Management Councils, and other interested governmental and nongovernmental organizations, shall publish in the Federal Register, for public comment, the suggested regime that the Secretary considers should, if authorized by enactment of any additional legislation, govern incidental taking of marine mammals, other than those subject to section 1374(h)(2) of this title, after October 1, 1993. The suggested regime shall include--
(A) the scientific guidelines to be used in determining permissible levels of incidental taking;
(B) a description of the arrangements for consultation and cooperation with other Federal agencies, the appropriate Regional Fishery Management Councils and States, the commercial fishing industry, and conservation organizations; and
(C) a summary of such regulations and legislation as would be necessary to implement the suggested regime.
(4) On or before January 1, 1992, the Secretary, after consultation with the Marine Mammal Commission, and consideration of public comment, shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives recommendations pertaining to the incidental taking of marine mammals, other than those subject to section 1374(h)(2) of this title, after October 1, 1993. The recommendations shall include--
(A) the suggested regime developed under paragraph (3) of this subsection as modified after comment and consultations;
(B) a proposed schedule for implementing the suggested regime; and
(C) such recommendations for additional legislation as the Secretary considers necessary or desirable to implement the suggested regime.
(m) Consultation with Secretary of the Interior
The Secretary shall consult with the Secretary of the Interior prior to taking actions or making determinations under this section that affect or relate to species or population stocks of marine mammals for which the Secretary of the Interior is responsible under this subchapter.
(n) Owner of fixed commercial fishing gear deemed owner of vessel engaged in fishery in which gear deployed
For the purposes of this section, the owner of fixed or other commercial fishing gear that is deployed with or without the use of a vessel shall be deemed to be an owner of a vessel engaged in the fishery in which that gear is deployed.
(o) Definitions
As used in this section--
(1) the term “fishery” has the same meaning as it does in section 1802(8) of this title.
(2) the term “Secretary” means the Secretary of Commerce.
(3) the term “vessel engaged in a fishery” means a fishing vessel as defined in section 2101(12) of Title 46 or a fish processing vessel as defined in section 2101(13) of that title, which is engaged in fishery.
(4) the term “vessel of the United States” has the same meaning as it does in section 1802(27) of this title.
(Pub.L. 92-522, Title I, § 114, as added Pub.L. 100-711, § 2(a)(2), Nov. 23, 1988, 102 Stat. 4755; amended Pub.L. 103-86, Sept. 30, 1993, 107 Stat. 930; Pub.L. 103-228, Mar. 31, 1994, 108 Stat. 281; Pub.L. 103-238, § 15(a), Apr. 30, 1994, 108 Stat. 559; Pub.L. 104-43, Title IV, § 404(a)(1), Nov. 3, 1995, 109 Stat. 390; Pub.L. 104-208, Div. A, Title I, § 101(a) [Title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41; Pub.L. 115-232, Div. C, Title XXXV, § 3541(b)(1), Aug. 13, 2018, 132 Stat. 2323.)
[FN1] So in original. Probably should not be capitalized.
§ 1383b. Status review; conservation plans
(a) Determinations by rule; notice and hearing; findings; final rule on status of species or stock involved
(1) In any action by the Secretary to determine if a species or stock should be designated as depleted, or should no longer be designated as depleted, regardless of whether such action is taken on the initiative of the Secretary or in response to a petition for a status review, the Secretary shall only make such a determination by issuance of a rule, after notice and opportunity for public comment and after a call for information in accordance with paragraph (2).
(2) The Secretary shall make any determination described in paragraph (1) solely on the basis of the best scientific information available. Prior to the issuance of a proposed rule concerning any such determination, the Secretary shall publish in the Federal Register a call to assist the Secretary in obtaining scientific information from individuals and organizations concerned with the conservation of marine mammals, from persons in any industry which might be affected by the determination, and from academic institutions. In addition, the Secretary shall utilize, to the extent the Secretary determines to be feasible, informal working groups of interested parties and other methods to gather the necessary information.
(3)(A) If the Secretary receives a petition for a status review as described in paragraph (1), the Secretary shall publish a notice in the Federal Register that such a petition has been received and is available for public review.
(B) Within sixty days after receipt of the petition, the Secretary shall publish a finding in the Federal Register as to whether the petition presents substantial information indicating that the petitioned action may be warranted.
(C) If the Secretary makes a positive finding under subparagraph (B), the Secretary shall include in the Federal Register notice, a finding that--
(i) a review of the status of the species or stock will be commenced promptly; or
(ii) a prompt review of the petition is precluded by other pending status determination petitions and that expeditious progress is being made to process pending status determination petitions under this subchapter.
In no case after making a finding under this subparagraph shall the Secretary delay commencing a review of the status of a species or stock for more than one hundred and twenty days after receipt of the petition.
(D) No later than two hundred and ten days after the receipt of the petition, the Secretary shall publish in the Federal Register a proposed rule as to the status of the species or stock, along with the reasons underlying the proposed status determination. Persons shall have at least sixty days to submit comments on such a proposed rule.
(E) Not later than ninety days after the close of the comment period on a proposed rule issued under subparagraph (D), the Secretary shall issue a final rule on the status of the species or stock involved, along with the reasons for the status determination. If the Secretary finds with respect to such a proposed rule that there is substantial disagreement regarding the sufficiency or accuracy of the available information relevant to a status determination, the Secretary may delay the issuance of a final rule for a period of not more than six months for purposes of soliciting additional information.
(F) Notwithstanding subparagraphs (D) and (E) of this paragraph and section 553 of Title 5, the Secretary may issue a final rule as to the status of a species or stock any time sixty or more days after a positive finding under subparagraph (B) if the Secretary determines there is substantial information available to warrant such final status determination and further delay would pose a significant risk to the well-being of any species or stock. Along with the final rule, the Secretary shall publish in the Federal Register detailed reasons for the expedited determination.
(b) Conservation plans; preparation and implementation
(1) The Secretary shall prepare conservation plans--
(A) By [FN1] December 31, 1989, for North Pacific fur seals;
(B) by December 31, 1990, for Steller sea lions; and
(C) as soon as possible, for any species or stock designated as depleted under this subchapter, except that a conservation plan need not be prepared if the Secretary determines that it will not promote the conservation of the species or stock.
(2) Each plan shall have the purpose of conserving and restoring the species or stock to its optimum sustainable population. The Secretary shall model such plans on recovery plans required under section 1533(f) of this title.
(3) The Secretary shall act expeditiously to implement each conservation plan prepared under paragraph (1). Each year, the Secretary shall specify in the annual report prepared under section 1373(f) of this title what measures have been taken to prepare and implement such plans.
(4) If the Secretary determines that a take reduction plan is necessary to reduce the incidental taking of marine mammals in the course of commercial fishing operations from a strategic stock, or for species or stocks which interact with a commercial fishery for which the Secretary has made a determination under section 1387(f)(1) of this title, any conservation plan prepared under this subsection for such species or stock shall incorporate the take reduction plan required under section 1387 of this title for such species or stock.
(Pub.L. 92-522, Title I, § 115, as added Pub.L. 100-711, § 3, Nov. 23, 1988, 102 Stat. 4763; amended Pub.L. 103-238, § 8, Apr. 30, 1994, 108 Stat. 543.)
§ 1384. Authorization of appropriations
(a) Department of Commerce
(1) There are authorized to be appropriated to the Department of Commerce, for purposes of carrying out its functions and responsibilities under this subchapter (other than sections 1386 and 1387 of this title) and subchapter V of this chapter, $12,138,000 for fiscal year 1994, $12,623,000 for fiscal year 1995, $13,128,000 for fiscal year 1996, $13,653,000 for fiscal year 1997, $14,200,000 for fiscal year 1998, and $14,768,000 for fiscal year 1999.
(2) There are authorized to be appropriated to the Department of Commerce, for purposes of carrying out sections 1386 and 1387 of this title, $20,000,000 for each of the fiscal years 1994 through 1999.
(b) Department of the Interior
There are authorized to be appropriated to the Department of the Interior, for purposes of carrying out its functions and responsibilities under this subchapter, $8,000,000 for fiscal year 1994, $8,600,000 for fiscal year 1995, $9,000,000 for fiscal year 1996, $9,400,000 for fiscal year 1997, $9,900,000 for fiscal year 1998, and $10,296,000 for fiscal year 1999.
(Pub.L. 92-522, Title I, § 116, formerly § 114, Oct. 21, 1972, 86 Stat. 1043; Pub.L. 95-136, § 2, Oct. 18, 1977, 91 Stat. 1167; Pub.L. 95-316, § 3, July 10, 1978, 92 Stat. 380; renumbered § 116, Pub.L. 100-711, § 2(a)(1), Nov. 23, 1988, 102 Stat. 4755; Pub.L. 103-238, § 9(a), Apr. 30, 1994, 108 Stat. 543.)
§ 1385. Dolphin protection
(a) Short title
This section may be cited as the “Dolphin Protection Consumer Information Act”.
(b) Findings
(1) dolphins and other marine mammals are frequently killed in the course of tuna fishing operations in the eastern tropical Pacific Ocean and high seas driftnet fishing in other parts of the world;
(2) it is the policy of the United States to support a worldwide ban on high seas driftnet fishing, in part because of the harmful effects that such driftnets have on marine mammals, including dolphins; and
(3) consumers would like to know if the tuna they purchase is falsely labeled as to the effect of the harvesting of the tuna on dolphins.
(c) Definitions
For purposes of this section--
(1) the terms “driftnet” and “driftnet fishing” have the meanings given those terms in section 4003 of the Driftnet Impact Monitoring, Assessment, and Control Act of 1987 (16 U.S.C. 1822 note);
(2) the term “eastern tropical Pacific Ocean” means the area of the Pacific Ocean bounded by 40 degrees north latitude, 40 degrees south latitude, 160 degrees west longitude, and the western coastlines of North, Central, and South America;
(3) the term “label” means a display of written, printed, or graphic matter on or affixed to the immediate container of any article;
(4) the term “Secretary” means the Secretary of Commerce; and
(5) the term “tuna product” means a food item which contains tuna and which has been processed for retail sale, except perishable sandwiches, salads, or other products with a shelf life of less than 3 days.
(d) Labeling standard
(1) It is a violation of section 45 of Title 15 for any producer, importer, exporter, distributor, or seller of any tuna product that is exported from or offered for sale in the United States to include on the label of that product the term “dolphin safe” or any other term or symbol that falsely claims or suggests that the tuna contained in the product were harvested using a method of fishing that is not harmful to dolphins if the product contains tuna harvested--
(A) on the high seas by a vessel engaged in driftnet fishing;
(B) outside the eastern tropical Pacific Ocean by a vessel using purse seine nets--
(i) in a fishery in which the Secretary has determined that a regular and significant association occurs between dolphins and tuna (similar to the association between dolphins and tuna in the eastern tropical Pacific Ocean), unless such product is accompanied by a written statement, executed by the captain of the vessel and an observer participating in a national or international program acceptable to the Secretary, certifying that no purse seine net was intentionally deployed on or used to encircle dolphins during the particular voyage on which the tuna were caught and no dolphins were killed or seriously injured in the sets in which the tuna were caught; or
(ii) in any other fishery (other than a fishery described in subparagraph (D)) unless the product is accompanied by a written statement executed by the captain of the vessel certifying that no purse seine net was intentionally deployed on or used to encircle dolphins during the particular voyage on which the tuna was harvested;
(C) in the eastern tropical Pacific Ocean by a vessel using a purse seine net unless the tuna meet the requirements for being considered dolphin safe under paragraph (2); or
(D) by a vessel in a fishery other than one described in subparagraph (A), (B), or (C) that is identified by the Secretary as having a regular and significant mortality or serious injury of dolphins, unless such product is accompanied by a written statement executed by the captain of the vessel and an observer participating in a national or international program acceptable to the Secretary that no dolphins were killed or seriously injured in the sets or other gear deployments in which the tuna were caught, provided that the Secretary determines that such an observer statement is necessary.
(2) For purposes of paragraph (1)(C), a tuna product that contains tuna harvested in the eastern tropical Pacific Ocean by a vessel using purse seine nets is dolphin safe if--
(A) the vessel is of a type and size that the Secretary has determined, consistent with the International Dolphin Conservation Program, is not capable of deploying its purse seine nets on or to encircle dolphins; or
(B)(i) the product is accompanied by a written statement executed by the captain providing the certification required under subsection (h);
(ii) the product is accompanied by a written statement executed by--
(I) the Secretary or the Secretary's designee;
(II) a representative of the Inter-American Tropical Tuna Commission; or
(III) an authorized representative of a participating nation whose national program meets the requirements of the International Dolphin Conservation Program,
which states that there was an observer approved by the International Dolphin Conservation Program on board the vessel during the entire trip and that such observer provided the certification required under subsection (h); and
(iii) the statements referred to in clauses (i) and (ii) are endorsed in writing by each exporter, importer, and processor of the product; and
(C) the written statements and endorsements referred to in subparagraph (B) comply with regulations promulgated by the Secretary which provide for the verification of tuna products as dolphin safe.
(3)(A) The Secretary of Commerce shall develop an official mark that may be used to label tuna products as dolphin safe in accordance with this section.1
(B) A tuna product that bears the dolphin safe mark developed under subparagraph (A) shall not bear any other label or mark that refers to dolphins, porpoises, or marine mammals.
(C) It is a violation of section 45 of Title 15 to label a tuna product with any label or mark that refers to dolphins, porpoises, or marine mammals other than the mark developed under subparagraph (A) unless--
(i) no dolphins were killed or seriously injured in the sets or other gear deployments in which the tuna were caught;
(ii) the label is supported by a tracking and verification program which is comparable in effectiveness to the program established under subsection (f); and
(iii) the label complies with all applicable labeling, marketing, and advertising laws and regulations of the Federal Trade Commission, including any guidelines for environmental labeling.
(D) If the Secretary determines that the use of a label referred to in subparagraph (C) is substantially undermining the conservation goals of the International Dolphin Conservation Program, the Secretary shall report that determination to the United States Senate Committee on Commerce, Science, and Transportation and the United States House of Representatives Committees on Resources and on Commerce, along with recommendations to correct such problems.
(E) It is a violation of section 45 of Title 15 willingly and knowingly to use a label referred to in subparagraph (C) in a campaign or effort to mislead or deceive consumers about the level of protection afforded dolphins under the International Dolphin Conservation Program.
(e) Additional prohibitions and enforcement
For additional prohibitions relating to this section1 and enforcement of this section,1 see section 1826g of this title.
(f) Regulations
The Secretary, in consultation with the Secretary of the Treasury, shall issue regulations to implement this section,1 including regulations to establish a domestic tracking and verification program that provides for the effective tracking of tuna labeled under subsection (d). In the development of these regulations, the Secretary shall establish appropriate procedures for ensuring the confidentiality of proprietary information the submission of which is voluntary or mandatory. The regulations shall address each of the following items:
(1) The use of weight calculation for purposes of tracking tuna caught, landed, processed, and exported.
(2) Additional measures to enhance current observer coverage, including the establishment of criteria for training, and for improving monitoring and reporting capabilities and procedures.
(3) The designation of well location, procedures for sealing holds, procedures for monitoring and certifying both above and below deck, or through equally effective methods, the tracking and verification of tuna labeled under subsection (d).
(4) The reporting, receipt, and database storage of radio and facsimile transmittals from fishing vessels containing information related to the tracking and verification of tuna, and the definition of set.
(5) The shore-based verification and tracking throughout the fishing, transshipment, and canning process by means of Inter-American Tropical Tuna Commission trip records or otherwise.
(6) The use of periodic audits and spot checks for caught, landed, and processed tuna products labeled in accordance with subsection (d).
(7) The provision of timely access to data required under this subsection by the Secretary from harvesting nations to undertake the actions required in paragraph (6) of this paragraph.2
The Secretary may make such adjustments as may be appropriate to the regulations promulgated under this subsection to implement an international tracking and verification program that meets or exceeds the minimum requirements established by the Secretary under this subsection.
(g) Secretarial findings
(1) Between March 1, 1999, and March 31, 1999, the Secretary shall, on the basis of the research conducted before March 1, 1999, under section 1414a(a) of this title, information obtained under the International Dolphin Conservation Program, and any other relevant information, make an initial finding regarding whether the intentional deployment on or encirclement of dolphins with purse seine nets is having a significant adverse impact on any depleted dolphin stock in the eastern tropical Pacific Ocean. The initial finding shall be published immediately in the Federal Register and shall become effective upon a subsequent date determined by the Secretary.
(2) Between July 1, 2001, and December 31, 2002, the Secretary shall, on the basis of the completed study conducted under section 1414a(a) of this title, information obtained under the International Dolphin Conservation Program, and any other relevant information, make a finding regarding whether the intentional deployment on or encirclement of dolphins with purse seine nets is having a significant adverse impact on any depleted dolphin stock in the eastern tropical Pacific Ocean. The finding shall be published immediately in the Federal Register and shall become effective upon a subsequent date determined by the Secretary.
(h) Certification by captain and observer
(1) Unless otherwise required by paragraph (2), the certification by the captain under subsection (d)(2)(B)(i) and the certification provided by the observer as specified in subsection (d)(2)(B)(ii) shall be that no dolphins were killed or seriously injured during the sets in which the tuna were caught.
(2) The certification by the captain under subsection (d)(2)(B)(i) and the certification provided by the observer as specified under subsection (d)(2)(B)(ii) shall be that no tuna were caught on the trip in which such tuna were harvested using a purse seine net intentionally deployed on or to encircle dolphins, and that no dolphins were killed or seriously injured during the sets in which the tuna were caught, if the tuna were caught on a trip commencing--
(A) before the effective date of the initial finding by the Secretary under subsection (g)(1);
(B) after the effective date of such initial finding and before the effective date of the finding of the Secretary under subsection (g)(2), where the initial finding is that the intentional deployment on or encirclement of dolphins is having a significant adverse impact on any depleted dolphin stock; or
(C) after the effective date of the finding under subsection (g)(2), where such finding is that the intentional deployment on or encirclement of dolphins is having a significant adverse impact on any such depleted stock.
(Pub.L. 101-627, Title IX, § 901, Nov. 28, 1990, 104 Stat. 4465; Pub.L. 105-42, § 5, Aug. 15, 1997, 111 Stat. 1125; Pub.L. 114-81, Title I, § 109, Nov. 5, 2015, 129 Stat. 659.)
[FN1] So in original. Probably should be “this section”.
[FN2] So in original. Probably should be “this subsection”.
§ 1386. Stock assessments
(a) In general
Not later than August 1, 1994, the Secretary shall, in consultation with the appropriate regional scientific review group established under subsection (d) of this section, prepare a draft stock assessment for each marine mammal stock which occurs in waters under the jurisdiction of the United States. Each draft stock assessment, based on the best scientific information available, shall--
(1) describe the geographic range of the affected stock, including any seasonal or temporal variation in such range;
(2) provide for such stock the minimum population estimate, current and maximum net productivity rates, and current population trend, including a description of the information upon which these are based;
(3) estimate the annual human-caused mortality and serious injury of the stock by source and, for a strategic stock, other factors that may be causing a decline or impeding recovery of the stock, including effects on marine mammal habitat and prey;
(4) describe commercial fisheries that interact with the stock, including--
(A) the approximate number of vessels actively participating in each such fishery;
(B) the estimated level of incidental mortality and serious injury of the stock by each such fishery on an annual basis;
(C) seasonal or area differences in such incidental mortality or serious injury; and
(D) the rate, based on the appropriate standard unit of fishing effort, of such incidental mortality and serious injury, and an analysis stating whether such level is insignificant and is approaching a zero mortality and serious injury rate;
(5) categorize the status of the stock as one that either--
(A) has a level of human-caused mortality and serious injury that is not likely to cause the stock to be reduced below its optimum sustainable population; or
(B) is a strategic stock, with a description of the reasons therefor; and
(6) estimate the potential biological removal level for the stock, describing the information used to calculate it, including the recovery factor.
(b) Public comment
(1) The Secretary shall publish in the Federal Register a notice of the availability of a draft stock assessment or any revision thereof and provide an opportunity for public review and comment during a period of 90 days. Such notice shall include a summary of the assessment and a list of the sources of information or published reports upon which the assessment is based.
(2) Subsequent to the notice of availability required under paragraph (1), if requested by a person to which section 1371(b) of this title applies, the Secretary shall conduct a proceeding on the record prior to publishing a final stock assessment or any revision thereof for any stock subject to taking under section 1371(b) of this title.
(3) After consideration of the best scientific information available, the advice of the appropriate regional scientific review group established under subsection (d) of this section, and the comments of the general public, the Secretary shall publish in the Federal Register a notice of availability and a summary of the final stock assessment or any revision thereof, not later than 90 days after--
(A) the close of the public comment period on a draft stock assessment or revision thereof; or
(B) final action on an agency proceeding pursuant to paragraph (2).
(c) Review and revision
(1) The Secretary shall review stock assessments in accordance with this subsection--
(A) at least annually for stocks which are specified as strategic stocks;
(B) at least annually for stocks for which significant new information is available; and
(C) at least once every 3 years for all other stocks.
(2) If the review under paragraph (1) indicates that the status of the stock has changed or can be more accurately determined, the Secretary shall revise the stock assessment in accordance with subsection (b) of this section.
(d) Regional scientific review groups
(1) Not later than 60 days after April 30, 1994, the Secretary of Commerce shall, in consultation with the Secretary of the Interior (with respect to marine mammals under that Secretary's jurisdiction), the Marine Mammal Commission, the Governors of affected adjacent coastal States, regional fishery and wildlife management authorities, Alaska Native organizations and Indian tribes, and environmental and fishery groups, establish three independent regional scientific review groups representing Alaska, the Pacific Coast (including Hawaii), and the Atlantic Coast (including the Gulf of Mexico), consisting of individuals with expertise in marine mammal biology and ecology, population dynamics and modeling, commercial fishing technology and practices, and stocks taken under section 1371(b) of this title. The Secretary of Commerce shall, to the maximum extent practicable, attempt to achieve a balanced representation of viewpoints among the individuals on each regional scientific review group. The regional scientific review groups shall advise the Secretary on--
(A) population estimates and the population status and trends of such stocks;
(B) uncertainties and research needed regarding stock separation, abundance, or trends, and factors affecting the distribution, size, or productivity of the stock;
(C) uncertainties and research needed regarding the species, number, ages, gender, and reproductive status of marine mammals;
(D) research needed to identify modifications in fishing gear and practices likely to reduce the incidental mortality and serious injury of marine mammals in commercial fishing operations;
(E) the actual, expected, or potential impacts of habitat destruction, including marine pollution and natural environmental change, on specific marine mammal species or stocks, and for strategic stocks, appropriate conservation or management measures to alleviate any such impacts; and
(F) any other issue which the Secretary or the groups consider appropriate.
(2) The scientific review groups established under this subsection shall not be subject to the Federal Advisory Committee Act (5 App. U.S.C.).
(3) Members of the scientific review groups shall serve without compensation, but may be reimbursed by the Secretary, upon request, for reasonable travel costs and expenses incurred in performing their obligations.
(4) The Secretary may appoint or reappoint individuals to the regional scientific review groups under paragraph (1) as needed.
(e) Effect on section 1371(b) of this title
This section shall not affect or otherwise modify the provisions of section 1371(b) of this title.
(Pub.L. 92-522, Title I, § 117, as added Pub.L. 103-238, § 10, Apr. 30, 1994, 108 Stat. 544.)
§ 1387. Taking of marine mammals incidental to commercial fishing operations
(1) Effective on April 30, 1994, and except as provided in section 1383a of this title and in paragraphs (2), (3), and (4) of this subsection, the provisions of this section shall govern the incidental taking of marine mammals in the course of commercial fishing operations by persons using vessels of the United States or vessels which have valid fishing permits issued by the Secretary in accordance with section 1824(b) of this title. In any event it shall be the immediate goal that the incidental mortality or serious injury of marine mammals occurring in the course of commercial fishing operations be reduced to insignificant levels approaching a zero mortality and serious injury rate within 7 years after April 30, 1994.
(2) In the case of the incidental taking of marine mammals from species or stocks designated under this chapter as depleted on the basis of their listing as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), both this section and section 1371(a)(5)(E) of this title shall apply.
(3) Sections [FN1] 1374(h) of this title and subchapter IV of this chapter, and not this section, shall govern the taking of marine mammals in the course of commercial purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean.
(4) This section shall not govern the incidental taking of California sea otters and shall not be deemed to amend or repeal the Act of November 7, 1986 (Public Law 99-625; 100 Stat. 3500).
(5) Except as provided in section 1371(c) of this title, the intentional lethal take of any marine mammal in the course of commercial fishing operations is prohibited.
(6) Sections 1373 and 1374 of this title shall not apply to the incidental taking of marine mammals under the authority of this section.
(b) Zero mortality rate goal
(1) Commercial fisheries shall reduce incidental mortality and serious injury of marine mammals to insignificant levels approaching a zero mortality and serious injury rate within 7 years after April 30, 1994.
(2) Fisheries which maintain insignificant serious injury and mortality levels approaching a zero rate shall not be required to further reduce their mortality and serious injury rates.
(3) Three years after April 30, 1994, the Secretary shall review the progress of all commercial fisheries, by fishery, toward reducing incidental mortality and serious injury to insignificant levels approaching a zero rate. The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives a report setting forth the results of such review within 1 year after commencement of the review. The Secretary shall note any commercial fishery for which additional information is required to accurately assess the level of incidental mortality and serious injury of marine mammals in the fishery.
(4) If the Secretary determines after review under paragraph (3) that the rate of incidental mortality and serious injury of marine mammals in a commercial fishery is not consistent with paragraph (1), then the Secretary shall take appropriate action under subsection (f) of this section.
(c) Registration and authorization
(1) The Secretary shall, within 90 days after April 30, 1994--
(A) publish in the Federal Register for public comment, for a period of not less than 90 days, any necessary changes to the Secretary's list of commercial fisheries published under section 1383a(b)(1) of this title and which is in existence on March 31, 1994 (along with an explanation of such changes and a statement describing the marine mammal stocks interacting with, and the approximate number of vessels or persons actively involved in, each such fishery), with respect to commercial fisheries that have--
(i) frequent incidental mortality and serious injury of marine mammals;
(ii) occasional incidental mortality and serious injury of marine mammals; or
(iii) a remote likelihood of or no known incidental mortality or serious injury of marine mammals;
(B) after the close of the period for such public comment, publish in the Federal Register a revised list of commercial fisheries and an update of information required by subparagraph (A), together with a summary of the provisions of this section and information sufficient to advise vessel owners on how to obtain an authorization and otherwise comply with the requirements of this section; and
(C) at least once each year thereafter, and at such other times as the Secretary considers appropriate, reexamine, based on information gathered under this chapter and other relevant sources and after notice and opportunity for public comment, the classification of commercial fisheries and other determinations required under subparagraph (A) and publish in the Federal Register any necessary changes.
(2)(A) An authorization shall be granted by the Secretary in accordance with this section for a vessel engaged in a commercial fishery listed under paragraph (1)(A) (i) or (ii), upon receipt by the Secretary of a completed registration form providing the name of the vessel owner and operator, the name and description of the vessel, the fisheries in which it will be engaged, the approximate time, duration, and location of such fishery operations, and the general type and nature of use of the fishing gear and techniques used. Such information shall be in a readily usable format that can be efficiently entered into and utilized by an automated or computerized data processing system. A decal or other physical evidence that the authorization is current and valid shall be issued by the Secretary at the time an authorization is granted, and so long as the authorization remains current and valid, shall be reissued annually thereafter.
(B) No authorization may be granted under this section to the owner of a vessel unless such vessel--
(C) Except as provided in subsection (a) of this section, an authorization granted under this section shall allow the incidental taking of all species and stocks of marine mammals to which this chapter applies.
(3)(A) An owner of a vessel engaged in any fishery listed under paragraph (1)(A) (i) or (ii) shall, in order to engage in the lawful incidental taking of marine mammals in a commercial fishery--
(i) have registered as required under paragraph (2) with the Secretary in order to obtain for each such vessel owned and used in the fishery an authorization for the purpose of incidentally taking marine mammals in accordance with this section, except that owners of vessels holding valid certificates of exemption under section 1383a of this title are deemed to have registered for purposes of this subsection for the period during which such exemption is valid;
(ii) ensure that a decal or such other physical evidence of a current and valid authorization as the Secretary may require is displayed on or is in the possession of the master of each such vessel;
(iii) report as required by subsection (e) of this section; and
(iv) comply with any applicable take reduction plan and emergency regulations issued under this section.
(B) Any owner of a vessel receiving an authorization under this section for any fishery listed under paragraph (1)(A)(i) or (ii) shall, as a condition of that authorization, take on board an observer if requested to do so by the Secretary.
(C) An owner of a vessel engaged in a fishery listed under paragraph (1)(A)(i) or (ii) who--
(i) fails to obtain from the Secretary an authorization for such vessel under this section;
(ii) fails to maintain a current and valid authorization for such vessel; or
(iii) fails to ensure that a decal or other physical evidence of such authorization issued by the Secretary is displayed on or is in possession of the master of the vessel,
and the master of any such vessel engaged in such fishery, shall be deemed to have violated this subchapter, and for violations of clauses (i) and (ii) shall be subject to the penalties of this subchapter, and for violations of clause (iii) shall be subject to a fine of not more than $100 for each offense.
(D) If the owner of a vessel has obtained and maintains a current and valid authorization from the Secretary under this section and meets the requirements set forth in this section, including compliance with any regulations to implement a take reduction plan under this section, the owner of such vessel, and the master and crew members of the vessel, shall not be subject to the penalties set forth in this subchapter for the incidental taking of marine mammals while such vessel is engaged in a fishery to which the authorization applies.
(E) Each owner of a vessel engaged in any fishery not listed under paragraph (1)(A)(i) or (ii), and the master and crew members of such a vessel, shall not be subject to the penalties set forth in this subchapter for the incidental taking of marine mammals if such owner reports to the Secretary, in the form and manner required under subsection (e) of this section, instances of incidental mortality or injury of marine mammals in the course of that fishery.
(4)(A) The Secretary shall suspend or revoke an authorization granted under this section and shall not issue a decal or other physical evidence of the authorization for any vessel until the owner of such vessel complies with the reporting requirements under subsection (e) of this section and such requirements to take on board an observer under paragraph (3)(B) as are applicable to such vessel. Previous failure to comply with the requirements of section 1383a of this title shall not bar authorization under this section for an owner who complies with the requirements of this section.
(B) The Secretary may suspend or revoke an authorization granted under this subsection, and may not issue a decal or other physical evidence of the authorization for any vessel which fails to comply with a take reduction plan or emergency regulations issued under this section.
(C) The owner and master of a vessel which fails to comply with a take reduction plan shall be subject to the penalties of sections 1375 and 1377 of this title, and may be subject to section 1376 of this title.
(5)(A) The Secretary shall develop, in consultation with the appropriate States, affected Regional Fishery Management Councils, and other interested persons, the means by which the granting and administration of authorizations under this section shall be integrated and coordinated, to the maximum extent practicable, with existing fishery licenses, registrations, and related programs.
(C) The Secretary is authorized to charge a fee for the granting of an authorization under this section. The level of fees charged under this subparagraph shall not exceed the administrative costs incurred in granting an authorization. Fees collected under this subparagraph shall be available to the Under Secretary of Commerce for Oceans and Atmosphere for expenses incurred in the granting and administration of authorizations under this section.
(d) Monitoring of incidental takes
(1) The Secretary shall establish a program to monitor incidental mortality and serious injury of marine mammals during the course of commercial fishing operations. The purposes of the monitoring program shall be to--
(A) obtain statistically reliable estimates of incidental mortality and serious injury;
(B) determine the reliability of reports of incidental mortality and serious injury under subsection (e) of this section; and
(C) identify changes in fishing methods or technology that may increase or decrease incidental mortality and serious injury.
(2) Pursuant to paragraph (1), the Secretary may place observers on board vessels as necessary, subject to the provisions of this section. Observers may, among other tasks--
(A) record incidental mortality and injury, or by catch of other nontarget species;
(B) record numbers of marine mammals sighted; and
(C) perform other scientific investigations.
(3) In determining the distribution of observers among commercial fisheries and vessels within a fishery, the Secretary shall be guided by the following standards:
(A) The requirement to obtain statistically reliable information.
(B) The requirement that assignment of observers is fair and equitable among fisheries and among vessels in a fishery.
(C) The requirement that no individual person or vessel, or group of persons or vessels, be subject to excessive or overly burdensome observer coverage.
(D) To the extent practicable, the need to minimize costs and avoid duplication.
(4) To the extent practicable, the Secretary shall allocate observers among commercial fisheries in accordance with the following priority:
(A) The highest priority for allocation shall be for commercial fisheries that have incidental mortality or serious injury of marine mammals from stocks listed as endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(B) The second highest priority for allocation shall be for commercial fisheries that have incidental mortality and serious injury of marine mammals from strategic stocks.
(C) The third highest priority for allocation shall be for commercial fisheries that have incidental mortality or serious injury of marine mammals from stocks for which the level of incidental mortality and serious injury is uncertain.
(5) The Secretary may establish an alternative observer program to provide statistically reliable information on the species and number of marine mammals incidentally taken in the course of commercial fishing operations. The alternative observer program may include direct observation of fishing activities from vessels, airplanes, or points on shore.
(6) The Secretary is not required to place an observer on a vessel in a fishery if the Secretary finds that--
(A) in a situation in which harvesting vessels are delivering fish to a processing vessel, and the catch is not taken on board the harvesting vessel, statistically reliable information can be obtained from an observer on board the processing vessel to which the fish are delivered;
(B) the facilities on a vessel for quartering of an observer, or for carrying out observer functions, are so inadequate or unsafe that the health or safety of the observer or the safe operation of the vessel would be jeopardized; or
(7) The Secretary may, with the consent of the vessel owner, station an observer on board a vessel engaged in a fishery not listed under subsection (c)(1)(A)(i) or (ii) of this section.
(8) Any proprietary information collected under this subsection shall be confidential and shall not be disclosed except--
(B) to State or tribal employees pursuant to an agreement with the Secretary that prevents public disclosure of the identity or business of any person;
(9) The Secretary shall prescribe such procedures as may be necessary to preserve such confidentiality, except that the Secretary shall release or make public upon request any such information in aggregate, summary, or other form which does not directly or indirectly disclose the identity or business of any person.
(e) Reporting requirement
The owner or operator of a commercial fishing vessel subject to this chapter shall report all incidental mortality and injury of marine mammals in the course of commercial fishing operations to the Secretary by mail or other means acceptable to the Secretary within 48 hours after the end of each fishing trip on a standard postage-paid form to be developed by the Secretary under this section. Such form shall be capable of being readily entered into and usable by an automated or computerized data processing system and shall require the vessel owner or operator to provide the following:
(1) The vessel name, and Federal, State, or tribal registration numbers of the registered vessel.
(2) The name and address of the vessel owner or operator.
(3) The name and description of the fishery.
(4) The species of each marine mammal incidentally killed or injured, and the date, time, and approximate geographic location of such occurrence.
(f) Take reduction plans
(1) The Secretary shall develop and implement a take reduction plan designed to assist in the recovery or prevent the depletion of each strategic stock which interacts with a commercial fishery listed under subsection (c)(1)(A)(i) or (ii) of this section, and may develop and implement such a plan for any other marine mammal stocks which interact with a commercial fishery listed under subsection (c)(1)(A)(i) of this section which the Secretary determines, after notice and opportunity for public comment, has a high level of mortality and serious injury across a number of such marine mammal stocks.
(2) The immediate goal of a take reduction plan for a strategic stock shall be to reduce, within 6 months of its implementation, the incidental mortality or serious injury of marine mammals incidentally taken in the course of commercial fishing operations to levels less than the potential biological removal level established for that stock under section 1386 of this title. The long-term goal of the plan shall be to reduce, within 5 years of its implementation, the incidental mortality or serious injury of marine mammals incidentally taken in the course of commercial fishing operations to insignificant levels approaching a zero mortality and serious injury rate, taking into account the economics of the fishery, the availability of existing technology, and existing State or regional fishery management plans.
(3) If there is insufficient funding available to develop and implement a take reduction plan for all such stocks that interact with commercial fisheries listed under subsection (c)(1)(A)(i) or (ii) of this section, the Secretary shall give highest priority to the development and implementation of take reduction plans for species or stocks whose level of incidental mortality and serious injury exceeds the potential biological removal level, those that have a small population size, and those which are declining most rapidly.
(4) Each take reduction plan shall include--
(A) a review of the information in the final stock assessment published under section 1386(b) of this title and any substantial new information;
(B) an estimate of the total number and, if possible, age and gender, of animals from the stock that are being incidentally lethally taken or seriously injured each year during the course of commercial fishing operations, by fishery;
(C) recommended regulatory or voluntary measures for the reduction of incidental mortality and serious injury;
(D) recommended dates for achieving the specific objectives of the plan.
(5)(A) For any stock in which incidental mortality and serious injury from commercial fisheries exceeds the potential biological removal level established under section 1386 of this title, the plan shall include measures the Secretary expects will reduce, within 6 months of the plan's implementation, such mortality and serious injury to a level below the potential biological removal level.
(B) For any stock in which human-caused mortality and serious injury exceeds the potential biological removal level, other than a stock to which subparagraph (A) applies, the plan shall include measures the Secretary expects will reduce, to the maximum extent practicable within 6 months of the plan's implementation, the incidental mortality and serious injury by such commercial fisheries from that stock. For purposes of this subparagraph, the term “maximum extent practicable” means to the lowest level that is feasible for such fisheries within the 6-month period.
(6)(A) At the earliest possible time (not later than 30 days) after the Secretary issues a final stock assessment under section 1386(b) of this title for a strategic stock, the Secretary shall, and for stocks that interact with a fishery listed under subsection (c)(1)(A)(i) of this section for which the Secretary has made a determination under paragraph (1), the Secretary may--
(i) establish a take reduction team for such stock and appoint the members of such team in accordance with subparagraph (C); and
(ii) publish in the Federal Register a notice of the team's establishment, the names of the team's appointed members, the full geographic range of such stock, and a list of all commercial fisheries that cause incidental mortality and serious injury of marine mammals from such stock.
(B) The Secretary may request a take reduction team to address a stock that extends over one or more regions or fisheries, or multiple stocks within a region or fishery, if the Secretary determines that doing so would facilitate the development and implementation of plans required under this subsection.
(C) Members of take reduction teams shall have expertise regarding the conservation or biology of the marine mammal species which the take reduction plan will address, or the fishing practices which result in the incidental mortality and serious injury of such species. Members shall include representatives of Federal agencies, each coastal State which has fisheries which interact with the species or stock, appropriate Regional Fishery Management Councils, interstate fisheries commissions, academic and scientific organizations, environmental groups, all commercial and recreational fisheries groups and gear types which incidentally take the species or stock, Alaska Native organizations or Indian tribal organizations, and others as the Secretary deems appropriate. Take reduction teams shall, to the maximum extent practicable, consist of an equitable balance among representatives of resource user interests and nonuser interests.
(D) Take reduction teams shall not be subject to the Federal Advisory Committee Act [5 U.S.C.A. App. 3, § 1 et seq.]. Meetings of take reduction teams shall be open to the public, and prior notice of meetings shall be made public in a timely fashion.
(E) Members of take reduction teams shall serve without compensation, but may be reimbursed by the Secretary, upon request, for reasonable travel costs and expenses incurred in performing their duties as members of the team.
(7) Where the human-caused mortality and serious injury from a strategic stock is estimated to be equal to or greater than the potential biological removal level established under section 1386 of this title for such stock and such stock interacts with a fishery listed under subsection (c)(1)(A)(i) or (ii) of this section, the following procedures shall apply in the development of the take reduction plan for the stock:
(A)(i) Not later than 6 months after the date of establishment of a take reduction team for the stock, the team shall submit a draft take reduction plan for such stock to the Secretary, consistent with the other provisions of this section.
(ii) Such draft take reduction plan shall be developed by consensus. In the event consensus cannot be reached, the team shall advise the Secretary in writing on the range of possibilities considered by the team, and the views of both the majority and minority.
(B)(i) The Secretary shall take the draft take reduction plan into consideration and, not later than 60 days after the submission of the draft plan by the team, the Secretary shall publish in the Federal Register the plan proposed by the team, any changes proposed by the Secretary with an explanation of the reasons therefor, and proposed regulations to implement such plan, for public review and comment during a period of not to exceed 90 days.
(ii) In the event that the take reduction team does not submit a draft plan to the Secretary within 6 months, the Secretary shall, not later than 8 months after the establishment of the team, publish in the Federal Register a proposed take reduction plan and implementing regulations, for public review and comment during a period of not to exceed 90 days.
(C) Not later than 60 days after the close of the comment period required under subparagraph (B), the Secretary shall issue a final take reduction plan and implementing regulations, consistent with the other provisions of this section.
(D) The Secretary shall, during a period of 30 days after publication of a final take reduction plan, utilize newspapers of general circulation, fishery trade associations, electronic media, and other means of advising commercial fishermen of the requirements of the plan and how to comply with them.
(E) The Secretary and the take reduction team shall meet every 6 months, or at such other intervals as the Secretary determines are necessary, to monitor the implementation of the final take reduction plan until such time that the Secretary determines that the objectives of such plan have been met.
(F) The Secretary shall amend the take reduction plan and implementing regulations as necessary to meet the requirements of this section, in accordance with the procedures in this section for the issuance of such plans and regulations.
(8) Where the human-caused mortality and serious injury from a strategic stock is estimated to be less than the potential biological removal level established under section 1386 of this title for such stock and such stock interacts with a fishery listed under subsection (c)(1)(A)(i) or (ii) of this section, or for any marine mammal stocks which interact with a commercial fishery listed under subsection (c)(1)(A)(i) of this section for which the Secretary has made a determination under paragraph (1), the following procedures shall apply in the development of the take reduction plan for such stock:
(A)(i) Not later than 11 months after the date of establishment of a take reduction team for the stock, the team shall submit a draft take reduction plan for the stock to the Secretary, consistent with the other provisions of this section.
(ii) In the event that the take reduction team does not submit a draft plan to the Secretary within 11 months, the Secretary shall, not later than 13 months after the establishment of the team, publish in the Federal Register a proposed take reduction plan and implementing regulations, for public review and comment during a period of not to exceed 90 days.
(E) The Secretary and the take reduction team shall meet on an annual basis, or at such other intervals as the Secretary determines are necessary, to monitor the implementation of the final take reduction plan until such time that the Secretary determines that the objectives of such plan have been met.
(9) In implementing a take reduction plan developed pursuant to this subsection, the Secretary may, where necessary to implement a take reduction plan to protect or restore a marine mammal stock or species covered by such plan, promulgate regulations which include, but are not limited to, measures to--
(A) establish fishery-specific limits on incidental mortality and serious injury of marine mammals in commercial fisheries or restrict commercial fisheries by time or area;
(B) require the use of alternative commercial fishing gear or techniques and new technologies, encourage the development of such gear or technology, or convene expert skippers' panels;
(C) educate commercial fishermen, through workshops and other means, on the importance of reducing the incidental mortality and serious injury of marine mammals in affected commercial fisheries; and
(D) monitor, in accordance with subsection (d) of this section, the effectiveness of measures taken to reduce the level of incidental mortality and serious injury of marine mammals in the course of commercial fishing operations.
(10)(A) Notwithstanding paragraph (6), in the case of any stock to which paragraph (1) applies for which a final stock assessment has not been published under section 1386(b)(3) of this title by April 1, 1995, due to a proceeding under section 1386(b)(2) of this title, or any Federal court review of such proceeding, the Secretary shall establish a take reduction team under paragraph (6) for such stock as if a final stock assessment had been published.
(B) The draft stock assessment published for such stock under section 1386(b)(1) of this title shall be deemed the final stock assessment for purposes of preparing and implementing a take reduction plan for such stock under this section.
(C) Upon publication of a final stock assessment for such stock under section 1386(b)(3) of this title the Secretary shall immediately reconvene the take reduction team for such stock for the purpose of amending the take reduction plan, and any regulations issued to implement such plan, if necessary, to reflect the final stock assessment or court action. Such amendments shall be made in accordance with paragraph (7)(F) or (8)(F), as appropriate.
(D) A draft stock assessment may only be used as the basis for a take reduction plan under this paragraph for a period of not to exceed two years, or until a final stock assessment is published, whichever is earlier. If, at the end of the two-year period, a final stock assessment has not been published, the Secretary shall categorize such stock under section 1386(a)(5)(A) of this title and shall revoke any regulations to implement a take reduction plan for such stock.
(E) Subparagraph (D) shall not apply for any period beyond two years during which a final stock assessment for such stock has not been published due to review of a proceeding on such stock assessment by a Federal court. Immediately upon final action by such court, the Secretary shall proceed under subparagraph (C).
(11) Take reduction plans developed under this section for a species or stock listed as a threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) shall be consistent with any recovery plan developed for such species or stock under section 4 of such Act [16 U.S.C.A. § 1533].
(g) Emergency regulations
(1) If the Secretary finds that the incidental mortality and serious injury of marine mammals from commercial fisheries is having, or is likely to have, an immediate and significant adverse impact on a stock or species, the Secretary shall take actions as follows:
(A) In the case of a stock or species for which a take reduction plan is in effect, the Secretary shall--
(i) prescribe emergency regulations that, consistent with such plan to the maximum extent practicable, reduce incidental mortality and serious injury in that fishery; and
(ii) approve and implement, on an expedited basis, any amendments to such plan that are recommended by the take reduction team to address such adverse impact.
(B) In the case of a stock or species for which a take reduction plan is being developed, the Secretary shall--
(i) prescribe emergency regulations to reduce such incidental mortality and serious injury in that fishery; and
(ii) approve and implement, on an expedited basis, such plan, which shall provide methods to address such adverse impact if still necessary.
(C) In the case of a stock or species for which a take reduction plan does not exist and is not being developed, or in the case of a commercial fishery listed under subsection (c)(1)(A)(iii) of this section which the Secretary believes may be contributing to such adverse impact, the Secretary shall--
(i) prescribe emergency regulations to reduce such incidental mortality and serious injury in that fishery, to the extent necessary to mitigate such adverse impact;
(ii) immediately review the stock assessment for such stock or species and the classification of such commercial fishery under this section to determine if a take reduction team should be established; and
(iii) may, where necessary to address such adverse impact on a species or stock listed as a threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), place observers on vessels in a commercial fishery listed under subsection (c)(1)(A)(iii) of this section, if the Secretary has reason to believe such vessels may be causing the incidental mortality and serious injury to marine mammals from such stock.
(2) Prior to taking action under paragraph (1)(A), (B), or (C), the Secretary shall consult with the Marine Mammal Commission, all appropriate Regional Fishery Management Councils, State fishery managers, and the appropriate take reduction team (if established).
(3) Emergency regulations prescribed under this subsection--
(A) shall be published in the Federal Register, together with an explanation thereof;
(B) shall remain in effect for not more than 180 days or until the end of the applicable commercial fishing season, whichever is earlier; and
(C) may be terminated by the Secretary at an earlier date by publication in the Federal Register of a notice of termination, if the Secretary determines that the reasons for emergency regulations no longer exist.
(4) If the Secretary finds that incidental mortality and serious injury of marine mammals in a commercial fishery is continuing to have an immediate and significant adverse impact on a stock or species, the Secretary may extend the emergency regulations for an additional period of not more than 90 days or until reasons for the emergency no longer exist, whichever is earlier.
(h) Penalties
Except as provided in subsection (c) of this section, any person who violates this section shall be subject to the provisions of sections 1375 and 1377 of this title, and may be subject to section 1376 of this title as the Secretary shall establish by regulations.
(i) Assistance
The Secretary shall provide assistance to Regional Fishery Management Councils, States, interstate fishery commissions, and Indian tribal organizations in meeting the goal of reducing incidental mortality and serious injury to insignificant levels approaching a zero mortality and serious injury rate.
(j) Contributions
For purposes of carrying out this section, the Secretary may accept, solicit, receive, hold, administer, and use gifts, devises, and bequests.
(k) Consultation with Secretary of the Interior
(l) Definitions
As used in this section and section 1371(a)(5)(E) of this title, each of the terms “fishery” and “vessel of the United States” has the same meaning it does in section 1802 of this title.
(Pub.L. 92-522, Title I, § 118, as added Pub.L. 103-238, § 11, Apr. 30, 1994, 108 Stat. 546; amended Pub.L. 104-208, Div. A, Title I, § 101(a) [Title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009-41.)
§ 1388. Marine mammal cooperative agreements in Alaska
The Secretary may enter into cooperative agreements with Alaska Native organizations to conserve marine mammals and provide co-management of subsistence use by Alaska Natives.
(b) Grants
Agreements entered into under this section may include grants to Alaska Native organizations for, among other purposes--
(1) collecting and analyzing data on marine mammal populations;
(2) monitoring the harvest of marine mammals for subsistence use;
(3) participating in marine mammal research conducted by the Federal Government, States, academic institutions, and private organizations; and
(4) developing marine mammal co-management structures with Federal and State agencies.
(c) Effect of jurisdiction
Nothing in this section is intended or shall be construed--
(1) as authorizing any expansion or change in the respective jurisdiction of Federal, State, or tribal governments over fish and wildlife resources; or
(2) as altering in any respect the existing political or legal status of Alaska Natives, or the governmental or jurisdictional status of Alaska Native communities or Alaska Native entities.
(d) Authorization of appropriations
There are authorized to be appropriated for the purposes of carrying out this section--
(1) $1,500,000 to the Secretary of Commerce for each of the fiscal years 1994, 1995, 1996, 1997, 1998, and 1999; and
(2) $1,000,000 to the Secretary of the Interior for each of the fiscal years 1994, 1995, 1996, 1997, 1998, and 1999.
The amounts authorized to be appropriated under this subsection are in addition to the amounts authorized to be appropriated under section 1384 of this title.
§ 1389. Pacific Coast Task Force; Gulf of Maine
(a) Pinniped removal authority
Notwithstanding any other provision of this subchapter, the Secretary may permit the intentional lethal taking of pinnipeds in accordance with this section.
(b) Application
(1) A State may apply to the Secretary to authorize the intentional lethal taking of individually identifiable pinnipeds which are having a significant negative impact on the decline or recovery of salmonid fishery stocks which--
(A) have been listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(B) the Secretary finds are approaching threatened species or endangered species status (as those terms are defined in that Act); or
(C) migrate through the Ballard Locks at Seattle, Washington.
(2) Any such application shall include a means of identifying the individual pinniped or pinnipeds, and shall include a detailed description of the problem interaction and expected benefits of the taking.
(c) Actions in response to application
(1) Within 15 days of receiving an application, the Secretary shall determine whether the application has produced sufficient evidence to warrant establishing a Pinniped-Fishery Interaction Task Force to address the situation described in the application. If the Secretary determines sufficient evidence has been provided, the Secretary shall establish a Pinniped-Fishery Interaction Task Force and publish a notice in the Federal Register requesting public comment on the application.
(2) A Pinniped-Fishery Interaction Task Force established under paragraph (1) shall consist of designated employees of the Department of Commerce, scientists who are knowledgeable about the pinniped interaction that the application addresses, representatives of affected conservation and fishing community organizations, Indian Treaty tribes, the States, and such other organizations as the Secretary deems appropriate.
(3) Within 60 days after establishment, and after reviewing public comments in response to the Federal Register notice under paragraph (1), the Pinniped-Fishery Interaction Task Force shall--
(A) recommend to the Secretary whether to approve or deny the proposed intentional lethal taking of the pinniped or pinnipeds, including along with the recommendation a description of the specific pinniped individual or individuals, the proposed location, time, and method of such taking, criteria for evaluating the success of the action, and the duration of the intentional lethal taking authority; and
(B) suggest nonlethal alternatives, if available and practicable, including a recommended course of action.
(4) Within 30 days after receipt of recommendations from the Pinniped-Fishery Interaction Task Force, the Secretary shall either approve or deny the application. If such application is approved, the Secretary shall immediately take steps to implement the intentional lethal taking, which shall be performed by Federal or State agencies, or qualified individuals under contract to such agencies.
(5) After implementation of an approved application, the Pinniped-Fishery Interaction Task Force shall evaluate the effectiveness of the permitted intentional lethal taking or alternative actions implemented. If implementation was ineffective in eliminating the problem interaction, the Task Force shall recommend additional actions. If the implementation was effective, the Task Force shall so advise the Secretary, and the Secretary shall disband the Task Force.
(d) Considerations
In considering whether an application should be approved or denied, the Pinniped-Fishery Interaction Task Force and the Secretary shall consider--
(1) population trends, feeding habits, the location of the pinniped interaction, how and when the interaction occurs, and how many individual pinnipeds are involved;
(2) past efforts to nonlethally deter such pinnipeds, and whether the applicant has demonstrated that no feasible and prudent alternatives exist and that the applicant has taken all reasonable nonlethal steps without success;
(3) the extent to which such pinnipeds are causing undue injury or impact to, or imbalance with, other species in the ecosystem, including fish populations; and
(4) the extent to which such pinnipeds are exhibiting behavior that presents an ongoing threat to public safety.
(e) Limitation
The Secretary shall not approve the intentional lethal taking of any pinniped from a species or stock that is--
(1) listed as a threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(2) depleted under this chapter; or
(3) a strategic stock.
(f) Temporary marine mammal removal authority on the waters of the Columbia River or its tributaries
(1) Removal authority
Notwithstanding any other provision of this chapter, the Secretary may issue a permit to an eligible entity to authorize the intentional lethal taking on the waters of the Columbia River and its tributaries of individually identifiable sea lions that are part of a population or stock that is not categorized under this chapter as depleted or strategic for the purpose of protecting--
(A) species of salmon, steelhead, or eulachon that are listed as endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
(B) species of lamprey or sturgeon that are not so listed as endangered or threatened but are listed as a species of concern.
(2) Permit process
An eligible entity may apply to the Secretary for a permit under this subsection.
(B) Timelines and procedures of application
The timelines and procedures described in subsection (c) shall apply to applications for permits under this subsection in the same manner such timelines apply to applications under subsection (b).
(C) Coordination
The Secretary shall establish procedures to coordinate issuance of permits under this subsection, including application procedures and timelines, delegation and revocation of permits to and between eligible entities, monitoring, periodic review, and geographic, seasonal take, and species-specific considerations.
(D) Duration of permit
A permit under this subsection shall be effective for a period of not more than 5 years, and may be renewed by the Secretary.
(3) Limitations on annual takings
The Secretary shall apply the process for determining limitations on annual take of sea lions under subsection (c) to determinations on limitations under this subsection, and the cumulative number of sea lions authorized to be taken each year under all permits in effect under this subsection shall not exceed 10 percent of the annual potential biological removal level for sea lions.
(4) Qualified individuals
Intentional lethal takings under this subsection shall--
(A) be humane within the meaning of such term under section 1362(4) of this title;
(B) require that capture, husbandry, transportation, and euthanasia protocols are based on standards propagated by an Institutional Animal Care and Use Committee and that primary euthanasia be limited to humane chemical methods; and
(C) be implemented by agencies or qualified individuals described in subsection (c)(4), or by individuals employed by the eligible entities described in paragraph (6).
(5) Suspension of permitting authority
If, 5 years after December 18, 2018, the Secretary, after consulting with State and tribal fishery managers, determines that lethal removal authority is no longer necessary to protect salmonid and other fish species from sea lion predation, the Secretary shall suspend the issuance of permits under this subsection.
(6) Eligible entity defined
(A) Definition
In this subsection, the term “eligible entity” means--
(i) with respect to removal in the mainstem of the Columbia River, from river mile 112 to the McNary Dam and its tributaries in the State of Washington, and its tributaries in the State of Oregon above Bonneville Dam, the State of Washington, the State of Oregon, and the State of Idaho;
(ii) with respect to removal in the mainstem Columbia River from river mile 112 to the McNary Dam and its tributaries within the State of Washington and in any of its tributaries above Bonneville Dam within the State of Oregon, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, and the Confederated Tribes and Bands of the Yakama Nation; and
(iii) with respect to removal in the Willamette River and other tributaries of the Columbia River within the State of Oregon below Bonneville Dam, a committee recognized by the Secretary under subparagraph (D).
(B) Delegation authority
The Secretary may allow eligible entities described in clause (i) or (ii) of subparagraph (A) to delegate their authority under a permit under this subsection to the Columbia River Intertribal Fish Commission for removal in the mainstem of the Columbia River above river mile 112 and below McNary Dam, in the Columbia River tributaries in the State of Washington, or in tributaries within the State of Oregon above Bonneville Dam and below McNary Dam.
(C) Additional delegation authority
The Secretary may allow an eligible entity described in subparagraph (A)(i) to delegate its authority under a permit under this subsection to any entity described in subclause (i) or (ii) of subparagraph (A) with respect to removal in the mainstem of the Columbia River above river mile 112 and below McNary Dam, in the Columbia River tributaries in the State of Washington, or in tributaries in the State of Oregon above Bonneville Dam and below McNary Dam.
(D) Committee requirements
(i) In general
The Secretary shall recognize a committee established in accordance with this subparagraph as being eligible for a permit under this subsection, for purposes of subparagraph (A)(iii).
(ii) Membership
A committee established under this subparagraph shall consist of the State of Oregon and each of the following:
(I) The Confederated Tribes of Siletz Indians or the Confederated Tribes of the Grand Ronde Community, or both.
(II) The Confederated Tribes of the Warm Springs or the Confederated Tribes of the Umatilla Reservation, or both.
(iii) Majority agreement required
A committee established under this subparagraph may take action with respect to a permit application and removal under this subsection only with majority agreement by the committee members.
(iv) Nonapplicability of FACA
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to a committee established under this subparagraph.
(7) Individual exception
For purposes of this subsection, any sea lion located upstream of river mile 112 and downstream of McNary Dam, or in any tributary to the Columbia River that includes spawning habitat of threatened or endangered salmon or steelhead is deemed to be individually identifiable.
(8) Significant negative impact exception
For purposes of this subsection, any sea lion located in the mainstem of the Columbia River upstream of river mile 112 and downstream of McNary Dam, or in any tributary to the Columbia River that includes spawning habitat of threatened or endangered salmon or steelhead is deemed to be having a significant negative impact, within the meaning of subsection (b)(1).
(9) Definition
In this subsection, the term “Indian tribe” has the meaning given such term in section 5304 of Title 25.
(g) Regionwide pinniped-fishery interaction study
(1) The Secretary may conduct a study, of not less than three high predation areas in anadromous fish migration corridors within the Northwest Region of the National Marine Fisheries Service, on the interaction between fish and pinnipeds. In conducting the study, the Secretary shall consult with other State and Federal agencies with expertise in pinniped-fishery interaction. The study shall evaluate--
(A) fish behavior in the presence of predators generally;
(B) holding times and passage rates of anadromous fish stocks in areas where such fish are vulnerable to predation;
(C) whether additional facilities exist, or could be reasonably developed, that could improve escapement for anadromous fish; and
(D) other issues the Secretary considers relevant.
(2) Subject to the availability of appropriations, the Secretary may, not later than 18 months after the commencement of the study under this subsection, transmit a report on the results of the study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives.
(3) The study conducted under this subsection may not be used by the Secretary as a reason for delaying or deferring a determination or consideration under subsection (c) or (d).
(h) Gulf of Maine Task Force
The Secretary shall establish a Pinniped-Fishery Interaction Task Force to advise the Secretary on issues or problems regarding pinnipeds interacting in a dangerous or damaging manner with aquaculture resources in the Gulf of Maine. No later than 2 years from April 30, 1994, the Secretary shall after notice and opportunity for public comment submit to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing recommended available alternatives to mitigate such interactions.
(i) Requirements applicable to task forces
(1) Any task force established under this section--
(A) shall to the maximum extent practicable, consist of an equitable balance among representatives of resource user interests and nonuser interests; and
(B) shall not be subject to the Federal Advisory Committee Act (5 App. U.S.C.).
(2) Meetings of any task force established under this section shall be open to the public, and prior notice of those meetings shall be given to the public by the task force in a timely fashion.
(j) Gulf of Maine harbor porpoise
(1) Nothing in section 1386 of this title shall prevent the Secretary from publishing a stock assessment for Gulf of Maine harbor porpoise in an expedited fashion.
(2) In developing and implementing a take reduction plan under section 1387 of this title for Gulf of Maine harbor porpoise, the Secretary shall consider all actions already taken to reduce incidental mortality and serious injury of such stock, and may, based on the recommendations of the take reduction team for such stock, modify the time period required for compliance with section 1387(f)(5)(A) of this title, but in no case may such modification extend the date of compliance beyond April 1, 1997.
(Pub.L. 92-522, Title I, § 120, as added Pub.L. 103-238, § 23, Apr. 30, 1994, 108 Stat. 562; amended Pub.L. 115-329, § 3, Dec. 18, 2018, 132 Stat. 4475.)
§ 1401. Establishment
(a) Designation
There is hereby established the Marine Mammal Commission (hereafter referred to in this subchapter as the “Commission”).
(b) Membership and term of office
(1) Effective September 1, 1982, the Commission shall be composed of three members who shall be appointed by the President, by and with the advice and consent of the Senate. The President shall make his selection from a list of individuals knowledgeable in the fields of marine ecology and resource management, and who are not in a position to profit from the taking of marine mammals. Such list shall be submitted to him by the Chairman of the Council on Environmental Quality and unanimously agreed to by that Chairman, the Secretary of the Smithsonian Institution, the Director of the National Science Foundation and the Chairman of the National Academy of Sciences. No member of the Commission may, during his period of service on the Commission, hold any other position as an officer or employee of the United States except as a retired officer or retired civilian employee of the United States.
(2) The term of office for each member shall be three years; except that of the members initially appointed to the Commission, the term of one member shall be for one year, the term of one member shall be for two years, and the term of one member shall be for three years. No member is eligible for reappointment; except that any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed (A) shall be appointed for the remainder of such term, and (B) is eligible for reappointment for one full term. A member may serve after the expiration of his term until his successor has taken office.
(c) Chairman
The President shall designate a Chairman of the Commission (hereafter referred to in this subchapter as the “Chairman”) from among its members.
(d) Compensation; reimbursement for travel expenses
Members of the Commission shall each be compensated at a rate equal to the daily equivalent of the rate for GS-18 of the General Schedule under section 5332 of Title 5 for each day such member is engaged in the actual performance of duties vested in the Commission. Each member shall be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of Title 5, for persons in Government service employed intermittently.
(e) Executive Director
The Commission shall have an Executive Director, who shall be appointed (without regard to the provisions of Title 5 governing appointments in the competitive service) by the Chairman with the approval of the Commission and shall be paid at a rate not in excess of the rate for GS-18 of the General Schedule under section 5332 of Title 5. The Executive Director shall have such duties as the Chairman may assign.
(Pub.L. 92-522, Title II, § 201, Oct. 21, 1972, 86 Stat. 1043; Pub.L. 97-389, Title II, § 202, Dec. 29, 1982, 96 Stat. 1951; Pub.L. 98-364, Title I, § 103(a), July 17, 1984, 98 Stat. 441.)
§ 1402. Duties of Commission
(a) Reports and recommendations
The Commission shall--
(1) undertake a review and study of the activities of the United States pursuant to existing laws and international conventions relating to marine mammals, including, but not limited to, the International Convention for the Regulation of Whaling, the Whaling Convention Act of 1949 [16 U.S.C.A. § 916 et seq.], the Interim Convention on the Conservation of North Pacific Fur Seals, and the Fur Seal Act of 1966 [16 U.S.C.A. § 1151 et seq.];
(2) conduct a continuing review of the condition of the stocks of marine mammals, of methods for their protection and conservation, of humane means of taking marine mammals, of research programs conducted or proposed to be conducted under the authority of this chapter, and of all applications for permits for scientific research, public display, or enhancing the survival or recovery of a species or stock;
(3) undertake or cause to be undertaken such other studies as it deems necessary or desirable in connection with its assigned duties as to the protection and conservation of marine mammals;
(4) recommend to the Secretary and to other Federal officials such steps as it deems necessary or desirable for the protection and conservation of marine mammals;
(5) recommend to the Secretary of State appropriate policies regarding existing international arrangements for the protection and conservation of marine mammals, and suggest appropriate international arrangements for the protection and conservation of marine mammals;
(6) recommend to the Secretary such revisions of the endangered species list and threatened species list published pursuant to section 1533(c)(1) of this title, as may be appropriate with regard to marine mammals; and
(7) recommend to the Secretary, other appropriate Federal officials, and Congress such additional measures as it deems necessary or desirable to further the policies of this chapter, including provisions for the protection of the Indians, Eskimos, and Aleuts whose livelihood may be adversely affected by actions taken pursuant to this chapter.
(b) Consultation with Secretary; reports to Secretary before publication
The Commission shall consult with the Secretary at such intervals as it or he may deem desirable, and shall provide each annual report required under section 1404 of this title, before submission to Congress, to the Secretary for comment.
(c) Availability of reports for public inspection
The reports and recommendations which the Commission makes shall be matters of public record and shall be available to the public at all reasonable times. All other activities of the Commission shall be matters of public record and available to the public in accordance with the provisions of section 552 of Title 5.
(d) Recommendations; explanation for non-adoption
Any recommendations made by the Commission to the Secretary and other Federal officials shall be responded to by those individuals within one hundred and twenty days after receipt thereof. Any recommendations which are not followed or adopted shall be referred to the Commission together with a detailed explanation of the reasons why those recommendations were not followed or adopted.
(Pub.L. 92-522, Title II, § 202, Oct. 21, 1972, 86 Stat. 1044; Pub.L. 93-205, § 13(e)(4), Dec. 28, 1973, 87 Stat. 903; Pub.L. 97-58, § 6(1), Oct. 9, 1981, 95 Stat. 987; Pub.L. 100-711, § 5(e)(4), Nov. 23, 1988, 102 Stat. 4771.)
§ 1403. Committee of Scientific Advisors on Marine Mammals
(a) Establishment; membership
The Commission shall establish, within ninety days after its establishment, a Committee of Scientific Advisors on Marine Mammals (hereafter referred to in this subchapter as the “Committee”). Such Committee shall consist of nine scientists knowledgeable in marine ecology and marine mammal affairs appointed by the Chairman after consultation with the Chairman of the Council on Environmental Quality, the Secretary of the Smithsonian Institution, the Director of the National Science Foundation, and the Chairman of the National Academy of Sciences.
(b) Compensation; reimbursement for travel expenses
Except for United States Government employees, members of the Committee shall each be compensated at a rate equal to the daily equivalent of the rate for GS-18 of the General Schedule under section 5332 of Title 5, for each day such member is engaged in the actual performance of duties vested in the Committee. Each member shall be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of Title 5 for persons in Government service employed intermittently.
(c) Consultation with Commission on studies and recommendations; explanation for nonadoption
The Commission shall consult with the Committee on all studies and recommendations which it may propose to make or has made, on research programs conducted or proposed to be conducted under the authority of this chapter, and on all applications for permits for scientific research. Any recommendations made by the Committee or any of its members which are not adopted by the Commission shall be transmitted by the Commission to the appropriate Federal agency and to the appropriate committees of Congress with a detailed explanation of the Commission's reasons for not accepting such recommendations.
(Pub.L. 92-522, Title II, § 203, Oct. 21, 1972, 86 Stat. 1044.)
§ 1404. Omitted
HISTORICAL AND STATUTORY NOTES
Codifications
Section, Pub.L. 92-522, Title II, § 204, Oct. 21, 1972, 86 Stat. 1045, which required the Marine Mammal Commission to transmit to Congress, annually by January 31, a report including a description of activities and accomplishments of the Commission during the preceding year, all findings and recommendations made pursuant to section 1402 of this title, and any responses to such recommendations, was terminated, effective May 15, 2000, pursuant to Pub.L. 104-66, Title III, § 3003, Dec. 21, 1995, 109 Stat. 734, as amended, which is set out as a note under section 1113 of Title 31. See, also, House Document No. 103-7, page 176.
§ 1405. Coordination with other Federal agencies
The Commission shall have access to all studies and data compiled by Federal agencies regarding marine mammals. With the consent of the appropriate Secretary or Agency head, the Commission may also utilize the facilities or services of any Federal agency and shall take every feasible step to avoid duplication of research and to carry out the purposes of this chapter.
§ 1406. Administration
The Commission, in carrying out its responsibilities under this subchapter, may--
(1) employ and fix the compensation of such personnel;
(2) acquire, furnish, and equip such office space;
(3) enter into such contracts or agreements with, or provide such grants to, other organizations, both public and private;
(4) procure the services of such experts or consultants or an organization thereof as is authorized under section 3109 of Title 5 (but at rates for individuals not to exceed $100 per diem); and
(5) incur such necessary expenses and exercise such other powers, as are consistent with and reasonably required to perform its functions under this subchapter; except that no fewer than 11 employees must be employed under paragraph (1) at any time. Financial and administrative services (including those related to budgeting, accounting, financial reporting, personnel, and procurement) shall be provided the Commission by the General Services Administration, for which payment shall be made in advance, or by reimbursement from funds of the Commission in such amounts as may be agreed upon by the Chairman and the Administrator of General Services.
(Pub.L. 92-522, Title II, § 206, Oct. 21, 1972, 86 Stat. 1045; Pub.L. 97-58, § 6(2), Oct. 9, 1981, 95 Stat. 987; Pub.L. 98-364, Title I, § 103(b), July 17, 1984, 98 Stat. 442.)
There are authorized to be appropriated to the Marine Mammal Commission, for purposes of carrying out this subchapter, $1,500,000 for fiscal year 1994, $1,550,000 for fiscal year 1995, $1,600,000 for fiscal year 1996, $1,650,000 for fiscal year 1997, $1,700,000 for fiscal year 1998, and $1,750,000 for fiscal year 1999.
(Pub.L. 92-522, Title II, § 207, Oct. 21, 1972, 86 Stat. 1046; Pub.L. 95-136, § 3, Oct. 18, 1977, 91 Stat. 1167; Pub.L. 95-316, § 4, July 10, 1978, 92 Stat. 381; Pub.L. 103-238, § 9(b), Apr. 30, 1994, 108 Stat. 543.)
§ 1411. Findings and policy
(a) Findings
The Congress finds the following:
(1) The yellowfin tuna fishery of the eastern tropical Pacific Ocean has resulted in the deaths of millions of dolphins.
(2) Significant awareness and increased concern for the health and safety of dolphin populations has encouraged a change in fishing methods worldwide.
(3) United States tuna fishing vessels have led the world in the development of fishing methods to reduce dolphin mortalities in the eastern tropical Pacific Ocean and United States tuna processing companies have voluntarily promoted the marketing of tuna that is dolphin safe.
(4) Nations harvesting yellowfin tuna in the eastern tropical Pacific Ocean have demonstrated their willingness to participate in appropriate multilateral agreements to reduce dolphin mortality progressively to a level approaching zero through the setting of annual limits, with the goal of eliminating dolphin mortality in that fishery. Recognition of the International Dolphin Conservation Program will assure that the existing trend of reduced dolphin mortality continues; that individual stocks of dolphins are adequately protected; and that the goal of eliminating all dolphin mortality continues to be a priority.
(b) Policy
It is the policy of the United States to--
(1) eliminate the marine mammal mortality resulting from the intentional encirclement of dolphins and other marine mammals in tuna purse seine fisheries;
(2) support the International Dolphin Conservation Program and efforts within the Program to reduce, with the goal of eliminating, the mortality referred to in paragraph (1);
(3) ensure that the market of the United States does not act as an incentive to the harvest of tuna caught with driftnets or caught by purse seine vessels in the eastern tropical Pacific Ocean not operating in compliance with the International Dolphin Conservation Program;
(4) secure appropriate multilateral agreements to ensure that United States tuna fishing vessels shall have continued access to productive tuna fishing grounds in the South Pacific Ocean and elsewhere; and
(5) encourage observer coverage on purse seine vessels fishing for tuna outside of the eastern tropical Pacific Ocean in a fishery in which the Secretary has determined that a regular and significant association occurs between marine mammals and tuna, and in which tuna is harvested through the use of purse seine nets deployed on or to encircle marine mammals.
(Pub.L. 92-522, Title III, § 301, as added Pub.L. 102-523, § 2(a), Oct. 26, 1992, 106 Stat. 3425; Pub.L. 105-42, § 6(b), Aug. 15, 1997, 111 Stat. 1129.)
§ 1412. International Dolphin Conservation Program
The Secretary of State, in consultation with the Secretary, shall seek to secure a binding international agreement to establish an International Dolphin Conservation Program that requires--
(1) that the total annual dolphin mortality in the purse seine fishery for yellowfin tuna in the eastern tropical Pacific Ocean shall not exceed 5,000 animals with a commitment and objective to progressively reduce dolphin mortality to a level approaching zero through the setting of annual limits;
(2) the establishment of a per-stock per-year dolphin mortality limit, to be in effect through calendar year 2000, at a level between 0.2 percent and 0.1 percent of the minimum population estimate, as calculated, revised, or approved by the Secretary;
(3) the establishment of a per-stock per-year dolphin mortality limit, beginning with the calendar year 2001, at a level less than or equal to 0.1 percent of the minimum population estimate as calculated, revised, or approved by the Secretary;
(4) that if a dolphin mortality limit is exceeded under--
(A) paragraph (1), all sets on dolphins shall cease for the applicable fishing year; and
(B) paragraph (2) or (3), all sets on the stocks covered under paragraph (2) or (3) and any mixed schools that contain any of those stocks shall cease for the applicable fishing year;
(5) a scientific review and assessment to be conducted in calendar year 1998 to--
(A) assess progress in meeting the objectives set for calendar year 2000 under paragraph (2); and
(B) as appropriate, consider recommendations for meeting these objectives;
(6) a scientific review and assessment to be conducted in calendar year 2000--
(A) to review the stocks covered under paragraph (3); and
(B) as appropriate to consider recommendations to further the objectives set under that paragraph;
(7) the establishment of a per vessel maximum annual dolphin mortality limit consistent with the established per-year mortality limits, as determined under paragraphs (1) through (3); and
(8) the provision of a system of incentives to vessel captains to continue to reduce dolphin mortality, with the goal of eliminating dolphin mortality.
(Pub.L. 92-522, Title III, § 302, as added Pub.L. 105-42, § 6(c), Aug. 15, 1997, 111 Stat. 1130.)
§ 1413. Regulatory authority of Secretary
(a) Regulations
(1) The Secretary shall issue regulations, and revise those regulations as may be appropriate, to implement the International Dolphin Conservation Program.
(2)(A) The Secretary shall issue regulations to authorize and govern the taking of marine mammals in the eastern tropical Pacific Ocean, including any species of marine mammal designated as depleted under this chapter but not listed as endangered or threatened under the Endangered Species Act (16 U.S.C. 1531 et seq.), by vessels of the United States participating in the International Dolphin Conservation Program.
(B) Regulations issued under this section shall include provisions--
(i) requiring observers on each vessel;
(ii) requiring use of the backdown procedure or other procedures equally or more effective in avoiding mortality of, or serious injury to, marine mammals in fishing operations;
(iii) prohibiting intentional sets on stocks and schools in accordance with the International Dolphin Conservation Program;
(iv) requiring the use of special equipment, including dolphin safety panels in nets, monitoring devices as identified by the International Dolphin Conservation Program to detect unsafe fishing conditions that may cause high incidental dolphin mortality before nets are deployed by a tuna vessel, operable rafts, speedboats with towing bridles, floodlights in operable condition, and diving masks and snorkels;
(v) ensuring that the backdown procedure during sets of purse seine net on marine mammals is completed and rolling of the net to sack up has begun no later than 30 minutes before sundown;
(vi) banning the use of explosive devices in all purse seine operations;
(vii) establishing per vessel maximum annual dolphin mortality limits, total dolphin mortality limits and per-stock per-year mortality limits in accordance with the International Dolphin Conservation Program;
(viii) preventing the making of intentional sets on dolphins after reaching either the vessel maximum annual dolphin mortality limits, total dolphin mortality limits, or per-stock per-year mortality limits;
(ix) preventing the fishing on dolphins by a vessel without an assigned vessel dolphin mortality limit;
(x) allowing for the authorization and conduct of experimental fishing operations, under such terms and conditions as the Secretary may prescribe, for the purpose of testing proposed improvements in fishing techniques and equipment that may reduce or eliminate dolphin mortality or serious injury do not require the encirclement of dolphins in the course of commercial yellowfin tuna fishing;
(xi) authorizing fishing within the area covered by the International Dolphin Conservation Program by vessels of the United States without the use of special equipment or nets if the vessel takes an observer and does not intentionally deploy nets on, or encircle, dolphins, under such terms and conditions as the Secretary may prescribe; and
(xii) containing such other restrictions and requirements as the Secretary determines are necessary to implement the International Dolphin Conservation Program with respect to vessels of the United States.
(C) Adjustments to requirements.--The Secretary may make such adjustments as may be appropriate to requirements of subparagraph (B) that pertain to fishing gear, vessel equipment, and fishing practices to the extent the adjustments are consistent with the International Dolphin Conservation Program.
(b) Consultation
In developing any regulation under this section, the Secretary shall consult with the Secretary of State, the Marine Mammal Commission, and the United States Commissioners to the Inter-American Tropical Tuna Commission appointed under section 952 of this title.
(c) Emergency regulations
(1) If the Secretary determines, on the basis of the best scientific information available (including research conducted under section 1414a of this title and information obtained under the International Dolphin Conservation Program) that the incidental mortality and serious injury of marine mammals authorized under this subchapter is having, or is likely to have, a significant adverse impact on a marine mammal stock or species, the Secretary shall--
(A) notify the Inter-American Tropical Tuna Commission of his or her determination, along with recommendations to the Commission as to actions necessary to reduce incidental mortality and serious injury and mitigate such adverse impact; and
(B) prescribe emergency regulations to reduce incidental mortality and serious injury and mitigate such adverse impact.
(2) Before taking action under subparagraph (A) or (B) of paragraph (1), the Secretary shall consult with the Secretary of State, the Marine Mammal Commission, and the United States Commissioners to the Inter-American Tropical Tuna Commission.
(B) shall remain in effect for the duration of the applicable fishing year; and
(C) may be terminated by the Secretary at an earlier date by publication in the Federal Register of a notice of termination if the Secretary determines that the reasons for the emergency action no longer exist.
(4) If the Secretary finds that the incidental mortality and serious injury of marine mammals in the yellowfin tuna fishery in the eastern tropical Pacific Ocean is continuing to have a significant adverse impact on a stock or species, the Secretary may extend the emergency regulations for such additional periods as may be necessary.
(5) Within 120 days after the Secretary notifies the United States Commissioners to the Inter-American Tropical Tuna Commission of the Secretary's determination under paragraph (1)(A), the United States Commissioners shall call for a special meeting of the Commission to address the actions necessary to reduce incidental mortality and serious injury and mitigate the adverse impact which resulted in the determination. The Commissioners shall report the results of the special meeting in writing to the Secretary and to the Secretary of State. In their report, the Commissioners shall--
(A) include a description of the actions taken by the harvesting nations or under the International Dolphin Conservation Program to reduce the incidental mortality and serious injury and measures to mitigate the adverse impact on the marine mammal species or stock;
(B) indicate whether, in their judgment, the actions taken address the problem adequately; and
(C) if they indicate that the actions taken do not address the problem adequately, include recommendations of such additional action to be taken as may be necessary.
§ 1414. Repealed. Pub.L. 105-42, § 6(c), Aug. 15, 1997, 111 Stat. 1130
Section, Pub.L. 92-522, Title III, § 304, as added Pub.L. 102-523, § 2(a), Oct. 26, 1992, 106 Stat. 3428, related to reviews, reports and recommendations.
A prior section 304 of Pub. L. 92-522 was renumbered section 404 and is classified to 16 U.S.C.A. § 1421c.
§ 1414a. Research
(a) Required research
The Secretary shall, in consultation with the Marine Mammal Commission and the Inter-American Tropical Tuna Commission, conduct a study of the effect of intentional encirclement (including chase) on dolphins and dolphin stocks incidentally taken in the course of purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean. The study, which shall commence on October 1, 1997, shall consist of abundance surveys as described in paragraph (2) and stress studies as described in paragraph (3), and shall address the question of whether such encirclement is having a significant adverse impact on any depleted dolphin stock in the eastern tropical Pacific Ocean.
(2) Population abundance surveys
The abundance surveys under this subsection shall survey the abundance of such depleted stocks and shall be conducted during each of the calendar years 1998, 1999, and 2000.
(3) Stress studies
The stress studies under this subsection shall include--
(A) a review of relevant stress-related research and a 3-year series of necropsy samples from dolphins obtained by commercial vessels;
(B) a 1-year review of relevant historical demographic and biological data related to dolphins and dolphin stocks referred to in paragraph (1); and
(C) an experiment involving the repeated chasing and capturing of dolphins by means of intentional encirclement.
(4) Report
No later than 90 days after publishing the finding under subsection (g)(2) of section 1385 of this title, the Secretary shall complete and submit a report containing the results of the research described in this subsection to the United States Senate Committee on Commerce, Science, and Transportation and the United States House of Representatives Committees on Resources and on Commerce, and to the Inter-American Tropical Tuna Commission.
(b) Other research
In addition to conducting the research described in subsection (a) of this section, the Secretary shall, in consultation with the Marine Mammal Commission and in cooperation with the nations participating in the International Dolphin Conservation Program and the Inter-American Tropical Tuna Commission, undertake or support appropriate scientific research to further the goals of the International Dolphin Conservation Program.
(2) Specific areas of research
Research carried out under paragraph (1) may include--
(A) projects to devise cost-effective fishing methods and gear so as to reduce, with the goal of eliminating, the incidental mortality and serious injury of marine mammals in connection with commercial purse seine fishing in the eastern tropical Pacific Ocean;
(B) projects to develop cost-effective methods of fishing for mature yellowfin tuna without setting nets on dolphins or other marine mammals;
(C) projects to carry out stock assessments for those marine mammal species and marine mammal stocks taken in the purse seine fishery for yellowfin tuna in the eastern tropical Pacific Ocean, including species or stocks not within waters under the jurisdiction of the United States; and
(D) projects to determine the extent to which the incidental take of nontarget species, including juvenile tuna, occurs in the course of purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean, the geographic location of the incidental take, and the impact of that incidental take on tuna stocks and nontarget species.
(c) Authorization of appropriations
(1) There are authorized to be appropriated to the Secretary the following amounts, to be used by the Secretary to carry out the research described in subsection (a) of this section:
(A) $4,000,000 for fiscal year 1998.
(B) $3,000,000 for fiscal year 1999.
(C) $4,000,000 for fiscal year 2000.
(D) $1,000,000 for fiscal year 2001.
(2) In addition to the amount authorized to be appropriated under paragraph (1), there are authorized to be appropriated to the Secretary for carrying out this section $3,000,000 for each of the fiscal years 1998, 1999, 2000, and 2001.
§ 1415. Reports by Secretary
Notwithstanding section 1373(f) of this title, the Secretary shall submit annual reports to the Congress which include--
(1) results of research conducted pursuant to section 1414a of this title;
(2) a description of the status and trends of stocks of tuna;
(3) a description of the efforts to assess, avoid, reduce, and minimize the bycatch of juvenile yellowfin tuna and bycatch of nontarget species;
(4) a description of the activities of the International Dolphin Conservation Program and of the efforts of the United States in support of the Program's goals and objectives, including the protection of dolphin stocks in the eastern tropical Pacific Ocean, and an assessment of the effectiveness of the Program;
(5) actions taken by the Secretary under section 1371(a)(2)(B) of this title and section 1371(d) of this title;
(6) copies of any relevant resolutions and decisions of the Inter-American Tropical Tuna Commission, and any regulations promulgated by the Secretary under this subchapter; and
(7) any other information deemed relevant by the Secretary.
(1) Consistent with the regulations issued pursuant to section 1413 of this title, the Secretary shall issue a permit to a vessel of the United States authorizing participation in the International Dolphin Conservation Program and may require a permit for the person actually in charge of and controlling the fishing operation of the vessel. The Secretary shall prescribe such procedures as are necessary to carry out this subsection, including requiring the submission of--
(A) the name and official number or other identification of each fishing vessel for which a permit is sought, together with the name and address of the owner thereof; and
(B) the tonnage, hold capacity, speed, processing equipment, and type and quantity of gear, including an inventory of special equipment required under section 1413 of this title, with respect to each vessel.
(2) The Secretary is authorized to charge a fee for granting an authorization and issuing a permit under this section. The level of fees charged under this paragraph may not exceed the administrative cost incurred in granting an authorization and issuing a permit. Fees collected under this paragraph shall be available to the Under Secretary of Commerce for Oceans and Atmosphere for expenses incurred in granting authorizations and issuing permits under this section.
(3) After the effective date of the International Dolphin Conservation Program Act, no vessel of the United States shall operate in the yellowfin tuna fishery in the eastern tropical Pacific Ocean without a valid permit issued under this section.
(b) Permit sanctions
(1) In any case in which--
(A) a vessel for which a permit has been issued under this section has been used in the commission of an act prohibited under section 1417 of this title;
(B) the owner or operator of any such vessel or any other person who has applied for or been issued a permit under this section has acted in violation of section 1417 of this title; or
(C) any civil penalty or criminal fine imposed on a vessel, owner or operator of a vessel, or other person who has applied for or been issued a permit under this section has not been paid or is overdue,
the Secretary may--
(i) revoke any permit with respect to such vessel, with or without prejudice to the issuance of subsequent permits;
(ii) suspend such permit for a period of time considered by the Secretary to be appropriate;
(iii) deny such permit; or
(iv) impose additional conditions or restrictions on any permit issued to, or applied for by, any such vessel or person under this section.
(2) In imposing a sanction under this subsection, the Secretary shall take into account--
(A) the nature, circumstances, extent, and gravity of the prohibited acts for which the sanction is imposed; and
(B) with respect to the violator, the degree of culpability, any history of prior offenses, and other such matters as justice requires.
(3) Transfer of ownership of a vessel, by sale or otherwise, shall not extinguish any permit sanction that is in effect or is pending at the time of transfer of ownership. Before executing the transfer of ownership of a vessel, by sale or otherwise, the owner shall disclose in writing to the prospective transferee the existence of any permit sanction that will be in effect or pending with respect to the vessel at the time of transfer.
(4) In the case of any permit that is suspended for the failure to pay a civil penalty or criminal fine, the Secretary shall reinstate the permit upon payment of the penalty or fine and interest thereon at the prevailing rate.
(5) No sanctions shall be imposed under this section unless there has been a prior opportunity for a hearing on the facts underlying the violation for which the sanction is imposed, either in conjunction with a civil penalty proceeding under this subchapter or otherwise.
It is unlawful--
(1) for any person to sell, purchase, offer for sale, transport, or ship, in the United States, any tuna or tuna product unless the tuna or tuna product is either dolphin safe or has been harvested in compliance with the International Dolphin Conservation Program by a country that is a member of the Inter-American Tropical Tuna Commission or has initiated and within 6 months thereafter completed all steps required of applicant nations in accordance with Article V, paragraph 3 of the Convention establishing the Inter-American Tropical Tuna Commission, to become a member of that organization;
(2) except as provided for in subsection [FN1] 1371(d) of this title, for any person or vessel subject to the jurisdiction of the United States intentionally to set a purse seine net on or to encircle any marine mammal in the course of tuna fishing operations in the eastern tropical Pacific Ocean except in accordance with this subchapter and regulations issued pursuant to this subchapter; and
(3) for any person to import any yellowfin tuna or yellowfin tuna product or any other fish or fish product in violation of a ban on importation imposed under section 1371(a)(2) of this title;
(4) for any person to violate any regulation promulgated under this subchapter;
(5) for any person to refuse to permit any duly authorized officer to board a vessel subject to that person's control for purposes of conducting any search or inspection in connection with the enforcement of this subchapter; and
(6) for any person to assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search or inspection described in paragraph (5).
(1) Civil penalty
A person that knowingly and willfully violates subsection (a)(1), (2), (3), (4), or (5) of this section shall be subject to a civil penalty under section 1375(a) of this title.
(2) Criminal penalty
A person that knowingly and willfully violates subsection (a)(5) or (a)(6) of this section shall be subject to a criminal penalty under section 1375(b) of this title.
(c) Civil forfeitures
Any vessel (including its fishing gear, appurtenances, stores, and cargo) used, and any fish (or its fair market value) taken or retained, in any manner, in connection with or as a result of the commission of any act prohibited by this section shall be subject to forfeiture to the United States in the manner provided in section 1860 of this title.
(Pub.L. 92-522, Title III, § 307, as added Pub.L. 102-523, § 2(a), Oct. 26, 1992, 106 Stat. 3431; amended Pub.L. 104-208, Div. A, Title I, § 101(a) [Title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009-41; Pub.L.105-42, § 6(d), Aug. 15, 1997, 111 Stat. 1136.)
§ 1418. Repealed. Pub.L. 105-42, § 6(e), Aug. 15, 1997, 111 Stat. 1137
§ 1421. Establishment of Program
(a) Establishment
The Secretary shall, in consultation with the Secretary of the Interior, the Marine Mammal Commission, and individuals with knowledge and experience in marine science, marine mammal science, marine mammal veterinary and husbandry practices, and marine conservation, including stranding network participants, establish a program to be known as the “Marine Mammal Health and Stranding Response Program”.
(b) Purposes
The purposes of the Program shall be to--
(1) facilitate the collection and dissemination of reference data on the health of marine mammals and health trends of marine mammal populations in the wild;
(2) correlate the health of marine mammals and marine mammal populations, in the wild, with available data on physical, chemical, and biological environmental parameters; and
(3) coordinate effective responses to unusual mortality events by establishing a process in the Department of Commerce in accordance with section 1421c of this title.
(Pub.L. 92-522, Title IV, § 401, formerly Title III, § 301, as added Pub.L. 102-587, Title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5060; renumbered § 401 and amended Pub.L. 103-238, § 24(b), (c)(1), Apr. 30, 1994, 108 Stat. 565, 566.)
§ 1421a. Determination; data collection and dissemination
(a) Determination for release
The Secretary shall, in consultation with the Secretary of the Interior, the Marine Mammal Commission, and individuals with knowledge and experience in marine science, marine mammal science, marine mammal veterinary and husbandry practices, and marine conservation, including stranding network participants, develop objective criteria, after an opportunity for public review and comment, to provide guidance for determining at what point a rehabilitated marine mammal is releasable to the wild.
(b) Collection
The Secretary shall, in consultation with the Secretary of the Interior, collect and update, periodically, existing information on--
(1) procedures and practices for--
(A) rescuing and rehabilitating stranded marine mammals, including criteria used by stranding network participants, on a species-by-species basis, for determining at what point a marine mammal undergoing rescue and rehabilitation is returnable to the wild; and
(B) collecting, preserving, labeling, and transporting marine mammal tissues for physical, chemical, and biological analyses;
(2) appropriate scientific literature on marine mammal health, disease, and rehabilitation;
(3) strandings, which the Secretary shall compile and analyze, by region, to monitor species, numbers, conditions, and causes of illnesses and deaths of stranded marine mammals; and
(4) other life history and reference level data, including marine mammal tissue analyses, that would allow comparison of the causes of illness and deaths in stranded marine mammals with physical, chemical, and biological environmental parameters.
(c) Availability
The Secretary shall make information collected under this section available to stranding network participants and other qualified scientists.
(Pub.L. 92-522, Title IV, § 402, formerly Title III, § 302, as added Pub.L. 102-587, Title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5061, and renumbered § 402, Pub.L. 103-238, § 24(b), Apr. 30, 1994, 108 Stat. 565.)
§ 1421b. Stranding response agreements
The Secretary may enter into an agreement under section 1382(c) of this title with any person to take marine mammals under section 1379(h)(1) of this title in response to a stranding.
(b) Required provision
An agreement authorized by subsection (a) of this section shall--
(1) specify each person who is authorized to perform activities under the agreement; and
(2) specify any terms and conditions under which a person so specified may delegate that authority to another person.
(c) Review
The Secretary shall periodically review agreements under section 1382(c) of this title that are entered into pursuant to this subchapter, for performance adequacy and effectiveness.
§ 1421c. Unusual mortality event response
(a) Response
(1) Working group
(A) The Secretary, acting through the Office, shall establish, in consultation with the Secretary of the Interior, a marine mammal unusual mortality event working group, consisting of individuals with knowledge and experience in marine science, marine mammal science, marine mammal veterinary and husbandry practices, marine conservation, and medical science, to provide guidance to the Secretary and the Secretary of the Interior for--
(i) determining whether an unusual mortality event is occurring;
(ii) determining, after an unusual mortality event has begun, if response actions with respect to that event are no longer necessary; and
(iii) developing the contingency plan in accordance with subsection (b) of this section, to assist the Secretary in responding to unusual mortality events.
(B) The Federal Advisory Committee Act (5 App.U.S.C.) shall not apply to the marine mammal unusual mortality event working group established under this paragraph.
(2) Response timing
The Secretary, in consultation with the Secretary of the Interior, shall to the extent necessary and practicable--
(A) within 24 hours after receiving notification from a stranding network participant that an unusual mortality event might be occurring, contact as many members as is possible of the unusual mortality event working group for guidance; and
(B) within 48 hours after receiving such notification--
(i) make a determination as to whether an unusual mortality event is occurring;
(ii) inform the stranding network participant of that determination; and
(iii) if the Secretary has determined an unusual mortality event is occurring, designate an Onsite Coordinator for the event, in accordance with subsection (c) of this section.
(b) Contingency plan
The Secretary shall, in consultation with the Secretary of the Interior and the unusual mortality event working group, and after an opportunity for public review and comment, issue a detailed contingency plan for responding to any unusual mortality event.
(2) Contents
The contingency plan required under this subsection shall include--
(A) a list of persons, including stranding network participants, at a regional, State, and local level, who can assist the Secretary in implementing a coordinated and effective response to an unusual mortality event;
(B) the types of marine mammal tissues and analyses necessary to assist in diagnosing causes of unusual mortality events;
(C) training, mobilization, and utilization procedures for available personnel, facilities, and other resources necessary to conduct a rapid and effective response to unusual mortality events; and
(D) such requirements as are necessary to--
(i) minimize death of marine mammals in the wild and provide appropriate care of marine mammals during an unusual mortality event;
(ii) assist in identifying the cause or causes of an unusual mortality event;
(iii) determine the effects of an unusual mortality event on the size estimates of the affected populations of marine mammals; and
(iv) identify any roles played in an unusual mortality event by physical, chemical, and biological factors, including contaminants.
(c) Onsite coordinators
(1) Designation
(A) The Secretary shall, in consultation with the Secretary of the Interior, designate one or more Onsite Coordinators for an unusual mortality event, who shall make immediate recommendations to the stranding network participants on how to proceed with response activities.
(B) An Onsite Coordinator so designated shall be one or more appropriate Regional Directors of the National Marine Fisheries Service or the United States Fish and Wildlife Service, or their designees.
(C) If, because of the wide geographic distribution, multiple species of marine mammals involved, or magnitude of an unusual mortality event, more than one Onsite Coordinator is designated, the Secretary shall, in consultation with the Secretary of the Interior, designate which of the Onsite Coordinators shall have primary responsibility with respect to the event.
(2) Functions
(A) An Onsite Coordinator designated under this subsection shall coordinate and direct the activities of all persons responding to an unusual mortality event in accordance with the contingency plan issued under subsection (b) of this section, except that--
(i) with respect to any matter that is not covered by the contingency plan, an Onsite Coordinator shall use his or her best professional judgment; and
(ii) the contingency plan may be temporarily modified by an Onsite Coordinator, consulting as expeditiously as possible with the Secretary, the Secretary of the Interior, and the unusual mortality event working group.
(B) An Onsite Coordinator may delegate to any qualified person authority to act as an Onsite Coordinator under this subchapter.
§ 1421d. Unusual mortality event activity funding
(a) Establishment of Fund
There is established in the Treasury an interest bearing fund to be known as the “Marine Mammal Unusual Mortality Event Fund”, which shall consist of amounts deposited into the Fund under subsection (c) of this section.
(b) Uses
Amounts in the Fund--
(A) shall be available only for use by the Secretary, in consultation with the Secretary of the Interior--
(i) to compensate persons for special costs incurred in acting in accordance with the contingency plan issued under section 1421c(b) of this title or under the direction of an Onsite Coordinator for an unusual mortality event;
(ii) for reimbursing any stranding network participant for costs incurred in preparing and transporting tissues collected with respect to an unusual mortality event for the Tissue Bank; and
(iii) for care and maintenance of marine mammal seized under section 1374(c)(2)(D) of this title; and
(B) shall remain available until expended.
(2) Pending claims
If sufficient amounts are not available in the Fund to satisfy any authorized pending claim, such claim shall remain pending until such time as sufficient amounts are available. All authorized pending claims shall be satisfied in the order received.
(c) Deposits into Fund
There shall be deposited into the Fund--
(1) amounts appropriated to the Fund;
(2) other amounts appropriated to the Secretary for use with respect to unusual mortality events; and
(3) amounts received by the United States in the form of gifts, devises, and bequests under subsection (d) of this section.
(d) Acceptance of donations
For purposes of carrying out this subchapter and section 1374(c)(2)(D) of this title, the Secretary may accept, solicit, and use the services of volunteers, and may accept, solicit, receive, hold, administer, and use gifts, devises, and bequests.
(Pub.L. 92-522, Title IV, § 405, formerly Title III, § 305, as added Pub.L. 102-587, Title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5064; renumbered § 405; amended Pub.L. 103-238, §§ 6, 16(b), 24(b), (c)(2), Apr. 30, 1994, 108 Stat. 542, 559, 565, 566.)
§ 1421e. Liability
A person who is authorized to respond to a stranding pursuant to an agreement entered into under section 1382(c) of this title is deemed to be an employee of the government for purposes of chapter 171 of Title 28, with respect to actions of the person that are--
(1) in accordance with the agreement; and
(2) in the case of an unusual mortality event, in accordance with--
(A) the contingency plan issued under section 1421c(b) of this title;
(B) the instructions of an Onsite Coordinator designated under section 1421c(c) of this title; or
(C) the best professional judgment of an Onsite Coordinator, in the case of any matter that is not covered by the contingency plan.
(b) Limitation
Subsection (a) of this section does not apply to actions of a person described in that subsection that are grossly negligent or that constitute willful misconduct.
(Pub.L. 92-522, Title IV, § 406, formerly Title III, § 306, as added Pub.L. 102-587, Title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5064; renumbered § 406; amended Pub.L. 103-238, § 24(b), (c)(3), (4), Apr. 30, 1994, 108 Stat. 565, 566.)
§ 1421f. National Marine Mammal Tissue Bank and tissue analysis
(a) Tissue Bank
The Secretary shall make provision for the storage, preparation, examination, and archiving of marine mammal tissues. Tissues archived pursuant to this subsection shall be known as the “National Marine Mammal Tissue Bank”.
(2) Guidance for marine mammal tissue collection, preparation, and archiving
The Secretary shall, in consultation with individuals with knowledge and expertise in marine science, marine mammal science, marine mammal veterinary and husbandry practices, and marine conservation, issue guidance, after an opportunity for public review and comment, for marine mammal tissue collection, preparation, archiving, and quality control procedures, regarding--
(A) appropriate and uniform methods and standards for those activities to provide confidence in marine mammal tissue samples used for research; and
(B) documentation of procedures used for collecting, preparing, and archiving those samples.
(3) Source of tissue
In addition to tissues taken during marine mammal unusual mortality events, the Tissue Bank shall incorporate tissue samples taken from other sources in the wild, including--
(A) samples from marine mammals taken incidental to commercial fishing operations;
(B) samples from marine mammals taken for subsistence purposes;
(C) biopsy samples; and
(D) any other samples properly collected.
(b) Tissue analysis
The Secretary shall, in consultation with the Marine Mammal Commission, the Secretary of the Interior, and individuals with knowledge and experience in marine science, marine mammal science, marine mammal veterinary and husbandry practices, and marine conservation, issue guidance, after an opportunity for public review and comment, for analyzing tissue samples (by use of the most effective and advanced diagnostic technologies and tools practicable) as a means to monitor and measure overall health trends in representative species or populations of marine mammals, including--
(1) the levels of, and if possible, the effects of, potentially harmful contaminants; and
(2) the frequency of, and if possible, the causes and effects of abnormal lesions or anomalies.
(c) Data base
The Secretary shall maintain a central data base which provides an effective means for tracking and accessing data on marine mammals, including relevant data on marine mammal tissues collected for and maintained in the Tissue Bank.
The data base established under this subsection shall include--
(A) reference data on the health of marine mammals and populations of marine mammals; and
(B) data on species of marine mammals that are subject to unusual mortality events.
(d) Access
The Secretary shall, in consultation with the Secretary of the Interior, establish criteria, after an opportunity for public review and comment, for access to--
(1) marine mammal tissues in the Tissue Bank;
(2) analyses conducted pursuant to subsection (b) of this section; and
(3) marine mammal data in the data base maintained under subsection (c) of this section;
which provide for appropriate uses of the tissues, analyses, and data by qualified scientists, including stranding network participants.
§ 1421f-1. John H. Prescott Marine Mammal Rescue Assistance Grant Program
(1) Subject to the availability of appropriations, the Secretary shall conduct a grant program to be known as the John H. Prescott Marine Mammal Rescue Assistance Grant Program, to provide grants to eligible stranding network participants for the recovery or treatment of marine mammals, the collection of data from living or dead stranded marine mammals for scientific research regarding marine mammal health, and facility operation costs that are directly related to those purposes.
(2)(A) The Secretary shall ensure that, to the greatest extent practicable, funds provided as grants under this subsection are distributed equitably among the stranding regions designated as of December 21, 2000, and in making such grants shall give preference to those facilities that have established records for rescuing or rehabilitating sick and stranded marine mammals in each of the respective regions, or subregions.
(B) In determining priorities among such regions, the Secretary may consider--
(i) any episodic stranding or any mortality event other than an event described in section 1421h(6) of this title, that occurred in any region in the preceding year;
(ii) data regarding average annual strandings and mortality events per region; and
(iii) the size of the marine mammal populations inhabiting a geographic area within such a region.
To receive a grant under this section, a stranding network participant shall submit an application in such form and manner as the Secretary may prescribe.
(c) Consultation
The Secretary shall consult with the Marine Mammal Commission, a representative from each of the designated stranding regions, and other individuals who represent public and private organizations that are actively involved in rescue, rehabilitation, release, scientific research, marine conservation, and forensic science regarding stranded marine mammals, regarding the development of criteria for the implementation of the grant program and the awarding of grants under the program.
(d) Limitation
The amount of a grant under this section shall not exceed $100,000.
(e) Matching requirement
The non-Federal share of the costs of an activity conducted with a grant under this section shall be 25 percent of such costs.
(2) In-kind contributions
The Secretary may apply to the non-Federal share of an activity conducted with a grant under this section the amount of funds, and the fair market value of property and services, provided by non-Federal sources and used for the activity.
(f) Administrative expenses
Of amounts available each fiscal year to carry out this section, the Secretary may expend not more than 6 percent or $80,000, whichever is greater, to pay the administrative expenses necessary to carry out this section.
(g) Definitions
(1) Designated stranding region
The term “designated stranding region” means a geographic region designated by the Secretary for purposes of administration of this subchapter.
(2) Secretary
The term “Secretary” has the meaning given that term in section 1362(12)(A) of this title.
(h) Authorization of appropriations
There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2001 through 2003, to remain available until expended, of which--
(1) $4,000,000 may be available to the Secretary of Commerce; and
(2) $1,000,000 may be available to the Secretary of the Interior.
(Pub.L. 92-522, Title IV, § 408, as added Pub.L. 106-555, Title II, § 202(a)(2), Dec. 21, 2000, 114 Stat. 2767.)
§ 1421g. Authorization of appropriations
There is authorized to be appropriated--
(1) to the Secretary for carrying out this subchapter (other than sections 1421d and 1421f of this title) $250,000 for each of fiscal years 1993 and 1994;
(2) to the Secretary for carrying out section 1421f of this title, $250,000 for each of fiscal years 1993 and 1994; and
(3) to the Fund, $500,000 for fiscal year 1993.
(Pub.L. 92-522, Title IV, § 409, formerly Title III, § 308, as added Pub.L. 102-587, Title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5066; renumbered § 408 and amended Pub.L. 103-238, § 24(b), (c)(5), (6), Apr. 30, 1994, 108 Stat. 565, 566; renumbered § 409, Pub.L. 106-555, Title II, § 202(a)(1), Dec. 21, 2000, 114 Stat. 2767.)
§ 1421h. Definitions
In this subchapter, the following definitions apply:
(1) The term “Fund” means the Marine Mammal Unusual Mortality Event Fund established by section 1421d(a) of this title.
(2) The term “Office” means the Office of Protected Resources, in the National Marine Fisheries Service.
(3) The term “stranding” means an event in the wild in which--
(A) a marine mammal is dead and is--
(i) on a beach or shore of the United States; or
(ii) in waters under the jurisdiction of the United States (including any navigable waters); or
(B) a marine mammal is alive and is--
(i) on a beach or shore of the United States and unable to return to the water;
(ii) on a beach or shore of the United States and, although able to return to the water, is in need of apparent medical attention; or
(iii) in the waters under the jurisdiction of the United States (including any navigable waters), but is unable to return to its natural habitat under its own power or without assistance.
(4) The term “stranding network participant” means a person who is authorized by an agreement under section 1382(c) of this title to take marine mammals as described in section 1379(h)(1) of this title in response to a stranding.
(5) The term “Tissue Bank” means the National Marine Tissue Bank provided for under section 1421f(a) of this title.
(6) The term “unusual mortality event” means a stranding that--
(A) is unexpected;
(B) involves a significant die-off of any marine mammal population; and
(C) demands immediate response.
(1) Agreement
The term “Agreement” means the Agreement Between the Government of the United States of America and the Government of the Russian Federation on the Conservation and Management of the Alaska-Chukotka Polar Bear Population, signed at Washington, D.C., on October 16, 2000.
(2) Alaska Nanuuq Commission
The term “Alaska Nanuuq Commission” means the Alaska Native entity, in existence on January 12, 2007, that represents all villages in the State of Alaska that engage in the annual subsistence taking of polar bears from the Alaska-Chukotka population and any successor entity.
(3) Import
The term “import” means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, without regard to whether the landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States.
(4) Polar bear part or product
The term “part or product of a polar bear” means any polar bear part or product, including the gall bile and gall bladder.
The term “Secretary” means the Secretary of the Interior.
(6) Taking
The term “taking” has the meaning given the term in the Agreement.
(7) Commission
The term “Commission” means the commission established under article 8 of the Agreement.
(Pub.L. 92-522, Title V, § 501, as added Pub.L. 109-479, Title IX, § 902(a), Jan. 12, 2007, 120 Stat. 3660.)
§ 1423a. Prohibitions
It is unlawful for any person who is subject to the jurisdiction of the United States or any person in waters or on lands under the jurisdiction of the United States--
(1) to take any polar bear in violation of the Agreement;
(2) to take any polar bear in violation of the Agreement or any annual taking limit or other restriction on the taking of polar bears that is adopted by the Commission pursuant to the Agreement;
(3) to import, export, possess, transport, sell, receive, acquire, or purchase, exchange, barter, or offer to sell, purchase, exchange, or barter any polar bear, or any part or product of a polar bear, that is taken in violation of paragraph (2);
(4) to import, export, sell, purchase, exchange, barter, or offer to sell, purchase, exchange, or barter, any polar bear gall bile or polar bear gall bladder;
(5) to attempt to commit, solicit another person to commit, or cause to be committed, any offense under this subsection; or
(6) to violate any regulation promulgated by the Secretary to implement any of the prohibitions established in this subsection.
For the purpose of forensic testing or any other law enforcement purpose, the Secretary, and Federal law enforcement officials, and any State or local law enforcement official authorized by the Secretary, may import a polar bear or any part or product of a polar bear.
§ 1423b. Administration
The Secretary, acting through the Director of the United States Fish and Wildlife Service, shall do all things necessary and appropriate, including the promulgation of regulations, to implement, enforce, and administer the provisions of the Agreement on behalf of the United States. The Secretary shall consult with the Secretary of State and the Alaska Nanuuq Commission on matters involving the implementation of the Agreement.
(b) Utilization of other government resources and authorities
(1) Other government resources
The Secretary may utilize by agreement, with or without reimbursement, the personnel, services, and facilities of any other Federal agency, any State agency, or the Alaska Nanuuq Commission for purposes of carrying out this subchapter or the Agreement.
(2) Other powers and authorities
Any person authorized by the Secretary under this subsection to enforce this subchapter or the Agreement shall have the authorities that are enumerated in section 3375(b) of this title.
(c) Ensuring compliance
(1) Subchapter II authorities
The Secretary may use authorities granted under subchapter II for enforcement, imposition of penalties, and the seizure of cargo for violations under this subchapter, provided that any polar bear or any part or product of a polar bear taken, imported, exported, possessed, transported, sold, received, acquired, purchased, exchanged, or bartered, or offered for sale, purchase, exchange, or barter in violation of this subchapter, shall be subject to seizure and forfeiture to the United States without any showing that may be required for assessment of a civil penalty or for criminal prosecution under this chapter.
(2) Additional authorities
Any gun, trap, net, or other equipment used, and any vessel, aircraft, or other means of transportation used, to aid in the violation or attempted violation of this subchapter shall be subject to seizure and forfeiture under section 1376 of this title.
(d) Regulations
The Secretary shall promulgate such regulations as are necessary to carry out this subchapter and the Agreement.
(2) Ordinances and regulations
If necessary to carry out this subchapter and the Agreement, and to improve compliance with any annual taking limit or other restriction on taking adopted by the Commission and implemented by the Secretary in accordance with this subchapter, the Secretary may promulgate regulations that adopt any ordinance or regulation that restricts the taking of polar bears for subsistence purposes if the ordinance or regulation has been promulgated by the Alaska Nanuuq Commission.
§ 1423c. Cooperative management agreement; authority to delegate enforcement authority
The Secretary, acting through the Director of the United States Fish and Wildlife Service, may share authority under this subchapter for the management of the taking of polar bears for subsistence purposes with the Alaska Nanuuq Commission if such commission is eligible under subsection (b).
(b) Delegation
To be eligible for the management authority described in subsection (a), the Alaska Nanuuq Commission shall--
(1) enter into a cooperative agreement with the Secretary under section 1388 of this title for the conservation of polar bears;
(2) meaningfully monitor compliance with this subchapter and the Agreement by Alaska Natives; and
(3) administer its co-management program for polar bears in accordance with--
(A) this subchapter; and
(B) the Agreement.
§ 1423d. Commission appointments; compensation, travel expenses, and claims
(a) Appointment of United States commissioners
(1) Appointment
The United States commissioners on the Commission shall be appointed by the President, in accordance with paragraph 2 of article 8 of the Agreement, after taking into consideration the recommendations of--
(A) the Secretary;
(B) the Secretary of State; and
(C) the Alaska Nanuuq Commission.
(2) Qualifications
With respect to the United States commissioners appointed under this subsection, in accordance with paragraph 2 of article 8 of the Agreement--
(A) 1 United States commissioner shall be an official of the Federal Government;
(B) 1 United States commissioner shall be a representative of the Native people of Alaska, and, in particular, the Native people for whom polar bears are an integral part of their culture; and
(C) both commissioners shall be knowledgeable of, or have expertise in, polar bears.
(3) Service and term
Each United States commissioner shall serve--
(A) at the pleasure of the President; and
(B) for an initial 4-year term and such additional terms as the President shall determine.
(4) Vacancies
Any individual appointed to fill a vacancy occurring before the expiration of any term of office of a United States commissioner shall be appointed for the remainder of that term.
(B) Manner
Any vacancy on the Commission shall be filled in the same manner as the original appointment.
(b) Alternate commissioners
The Secretary, in consultation with the Secretary of State and the Alaska Nanuuq Commission, shall designate an alternate commissioner for each member of the United States section.
(2) Duties
In the absence of a United States commissioner, an alternate commissioner may exercise all functions of the United States commissioner at any meetings of the Commission or of the United States section.
(3) Reappointment
An alternate commissioner--
(A) shall be eligible for reappointment by the President; and
(B) may attend all meetings of the United States section.
(c) Duties
The members of the United States section may carry out the functions and responsibilities described in article 8 of the Agreement in accordance with this subchapter and the Agreement.
(d) Compensation and expenses
(1) Compensation
A member of the United States section shall serve without compensation.
(2) Travel expenses
A member of the United States section shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of Title 5, while away from the home or regular place of business of the member in the performance of the duties of the United States-Russia Polar Bear Commission.
(e) Agency designation
The United States section shall, for the purpose of Title 28 relating to claims against the United States and tort claims procedure, be considered to be a Federal agency.
§ 1423e. Votes taken by the United States section on matters before the Commission
In accordance with paragraph 3 of article 8 of the Agreement, the United States section, made up of commissioners appointed by the President, shall vote on any issue before the United States-Russia Polar Bear Commission only if there is no disagreement between the United States commissioners regarding the vote.
§ 1423f. Implementation of actions taken by the Commission
The Secretary shall take all necessary actions to implement the decisions and determinations of the Commission under paragraph 7 of article 8 of the Agreement.
(b) Taking limitation
Not later than 60 days after the date on which the Secretary receives notice of the determination of the Commission of an annual taking limit, or of the adoption by the Commission of other restriction on the taking of polar bears for subsistence purposes, the Secretary shall publish a notice in the Federal Register announcing the determination or restriction.
§ 1423g. Application with other subchapters of chapter
The authority of the Secretary under this subchapter is in addition to, and shall not affect--
(1) the authority of the Secretary under other subchapters of this chapter or the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) or the exemption for Alaskan natives under section 1371(b) of this title as applied to other marine mammal populations; or
(2) the authorities provided under subchapter III of this chapter.
(b) Certain provisions inapplicable
The provisions of subchapters II through V of this chapter do not apply with respect to the implementation or administration of this subchapter, except as specified in section 1423b of this title.
§ 1423h. Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out the functions and responsibilities of the Secretary under this subchapter and the Agreement $1,000,000 for each of fiscal years 2006 through 2010.
(b) Commission
There are authorized to be appropriated to the Secretary to carry out functions and responsibilities of the United States Section $150,000 for each of fiscal years 2006 through 2010.
(c) Alaskan cooperative management program
There are authorized to be appropriated to the Secretary to carry out this subchapter and the Agreement in Alaska $150,000 for each of fiscal years 2006 through 2010.
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The Roman view of ‘Venus in Fur’
By Ty Burr Globe Staff,July 10, 2014, 6:00 p.m.
Emmanuelle Seigner and Mathieu Amalric in Roman Polanski’s film adaptation of the Broadway play “Venus in Fur.”Guy Ferrandis/Sundance Selects/Sundance Selects
Great artists have the gift of turning any source material, no matter how diverse, into an encyclopedia of their own obsessions. Whether you like it or not, Roman Polanski is a great artist, and even the minor films of his fugitive decades glimmer with the claustrophobia and sardonic bleakness of his greatest work. Which is to say that “Venus in Fur,” the 2010 David Ives play that conquered off-Broadway in 2010 and Broadway in 2011, has been thoroughly and maliciously Romanized.
(The standard disclaimer applies: While Polanski may be a great artist, he has been a horrible human being at least once in his life, and if you choose not to put aside his 1977 sex crime conviction to see the movie, that is your understandable right.)
The story is multileveled but quite simple. A playwright-turned-director named Thomas (Mathieu Amalric) is adapting for the stage the infamous 1870 novel “Venus in Furs” by Leopold von
Sacher-Masoch, the man who put the “M” in S&M. (Think “50 Shades of Grey” in period costume times 10.) He has been holding auditions all day and despairs of finding a modern actress who can play the dominant Vanda von Dunayev.
As he is packing up, one last actress bursts into the empty theater: Vanda (Emmanuelle Seigner), a crass, gum-chewing mess. Yet as she browbeats Thomas into letting her read — with the playwright standing in for Severin, the submissive male aesthete — Vanda reveals a regal and all-encompassing understanding of her character. Thomas is hooked. Let the mind games begin.
The New York production made a star of the young actress Nina Arianda, who took Vanda from zero to 60, goofball to goddess, in 90 electrifying minutes. If you were lucky enough to have seen “Venus in Fur” on Broadway, Arianda is hard to erase from your mind (put it this way: I don’t even remember who played Thomas), but Polanski eases the transition by translating the play into French and using Pawel Edelman’s swirling camerawork and Alexandre Desplat’s arch score to usher us into the land of cinema.
It takes a bit more to adjust to Seigner, and not just because she’s Mrs. Polanski. Where Arianda was in her mid-20s when she played the role onstage, the film’s Vanda is somewhere north of 40 (Seigner is 48) and her sensuality is mature, weathered, tempered by time and experience. The character is in some sense ageless, but Arianda gave it the agile playfulness of youth. Seigner’s Vanda has seen it all, and she revels in that knowledge like Titian’s odalisque. This is a very good, very dextrous performance from an actress who knows she has never been taken seriously enough.
Amalric is equally strong, even if he’s doing all the catching. As onstage, “Venus in Fur” gleefully juggles the earthly and the metaphorical, slipping imperceptibly from audition to the play’s inner world and back. One minute director and actress are bickering about dramaturgy, feminist porn theory, and Thomas’s fidelity to his unseen fiancée, the next they’re immersed in their roles as Severin and Vanda, conquered and conqueror. Or is it the other way around? Questions rise out of Ives’s cleverly calibrated interference patterns: Does this play worship women or humiliate them? Does Sacher-Masoch? For that matter, does Polanski?
It’s not an idle thought. While it remains a two-character drama unfolding on an abandoned stage, this “Venus in Fur” is of a piece with early Polanski classics like “Knife in the Water,” “Cul-de-Sac,” and “The Tenant” — elemental power plays in which men and women battle for emotional and psychological supremacy in tightly enclosed spaces. “Venus” is the most schematic of the bunch, and arguably the weakest, especially when the film threatens to become a cartoon in its final minutes. It’s still an unsettling entertainment with caustic things to say about men in general and its director in particular.
So this is a personal film? One looks to Polanski for a confessional at one’s peril. And yet how could it not be when the director has cast his own wife and an actor who’s a ringer for his younger self? (They’re probably even related; back in 2008, the British Guardian reported that Amalric’s maternal grandparents came from the same Polish village as Polanski.) “Venus in Fur” is a tremendous gift to an actress but it’s written by a man and here directed by a man, and as the story grovels at the feet of its Vanda, we sense everything a man can feel toward a woman: adoration, cruelty, guilt, bafflement, complicity, horniness, resentment — the works. None of which pierces the veil of self-absorption to arrive at real understanding.
“What do you know of my nature, apart from your imaginings?” the actress demands of her director toward the end. The answer, of course, is less than nothing. And still the poor, deluded slob tries to direct the show. He’d probably scoff at the notion, but this may be as close to a public apology as Polanski will ever come.
“Venus in Fur” trailer:
Ty Burr can be reached at tburr@globe.com. Follow him on Twitter @tyburr.
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Wolf: Covid Has Exposed Society’s Dysfunctions—Noted
Black: The Deeply Broken Staff of the New York Times—Noted
Burns: Pompey's Strategy and Domitius' Stand—Noted
In his The Civil War Gaius Julius Caesar presented "just the facts" in a way that made Lucius Domitius Ahenobarbus look like a cowardly and incompetent idiot. The attractive interpretation is that Ahenobarbus was just trying to do the job of defeating Caesar, but had failed to recognize that Pompey was not his ally. Pompey, rather, was somebody whose first goal was to gain the submission of Ahenobarbus and the other Optimates, and only after that submission was gained would he even think about fighting Caesar. Still an idiot, but not an incompetent or a cowardly one:
Alfred Burns: Pompey's Strategy and Domitius' Stand at Corfinium https://github.com/braddelong/public-files/blob/master/readings/article-burns-pompey.pdf: ‘In early 49, the alliance confronting Caesar consisted of the old republican senate families who under the leadership of [Lucius] Domitius [Ahenonbarbus] tried to maintain the traditional institutions and of Pompey who clung to his own extra-legal position of semi-dictatorial power. Both parties to the alliance were as mutually distrustful as they were dependent on each other...
...Marcus Antonius, Cassius, Caelius and Curio left Rome on January 7th 49 B.C. Caesar left Ravenna and occupied Ariminum on the tenth or the eleventh. There he was met by the tribunes. Caesar immediately began his probing military moves and, emboldened by the lack of effective resistance, increased the speed and scope of his operations. He sent Marcus Antonius with five cohorts toward Arretium while he himself conducted levies around Ariminum and dispatched single cohorts to occupy Pisaurum, Fanum and Ancona. According to Caesar's [false] report, he undertook these steps only after Lucius Roscius and Lucius Caesar arrived with unsatisfactory replies to his latest compromise offer....
Rome was thrown into panic and confusion when Caesar's successes became known. When Pompey mentioned the possibility of a withdrawal from Italy, he was severely criticized because of his previous bland assurances.... Plutarch, Appian and Dio complement each other in their descriptions of the chaos in Rome and of Pompey's helplessness.... Pompey allowing himself to be swayed by whomever he met, gave confficting directions, contradicting himself sometimes on the same day. He left Rome on the I7th of January... most of the senate followed him the next day..... By the 23rd Domitius was collecting troops... and rallying the various contingents in retreat for an attempt to block Caesar.... By February gth, Cicero knows that Domitius is preparing his stand at Corfinium... [in] a striking contrast to the frantic confusion in Rome and to Pompey's indecision. For even though Pompey had mentioned the possibility of withdrawal from Italy, he apparently hesitated, and kept his associates in the dark about his intentions...
Caesar resumed his movement into Picenum on January 27 or 28th. For the second time he misrepresents... claiming... he did so after Roscius and Lucius Caesar arrived with a new unsatisfactory answer.... Caesar now advanced rapidly through Picenum where Pompey and Labienus supposedly had a strong following. But.. the towns opened their doors... and... welcomed him with open arms. Even if we... take with caution Caesar's reports... we must believe them since Cicero... confirms them.... Pompey had lost the basis of his popular support to Caesar. That this also held true in the Picenian territory was an especially hard blow.... It had been mentioned by Pompey as the area where he would halt Caesar, and it was where Domitius attempted his stand....
In the first days of February Caesar was joined by the 12th legion.... Lentulus Spinther... was deserted by "magna parte militum."... The juncture of Vibullius and Domitius occured on the 8th of February.... Domitius now had 33 cohorts in Corfinium, a traditional stronghold in previous wars.... On the 8th Domitius was planning to set out on the 9th to join Pompey. But he changed his plan overnight... The addition of Vibullius' troops almost doubled Domitius' forces. At least temporarily, he was superior to Caesar in numbers and in a much better position than before to resist. Even if he had no doubts about Pompey's will to resist, the defense from a fortified position on the approach route to Rome was obviously far more advantageous from a strategic point of view to a stand in the much more open country around Luceria leaving Rome wide open to Caesar.
Most general histories discuss Domitius' actions as if they had been the arbitrary act of a recalcitrant subordinate of Pompey, but such a view is unjustified. Pompey had not been given a supreme command. Domitius was technically equal in rank to Pompey as a proconsular and outranked him in family prestige as the fifth descendant of his family to attain the consulate in unbroken succession. He had every right to disagree with Pompey....
The plan proposed by Domitius seems simple and logical. If Caesar attacks him, he will resist and he will expect Pompey to attack Caesar in a pincer movement. If Caesar by-passes him to attack Pompey, he will come to Pompey's support. But Domitius' most crucial reason would have been his justifiable distrust of Pompey. Pompey had been playing the two sides against each other for such a long time and had come twice to terms with Caesar in the last minute, both times with disastrous consequences for Domitius and his associates. Missions and messages were still being exchanged between the two former allies. Many like Cicero, were still hoping for their reconciliation....
If Italy were to be adandoned and reconquered by Pompey's provincial armies with the help of Pompey's client potentates in the East, then, in case of victory the power would be all Pompey's. His dominatio would be absolute and the senate would be at his mercy. Only a shared victory of Domitius and Pompey now, would give the senate a partnership in the government. Therefore this was Domitius' opportunity.... Domitius suddenly finds himself not only with his own but also a good part of Pompey's troops, almost twice the force he had before. By committing such a large part of their available troops, he will force Pompey's hand... Pompey could not afford not to help him. Together they would be able to block Caesar's path and to defeat him before he could bring up additional reinforcements. Caesar arrived at Corfinium on the fifteenth of February and established a fortified camp facing the city wall. Domitius reacted with vigor: He made the physical preparations for the defense of the city, he did not spare his personal fortune to offer a real incentive to his troops, and he finally wrote a letter designed to leave Pompey no other choice but to come to his aid....
Domitius and his troops apparently were convinced that they had Caesar in a trap to which Pompey would spring the door. Their confidence was justifiable since the idea that Pompey could abandon them appeared inconceivable.... Even Cicero, who suspected Pompey's plan, finds it at first impossible to believe that Pompey would go through with his proposed course of action.... Pompey, of course, proceeded to evacuate his army from Italy. Without support from Pompey, Domitius' situation soon deteriorated....
We shall try to show that Pompey did not necessarily know better [than Domitius] and that even if he did, Domitius might not have been to blame because Pompey had never definitely informed him of his plan. But even assuming that Pompey's plan was sound and that Domitius knew about it, he would still have had to make an attempt to force a decision in Italy if he wanted to keep the republic from domination by either Pompey or Caesar....
In the senate session of January 17th, Pompey's intimation of possible withdrawal from Italy had caused general consternation.... Italy first invaded and sacked by Caesar's Gallic hordes, then re-conquered by Pompey's foreign armies from the East in an orgy of vengeance. Von Fritz believes the suggestion caused such a storm of opposition that the idea of a maius imperium for Pompey was abandoned, and that he henceforth thought it wiser to act as if he had given up his plan.... Pompey did not mention withdrawal any more for the next month. On the contrary, the letters to Domitius and the consuls are full of ambiguities implying a plan by Pompey to make a stand in southern Italy. Kurt von Fritz draws the conclusion that Pompey left Domitius deliberately in the dark about his intentions....
Domitius had every interest to force Pompey... if he wanted to prevent a complete domi- nation of the state by Pompey. Cicero was convinced that dominatio was Pompey's ultimate objective. A re-conquest of Italy by his eastern armies was the surest means for Pompey of attaining this objective. Thus he may have been swayed by far more compelling reasons for leaving Domitius to his fate than the ones he professed. Corfinium not only bought him the time to concentrate his troops near Brundisium, but it also promised to rid him of one of his most persistent opponents and rivals.
.#noted #tags #2020-07-25
Kurt von Fritz: Pompey's Policy before and after the Outbreak of the Civil War of 49 B.C. https://www-jstor-org.libproxy.berkeley.edu/stable/pdf/283545.pdf?refreqid=excelsior%3A6a56c9089151bf1b346c1067efb4555a: ‘This paper tries to prove the following points: Pompey's decision to evacuate Italy in case of an open conflict with Caesar was taken half a year before the outbreak of the Civil War; the indignation of the Senate... prevented Pompey from revealing his decision until the necessity of evacuating Italy had become apparent to everybody; the loss of a large army at Corfinium was the fault not so much of its commander Domitius as of Pompey, who failed to inform Domitius of his decision before it was too late...
...We have then the following incontestable facts. Up to and including February 16 Pompey had not informed Domitius of his definite decision to evacuate Italy but on the contrary had again and again hinted at the probability that they would fight Caesar in Italy as soon as all the troops were assembled. Yet he affirms in a letter to the consuls that in a message undoubtedly sent before February 16 he had made it clear that Italy was to be evacuated and had indicated what part was to be played by Domitius in this evacuation.
The conclusion is inevitable that Pompey either kept Domitius deliberately in the dark concerning his intentions and decisions, or lied in his letter to the consuls, or both.
In order to find out which of these three explanations is correct we have to examine Pornpey's letters to the consuls and Cicero's reactions when he received copies of these letters.... The consuls had stayed in the western part of Southern Italy since January 17... collecting troops in Campania and the neighboring regions.... [Recall] Pompey's earlier letter to the consuls. Cicero, on receiving a copy... seems to have been convinced that it revealed Pompey's intention to fight Caesar in Italy and that this was the reason why he urged the consuls to join him in Apulia. He further affirms that all persons to whom he talked about it were of the same opinion.... The prevailing opinion seems to be: 1. that Cicero, however mistaken, was sincere in his interpretation of the letter; 2. that some other persons with whom he discussed it may have been equally mistaken, but that the words eadem opinione fui qua reliqui omnes probably represent a gross exaggeration of the facts; that the letter actually meant that the consuls must take part in the impending evacuation of Italy; 4. that the consuls themselves understood this perfectly at once. That acceptance of these four points leads to some rather striking conclusions is less universally realized....
The first message by which Pompey made it absolutely clear that Italy was to be abandoned was the letter to the consuls Att. 8.12A. This letter was preceded by a period in which Pompey... was... determined to follow this plan but kept his associates in the dark.... His letters in this period, while very clear and definite in the special military directions given, are obscure and deliberately evasive as far as the grand strategy.... First they suggest strongly that an attempt will or may be made to defend Italy. Then stronger and stronger hints are given that Italy will be abandoned.... But only when... the hopelessness of resistance must have become clear to everybody did Pompey come out openly and definitely with his plan. His correspondents, on the other hand, obviously wished Italy to be defended, and they show various degrees of reluctance to understand the necessity of evacuating the peninsula....
We have still to answer the question whether in the interval between Jan. 24 and Feb. 13 Pompey had actually hoped or intended to fight Caesar in Italy, as one of his letters to Cicero, if we can trust the latter, indicated.... Even Caesar admits that in the first phase of the battle for Corfinium Domitius acted with much more energy than Thermus, Lentulus Spinther, Hirrus, and the others.... He not only took all the measures necessary for the defense of the city but also tried to win the adherence of his soldiers by great personal sacrifices.... We now know a point which is much more important for a just evaluation of Domitius: he had not been informed of Pompey's definite decision to abandon Italy. He may have thought that he knew better than the generalissimo. But if he did, he thought that he knew better how to fight in Italy, taking for granted that to do this was still the general plan....
On Feb. 10 Pompey received information through Fabius that Domitius, when Fabius left him, had prepared to leave Corfinium early on Feb. 9.... Domitius'... decision to abandon Corfinium must have been taken on the order or suggestion of Pompey... dispatched by Pompey later than Feb. 5.... He gave this order almost immediately after having received the news that Caesar was on the march again.... There can be hardly any doubt that withdrawal from Corfinium was ordered in preparation for the evacuation of Italy, though Pompey did not admit this at the time.
Pompey's letter to Cicero, on the other hand, in which he boasts that soon he will have a reliable army and then will advance into Picenum, was written at the time of the negotiations, when Caesar had halted his advance for a short time and when it was doubtful whether there would be a military conflict. If Pompey, as his later attitude -seems to indicate, for some reason or other was afraid to reveal his decision to evacuate Italy to his associates before the necessity for doing so had become apparent to everybody, these reasons must have been strongest at the time when there was a possibility that they would not have to fight at all. It is therefore difficult to take Pompey's letter to Cicero at its face value.
[Pompey] did not hurry to his troops immediately after the war broke out. Instead he tarried between Rome and Campania for a whole week after the evacuation of Rome so as to arouse the anger even of Cicero; and when, after having taken leave of the consuls and the Senate, he could no longer be held up by councils of state he still proceeded in a very leisurely fashion.111 He made no effort to concentrate his troops.... When the two veteran legions were actually put to the test in the battle at Pharsalus, according to Caesar's own account, they did not betray Pompey, but fought on valiantly after having been attacked simultaneously in the front and rear.... All these... indicate... that Pompey at no time had any intention of resisting Caesar in Italy.... The slowness of his movements in the first phase... exaggerating the unreliability of the legions... keeping his associates in the dark... [made] it impossible for his equals in command to impose on him a plan of resistance. He seems to have done so even at the risk of diminishing greatly the size of the army which might have been recruited from Italy for the final struggle against Caesar....
We must not forget that it was Pompey's own boasting, his display of unlimited confidence and pretence of easy superiority 133 which made the necessity of evacuating Italy come as such a blow to his associates and made them unable to under- stand the situation fully before it was too late. Nor should we forget that, after the outbreak of hostilities, it was again Pompey's duplicity and his lack of steadfastness in openly adhering to his plan in the face of the first opposition which made his associates take the false steps which led to the loss of so many valuable troops. We are then still left with the question whether Cicero was right when he later accused Pompey of having planned the evacuation of Italy long before the outbreak of the war and of having intended to use the reconquest of Italy after the fashion of Sulla for his own aggrandizement....
If Pompey planned the evacuation of Italy before the outbreak of the war he must have dissembled this plan very carefully. He may then have done so because he thought it necessary for the preservation of the Republic to resist Caesar, and yet was afraid that he would not find the necessary support for such resistance if it became known what risks a policy of intransigence implied. But this interpretation of his attitude would be possible only if he began to foresee an armed conflict only a very short time before its actual outbreak. For otherwise we must assume that he would have done everything in his power to make resistance possible at a smaller sacrifice-unless he had special political reasons for acting otherwise. This consideration leads to a further criterion for the solution of our problem. The evidence that Cicero's later suspicions were not unfounded becomes very strong if the following points can be proved: 1. that Pompey must have reckoned with an armed conflict a very considerable time before it actually broke out, 2. that he nevertheless made no attempt to avoid an evacuation of Italy... by... compromise... action against Caesar at a time when the latter could not have fought... or by strengthening the military power available... to make a successful defense of the peninsula possible, 3. that he actually tried to prevent all such measures and so deliberately made the evacuation of Italy inevitable....
In examining the evidence for the early existence of Pompey's plan we have to distinguish... the last months of the year 50... [from] the period from Pompey's third consulate to the spring of this year.... When Cicero came back from his governorship in Cilicia in December 50 he met Pompey twice.... On both occasions Cicero received the impression that Pompey not only considered an armed conflict with Caesar imminent but even desired it and was so far from seeking a peaceful solution that he was actually afraid a peaceful settlement might be brought about.... But when, a few days before this conversation with Cicero, the consul Marcellus, together with the consuls designate of the following year, had handed him a sword and entrusted him with the defense of the Republic he had answered in a rather non-committal way that... tried to conceal his desire for a decision by force and to create the impression that he viewed this possibility with utter reluctance. At the same time... the two legions taken over from Caesar... he transferred... to... Apulia.... If, therefore, in his letters of the middle of February 142 he suddenly writes that they are not ready and that he finds them utterly unreliable we inevitably reach the conclusion that Pompey either in December failed to take the most elementary precautions or in February did not speak the truth when he wrote about the condition and attitude of these legions....
Pompey's policy from his third consulate to the spring of the year 50 is much more complicated... the seeming inconsistency with which he made repeated attempts to deprive Caesar of privileges which had been granted to him previously with his own approval or connivance, and yet deliberately made it impossible for the leaders of the optimate party to crush Caesar at a time when such an attempt would probably have been much less dangerous than it was in January 49.... The evidence previously analysed seems to show that Pompey was not driven into the conflict either by his republican allies or-in the last weeks-by Caesar's surprisingly bold and quick action. It suggests, on the contrary, that in the last years before the outbreak of the conflict there presented itself to Pompey's mind the possibility of a new and different policy.... He must save the state from a danger so great that no one would ever in the future challenge the extraordinary position of the savior. This is exactly what Octavian accomplished later. But at the time when Augustus attained supreme power the state had been through so terrible a period of internal strife and disorder that almost everybody welcomed the restoration of peace and order by the strong hand of the Princeps. Pompey had at first to make sure that the danger was sufficiently great and not too easily removed.... A policy of this kind was of course a dangerous gamble requiring almost superhuman subtlety and skill-more skill in fact than Caesar's policy, which, though extremely bold, was much more straightforward...
July 24, 2020 at 16:39 in #noted | Permalink | Comments (0)
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Dr Lucy Wright
lucy.wright@ndph.ox.ac.uk
BN DPhil
Senior Epidemiologist, Unit of Health Care Epidemiology
Lucy Wright is a senior epidemiologist and joined the Unit of Health Care Epidemiology as a team leader in 2018. She has an Oxford DPhil in clinical cardiovascular epidemiology, and an undergraduate degree in nursing from Dalhousie University, Canada. Lucy’s clinical and research backgrounds are both in cardiovascular disease, and include over 10 years in general practice research. From 2008-2018, Lucy was a post-doctoral research scientist and then cardiovascular epidemiologist on the Million Women Study in the Cancer Epidemiology Unit, Nuffield Department of Population Health. While there, she had lead roles in several methodological and cardiovascular epidemiology projects using linked hospital and mortality records, most recently focusing on stroke. She also collaborated with the Unit of Health Care Epidemiology on several coronary disease studies during this time.
Lucy is the Oxford lead for several international studies using data held by the Unit of Health Care Epidemiology. Since 2015, she has been instrumental in the successful and ongoing collaboration with the University of Western Australia comparing coronary disease epidemiology in Australia and England. Lucy has also been the national lead since 2018 for a four-country comparison of the determinants of decreasing mortality rates in cardiovascular diseases (including myocardial infarction and stroke) between 2002-15 using data from England, Australia, New Zealand and Canada.
Lucy is closely involved in teaching, as a supervisor for MSc and DPhil students investigating coronary disease epidemiology, patterns of cardiovascular risk factors and multimorbidity.
European Society of Cardiology: Cardiovascular Disease Statistics 2019.
Timmis A. et al, (2020), European heart journal, 41, 12 - 85
CHARACTERISTICS ASSOCIATED WITH CARDIOVASCULAR MULTIMORBIDITY IN UK WOMEN AGED 50-64 YEARS: CROSS-SECTIONAL ANALYSIS OF THE MILLION WOMEN STUDY
Suh JW. et al, (2019), JOURNAL OF EPIDEMIOLOGY AND COMMUNITY HEALTH, 73, A97 - A97
COMPARATIVE TRENDS IN CORONARY HEART DISEASE SUBGROUP HOSPITALISATION RATES IN ENGLAND AND AUSTRALIA: A POPULATION-BASED OBSERVATIONAL STUDY, 1996-2013
Wright FL. et al, (2019), JOURNAL OF EPIDEMIOLOGY AND COMMUNITY HEALTH, 73, A98 - A99
Comparative trends in coronary heart disease subgroup hospitalisation rates in England and Australia.
Nedkoff L. et al, (2019), Heart (British Cardiac Society), 105, 1343 - 1350
Determinants of the decline in mortality from acute stroke in England: linked national database study of 795 869 adults (vol 36, pg l1778, 2019)
Seminog OO. et al, (2019), BMJ-BRITISH MEDICAL JOURNAL, 366
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Arcus Biosciences Appoints Kristen M. Hege, M.D., to its Board of Directors
HAYWARD, Calif.--(BUSINESS WIRE)-- Arcus Biosciences, Inc. (NYSE:RCUS), a clinical-stage biopharmaceutical company focused on creating innovative cancer immunotherapies, today announced the appointment of Kristen M. Hege, M.D., to its Board of Directors. Dr. Hege brings more than 20 years of oncology clinical leadership experience to Arcus’s board.
“We are thrilled to welcome Dr. Hege to our Board of Directors,” said Terry Rosen, Ph.D., Chief Executive Officer at Arcus. “Dr. Hege brings extensive and highly relevant experience in translational medicine and clinical development in oncology to Arcus and has the ideal background to contribute to our Company’s biomarker strategy and clinical development plans. Also, as Dr. Hege has served as a member of our Scientific Advisory Board and as a Board Observer, she is already very familiar with Arcus and knowledgeable on the pathways we are pursuing. We look forward to having access to Dr. Hege’s extraordinary experience, perspectives and wisdom as we expand our clinical development programs and explore opportunities to bring our medicines to cancer patients as rapidly as possible.”
Dr. Hege currently serves as Corporate Vice President, Translational Development, Hematology and Oncology and San Francisco site head at Celgene where she is responsible for translational and early clinical development for all hematology and oncology products including small molecules, biologics and cell therapies. Prior to joining Celgene, she served as acting Chief Medical Officer at Aragon Pharmaceuticals, Theraclone Sciences and Cellerant Therapeutics. Dr. Hege began her career at Cell Genesys Inc. where she spent 14 years in various roles of increasing responsibility, ultimately leading the Clinical Research and Development organization.
Dr. Hege is currently a Clinical Professor of Medicine, Hematology and Oncology and an attending physician at the University of California, San Francisco (UCSF). She has held a clinical faculty appointment at UCSF since 1997 in the adult hematology and bone marrow transplant program. Dr. Hege has been board-certified in internal medicine, medical oncology and hematology. Dr. Hege received her B.A. summa cum laude from Dartmouth, M.D. from UCSF, and completed a medical residency at Brigham & Women's Hospital, Harvard Medical School and a fellowship in hematology and oncology at UCSF. She serves on the Board of Directors of the Society for Immunotherapy of Cancer and Mersana Therapeutics and the Strategic Advisory Group for the Parker Institute for Cancer Immunotherapy. In 2015, FierceBiotech recognized her as one of the top 12 women in Biopharma.
About Arcus Biosciences
Arcus Biosciences is a clinical-stage biopharmaceutical company focused on creating innovative cancer immunotherapies. Arcus has several programs targeting important immuno-oncology pathways, including a dual adenosine receptor antagonist AB928, which is in a Phase 1/1b program to evaluate AB928 in combination with other agents in multiple tumor types, and an anti-PD-1 antibody AB122, which is being evaluated in a Phase 1 trial and is being tested in combination with Arcus’s other product candidates. Arcus’s other programs include AB154, an anti-TIGIT antibody, which is in a Phase 1 trial to evaluate AB154 as monotherapy and in combination with AB122, and AB680, a small molecule inhibitor of CD73, which is in IND-enabling studies. Arcus has extensive in-house expertise in medicinal chemistry, immunology, biochemistry, pharmacology and structural biology. For more information about Arcus Biosciences, please visit www.arcusbio.com.
This press release contains forward-looking statements. All statements other than statements of historical facts contained herein, including, but not limited to, the scope and pace of Arcus’s clinical development efforts, are forward-looking statements reflecting the current beliefs and expectations of management made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. All forward-looking statements involve known and unknown risks, uncertainties and other important factors that may cause Arcus’s actual results, performance or achievements to differ significantly from those expressed or implied. Factors that could cause or contribute to such differences include, but are not limited to, the inherent uncertainty associated with pharmaceutical product development and clinical trials, including unexpected safety data observed during our clinical trials, changes in expected or existing competition, difficulties or delays in the initiation and enrollment of our clinical trials and changes in the regulatory environment. Risks and uncertainties facing Arcus are described more fully in Arcus’s quarterly report on Form 10-Q for the quarter ended June 30, 2018 filed on August 6, 2018 with the SEC. You are cautioned not to place undue reliance on the forward-looking statements, which speak only as of the date of this press release. Arcus disclaims any obligation or undertaking to update, supplement or revise any forward-looking statements contained in this press release.
Arcus Biosciences, Inc.
Jennifer Jarrett, 510-694-6261
jjarrett@arcusbio.com
Nicole Arndt, 510-284-4728
narndt@arcusbio.com
Source: Arcus Biosciences
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Home » Other News To Note
Other News To Note
¿ Antex Biologics Incof Gaithersburg, Md., said it will provide its antigenically enhanced bacteria to O.E.M Concepts Inc., of Toms River, N.J., for the development and manufacture of proprietary antibodies for commercial use in the detection of food-borne and other enteric pathogens. O.E.M. will be responsible for the sale and distribution of these antigen affinity purified monoclonal and polyclonal antibodies to the diagnostics industry for inclusion in in vitro diagnostic kits, and Antex will receive royalties from sales.
¿ Boston Life Sciences Inc., of Boston, developed an advance in the protein manufacturing process used in production of its anti-angiogenic agent, Troponin. It said this process should yield production of highly active, pure GMP material for clinical trials and commercialization.
¿ Celera Genomics, of Rockville, Md., was awarded a grant from the National Heart, Lung and Blood Institute and the National Human Genome Research Institute to sequence the genome of the laboratory rat in collaboration with Baylor College of Medicine. The Institute for Genomic Research, of Rockville, Md., Genome Therapeutics Corp., of Waltham, Mass., and the University of British Columbia also will participate. The goal is to sequence fourfold coverage of the genome within two years.
¿ Discovery Partners International Inc., of San Diego, entered a definitive agreement to acquire Xenometrix Inc., of Boulder, Colo., through the purchase of all Xenometrix's common stock, paying 59 cents per share. Xenometrix has about 2.9 million shares outstanding, giving the estimated price of $1.7 million for the acquisition. As of Feb. 10, Xenometrix had $492,000 in cash and cash equivalents. Xenometrix has a patent portfolio for its gene profiling technology that Discovery will use in its own offering of technologies, products and services. Xenometrix will become a wholly owned subsidiary through the transaction, which has been approved by the boards of both companies but is still subject to approval by Xenometrix stockholders. Xenometrix's stock (OTCBB:XENO) moved up 12.5 cents Wednesday, or about 30 percent, to close at 53.1 cents.
¿ Dyax Corp., of Cambridge, Mass., said it signed the 50th licensee to its phage display patents. The licensee was not named. Its patented phage display technology is a high-throughput discovery platform with applications in research and development. Terms were not disclosed.
¿ Genset SA, of Paris, confirmed the departure of Bernard Bihain, vice president of physiological genomics, who is leaving to accept a position with another biotechnology company. Genset's stock (NASDAQ:GENXY) fell $3.187 Wednesday, or about 34 percent, to close at $6.125. Since the stock reached $18.375 on Jan. 19, it has been in steady decline.
¿ Genzyme Biosurgery, a division of Genzyme Corp., of Cambridge, Mass., said orthopedic surgeons reported 91 percent of patients treated with its Carticel (autologous cultured chondrocytes) to repair damaged cartilage on the thigh-bone part of the knee maintained improvement in four key measures five years after surgery. This result was reported in the summary of the seventh report of its cartilage repair registry released Wednesday during the annual meeting of the American Academy of Orthopaedic Surgeons in San Francisco.
¿ Gliatech Inc., of Cleveland, initiated work with its recently appointed independent auditor, Health Policy Associates (HPA), to identify and resolve matters of interest to the FDA related to its application integrity policy status. The FDA has communicated to HPA three initial areas of focus: the efficacy of Gliatech's product Adcon-L, the safety of Adcon-L, and manufacturing procedures and test results. Gliatech voluntarily recalled Adcon-L and Adcon-T/N worldwide, related to a recall by the supplier of a raw material component of these products. Gliatech said the work on each area could be ready for submission to the FDA in the next several months.
¿ Harvard Bioscience Inc., of Holliston, Mass., introduced ScanTox, a drug safety evaluation tool designed to reduce the number of drug candidate false positives. It is a laser-based instrument that quantifies the relative cytotoxicity of a substance within a living and functional cultured bovine lens.
¿ Illumina Inc., of San Diego, signed an agreement with Chevron Research and Technology Co., headquartered in San Francisco, to determine how BeadArray technology could be developed and applied to hydrocarbon processing operations. The study will be funded by Chevron and should complete in early 2002. They will evaluate how Illumina's fiber optic-based technology can be designed and trained to detect chemical compounds present in refining or chemical plant operations.
¿ Immusol Inc., of San Diego, entered a functional genomics collaboration for drug discovery with Chugai Pharmaceutical Co. Ltd., of Tokyo. Immusol's proprietary gene inactivation technology will be used to support Chugai's discovery and validation of drug target genes relating to cancer metastasis, to inhibit the spread of cancer. The collaboration will also target newly discovered genes from Chugai's wholly owned subsidiary, Chugai Research Institute for Molecular Medicine Inc., and Chugai's research center, Fuji Gotemba Laboratories.
¿ InterMune Pharmaceuticals Inc., of Burlingame, Calif., commenced enrollment in its Phase II trial evaluating the safety and efficacy of inhaled Actimmune (interferon gamma-1b) for the treatment of cystic fibrosis. Trial specifics were not disclosed.
¿ Isis Pharmaceuticals Inc., of Carlsbad, Calif., said its GeneTrove division extended its antisense target validation research program with Abbott Laboratories, of Abbott Park, Ill. GeneTrove uses it proprietary antisense technology to assist Abbott in determining the function and therapeutic relevance of numerous gene targets. Financial details were not disclosed.
¿ NeoPharm Inc., of Lake Forest, Ill., reached an agreement with the FDA to expand the existing cooperative research and development agreement (CRADA) to develop the anticancer agent, IL13-PE38, for the treatment of tumors that express interleukin-13 receptors. The term will now run through Dec. 31, 2003. NeoPharm is conducting Phase I trials of IL13-PE38 and systemic and intratumoral administration and has increased the scope of the CRADA.
¿ Pharmagene plc, of Royston, England, signed a drug discovery agreement with Bayer plc, a unit of Bayer AG, of Leverkusen, Germany. Bayer will use Pharmagene's knowledge in human tissue for the generation of a dataset to aid the validation of potential drug targets identified by Bayer.
¿ PPD Inc., of Wilmington, N.C., said its wholly owned subsidiary, PPD Discovery, has a technology access agreement with InforMax Inc., of Rockville, Md., to use the GenoMax enterprise bioinformatics system. PPD Discovery will gain broad access to the system to manage and analyze genomic data resulting from PPD's functional genomics research program.
¿ Rosetta Inpharmatics Inc., of Kirkland, Wash., said GeneticXchange Inc., of Menlo Park, Calif., InforMax Inc., of Rockville, Md., and NetGenics Inc., of Cleveland, joined the GEML Community. The GEML (Gene Expression Markup Language) Community was established as a forum for members to exchange ideas regarding the future of gene expression data interchange, and to participate in the ongoing development of the GEML format.
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Home » PTO Publishes Guidelines Related To Gene Patenting
PTO Publishes Guidelines Related To Gene Patenting
By Kim Coghill
Washington Editor
WASHINGTON - The U.S. Patent and Trademark Office Friday released gene-based patent guidelines that differ little from the interim rules published a year ago, and are considered acceptable by the Biotechnology Industry Organization.
The guidelines were effective upon publication Friday and have "raised the bar" over previous guidelines by requiring more specific, credible and substantial information before issuing a patent, according to Brigit Quinn, PTO spokeswoman.
The guidelines are related to the "utility" section of the patent approval process, which in the past was a two-part test requiring the invention to be "specific and credible," Quinn said. "But today the invention or utility has to be specific, credible and substantial."
And, according to the PTO, the invention must have a well-established utility, meaning "a person of ordinary skill in the art would immediately appreciate why the invention is useful based on the characteristics of the invention."
Lila Feisee, Washington-based BIO's director of federal government relations and intellectual property, said BIO welcomes the guidelines because they give companies a framework in which to work. "We think the patent office has done a professional job and the rules are not inconsistent with how the industry has been practicing."
Quinn said upon initial publication of the proposed guidelines, "We received a lot of public comments, which required some tweaking."
Among concerns raised by the public were several stating that genes are discoveries, not inventions and therefore not patentable. But citing standards enacted by Congress, the PTO said that an inventor's discovery of a gene can be the basis for a patent on the genetic composition isolated from its natural state and processed through purifying steps that separate the gene from other molecules naturally associated with it.
According to the PTO, if an applicant discloses a specific, substantial and credible utility for the claimed isolated and purified gene, the isolated and purified gene composition may be patentable.
The guidelines also clarify concerns that anyone who discovers a gene will be allowed a broad patent covering any number of possible applications. The PTO said that when a patent claiming a new chemical compound is issued, the patentee has the right to exclude others from using the compound for a limited time and the patentee is required only to teach others how to use the invention in at least one way. Other inventors who develop new and nonobvious methods of using the patented compound have the opportunity to patent those methods, according to the PTO.
Regarding whether patents should be withheld pending complete sequence of the gene, the PTO said "describing the complete chemical structure, the DNA sequence, is one method of describing a DNA molecule, but it is not the only method. The utility of a claimed DNA does not necessarily depend on the function of the encoded gene product."
Several other comments suggested that DNA should be considered unpatentable because a DNA sequence by itself has little utility. The PTO said like any descriptive property, a DNA sequence itself is not patentable. A purified DNA molecule isolated from its natural environment is a chemical compound and is patentable if all the statutory requirements are met. An isolated and purified DNA molecule may meet the statutory utility requirement if it can be used to produce a useful protein or it hybridizes near and serves as a marker for a disease gene. Therefore, a DNA molecule is not per se unpatentable for lack of utility, and each application claim must be examined on its own facts.
The entire report can be viewed on the Federal Register or PTO web sites.
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The Book of the Virgins
Buch (Taschenbuch, Englisch)
"The Book of the Virgins, " published here in its first English translation, is one of Gabriele D'Annunzio's very first collections. Remarkable for its descriptive powers, it is a compelling account of self-knowledge and coming-of-age. Recovering from a near-fatal illness, a young woman resolves to experience for herself all that life has to offer. Spurning her old saintly ways, she sets out to explore the beauty and energy in everything around her. But as she senses the first stirrings of passion, so too comes tragedy, and with it, the realization that to truly live, she must embrace life in all its brutality. Poet, dramatist, novelist, and one of the most popular and controversial Italian writers of the 20th century, Gabriele D'Annunzio represented the very height of decadence in Italy.
Hesperus Press
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How Education Technology Calmed the Storm for Students Amid Coronavirus Michael Jurgen Garbade
The coronavirus pandemic has taken a direct swipe across several industries such as manufacturing, finance, and healthcare among others. It has also affected the education sector.
Around 1.2 billion students and youth are or were forced to study from home as a result of the virus that has already killed more than 483,000 people globally.
But this is not where the story ends. For some, it’s where it begins. A crisis likes this requires us to question our methods of teaching and learning. Big and small companies are coming up with novel solutions for the education challenges posed by the virus. The future of education is unfolding right before our eyes as digital learning takes center-stage.
Education institutions and stakeholders form partnerships.
Students have to continue learning even if it means using alternative methods. Over the past several months, we have seen governments, private and public companies, publishers, educators, and technology providers forming partnerships to find a temporary solution to the ongoing crisis. China launched a remote program to keep students learning. Primary school students received their educational material on national television.
When governments began locking down their countries, many tech giants such as Facebook, Google, and Twitter encouraged their employees who could work from home to do so. Twitter and Square employees will continue working from home even when the coronavirus is contained.
Working from home was only a temporary solution. However, it has become permanent for some employees. This, in turn, will have domino effects that can potentially extend beyond the tech industry. While the online education sector has been growing even before the start of the virus, we are likely going to see a scenario where more students opt to learn from home. It is still very early to say goodbye to onsite learning. There will always be students who prefer mortar-and-bricks classrooms.
Ed tech companies prepare for an influx of users.
Technology has become a very important factor in the delivery of education. Existing edtech companies know that. The majority of them are preparing to handle an influx in the number of users on their platforms. Education Ecosystem has been scaling content on its platform to give users a variety of practical projects to learn from. Users can complete a variety of practical projects such as using machine learning in stock trading or creating a login system for a game in Unity among others. These vary in nature and they are provided by vetted experts who have many years of experience in their career fields.
Other growing edtech companies are knocking on the doors of venture capital firms to raise funds to sail through these times. New Markets Venture Partners, an edtech VC, has seen an increase in the number of education companies reaching out to them for investments, said the firm’s general partner Jason Palmer. The bottom line is that education companies see an opportunity that extends beyond the coronavirus pandemic.
The future of online education.
Here in Europe and across the globe, education companies have become a lifeline for the millions of students who can’t attend physical classes due to the coronavirus pandemic. The pandemic pushed the world toward an experiment of working or learning from home.
It is no longer just an experiment. It could be the future of education. There is still a long way to go before remote learning becomes the major norm internationally. But this pandemic has shown us what the possibilities are. And with education companies coming on board to save the day, they have set for themselves a future where anything is possible.
By: Michael Jurgen Garbade
Source: Entrepreneur
7 ways the circular economy will grow in 2021
From more reusable packaging to more companies taking back used products to more empowered designers, 2021 will be a key year in the development of new, less wasteful systems.
What will happen in 2021? Here’s what people in 1921 predicted.
As we enter this new year, I thought it would be helpful to see what people from a full century ago envisioned for us. Newspapers of 1921 were full of predictions—some right, and some very wrong.
Mental health in the workplace: The coming revolution
Employees are in need and are demanding better coverage. Here’s how leading companies get mental health coverage right.
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Sant Ocean Hall to Open at Museum of Natural History
by Borderstan.com August 25, 2008 at 7:29 am 1 Comment
A new exhibit opens September 27 at the Smithsonian’s National Museum of Natural History. Found this at a DC blogger’s site, “Authentic Art Visions,” which I’ve added to the DC Blogger list in the right-hand column.
On September 27, the Smithsonian’s National Museum of Natural History opens its new Sant Ocean Hall, the largest exhibition in the museum’s 100-year history. The 23,000-square-foot hall, located in the center of the museum, explores the vast, diverse and constantly changing ocean-from its sunlit surface to its darkest depths, from prehistory to today, and from the smallest microorganisms to the biggest animals ever known.
Read full post.
Museum of Natural History Web site
The Sant Ocean Hall
National Museum of Natural History, Sant Ocean Hall, Smithsonian
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Five myths about Canada’s striking diplomats
You would never know it from the bargaining tactics of the Treasury Board of Canada, but diplomacy matters. In fact, with the short era of a single superpower passing into history, diplomacy arguably matters more than at any time since 1945. The old Westphalian order is being transformed into a multi-stakeholder world, in which countries remain the central organizing units but power is dispersed among states, industry, civil society and individuals. This literally unruly new world will have to be managed co-operatively – that is, diplomatically.
International experience is indispensable to navigating this world and acquiring the depth of judgment to exploit it in Canadians’ interests. Such worldly judgment, cumulative over time and aggregated among its staff, is the major contribution that the Department of Foreign Affairs and International Trade makes to government.
How then to explain Ottawa’s intransigent negotiating tactics with its own diplomats?
The small and therefore relatively weak Professional Association of Foreign Service Officers (PAFSO), the Foreign Service’s government-mandated union, has been without a contract since 2011. Over the years, Foreign Service salaries have fallen behind those of their professional counterparts in government. The salary offer the government has made this round would prolong and actually worsen this disparity, and see Foreign Service officers paid, according to the Board’s own figures, as much as $14,000 a year less than their non-Foreign Service professional counterparts in other departments and indeed in the next cubicles in the Pearson Building. So far the Treasury Board has offered no convincing public rationale for such discrimination, which generates suspicions about the governments’ motives. Perhaps it would help public understanding of the issue if five of the commonest myths were exploded.
Myth One: Diplomats do not pay rent and are given a car when they go abroad.
Fact: There is a formula to calculate what the average public servant pays in rent in Ottawa based on income and family size, and that amount is deducted at source from the compensation of employees posted abroad, whether they are Foreign Service or any other department. Nor are employees given a car. What is true is that the government will pay the cost of shipping the family clunker to or from a post. At some posts, staff are required to be driven to and from work in armoured cars for security reasons, but that hardly constitutes a perk. No Treasury Board spokesmen or analysts have to use such cars to do their jobs.
Myth Two: “Foreign Service workers enjoy generous benefits worth tens of thousands of dollars per individual,” according to the spokesman for Treasury Board President Tony Clement. Fact: These not-so-generous benefits are intended to compensate for the usually very much higher costs (e.g., rent, food, clothing, services, gasoline, dependants’ education) of living abroad. Ottawa, which is used as the base for calculating benefits, does not rank in the top 100 most expensive capitals in the world according to Mercer's 2012 Cost of Living Survey and UBS. Without these allowances, only independently wealthy officers could afford to accept most assignments abroad. Further, these allowances are available to all employees serving assignments abroad at the Government of Canada’s direction, not just members of the Foreign Service.
The benefits respond, inadequately, to the disadvantages of service abroad. Facing numerous obstacles – foreign languages, lagging local economic development, cultural differences, a prohibition by some host governments against seeking gainful employment – spouses of Canadian public servants working abroad frequently cannot find jobs let alone pursue professions. They thus sacrifice career opportunities and professional development while abroad, and their families regress to single income status. Further, unemployed spouses have little to contribute to RRSPs, and on retirement draw significantly diminished Canada Pension Plan payments for the rest of their lives.
Myth Three: The Foreign Service is a well-paid and highly sought-after posting – also a favourite Treasury Board talking point. Fact: Diplomatic pay lags, competitions for promotion are not held for years at a time, morale is bad and attrition is growing. Service abroad does bring Foreign Service officers to interesting locations and not every posting entails running the risks of the violence in Afghanistan, Haiti, Sudan, Venezuela or Pakistan, but many involve constant low- to medium-level safety and security threats. Simply taking the wrong taxi can lead to robbery, assault or kidnapping. Being on posting during a catastrophic earthquake or flood can mean having to send dependents back to Canada while the officer remains on duty. Further, Foreign Service families run health risks they would never encounter in Canada.
There are other less prejudicial but still real challenges. Anyone who moves a youngster from place to place within Canada knows how unsettling pulling up stakes and leaving friends and schools behind can be. Foreign Service children have to adapt to new schools (and language, and cultures) every two, three or four years. If your child needs extra help at school, good luck in finding a qualified, English- or French-speaking tutor. Some children thrive in the face of these challenges, but many do not. Another major problem is separation from extended families and remoteness from aged or infirm parents.
Myth Four: Diplomats spend their days organizing diversions and their evenings munching hors d’oeuvres and sipping champagne. Fact: There is nothing nine-to-five about diplomacy, as the Treasury Board ought to be able to see from the impact of PAFSO’s work-to-rule campaign on government operations abroad. Our diplomats spend their time expanding foreign contacts, cultivating leaders whose decisions can impact Canadian interests (e.g. free-trade agreement negotiations, maintaining international peace and stability), comprehending local realities, communicating Canadian views to local movers and shakers, promoting human and political rights, recommending policy options to Ottawa, implementing government decisions, issuing visas to tourists and immigrants and helping Canadians abroad. You can’t do a Foreign Service job by sitting at your desk from 9 to 5. To be effective for Canada, you have to attend and host networking events on evenings and weekends.
Myth Five: Bigger raises are unaffordable. Fact: PAFSO puts the cost of its salary proposal at less than 2.5 per cent of the total Foreign Service budget, which is only a modest part of a departmental budget that itself amounts to a rounding error in the total federal budget. The 1350 PAFSO members account for about one half of one per cent of all federal employees. Everyone has a duty to sacrifice in difficult financial times, but the Foreign Service is understandably reluctant to be double dipped and also used as a pawn by the Treasury Board in the upcoming round of negotiations with larger unions who have different issues to settle.
That so many highly qualified, widely experienced people carry on in the face of ongoing discouragement and disrespect is a reflection of the strong commitment to Canada and serving Canadians that prevails in the Foreign Service and across the Public Service generally. Instead of exploiting such sentiment, the Treasury Board should reward it with fair compensation.
Paul Heinbecker, Canada’s last Ambassador to serve on the United Nations Security Council, is a former chief foreign policy advisor to Prime Minister Brian Mulroney. He is currently with Laurier University and The Centre for International Governance Innovation in Waterloo.
Such worldly judgment, cumulative over time and aggregated among its staff, is the major contribution that the Department of Foreign Affairs and International Trade makes to government. How then to explain Ottawa’s intransigent negotiating tactics with i
The opinions expressed in this article/multimedia are those of the author(s) and do not necessarily reflect the views of CIGI or its Board of Directors.
With a distinguished career in Canadian diplomacy — including posts as ambassador to Germany, permanent representative to the United Nations (UN) and adviser to various prime ministers, Paul Heinbecker is one of Canada’s most experienced commentators on foreign policy and international governance. Paul is also the director of the Centre for Global Relations at Wilfrid Laurier University.
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Spain: Judge orders incapacitated woman to get virus vaccine
by: JOSEPH WILSON and MARIA CHENG, Associated Press
Posted: Jan 13, 2021 / 11:51 AM CST / Updated: Jan 13, 2021 / 01:19 PM CST
A nurse administers the Pfizer-BioNTech COVID-19 vaccine to a resident at DomusVi nursing home in Leganes, Spain, Wednesday, Jan. 13, 2021. Spain’s rate of infection has shot up to 435 cases per 100,000 residents in the past two weeks, prompting new restrictions as authorities try to bring vaccination up to speed. (AP Photo/Manu Fernandez)
BARCELONA, Spain (AP) — A judge in northwest Spain has overruled a family’s objections and decided to allow health authorities to administer a coronavirus vaccine to an incapacitated woman in a nursing home.
The case appears to be the first known instance of a court in Europe requiring someone to get a COVID-19 vaccine. The Spanish government repeatedly has stressed that shots would be voluntary, as have authorities in other European countries.
In a ruling seen by The Associated Press on Wednesday, the judge for the court in the autonomous northwest community of Galicia recently ruled in favor of a request by a nursing home to override the refusal of the elderly resident’s family and to proceed with giving her the vaccine.
The resident was deemed by the medical staff at the nursing home to have suffered a cognitive loss to the extent that she “was incapacitated to provide valid consent,” according to the ruling.
Judge Javier Fraga Mandián said the court had the legal obligation to intervene in order to protect the woman’s health. He said his decision was not based on the welfare of other residents, but that the “existence of tens of thousands of deaths” from the virus in Spain provided what he saw as irrefutable evidence that not taking the vaccine was riskier than any possible side effects.
The company that runs the nursing home, DomusVi, told the AP through its public relations agency that out of all the homes it manages throughout Spain, this was the only case of a family not wanting to vaccinate a resident who had been deemed incapable of making personal health decisions.
DomusVi said that 98% of the 15,000 residents in its nursing homes in the country agreed to receive the vaccine. It said the remaining 2% refused to get vaccinated but unlike the woman are considered fit to make their own health decisions.
DomusVi said it sought the court’s intervention in the interest of the health of all the workers and residents at the nursing home residents and workers at the Galicia facility.
Spain has administered over 581,000 doses of the Pfizer-BioNTech vaccine since it was authorized by the European Union in late December. Spain is also set to roll out its first batches of the Moderna vaccine.
Health Minister Salvador Illa said Thursday that Spain is seeing “a very low rejection of the vaccine, almost anecdotal.”
Nursing homes in Spain and across Europe have been devastated by the coronavirus, which spreads quickly among the elderly and individuals weakened by preexisting medical conditions. Over 25,000 people with COVID-19 are estimated to have died in Spanish nursing homes since the start of the pandemic.
Other court cases over the non-voluntary administering of vaccines may be on the horizon.
In southern Spain, a state prosecutor said recently that any family members acting as legal guardians for incapacitated nursing home residents could lose their guardianship if they refused to give permission for their relatives to be vaccinated.
The Italian government approved decree las week to explicitly authorize hospital chiefs and individual doctors to express inoculation consent on behalf of patients who cannot do so themselves, including nursing home residents who are incapacitated and without a guardian to give consent for them.
The procedure requires doctors to submit written documentation to a judge, who has 48 hours to approve or deny the request.
Although nearly a dozen European countries have mandatory vaccination laws for diseases including polio, measles and diphtheria. The laws are seldom enforced by the courts, although a Belgian court in 2008 fined and sentenced two sets of parents to five months in prison for failing to vaccinate their children against polio.
Unlike the COVID-19 vaccines, which are still technically considered experimental, the vaccines required by law in Europe are established vaccines that have been used for decades.
The World Health Organization has previously said it does not recommend making vaccination against the coronavirus compulsory, fearing that could undermine public confidence in the available vaccines.
At a press conference last month, Dr. Kate O’Brien, who heads WHO’s vaccines department, said she thought it would be better if countries created “a positive environment” for immunization as opposed to mandates. But O’Brien acknowledged that it might make sense in some high-risk environments, such as hospitals, to require staff members and patients to receive vaccines.
Some ethicists said the court’s decision to mandate the woman’s vaccination was likely justified by her high risk for COVID-19, given that she lives in an elderly care home.
“The court has to look at the balance of probabilities, and if the woman is elderly, she has a far higher risk of dying from COVID than from a low-probability adverse event,” said Julian Savulescu, director of the Oxford Uehiro Centre for Practical Ethics at the University of Oxford.
He said that even in countries that don’t have mandatory vaccination laws, the state is obliged to protect people when those making decisions on their behalf may not be acting in their best interests.
“If you don’t vaccinate this woman and she dies of COVID, then people will be saying, ‘Why didn’t you protect her?'” Savulescu said.
Maria Cheng reported from Toronto. Nicole Winfield from Rome and Aritz Parra from Madrid contributed to this story.
Follow AP’s pandemic coverage at https://apnews.com/hub/coronavirus-pandemic, https://apnews.com/hub/coronavirus-vaccine and https://apnews.com/UnderstandingtheOutbreak
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Concise News
Louise’s Column
ISA rules and Inheritance Tax
By Louise Worden13th July 2018Louise's Column
Families set to pay millions in unnecessary tax
There’s a fundamental lack of awareness and understanding around Inheritance Tax, especially when it comes to how Individual Savings Accounts (ISAs) are treated after death. Given that some people have been able to amass over a million pounds in their ISAs, it’s an area where lack of knowledge could prove costly.
Over half (51%) of over-45s do not know that ISAs are liable for Inheritance Tax, leaving families across the UK set to pay millions in unnecessary taxes according to findings from an annual Inheritance Tax monitor survey[1].
Gifted to a partner
On death, as ISAs can only be gifted to a spouse or civil partner and not children without incurring tax, the Government will ultimately be a major beneficiary of money currently residing in Cash ISAs and Stocks & Shares ISAs. In the last Budget, HM Treasury predicted it would raise £5.3 billion in the 2017/18 tax year in Inheritance Tax, which will eventually increase to £6.5 billion by 2022 to 2023.
The research also revealed over three quarters (77%) think the UK’s Inheritance Tax rules are too complicated. Yet despite this, only a third (33%) have sought professional financial advice on Inheritance Tax planning. Of those who did seek advice, over two fifths (42%) spoke to a professional financial adviser.
Rules regarding inheritance
Some people could inherit less than they expected because they aren’t aware or make assumptions about the rules regarding inheritance. In particular, the rules governing the gifting of ISAs and valuable estates mean that many may be faced with a higher than expected Inheritance Tax bill.
ISAs remain the ‘go to’ financial product for many people as they look to build up a nest egg in a tax-efficient way during their lifetime. But with such a large number of older people investing into them, there is a worrying lack of awareness that ISAs are subject to a 40% Inheritance Tax charge. ISAs are a great tax-efficient investment in your lifetime, but more people need to be thinking about how to pass on their hard-earned money to their loved ones when they die.
Source data:
[1] Survey of 1,001 UK consumers aged 45 or over with total assets exceeding the individual Inheritance Tax threshold (nil-rate band) of £325,000. Carried out in October 2017.
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Hydrocarbon threat to Peru’s Amazon
Proliferation of oil and gas exploration threatens the Peruvian rainforest
A new wave of oil and gas exploration is underway in Peru following an extraordinary period of letting hydrocarbon concessions by that country’s government. Almost 50% of the Peruvian Amazon has been allocated to oil and gas concessions. Over 17% of these overlap with legally protected forest areas and over half of them intrude into indigenous people’s land with fully recognised land titles.
One of the most controversial examples involves the Anglo-French oil company, Perenco, which plans to extract oil from an area known as Lot 67 in the remote Amazon rainforest, pumping 60,000 barrels of crude oil a day for around 20 years. Not only is this expected to impact on one of the most biodiverse rainforest areas in the world, but this forest area is home to uncontacted (or “autonomous”) indigenous people.
Although offering assistance with healthcare, education and nutrition to the nearest settlements, the company claims that there is no evidence for autonomous Indians living in the project area. Not only has this claim been disputed by indigenous organisations and major NGOs, the report on which it was based has been severely criticised in respected international press articles.
To extract the oil, Perenco need to lay 200kms of pipline through rainforest that the WWF says contains ‘some of the richest plant and animal communities in the world,’ including the Pucacuro Reserve, an area under State protection since 2005 and is described by Peru’s National Natural Protected Areas Service (SERNANP) as ‘one of the most important areas for biodiversity.
In another corner of the Peruvian Amazon, the Camisea gas project has revealed plans to expand deeper into indigenous territory in an area known to be home to autonomous indigenous groups.
More than 100,000 kms of seismic lines and 679 exploratory and production wells have been implemented in Peru in the last 40 years or so. It is the new wave, however, which is of great concern to environmentalists and indigenous leaders. In the last two years, up to 72% of the Peruvian Amazon has been zoned for hydrocarbon activities.
Sources: Environmental Research Letters, Huffington Post and Survival International
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About Como
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Home | About Como | History & Tradition
Como Secondary College began as Como High School. The school was built in 1968 on a 30-acre site at the western end of the Collier Pine Plantation at a time of rapid expansion in the state.
The school was officially opened in 1969 with fifteen staff members and 259 Year 8 students. In October 1971, it was announced that the school would take upper school students the following year. As a result, the first of several name changes occurred with the school becoming Como Senior High School.
Two unique aspects of the school have been its Specialist Programs and international student program. Through these very successful initiatives, Como has provided an excellent education for students from all parts of the globe and from all over Western Australia.
Como was one of the first government schools in Western Australia to enrol students from overseas and continues to be a favoured destination. Similarly, our Hockey, Golf, Contemporary Jazz and Enriched Mathematics, Information Technology and Mathematics (EMITS) programs are the leading the field in Western Australia.
The traditions that have been built up at Como over the past 50 years have been designed to strengthen the inclusive and friendly feel of the school. Our traditions provide opportunities for students to celebrate their personal best. We recognize that adolescence involves significant rites of passage. Our traditions support the students’ growing independence while providing a framework that develops good decision-making based on a solid set of values.
Como graduates have gone on to contribute to every facet of life in Western Australia and overseas. As a government school we are proud to have provided an education for all within a caring and supportive environment. Como has been the stepping stone to a productive life for thousands of students.
The Meaning of the Logo
The Como Logo is called Maarli, the Noongar word for a swan. The flowing design represents the educational journey our students are on, but it also represents the school’s location at the confluence of the Swan and Canning Rivers. The design spells out the College’s initials and pays homage to the first school emblem, which included swans in its design. A statue based on the logo was erected by the CSC Parents and Citizens Association in October 2019 to commemorate the school’s 50th Anniversary.
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HomeUnique Features
Sentence Structure Assessment Technology
Promulgation of Plagiarism
Plagiarism has been in play since the genesis of formalized education, thus the probability exists that there always will remain students or individuals who plagiarize. With the inception of the Internet, the promulgation of this form of cheating has exploded and has made it imperative for teachers and other facilitators to combat it effectively. Understanding what plagiarism is, how to prevent it, and devising innovative technologies to detect it can help address this problem.
It must also be asserted that, no single software tool or technological-innovation will help deter this problem completely. Educationists, as well as
ethicists need to educate students and individuals on the amoral aspects of plagiarism. Having said this, one should exercise caution when suspecting or accusing anyone of plagiarism, innocent mistakes, as well as genuine incidents of similar use may easily exist. Therefore, what should be investigated is repetitive behavior and patterns of deliberate deception.
Conventional methods of plagiarism detection
Even though many instructors are aware of the problems of plagiarism, they feel powerless or are simply unwilling to address it. TechWeb News published an article from a Stanford University professor who admitted that instructors are aware of students plagiarizing their work but are unwilling to investigate the matter, according to him; few are willing to search through the vast expanse of the internet to hunt down suspect work.
To address this problem various tools were developed during the late 90’s. Software, such as “Plagiarism-Finder” (M4-Software), “EVE2” (Canexus), “YAP” (University of Sydney), “SCAM” (Stanford University) are the more prominent ones. The main drawback of these programs is that they rely excessively on search engines to find suspect writing. A technique which is inherently flawed, since most search engines only account for just 16% of the billions of websites making up the internet today. Another facet which exploits this approach is the use of password-protected websites, the software cannot access such sites and thus the plagiarized work remains largely undetected.
To counter this, universities started developing and populating their own databases of copyrighted and published papers against which the programs were modified to work. This too proved insufficient since cheating software has concurrently evolved, mainly taking the form of ‘automatic paraphrasing’, whereby thesauruses are utilized to change words and sentence structures to avoid detection by conventional softwares which rely on string-matching to catch suspect sentences. To address this, a more robust and comprehensive approach was needed.
New technique to combat plagiarism
CheckForPlagiarism.net was developed in 2004 and is a result of a dedicated team of professors, programmers, teachers and students who came together to design and codify a product which will help combat plagiarism while maintaining students', individuals' and professionals' intellectual property and privacy. They started working on a new technology, “Sentence Structure Assessment”, implemented at CheckForPlagiarism.net. Now in it’s eighth year of development, the technology works on innovative and powerful algorithms which create a "digital snapshot" of each paper. It operates in a series of steps:
The software initially marks and identifies the sentence and paragraph structure in the submitted document.
This structure is cross-referenced against a database of billions of publications collected from major universities, academic and professional databases and paper-mills, worldwide.
The snapshot is simultaneously sent to crawlers who scour the World Wide Web for possible matches.
Finally, the gathered results (sources and color-matched content) is compiled in an easy to read plagiarism report.
The copyrighted sentence structure assessment technology was developed to combat the most creative attempts of plagiarism. Its strength lies in its ability to rank papers on not just string matching or sentence structure but also on a percentage of synonyms used against a suspect source. The technology service employs its own thesauruses on submitted papers and matches them against published material or sources in its own vast database and the internet.
To exhibit and understand the methodology of sentence structure mapping and assessment, consider the following hypothetical case (sourced from Google and Wikipedia). The first paper, (Paper 1), is an excerpt of an internet derived document, the chapter-3 introductory paragraph from Oscar Wilde's, The Picture of Dorian Gray. The second, (Paper 2), is a test document, using added text, being tested for plagiarism. While the third (Paper 3) is the same paragraph with extensive synonyms used. The modified and added content in Paper 2 and Paper 3 are highlighted in different shades of red.
Paper 1 (original)
At half-past twelve next day Lord Henry Wotton strolled from Curzon street over to the Albany to call on his uncle, Lord Fermor, a genial if somewhat rough-mannered old bachelor, whom the outside world called selfish because it derived no particular benefit from him, but who was considered generous by Society as he fed the people who amused him. His father had been our ambassador at Madrid when Isabella was young, and Prim unthought of, but had retired from the Diplomatic Service in a capricious moment of annoyance on not being offered the Embassy at Paris, a post to which he considered that he was fully entitled by reason of his birth, his indolence, the good English of his despatches, and his inordinate passion for pleasure.
Paper 2 (added text)
Oscar Wilde's, The Picture of Dorian Gray is the only published novel by Oscar Wilde, appearing as the lead story in Lippincott's Monthly Magazine on 20 June 1890, printed as the July 1890 issue of this magazine. An excerpt from the book, at the beginning of Chapter 3. Wilde later revised this edition, making several alterations, and adding new chapters; the amended version was published by Ward, Lock, and Company in April 1891. At half-past twelve next day Lord Henry Wotton strolled from Curzon street over to the Albany to call on his uncle, Lord Fermor, a genial if somewhat rough-mannered old bachelor, whom the outside world called selfish because it derived no particular benefit from him, but who was considered generous by Society as he fed the people who amused him. The novel tells of a young man named Dorian Gray, the subject of a painting by artist Basil Hallward. Basil is impressed by Dorian's beauty and becomes infatuated with him, believing his beauty is responsible for a new mode in his art. Dorian meets Lord Henry Wotton, a friend of Basil's, and becomes enthralled by Lord Henry's world view. His father had been our ambassador at Madrid when Isabella was young, and Prim unthought of, but had retired from the Diplomatic Service in a capricious moment of annoyance on not being offered the Embassy at Paris, a post to which he considered that he was fully entitled by reason of his birth, his indolence, the good English of his despatches, and his inordinate passion for pleasure. Dorian's wish is fulfilled, plunging him into debauched acts. The portrait serves as a reminder of the effect each act has upon his soul, with each sin displayed as a disfigurement of his form, or through a sign of aging.
Paper 3 (paraphrased / modified text)
At half noon next day Lord Henry Wotton walked from Curzon street over to the Albany to visit his uncle, Lord Fermor, an amiable if somewhat cranky old bachelor, whom society called self-centered because it derived no specific benefit from him, but who was considered generous by the world as he fed the people who pleased him. His father had been our diplomat at Madrid when Isabella was youthful and puritanical unthought of, but had retired from the Diplomatic Service in a whimsical moment of annoyance on not being offered the Embassy at Paris, a position to which he considered that he deserved by reason of his birth, his indolence, the good English of his despatches, and his excessive passion for pleasure.
Both instances (Papers 2 and 3) of plagiarism were successfully caught through document fingerprinting techniques while the other software, making use of conventional detection techniques, were fooled. It is important to remember there is no definitive or guaranteed software or technique of detection out there which is absolutely fool-proof, but new creative innovations, driven by an intense concern due to plagiarism are making it harder for plagiarists to get away with cheating.
Academic institutions and research houses around the globe have started implementing this new technique of detecting and rooting out plagiarism. Students and writers no longer submit their work directly to the instructor or publisher; instead, they submit it to these fingerprinting engines. The software in turn generates a report of its findings and makes it available to the instructor or other concerned authority.
The software works in an efficient new way (as mentioned above). Universities and academic institutions first have to license it, and then implement it. Next, instructors can submit documents online, while students are then required to submit using this software, by uploading it to the website. The software runs its unique algorithm on it, checks it from its vast database, as well as through the internet and makes the results available to the instructor with a comprehensive color-coded plagiarism report of the submitted document. This alteration over conventional document submission norm helps save time, as well as arming the instructor with irrefutable proof of any plagiarism detected.
Avoid getting penalized: Effective Plagiarism Checking Solutions
CheckForPlagiarism.net provides a unique opportunity for you to check your submitted documents' through our patented plagiarism checking engine, identifying all instances of either intentional (deliberate) or unintentional (non-deliberate) attempts at plagiarism. Our service is unique, simply because, unlike our competitors or free plagiarism checking services we check all submitted documents' through a host of repositories, including Internet-based (online) resources (e.g. blogs, websites, live and cached Internet links, message boards, PDFs etc.) and paper-based (offline) resources (e.g. books, articles, academic and professional journals, magazines etc.).
If the submitted document is cited incorrectly, or not cited at all, our software can still detect the sources used and identify them in the plagiarism report. This provides an opportunity for the submitter to correct his/her document before finalizing it.
Furthermore, our patented sentence structure & synonym plagiarism detection approach identifies and eliminates the threat of penalties which may be caused due to incorrect paraphrasing.
Our plagiarism report is extremely easy to read. Highlighting all 'offending' content in a submitted document for easy corrections. We are so confident in the ability of our service, that we offer a full money-back guarantee.
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Paajarvi loaned to Wolves
Home | News | Paajarvi loaned to Wolves
The Chicago Wolves announced Tuesday that left wing Magnus Paajarvi has been loaned to the team.
PAAJARVI has contributed one assist in 10 games with St. Louis (NHL) this season. This will be his first American Hockey League stint since 2012-13, when he suited up for Oklahoma City for 38 games.
The 23-year-old winger turned pro in 2010-11 and has since accumulated 71 points (32G, 39A) in 228 career NHL games with Edmonton (2010-13) and St. Louis (2013-present). He added 45 points (11G, 34A) in 72 AHL tilts, all with the Barons (2011-13). He added 11 points (2G, 9A) in 14 Calder Cup Playoff games in 2012.
PAAJARVI was drafted with Edmonton’s first selection, 10th overall, in the 2009 NHL Entry Draft. He replaces fellow winger Ben Eager (23rd overall in 2002) as the highest drafted player on the Wolves roster and is the first top 10 pick to join the team since Nolan Baumgartner (10th overall in 1994) in 2011-12.
Prior to turning pro, the Norrkoping, Sweden, native spent three seasons (2007-10) with Timra IK in the Swedish Elite League. There he compiled 49 points (20G, 29A) in 134 games and another two (G, A) in 23 postseason tilts.
The Wolves face off against Midwest Division rival Grand Rapids at 7 p.m. today as they close out 2014 at Allstate Arena. They enjoy two more home tilts this week as they host Hamilton at 7 p.m. Friday and Rockford in an Illinois Lottery Cup matchup at 7 p.m. Saturday. To get the best deals on tickets, call 1-800-THE-WOLVES or visit ChicagoWolves.com.
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New 'Bachelor' series aims to recreate 'A Star is Born' chemistry, Chris Harrison says
David OliverUSA TODAY
Can a new "Bachelor" series take us far from the shallow (now)?
Bachelor Nation, we know you're (hopefully) quarantining because of the coronavirus pandemic – and some of you may have been since just after the "Bachelor" finale last month. But we've got good news for you: The franchise's latest spinoff "Listen to Your Heart" premieres Monday, April 13.
The series features 20 single men and women who will go on a journey to find love through music.
Think of it as "The Bachelor" meets "A Star is Born," host Chris Harrison teases. "Bachelor" creator Mike Fleiss came up with the concept after watching Bradley Cooper and Lady Gaga's chemistry during the 2019 Oscars.
Of Cooper and Gaga, "Everyone thought, 'Oh my gosh, are they gonna have sex on the stage?' " Harrison told USA TODAY over the phone from Los Angeles, where he's been quarantining with his girlfriend entertainment reporter Lauren Zima and his kids.
Eligible bachelors and bachelorettes will live together and go on "Bachelor"-type, musically-focused dates.
Can the same love and musical chemistry be recreated in a "Bachelor" kind of way?
Here's what he had to say about the new show, why it's (ironically) perfect to watch during a pandemic and some lingering thoughts on how "The Bachelor" ended last season.
What is 'Bachelor: Listen to Your Heart?'
"Bachelor" franchise fans can expect the format to look somewhat like "Bachelor in Paradise," where former "Bachelor" and "Bachelorette" contestants try and form bonds in a tropical paradise.
"It's about forming a true partnership offstage first," Harrison says. "We've always learned at 'The Bachelor' that's always the bedrock of our show but also everything that comes out of it."
Women and men will alternate handing out roses in rose ceremonies at first, and then the show will start leaning into musical performances featuring celebrity judges. They will in turn decide who goes home after their performances. "Bachelor" couples will also be a part of that judges panel, since chemistry and musicality are both critical.
"It feels fresh and it feels new but at the same time it does have that familiarity which is great," Harrison says.
During performances, you have to be talented but also have believable chemistry. "Do you believe that chemistry on stage? Do you believe this couple is falling in love or already in love?" Harrison says.
Why is 'Listen to Your Heart' a good show to watch in quarantine?
People lack a sense of community right now, something Bachelor Nation knows all too well.
"Ironically 'The Bachelor' and 'Bachelorette' have always provided that," Harrison says. "We've created this community that people feel like they're really a part of and 'Listen to Your Heart' is gonna be an extension of that … It's something you can feel a part of."
"The timing sadly couldn't be better," he adds.
The show was shot and produced before the coronavirus onset; no live component was planned.
As for the status of the rest of the next season of "The Bachelorette," which was slated for May 18? That remains on hold. Harrison has been in touch with the next "Bachelorette" star Clare Crawley, who is quarantining alone.
Final thoughts on 'The Bachelor'
As Harrison points out, Peter Weber's journey for love hasn't totally ended. "He's in Chicago quarantining with Kelley from the show," Harrison reminds us. "I guess maybe his love story's not over quite yet."
As for the end of Weber's season, which resulted in a failed engagement and a horrible family feud on live TV? Harrison didn't expect it to go that way.
"I felt a little guilty and a little responsible for it," he says. He didn't mean for Peter's mother, Barbara, to take that moment away from her son and criticize both him and Madison on national television.
Could there someday be a Zoom season of the "Bachelor?" While technically Harrison thinks it could happen, he hopes it never does. He wishes we can get back to a semblance of normalcy, though notes the future of dating could be different.
"I think dating's going to change," he says. "I think we're all gonna be different when we go out now in public."
But "The Bachelor" could withstand the changes.
"'The Bachelor' has always been a great show that embraces what's happening in the world and embraces pop culture." Imagine new "Bachelorette" Crawley dating these guys and discussing what they were up to during quarantine and with whom they were quarantining, for example.
Until then, viewers can enjoy love stories (and inevitable drama) more reminiscent of a pre-pandemic world on "Listen to Your Heart."
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Man Claims Cops Ran Him Over for No Reason
April 19, 2016 CAMERON LANGFORD
HOUSTON (CN) — Houston police ran over a man who was trying to surrender, breaking his pelvis, then beat and hogtied him as he writhed in pain, the now-disabled man claims in court.
Joseph Roberts Jr. says in his lawsuit that he got caught in the wrong place at the wrong time: The passenger seat of his friend’s car on April 16, 2014, when his friend took the flashing police lights behind him as a challenge.
“The driver of the vehicle, despite the pleas of the plaintiff, refused to stop, evaded the [Houston Police Department] officers, and ultimately ended up crashing into a drainage ditch in a residential neighborhood,” the April 15 complaint states. “The driver of the vehicle exited the vehicle, ran from the scene, and was quickly apprehended.”
Roberts says he got out of the car with his hands up and instinct took over. He jumped forward to avoid a Houston Police Department (HPD) cruiser speeding toward him.
“As he avoided this vehicle, a second patrol car slammed into him, causing plaintiff to be pulled under the vehicle. The driver of the second patrol car, defendant J.P. Rodgers, then placed the vehicle in reverse and drove back over the plaintiff,” the 10-page lawsuit states.
Roberts suffered a broken pelvis, road rash and a hematoma in his groin ruptured, he claims. A hematoma is a blood-filled growth.
He says the officers should have called an ambulance since he committed no crime and tried to cooperate with them, but they treated him like a dangerous fugitive.
“Despite being completely incapacitated and writhing in agony, plaintiff was beaten, hogtied, handcuffed and thrown in the back of one of the patrol cars by one or more of the HPD Officers,” according to the complaint.
Roberts sued Houston and four of its officers in Southern Texas Federal Court, seeking punitive damages for alleged civil rights violations including excessive force, deliberate indifference and municipal liability. He also sued for assault and battery under Texas law.
In addition, he invoked the Texas Tort Claims Act, under which a city can be found liable for its employee’s negligent driving.
Roberts, whose injuries forced him to start using a walker, also wants the city to pay his medical bills and lost wages.
He says the officers took him to Ben Taub Hospital, a Harris County-run facility that cares for poor patients, then removed him moments later and took him to Memorial Hermann Hospital, where they checked him in under a false name.
“Plaintiff was not arrested, nor was any attempt made by the police officers to locate and inform his next of kin of where he was, or in what condition he was in. Plaintiff was finally able to contact his family to inform them of where he was and the severity of his condition,” the complaint states.
Memorial Hermann “forcibly discharged” Roberts a week later, he alleges.
As far as he knows, Roberts says, HPD didn’t discipline any of the officers involved in response to his complaint to its internal affairs division.
He says HPD officers habitually use excessive force against inmates in the city’s jails and suspects in the field, citing cases from 2008, 2009 and 2010.
A city spokeswoman declined comment.
Roberts is represented by Kevin Madden in Houston.
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Click here to download or order a free copy of the brochure "What Is a School Psychologist?". (NASP members can log in to access NASP's Powerpoint presentation on "School Psychology: A Career That Makes a Difference.")
School psychologists help children and youth succeed academically, socially, and emotionally. They collaborate with educators, parents, and other professionals to create safe, healthy, and supportive learning environments for all students that strengthen connections between home and school.
School psychologists are highly trained in both psychology and education. They must complete a minimum of a Specialist-level degree program (60 graduate semester credits) that includes a 1200-hour internship and emphasizes preparation in the following: data-based decision making, consultation and collaboration, effective instruction, child development, student diversity and development, school organization, prevention, intervention, mental health, learning styles, behavior, research, and program evaluation.
School psychologists must be certified and/or licensed by the state in which they work. They also may be nationally certified by the National School Psychology Certification Board (NSPCB).
What School Psychologists Do
School psychologists work to find the best solution for each student and situation; they use different strategies to address student needs and to improve school and district-wide support systems.
School psychologists work with students individually and in groups. They also develop programs to train teachers and parents about effective teaching and learning strategies, techniques to manage behavior at home and in the classroom, working with students with disabilities or with special talents, addressing abuse of drugs and other substances, and preventing and managing crises.
In addition, most school psychologists provide the following services.
Collaborate with teachers, parents, and administrators to find effective solutions to learning and behavior problems.
Help others understand child development and how it affects learning and behavior.
Strengthen working relationships between teachers, parents, and service providers in the community.
Evaluate eligibility for special services.
Assess academic skills and aptitude for learning.
Determine social-emotional development and mental health status.
Evaluate learning environments.
Provide psychological counseling to help resolve interpersonal or family problems that interfere with school performance.
Work directly with children and their families to help resolve problems in adjustment and learning.
Provide training in social skills and anger management.
Help families and schools manage crises such as death, illness, or community trauma.
Design programs for children at risk of failing at school.
Promote tolerance, understanding, and appreciation of diversity within the school community.
Develop programs to make schools safer and more effective learning environments.
Collaborate with school staff and community agencies to provide services directed at improving psychological and physical health.
Develop partnerships with parents and teachers to promote healthy school environments.
Evaluate the effectiveness of academic and behavior management programs.
Identify and implement programs and strategies to improve schools.
Use evidence-based research to develop and/or recommend effective interventions.
Where School Psychologists Work
The majority of school psychologists work in schools. However, they can practice in a variety of settings including:
Public and private school systems
Community and state agencies, and other institutions
Growing Up Is Not Easy
All children and adolescents face problems from time to time. They may:
Feel afraid to go to school
Have difficulty organizing their time efficiently
Lack effective study skills
Fall behind in their school work
Lack self-discipline
Worry about family matters such as divorce and death
Feel depressed or anxious
Experiment with drugs and alcohol
Think about suicide
Worry about their sexuality
Face difficult situations, such as applying to college, getting a job, or quitting school
Question their aptitudes and abilities
School psychologists help children, parents, teachers, and members of the community understand and resolve these concerns. The following situations demonstrate how school psychologists may typically approach problems.
The teacher noticed that Carla, an able student, had stopped participating in class discussions and had difficulty paying attention. The school psychologist was asked to explore why Carla’s behavior had changed so much. After discovering that Carla’s parents were divorcing, the school psychologist provided counseling for Carla and gave her parents suggestions for this difficult time. Carla’s behavior and self-esteem improved, and she felt more secure about her relationship with her parents.
School psychologists can be trusted to help with delicate personal and family situations that interfere with schooling.
Tommy’s parents were concerned about his difficulty in reading. They feared that he would fall behind and lose confidence in himself. In school the teacher noticed that Tommy understood what was presented in verbal form, but that he needed the help of his classmates to do written work. After observing Tommy and gathering information about his reading and writing skills, the school psychologist collaborated with his parents and teachers to develop a plan to improve his reading and writing. The plan worked, and both Tommy’s reading and his self-esteem improved.
School psychologists can help prevent future problems when they intervene with learning problems early on.
A Potential Dropout
David was a high school student who often skipped class. He had very poor behavior and had been suspended from school on various occasions for fighting. After establishing a relationship with David, the school psychologist taught him simple techniques to relax and to control his aggressive behavior. David’s mother and his teacher worked together on a plan designed by the school psychologist to establish limits and to improve communication.
School psychologists recognize that changes in the school environment and at home can improve the quality of life for children and their families.
The National Association of School Psychologists:
Suite 402, 4340 East West Highway,
Bethesda, MD 20814;
www.nasponline.org
NASP represents and supports school psychology through leadership to enhance the mental health and educational competence of all children.
This handout was developed by Arlene Silva, University of Maryland school psychology graduate student intern at the NASP office (summer 2003), with contributions from NASP staff and leadership.
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CLIR Issues Number 68
Home / 2009 / March / CLIR Issues Number 68
Number 68 • March/April 2009
ISSN 1944-7639 (online version)
Continuing the Digital Library Federation Program
in CLIR: A Conversation with Wendy Lougee and Chuck Henry
Report Examines Copyright Issues for Pre-1972 Unpublished Sound
Report Explores Research Topics at Intersection of Humanities and Computer Science
Mellon Grants CLIR $4.3 Million for Year Two of Hidden Collections Program
Johns Hopkins Launches Pilot Program for Postdoctoral Fellows in Conservation Science
A New European Initiative for Open Access
CLIR Names 2009 Rovelstad Scholarship Recipient
2009 Mellon Dissertation Fellows Named
NEH Preservation and Access Division Accepting Applications for Research and Development Grants
Continuing the Digital Library Federation Program in CLIR:
A Conversation with Wendy Lougee and Chuck Henry
ON APRIL 14, the CLIR Board voted to merge the Digital Library Federation (DLF) into CLIR as a program of the Council, starting July 1, 2009. DLF, which was founded in 1995 as a project of CLIR, has been an independent organization since 2005.
The CLIR Board vote followed recommendations by a DLF review committee in March 2009 to merge the two organizations, and a unanimous vote of consent by the DLF Board on April 8.
Here, DLF President Wendy Lougee and CLIR President Chuck Henry answer questions about the merger.
What prompted the decision to merge DLF back into CLIR?
The DLF review committee’s recommendation was based on several factors. First was the change in the digital landscape. When DLF was formed, digital library development was in its infancy. There was a critical need to develop a shared understanding of challenges relating to digital activity and to educate and focus the library professional community on them. Much of DLF’s early activity related to promoting standards and interoperability among projects, while the Forum nurtured cohorts of talented librarians and technologists. Today, the issues are broader and involve many more stakeholders. A second factor underlying the recommendation was DLF’s size: as a small organization with growing ambitions, DLF needed more capacity. Finally, the growing economic crisis fueled interest in finding greater efficiency.
What do the two organizations hope to accomplish by the merger?
DLF wants to broaden its agenda and to engage a larger and more diverse group of stakeholders. CLIR has developed good models for engaging scholars, librarians, technologists, and publishers in its work, and we see these partnerships as key for further developing library roles in the digital context.
Will DLF have its own advisory or governing board? If so, what will that board’s relationship be to the CLIR Board?
The DLF will be governed by the CLIR Board. The Executive Committee of the DLF Board will nominate two DLF directors for appointment to the CLIR Board. These two directors will be part of a transition advisory committee that will explore the best methods of promulgating the new DLF organization and programs.
Who will lead DLF at the staff level?
CLIR will hire a new program officer specifically to promote and enhance the initiatives and interests of the DLF community. This person will report to the president of CLIR and will also have a line of reporting to CLIR’s director of programs. The new program officer will work closely and routinely with all of CLIR’s program and research staff to ensure a complementary execution of the agendas of DLF and CLIR. The program officer will also oversee the Forums.
Will DLF continue to be a membership organization? If so, will membership be by invitation only, or will it be open?
The DLF review committee cited the constraints of a governance-based, membership model in recommending that the new program be developed as a sponsor-based program. On July 1, all current DLF members will become charter sponsors of the new program. Additional sponsors for the DLF program will be sought, and sponsorship will be open. The transition advisory committee will articulate criteria for new sponsoring institutions.
What will be the relationship between CLIR sponsors and DLF sponsors?
Initially, DLF sponsorship will remain a separate category from CLIR sponsorship (though several institutions will hold both types of sponsorship) because the programs and emphasis of DLF will remain distinct enough to warrant a focused community of members.
Will the DLF Forums continue?
We expect Forums to continue, with potential change in configuration and emphasis over time as the new program takes shape within CLIR. CLIR will conduct research on the Forums and other related events, looking for patterns of activity, opportunities for collaboration, emerging standards, and more broadly adoptable resources and tools that would offer the DLF community more cost-effective programs and services. In this respect, the merger into CLIR is seen as a means to instantiate a more strategic approach to investment in the digital environment.
What will happen with Aquifer?
Aquifer, a project to build communities of practice and tools for scholarship, has provided a context for cooperative development and production. Cooperative exploration of new technologies and development will likely continue to thrive as an outcome of the new program. Responsibility for Aquifer’s signature production project, American Social History Online, will transfer to the University of Illinois at Urbana-Champaign.
What is unique about DLF, and why is it important to sustain?
DLF has represented a unique commitment to collective development of the digital library context—of the professional community, of content, and of infrastructure. It has had notable accomplishments in the standards arena and has fostered a new community of professionals. Networking of talent has, from the start, been a key asset.
While there are regional and other consortia that have engaged in discrete collaborative projects, DLF has sustained an ambitious and international agenda over time. From the early Making of America project, which involved multiple members in digitization and standards, to the more recent American Social History Online effort, which pursued a suite of tools to enable scholarship, DLF has evolved to exploit technology and explore contemporary challenges of the academy.
Also noteworthy are the considerable assets DLF members bring to the table: a history of advocacy for collaboration, a deep pool of talent, and proven innovation. These qualities and strengths will be sustained and will be fundamental to the success of the merger with CLIR.
A NEW REPORT from CLIR and the Library of Congress addresses the question of what libraries and archives are legally empowered to do to preserve and make accessible for research their holdings of unpublished sound recordings made before 1972.
The report, Copyright and Related Issues Relevant to Digital Preservation and Dissemination of Unpublished Pre-1972 Sound Recordings by Libraries and Archives, is one of a series of studies commissioned by CLIR on behalf of the National Recording Preservation Board (NRPB), under the auspices of the Library of Congress. It was written by June Besek, executive director of the Kernochan Center for Law, Media and the Arts at Columbia University. The report is available free of charge at localhost:8888/wordpress/pubs/abstract/pub144abst.html.
Unpublished sound recordings are those created for private use, or even for broadcast, but that have not been distributed to the public in copies with rights holders’ consent. Such recordings often possess considerable cultural and historical significance because they may be the only record of an event or performance. They include radio broadcast recordings, oral histories and interviews conducted as part of field research or newsgathering, and authorized as well as bootlegged tapes of historic live musical performances for which no other recording survives.
The patchwork of state laws protecting unpublished sound recordings made before 1972 is far less clear-cut than the federal copyright law. States may protect copyright through criminal, common, or civil law. Thus, copyright protections for these sound recordings will endure far beyond the terms of other kinds of media. Books, sheet music, maps, motion pictures and photographs published before 1923 are already in the public domain.
To help bring clarity to the morass of rights issues, Besek’s report describes the different bodies of law covering these recordings and the uncertainties inherent in these laws, and provides guidance—using nine examples of unpublished sound recordings—for libraries to use when preserving and making these materials accessible to the public.
In 2005, Besek addressed pre-1972 commercial recordings in another study for NRPB titled Copyright Issues Relevant to Digital Preservation and Dissemination of Pre-1972 Commercial Sound Recordings by Libraries and Archives. That report can be accessed at localhost:8888/wordpress/pubs/abstract/pub135abst.html.
CLIR HAS ISSUED Working Together or Apart: Promoting the Next Generation of Digital Scholarship, a report of a workshop cosponsored by CLIR and the National Endowment for the Humanities in September 2008. The workshop focused on two questions: (1) How do the new media advance and transform the interpretation and analysis of text, image, and other sources of interest to the humanities and social sciences and enable new expression and pedagogy? and (2) What questions and challenges do those processes of inquiry pose for research in computer science as well as in humanities and social sciences?
The volume opens with an essay by CLIR Director of Programs Amy Friedlander that contextualizes and synthesizes workshop discussions. This introductory essay is followed by six papers prepared for the workshop by leading scholars in the fields of classics, English, art history, visual studies, computational linguistics, and information dynamics. The volume ends with a summary report on digital humanities centers commissioned by CLIR and written by Diane Zorich.
The report is available at https://clir.wordpress.clir.org/pubs/abstract/pub145abst.html. Print copies can be ordered at this URL for $25 per copy plus shipping.
THE ANDREW W. MELLON Foundation has awarded CLIR $4,303,000 to support a second year of its Cataloging Hidden Special Collections and Archives program.
The program was created in 2008, with Mellon funding, to identify and catalog special collections and archives of high scholarly value that are difficult or impossible to locate through finding aids. Award recipients create descriptive information for their hidden collections that will eventually be linked to and interoperable with all other projects funded by this grant.
In 2008, CLIR awarded a total of $4 million to 15 projects nationwide. It expects to award the same amount of funding to new projects this year.
CLIR will issue a request for proposals by the end of April and will announce decisions in fall 2009. A standing review panel, formed in 2008, will evaluate proposals and select award recipients.
More information about the award program is available at https://clir.wordpress.clir.org/hiddencollections/index.html.
WITH FUNDING FROM The Andrew W. Mellon Foundation, the Johns Hopkins Sheridan Libraries will launch a pilot program for postdoctoral fellows in heritage conservation sciences. Two fellows will be selected each year in an international competition to address a vetted scientific research agenda during the two-and-a-half-year initiative, based in the libraries’ conservation and preservation department.
The program will provide opportunities for the research fellows to collaborate with faculty and students in the Johns Hopkins Whiting School of Engineering’s department of materials science, the Johns Hopkins Museums, and Baltimore-area historical societies and other institutions. The fellows’ investigations will emphasize research relevant to materials in libraries, archives, and other cultural heritage organizations.
The Sheridan Libraries will issue a call for proposals by late April and the program will begin in fall 2009. For more information, contact Sonja Jordan Mowery (sjordan@jhu.edu) or Miriam Centeno (mcenten1@jhu.edu).
by Chuck Henry
I WAS RECENTLY invited to join the European Union Science Board for Open Access Publishing in European Networks (OAPEN), a consortium of universities and academic presses whose goal is to develop an open access publication model for the humanities and social sciences. One aim of this 30-month effort is to achieve a sustainable publishing methodology and platform that improves the quantity, usability, and visibility of high-quality open access content in relevant fields of study.
All the participating institutions and their presses have been involved with digital publishing programs, and each is committed to uphold the principles of open access, to publish humanities and social science scholarship in multiple languages, and to work closely with university libraries.
The first meeting of the science board, hosted by the University of Amsterdam, took place in that city in early March. In attendance were representatives from universities and presses at Amsterdam, Leiden, Göttingen, Florence, and Lyon, as well as from consortial organizations, including the Open Humanities Press, JISC from the United Kingdom, and CLIR.
From an American perspective, it is remarkable that a government would invest the equivalent of more than US$1 million to study and make recommendations regarding the tradition and future of the monograph in humanities and social science scholarship. The board’s discussions, which focused on a range of problems relating to the monograph, were compelling. One major issue is that far fewer titles are now becoming available annually because of the rising cost of paper-based book publication business models; a related problem is that the chances for academic advancement for younger scholars may be hampered because they have fewer outlets for publication than did their predecessors. There was a prevailing sense that in today’s fragile economy, the themes and scholarly arguments of publications tend to be “safer,” or less controversial, than they were in a more robust era of publication.
Rather than discuss digital, open access alternatives to the current model of book publishing, participants aired innovative concepts of scholarly communication, with an emphasis on building a new digital environment for humanities and social science research and publication. This environment would not only facilitate established approaches to research but also lay a foundation for intellectual strategies and methodological approaches that we may not be able to conceive of at present.
At future meetings, board members will explore services and tools pertinent to a new infrastructure in support of scholarly communication. Linkages to university libraries, which remain an integral facet of this virtual environment, will continue to be strengthened.
KATIE HENNINGSEN, a master’s degree candidate at the Palmer School of Library and Information Science at Long Island University, has received this year’s Rovelstad Scholarship in International Librarianship. Her interest in librarianship began while she was studying for her master’s of philosophy in Reformation and Enlightenment Studies at Trinity College in Dublin. During that time, she enrolled in a yearlong course, Analytical and Historical Bibliography: The History of the Book, that convinced her to pursue a career in rare books and special collections librarianship.
While studying for her MSLIS degree, Henningsen has been working as an archives assistant in the Rare Book and Manuscript Library at Columbia University, where she has helped process the records of the New York Chamber of Commerce. She has also assisted scholars by performing reference services for the university’s archives.
The Rovelstad Scholarship provides travel funds for a student of library and information science to attend the annual meeting of the World Library and Information Congress. This year’s meeting will take place in Milan, Italy, in August.
SIXTEEN GRADUATE STUDENTS have been selected to receive awards this year under the Mellon Fellowship Program for Dissertation Research in the Humanities in Original Sources, which CLIR administers.
The fellowships are intended to help graduate students in the humanities and related social science fields pursue research wherever relevant sources are available; gain skill and creativity in using primary source materials in libraries, archives, museums, and related repositories; and provide suggestions to CLIR about how such source materials can be made more accessible and useful.
The fellowships carry stipends of up to $25,000 each to support dissertation research for periods of up to 12 months.
The Spectacle of Punishment: Visibility and Protest in 1970s Prison Radicalism
Lydia Brandt
Reliving Mount Vernon: Replicas and Memory, 1893-1934
Jun Hee Cho
Court in the Market: The Burgundian Capital (Mechelen) During the Reign of Charles the Bold, 1467-77
Martin Gutmann
Fighting for the Nazi New Order: Neutral Elites in the
Service of the German Waffen-SS
Robert Herr
Puppets and Proselytizing: Politics and Nation-Building in Post-Revolutionary Mexico’s Didactic Theater
Kristine Hess
Mount Sinai and the Monastery of Saint Catherine:
Depicting “Place” and “Space” in Pilgrimage Art
Nicholas Johnson
Musica Caelestia: Hermetic Philosophy, Astronomy, and Music at the Court of Rudolf II
Erin Lambert
Singing God’s Image: Rethinking Religious Difference Through Sixteenth-Century Visual and Musical Culture
Pedro Monaville
Global 1968 in Kinshasa: From a Student Massacre to Ruins in a Postcolonial University
Lindsay Moore
Women at Law in England and the Chesapeake, 1630-1700
Virginia Myhaver
The “New American Revolution”: Cultural Politics and the 1976 American Bicentennial
Daphna Oren-Magidor
Dealing with Infertility in Early Modern England
Jamie Rosenthal
Of Bonds and Bondage: Gender, Slavery, and Transatlantic Intimacies in the Eighteenth Century
Danielle Terrazas Williams
Negotiating Colonial Hierarchies: Mulata Women with Wealth in Seventeenth-Century Central Veracruz
Jaime Wadowiec
The Afterlives of Empire: Immigration and the Politics of Difference in Decolonized France, 1962-1974
Kimberly Welch
Subordinate Southerners and the Local Legal Culture in the Old South
THE DIVISION OF Preservation and Access of the National Endowment for the Humanities (NEH) is accepting applications for its 2010 Research and Development (R&D) grant competition. Projects may include efforts to:
develop technical standards, best practices, and tools for preserving and creating access to humanities collections
explore more effective scientific and technical methods of preserving humanities collections
develop automated procedures and computational tools to integrate humanities data in disparate online resources
investigate and test new ways of providing digital access to humanities materials that are not amenable to standard modes of digitization
NEH especially encourages applications that address digital preservation, recorded sound and moving image collections, and preventive conservation. Grant application guidelines may be found at http://www.neh.gov/grants/guidelines/PARD.html. Applications must be received by July 30, 2009, for projects beginning in May 2010. All applications must be submitted electronically through Grants.gov. For more information, contact the division at 202-606-8570 or preservation@neh.gov.
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Avoiding Technological Quicksand: Section 6
Home / CLIR Publications / CLIR Reports / Avoiding Technological Quicksand: Finding a Viable Technical Foundation for Digital Preservation / Avoiding Technologic...
6. The Inadequacy of Most Proposed Approaches
Most approaches that have been proposed fall into one of four categories: (1) reliance on hard copy, (2) reliance on standards, (3) reliance on computer museums, or (4) reliance on migration. Though some of these may play a role in an ultimate solution, none of them comes close to providing a solution by itself, nor does their combination.
6.1 Reliance on hard copy
It is sometimes suggested that digital documents be printed and saved as hard copy. This is not a true solution to the problem, since many documents (especially those that are inherently digital, such as hypermedia) cannot meaningfully be printed at all, or would lose many of their uniquely digital attributes and capabilities if they were printed. Even digital renditions of traditional documents (such as linear text) lose their core digital attributes by being printed; that is, they sacrifice direct machine-readability, which means they can no longer be copied perfectly, transmitted digitally, searched or processed by computer programs, and so forth. Similarly, attempting to save digital documents by printing the 0s and 1s of their bit streams on paper (or engraving them in metal) sacrifices their machine-readability and the core digital attributes that it enables (Bearman 1993, U. S. District Court for the District of Columbia 1993).
Moreover, any such scheme destroys whatever interactive or dynamic functionality an inherently digital document (or a digital rendition of a traditional document) may have, since the document’s original software can no longer be run. (While a human reader might be able to ignore the errors introduced by the optical scanning and character recognition of a printed version of a digital document, computer programs are far less tolerant of the errors that this process would introduce when scanning a printed sequence of 0s and 1s.) For all of these reasons, saving digital documents by printing them (whether rendering their content or printing their bit streams) does not offer a solution to the true problem of digital preservation.
6.2 Reliance on standards
On the face of it, reliance on standards appears to offer a solution by allowing digital documents to be represented in forms that will endure into the future and for which future software will always provide accessibility. One version of this argument offers the relational database (RDB) as a paradigmatic example of how this might work (NARA 1991, Thibodeau 1991). This argument contends that since all relational database management systems (RDBMSs) are based on the same mathematical foundation (Codd 1982), any RDB that is accessioned by an institution can be translated without loss into the specific RDB form recognized by the RDBMS used by that institution. Even if the institution later changes RDBMSs, all of its RDBs should be able to migrate to the new RDBMS without loss, since all RDBMSs support the same baseline functionality (UNACCIS 1990, 1992).
While this argument appears convincing, it fails in several significant ways. First, precisely because the relational model legislates a standard baseline of functionality, real RDBMSs must distinguish themselves in the marketplace by introducing proprietary features that extend the relational model (such as “outer” joins, support for views, unique diagramming methods for data modeling, and the like). Any RDB that makes use of such proprietary features becomes at least somewhat nonstandard and will lose some of its functionality if translated into some other RDBMS (Bikson and Frinking 1993). In this way standardization sows the seeds of its own destruction by encouraging vendors to implement nonstandard features in order to secure market share. Users are motivated to use such features because they provide enhanced functionality, but using these features produces nonstandard databases that are likely to be orphaned by reliance on standards, since standards enforce strict limitations on what they can represent, and thereby preserve.
In addition, far from being a paradigmatic example, the relational database is actually unique: no other kind of digital document rests on an underlying formal mathematical foundation that can serve as the basis for its standardization. Word-processing documents, spreadsheets, graphics and image files, hypermedia, animation, and audio and video formats are still evolving so rapidly that it is unrealistic to expect definitive standards for any of these forms to emerge in the near future. Though standards continue to be developed for many kinds of digital documents, they are almost always informal, ad hoc, and relatively short-lived. Moreover, since they lack a formal underpinning, they often compete with rival standards produced for different purposes or by different groups. This leads to the sad but true statement, attributed to Andrew S. Tanenbaum, “One of the great things about standards is that there are so many different ones to choose from!”
Finally, the relational database example demonstrates a fundamental flaw in the standards-based approach. Just as the relational paradigm replaced earlier network and hierarchical database paradigms, it is currently under attack by the new object-oriented database (OODB) paradigm, which may well replace it or at least relegate it to the role of a low-level storage mechanism hidden beneath future object-oriented database management systems (OODBMSs). As was the case with previous database paradigm shifts, the transition from relational to object-oriented databases cannot be made simply by automatically translating RDBs into OODBs. The paradigms are so different that such translation is typically meaningless: even when it is possible, the result is likely to possess neither the formal rigor of the original relational form nor the enhanced semantic expressiveness of the new object-oriented form. This illustrates the fact that even the best standards are often bypassed and made irrelevant by the inevitable paradigm shifts that characterize information science-and will continue to do so.
Proponents of standards often argue that the way to deal with the problem of paradigm shifts is to force digital documents into current standard forms (even if this sacrifices some of their functionality) and then translate them, when current standards become obsolete, into whatever standards supplant the obsolete ones.3 This is analogous to translating Homer into modern English by way of every intervening language that has existed during the past 2,500 years. The fact that scholars do not do this (but instead find the earliest original they can, which they then translate directly into the current vernacular) is indicative of the fact that something is always lost in translation. Rarely is it possible to recover the original by retranslating the translated version back into the original language.
Not even character encodings last forever: ASCII (the venerable 7-bit American Standard Code for Information Interchange) is slowly giving way to Unicode (a newer 16-bit character set). Furthermore, the history of these encodings shows that successful standards do not always subsume their competitors, as exemplified by the ascendance of ASCII over EBCDIC (the 8-bit Extended Binary Coded Decimal Interchange Code long used by IBM) and the APL character set (designed for Iverson’s “A Programming Language”), despite the fact that ASCII cannot represent all of their characters.
Nevertheless, standards should not be dismissed. Some standards (notably standard generalized markup language, SGML, and its offspring) have proven highly extensible and worthwhile within their limited scope. Since text is likely always to be a part of most documents, SGML provides a useful capability (Coleman and Willis 1997), even though it does not by itself solve the problems of nontextual representation or of representing dynamic, interactive documents. In fact, if SGML had been adopted as a common interlingua (a commonly translatable intermediate form) among word processing programs, it would have greatly relieved the daily conversion problems that plague most computer users; yet this has not occurred, implying that even well-designed standards do not necessarily sweep the marketplace (Bikson 1997). Nevertheless, converting digital documents into standard forms, and migrating to new standards if necessary, may be a useful interim approach while a true long-term solution is being developed. I also suggest below that standards may play a minor role in a long-term solution by providing a way to keep metadata and annotations readable.
6.3 Reliance on computer museums
To avoid the dual problems of corruption via translation and abandonment at paradigm shifts, some have suggested that computer museums be established, where old machines would run original software to access obsolete documents (Swade 1998). While this approach exudes a certain technological bravado, it is flawed in a number of fundamental ways. It is unlikely that old machines could be kept running indefinitely at any reasonable cost, and even if they were, this would limit true access to the original forms of old digital documents to a very few sites in the world, thereby again sacrificing many of these documents’ core digital attributes.
Furthermore, this approach ignores the fact that old digital documents (and the original software needed to access them) will rarely survive on their original digital media. If an obsolete digital document and its software survive into the future, this will probably be because their bit streams have been copied onto new media that did not exist when the document’s original computer was current. For example, an old word processing file from a 1970s personal computer system will not still exist on the 8-inch floppy disk that was native to that system but will instead have migrated onto a 3.5 inch floppy, a CD-ROM, or perhaps a DVD. The obsolete document would therefore have to be read by an obsolete machine from a new medium for which that machine has no physical drive, no interface, and no device software. The museum approach would therefore require building unique new device interfaces between every new medium and every obsolete computer in the museum as new storage media evolve, as well as coding driver software for these devices, which would demand maintaining programming skills for each obsolete machine. This seems hopelessly labor-intensive and ultimately infeasible.
Finally, computer chips themselves have limited physical lifetimes. Integrated circuits decay due to processes such as metal migration (the traces that define circuit connections on the chips migrate through the substrate over time) and dopant diffusion (the atoms that make semiconductors semiconduct diffuse away over time). Even if obsolete computers were stored carefully, maintained religiously, and never used, aging processes such as these would eventually render them inoperative; using them routinely to access obsolete digital documents would undoubtedly accelerate their demise.
One role that computer museums might play in preservation is to perform heroic efforts to retrieve digital information from old storage media. If an old disk or tape is found that may indeed still have readable information on it, an obsolete machine in the museum (which would presumably have a drive and software for the medium in question) could be used in a last-ditch attempt to tease the bits off the medium, as an alternative to electron microscopy or other equally extreme measures. A second role for computer museums might be in verifying the behavior of emulators, as discussed below. Beyond these limited roles, however, computer museums do not appear to be a serious option for the long-term preservation of digital documents.
6.4 Reliance on migration
The approach that most institutions are adopting (if only by default) is to expect digital documents to become unreadable or inaccessible as their original software becomes obsolete and to translate them into new forms as needed whenever this occurs (Bikson and Frinking 1993, Dollar 1992). This is the traditional migration approach of computer science. While it may be better than nothing (better than having no strategy at all or denying that there is a problem), it has little to recommend it.4
Migration is by no means a new approach: computer scientists, data administrators and data processing personnel have spent decades performing migration of data, documents, records, and programs to keep valuable information alive and usable. Though it has been employed widely (in the absence of any alternative), the nearly universal experience has been that migration is labor-intensive, time-consuming, expensive, error-prone, and fraught with the danger of losing or corrupting information. Migration requires a unique new solution for each new format or paradigm and each type of document that is to be converted into that new form. Since every paradigm shift entails a new set of problems, there is not necessarily much to be learned from previous migration efforts, making each migration cycle just as difficult, expensive, and problematic as the last. Automatic conversion is rarely possible, and whether conversion is performed automatically, semiautomatically, or by hand, it is very likely to result in at least some loss or corruption, as documents are forced to fit into new forms.
As has been proven repeatedly during the short history of computer science, formats, encodings, and software paradigms change often and in surprising ways. Of the many dynamic aspects of information science, document paradigms, computing paradigms, and software paradigms are among the most volatile, and their evolution routinely eludes prediction. Relational and object-oriented databases, spreadsheets, Web-based hypermedia documents, e-mail attachments, and many other paradigms have appeared on the scene with relatively little warning, at least from the point of view of most computer users. Each new paradigm of this kind requires considerable conversion of programs, documents, and work styles, whether performed by users themselves or by programmers, data administrators, or data processing personnel.
Even though some new paradigms subsume the ones they replace, they often still require a significant conversion effort. For example, the spreadsheet paradigm subsumes simple textual tables, but converting an existing table into a meaningful spreadsheet requires defining the formulas that link the entries in the table, although these relationships are likely to have been merely implicit in the original textual form (and long since forgotten). Similarly, word processing subsumes simple text editing, but conversion of a document from a simple textual form into a specific word processing format requires that fonts, paragraph types, indentation, highlighting, and so forth, be specified, in order to make use of the new medium and avoid producing a result that would otherwise be unacceptably old-fashioned, if not illegible.
One of the worst aspects of migration is that it is impossible to predict what it will entail. Since paradigm shifts cannot be predicted, they may necessitate arbitrarily complex conversion for some or all digital documents in a collection. In reality, of course, particularly complex conversions are unlikely to be affordable in all cases, leading to the abandonment of individual documents or entire corpora when conversion would be prohibitively expensive.
In addition, as when refreshing media, there is a degree of urgency involved in migration. If a given document is not converted when a new paradigm first appears, even if the document is saved in its original form (and refreshed by being copied onto new media), the software required to access its now-obsolete form may be lost or become unusable due to the obsolescence of the required hardware, making future conversion difficult or impossible. Though this urgency is driven by the obsolescence of software and hardware, rather than by the physical decay and obsolescence of the media on which digital documents are stored, it is potentially just as crucial. Therefore migration cannot generally be postponed without incurring the risk that it may become impossible in the future, and that the documents may be irretrievably lost. Worse yet, this problem does not occur just once for a given document (when its original form becomes obsolete) but recurs throughout the future, as each form into which the document has migrated becomes obsolete in turn.
Furthermore, because the cycles of migration that must be performed are determined by the emergence of new formats or paradigms, which cannot be controlled or predicted, it is essentially impossible to estimate when migration will have to be performed for a given type of document-the only reliable prediction being that any given type of document is very likely to require conversion into some unforeseeable new form within some random (but probably small) number of years. Since different format changes and paradigm shifts affect different (and unpredictable) types of documents, it is likely that some of the documents within a given corpus will require migration before others, unless the corpus consists entirely of a single type of document (which becomes less likely as documents make increasing use of hypermedia, since a single hypermedia document consists of component subdocuments of various types). This implies that any given corpus is likely to require migration on an arbitrarily (and uncontrollably) short cycle, determined by whichever of the component types of any of its documents is the next to be affected by a new format or paradigm shift.
Finally, migration does not scale well. Because it is labor-intensive and highly dependent on the particular characteristics of individual document formats and paradigms, migration will derive little benefit from increased computing power. It is unlikely that general-purpose automated or semiautomated migration techniques will emerge, and if they do, they should be regarded with great suspicion because of their potential for silently corrupting entire corpora of digital documents by performing inadvertently destructive conversions on them. As the volume of our digital holdings increases over time, each migration cycle will face a greater challenge than the last, making the essentially manual methods available for performing migration increasingly inadequate to the task.
In summary, migration is essentially an approach based on wishful thinking. Because we cannot know how things will change in the future, we cannot predict what we will have to do to keep a given digital document (or type of document) accessible and readable. We can merely predict that document formats, software and hardware will become obsolete, that paradigms will shift in unpredictable ways (unpredictability being the essence of a paradigm shift), and that we will often have to do something. Since different changes may apply to different kinds of documents and records, we must expect such changes to force the migration of different kinds of documents on independent, unrelated schedules, with each document type (and perhaps even individual documents or their components) requiring specialized, labor-intensive handling. We cannot predict how much effort, time, or expense migration will require, how successful it will be in each case, how much will be lost in each conversion, nor how many of our documents will be corrupted, orphaned, or lost in each migration cycle. Furthermore, we can expect each cycle to be a unique experience that derives little or no benefit or cost savings from previous cycles, since each migration will pose a new set of unique problems.
In the absence of any alternative, a migration strategy may be better than no strategy at all; however, to the extent that it provides merely the illusion of a solution, it may in some cases actually be worse than nothing. In the long run, migration promises to be expensive, unscalable, error-prone, at most partially successful, and ultimately infeasible.
3 This approach is the standards-based version of migration, described below.
4 The migration approach is often linked to the use of standards, but standards are not intrinsically a part of migration.
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US: 5-Yr Note Announcement
December 22, 2016 10:00 CST
Offering Amount $34.0 B $34.0 B
CUSIP Number 912828U81 912828U65
Min Bid Amount $100 $100
Auction Date December 28, 2016 November 22, 2016
Issue [Settlement] Date January 31, 2017 November 30, 2016
Maturity Date December 31, 2021 November 30, 2021
Noncompetitive Bids 12:00 Noon ET 12:00 Noon ET
Competitive Bids 1:00 p.m. ET 1:00 p.m. ET
Treasury notes are sold at regularly scheduled public auctions. The competitive bids at these auctions determine the interest rate paid on each Treasury note issue. A group of securities dealers, known as primary dealers, are authorized and obligated to submit competitive tenders at Treasury auctions. Dealers can hold the bills, resell the bills to their clients or trade them with other securities firms. Typically, the New York Fed approves about 20 securities firms to be primary dealers but that number dropped sharply during the 2008 financial crisis as some were merged into other firms or went bankrupt. The Fed has been rebuilding that number regularly and the latest list can be found here. The Treasury announces the amount, date and time of the 5-year note auction monthly. The 5-year notes are announced around the third week of the month (usually on Thursday) and then auctioned the following week. In all cases, the 5-year notes are issued (settled) on the last day of the month, unless it falls on a weekend or holiday, and then they are issued on the next business day. (Department of the Treasury)
Individual investors can participate in Treasury auctions either through a securities dealer (brokerage firm) or via the Treasury Direct program, which saves on brokerage commissions. But brokers commissions are often nominal (especially with discount brokers), and using a broker does eliminate a lot of paper work and other administrative hassles. Brokers facilitate the purchases and sales of Treasuries in the secondary market, which is handy for buying Treasuries at times other than scheduled auctions or for maturities other than those offered by standard new issues.
Interest rates on Treasury securities are determined in the market; the Federal Reserve does not set them. However, bond investors are sensitive to Federal Reserve policy and thus market rates will mirror policy expectations. Usually, bond market players are forward-looking and this means that interest rates on Treasury securities will move in the direction of Fed policy with a lead. As a result, one is more likely to see rising interest rates on Treasury yields during an expansion (and falling yields during economic slowdowns) in advance of policy changes by the Federal Reserve.
Primer on Treasuries
Treasury securities, Treasuries, U.S. government bonds, T-bonds, T-notes, and T-bills all refer to the same type of security: debt obligations of the United States. Maturity refers to the length of the loan to the government. Treasury notes have maturities from 2 to 10 years (2-, 3-, 5-, 7- and 10-year notes are most common). Treasury securities all have minimum denominations of $100.
How notes work
You pay $1,000 for a note. You receive interest payments every six months based on the coupon rate. If the rate is 6%, you get $30 every six months for a total of $60/year. When the note matures in five years, you get back the original investment of $1,000, called the principal.
Treasuries offer a measure of security unmatched by other investments - the U.S. government guarantees the initial investment (the principal) and interest payments. When Treasuries are resold in the secondary market, their prices are often significantly different than their face value since prices in the secondary market fluctuate based on the economic environment, inflation expectations, Federal Reserve policy, and simple forces of supply and demand. If a Treasury security is held to maturity, inflation and opportunity risks remain. Inflation erodes the value of both the principal and interest payments. Opportunity risk refers to what could have been earned had the money been invested elsewhere.
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Web surfers brace for pop-up downloads
Software makers are popping up boxes that ask people to download applications delivering everything from Gator's password helper to software that redirects people to adult-related sites.
Stefanie Olsen
April 8, 2002 11:19 a.m. PT
Web surfers who thought online advertisements were becoming increasingly obtrusive may be dismayed by a new tactic: pop-up downloads.
In recent weeks, some software makers have enlisted Web site operators to entice their visitors to download software rather than simply to view some advertising. For example, when visiting a site a person may receive a pop-up box that appears as a security warning with the message: "Do you accept this download?" If the consumer clicks "Yes," an application is automatically installed.
Computer security expert Richard Smith explained that with such downloads, "You don't even know why you're getting this program, and the people who do (pop-up downloads) are relying on the fact that people tend to say 'Yes.'"
"A person should (be able to) request the download" if they want it, or decline it if they don't, he said. "It's the classic opt-in, opt-out debate."
In some cases, people are not even asked whether they want the software. It just installs on the hard drive--a particularly troublesome tactic that some have dubbed "drive-by download."
Some Net users have complained of receiving downloads containing a virus that automatically redirects them to adult-related sites. Such downloads also have been known to install new dial-up programs replacing the existing accounts. The Federal Trade Commission recently brought a case against people who were using such tactics to install a dial-up account for expensive 1-900 numbers.
But those horror stories are the exception. More typically, software makers are simply using the downloads to distribute legitimate products.
One well-known practitioner is Gator, a company that makes a helper application that manages passwords and user IDs. While many people find the software to be useful, Gator also has built in some more questionable features.
The company came under fire last year for selling ads that appeared over the top of ads already existing on major sites such as Yahoo.
While Gator later retreated from its earlier practices, about six weeks ago it turned to download advertising, called "one-click opt-install," on various partner sites.
In addition, online advertising network L90 has sold the one-click downloads on various consenting network sites. Its ad network includes AllBusiness.com, The Golf Channel online and Hollywood.com, according to its Web site.
Ads-as-downloads are the latest ploy by software makers to help aggressively distribute technology to a wider audience. They also represent the newest twist on pop-ups and other attention-getting pitches.
In the last year and a half, Net advertising has undergone vast transformations as publishers have sought new revenue sources to make up for a sharp decline in ad dollars. As a result, ads appear bigger, obscure content for a brief time, or use sound to attract attention.
And that's just on the top sites. In less-trafficked areas of the Net, the tactics are even bolder. Some Web sites have been known to launch up to 10 pop-up pages or to use tricks such as "mousetrapping," in which the site launches multiple windows when the visitor tries to exit the page. This clutter has created a haven for pop-up downloads because consumers find it hard to determine the ad's origin.
For Gator, triggering a download via an ad boosts distribution of its wallet and bundled marketing software, the OfferCompanion. To support its free software, the company sells targeted ads to nearly 300 advertisers on OfferCompanion, which delivers price comparisons.
Gator's technologies have already been widely distributed through bundling deals with other popular applications such as WeatherBug and through direct distribution from its site. With nearly 13 million users, according to the company, it's pushing saturation, and it has sought to find new modes of distribution.
"When you hit critical mass, you don't have a lot of options...It's helping expand our reach," said Scott Eagle, marketing manager for Gator.
"We're working (directly) with publishers buying various pop-up advertising; one of them is the popping up of the (security) prompt. (It) says, 'Would you like to try this application? Click here if you do,'" said Eagle, adding that the campaign is still a small piece of the company's distribution.
Several Web publishers said they have been approached by L90 or Gator to run such download ads, but they refused out of fear of a consumer backlash.
"We thought it was dirty," said one Internet executive who asked to remain anonymous. "It's the kind of thing that makes the phone ring."
One executive referred to the download as a "warhead" because it's a small file that executes automatically and always runs in the background. The software verifies whether the computer already has the software, the system is compatible, and cookies are on.
Is it too easy?
Elliot Noss, owner of 9-year-old download site Tucows, said that though he was surprised to receive a prompt for a Gator download, he's savvy to such marketing tactics and declined to accept it. But he's not so sure a Web neophyte would know better.
"An unsophisticated user like my poor mother would have presumed it was something like a browser plug-in necessary to view the site and (would OK) the download," said Noss. "But downloading software especially for unsophisticated users can cause lots of grief and pain. Before something like a download is provided, it should be very clearly requested."
Gator's Eagle said the program is an easy way for visitors to download the software, and he emphasized that they are given the opportunity to click "No." He said the company has done extensive research to find out if this is a valuable means to install software; the results have been "overwhelmingly positive."
"There's no question that there (are) programs that are more aggressive. With this, there's some measure of permission," said Eagle.
Gator buys the ads by the thousands, but Eagle would not divulge what it pays. Sources in the ad industry say the company spends between $2 and $5 per thousand ads. Typical ad rates can run anywhere from about $7 to $20 for general rotation on a top site such as Yahoo. Gator also has affiliate relationships with many sites, which it pays $1 every time a visitor downloads its software.
Gator isn't the only software maker using this tactic to add consumers. Others advertising through downloads include Activator Download and C2 Media.
Meanwhile, InternetFuel, a marketing services company, sells creative ways for software makers to increase downloads. "Does your online business application require a download? InternetFuel can effectively market your download to the user. We offer a variety of delivery options," according to its Web site.
An L90 representative said download pop-ups have been allowed on its network. She said Gator's ad ran on its network of 150 publishers--of those that agreed--and a lower-profile set of publishers called Zonfire.
Among the sites that automatic downloads have appeared on are Innovators of Wrestling, MP3Yes.com, and the Web community site EZBoard. Such sites often launch so many pop-up windows it's hard to determine where the download originated.
A representative for the Interactive Advertising Bureau said the practice is so new that the organization could not comment specifically on it. But the representative said the IAB generally endorses practices that are clearly labeled and are not deceptive.
The IAB recently signed off on a Gator initiative, called online advertising "rules of engagement," which espoused the importance of clearly marking advertisements and the origin of ads.
"Consumers want control of their PCs," Gator President Jeff McFadden said in a statement. "They're confused as to who is responsible for displaying these high volumes of uninvited pop-ups and pop-unders, and they are becoming frustrated. This is hurting ad responsiveness and is giving a black eye to the online advertising industry."
Discuss: Web surfers brace for pop-up downloads
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Crime + Justice Energy + Environment Extreme Weather Space + Science
5 children have been killed in 3 days waiting for school buses
By Madeline Holcombe, CNN
Updated 3:21 PM EDT, Fri November 2, 2018
They were just kids, trying to get to school.
At least five children have been killed this week and seven injured when they were hit by drivers near school bus stops, authorities said. The incidents – in Indiana, Mississippi, Florida and Pennsylvania – draw attention to pedestrian safety and distracted driving across the country.
Crossing the street to their bus stop in the morning in rural Indiana, 9-year-old Alivia Stahl and her twin 6-year-old brothers, Mason and Xzavier Ingle, were fatally struck by a pickup truck, police said.
Alivia held her brothers’ hands and shielded them from the oncoming truck, their uncle told CNN affiliate WRTV.
The 24-year-old driver was arrested on three counts of felony reckless homicide and misdemeanor passing a school bus with the arm extended. She was released on $15,000 bond.
Another student injured in the incident was airlifted to a hospital in Fort Wayne.
PHOTO: Indiana State Police
Related Article Getting to and from a bus stop may be more dangerous than the actual ride to school. Here's why
A 9-year-old was struck and killed north of Tupelo, Mississippi, as he crossed the road to board a school bus.
A 22-year-old man was charged with aggravated assault in the incident, Mississippi Highway Patrol Capt. Johnny Poulos said. Bond was set for the driver at $10,000.
In Tallahassee, Florida, a 19-year-old man hit and injured a kindergartner who was crossing the street to board a school bus, police told CNN affiliate WCTV.
The driver realized too late that the bus was stopped with arm extended, police said. He was given two traffic citations, the Leon County Sheriff’s Office said.
The driver reached out to apologize, the child’s family told WCTV, and the 5-year-old boy is at home and doing well.
In central Pennsylvania, a 7-year-old boy from Franklin Township was found dead on side of the road by his home after he was run over by a slow-moving vehicle, authorities said.
“Evidence has shown that the child was run over at a slow speed,” Pennsylvania State Police Troop G’s tweeted. “A search warrant was obtained for a vehicle that was in the area at the time. The driver has been interviewed.”
Additional Embargo: Additional Source(s): Date Shot: 11/1/2018 Shipping/Billing Info: Description: Projects: None Cost Center: Atlanta National Desk / 20100101 Created By: medeirosa On: 1541079820 --------------------------------------------------------------------------------
PHOTO: WFLA
Related Article For fifth time in three days, a driver hits kids at bus stop, police say
“The bus driver on route arrived at the stop discovering the situation, contacted 911 and remained at the scene until first responders arrived,” Tyrone Area School District Superintendent Cathy Harlow said on Facebook.
In Tampa, Florida, five children and two adults were rushed to a hospital after a car struck pedestrians at a school bus stop, police spokesman Eddy Durkin said.
One child is in critical condition, Durkin said Thursday, but none of the injuries are considered life-threatening. Three of the children are 6 years old, one is 9 and one is 12.
Images from the scene show backpacks scattered on the ground.
Witnesses reported that a Ford Escort driving at a high rate of speed in a residential area hit the pedestrians on the side of the street, Durkin said, but police later said it was unclear whether the driver, a 47-year-old man, had been speeding.
The driver stayed at the scene and has not been charged, officials said.
CNN’s Steve Almasy, Hollie Silverman, Eliot C. McLaughlin, and Tina Burnside contributed to this report.
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Ancient termite megapolis as large as Britain found in Brazil
Bard Wilkinson, CNN • Updated 21st November 2018
(CNN) — Researchers have discovered a gigantic complex of 200 million termite mounds in northeastern Brazil, which may be up to 4,000 years old and covers an area about the size of Great Britain.
Although visible on Google Earth, the conical mounds, some of which rise up to 10 feet high, are largely hidden from view at ground level in semiarid, thorny-scrub forests, according to research published this month in Current Biology.
"These mounds were formed by a single termite species that excavated a massive network of tunnels to allow them to access dead leaves to eat safely and directly from the forest floor," researcher and entomologist Stephen Martin of the UK's University of Salford said in a statement.
"The amount of soil excavated is ... equivalent to 4,000 Great Pyramids of Giza, and represents one of the biggest structures built by a single insect species."
The mounds are found in dense, low, dry forest caatinga vegetation and can be seen when the land is cleared for pasture.
Roy Funch
The mounds, more of which are still being built, came to scientists' attention when some of the lands were cleared for pasture in recent decades.
Soil samples collected from the centers of 11 mounds and dated indicated that the mounds were created 690 to 3,820 years ago. That makes them about as old as the world's oldest known termite mounds in Africa, according to a statement posted online by Cell Press.
The mounds are not nests but rather the result of the insects' slow and steady excavation of a network of interconnected underground tunnels, which resulted in waste building up in cones on the surface.
The vast tunnel network apparently allows safe access to a sporadic food supply, similar to naked mole-rats, which also live in arid regions and construct very extensive burrow networks to obtain food, the researchers said.
"It's incredible that, in this day and age, you can find an 'unknown' biological wonder of this sheer size and age still existing, with the occupants still present," Martin said.
The researchers said there are still many unanswered questions about the termite colonies, including the exact physical structure of the nests. No queen chamber for the species has ever been found.
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by the Jerusalem Center for Public Affairs
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U.S. Reporter Killed in Iraq "Because He Was to Marry a Muslim" - Fraser Nelson (Scotsman-UK)
� � American journalist Steven Vincent, who was shot dead in Basra, Iraq, last week, was executed by Shiite extremists who knew he was intending to marry his Muslim interpreter, it has emerged.
� � Vincent was shot a week before his planned wedding to Nouriya Itais, and had already delivered a $2,500 dowry to her family.
Pentagon Team Spotted 9/11 Leader a Year Before Attacks - Douglas Jehl (New York Times)
� � More than a year before the Sept. 11 attacks, a military intelligence unit identified Mohammed Atta and three other future hijackers as likely members of a cell of al-Qaeda operating in the U.S., according to a former defense intelligence official.
� � In the summer of 2000, the military team, known as Able Danger, prepared a chart that included visa photographs of the four men and recommended that the information be shared with the FBI, the former official said Monday.
� � The team had been established by the Special Operations Command in 1999, under a classified directive issued by Gen. Hugh Shelton, then the chairman of the Joint Chiefs of Staff, to assemble information about al-Qaeda networks around the world.
� � "Ultimately, Able Danger was going to give decision-makers options for taking out al-Qaeda targets," the former official said.
8 Out of 10 Australian Islamic Leaders Won't Condemn Bin Laden - Liam Houlihan (Herald Sun-Australia)
� � Responding to a survey, 8 out of 10 Islamic spiritual leaders who preach to hundreds of Muslims in Victoria each day refuse to accept that Osama bin Laden was responsible for the September 11 attacks - ignoring his own confession.
Into the Underworld - Marie Colvin (Sunday Times-UK)
� � For Gaza tunnel smugglers, the profits are huge. A Kalashnikov sells for $200 on the Egyptian side, but fetches $2,000 on the Gaza black market.
� � A good night's delivery is 1,200 Kalashnikovs - a profit of more than $2m.
� � Bullets - 50 cents in Egypt, $8 wholesale in Gaza - are even more profitable. A standard one-night delivery returns a profit of $750,000.
� � The tunnels are financed by wealthy families who run the tunnels as businesses. They rent the passage to anyone who pays $10,000 for one night's use.
Latest News on Disengagement
� (Conference of Presidents)
Israel HighWay
Britain and U.S. Warn Iran Over Links with Iraq Rebels - Thomas Harding and Francis Harris
Britain formally protested to Iran Wednesday over its growing interference in Iraq's internal affairs, citing the smuggling of sophisticated explosives that threaten to send coalition casualties soaring. The move came after British and American intelligence officials said they uncovered evidence that Iran's Revolutionary Guard was providing deadly "shaped" charges to Iraq's insurgents. They are also thought to be providing training and other weapons. Britain's statement came hours after Donald Rumsfeld, the U.S. defense secretary, also accused Iran of smuggling weaponry. (Telegraph-UK)
� � See also Iran Removes UN's Nuclear Seals
Iran has broken all the remaining UN seals at its nuclear plant at Isfahan, making it fully operational. (BBC News)
Gaza Withdrawal a Test for Palestinian Statehood - Wafa Amr
As Palestinians prepare to celebrate Israel's pending pullout from Gaza, their leaders face the formidable challenge of proving they can run a territory peacefully. For any chance of winning statehood, they must dim the appeal of violence by bringing good government and economic hope to Gaza, officials and diplomats say. "This is a test. We need to convince the world we deserve a state that would be a stabilizing factor in the region. If we fail, history will not forgive the Palestinians," said Jibril al-Rajoub, security adviser to Mahmoud Abbas. (Reuters)
Presbyterians Target Companies Linked with Israel
The Presbyterian Mission Responsibility through Investment Committee accused five companies Friday of contributing to "ongoing violence that plagues Israel and Palestine" and pledged to use the church's multimillion-dollar stock holdings in the businesses to pressure them to stop. The targeted companies are Caterpillar, Citigroup, ITT Industries, Motorola, and United Technologies. David Elcott, head of interreligious relations for the American Jewish Committee, contended the Presbyterian strategy was meant to "punish and attack" Israel. He said he was particularly upset by the timing of the announcement, two weeks before Israel prepares to withdraw from the Gaza Strip. (AP/Houston Chronicle)
Al-Qaeda Man in Turkey Says He Planned to Attack Israeli Ships
A suspected Syrian al-Qaeda militant appeared before a Turkish court Thursday to face charges, and shouted to journalists that he was planning to attack Israeli cruise ships on Turkey's Mediterranean coast. (AP/Ha'aretz)
� � See also Travel Advisory Remains Despite Reports of Arrests in Turkey - Herb Keinon
The government's travel warning urging Israelis not to go to the southern Turkish coast remained in place Wednesday, as contradictory reports emerged regarding whether an al-Qaeda cell planning attacks against Israelis had been apprehended. (Jerusalem Post)
IDF on High Alert Along Northern Border - David Rudge
IDF troops along the northern border have been placed on a high state of alert and preparedness in case of any attempted attacks from Lebanon prior to or during disengagement from the Gaza Strip. Reports in the Lebanese press on Tuesday said Hizballah had also increased the alert level of its forces deployed on the Lebanese side of the border. According to military assessments, Hizballah is still anxious to try and kidnap IDF soldiers to use as bargaining chips in any future prisoner exchange deals. (Jerusalem Post)
No Rush for a Palestinian State - Ehud Ya'ari
The Palestinian leadership, it may transpire, is not so keen on the independence that's being offered it. The mood in the ranks of important parts of the Fatah movement is: a state? Surely, but only under terms that leave open the option of resuming the conflict - no security barrier, no waiving of the "right of return," no agreement to Israel's retention of "settlement blocs." And, Palestinian leaders of the highest rank say in private conversations, if such a state is not immediately attainable, why, there's no reason to rush.
� � In the Gaza Strip, the de facto independence that the Palestinians will achieve without paying any price will not be used to construct a model of successful sovereignty, but rather will become a base for the struggle for the West Bank and Jerusalem. They will refuse to see the withdrawal as an end either to the occupation of the Strip or to the terrorist activity emanating from it. (Jerusalem Report)
Why Are Jacques Chirac and Ariel Sharon Embracing Each Other? - Daniel Schwammenthal
For a long time, France's pro-Palestinian policy seemed to have only advantages for the French, gaining them Arab sympathies and lucrative business deals, including arms contracts, in the Arab world. But their anti-Israeli policy and the near hysterical Israel-bashing in the French media also contributed to a dramatic rise in anti-Jewish attacks by French Muslims. France suddenly had to pay a price for its policy - it imported the intifada to France. Politicians and the media were genuinely outraged that French citizens of Jewish descent could no longer feel safe at home. They disliked being called Europe's most anti-Semitic country. Further inflaming the French Muslim population is also not a good idea in light of the increased threat of home-grown Islamic terrorists.
� � France's traditional Arab sphere of influence outside the Maghreb - Baghdad, Beirut, and Damascus - is falling apart. Saddam Hussein is gone and Iraq is no longer a French domain. In Lebanon, the assassination of Rafik Hariri, a close friend of Mr. Chirac, pushed the French president to a much more radical approach regarding Syria. France's newfound determination to eject the Syrians from Lebanon suddenly saw Mr. Chirac aligned with the U.S. and Israel. (Wall Street Journal, 7Aug05)
Not a Single Bullet for the PA - Uri Dan
In an interview given by Prime Minister Sharon at the end of a recent visit to Paris, he once again explained: The fact that PA leader Abbas had reached agreement with Hamas and the other Palestinian terrorist organizations instead of dismantling them had made him their hostage and raised considerable doubts regarding his ability to progress toward the implementation of the road map.
� � IDF Chief of Staff Lt.-Gen. Dan Halutz said the PA has enough arms and ammunition to dominate Hamas and Islamic Jihad in the Gaza Strip. Sharon doesn't intend to give them a single bullet. (Jerusalem Post)
Why Tolerate the Hate? - Irshad Manji
The government of Prime Minister Tony Blair of Britain has proposed new laws to deport extremist religious leaders, to shut down the mosques that house them, and to ban groups with a history of supporting terrorism. As Westerners bow down before multiculturalism, we anesthetize ourselves into believing that anything goes. We see our readiness to accommodate as a strength - even a form of cultural superiority. Radical Muslims, on the other hand, see our inclusive instincts as a form of corruption that makes us soft and rudderless. They believe the weak deserve to be vanquished. (New York Times)
President of Israel to Gaza Evacuees: I'm Sorry - Shani Mizrachi
(Ynet News)
In a special address to the nation Wednesday, President Moshe Katsav turned to Gaza and northern West Bank would-be evacuees and apologized for removing them from their homes:
On behalf of the State of Israel, I ask you, the settlers, for forgiveness, over the demand that you leave after dozens of years of construction and victims.
We know your settling in the territories was an act of conscience that was also carried out in accordance with Israeli government decisions. You have established thriving settlements and raised generations of children and youth who glorify Israel.
We are in awe of how you have heroically faced the dangers - the thousands of bombs, Kassam rockets, and terror attacks. You have risked your families' and your own lives for the ideal and faith, and you have known pain and bereavement.
After a year of hard-fought battles and intense deliberations - the time has come. You must respect the authorities' decisions.
You must save your strength for the battles that are awaiting us. Even those who support the pullout realize the real fight is over the eastern border.
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UK Special Forces in Iraq Seek to Capture British Jihadis - Mark Nicol (Mail on Sunday-UK)
Elite troops from Britain's SAS and the Special Reconnaissance Regiment (SRR) are conducting operations inside Iraq, which could lead to the capture of the killer of U.S. journalist James Foley.
A "significant force" of SAS soldiers has deployed to northern Iraq, joining Iraqi and Kurdish units fighting IS, in an attempt to capture British jihadis.
Egypt and UAE Launch Airstrikes Against Islamists in Libya - David D. Kirkpatrick and Eric Schmitt (New York Times)
Twice in the last seven days, Egypt and the United Arab Emirates have secretly launched airstrikes against Islamist-allied militias battling for control of Tripoli, Libya - without informing Washington - senior American officials said.
Since last year, the new Egyptian government and its backers in Saudi Arabia and the UAE have launched a campaign across the region to roll back the threat posed by Islamist groups like the Muslim Brotherhood.
Arrayed against them and backing the Islamists are Turkey and Qatar.
Iran-Backed Group Implicated in Attack on Israel Embassy in Georgia - Bayram Kaya (Zaman-Turkey)
An investigation into the Tawhid-Salam cells working for the Iranian Revolutionary Guard Corps' (IRGC) Quds Force in Turkey has uncovered a connection to the failed bombing attack against an Israel Embassy staff member in the Georgian capital of Tbilisi on Feb. 13, 2012.
Naser Ghafari, one of the commanders assigned to Turkey by the IRGC, instructed Huseyin Yazicioglu, a Turkish citizen who has been working for Iranian intelligence, to conduct surveillance in Tbilisi.
Ghafari operates under the cover of a diplomatic passport attached to the Iranian Consulate in Istanbul.
How Israeli Teens' Kidnappers Evaded Army after Murders - Chaim Levinson (Ha'aretz)
Marwan Qawasmeh and Amer Abu Aisheh, the murderers of three Israeli teens in the West Bank in June, are still at large. Others involved in the kidnapping have been apprehended and are standing trial.
Following the arrest of Hussam Qawasmeh, who organized and funded the kidnapping, security officials learned that the kidnappers had intended to kill the teenagers all along.
Later, both murderers hid in an unused cesspool, which was covered in earth and furnished with a small breathing pipe. The two emerged after five days, then disappeared.
Security forces estimate that they are still in the area, armed and desperate.
Over 190 Hollywood Notables Sign Pro-Israel Statement Criticizing Hamas (Hollywood Reporter)
"Hamas cannot be allowed to rain rockets on Israeli cities," reads a statement signed by more than 190 entertainment execs, actors, producers and showrunners including Sarah Silverman, Minnie Driver, Sylvester Stallone, and Arnold Schwarzenegger.
The statement was circulated on Saturday by Lana Melman, director of the Creative Community for Peace organization. A full list of names who signed the "Commitment to Justice and Peace" statement is here.
Fair Use/Privacy
Gaza Attacks Trigger Israeli Exodus from Gaza Border - Ian Deitch
With Palestinian mortar fire raining down on their communities, hundreds of Israelis left their homes along the border with Gaza on Monday. Officials estimate that 70% of the 40,000 inhabitants of the farming communities along the Gaza border have left over the course of the fighting. Fields that once yielded vegetables and flowers are barren and pockmarked by Palestinian mortar shells. Israel's missile defenses have been largely ineffective against short-range mortar fire - a deficiency underscored when a 4-year-old boy was killed Friday by a Palestinian mortar shell. The military said Monday that the mortar that killed the boy was fired several meters away from a school in Gaza.
Elazar Ashtivkar, a 30-year-old father of four, left Nahal Oz, the scene of the deadly attack, several weeks ago with his family. He said nearly all of the residents have left. Only a few workers in charge of taking care of the cows along with some security personnel remain. (AP)
U.S. Working at UN on Gaza Cease-Fire Draft - Louis Charbonneau
The U.S. has prepared its own draft outline for a UN resolution demanding a cease-fire between Israel and the Palestinians in Gaza and is now working with European powers and Jordan on a joint text, diplomats said on Monday. "What's important is that the Americans are engaging and there's a new momentum in pushing for a cease-fire resolution in the Security Council," a UN diplomat said. Diplomats said Israel received the draft over the weekend. An Israeli official said, "this is still under negotiation." (Reuters)
Syria Warns Against U.S. Airstrikes on Islamic State on Its Soil - Liz Sly
Syria warned the Obama administration Monday not to extend its air war against the Islamic State into Syria. President Obama last weekend authorized reconnaissance flights with manned and unmanned aircraft over potential Islamic State targets in Syria. On Monday, Syrian Foreign Minister Walid al-Moualem signaled that Damascus would not tolerate unilateral U.S. strikes against the extremists even in areas of the country the government no longer controls. "Any breach of Syrian sovereignty by any side constitutes an act of aggression," he said. (Washington Post)
Palestinian Rocket Strikes Ashkelon Home, Six Wounded
Six people were lightly wounded from glass shards when a rocket fired from Gaza hit a home in Ashkelon on Tuesday morning. Among the wounded are three children aged 5 to 8. (Ynet News)
See also Rockets Rain on Israel from Gaza - Ilana Curiel
Palestinians in Gaza fired more than 130 rockets at Israel on Monday. Four made direct hits on structures. Rockets were also fired into Israel from Lebanon. The IDF fired on positions in Lebanon in retaliation. (Ynet News)
Palestinians Fire Rockets at Israel from Hospital, Schools - Yaakov Lappin
Hamas set a "classic humanitarian trap" and attempted to get Israel to kill Gazan civilians when it fired rockets from rooftops, the Shuhada medical center, and two schools used as evacuation centers for civilians in Gaza's Shati neighborhood, a senior Israel Air Force officer said Monday. The air force is continuing to target Hamas operatives responsible for rocket fire. (Jerusalem Post)
Can Israel Win a War of Attrition? - Ron Ben-Yishai
It is enough that Hamas keeps launching rockets and says it is winning to make the Arab world and Gazans believe that it has the upper hand. In Israel, on the other hand, we tell the truth and do not try to dress it up. Every Israeli knows that residents of the south have left until the storm has passed. Hamas has prepared for the current conflict for at least five years. It has thousands of short-range rockets and mortars, as well as hundreds of medium-range rockets, and could keep firing for at least another month. (Ynet News)
Time to Confront Qatar for Supporting ISIS - Jack Keane And Danielle Pletka
The time has come to confront the government of Qatar, which funds and arms ISIS and other Islamist terrorist groups such as Hamas. The tiny Gulf potentate has never had to choose between membership in the civilized world or continuing its sponsorship of regional killers. The U.S. has the most leverage. We have alternatives to our Combined Air and Operations Center in Doha, the al Udeid air base, other bases and prepositioned materiel. We should tell Qatar to end its support for terrorism or we leave. Gen. Keane, former vice chief of staff of the U.S. Army, is the chairman of the Institute for the Study of War. Ms. Pletka is senior vice president for foreign and defense policy studies at the American Enterprise Institute. (Wall Street Journal)
The Skewed Coverage of Western Media in the Gaza War - Richard Behar
Journalists working for American news outlets have "become part of the Hamas war machine" in the ongoing war in Gaza, notes Gary Weiss, one of the world's top business investigative reporters. On Aug. 11, the normally Israel-averse Foreign Press Association in Israel condemned the terrorist group for "the blatant, incessant, forceful and unorthodox methods employed by the Hamas authorities and their representatives against visiting international journalists in Gaza over the past month."
Since the war began on July 8, so much of the Western coverage has been predictably skewed against Israel - through those time-honored journalism tools of sloppy and lazy reporting, superficiality, nuance, omission, lack of historical knowledge, or flat-out agenda-driven lies and bias. "We're talking about journalism that functions as a tool of a terrorist organization, Hamas: breathlessly pushing its narrative, whether cowed by its threats, sympathetic to its cause, or simply ignorant," says Weiss.
This epidemic of journalistic malpractice is contributing to the pain and loss of life that Palestinians in Gaza are suffering - as it helps to empower Hamas. In turn, this no doubt helps spread oil on the rising and frightening anti-Semitism we're seeing in Europe and elsewhere.
The arithmetic of civilian casualties in Gaza is one of the principal media crimes in this war. Major Western journalists routinely swallowed the huge civilian-casualty figures dished out to them by Gaza's Ministry of Health, a bureaucratic arm of a terrorist group that was shown to have lied about such figures in past wars. In some cases, reporters cite numbers instead from the UN, which gets its numbers from - surprise - the Hamas ministry. (Forbes)
Is the UN Responsible for War Crimes? - Nadav Shragai
The Gaza branch of UNRWA uses school textbooks that teach jihad against Israel and some of its institutions have been taken over de facto by Hamas. The teaching staff has been infiltrated by terrorists and operatives of terrorist groups, and its institutions served as launching sites for rockets and mortar shells fired at Israel. Hamas has been in control of UNRWA's workers' union for many years.
Dozens of activists in the Al-Qassam Brigades started out as activists in Hamas' Islamic Bloc in UNRWA schools, notes Lt. Col. (ret.) Jonathan D. Halevi. Dr. Arnon Groiss has studied 150 textbooks used in UNRWA schools, and found that these books encouraged violent struggle against Israel. These textbooks also contain expressions of hatred against Jews and Israel, false information that negates the Jewish and Israeli presence in Israel, portrays the Jewish holy sites as Islamic sacred sites that were stolen from Muslims, and ignores Israel's presence almost completely.
According to Halevi, Hamas' partial takeover of UNRWA's institutions should sound the alarm regarding the possibility that funds from donor countries, including the U.S. and Canada, are being used to pay the salaries of Hamas and Islamic Jihad operatives. (Israel Hayom)
An Insider's Guide to the Gaza War - Matti Friedman (Tablet)
The way the Gaza war has been described and responded to abroad has laid bare the resurgence of an old, twisted pattern of thought - namely, a hostile obsession with Jews. News organizations believe Israel to be the most important story on earth, or very close.
If you follow mainstream coverage, you will find nearly no real analysis of Palestinian society or ideologies, profiles of armed Palestinian groups, or investigation of Palestinian government. The West has decided that Palestinians should want a state alongside Israel, so that opinion is attributed to them as fact, though anyone who has spent time with actual Palestinians understands that things are more complicated.
Every flaw in Israeli society is aggressively reported. In one seven-week period (Nov. 8 to Dec. 16, 2011), I counted 27 separate AP articles, an average of a story every two days, on the various moral failings of Israeli society - a tally higher than the total number of critical stories about Palestinian government and society that our bureau had published in the preceding three years.
Any veteran of the press corps here knows that Hamas intimidation of reporters is real. As an editor on the AP news desk during the 2008-2009 Gaza fighting, I personally erased a key detail - that Hamas fighters were dressed as civilians and being counted as civilians in the death toll - because of a threat to our reporter in Gaza. The policy remains not to inform readers that a story is censored unless the censorship is Israeli.
The fact is that Hamas intimidation is largely beside the point because the actions of Palestinians are beside the point: Most reporters in Gaza believe their job is to document violence directed by Israel at Palestinian civilians. Many of the people deciding what you will read and see from here view their role not as explanatory but as political. Coverage is a weapon to be placed at the disposal of the side they like.
The land that Israel controls consists of the 0.2% of the Arab world in which Jews are a majority and Arabs a minority. The conflict is more accurately described as "Jewish-Arab" - a conflict between the 6 million Jews of Israel and 300 million Arabs in surrounding countries (or, more broadly, 1 billion Muslims worldwide). Yet the "Israeli-Palestinian" framing of the story allows the Jews to be depicted as the stronger party.
When journalists cover the Jews' war as more worthy of attention than any other, when they portray the Jews of Israel as the party obviously in the wrong, when they omit all possible justifications for the Jews' actions and obscure the true face of their enemies, international press coverage has become a morality play starring a familiar villain.
The writer was a reporter and editor in the Jerusalem bureau of the Associated Press (2006-2011).
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Jackie Chan Visits Oxford
Martial Arts icon talks about his film and charity work at the Sheldonian.
Glenn Watson May 25, 2008
Daily Info joined the sell-out audience as the incomparable Jackie Chan appeared at the Sheldonian Theatre – special guest of Oxford University’s PPE Society – in aid of the Chinese earthquake relief fund.
There were queues around the block as world-wide superstar Jackie Chan took centre stage at Oxford’s Sheldonian Theatre last week.
Known throughout the world for his acrobatic martial arts movies, Jackie Chan is an icon bigger – probably - than Buster Keaton or even Bruce Lee. Known, too, as an all-round good guy, his fanbase reaches round the world, and to all ages. Less known is Jackie’s philanthropy. And it’s this interplay of excellence and ethics that led the University’s Philosophy, Politics and Economics Society to invite Chan to Oxford.
None was more amazed than Jackie himself that he accepted. “I couldn’t sleep last night - so scared! Why did I accept? Oxford’s no ordinary school – what can I say to you? I’m just here as me, no speeches. What do you want to know?” And so began nearly two hours of highly entertaining and revelatory conversation between Chan and his audience.
Beginning with Jackie’s childhood years at the Peking Opera School – ten years of kicking, punching, acrobatics and singing – Chan energetically and entertainingly recounted his ambitious rise through Hong Kong’s film industry. “My first job – I played a dead person! But I learned about films by watching the director, cameraman. Soon they wanted a stuntman. Then a stunt co-ordinator. Most stunt people never learn. But I wanted to learn all about the movie business.”
And it’s there that you meet the real Jackie Chan and the key to his success in films and in financing so many world-wide charity projects. “I didn’t go to school – but I was born clever!” Honest about his early superstar years when all he cared about was “the number of zeros” on the paycheck, Jackie’s real passion now isn’t movies – it’s his foundations providing education, healthcare and shelter.
In a series of video clips, Jackie showed the audience the extent of his charitable activities. The event itself, in a packed Sheldonian, was in aid of the Chinese earthquake relief. Less charitable onlookers might have baulked at such a display of giving – but that would’ve missed the point.
Talking to an audience primarily of young students, Jackie clearly had a message – you can change the world too. “When you have confidence, people listen to you. It would have been easy for me to follow Bruce Lee. But to find your own way – that’s the challenge. That’s my message to you - find your own way!”
Genuinely thankful for western aid to China in the aftermath of the recent earthquake, Chan speaks from the heart. Some might say his school-building projects across China and his whole-hearted support for China’s staging of the Olympics, ducks the issue of Chinese politics and control. Perhaps surprisingly the audience never asked any political questions.
The only potentially tricky query – ‘If you met the Dalai Lama, what would you talk about?’ – was met with Chan’s brand of canniness. “I’d talk about movies! That’s all I know. I don’t know anything about politics”.
But for several in the audience it was simply a chance to indulge in self-centred fanship – can you sign my tee-shirt? Can I be in your next film? Can I kiss you? Disappointing for most of the audience and probably for the organizers too, and especially from a world-class university: if Chan hadn’t upped the tone with his own charity-videos, you suspect there’d have been more low-rent interjections. The irony probably wasn’t lost on Jackie.
But when he donned his Oxford University hoodie at the end of the evening, and stood proudly wearing the word ‘Oxford’, it really came home to everyone that Jackie Chan was here! Beaming happily - “I could chat all night now!” - Chan clearly enjoyed his time. And the multi-cultural audience did too.
In an age of hollow celebrity and multi-million paychecks, Jackie Chan is the last of his kind – a super-talented superstar with an unspoiled heart of gold. Appropriate, after all, that the youth of a world-class university should want to bring him to Oxford: we can all learn a thing or two from Jackie Chan.
See also: Jackie Chan question and answer session
© Daily Information 2021. Printed from https://www.dailyinfo.co.uk/feature/3070/jackie-chan-visits-oxford
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The CSSB Investment Team
Peter Josephson, CFA: Chief Investment Officer
Peter has been with the investment team since 1999, after his tenure as Executive Vice-President & Chief Investment Officer with a large investment management firm. He has been involved with managing money, establishing asset mix strategies, and making major investment decisions for all asset classes.
Clancy Ethans, CFA: Managing Director, Alternative Assets and U.S. Equities
Clancy joined the investment team in December 2009 following his tenure of seven years as the Chief Investment Officer of Richardson Partners Financial Limited. Before that he invested in private equity opportunities for the James Richardson & Sons, Limited. Prior to that, he managed a $500 million Canadian equity fund for a large Manitoba pension fund.
Canadian Equities
Jamie Chopek, CFA: Manager, Canadian Equities
Jamie graduated from the University of Manitoba’s I.H. Asper School of Business and joined the CSSB investment team in 2004. In 2007 he became a CFA charterholder. Jamie currently manages the internal Canadian Equity portfolios.
Mandy Braun, CFA: Analyst, Canadian Equities
Mandy graduated from the University of Manitoba’s I.H. Asper School of Business in 2013. She was a recent competitor in the CFA’s 2013 Global Investment Research Challenge. As a new addition to the CSSB investment team, Mandy will be focused on the Canadian equity market.
Kris Drobot: Analyst, Canadian Equities
Kris graduated from the University of Manitoba's I.H. Asper School of Business in 2016 and joined the CSSB investment team later that year. Kris is responsible for providing research, analysis, and recommendations on Canadian equities.
U.S. Equities
Stephen Gannon, CFA: Manager, U.S. Equities
Stephen graduated from Manitoba's I.H. Asper School of Business and in 2005 became a CFA charterholder. Prior to joining the CSSB investment team in 2009, he worked for 10 years at an investment management firm in Winnipeg. Stephen currently manages the internal U.S. Equity portfolios.
Maury Donen, CFA: Assistant Manager, U.S. Equities
After seven years in the private equity sector, Maury joined the investment team in 2003. He is responsible for leading detailed financial and operational due diligence and post investment monitoring on Fund investments based in the U.S. financial markets. Maury is currently the Past President of CFA Winnipeg.
Chris Wutzke, CFA: Assistant Manager, U.S. Equities
Chris graduated from the University of Manitoba’s I.H. Asper School of Business and joined the CSSB investment team in 2001. In September 2006 he became a CFA charterholder. Chris is responsible for the research, analysis, and recommendation of U.S. equities.
Tanner Prasek, Research Analyst, U.S. Equities
Tanner graduated from the University of Manitoba’s I.H. Asper School of Business in 2013 and spent time in Wealth Management and Treasury before joining CSSB in 2018. In August 2017, he completed his CFA exams and will receive the charter after completion of required work experience. Tanner is responsible for providing research, analysis, and recommendations for the US equity portfolios.
Candy Wong, CFA: Manager, International Equities
Candy graduated from the University of Manitoba’s I.H. Asper School of Business and joined the CSSB investment team in 2004. In September 2006 she became a CFA charterholder. Prior to joining the CSSB investment team, Candy worked at an investment management firm for two years. She currently manages the internal International Equity portfolio.
Ian Cameron, CFA: Senior Manager, Real Estate
Ian graduated from the University of Manitoba’s I.H. Asper School of Business in 2005 and joined the CSSB investment team in 2009. In October 2010 he became a CFA charterholder. Prior to joining the CSSB investment team, Ian worked at an investment management firm. Ian currently manages our internal Real Estate portfolio.
Brent Muio, P.Eng., CFA: Senior Analyst, Alternative Investments & Real Estate
Brent graduated from Carleton University’s Aerospace Engineering program and in 2016 became a CFA charterholder. Prior to joining the CSSB investment team in 2017, he worked for 12 years in the Aerospace and Utility industries. Brent is responsible for providing research, analysis and recommendations to the Alternative Investments (Infrastructure, Private Credit & Private Equity) and Real Estate portfolios.
Sean Morgan, CFA: Analyst, Fixed Income
Sean graduated from the University of Manitoba's I.H. Asper School of Business in 2008 and joined the CSSB investment team in 2011. In April 2012 he became a CFA charterholder. Prior to joining the CSSB, he worked at a commercial finance company for three years. Sean is responsible for providing research, analysis and recommendations to the Fixed Income portfolio.
Georgina Evanchow: Investment Assistant
Georgina has been with the investment team since November 2004. She worked previously at a large investment management firm for over 15 years. Georgina is responsible for the short-term investment portfolio and daily administrative support.
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You Won’t Believe Why Washington State Isn’t Allowed to Prepare for Nuclear War
Joshua Krause
If the government was able to take care of everyone during any foreseeable disaster, there probably wouldn’t be a thriving prepper movement today. So many people have taken it upon themselves to prepare for disasters, because they know how the government often reacts to crisis situations. Our government’s response to disasters is often slow and lacking, and the victims of these events are frequently forced to fend for themselves. Still, what they do is better than nothing, and at least at the local level first responders do a great job.
With that said, there’s an expectation among most people that when disaster strikes, the government will do something. And worst case scenario, sometimes there are disasters that the government doesn’t foresee, and they simply don’t have a plan. However, most people don’t realize that sometimes, not only does the government not have a plan, they deliberately avoid making a plan for political reasons.
That may sound totally asinine, but it’s absolutely true. Especially in the state of Washington. With all the hype surrounding North Korea’s missile tests, many states are reexamining their nuclear preparedness plans, except in Washington, where apparently it’s illegal for state authorities to even make those plans. According to King5 news out of Seattle:
Despite the constant threats and missile tests coming out of North Korea, emergency management officials in Washington state say they are prevented from forming an evacuation plan in the event of a nuclear attack.
“State law does not allow any advanced planning,” said Karina Shagren with the Washington State Emergency Management Division.
RCW 38.52.030, passed in 1983, says “The comprehensive, all-hazard emergency plan authorized under this subsection may not include preparation for emergency evacuation or relocation of residents in anticipation of nuclear attack.”
Can you believe that? You might be wondering why any government would actively refuse to prepare for a nuclear war. It turns out that the only thing dumber than this law, is the reason why it exists.
The author of the state law preventing a nuclear attack plan, former Democratic state lawmaker Dick Nelson, says at the time, Washington state was inundated with nuclear threats, and the idea was to create an example of peace.
“It was about finding a middle ground we could all agree on,” he said.
Nelson also felt that if Seattle were to be attacked, the chances of survival would be so low that a preparation plan would have been moot anyway.
Today, Nelson still says he has no regrets.
So in other words, the state decided that refusing to prepare for a nuclear war would send the message that nuclear war is bad and peace is good…or something. I’m struggling to follow the logic here.
It’d be like refusing to prepare for hurricanes, because hurricanes are bad and destructive. It doesn’t make any sense. Trying set a peaceful example by refusing to prepare for war; a preparation that I might add is totally non-violent and only exists to save civilians, doesn’t do anything to actually reduce the probability of that war happening. It doesn’t bring more peace to the world, and it doesn’t save anyone. With this law, Washington has traded the safety of many of their citizens for a shallow political statement.
This article originally appeared at Tess Pennington’s ReadyNutrition.com
Joshua Krause was born and raised in the Bay Area. He is a writer and researcher focused on principles of self-sufficiency and liberty at Ready Nutrition. You can follow Joshua’s work at our Facebook page.
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Paleobiology Scientist!
Remembering Raup
Dr. M July 31, 2015 ChicagoDavid RaupevolutionextinctionobituraryPaleobiology
I asked my friend and colleague Roy E. Plotnick, paleontologist and faculty in the Earth and Environmental Sciences at the University of Illinois at Chicago, to write a post about his former advisor David Raup. What I received from Roy, the post below, is a warm tribute full of heartfelt admiration and playful anecdote.
David M. Raup, as most of us remember him. Photo courtesy Rochester Democrat and Chronicle
The picture to the left is how many of his former students remember famed paleontologist David Raup (1933-2015): with a cigarette firmly in his mouth or hand. His nicotine addiction was more than once a source of amusement. The other students and I would often sit in the department lounge, with Dave holding forth while dropping his ashes into a Styrofoam cup. Once he forgot he had done so, and took a sip! Gwen Daley, then an undergraduate at the University of Chicago, remembers “We used to ask questions at the end of class to see how long he could resist before dashing to his office for a nicotine fix. When he started ‘smoking’ the chalk, we knew it wouldn’t be long.” Former University of Rochester graduate student Kraig Derstler, remembers him “crushing a piece of chalk into the ashtray while deep into a paleo-thought. And dumping his ashes into his pants cuff when there was no ashtray.” But behind these clouds of smoke and piles of ashes, was a scientist of boundless creativity and one of the most seminal figures in creating the modern day discipline of paleobiology.
David Raup’s prolific work profoundly shaped how we analyze the history of life on Earth and the interaction of life and geological processes. His work is expansive, ranging from fundamental contributions in how we view the form of ancient organisms to the development of analytical methods to describe the fossil record and perhaps most importantly the mechanisms and impacts of mass extinctions. More than anyone else, he introduced computers as a key tool for the study of paleontological problems. His seminal textbook with Steven Stanley, Principles of Paleontology (1971, 1978), has been used by generations of paleontologists. His two popular books on extinction, The Nemesis Affair: A Story of the Death of Dinosaurs and the Ways of Science (1986) and Extinction: Bad Genes or Bad Luck? (1991), are still widely read and discussed.
Raup is known as a key member of the “Chicago school” (aka the “Chicago mafia” to some), the group of paleontologists at the University of Chicago who trained many of the leading younger scientists in the discipline with continued influence on the field. Prior to coming to Chicago, however, he was a member of the faculty at the University of Rochester. This is the time I knew him best and where I did my master’s under his guidance. For a short time, this was one of the leading paleontology programs in the country; along with Dave, the faculty included other prominent paleobiologists including Jack Sepkoski and Daniel Fisher. But my interactions with David were vital to my career and shape how I view the dynamics of the biological world. He taught us all how to think about paleontology in the way that he did. I still have the syllabus for his advanced paleontology class, unique at the time in that it was a paleontology course taught effectively without fossils! It was a great introduction to the analytical methods and concepts that Raup pioneered. My thesis, on Geomagnetic Reversals and the History of Life, drew heavily on the probabilistic concepts that I learned from him. Given his love of statistics and random processes, I am not shocked by the rumor that Raup put himself through college playing poker.
Dave was actually somewhat proud of the fact that he did not directly study fossils themselves; in his Presidential Address to the Paleontological Society (1978), he stated “I feel in a somewhat strange position today as the first president of the Society who has never described a species.” Kraig Derstler, now a professor at the University of New Orleans, recalls that Dave was once asked if he had touched a fossil recently. He said that he kept one on his desk so he could roll it around occasionally. He was also given some grief about this. I recall that Bernie Kummel (Raup’s Ph.D. advisor at Harvard) visited Rochester. At the beginning of the talk, he called Dave forward and handed him a fossil, with instructions to have it identified by the end of the presentation. Although I do remember going on a field trip with him, then graduate student Lee Gray (now at Mt. Union College) recollects that the undergraduate student geology organization at Rochester asked Raup if he would like to attend a field trip: “His reply was, ‘No, I might get my hands dirty.’”
When discussing papers in seminar, Raup encouraged us to be highly critical. But, as Derstler recalls “we started to notice that Raup never went negative…We started wondering if he could critique a paper with the same enthusiastic feeding frenzy that we displayed. He showed up for a seminar that week and spent 5 minutes masterfully, colorfully ripping the paper a new one, then sat down, lit a cigarette, and smiled with that wide grin. After a long, silent pause, he returned to Raup mode, ignoring the crap and discussing the good stuff buried within the paper.” And Alan Cutler (former U. Rochester graduate student, author of an authoritative biography of Steno) adds: “I definitely learned more about critical thinking from him than from anyone else in my academic career. I also learned that there was more than one way of being a “real” paleontologist. “
Dave at the time of his departure from Rochester, 1978, showing the “Dave grin” From the Campus Times.
In 1978 Raup decided to leave, to become head of the Department of Geology at the Field Museum of Natural History in Chicago. As he put it at the time: “Chicago has become the natural center for the area of scholarship in which I am interested.” The impact on the graduate students at Rochester was devastating. Most of us immediately started to plan to leave. Unfortunately, the decision was announced in mid-February, far too late for most graduate school applications. The faculty aided some of us (I ended up with Sepkoski in Chicago), but there was also the feeling that “triage” was going on, that certain of us would be helped and others left to fend for themselves. The suggestion was made that the picture of Dave grinning in the school paper (Right) be made in to a t-shirt with the phrase “Just Another Random Walk.” A less charitable suggestion was “So Long Suckers!”
Raup went on to have the rest of his career in Chicago, first at the Field Museum, then at the University of Chicago. Unfortunately, I had far fewer interactions with Raup in Chicago. He became a full time member of the University of Chicago faculty just as I was finishing my doctoral thesis. Nevertheless, his approach to science profoundly influenced my PhD research and it does to this day. When he retired in 1995 to Washington Island, WI, he effectively said goodbye to paleontology and academia. He sailed, involved himself the local community, and became an inveterate do-it-yourselfer. Cutler remembers seeing a “slightly different side of him when my wife and kids and I visited him on Washington Island. Still not warm and fuzzy, he was much more of a hands-on homeowner than I expected. I thought the only things he did with his hands were punching keyboards and smoking cigarettes, but there he was with that Dave grin showing off the drill press he jury-rigged out of spare parts. Dave never failed to surprise.”
I talked to Dave on the phone occasionally during those years, he seemed to be enjoying life away from science. I wish we had spoken more and that I had taken the opportunity to visit. Last year I nominated Raup for the prestigious Crafoord Prize, which he richly deserved. I regret that my fantasy of calling him with congratulations will never be realized.
Selected Publications of David M. Raup
RAUP, D.M and S.M STANLEY. 1978. Principles of Paleontology (2nd ed.).
RAUP, D.M. 1992. Extinction: Bad Genes or Bad Luck?
RAUP, D.M 1999. The Nemesis Affair: A Story of the Death of Dinosaurs and the Ways of Science.
Journal articles:
RAUP, D. M. 1962. Computer as aid in describing form in gastropod shells. Science (New York, N.Y.), 138(3537):150-152.
RAUP, D. M. 1972. Taxonomic diversity during the Phanerozoic. Science, 177(4054):1065-1071.
RAUP, D. M. 1976. Species diversity in the Phanerozoic: a tabulation. Paleobiology, 2(4):279-288
RAUP, D. M. 1976. Species diversity in the Phanerozoic; an interpretation. Paleobiology, 2(4):289-297.
RAUP, D. M. 1977. Removing sampling biases from taxonomic diversity data. Journal of Paleontology, 51(2):21-21.
RAUP, D. M. 1978. Cohort analysis of generic survivorship. Paleobiology, 4(1):1-15.
RAUP, D. M. 1979a. Size of the Permo-Triassic bottleneck and its evolutionary implications. Science, 206(4415):217-218.
RAUP, D. M. 1979b. Biases in the fossil record of species and genera. Bulletin of the Carnegie Museum of Natural History, 13:85-91
RAUP, D. M. 1988. The role of extraterrestrial phenomena in extinction. Revista Espanola de Paleontologia, 1988(Extraordinario):99-106.
RAUP, D. M. 1991. A kill curve for Phanerozoic marine species. Paleobiology, 17(1):37-48.
RAUP, D. M. 1994. The role of extinction in evolution. Proceedings of the National Academy of Sciences of the United States of America, 91(15):6758-6763.
RAUP, D. M., AND G. E. BOYAJIAN. 1988. Patterns of generic extinction in the fossil record. Paleobiology, 14(2):109-125.
RAUP, D. M., AND S. J. GOULD. 1974. Stochastic simulation and evolution of morphology – towards a nomothetic paleontology. Systematic Zoology, 23(3):305-322.
RAUP, D. M., S. J. GOULD, T. J. M. SCHOPF, AND SIMBERLOFF.DS. 1973. Stochastic-models of phylogeny and evolution of diversity. Journal of Geology, 81(5):525-542.
RAUP, D. M., AND D. JABLONSKI. 1993. Geography of End-Cretaceous marine bivalve extinctions. Science, 260(5110):971-973.
RAUP, D. M., AND A. MICHELSON. 1965. Theoretical Morphology of the Coiled Shell. Science, 147(3663):1294-1295.
RAUP, D. M., AND A. SEILACHER. 1969. Fossil foraging behavior: computer simulation. Science, 166:994-995.
RAUP, D. M., AND J. J. SEPKOSKI. 1982. Mass extinctions in the marine fossil record. Science, 215(4539):1501-1503.
RAUP, D. M., AND J. J. SEPKOSKI. 1984. Periodicity of extinctions in the geologic past. Proceedings of the National Academy of Sciences of the United States of America-Biological Sciences, 81(3):801-805.
RAUP, D. M., AND J. J. SEPKOSKI. 1986. Periodic extinction of families and genera. Science, 231(4740):833-836.
RAUP, D. M., AND J. J. SEPKOSKI. 1988. Testing for periodicity of extinction. Science, 241(4861):94-96.
SEPKOSKI, J. J., R. K. BAMBACH, D. M. RAUP, AND J. W. VALENTINE. 1981. Phanerozoic marine diversity and the fossil record. Nature, 293(435-437).
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Refurbishing Derby's Assembly Rooms would be 'nonsense' says council officer
Tories have said idea would be quarter of cost of new venue
Eddie Bisknell, Local Democracy Reporter
A city council officer has slammed the idea of refurbishing Derby's Assembly Rooms as “nonsense” - because it would have to be knocked down anyway in just two years.
The venue has been closed for the past four years following a fire in a rooftop car park, but in January Derby City Council announced plans for a new 3,000-seater £44 million replacement.
It would involve the demolition of the current 2,000-seater building and car park and be ready for use by autumn 2022.
There have been suggestions that an alternative plan might be to repair the damage to the existing Assembly Rooms.
However, senior officer Greg Jennings said that there would be “no point spending millions, just to knock it down”.
The cost of refurbishing the current venue is thought to be at least £10 million – this includes the replacement of fire-damaged equipment and changes to the foyer.
At a meeting of the council's regeneration and housing scrutiny review board on Tuesday, March 20, Mr Jennings also spoke about the cost of borrowing money to pay for refurbishment compared to the cost of regeneration – building a new venue.
He said that to borrow the money for redevelopment would cost £0.95 million per year, while the cost to refurbish would mean yearly payments of £1.6 million.
The refurbishment option would also mean the council losing an £8.6 million Local Enterprise Partnership grant, it claims.
Mr Jennings said: “It would just be nonsense to refurbish. It would mean spending many millions just to knock it down again - a waste of all that work.
Top Government minister says: don't bulldoze the Assembly Rooms
“When you compare the loss of the LEP grant and the cost of borrowing, and throw in the council tax rise required to rebuild against an ongoing subsidy to refurbish, it just doesn’t make sense – and there is the public opinion which shows 72 per cent to 28 per cent in favour of a new venue."
Mr Jennings, city council acting director of regeneration, property and housing projects, added: “The current venue, particularly the car park, is not fit for purpose. The car park has the best location but is the least popular, and that says it all.
“I would be very surprised if any council administration would ever recommend the idea of spending many millions to refurbish for around two years of use.”
Deputy council leader Martin Rawson (Labour, Derwent) says that to reopen and refurbish the venue would result in half a million pounds in subsidies and another quarter of a million pounds in maintenance costs each year.
'£100m vision could turn Becketwell into a showcase for Derby'
He said: “With any project that creates such significant public interest, there’ll always be misconceptions about how and why we’ve reached our recommendation.
“I want to be clear from the outset: a new music and performance venue has not been chosen because it’s the cheapest option, nor because it’s the option that will open in the shortest timescale.
“But it is the option that residents, businesses and partners have told us they want to see; it is sustainable for the council’s finances and it has the potential to transform the cultural landscape of Derby.
“We all have a tendency to look back with rose-tinted glasses; I too enjoyed many shows and performances at the Assembly Rooms in the past.
Rival councillors goad each other in Derby power battle
“But the fact remains that the venue was unpopular with promoters due to its lack of flexibility and restricted performance spaces.
“The Assembly Rooms is no longer fit for purpose and any refurbishment would only temporarily extend the venue’s lifespan.
“By contrast, a new music and performance venue can serve the city for the next 50 years.
“We simply cannot allow nostalgia to limit our ambitions for the future.”
At Tuesday’s council meeting, councillor Jack Stanton (Labour, Darley) said that there is a need to “get past political posturing” when talking about the Assembly Rooms.
How much Derby council tax will I have to pay in the next year?
He said: “The sustainability of the Assembly Rooms is something we all share, and we now have the promise of a new brilliant city centre venue.”
This comes a week after Conservative Secretary of State for Digital, Culture, Media and Sport, Matt Hancock, visited the vacant venue, along with the city’s Tory leader councillor Matt Holmes.
Mr Hancock said on his visit that the venue appeared to be "in good condition" and that he could see the "big attraction of refurbishing and repairing it".
He said: “It would mean the council would not have to borrow £35 million to build a new Assembly Rooms and also it would not have to put up council tax, like it has, to make the loan repayments.
“The council’s plan is four times the money but I question whether it would be four times better quite frankly.”
The council came THIS close to reopening Derby Assembly Rooms last night
In a consultation last year, the council said it found that 43 per cent of more than 1,000 respondents favoured the creation of a new music and performance venue, followed by 28 per cent for refurbishment, 22 per cent for a Lyric Theatre and seven per cent for a hybrid option.
Following this, in January, the council approved plans to set aside funding for the new build in this year’s budget.
But Mr Holmes claims the Conservatives' own research had 6,371 people respond and of those, 77 per cent wanted to see the place refurbished and not knocked down.
He said: “I think people want to see entertainment back in the Market Place as soon as possible, especially as in the last four years absolutely nothing has happened at all.”
By April the city council aims to start the process of finding a company to run the new venue, alongside preparing design work.
It hopes to submit a planning application in May 2019 and demolish the Assembly Rooms in 2020, with the new venue ready for use come autumn 2022.
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Multi-million pound facelift of Chesterfield estate completed
A number of properties have gone through extensive internal and external improvements
Nick Reid
The Grangewood estate (Image: Fortem Solutions Ltd)
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A £4.4m regeneration project to improve the look and feel of a housing estate in Chesterfield is now complete.
Properties on the Grangewood estate have benefited from a major facelift as part of Chesterfield Borough Council’s commitment to providing quality affordable housing across the borough.
As part of the project Birchwood Court, Grangewood Court, Longcroft Court, Thorntree Court and Stockwell Court have all undergone extensive internal and external improvements.
Councillor Chris Ludlow, Chesterfield Borough Council’s cabinet member for housing, said: “We’re really pleased that the works on the Grangewood estate are complete.
"A key part of our housing strategy is to ensure that our homes are of excellent quality and that we create attractive, modern places that people to choose to live.
"We feel that this has been achieved through this project as it has improved the whole look and feel of the estate.
“Before works started, we consulted with our tenants and their feedback has been taken in to account to ensure that homes in the area meet their expectations and housing needs.”
The project included fully redecorating the communal areas, including the upgrade of lighting and electrical installations to make the areas lighter and brighter for residents.
It also included fitting new secure entrance doors to all blocks and the installation of new fire rated doors to each individual flat.
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The external render and roof coverings on each block of flats have been replaced and concrete repairs have been carried out on communal stairwells to ensure the safety of all residents and visitors.
In response to the climate emergency that was declared last July, the council is committed to ensuring that its existing housing stock is as energy efficient as possible.
As part of this commitment, the windows and insulation in each property and all communal areas have also been upgraded to improve the thermal efficiency of the homes.
Landscaping works have been completed across the whole estate with existing footpaths being renewed to help improve access around the estate and to each property.
Improvements have also been made to street lighting to help create a brighter space for residents and visitors.
Fencing has been installed to enclose each of the outside communal areas to ensure that local families have an outdoor space that they can enjoy safely.
Despite the challenges following the outbreak of Covid-19, the council’s main contractor, Fortem Solutions Ltd., has continued to work safely on site to ensure that the project could be delivered on time.
James Taylor, contracts manager at Fortem, said: “We are tremendously proud of this project, it has truly been a collaborative effort by all parties to make a significant improvement to the area.
“As part of our commitment to inspiring a legacy in the areas we work, we have been overwhelmed with community projects local to Grangewood and have been delighted to support these whilst delivering works.
“Despite the disruption of Covid-19, the scheme has been delivered on time due to the huge efforts of our site team and supply chain partners, whilst ensuring safety remained an absolute priority.
"We are confident that the long-term benefits of these improvements will continue to be felt by the residents for years to come.”
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Can you guess how much Britain's land is now worth?
It's hit a record high
Ruairi Casey
Isaac AsheDeputy Digital Publishing Editor
An Government announcement this week revealed what all the land in Britain is now worth - and it's an eye-watering total.
Land values have risen fivefold since 1995, and the latest figures showed they have continued to climb to a record high.
The Office for National Statistics (ONS) say this total is now £5 trillion.
That's £5,000,000,000,000 - or five million million pounds.
The ONS say land makes up more than half of Britain's value and is our most valuable asset.
The announcement has prompted calls to introduce a new tax to curb a soaring housing market driven by rising land prices, reports Thomson Reuters Foundation .
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"Pretty much all of the problems in our housing system can be tracked back to the land market and the fact that land prices are outrageously high," Toby Lloyd, head of policy at the housing charity Shelter.
"It's making housing absolutely, appallingly unaffordable."
Average British house prices have more than doubled in the past two decades, and more than quadrupled in London. But average wages have risen by only a fraction of that amount.
By separating the value of buildings and land for the first time, the ONS showed that land value grew much faster than other assets, such as houses and machinery.
As the stock of land is fixed and housing is in short supply, continued growth in land value is not surprising, said Julian Jessop, chief economist at the Institute of Economic Affairs, a free-market think tank.
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The latest data sharpened calls to tackle Britain's housing crisis by introducing a tax on the value of underlying land, rather than property, a proposal made by the opposition Labour Party in its 2017 manifesto.
"The longer that this goes on, the stronger the case for introducing a land value tax to make sure that this scarce resource is used efficiently and fairly," Jessop said.
Rapidly escalating land prices also deprive other sectors of the economy of capital, said Sara Mahmoud, a senior economist at the New Economics Foundation think tank.
"Banks would rather lend on things like mortgages or against commercial real estate than lend money to new businesses or (towards) innovation and development - the types of asset that power our economy," she said.
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Derby County summer signing thankful for 'fresh start' after Manchester United exit
Ola Ibrahim is one of three youngsters to have been successful in their trial at the club and to have become a first-year scholar in Darren Wassall's academy set-up
Jordan Blackwell
New Derby County signing Ola Ibrahim is thankful for the “fresh start” he’s been given by the Rams after his release by Manchester United.
Ibrahim is one of three new first-year scholars to join Derby’s Under-18s ahead of the new season, alongside Cian Kelly Caprani, from Bohemian, and Marko Borkovic, from Maidenhead.
Ibrahim has been training alongside the first team in pre-season, posting pictures to social media with the caption: “Fresh start, new beginning.”
Ibrahim was released by Manchester United this summer, where he had been a part of the academy.
He said in July: “It’s sad it’s all come to an end but I’m thankful for the opportunities they’ve given me these past year and they will always have a place in my heart.”
Following the confirmation of Ibrahim’s arrival alongside Kelly Caprani and Borkovic – with the trio successful in their trials – Rams academy manager Darren Wassall said: “They all came in last season and really impressed us with their trials, and we have signed all three of them.
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"We are really looking forward to working with the existing under-16s and also the three new recruits. Hopefully, they will make a big impression early on.”
Live updates as flood alerts and warnings put in place across Derbyshire
WeatherStorm Christoph has bought heavy rainfall to the county
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These are the potential dates for Derby County's rearranged match with Cardiff City
The two sides were due to meet at Pride Park Stadium on Sunday but the game was postponed
Chris WatsonDigital football writer
Derby County and Cardiff City are looking to find a date for their rearranged Sky Bet Championship encounter.
The promotion hopefuls were due to face each other at Pride Park Stadium on Sunday but the match was postponed as a result of bad weather .
A new date will be announced in due course. While we are waiting for confirmation, we have looked at when the game could be played.
We are now into the final international break of the season, so the rearranged Cardiff match cannot be played before Derby's next scheduled match, at home to Sunderland on Good Friday (March 30).
The Rams are then in action at Preston North End on Easter Monday (April 2), followed by a home game against Bolton Wanderers on Saturday, April 7.
Cardiff, meanwhile, entertain Burton Albion on Good Friday before travelling to Sheffield United on Easter Monday.
Pride Park Stadium, pictured on Sunday
That is followed by a crunch clash with leaders Wolverhampton Wanderers on Friday, April 6.
Both teams are also in action the following midweek - Cardiff visit Aston Villa on Tuesday, April 10, while Derby travel to Wolves the following evening (Wednesday, April 11).
What Gary Rowett has said about the £225,000 signing who has yet to play for Derby County
Derby then make the short journey to Burton on Saturday, April 14, with Cardiff away at Norwich City on the same day.
With Tuesday being the Rams' chosen day for their home midweek night games, it looks like the earliest they could play Cardiff is Tuesday, April 17.
The following two Tuesday's could also be options - April 24 and May 1, the latter being just before the final round of league fixtures, on Sunday, May 6.
Check out our new FREE app (with hardly any adverts)
We've just launched our very own app for Android and Apple devices which can be tailored to deliver the news and sport that you're interested in.
Pride Park
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A Modern Song in Koine Greek
I had just finished college and was getting ready for seminary when a good friend contacted me an said, "I know you can't make it to our wedding, but could you write a song for our unity candle lighting?"
"Sure," I said. "What's the ensemble?"
"Piano, flute and female vocal."
Colossians 3:12-14 is the perfect text for this song, but let's do something different with it. After all, I did just finish a year of Greek in preparation for seminary. Greek it is! What else can you expect from someone literally in his only summer between his Music undergrad degree and his Master in Divinity. The Greek words have been romanized (I knew the singer wouldn't sing Greek).
And then, two years later, when I was in Romania, my piece got sung again for an evangelistic concert that I was a part of.
The song is entitled "Perfect Unity," but it isn't just meant for marriages. No, Paul's words in Colossians 3 were meant for all friendships and family relationships.
Go to the bottom of the "Arrangements" page for samples! Request it with the contact form.
"Down By the Riverside," a Negro Spiritual
"Hymn of The Ages" by Maverick City Music
"Jesus and John Wayne" by Kristin Kobes Du Mez
DIVERSE CHURCH MUSIC
Song Ideas/Blog
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DOKTORZ
Medical Healthcare Information and News...
What’s Causing You to Be Sleepy?
By : Dr. Kareem
Category : General, Health
Look around you: the guy nodding off on the bus, the co-worker snoozing during a dull presentation, the people with heavy eyelids lined up at the coffee shop in mid-afternoon. Like them, your job may be leaving you sleep deprived — and you may not even realize it.
Excessive sleepiness can have serious consequences. You could doze off while waiting at a red light, for example. And not getting good sleep has been associated with high blood pressure, heart disease, diabetes, and weight gain.
“I do think that perhaps the No. 1 sleep problem in America is willful sleep limitation. People are working too hard and purposely limit themselves to six hours when they should be getting seven or eight,” says Lisa Shives, MD, founder of Northshore Sleep Medicine in Evanston, Ill., and a spokeswoman for the American Academy of Sleep Medicine.
Sleepiness appears to be on the rise, according to the National Sleep Foundation. In its 2009 Sleep in America poll, 20% of Americans reported that they averaged fewer than six hours of sleep per night. That’s compared to 13% in 2001.
What Causes Sleepiness?
Sleep problems stem from multiple causes: jet lag, working graveyard or rotating shifts that go against the body’s natural sleep rhythms, or skimping on sleep in order to stay on top of a full-throttle schedule.
While many of us are tired from skimping on sleep, others with sleep problems may have bona fide sleep disorders, such as sleep apnea, restless legs syndrome, or narcolepsy. People who work graveyard or rotating shifts may have shift work sleep disorder, marked by excessive sleepiness during night work and insomnia when they try to sleep during the daytime.
Regardless of the cause, excessive sleepiness “is becoming more of a legitimate complaint,” both among patients and doctors, says David G. Davila, MD, a National Sleep Foundation spokesman and board member who practices sleep medicine in Little Rock, Ark. He sees men and women who can’t muster enough alertness to finish mental tasks or who struggle to stay awake while driving — and many who doze off in his waiting room.
What’s Wrong With Poor Sleep?
Most adults need seven to eight hours of sleep per night, although some people need more or less sleep time to be adequately rested.
Sleep woes — not getting enough sleep or poor quality of sleep — can have serious consequences. “Not having enough good sleep is linked to the major health problems of our time: hypertension, heart disease, stroke, diabetes, weight gain, and dementia,” Shives says.
If you’re getting enough shut-eye but still feel sleepy all the time, you could have a sleep disorder. Sleep disorders disrupt a person’s ability to fall asleep or stay asleep, or they may cause odd behaviors during sleep, such as sleepwalking. Some sleep disorders even prompt “sleep attacks,” in which people fall asleep uncontrollably during the day.
When new patients visit his sleep clinic, Davila tries to find out whether they’re having trouble with quantity or quality of sleep.
“The first question sleep doctors ask … is ‘Are they getting enough sleep? Are they filling up their sleep tank at night or not?’ That’s a big question because we think a lot of people are not. They’re sleep-deprived, either partially or intermittently or chronically,” he says. Many times, Davila says, making sure they get enough sleep reduces excessive sleepiness.
But if it’s not a “sleep quantity” problem, says Davila, “then we start thinking about quality of sleep. Could there be a sleep disorder?”
Watch for These Symptoms of a Sleep Problem
Sleep experts recommend that you talk to your doctor if you have any of these signs of sleep disorders:
Routinely taking more than 30 minutes to fall asleep
Regularly waking up many times and having trouble falling asleep again
Frequent sleepiness during the day, frequent naps, or falling asleep unintentionally or at inappropriate times during the day
Loud snoring, gasping, snorting, choking sounds or stopping breathing for short periods during sleep–problems that are usually reported by your spouse or partner
Creeping, tingling or crawling feelings in your legs or arms, especially as you’re falling asleep
Legs or arms jerk often during sleep, often reported by your spouse or partner
Waking up with headaches
Vivid, dream-like experiences while falling asleep or dozing
Unusual behaviors during sleep, such as sleepwalking
Episodes of sudden muscle weakness when you’re angry, fearful or laughing
Feeling unable to move your body when you first wake up
Major Sleep Disorders
Many sleep disorders are rare. For example, in 15 years of practice, Davila has treated only a few cases of recurrent hypersomnia, in which people have periods of extreme sleepiness that come and go. During an attack, a person may sleep up to 16-18 hours, rousing only to eat or use the bathroom. Episodes can last a few days or many weeks.
But a few sleep disorders, such as sleep apnea or restless legs syndrome, are common. Major sleep disorders include:
Insomnia: Insomnia may be a symptom of a sleep disorder, so people with this complaint may need a thorough evaluation, Shives says. But it can also be a sleep disorder by itself. Insomnia makes it difficult to fall asleep or stay asleep. Sleep quality may be poor, leaving people feeling unrefreshed when they awake.
Sleep apnea: This sleep disorder causes loud snoring, gasping, choking, pauses in breathing, and sudden awakenings. The person repeatedly stops breathing long enough to interfere with sleep; these pauses also temporarily decrease a person’s oxygen supply. During the day, people with sleep apnea often feel very sleepy. Sleep apnea can raise the risk of high blood pressure, stroke, and heart attack.
Restless legs syndrome (RLS): RLS causes irresistible urges to move the legs while a person is lying down. The person may also feel creeping, crawling, burning, or painful sensations in the legs. In a related sleep disorder called “periodic limb movement disorder,” repetitive jerking movements or twitching of the legs or arms during slumber lead to fragmented, unrefreshing sleep.
Parasomnias: Parasomnias, or abnormal behaviors during sleep, include sleepwalking, sleep-talking, head-banging, and night terrors that cause people to sit up, flail, and scream. In one type of parasomnia called “rapid eye movement behavior disorder,” people may kick, punch, or wave their arms unintentionally (usually in response to a dream) while they’re in REM sleep. This sleep disorder usually afflicts older men, according to Shives. It has also been linked to an increased risk of Parkinson’s disease, she adds.
Narcolepsy: Narcolepsy’s main symptoms are excessive sleepiness during the day or recurring “sleep attacks” that cause people to fall asleep uncontrollably during normal waking hours. Some people also have sudden spells of muscle weakness following emotional excitement and may fall to the ground. Some people with narcolepsy experience sleep paralysis, where they can’t move when falling asleep or just waking up. Other symptoms include vivid dreams or hallucinations while falling asleep or waking up.
Got a Sleep Problem? Get Medical Treatment
Don’t just live with a sleep problem. People should take them seriously and seek help, Davila says. “A lot of complaints, especially restless legs syndrome, patients are embarrassed to bring it up. But it’s a legitimate complaint that can be helped,” he says.
“The same goes for sleepiness,” he says. “It was thought to be a sign of laziness and lack of motivation, [but] some patients need significant help with their sleepiness in order to drive safely and to function.”
New European HTN Guidelines Hit Hard With Initial Therapy, Keep ‘High-Normal’ Label
he new European guidelines for diagnosing and managing arterial hypertension maintain the previous classification system based on blood pressure (BP) levels but recommends a harder-hitting initial treatment approach compared to the previous version, released in 2013. The 2018 European Society of Cardiology (ESC) and European Society of Hypertension (ESH) guidelines document …
Splenic Abscess Treatment & Management
Once the diagnosis of a splenic abscess has been made, the patient must be admitted to the hospital and treated. Treatment depends on the patient’s overall condition, comorbidities, and primary disorder (if any), as well as the size and topography of the abscess. [22] Empiric broad-spectrum antibiotic therapy has a primary …
How to Use Condoms Safely
If you’re looking for protection against pregnancy and sexually transmitted infections (STIs) without a prescription, condoms may be a good option to explore. They’re discrete, relatively inexpensive, and don’t involve any synthetic hormones. Condoms are also readily available at your nearest convenience or drug store. What are the safest …
Practicing safe sex
Eardrum Rupture
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Court Martial - Star Trek:TOS - Watchers of Tomorrow | File Type: audio/mpeg | Duration: 01:15:13
Welcome to Watchers of Tomorrow! A podcast where we go through the world of science fiction television episode by episode, talking about the themes, concepts, ideas, the good, the bad, and the weird. We are great fans of sci-fi and would like to invite you on our journey through the weird and strange worlds that we are to explore… Today’s episode: Kirk has a bad time when the records show that he may have killed a man. Was it negligence? Was it murder? Is there a plot against him? Is his lawyer any good? Can Kirk possibly have any more commendations? Let us find out! ====== Who are we? Gepwin: https://www.youtube.com/user/Gepwin Dr. Izixs: https://www.youtube.com/user/DrIzixs Check out our web presence: Website: https://watchersoftomorrow.com/ Podbean: https://watchersoftomorrow.podbean.com/ Youtube: https://www.youtube.com/channel/UCyH1i8-qV9pI0q8CC-453nw Google Play: https://play.google.com/music/m/Ixcksgjzjkeadxpqzurf52aaol4?t=Watchers_of_Tomorrow Stitcher: https://www.stitcher.com/podcast/watchers-of-tomorrow?refid=stpr TuneIn: https://tunein.com/podcasts/Arts--Culture-Podcasts/Watchers-of-Tomorrow-p1153654/ Digital Podcast: http://www.digitalpodcast.com/feeds/87108-watchers-of-tomorrow Pocket Casts: https://pca.st/2gKB And Spotify! Music: “Waveform” and “Mori’s Principle” by DRKRN "Quirky Dog" by Kevin MacLeod https://incompetech.com/music/royalty-free/collections.html?collection=34&Search=Search Discord: https://discord.gg/s59QNqh
Snowpiercer - Watchers of Tomorrow | File Type: audio/mpeg | Duration: 01:29:25
Welcome to Watchers of Tomorrow! A podcast where we go through the world of science fiction television episode by episode, talking about the themes, concepts, ideas, the good, the bad, and the weird. We are great fans of sci-fi and would like to invite you on our journey through the weird and strange worlds that we are to explore… Today’s episode: We explore a train full of colorful characters, heavy themes, ultra violence, and lots of socio-political commentary. For today we are trapped on the Snowpiercer with the last of humanity on an endless trip around the world. Can Curtis reach the engine? Will we accidentally freeze the world in real life? Will Izzy actually manage to not flub the synopsis effort for this fairly long movie? Tune in and find out! ====== Who are we? Gepwin: https://www.youtube.com/user/Gepwin Dr. Izixs: https://www.youtube.com/user/DrIzixs Check out our web presence: Website: https://watchersoftomorrow.com/ Podbean: https://watchersoftomorrow.podbean.com/ Youtube: https://www.youtube.com/channel/UCyH1i8-qV9pI0q8CC-453nw Google Play: https://play.google.com/music/m/Ixcksgjzjkeadxpqzurf52aaol4?t=Watchers_of_Tomorrow Stitcher: https://www.stitcher.com/podcast/watchers-of-tomorrow?refid=stpr TuneIn: https://tunein.com/podcasts/Arts--Culture-Podcasts/Watchers-of-Tomorrow-p1153654/ Digital Podcast: http://www.digitalpodcast.com/feeds/87108-watchers-of-tomorrow Pocket Casts: https://pca.st/2gKB And Spotify! Music: “Waveform” and “Mori’s Principle” by DRKRN "Quirky Dog" by Kevin MacLeod https://incompetech.com/music/royalty-free/collections.html?collection=34&Search=Search Discord: https://discord.gg/s59QNqh
Tomorrow Is Yesterday - Star Trek:TOS - Watchers of Tomorrow | File Type: audio/mpeg | Duration: 01:19:59
Welcome to Watchers of Tomorrow! A podcast where we go through the world of science fiction television episode by episode, talking about the themes, concepts, ideas, the good, the bad, and the weird. We are great fans of sci-fi and would like to invite you on our journey through the weird and strange worlds that we are to explore… Today’s episode: We get back to Earth and enjoy a bit of time travel to boot! Will the 1960s survive Star Trek? Or will the Enterprise be erased from history because they couldn't figure out how to edit themselves out of their own continuity? ====== Who are we? Gepwin: https://www.youtube.com/user/Gepwin Dr. Izixs: https://www.youtube.com/user/DrIzixs Check out our web presence: Website: https://watchersoftomorrow.com/ Podbean: https://watchersoftomorrow.podbean.com/ Youtube: https://www.youtube.com/channel/UCyH1i8-qV9pI0q8CC-453nw Google Play: https://play.google.com/music/m/Ixcksgjzjkeadxpqzurf52aaol4?t=Watchers_of_Tomorrow Stitcher: https://www.stitcher.com/podcast/watchers-of-tomorrow?refid=stpr TuneIn: https://tunein.com/podcasts/Arts--Culture-Podcasts/Watchers-of-Tomorrow-p1153654/ Digital Podcast: http://www.digitalpodcast.com/feeds/87108-watchers-of-tomorrow Pocket Casts: https://pca.st/2gKB And Spotify! Music: “Waveform” and “Mori’s Principle” by DRKRN "Quirky Dog" by Kevin MacLeod https://incompetech.com/music/royalty-free/collections.html?collection=34&Search=Search Discord: https://discord.gg/s59QNqh
Arena - Star Trek:TOS - Watchers of Tomorrow | File Type: audio/mpeg | Duration: 01:17:59
Welcome to Watchers of Tomorrow! A podcast where we go through the world of science fiction television episode by episode, talking about the themes, concepts, ideas, the good, the bad, and the weird. We are great fans of sci-fi and would like to invite you on our journey through the weird and strange worlds that we are to explore… Today’s episode: Grr I say, Grr! The crew of the Enterprise goes to hang out on some random outpost only to discover its been struck by some alien force. They pursue but their target and themselves are both soon pulled into a high stakes contest that will determine the fate of their ships. Also Kirk remembers something about chemistry.====== Who are we? Gepwin: https://www.youtube.com/user/Gepwin Dr. Izixs: https://www.youtube.com/user/DrIzixs Check out our web presence: Website: https://watchersoftomorrow.com/ Podbean: https://watchersoftomorrow.podbean.com/ Youtube: https://www.youtube.com/channel/UCyH1i8-qV9pI0q8CC-453nw Google Play: https://play.google.com/music/m/Ixcksgjzjkeadxpqzurf52aaol4?t=Watchers_of_Tomorrow Stitcher: https://www.stitcher.com/podcast/watchers-of-tomorrow?refid=stpr TuneIn: https://tunein.com/podcasts/Arts--Culture-Podcasts/Watchers-of-Tomorrow-p1153654/ Digital Podcast: http://www.digitalpodcast.com/feeds/87108-watchers-of-tomorrow Pocket Casts: https://pca.st/2gKB And Spotify! Music: “Waveform” and “Mori’s Principle” by DRKRN "Quirky Dog" by Kevin MacLeod https://incompetech.com/music/royalty-free/collections.html?collection=34&Search=Search Discord: https://discord.gg/s59QNqh
The Squire of Gothos - Star Trek:TOS - Watchers of Tomorrow | File Type: audio/mpeg | Duration: 01:01:28
Welcome to Watchers of Tomorrow! A podcast where we go through the world of science fiction television episode by episode, talking about the themes, concepts, ideas, the good, the bad, and the weird. We are great fans of sci-fi and would like to invite you on our journey through the weird and strange worlds that we are to explore… Today’s episode: The crew of the Enterprise meet their most formidable opponent yet! A super powered fan boy! Will Kirk get the best of him? Or will they all end up larping until the end of their lives? ====== Who are we? Gepwin: https://www.youtube.com/user/Gepwin Dr. Izixs: https://www.youtube.com/user/DrIzixs Check out our web presence: Website: https://watchersoftomorrow.com/ Podbean: https://watchersoftomorrow.podbean.com/ Youtube: https://www.youtube.com/channel/UCyH1i8-qV9pI0q8CC-453nw Google Play: https://play.google.com/music/m/Ixcksgjzjkeadxpqzurf52aaol4?t=Watchers_of_Tomorrow Stitcher: https://www.stitcher.com/podcast/watchers-of-tomorrow?refid=stpr TuneIn: https://tunein.com/podcasts/Arts--Culture-Podcasts/Watchers-of-Tomorrow-p1153654/ Digital Podcast: http://www.digitalpodcast.com/feeds/87108-watchers-of-tomorrow Pocket Casts: https://pca.st/2gKB And Spotify! Music: “Waveform” and “Mori’s Principle” by DRKRN "Quirky Dog" by Kevin MacLeod https://incompetech.com/music/royalty-free/collections.html?collection=34&Search=Search Discord: https://discord.gg/s59QNqh
The Galileo Seven - Star Trek:TOS - Watchers of Tomorrow | File Type: audio/mpeg | Duration: 01:19:45
Welcome to Watchers of Tomorrow! A podcast where we go through the world of science fiction television episode by episode, talking about the themes, concepts, ideas, the good, the bad, and the weird. We are great fans of sci-fi and would like to invite you on our journey through the weird and strange worlds that we are to explore… Today’s episode: Spock is on bus driving duty and everything goes nuts. Soon people are dead and the crash survivors are potentially stranded on some random planet forever. But despite Spock and Scotty doing everything they can to get them out of the situation, everyone else is being kind of useless. ====== Who are we? Gepwin: https://www.youtube.com/user/Gepwin Dr. Izixs: https://www.youtube.com/user/DrIzixs Check out our web presence: Website: https://watchersoftomorrow.com/ Podbean: https://watchersoftomorrow.podbean.com/ Youtube: https://www.youtube.com/channel/UCyH1i8-qV9pI0q8CC-453nw Google Play: https://play.google.com/music/m/Ixcksgjzjkeadxpqzurf52aaol4?t=Watchers_of_Tomorrow Stitcher: https://www.stitcher.com/podcast/watchers-of-tomorrow?refid=stpr TuneIn: https://tunein.com/podcasts/Arts--Culture-Podcasts/Watchers-of-Tomorrow-p1153654/ Digital Podcast: http://www.digitalpodcast.com/feeds/87108-watchers-of-tomorrow Pocket Casts: https://pca.st/2gKB And Spotify! Music: “Waveform” and “Mori’s Principle” by DRKRN Discord: https://discord.gg/s59QNqh
Shore Leave - Star Trek:TOS - Watchers of Tomorrow | File Type: audio/mpeg | Duration: 01:26:45
Welcome to Watchers of Tomorrow! A podcast where we go through the world of science fiction television episode by episode, talking about the themes, concepts, ideas, the good, the bad, and the weird. We are great fans of sci-fi and would like to invite you on our journey through the weird and strange worlds that we are to explore… Today’s episode: While looking for a place to take it easy for a few days, McCoy loses his mind. But what if this vision of a giant white rabbit is not caused by the usual reasons for McCoy seeing things (alcohol) and is the result of some sort of alien power? ====== Who are we? Gepwin: https://www.youtube.com/user/Gepwin Dr. Izixs: https://www.youtube.com/user/DrIzixs Check out our web presence: Website: https://watchersoftomorrow.com/ Podbean: https://watchersoftomorrow.podbean.com/ Youtube: https://www.youtube.com/channel/UCyH1i8-qV9pI0q8CC-453nw Google Play: https://play.google.com/music/m/Ixcksgjzjkeadxpqzurf52aaol4?t=Watchers_of_Tomorrow Stitcher: https://www.stitcher.com/podcast/watchers-of-tomorrow?refid=stpr TuneIn: https://tunein.com/podcasts/Arts--Culture-Podcasts/Watchers-of-Tomorrow-p1153654/ Digital Podcast: http://www.digitalpodcast.com/feeds/87108-watchers-of-tomorrow Pocket Casts: https://pca.st/2gKB And Spotify! Music: “Waveform” and “Mori’s Principle” by DRKRN Discord: https://discord.gg/s59QNqh
Balance of Terror - Star Trek:TOS - Watchers of Tomorrow | File Type: audio/mpeg | Duration: 01:16:30
Welcome to Watchers of Tomorrow! A podcast where we go through the world of science fiction television episode by episode, talking about the themes, concepts, ideas, the good, the bad, and the weird. We are great fans of sci-fi and would like to invite you on our journey through the weird and strange worlds that we are to explore… Today’s episode: How much terror can be balanced on the tip of a star ship? In today's adventure, we encounter the Romulans for the first time! These vulcan like people with all sorts of Roman habits are up to no good on the neutral zone. But will this latin themed threat be defeated by the Enterprise? Will it prevail? And what of the Cold War metaphors, what of them!?!? ====== Who are we? Gepwin: https://www.youtube.com/user/Gepwin Dr. Izixs: https://www.youtube.com/user/DrIzixs Check out our web presence: Website: https://watchersoftomorrow.com/ Podbean: https://watchersoftomorrow.podbean.com/ Youtube: https://www.youtube.com/channel/UCyH1i8-qV9pI0q8CC-453nw Google Play: https://play.google.com/music/m/Ixcksgjzjkeadxpqzurf52aaol4?t=Watchers_of_Tomorrow Stitcher: https://www.stitcher.com/podcast/watchers-of-tomorrow?refid=stpr TuneIn: https://tunein.com/podcasts/Arts--Culture-Podcasts/Watchers-of-Tomorrow-p1153654/ Digital Podcast: http://www.digitalpodcast.com/feeds/87108-watchers-of-tomorrow Pocket Casts: https://pca.st/2gKB And Spotify! Music: “Waveform” and “Mori’s Principle” by DRKRN Discord: https://discord.gg/s59QNqh
The Conscience of the King - Star Trek:TOS - Watchers of Tomorrow | File Type: audio/mpeg | Duration: 01:00:33
Welcome to Watchers of Tomorrow! A podcast where we go through the world of science fiction television episode by episode, talking about the themes, concepts, ideas, the good, the bad, and the weird. We are great fans of sci-fi and would like to invite you on our journey through the weird and strange worlds that we are to explore… Today’s episode: We get Shakespearian as Kirk investigates the lead actor of a troupe. Is this man the mass murderer from his past that a dead man insisted he was? Or is he just someone caught up in the need to find a tyrant that has been dead for years? And what of those dying where ever this group of actors go? ====== Who are we? Gepwin: https://www.youtube.com/user/Gepwin Dr. Izixs: https://www.youtube.com/user/DrIzixs Check out our web presence: Website: https://watchersoftomorrow.com/ Podbean: https://watchersoftomorrow.podbean.com/ Youtube: https://www.youtube.com/channel/UCyH1i8-qV9pI0q8CC-453nw Google Play: https://play.google.com/music/m/Ixcksgjzjkeadxpqzurf52aaol4?t=Watchers_of_Tomorrow Stitcher: https://www.stitcher.com/podcast/watchers-of-tomorrow?refid=stpr TuneIn: https://tunein.com/podcasts/Arts--Culture-Podcasts/Watchers-of-Tomorrow-p1153654/ Digital Podcast: http://www.digitalpodcast.com/feeds/87108-watchers-of-tomorrow Pocket Casts: https://pca.st/2gKB And Spotify! Music: “Waveform” and “Mori’s Principle” by DRKRN Discord: https://discord.gg/s59QNqh
The Menagerie - Star Trek:TOS - Watchers of Tomorrow | File Type: audio/mpeg | Duration: 01:39:39
Welcome to Watchers of Tomorrow! A podcast where we go through the world of science fiction television episode by episode, talking about the themes, concepts, ideas, the good, the bad, and the weird. We are great fans of sci-fi and would like to invite you on our journey through the weird and strange worlds that we are to explore… Today’s episode: Spock betrays his captain and crew in order to get himself intentionally court-martialed. This is of course all part of his plan to let the producers of the show to have a clip show using footage from the original pilot. So enter a world of security flaws, illusionary worlds, and amusing fight scenes on today's episode! ====== Who are we? Gepwin: https://www.youtube.com/user/Gepwin Dr. Izixs: https://www.youtube.com/user/DrIzixs Check out our web presence: Website: https://watchersoftomorrow.com/ Podbean: https://watchersoftomorrow.podbean.com/ Youtube: https://www.youtube.com/channel/UCyH1i8-qV9pI0q8CC-453nw Google Play: https://play.google.com/music/m/Ixcksgjzjkeadxpqzurf52aaol4?t=Watchers_of_Tomorrow Stitcher: https://www.stitcher.com/podcast/watchers-of-tomorrow?refid=stpr TuneIn: https://tunein.com/podcasts/Arts--Culture-Podcasts/Watchers-of-Tomorrow-p1153654/ Digital Podcast: http://www.digitalpodcast.com/feeds/87108-watchers-of-tomorrow Pocket Casts: https://pca.st/2gKB And Spotify! Music: “Waveform” and “Mori’s Principle” by DRKRN Discord: https://discord.gg/s59QNqh
The Corbomite Maneuver - Star Trek:TOS - Watchers of Tomorrow | File Type: audio/mpeg | Duration: 52:27
Welcome to Watchers of Tomorrow! A podcast where we go through the world of science fiction television episode by episode, talking about the themes, concepts, ideas, the good, the bad, and the weird. We are great fans of sci-fi and would like to invite you on our journey through the weird and strange worlds that we are to explore… Today’s episode: First contact is hard. And its even harder when you don't know if you're playing chess or poker. Maybe both? ====== Who are we? Gepwin: https://www.youtube.com/user/Gepwin Dr. Izixs: https://www.youtube.com/user/DrIzixs Check out our web presence: Website: https://watchersoftomorrow.com/ Podbean: https://watchersoftomorrow.podbean.com/ Youtube: https://www.youtube.com/channel/UCyH1i8-qV9pI0q8CC-453nw Google Play: https://play.google.com/music/m/Ixcksgjzjkeadxpqzurf52aaol4?t=Watchers_of_Tomorrow Stitcher: https://www.stitcher.com/podcast/watchers-of-tomorrow?refid=stpr TuneIn: https://tunein.com/podcasts/Arts--Culture-Podcasts/Watchers-of-Tomorrow-p1153654/ Digital Podcast: http://www.digitalpodcast.com/feeds/87108-watchers-of-tomorrow Pocket Casts: https://pca.st/2gKB And Spotify! Music: “Waveform” and “Mori’s Principle” by DRKRN Discord: https://discord.gg/s59QNqh
The Man from Earth - Watchers of Tomorrow | File Type: audio/mpeg | Duration: 01:38:23
Welcome to Watchers of Tomorrow! A podcast where we go through the world of science fiction television episode by episode, talking about the themes, concepts, ideas, the good, the bad, and the weird. We are great fans of sci-fi and would like to invite you on our journey through the weird and strange worlds that we are to explore… Today’s episode: We take our first break from Star Trek and watch the movie The Man From Earth. Its a story about moving on and the long view of history. Also immortality and the power of ideas. Is he telling the truth? Is it a thought experiment? Is there something more going on? Tune in and find out! ====== Who are we? Gepwin: https://www.youtube.com/user/Gepwin Dr. Izixs: https://www.youtube.com/user/DrIzixs Check out our web presence: Website: https://watchersoftomorrow.com/ Podbean: https://watchersoftomorrow.podbean.com/ Youtube: https://www.youtube.com/channel/UCyH1i8-qV9pI0q8CC-453nw Google Play: https://play.google.com/music/m/Ixcksgjzjkeadxpqzurf52aaol4?t=Watchers_of_Tomorrow Stitcher: https://www.stitcher.com/podcast/watchers-of-tomorrow?refid=stpr TuneIn: https://tunein.com/podcasts/Arts--Culture-Podcasts/Watchers-of-Tomorrow-p1153654/ Digital Podcast: http://www.digitalpodcast.com/feeds/87108-watchers-of-tomorrow Pocket Casts: https://pca.st/2gKB And Spotify! Music: “Waveform” and “Mori’s Principle” by DRKRN Discord: https://discord.gg/s59QNqh
Dagger of the Mind - Star Trek:TOS - Watchers of Tomorrow | File Type: audio/mpeg | Duration: 01:32:27
Welcome to Watchers of Tomorrow! A podcast where we go through the world of science fiction television episode by episode, talking about the themes, concepts, ideas, the good, the bad, and the weird. We are great fans of sci-fi and would like to invite you on our journey through the weird and strange worlds that we are to explore… Today’s episode: Kirk ends up in prison! Well, he's not there as an imate, but he does get captured and tortured by a self assured warden. Also once again the crew of the Enterprise demonstrate that they're not very good at the their job. ====== Who are we? Gepwin: https://www.youtube.com/user/Gepwin Dr. Izixs: https://www.youtube.com/user/DrIzixs Check out our web presence: Website: https://watchersoftomorrow.com/ Podbean: https://watchersoftomorrow.podbean.com/ Youtube: https://www.youtube.com/channel/UCyH1i8-qV9pI0q8CC-453nw Google Play: https://play.google.com/music/m/Ixcksgjzjkeadxpqzurf52aaol4?t=Watchers_of_Tomorrow Stitcher: https://www.stitcher.com/podcast/watchers-of-tomorrow?refid=stpr TuneIn: https://tunein.com/podcasts/Arts--Culture-Podcasts/Watchers-of-Tomorrow-p1153654/ Digital Podcast: http://www.digitalpodcast.com/feeds/87108-watchers-of-tomorrow Pocket Casts: https://pca.st/2gKB And Spotify! Music: “Waveform” and “Mori’s Principle” by DRKRN Discord: https://discord.gg/s59QNqh
Miri - Star Trek:TOS - Watchers of Tomorrow | File Type: audio/mpeg | Duration: 01:37:54
Welcome to Watchers of Tomorrow! A podcast where we go through the world of science fiction television episode by episode, talking about the themes, concepts, ideas, the good, the bad, and the weird. We are great fans of sci-fi and would like to invite you on our journey through the weird and strange worlds that we are to explore… Today’s episode: The gang visits a planet that looks exactly like Earth! But that doesn't really matter at all, as instead the plot focuses on plagues, wild children, and immortality. And we ask the question: Is it a good idea to live forever? ====== Who are we? Gepwin: https://www.youtube.com/user/Gepwin Dr. Izixs: https://www.youtube.com/user/DrIzixs Check out our web presence: Website: https://watchersoftomorrow.com/ Podbean: https://watchersoftomorrow.podbean.com/ Youtube: https://www.youtube.com/channel/UCyH1i8-qV9pI0q8CC-453nw Google Play: https://play.google.com/music/m/Ixcksgjzjkeadxpqzurf52aaol4?t=Watchers_of_Tomorrow Stitcher: https://www.stitcher.com/podcast/watchers-of-tomorrow?refid=stpr TuneIn: https://tunein.com/podcasts/Arts--Culture-Podcasts/Watchers-of-Tomorrow-p1153654/ Digital Podcast: http://www.digitalpodcast.com/feeds/87108-watchers-of-tomorrow Pocket Casts: https://pca.st/2gKB And Spotify! Music: “Waveform” and “Mori’s Principle” by DRKRN Discord: https://discord.gg/s59QNqh
What Are Little Girls Made Of? - Star Trek:TOS - Watchers of Tomorrow | File Type: audio/mpeg | Duration: 01:52:26
Welcome to Watchers of Tomorrow! A podcast where we go through the world of science fiction television episode by episode, talking about the themes, concepts, ideas, the good, the bad, and the weird. We are great fans of sci-fi and would like to invite you on our journey through the weird and strange worlds that we are to explore… Today’s episode: Kirk and Chapel fall into an obvious trap and get to meet a bunch of robots. Also the robots seem very prone to murder. But are they automatons? Or are they real people? ====== Who are we? Gepwin: https://www.youtube.com/user/Gepwin Dr. Izixs: https://www.youtube.com/user/DrIzixs Check out our web presence: Website: https://watchersoftomorrow.com/ Podbean: https://watchersoftomorrow.podbean.com/ Youtube: https://www.youtube.com/channel/UCyH1i8-qV9pI0q8CC-453nw Google Play: https://play.google.com/music/m/Ixcksgjzjkeadxpqzurf52aaol4?t=Watchers_of_Tomorrow Stitcher: https://www.stitcher.com/podcast/watchers-of-tomorrow?refid=stpr TuneIn: https://tunein.com/podcasts/Arts--Culture-Podcasts/Watchers-of-Tomorrow-p1153654/ Digital Podcast: http://www.digitalpodcast.com/feeds/87108-watchers-of-tomorrow Pocket Casts: https://pca.st/2gKB And Spotify! Music: “Waveform” and “Mori’s Principle” by DRKRN Discord: https://discord.gg/s59QNqh
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or Services
Charles Edward Eastwood III
Merkley-Mitchell Mortuary
Sympathy and Grief
U.S. English Español Français
16 January, 1952 – 12 November, 2020
Age 68, of Escondido, CA, passed away on Thursday, November 12th, 2020. A brilliant musician, father, grandfather, life of the party and friend to all. Ed was born in Ohio on January 16th, 1952.
Ed graduated from Plymouth-Whitemarsh High School in 1970 and Purdue University in 1975; majoring in Industrial Management with a minor in Mechanical Engineering. A member of the Pi Kappa Alpha fraternity, where he met many of his lifelong friends. During this time, Ed fell in love with the guitar and harmonica. He was in several bands throughout his life. Most notably, Bandana (c. 1973-75), an Americana genre group that originated in Lafayette, IN. In 1977, Ed moved to San Diego, CA, and worked for Anthony Industries where he designed and implemented electrical, cable and wire assemblies. After several years in the workforce, Ed started his own business, EastElect, as an electrical engineer. In 1985, he welcomed his only daughter, Emily, which was one of his greatest achievements. He thrived as a father and later as a grandfather.
In his later years, he hosted open microphone nights at the Metaphor Cafe in Escondido, CA and the Packing House in Fallbrook, CA. Most recently, he had been playing with a local San Diego group, the Tone Junkies, and had been working on a solo recording project. Ed was a spiritual person and was involved in many church activities at First United Methodist Church of Escondido, CA, including playing guitar during services. He was a problem-solver who often took on difficult and unwanted projects and went to great lengths to find a solution. Other hobbies included woodworking, cooking, blacksmithing, and rock tumbling. He had a soft spot for all animals and throughout the years shared his home with many lucky rescue dogs and cats.
Preceded in death by parents, Charles Edward II and Lois; uncle, Don Wampler; aunts, Phyllis Wampler and Abbie Holp.
He is survived by his brother, Tom (Maritza); sister, Susan; daughter, Emily (Kevin Goodenough) Eastwood, PhD; granddaughter, Juniper Goodenough; nephew, Zack Patton; niece, Laura Patton; ex-wife, Ruth; uncle, Ron Holp; numerous cousins he loved like siblings; and girlfriend, Patti Smith-Martin, and her four children.
He will be deeply missed by friends, family, and all people, dogs, and cats who knew him. At this point in time, no services have been scheduled. We plan to schedule a celebration of life in Spring of 2021 to honor his dedication to music and everyone he loved most. Donations can be made in Eds’ honor to two suggested charities; Interfaith Community Services and United Methodist Committee on Relief. Ed volunteered electrical work during disaster relief efforts with UMCOR including a several week trip to Louisiana following hurricane Katrina.
https://www.interfaithservices.org/
https://umcmission.org/umcor/
FLOWERS Add a
Jamie Burnside
What a lovely obituary written for Ed. Thank you for sharing those words. We send our deep condolences for your sadness and pray for your hearts to heal. We have very fond memories of Ed .
Fondly, Jamie (Burnside), Molly (Jager), and Thom Page
ed leiser
Ed was a great guitar player, a funny guy, and , most importantly a caring and wise soul. You will be missed, my friend. See you on the other side.
Megan Herting
It is clear Ed touched a lot of people’s lives. Please accept my heartfelt sympathies. I am wishing peace to your family through the good memories you all had with him.
susan roudebush
Ed was a remarkable, talented guy. I had a secret crush on him in college. When he played mandolin it sang! He was kind, generous, and so loved his daughter Emily. I know he will be deeply missed by those who shared his life in Escondido!
May the music live on with our memories.
Sending love to his survivors.
Emily Eastwood
Keith Haman
I met Ed at the Metaphor when I was in high school in the late '90s, trading leads with him on Blues Jam Wednesdays. I learned a lot from playing with him, and he was very encouraging when I started playing solo at the open mics there. He was always kind, funny, and a killer musician. I feel lucky to have met him at a pivotal point in my musical development. I hadn't seen Ed for many years but his influence is not forgotten. My condolences to his friends and family.
Michael Krewitsky
I was so saddened to hear of my good friend's passing. I have known Ed since Purdue days, when we lived at "Bandannaland" together and played in "Bandanna." He was a great musician, (he played well with others, in more ways than one!) The original Pirate Party took place at Bandannaland, and recurred many times in various forms in San Diego. He made a great pirate! But, more importantly, he was a great guy and I miss him.
I went to high school with Ed. He was the first boy I went out with. He was in many of my classes. I am so sad that he passed away. I have many fond memories of him.
Gina Shideler
I wanted to let Emily and the rest of the Family to know that my thoughts and prayers are with you all during this awful time. I was blessed to be so close to him during the years we were together. And so thankful to have his letters and so many of his recording projects to remember him with. Take care and always remember the good times! Love Gina
Rod Lumry
Ed was a brilliant man I thank God for our friendship and music making He is truly missed
In Memory of Charles Edward Eastwood III
https://www.dignitymemorial.com/en-ca/obituaries/san-diego-ca/charles-eastwood-9900240
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Home » "Tenth Year in the Sun"-A Reading and Signing with author M.L. Wonder
"Tenth Year in the Sun"-A Reading and Signing with author M.L. Wonder
M.L.’s debut novel, “Tenth Year in the Sun”, is a women’s fiction story inspired by her experiences and the connections she made in her life abroad. “Tenth Year in the Sun” weaves together the lives of a multi-cultural sisterhood as the best friends journey into the fullness of womanhood and endeavor to honor a ten-year commitment.Ten years after a wild promise made on the heels of an epic girls’ trip, Adoma finds herself in a ritzy harbor 1000 miles away from the nearest mainland, the east coast of Africa. There she awaits the arrival of her three best friends, her ‘soul sisters’, for their spontaneously committed reunion. While awaiting them, Adoma trails off in thought and memories of the series of events which brought them to this stage in their lives – the twists and turns of life and love all come alive.
In high school, M.L. Wonder dabbled in poetry, but it would be over twenty years before she entertained the idea of writing as a career. She received her B.A. from U.T. and went on to a career in H.R. in Houston and D.C. before eventually working for the Dept. of State as a U.S. diplomat overseas. There, she experienced many fulfilling moments as she travelled and worked around the world. Later, when M.L. tried her hand at fiction, she made sisterhood and culture a recurring theme in her work. She crafts her inspirational literature from her home base in Austin, Texas. For more information about her book, check out www.TenthYearintheSun.com.
Sunday, September 17, 2017 - 4:00pm to 5:30pm
Tenth Year in the Sun (Paperback)
By M. L. Wonder, Maureen Asantewaa (With)
Published: Blisslife Press - July 18th, 2017
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Missouri offers billions in US Tesla plant bid
BEVBrandenburgCybertruckElectric PickupsElectric SUVGermanyGigafactoryGigafactory 4JoplinMissouriModel YSubsidiesTeslaUSA
In the USA, the city of Joplin in Missouri has made a formal bid for Tesla’s new Gigafactory. In Germany, Tesla’s Giga Berlin is making progress with local infrastructure.
But first to America, where Tesla is looking for a location in “central USA” for another Gigafactory to produce the Cybertruck and the Model Y for customers not on the West Coast. Missouri authorities claim that their offer is worth about one billion US dollars in incentives over a period of twelve years.
Toby Teeter, President of the region’s Chamber of Commerce, confirmed that: “Approximately a week ago the city of Joplin and the Chamber of Commerce put a formal bid together and submitted it to Tesla corporate”
The package is to include a 400-hectare site, which is to be sold to Tesla for half the price. In addition, taxes are to be completely waived for 12 years, and the state wants to help with the purchase of the equipment and the training of the workforce.
Last month, Nashville, Tennessee, was put up for consideration – Tennessee is already home to a Nissan plant manufacturing the Leaf, and VW is rebuilding its plant in Chattanooga, Tennessee, for the production of the ID.4. Also in the running for the new Tesla factory is the city of Austin, Texas. The bid from Joplin, Missouri points out that due to the lower cost of living in Missouri, Tesla could save about 75 million dollars per year in labour costs.
Tesla boss Elon Musk had already made it clear, however, that the company not only considers financial incentives count when choosing a location, but also “logistics costs, access to a large workforce with a wide range of talents and quality of life”.
Teeter extrapolated on the opportunities in Joplin, Missouri by pointing out that the location in the bid is going to have rail access and is located near the 44 and 49 interstate motorways, as well as being just minutes away from the Joplin Regional Airport. “We’re also the trucking capital of America. That gives Tesla front-row access to its next market with four of the largest trucking companies in the nation within a 60-mile radius,” he added.
Tesla has not yet revealed when they will be deciding on the US location. What is certain, however, is that Tesla plans to put the Cybertruck into production by the end of 2021.
Giga Berlin gets its own motorway exit
Even earlier than anticipated, Tesla is aiming to start production at the Giga Berlin factory in summer 2021, and construction at the Grünheide site is already well underway. The Brandenburg Ministry of Transport revealed that the Tesla factory in Brandenburg would be given its motorway junction. At first, Tesla will be setting up a new junction connecting to the A 10 highway their own expense. In the medium term, however, the state government will finance and install a fixed motorway exit for the location.
Here, too, Tesla will be relying on rail infrastructure and not only on truck transport: rail freight and logistics facilities are to be set up on the company premises. However, as yet there are no plans to expand freight transport capacities on the Berlin – Frankfurt (Oder) railway line.
electrek.co (Missouri), rbb24.de (Brandenburg, in German)
COVID-19: carmakers reopening factories
GAC-Nio launch the first BEV in the Hycan brand
https://www.electrive.com/2020/04/15/missouri-offers-billions-in-us-tesla-plant-bid/
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tour page
Ellis Paul Discussion
Ellis Paul's music
Board index All Things Ellis Paul Say Something
Some Road Songs
Post messages here that don't fit into any other forum.
paddyinthepub
Postby paddyinthepub » Sat Apr 21, 2007 1:07 am
Well I've gone and done it again. As is often the case with me, I'm looking for one thing and stumble onto something else. It's a list of songs that include lyrics about roadways. Surely we can get Ellis added to the list.....
U.S Department of Transportation
Richard F. Weingroff
While we were working on FHWA By Day, Deborah Vocke challenged me to come up with a list of highway songs. Her challenge was prompted by the video for the B-52's "Love Shack," which shows the quartet driving in their car singing, "I'm heading down the Atlanta highway." I looked through my LP and cassette collection and copied the highway songs onto cassettes. They turned out to be fun to listen to in the car or on my regular long walks around Washington.
Deborah and I talked about writing an article on highway songs when we were preparing material for the issue of Public Roads dedicated to the 40th anniversary of the Interstate System (Summer 1996). Somehow, time ran out on that idea, but I kept collecting and taping.
When "Some Road Songs" appeared on the Highway History Web site, it included only the songs I had come across. Since then, readers have suggested many additional songs that I was happy to include. If you would like to suggest a song, send it to: Richard.weingroff@fhwa.dot.gov. But keep in mind that we have some informal standards:
Songs about musicians being "on the road" don't qualify unless they actually mention roads.
Songs about cars, rather than roads, also don't quality.
A song can qualify if it mentions a highway even if the rest of the song is about something else.
The following list identifies the performers and songs; I have not attempted to identify the songwriter or the album/CD the song is on. If you are interested in that information, you might be able to find it by going to the All Music Guide Web site and searching for the performer or song at: http://www.allmusic.com/. The list is arranged alphabetically, with singers by their last name (Clapton for Eric Clapton), groups by the first significant word in their name (Rolling for The Rolling Stones). Recent additions are in bold.
There may be other highway song lists on the internet, including lists with more detail, more songs, and more performers. But here's the Highway History page list-for what it's worth:
WOW!!! What a list!!!
Link the comprehensive list here: bold print denotes lyrics included.
http://www.fhwa.dot.gov/infrastructure/roadsong.htm#001
Link the updated list complete with lyrics:
http://www.fhwa.dot.gov/infrastructure/lyrics.htm#007
Keep those suggestions coming.......
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Return to “Say Something”
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Looking for My Friends
Trivia Corner....or Did I Ever Know You?
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Trial and Litigation
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Leslie Packer Elected Managing Partner of Ellis & Winters Law Firm
Leslie C. Packer
Michael G. Winters
Ellis & Winters is pleased to announce that Leslie C. Packer has been elected by the partnership to serve as the firm’s new Managing Partner. As one of the firm’s founding partners, Ms. Packer has served in a leadership role at Ellis & Winters since the firm was founded in 2000.
Ms. Packer succeeds Michael G. Winters, who has held the position since 2008. “We are delighted that Leslie has agreed to serve as Managing Partner of our firm,” Mr. Winters said. “Leslie has acted as a leader not only within the firm but also on the boards of professional associations at both a regional and national level and her legal ability is well-respected within the legal community.”
Ms. Packer leads the firm’s Litigation Practice and focuses her practice on product liability, medical malpractice, and commercial litigation. She received an A.B. from Brown University in 1982 and a J.D. from the University of North Carolina School of Law in 1986. Ms. Packer serves on the Board of Directors for Special Olympics North Carolina as well as the Federation of Defense and Corporate Counsel. A well-credentialed member of the legal community, Ms. Packer has been recognized in Chambers USA: America’s Leading Lawyers for Business, in The Best Lawyers in America® since 2003, in Benchmark Litigation’s Top 250 Women in Litigation, as a member of the Business North Carolina Legal Elite since 2005, and in North Carolina Super Lawyers magazine.
“I am excited about the future for Ellis & Winters. We founded the firm on the core principle of excellent client service. It has been gratifying to see how all members of our team have embraced this core value, and perform at the highest level for our clients. We look forward to continuing this tradition, and to thriving and succeeding together in the future.”
September 3, 2013 Leslie C. Packer Michael G. Winters
Categories Select One... ArticlesGeneralNews
© Copyright 2021 Ellis & Winters LLP Attorneys at Law
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Physician Highlight
10-Minute Interview: Nilofar H. Islam, MD, FACC, CEPS
Interview with Jodie Elrod
Login or Register to download PDF
Nilofar H. Islam, MD, FACC, CEPS is the Director of Electrophysiology at MidMichigan Medical Center - Midland in Midland, Michigan. MidMichigan Health recently announced a $57 million construction project, of which $30 million is dedicated to a new Heart and Vascular Center on the campus of MidMichigan Medical Center – Midland. In this brief interview, we learn more about this EP program and upcoming expansion.
Tell us about your EP program.
The MidMichigan EP laboratory first opened its doors in 2007, soon after the Heart and Vascular Program started at MidMichigan Health. I was the only electrophysiologist on staff at the time, and it was expected that the EP lab would see perhaps 100 device implants and 50 ablations per year. That first year, we did 300 cases! A decade later, there are about 300 ablations and 700 device implantations performed annually in the EP lab.
Our EP program has dedicated EP lab staff as well as some circulating cath lab staff. Our EP lab team consists of five nurses and radiation techs; certified nurse anesthetists are also present as part of the team. Electrophysiologist Dr. Opesanmi Esan joined our staff in 2012. As MidMichigan Health continues to grow very quickly, we are excited to welcome our third electrophysiology partner next summer.
A second fully functional EP lab is expected to open its doors in 2018, as the single lab is working beyond capacity. Cryoablation will be introduced with the inception of the second lab, expanding the available treatment options for our arrhythmia patients.
Describe your role in the EP lab. What is a typical day like?
A typical day in the lab starts with an atrial fibrillation (AF) ablation case. Usually, this is followed with additional ablations. In the afternoons, we continue with device implants. There are outpatient clinics in between the lab weeks. In a continuous fashion, we staff inpatient consults and make rounds with the EP dedicated nurse practitioners.
What technologies have recently been added to your EP program?
A complete laser lead extraction program was started in 2015. All devices and related leads can be extracted at MidMichigan. This is an area of growth I am particularly passionate about. Before this service was available, we had to refer our very sick patients. At times, they would experience delays as a consequence. However, we can now take care of these patients with the greatest needs in a safe, effective, and efficient manner that is close to home. This decreases the amount of travel and expense, as well as stress to our patients and their families.
The newest aspect to our EP program has been the addition of left atrial appendage (LAA) closure procedures. Closure of the LAA revolutionizes stroke management for our arrhythmia patients; the option of coming off long-term anticoagulation is life changing for our patients. This is a collaborative effort between our structural heart group, electrophysiology, and advanced imaging cardiologists. We have experienced great success with these cases since beginning the WATCHMAN (Boston Scientific) procedure in September 2017. At the current time, we have done over 20 WATCHMAN implants. Each case is unique, and presents an opportunity to learn something new.
Why did you choose to work in the field of cardiac electrophysiology? What interested you about EP?
Being a good physician means being a good diagnostician. Being a good surgeon is having good technical skills. As an electrophysiologist, you get to hone both of these skill sets. It is a little like being a good detective and collecting clues that will give you the answer, and then putting in the work to fix the problem.
What motivates you to continue your involvement with the EP lab?
The EP lab is a passion of mine. It is also an area of tremendous growth and innovation, and this keeps me motivated.
Tell us about the upcoming expansion.
MidMichigan Health is part of the University of Michigan Health System. MidMichigan Health is set to open up a new Heart and Vascular Center in 2019 as part of its commitment to excellence and its determination to be the leader in cardiovascular care in the area. This facility will be state of the art and bring all the different facets of cardiovascular care under one roof. Cardiology, structural heart diseases, electrophysiology, vascular surgery, and cardiothoracic surgery will be in one location, providing a streamlined experience for our patients. Cardiac rehabilitation and cardiovascular imaging services will also be in this location, making it easier for our patients to access. There will be a concierge available to help patients find their area of service.
What advice would you give to others in EP who are currently at the start of their career?
At the start of any career, there is clearly a learning curve. In electrophysiology, often the steepest part of the learning curve has to do with navigating the EP and cath lab relationship, which may be different from the one you are used to in fellowship training. It is important to build strong collaborative relationships that will serve you and your patients well. The same is true of building relationships with the new community you inhabit, including your referring partners and community physicians. A reputation is as important as any technical skill acquired in fellowship.
Any final thoughts?
I am very proud of our team here at MidMichigan Health — they understand electrophysiology concepts at an advanced level and are passionate about learning. My proudest moments are during ablations, when staff appreciate good sites for ablation and feel confident when a signal has been ablated, or when they provide their interpretation and analysis of an arrhythmia mechanism in a complex flutter or tachycardia case.
Look for their Spotlight Interview in an upcoming issue of EP Lab Digest!
/sites/eplabdigest.com/files/islam.pdf
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Switzerland provides CHF 1 million to help flood-stricken Sudan
Press release, 09.10.2020
The state secretary of the Federal Department of Foreign Affairs, Krystyna Marty, received the foreign minister of Sudan, Omer Gamareldin Ismail, in Bern on Friday. Various topics were discussed at the meeting, which was also attended by the director general of the Swiss Agency for Development and Cooperation (SDC), Patricia Danzi, and other federal administration officials. Swiss Humanitarian Aid announced at the meeting that it was allocating CHF 1 million to assist Sudan, which has recently been hit by devastating floods.
Mr Ismail's visit took place on Friday morning at the Federal Palace. This was his second visit to Bern in the last two weeks. At the meeting, Ms Marty welcomed the signing of the Juba peace agreement of 3 October, affirmed Switzerland's support for the political transition process under way in Sudan, and discussed possible future cooperation in the areas of development cooperation and humanitarian aid, peace policy and migration.
Regarding the country's economic situation, she welcomed Sudan's efforts to introduce reforms aimed at finding a solution to its debt, as well as the authorities' ambitions to resume relations with the international financial institutions to this end.
As an immediate response to bring assistance to the civilian population hit by the recent devastating floods, Swiss Humanitarian Aid announced an additional contribution of CHF 1 million to the Sudan Humanitarian Fund, a pooled fund managed by the United Nations which provides funding for emergency operations. In addition, two specialists from the Swiss Humanitarian Aid Unit have been deployed to the region to provide assistance in the area of water and sanitation. The East African country was hit by devastating floods in September which left dozens dead in their wake.
The SDC has been active on the ground in Sudan since 1994. Prior to this disaster, it had an annual budget of CHF 9.3 million (2020) for its activities in Sudan. This new contribution brings the total amount to CHF 10.3 million.
Soudan and Eritrea
Address for enquiries:
FDFA Communication
Federal Palace West Wing
CH-3003 Bern, Switzerland
Twitter: @SwissMFA
Federal Department of Foreign Affairs
Contact for media enquiries
Federal Palace West
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Tony Mok
Department of Clinical Oncology
Professor Mok studied medicine at the University of Alberta in Canada and, following his residency there and fellowship training at Princess Margaret Hospital in Toronto, he spent a further 7 years practicing in the fields of oncology and internal medicine.
In 1996, Prof Mok moved to Hong Kong after gaining a position as Assistant Professor in the Department of Clinical Oncology at the Chinese University of Hong Kong in Prince of Wales Hospital.
In 2007 he was made full Professor within the department and also attained an honorary professorship at the Guangdong Provincial People's Hospital in Guangdong, China and guest professorship at Peking University School of Oncology.
Professor Mok has published over 130 articles in international peer review journals, including the New England Journal of Medicine, Science, Lancet and Journal of Clinical Oncology.
He is also heavily involved in several professional societies and committees, including the Board of Director of IASLC, chair of the International Affair Committee and member of publication committee of ASCO, vice secretary of the Chinese Society of Clinical Oncology and chairman of Hong Kong Cancer Therapy Society.
In addition, he is the Associate Editor of the Journal of Thoracic Oncology, Clinical Lung Cancer and Asia Pacific Journal of Clinical Oncology and serves on the Editorial Board of Journal of Clinical Oncology and several other major oncology journals.
Professor Mok is an ESMO Faculty Member. He has presented extensively at various international congresses and is particularly interested in the application of novel therapeutic approaches in the treatment of lung and liver cancer.
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The University of Manila Requirements
546 Dr. M.V. de los Santos St. Sampaloc, Manila
Does this mean I will spend two more years in High School?
Yes. But these two additional years will equip you with skills that will better prepare you for the future, whether it be; Kolehiyo, Trabaho or Negosyo!
Admission Requirements and Procedures - Undergraduate
The University of Manila is open to students who meet the academic standards set by its Committee on Admission and are willing to abide by the rules and ideals of the institution. It is the Committee on Admission and Retention that sets the criteria, ensuring that the school accepts only those applicants who will benefit the most from the University’s program.
Applicants for freshmen into the University of Manila maybe admitted based on the following:
Performance in the entrance examination administered by the Testing Center. (Passing the entrance exam does not mean automatic admission to the University Academic Program).
Performance during interviews with either the enrollee officials and/or the head of the Admission Committee.
Recommendations from the officials of the school last attended.
Admission Procedures and Requirements
Upon being informed of the eligibility for admission, the student must submit the following credentials:
Original Form 138 (Report Card)
Certificate of good moral character from the Principal and Guidance Counselor of the school last attended.
Written undertaking signed by the student or his parent or guardian to abide by the rules and regulation of the University.
Submitted credentials should be verified by the enrolling official to ensure authenticity and completeness. Any falsification of such documents constitutes a ground for disqualification.
Source: http://www.um.edu.ph/
Admission Requirements and Procedures - Foreign Students
The President and Chief Academic Officer will conduct an initial interview on foreign students. The following are the requirements:
Academic record should be submitted.
Present original passport and a photocopy of the said passport should be submitted to the Registrar’s Office.
Payment of application and corresponding testing and other fees.
Admission Requirements and Procedures - Law School
An applicant for admission to the law course is required to take the Law Entrance Examination (LEX). The LEX is administered by the Office of the Dean to all applicants in line with the need to maintain the quality of the students admitted into the College of Law. A minimal exam fee is collected upon every applicant and the tests are held from March until June for First Semester and from October until first week of November for Second Semester.
The applicant must submit the following:
Official Transcript of Records (one (1) original or certified photocopy);
Certificate of Good Moral Character (issued by the last school attended);
NSO Birth Certificate;
Certificate of Transfer Credentials (Honorable Dismissal) from the former school, and three (3) copies of 2X2 recent photo.
Admission of transfer students from other law schools shall be decided on a case to case basis by the Dean based on the applicant’s credentials and personal qualifications and subject to appropriate conditions.
The transfer student must submit the following:
Certificate of Transfer of Credentials (Honorable Dismissal) from the former school;
Certificate of Grades;
Certificate of Good Moral Character;
Certificate of Eligibility for Admission into the Law Course (Form C-1), if the applicant has previously obtained such certification from his former school; and
Three (3) copies 2X2 recent photo.
CROSS-ENROLLMENT
The College allows cross-enrolment to another school in recognition of the academic freedom of the students. In like manner, she entertains the cross-enrollment of students from other institutions.
Students are not allowed to cross-enroll to another school except in meritorious cases as determined by the Dean as follows:
If the subjects are not offered in the College; and
If the subjects are offered, but their schedule conflicts with the student’s other classes.
ADVANCE STANDING
Admission to advance standing in any of the college will be granted to students who have completed in another school fifty percent or less, of the required units for graduation. (Special cases may be referred to the Dean or Head of the Department concerned and/or the Commission on Higher Education for approval).
SPECIAL STUDENTS
Students who wish to take special courses under some professors in the university, after having offered evidence of their ability and academic preparation, must secure permission from the Dean of the College in which the students will register, and from the professor of the course for which they are registering.
Special students will not be given final examination in the course for which they have registered and upon registration, are required to sign a waiver to this effect. They will be subject to the same disciplinary and academic regulations as other students, and will pay the usual college registration fee in addition to the fee for each registered course and the incidental fees.
Subsequent compliance with entrance requirements, after the special course have been taken, will not validate the work done by the student while enrolled under the above conditions.
Admission Requirements and Procedures - Graduate School
Quoted hereunder is an excerpt from Department Order No.15 series 1964, of the Department of Education:
The requirement in the admission of students to graduated work shall be determined by the graduate school administration subject to the following:
Only those students who has completed the undergraduate course with at least an average rating of 85%, or B, or 2 in the entire course and did not receive any condition or failing marking any subject in the undergraduate work, shall be admitted by each school.
As a rule, only those students who in the judgment of the graduate dean or department head and a committee on graduate work and are able to successfully pursue the same should be admitted to graduate school. Admission, however, does not imply automatic admission to candidacy for any graduate degree.
Admission to candidacy for master’s degree shall be determined on the basis of quality performance in the graduate work of the student. Admission to candidacy for doctor’s degree shall be passing of the following examinations:
Proficiency examination in the foreign language required, and
Comprehensive examination covering the academic subjects.
Click here to visit our main site or wait 20 seconds to be redirected automatically to https://portal.edukasyon.ph/schools/the-university-of-manila/#requirements-and-procedure
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A final EPA rollback under Trump curbs use of health studies
by: ELLEN KNICKMEYER, Associated Press
Posted: Jan 4, 2021 / 11:23 PM CST / Updated: Jan 5, 2021 / 11:34 AM CST
FILE – In this Sept. 21, 2017, file photo, the Environmental Protection Agency (EPA) Building is shown in Washington. The Trump administration has completed action on one of its biggest remaining rollbacks of public health and environmental rules. EPA administrator Andrew Wheeler has wrapped up what he calls a transparency rule. The change could bar the agency from considering the findings of public-health studies unless the studies’ raw data is made public. (AP Photo/Pablo Martinez Monsivais, File)
The Environmental Protection Agency has completed one of its last major rollbacks under the Trump administration, changing how it considers evidence of harm from pollutants in a way that opponents say could cripple future public-health regulation.
EPA Administrator Andrew Wheeler is expected to formally announce completion of what he calls the “Strengthening Transparency in Regulatory Science” rule in an appearance before a conservative think tank on Tuesday. The EPA completed the final rule last week, but so far has declined to make the text public.
The new rule would require the release of raw data from public-health studies whose findings the EPA uses in determining the danger of an air pollutant, toxic chemical or other threat. Big public-health studies that studied the anonymized results of countless people have been instrumental in setting limits on toxic substances, including in some of the nation’s most important clean-air protections.
Some industry and conservative groups have long pushed for what they called the transparency rule. Opponents say the aim was to handicap future regulation.
In an opinion piece in The Wall Street Journal on Monday night, Wheeler said the change was in the interest of transparency.
“If the American people are to be regulated by interpretation of these scientific studies, they deserve to scrutinize the data as part of the scientific process and American self-government,” Wheeler wrote.
But critics say the new rule could force disclosure of the identities and details of individuals in public-health studies, jeopardizing medical confidentiality and future studies. Academics, scientists, universities, public health and medical officials, environmental groups and others have spoken out at public hearings and written to oppose the change.
“This really seems to be an attempt by Wheeler to permanently let major polluters trample on public health,” said Benjamin Levitan, a senior attorney with the Environmental Defense Fund advocacy group. “It ties the hands of future administrations in how they can protect the public health.”
The change could limit not only future public health protections, but “force the agency to revoke decades of clean air protections,” Chris Zarba, former head of the EPA’s Science Advisory Board, said in a statement.
Wheeler, in his Wall Street Journal piece, said the new limits wouldn’t compel the release of any personal data or “categorically” exclude any scientific work.
The EPA has been one of the most active agencies in carrying out President Donald Trump’s mandate to roll back regulations that conservative groups have identified as being unnecessary and burdensome to industry.
Many of the changes face court challenges and can be reversed by executive action or by lengthier bureaucratic process. But undoing them would take time and effort by the incoming Biden administration, which also has ambitious goals to fight climate-damaging fossil fuel emissions and lessen the impact of pollutants on lower-income and minority communities.
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More MLB players available for Olympic baseball qualifying
NEW YORK (AP) — The U.S. may get some better players for its second attempt to qualify for the Olympic baseball tournament.
Major League Baseball and the players’ association agreed to make players not likely to be on 26-man major league rosters available for the Americas qualifying tournament, to be played in Arizona from March 22-26.
When the U.S. stumbled in its first chance to qualify, at the Premier12 tournament in November, only players not on 40-man big league rosters were eligible for selection and the 28 Americans at the Premier12 combined for a career 2.1 Wins Above Replacement, according to Baseball Reference.
The change makes the roster rule similar to the one in place the last time baseball was included in the Olympics and could also benefit other nations with players under contract to big league organizations. For the 2008 Games in Beijing, players were eligible if they were not on 25-man big league rosters as of June 26 — about seven weeks before the Aug. 13 Olympic opener.
The timing of the Americas qualifying tournament makes player selection difficult. Nations must submit 26-man rosters on March 11 and can make changes through March 20. The MLB season does not start until March 26, so some clubs will not have made final roster decisions.
The U.S. was three outs from qualifying last November at the Premier12. Matt Clark hit a tying home run off former St. Louis pitcher Brandon Dickson leading off the bottom of the ninth inning, Efren Navarro had a broken-bat single against Caleb Thielbar to drive in the winning run in the 10th and Mexico beat the Americans 3-2.
At the Americas tournament, the U.S. opens against Nicaragua on March 22 at Surprise, plays the Dominican Republic the following day at Tempe and finishes Group B against Puerto Rico on March 24 in Surprise. Canada, Colombia, Cuba and Venezuela are in Group A.
The top two teams in each group advance to a super round, with head-to-head group results carrying over. The super round winner joins host Japan, Israel, Mexico and South Korea in the six-nation Olympic field. The second- and third-place nations advance to a final qualifying tournament from April 1-5 in Taiwan, joining a field that will include Australia, China, the Netherlands and Taiwan.
Baseball was an Olympic event from 1992-08. Cuba won three gold medals, the U.S. one (2000) and South Korea one (2008). The sport has been restored for the Tokyo Oympics and is likely to be dropped again for 2024.
This year’s Olympic event will be played at Fukushima and Yokohama from July 29 to Aug. 8.
by JOSH DUBOW, Associated Press / Jan 20, 2021
Aaron Rodgers, Patrick Mahomes and Josh Allen have something in common besides being three of the four starting quarterbacks remaining in the NFL playoffs.
The three were picked in the first round by teams coming off a playoff berth in moves that Green Bay, Kansas City and Buffalo surely don’t regret.
Chad Henne came off the bench cold in the heat of a tense playoff game and delivered the game-sealing plays for Kansas City in his most consequential performance in a win since 2013.
Henne became just the latest understudy quarterback to deliver a memorable performance in the postseason when he relieved an injured Patrick Mahomes and closed out a 22-17 win over Cleveland on Sunday that sent the defending champion Chiefs into the AFC championship game.
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Q&A 1351 – What is sackcloth?
In 2 Kings 6:30, the passage where the two women are arguing about whose son to eat, the king is wearing sackcloth under his regular robes. Why would he do that? What does it mean? Should we be wearing sackcloth today?
The passage reads, "And it came to pass, when the king heard the words of the woman, that he rent his clothes; and he passed by upon the wall, and the people looked, and, behold, he had sackcloth within upon his flesh" (KJV). Sackcloth was worn only in extraordinary circumstances. Here the fate of the people of Samaria is uncertain; they are starving to death. The king seems to want to "get God's attention" through humbling himself.
The word sackcloth comes from the Hebrew saq. In the time of Elisha (2 Kings 6), sackcloth was made from animal hair (goat or camel), and as the name suggests, was a material for making sacks -- for example, to hold grain. (Today it's made from flax or hemp.) It seems to have been worn next to the skin (Job 16:15). Sackcloth made from goat hair, because of its dark (black) color, was highly visible (Rev 6:12); it was meant to be seen (Isaiah 50:3). Perhaps the king was torn between maintaining control (appearing royal) and losing it (throwing himself on God's mercy).
Sackcloth was worn (1) to emphasize personal mourning or national distress (Genesis 37:34; 2 Samuel 3:31; Lamentations 2:10; Esther 4:1; Psalm 30:11; Isaiah 15:3, 22:12; Joel 1:13; Amos 8:10); (2) as a penitential practice (1 Kings 22:27-29; 2 Kings 19:1-2; 1 Chronicles 21:16; Nehemiah 9:1; Psalm 35:13; Jonah 3:5-8; Matthew 11:21; Luke 10:13; and (3) as a means of placating God or others (1 Kings 20:31-32; Jeremiah 4:8, 6:26; Daniel 9:3). Of course sometimes these purposes overlapped.
Some people in the OT were criticized for wearing sackcloth under false pretenses (Isaiah 58:5). Yet God cannot be manipulated. As for today, there's no indication that Christians should be wearing sackcloth, though in the Middle Ages it became fashionable to wear all sorts of uncomfortable garments as a means of mortifying the flesh (the famous hair-skin shirt, or cilice, popular among the monks).
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Ming Wang, Harvard & MIT (MD); PhD
Meet Dr. Ming Wang
Eye Surgeon
Movie "Sight"
Movie -"God is not dead"
Common Ground Network
Wang Foundation for Sight Restoration
Tennessee Immigrant and Minority Business Group
917 Society
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The American Bible project
Meet Dr. Ming Wang, MD, PhD
Dr. Ming Wang, Harvard & MIT (MD, magna cum laude), Ph.D. (laser physics), is a world-class cataract and LASIK eye surgeon, philanthropist, and community activist. He is the founding director of Wang Vision Institute and a Clinical Professor for Meharry Medical College, both in Nashville, TN.
Dr. Wang has performed over 55,000 procedures, including over 4,000 doctors. He has published over 100 papers, including one in the world-renowned journal Nature, as well as 10 ophthalmic textbooks:
Corneal Topography in the Wavefront Era
Irregular Astigmatism - Diagnosis and Treatment
Corneal Dystrophy and Degeneration - a Molecular Genetic Approach
Keratoconus and Keratoectasia - Prevention, Diagnosis, and Treatment
LASIK Vision Correction
Corneal Topography in the Wavefront Era - 2nd edition
Atlas and Clinical Guide for Corneal Topography
Refractive Lens Exchange - a Surgical Treatment for Presbyopia
Surgical Treatment for Presbyopia - the 5th Wave
Grow Your Eye Care Practice: High-Yield Pearls from the Marketing Experts
The Wang Foundation for Sight Restoration, a 501c(3) non-profit charity founded by Dr. Wang has helped patients from over 40 states in the U.S. and 55 countries worldwide, with all sight restoration surgeries performed free-of-charge.
As a co-founder of another501c(3) non-profit organization, the Common Ground Network, Dr. Wang is dedicated to helping people find common ground and solutions to problems in order to achieve more success and happiness.
Dr. Wang has received numerous awards including the Honor Award of the American Academy of Ophthalmology, the Lifetime Achievement Award of the Association of Chinese American Physicians, an honorary doctorate degree from Trevecca Nazarene University, NPR’s Philanthropist of the Year Award, and Kiwanis Nashvillian of the Year Award for his lifetime dedication to helping blind orphan children from around the world.
Dr. Wang’s patients include music stars such as Dolly Parton, Charlie Daniels, Kenny Chesney, Naomi Judd, Nicole Kidman, Amy Grant, and a “Dancing with the Stars” winner, Julianne Hough.
Dr. Wang is the founding president of the Tennessee Chinese Chamber of Commerce, co-founder of the Tennessee Immigrant and Minority Business Group, and CEO of Aier-USA, the U.S. extension of Aier Eye Hospitals--the world’s largest eye hospital group with over 500 locations in 3 continents--which provides eye care to 3 billion people worldwide.
After obtaining his Ph.D. in laser physics, Dr. Wang was trained at the top three eye institutes in the U.S.:
MD (magna cum laude), Harvard Medical School and Massachusetts Institute of Technology, Boston, MA
Residency, Wills Eye Hospital, Philadelphia, PA
Corneal and Refractive Surgery Fellowship, Bascom Palmer Eye Institute, Miami, FL.
SPECIALTIES AND EXPERTISE
Dr. Wang was one of the first eye surgeons in the United States to perform bladeless, all-laser LASIK, and SMILE (small incision lenticular extraction). To this day, his LASIK and SMILE procedures have exceptionally high rates of success. His world-renowned reputation led to him being selected as a LASIK surgeon for ABC’s national hit-show, Extreme Makeover.
Dr. Wang performs 3D SMILE and 3D LASIK (age 18+), 3D Implantable Contact Lens (age 21+), 3D Forever Young Lens (age 45+), 3D laser cataract surgery (age 60+), laser floater removal, and INTACS® corneal implants. He also runs an active international referral clinic for post-LASIK and post-cataract surgery complications.
A former panel consultant of the U.S. FDA Ophthalmic Device Panel, Dr. Wang holds several U.S. patents for his inventions of new biotechnologies to restore sight, including:
the world’s first amniotic membrane contact lens (AMCL).
an adaptive infrared retinoscopic device for detecting ocular aberrations.
a digital eye bank for virtual clinical trials.
Dr. Wang performed the world’s first femtosecond laser-assisted artificial cornea implantation (Alphacor) and the first INTACS® procedure in the U.S. using a new version for advanced keratoconus. He was a U.S. investigator in FDA clinical trial for a procedure to treat age-related loss of near vision (presbyopia) as well as a clinical trial for cross-linking to treat keratoconus. He introduced the femtosecond laser to Tennessee and performed the state’s first bladeless all-laser LASIK, as well as the first such procedure in China.
Throughout his career, Dr. Wang has been a member of many professional organizations, including:
Alumni Societies for both Harvard and MIT
Bascom Palmer Eye Institute Alumni Society
Nashville Academy of Ophthalmology
Wills Eye Hospital Alumni Society
Dr. Wang has served on the editorial boards or as reviewers for many top ophthalmology journals, such as the American Journal of Ophthalmology, Ophthalmology, British Journal of Ophthalmology, Investigative Ophthalmology and Visual Sciences, the Journal of Refractive Surgery, Cataract and Refractive Surgery Today, Review of Refractive Surgery, Refractive Eyecare and the Aier Journal of Refractive Surgery.
Dr. Wang grew up during China’s Cultural Revolution in the 1960s. During this time, millions of innocent youth were deported to remote areas to face life sentences of poverty and hard labor. He had to play the Chinese violin (“erhu”) and learn to dance in order to try to escape a life in labor camps. He eventually made his way to America with only $50. Following, he graduated with the highest honors from Harvard Medical School and MIT.
Dr. Wang and his wife Anle live in Nashville, TN with their three cats: Spaghetti, Tennessee, and Liliy. Dr. Wang is a champion amateur ballroom dancer and was a finalist in the world pro-am international 10-dance championships. Playing his erhu, he accompanied country music legend, Dolly Parton, on her album, Those Were the Days.
Known also for his work in philanthropy, Dr. Wang organizes an annual classical ballroom dance charity event, the EyeBall, which has drawn attendees from all across the U.S. and around the world.
Dr. Wang’s autobiography, From Darkness to Sight, is an inspirational story of how one man turned fear, poverty, persecution, and prejudice into healing and love for others. It demonstrates how focus, determination, humility, and profound faith can inspire a life that, in turn, impacts the lives of countless others. The book has inspired an upcoming movie called “Sight.”
Dr Wang's CV [Dr Wang's CV] 345 kB
Office: 1801 West End Ave, Ste 1150, Nashville, TN 37203
About Dr. Wang
(C) 2018-2020. Copyright DrMingWang.com. All Rights Reserved.
Attend a Dr. Wang's vision zoom
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Who we are Our management
Lucia Calvosa
Claudio Descalzi
Luca Bertelli
Luca Franceschini
Francesco Gattei
Claudio Granata
Erika Mandraffino
Marco Petracchini
Lapo Pistelli
Giuseppe Ricci
Cristian Signoretto
Stefano Speroni
Grazia Fimiani
Alessandro Puliti
Roberto Ulissi
Francesca Zarri
Lucia Calvosa was born in Rome and has been Chairman of Eni’s Board since May 2020. She has a honours degree in Law from the University of Pisa and is Professor of Commercial Law at the same university. She has been registered with the Pisa Bar since 1987 and works as a lawyer dealing with specialised aspects of corporate or bankruptcy law. She is currently an independent director in the board of CDP Venture Capital Sgr SpA and Banca Carige SpA and Chairman of the board of directors of Agi SpA – Eni Group. She is also a member of the General Council of the Giorgio Cini Foundation.
She was Chairman of Cassa di Risparmio of San Miniato SpA and in that capacity she was also member of the Banking Companies committee and Director of the Italian Banking Association (ABI).
She served as independent director and Chairman of the Control and Risk Committee of Telecom Italia SpA.
She also served as independent director of SEIF SpA and Banca Monte dei Paschi di Siena SpA.
She was a member of the Commission for the National Scientific Qualification for first and second-level university professors in sector 12 / b1 - Commercial Law.
She was a member of the Bankruptcy Procedures and Corporate Crisis Commission of the National Bar Council.
She carried out studies and research for several years at the Institut fur ausländisches und internationales Privat- und Wirtschaftsrecht of the University of Heidelberg and has participated with reports and speeches in numerous conferences.
In addition to many publications in leading legal journals and collective works, she has published three monographs on corporate and bankruptcy matters and has contributed to leading accredited manuals and commentaries on accounting issues.
She has received numerous awards. In 2005, she was awarded the Order of the Cherubino, by the University of Pisa, for her contribution to increasing the University’s standing for its scientific and cultural achievements and for her contribution to the life and operation of the University.
In 2010 she was awarded a UNESCO medal for having contributed to developing and disseminating the Italian artistic culture in the spirit of UNESCO.
In 2012 she was awarded the honour of Cavaliere dell’Ordine "al merito della Repubblica Italiana".
In 2015 she received the "Ambrogio Lorenzetti" award for good corporate governance, for having been able, as a Director, to introduce scientific rigour and the value of independence in highly complex and competitive business environments.
Biography of Lucia Calvosa
Lucia Calvosa - High resolution image
JPG 4.52 MB
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Media Press Release
Financial news, results and Strategic Plan
Eni result for the second quarter and half year 2020
30 July 2020 - 8:21 AM CEST
Eni's Board of Directors yesterday approved the consolidated results for the second quarter and first half of 2020 (not subject to audit).
Having examined the results, Eni CEO Claudio Descalzi said:
“Eni’s second quarter results are extremely positive considering we have gone through what is likely to be one of the most challenging quarters the oil and gas industry has faced in its history. Prices collapsed along with demand due to both the pandemic crisis and geopolitical tensions. While actions taken by OPEC+ have allowed the market to reach some stability, emerging from the pandemic will be difficult, with signs of great uncertainty still to come. Given the current circumstances, Eni has promptly reacted by reviewing its 2020-2021 industrial plans with the aim of maintaining a robust balance sheet. In particular, we have taken action to reduce operating costs by €1.4 billion in 2020, without compromising employee job security. Capex has been cut by €2.6 billion, mainly in the upstream business, which has been most impacted by the crisis. Our gas, retail and bio-refining businesses have shown particular robustness, posting better results than those achieved in 2019 despite the effects of the pandemic and beating market expectations. These results have allowed us to once again generate cash flow exceeding capex, without affecting our €18 billion liquidity reserve at June 30, 2020.”
Highlights for the first half and the second quarter
Hydrocarbon production: 1.71 million boe/d in the second quarter 2020, down by 6.6% compared to the second quarter 2019 (1.74 million boe/d in the first half, down by 5.1%).
Net of price effects, the decline was due to COVID-19 effects and related OPEC+ production cuts as well as lower gas demand, mainly in Egypt. The positive performance reported in Nigeria, Kazakhstan and Mexico and the additions due to the purchase of mineral interests in 2019 in Norway, more than offset the lower volumes in Libya driven by an anticipated contractual trigger, geopolitical instability and lower entitlements/spending.
In the first quarter 2020, started up oil production at the Agogo field, in Block 15/06 offshore Angola, just nine months after the discovery, thanks to the synergies with the Ngoma FPSO vessel operating the West Hub fields.
Completed a “fast track” project for exporting volumes of associated gas produced in Block 403 in Algeria, paving the way for the synergic development of the gas fields in the North Berkine leases.
Portfolio developments:
- awarded the operatorship of Block 28 (Eni’s interest 60%) in the Namibe and Benguela basins offshore Angola;
- awarded to the JV Vår Energi 17 new exploration licenses (7 of which operated) in the three main basins of the Norwegian continental shelf.
Exploration success:
- the estimate of oil in place was confirmed to 1 billion barrels at the Agogo discovery in Block 15/06, offshore Angola, following the successful outcome of a second appraisal well;
- made an oil discovery in the Saasken exploration prospect in Block 10, offshore Mexico. Estimated 200-300 million barrels of oil in place;
- made a gas and condensate discovery in the exploration prospect Mahani-1, onshore the Sharjah Emirate (UAE), in the Concession B area, just one year after signing the concession agreement;
- made a gas discovery in the license of North El Hammad, in the Bashrush prospect in the Nile Delta, located near Nooros and Baltim South West fields;
- oil discovery in the SWM-A-6X exploration prospect, in South West Meleiha concession, in the Western Desert of Egypt. Production from South West Meleiha concession, started up in July 2019, in just one year ramped up to 12,000 boe/d leveraging on the contribution of new discoveries;
- the estimate of gas and condensate potential was increased to 200-250 billion cubic meters of gas in place and 400-500 million of barrels of condensate at the Ken Bau discovery in Block 114, offshore Vietnam.
E&P’s adjusted operating result: adjusted operating loss of €0.81 billion in the second quarter 2020 vs. adjusted operating profit of €2.14 billion in the same quarter of 2019 (profit of €0.23 billion in the first half, down by €4.2 billion y-o-y) driven by materially lower hydrocarbon prices and by COVID-19 related effects.
Acquired a 20% interest in Tate s.r.l., a start-up operating in the activation and management of the electricity and gas contracts through digital solutions.
Eni gas e luce and OVO launched a strategic partnership to deliver a digital service in France to raise customer awareness for a responsible use of energy and access to zero-emission technologies. Leveraging on this initiative, Eni gas e luce strengthened its position as energy advisor in the retail business and contributes to Eni’s energy transition.
Increased its customer base by 135,000 delivery points from the end of 2019 (up by 1.4%) due to the development of activities in Italy and in other markets in Europe, notwithstanding the pandemic impact.
G&P’s adjusted operating profit of €0.22 billion for the second quarter 2020, a fivefold-increase compared to the same quarter of 2019 (€0.65 billion in the first half, up by 72% from the first half of 2019), driven by the wholesale business which leveraged optimizations of the gas and power assets portfolio in a volatile market. The retail business reported solid and growing results, despite lower seasonal sales and the impact of COVID-19 on power demand and the counterparty risk.
Refining & Marketing and Chemicals
Achieved stable run rates at the Gela bio-refinery with throughputs 58% higher than the budget. The HVO spread was increased due to higher biofuel demand in the main European countries (Germany, France) to comply with mandatory targets of biofuels to be sold on the market.
Restarted and upgraded the Crescentino plant for the production of a bioethanol disinfectant from corn glucose syrup, based on the formulation provided by the WHO and utilized as a medical device; restarted the biomass power plant for renewable electricity generation. R&D activities currently focused on developing a production process of bio-plastics from second-generation saccharose.
In July, Versalis finalized the acquisition of a 40% interest in Finproject, a company engaged in the high-performance polymers segment, increasing exposure to products more resilient to the volatility of the chemical scenario.
Signed an agreement with COREPLA (National Consortium for the Collection, Recycling and Recovery of Plastic Packaging) to develop effective solutions to valorize utilized plastics applying Eni’s expertise in the fields of gasification and chemical recycling by means of pyrolysis.
R&M’s adjusted operating profit of €139 million in the second quarter was a significant improvement over the year-ago quarter, up by €60 million or 76% (€220 million, a two fold increase from the first half 2019), driven by growing bio-fuels production with the ramp-up of the Gela bio-refinery. Retail and wholesale activities were negatively affected by a drop in fuels demand due to the lockdown measures adopted to contain the COVID-19 pandemic.
Chemicals’ adjusted operating loss of €66 million in the quarter (a loss of €131 million in the first half) was due to lower sale/production volumes impacted by lower demand in connection with the ripple effects on the economy of the COVID-19 pandemic.
Energy Solutions, decarbonization and circular economy
Expansion program for renewable energy generation capacity: as of June 30, 2020, installed capacity amounted to 251 MW (up by 77 MW compared to December 31, 2019).
Closed the acquisition of a 49% stake in Falck Renewables that is operating five photovoltaic plants in the US (for a total installed capacity of 116 MW), including storage capacity, with the aim of developing joint projects in this market.
Acquired from Asja Ambiente three wind projects for a total capacity of 35.2 MW, which are expected to produce approximately 81 GWh/y, avoiding around 33,400 tonnes of CO2 emissions per year. The three plants, currently under construction, are the first wind project to be launched by Eni in Italy.
Started in July the photovoltaic plant at Volpiano (total capacity of 18 MW), with an expected production of 27 GWh/y, avoiding 370,000 tonnes of CO2 emissions over the service life of the plant.
Direct GHG emissions (Scope 1): in the first half reduced to 18.86 million tCO2 eq. from 20.86 million tCO2 eq. in the first half 2019.
Quarterly results were negatively and materially affected by the combined impact of the ongoing economic recession due to the COVID-19 effects on production, international commerce and travel, with a major impact on energy demand, and by oil and gas oversupplies.
Adjusted operating result: reported an adjusted operating loss of €0.43 billion in the second quarter 2020 vs. a profit of €2.28 billion in the second quarter 2019 (adjusted operating profit of €0.87 billion in the first half 2020, down by 81% compared to 2019). The lower quarterly performance was driven by scenario effects of -€2.6 billion and the operational effects of COVID-19 for -€0.3 billion1, partly offset by an improved underlying performance of €0.2 billion. In the first half 2020, the underlying performance was positive for €0.3 billion.
Adjusted net result: adjusted net loss at €0.71 billion in the second quarter and €0.66 billion in the first half, driven by a lower operating profit and an increased Group tax rate that was negatively affected by the depressed scenario.
Net result: the Group reported a net loss of €4.41 billion and €7.34 billion in the second quarter and the first half 2020, respectively, due to the recognition of pre-tax impairment losses at non-current assets for €3.4 billion (of which €2.8 billion in the second quarter) mainly relating to oil&gas assets and refinery plants, due to a revised outlook for oil and natural gas prices and product margins, equaling to a post-tax amount of €3.6 billion that includes the write-off of deferred tax assets (of which €3.5 billion booked in the second quarter). Net result was also affected by a post-tax loss on stock of €1 billion due to the alignment of the book value of inventories to current market prices.
Adjusted net cash before changes in working capital at replacement cost: €3.26 billion in the first half 2020, down by 52% vs. the first half 2019 (€1.31 billion in the quarter, down by 61%) driven by negative scenario effects for -€3.5 billion, including the impact of dividends from equity accounted entities, operational impacts associated with the COVID-19 for -€0.6 billion, a non-cash change in fair valued derivatives for -€0.3 billion, while the underlying performance was a positive of €0.8 billion.
Net cash from operations: approximately €2.4 billion in the first half, down by 64% (€1.4 billion in the quarter, down by 69%).
Net investments: €2.86 billion, down by 24% due to the curtailment of the capex plan adopted since March 2020, fully funded by the adjusted cash flow.
Net borrowings: €19.97 billion (€14.33 billion when excluding lease liabilities), up by €2.85 billion from December 31, 2019.
Leverage: 0.37, before the effect of IFRS 16, higher than the ratio at December 31, 2019 (0.24) and at March 31, 2020 (0.28). Including IFRS 16, leverage was 0.51.
1 They comprise a reduction in hydrocarbon production due to capex cut and lower global gas demand, lower offtakes at LNG supply in Asia, lower production sale volumes in R&M and Chemicals, higher allowances for doubtful accounts due to an expected deterioration in the counterparty risk.
The full version of the Press Release is available in PDF format.
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What is Livelihoods Programming? (Special Supplement 3)
2.1 Livelihoods principles and the livelihoods framework
The livelihoods principles and framework form the basis of all livelihoods programming. The fundamental principles of livelihoods programming are that it is people-centred, multilevel, dynamic, and ultimately aims to achieve sustainable livelihoods4.
People-centred
Livelihoods programming fully involves the people whose livelihoods are affected. A livelihoods approach identifies programmes based on the priorities and goals defined by people themselves and supports their own livelihoods strategies. It builds on people's strengths, and in emergencies, people are assisted in becoming less vulnerable and more resilient to the impact of disasters.
Multi-level and holistic
Livelihoods programming recognises multiple influences on people at different levels, and seeks to understand the relationships between these influences and their joint impact upon livelihoods. This includes influences at the macro level (national and international) and at the micro-level (community and household). It also recognises the multiple actors (from the private sector to national level ministries) influencing livelihoods. It acknowledges the multiple livelihood strategies that people adopt to protect and secure their livelihoods and multiple livelihood outcomes.
Livelihoods change over time. A livelihoods approach aims to understand and learn from change so that it can support positive patterns of change and help mitigate negative patterns. It explicitly recognises the effects on livelihoods of external shocks and the longer-term processes that may erode livelihoods, such as climate change, HIV/AIDS and economic decline. It also recognises the potential for competing livelihood strategies. People compete for jobs, land, etc, and this makes it difficult for everyone to achieve simultaneous improvements in their livelihoods. This is particularly important in emergency situations where competition for access to resources may increase.
Livelihoods are sustainable when:
they are resilient in the face of external shocks and stresses
they are not dependent upon external support (or if they are, this support itself is economically and institutionally sustainable)
they maintain the long-term productivity of natural resources, and
they do not undermine the livelihoods of, or compromise the livelihood options open to, others.
In emergencies, the focus is more likely to be on reducing vulnerability and improving resilience, than promoting sustainability. The likelihood and appropriateness of achieving sustainability will depend on the conditions in which people live, including political stability and basic respect for human rights.
The sustainable livelihoods framework is shown in figure 1. This captures the main elements which comprise and influence people's livelihoods. This framework was devised for development programming, and a number of changes have been suggested for emergencies (see figure 2). The description of the different elements below includes an interpretation of the framework for emergencies.
Vulnerability context
This refers to the structural and underlying causes of people's vulnerability to food and livelihood insecurity. According to DfID (1999) it frames the external environment in which people exist, and is the element of the framework that is most beyond people's control. It includes shocks (e.g. natural, economic, conflict), trends (e.g. population, economic, governance), and seasonality. Together with policies, institutions and processes, the vulnerability context determines the options that people have in achieving their livelihood goals. Adapted emergency frameworks either show the vulnerability context as having a direct relationship with each element of the livelihoods framework (Collinson, 2003, February) or eliminate the external box on the vulnerability context (Lautze and Raven- Roberts, 2003, September). Rather than being external, vulnerability needs to be considered as endogenous and inherent to livelihoods systems.
Livelihood assets
This encompasses what people have, i.e. physical, financial, human, social and natural assets or capital5.
Human assets represent the skills, knowledge, education, ability to labour and good health that enable people to pursue different livelihood strategies and achieve their livelihood objectives.
Social assets refer to status in society, as well as access to an extended family and other social networks, such as membership of more formalised groups. It also includes relationships of trust and reciprocity that facilitate cooperation, reduce transaction costs and can provide the basis for informal safety nets amongst poor people.
Natural assets comprise natural resource stocks, which people can access and use to build their livelihoods (such as agricultural land, forests, water resources etc.).
Physical assets include livestock, land, shelter, tools and equipment, but may also be community owned, e.g. road infrastructure, communication networks, etc.
Financial assets include income, but also access to credit and investments. It may include available stocks, which can be held in several forms, e.g. cash, bank deposits, livestock and jewellery. It may also comprise regular inflows of money, including earned income, pensions, other transfers from the state, and remittances.
Emergency livelihood frameworks have added a sixth asset - political assets or capital. This can be most easily interpreted as proximity to power, which in many emergency and nonemergency contexts can be the main determinant of vulnerability to food and income insecurity. In many internal conflicts, people's vulnerability is linked to their political status, and traditional minority or marginalised groups (often particular ethnic groups) are exploited by state or non-state actors.
The resilience of people's livelihoods is largely determined by the resources or assets available to them and how these have been affected by disaster. In natural disasters, people with a greater asset base are often less vulnerable, and able to recover more quickly. Emergencies have varying impacts on assets, which may be lost, destroyed or sold.
Vulnerability is however, not necessarily associated with poverty, as assets can be transformed into life-threatening liabilities in complex emergencies (Lautze and Raven-Roberts, 2003, Spetember). The emergency model shown in Figure 2 expands the asset pentagon to include liabilities as, in violent conflict, assets can expose households or population groups to greater risks. For example, for numerous populations who live in resource rich areas (e.g. oil and diamonds in Democratic Republic of Congo (DRC), Liberia, Angola), this asset has turned into a liability. Similarly, Dinka livestock wealth in South Sudan was turned into a liability in the context of violent raiding (Keen, 1988).
Policies, institutions and processes
Oxfam food security officer in an Oxfam supported vegetable garden
Policies can be taken to include any government, donor, United Nations (UN) and non-governmental organisations' (NGO) policies, and private sector policy and behaviour, which shape people's livelihoods, at local, national and international level. For example, a country's agricultural, land tenure or land use policies can be instrumental in increasing or reducing vulnerability to disasters. Land rights and access to land are often key issues in emergencies. Policies or strategies of warring parties are frequently deliberately aimed at undermining the livelihoods of some groups. At international level, structural adjustment programmes often hamper the ability of countries to deal with disasters by removing some of the state support mechanisms by, for example, removal of food and agricultural subsidies, and reducing the role of marketing boards (de Armas and Clay, 2002). The agricultural subsidies of western countries (such as the European Union (EU) and the United States (US) and international trade rules, undermine the production and export of agricultural products from developing countries.
Institutions include civic, political and economic institutions (formal and informal governance), or any other customs, rules or common law that is an important feature of society. Examples include judicial systems, public services, but also credit systems and markets. People's protection and welfare depends on accountable political systems, rule of law, functioning judicial systems, and the provision of public services (Cliffe and Luckam, 2000; Jaspars and Shoham, 2002, December). The vulnerability of some groups is frequently determined by the absence or failure of these institutions. The role of informal governance often becomes more important where formal governance is weak or collapsed. Local institutions can play a positive role in maintaining public order, for example, in Somalia through customary law and sharia courts (UNDP, 2001). In Darfur, a study found good examples of localised conflict resolution initiatives and good local governance (Young et al, 2005, June).
Processes determine the way institutions and people operate and interact. They can include changes in the economy (e.g. inflation, exchange rates), changes in employment patterns, markets, and long term processes of social, economic and political marginalisation. Access to, and participation in, markets is crucial for all livelihoods in cash economies. HIV/AIDS, urbanisation, and climate change and long term processes of social, economic and political marginalisation all have fundamental impacts on the viability of livelihoods.
Livelihood strategies
Livelihood strategies are generally understood as the strategies that people normally use in stable and peaceful times to meet basic needs and to contribute to future well-being. Coping strategies, in contrast, are temporary responses to food insecurity, although in many protracted emergencies, the coping strategies that used to be adopted in periods of acute crisis, have now become the de facto livelihood strategies.
In emergencies, certain livelihood strategies may no longer be possible, whilst others will need to be increased to compensate. New strategies are adopted in response to food insecurity. The initial strategies adopted are generally those that are not damaging to livelihoods, such as migration for work, collection of wild foods, etc. As more people adopt the same strategies, however, or options become more limited (e.g. as a result of war), strategies become more damaging to both livelihoods and dignity. In political or conflict related emergencies, options may include engaging in violent, illegal, unsafe or degrading activities (Jaspars and Shoham, 2002, December). In many internal conflicts, the conflict itself provides economic benefits for some groups or individuals. This has led to the most extreme forms of abuse and exploitation of historically marginalised groups (Keen, 1998). The longer a conflict continues, the more likely it is that people will find a way to profit from it which in turn perpetuates the conflict.
Livelihood outcomes
Livelihood outcomes go beyond food and income security, to also include quality of life. The right to life with dignity is one of the fundamental principles in the Humanitarian Charter (Sphere, 2004), but in the rush to respond to emergencies, people's dignity is often forgotten. In fact, there is no commonly held definition of dignity, and as such it remains unidentifiable and unregulated in humanitarian response (Martone, forthcoming). Whilst there is no standard definition of dignity in most societies, it will include an element of choice, a sense of self-worth and control over one's future.
2.2 Objectives of providing livelihood support
A blacksmith in Sudan (above) and a potter in India (below), both examples of livelihood strategies
The focus on livelihoods in emergency programming originates from the late 1980's, following the African famines in the middle of that decade. At that time, emergency response started when people were destitute, malnourished and had migrated to famine camps. The actors involved in the emergency response realised that if the response had started earlier, it would have been possible to prevent large-scale loss of livelihood assets and migration to camps. In other words, that lives could be saved in the longer term by saving livelihoods. The late 80's and early 90's was also associated with the development of famine early warning systems (FEWS), whose primary objective was to detect deterioration in food security early on and to trigger responses that would prevent destitution and famine associated with large scale loss of life. Studies on people's responses to food insecurity and famine, also contributed to a focus on livelihoods in emergency response (e.g. Corbett, 1988 and de Waal, 1989). These studies showed that a key priority for people threatened by famine was to preserve essential livelihood assets and to prevent destitution, rather than maintaining levels of food intake.
Table 1 Objectives of livelihoods programming
Stage of crisis Objective of livelihoods programming
Early Livelihood protection/mitigation (prevent erosion or destruction of assets).
Acute Save lives and livelihood protection.
Post crisis Livelihood recovery/rehabilitation (process of protecting and promoting livelihood of people recovering from emergencies, restoring productive assets).
Development Livelihood promotion (improving resilience of household livelihoods, diversification of livelihood strategies, improving access to markets).
Source: Adapted from Maxwell (1999a).
One of the main objectives of livelihood support in emergencies is, therefore, to protect the assets that are essential to people's livelihoods, and to support people's own priorities and strategies. The core principle of humanitarian action, that of humanity, implies the need to protect livelihood. Humanity is generally defined as: "to prevent and alleviate human suffering wherever it might be found. To protect life and health and ensure respect for the human being". Livelihood 'protection' can also be taken to have a broader meaning relating to upholding people's rights. A protection activity, in this sense, is any activity which aims to prevent or put a stop to a specific pattern of abuse and/or alleviates its immediate effects; to restore people's dignity and ensure adequate living conditions, and to foster an environment conducive to respect for the rights of individuals in accordance with the relevant bodies of law (Caverzasio, 2001).
The objectives of livelihood support may vary according to the stage and severity of an emergency. This is illustrated in table 1 which demonstrates that different types of livelihood support can be implemented at different stages of an emergency, and can be carried out at the same time as life saving interventions.
In development contexts, capacity building and working in partnership are also key objectives of livelihood support, which can include building the capacity of local institutions such as local NGOs, other forms of civil society, or government institutions. The appropriateness of this in emergency contexts depends on the nature of the emergency, as such objectives may compromise humanitarian principles in situations of internal conflict. Livelihood support may also include interventions to address the policies, institutions and processes that are part of the livelihoods framework. For example, advocacy to change national and international policies of states, donors and UN organisations.
A bike repair shop in Trinco (above) and a laundry shop in Kilnochchi (below), Sri Lanka, both supported by cash grants as part of an Oxfam livelihood activity rehabilitation project
Figure 3 illustrates how programme objectives and the sustainability of livelihoods are linked to stability of the context. Stability essentially means situations in which there is peace, basic respect for human rights, and that food security, malnutrition and mortality are at acceptable levels. In the most unstable situations, the main aim of emergency interventions is to save lives and if possible, livelihood protection. As stability increases, programmes may be able to build or recover assets as well as protect existing ones. Livelihoods will only become truly sustainable, however, if people have power in local, national and in international markets. An example where all objectives were combined simultaneously is Aceh (see Box 1).
2.3 An overview of livelihoods interventions in emergencies
Emergency response usually includes a number of standard life-saving interventions, including general food distribution and selective feeding programmes, as well as public health interventions such as water, sanitation, shelter and health care. The most common intervention to support livelihoods has been the distribution of seeds and tools, which has almost become a routine recovery intervention. However, using the livelihoods framework as the basis for interventions, and given the variety of livelihood systems that can be found in any context, there should be a far wider range of livelihood support interventions.
Table 2 provides a description and objectives that have been used in the past for different types of livelihood interventions. The interventions are grouped according to the Sphere minimum standards for food security: income and employment support, market support and production support. In reality, the grouping is not as clear cut as represented here and so multiple Sphere standards will apply to the same intervention (box 2). For example, the standard on access to markets will apply to most food security or livelihoods interventions.
Searching for bodies immediately post-tsunami was supported through Oxfam CFW programming in Aceh, Indonesia
The range of potential interventions in any particular emergency context is much wider than table 2 indicates, as each intervention must be designed to suit the local context, both in terms of the nature and severity of the emergency and the types of livelihoods affected. Arange of programming options should be considered based on an analysis of expressed needs by the affected population. Interventions that do not take account of local priorities rarely work (Sphere, 2004).
Livelihood interventions to address the failings of policies, institutions and processes are not included in the table, as these will be particular to the emergency context. Support for assets and strategies is often more effective if combined with policy and advocacy work to address the policies, institutions and processes that limit people's livelihood options. For example, agricultural support will often need to be accompanied by policy work on increasing access to land and land rights issues. Working in conflict may require advocacy on respect for International Humanitarian Law to stop warring parties destroying or undermining livelihood strategies and assets.
Box 1 Supporting livelihoods while saving lives in Aceh
In the first two weeks following the tsunami, many displaced families in Aceh wanted to return home. The proportion of internally displaced people (IDPs) who wanted to go home varied by location. Assistance was requested first for burying bodies, then for water and food. People then wanted to be able to rebuild houses and recover farmland, followed by livelihood recovery. At the same time, the vast majority of IDPs had lost everything and were depending on emergency relief to meet their immediate food and non-food needs
While implementing emergency water, sanitation, health and food distribution programmes, international agencies started CFW programmes almost immediately. The CFW programmes aimed to provide cash to meet immediate needs (such as food and kitchen utensils), stimulate markets, and ensure essential work activities. Work started with clearing roads and solid waste disposal. This allowed some people to return home immediately as they had road access. Once back in their home areas, further work was carried out on clearing waste, burying bodies, and later on, building houses. Subsequently, CFW was used to rehabilitate farms and rebuild fishing boats. Cash grants were provided to people who wanted to re-establish businesses and to purchase assets essential to their livelihoods. As well as emergency livelihoods programmes, work was initiated in the first month on land rights issues, and promoting sustainable access to markets for small scale timber producers.
Source: S. Jaspars.
Box 2 Minimum standards for food security in emergencies
Standard 1 - General food security
People have access to adequate and appropriate food and nonfood items in a manner that ensures their survival, prevents erosion of assets, and upholds their dignity
Standard 2 - Primary production
Primary production mechanisms are protected and supported
Standard 3 - Income and employment
Where income generation and employment are feasible livelihood strategies, people have access to appropriate income earning opportunities, which generate fair remuneration and contribute towards food security without jeopardizing the resources upon which livelihoods are based.
Standard 4 - Access to markets
People's safe access to market goods and services as producers, consumers and traders is protected and promoted
Source: The Sphere Project (2004).
Table 2 Description and objectives of different livelihood support interventions
Intervention Description Objectives
Food aid
General distribution Free distribution of a combination of food commodities to the affected population as a whole. If the population is cut off from their food supply or suffers abnormally high rates of malnutrition, food rations should meet nutritional needs. Income and employment To meet immediate food needs of populations cut off from their normal sources of food.
To protect or recover livelihoods by preventing the sale of assets, or allowing households to spend time on productive activities that will restore livelihoods. Income and employment
Income and employment
Food for work (FFW) Public works programmes where workers are paid in food aid. The food ration is often calculated to be less than the daily wage rate for an area. The rationale for this is that the poorest self-select. To provide food aid as income support for the poor or unemployed.
To rehabilitate infrastructure, e.g. roads, schools, irrigation systems etc.
Cash for work (CFW) Beneficiaries are paid in cash to work on public works or community schemes. Commonly these are to improve roads and water sources. The programme targets the poorest or most food insecure. To provide income to meet basic food and non-food needs and provide income support.
To rebuild community assets.
To stimulate the local economy.
Cash grants The provision of money to targeted households or communities, either as emergency relief to meet their basic needs for food and non-food items, or as a grant to buy assets essential for the recovery of their livelihoods. To meet basic food and non-food needs.
To recover livelihoods through the purchase of essential assets or re-establish business.
To cancel credit debts.
Micro-finance The provision of financial services to vulnerable but economically active individuals and households. This can be loans, remittance services, loan rescheduling, insurance, etc. To restart local economies through enterprise and employment creation.
To increase economic self-sufficiency.
Market support
Commodity vouchers Vouchers distributed to emergency- affected populations which can be exchanged for fixed quantity of named commodities from certified traders either at distribution outlets, markets or special relief shops. To provide income support and meet basic needs.
To provide production support; in case of seed vouchers.
To support traders/retailers and stimulate markets.
Cash vouchers Cash vouchers have a fixed cash value and can be exchanged for a range of items up to this value, from special shops or traders. To provide income support.
To recover livelihoods.
To stimulate markets and trade.
Monetisation and subsidised sales Putting large quantities of food aid grain on to the market or subsidised sale through specified outlets. To improve access to staple foods for consumers.
To ensure that prices are kept within normal boundaries.
To improve traders' access to commodities.
Market infrastructure For example, transport and feeder roads. Some of this may be done through cash or food for work programmes. To improve physical access to markets for producers.
De-stocking Purchase of livestock when there is pressure on water and pasture and prices are falling, at above prevailing market prices. Animals can be slaughtered and meat distributed as part of the relief effort. To protect income and terms of trade for pastoralists.
To prevent collapse in livestock market.
Agricultural support Agricultural support programmes usually involve some form of seed distribution in conjunction with inputs to help plant and harvest crops e.g. tools, pesticide spray. To help re-establish crop production.
Livestock support This can take a variety of forms. Early in a food crisis, interventions include provision of water, fodder, veterinary care, livestock offtake/de-stocking (when animals are at increased risk of dying). After the acute stage of crisis, interventions may include restocking. To prevent loss of livestock through sales or death.
To assist in herd recovery.
Fishing support Distribution of fishing tools to improve catch (nets, boats, cages). To increase ability of people to fish as a source of food and income.
Source: Jaspars et al (2002, August), Oxfam GB (2003, August), Creti and Jaspars, Eds (2006).
Collinson (2003, February). Power, livelihoods and conflict: case studies in political economy analysis for humanitarian action. HPG report 13. ODI.
DfID (1999). Sustainable livelihoods guidance sheets. www.livelihoods.org Sphere Project (2004). Humanitarian Charter and Minimum Standards in Disaster Response, Oxford: Oxfam Publishing
Lautze and Raven-Roberts (2003, September). The vulnerability context; is there something wrong with this picture? (Embedding vulnerability in livelihoods models; a work in progress). UN Food and Agricultural Organisation, Rome.
4The text on livelihoods principles is an adaptation of that provided by DfID in their sustainable livelihoods guidance sheets (section 1). DfID (1999).
5Much of the description of the different types of assets has been taken from the DfID sustainable livelihoods guidance sheets. Section 2. DfID (1999).
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Livelihoods interventions
Date: March 2006
Issue: Supplement 3: From food crisis to fair trade
Article Type: Special section
Updated on 1 March 2006
Susanne Jaspars (2006). What is Livelihoods Programming? (Special Supplement 3). Supplement 3: From food crisis to fair trade, March 2006. p6. www.ennonline.net/fex/103/chapter2
(ENN_3164)
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UN chief presses EU to agree tougher climate change target
United Nations Secretary General Antonio Guterres is seen on a screen as she delivers her speech during the so-called Petersberg Climate Dialogue in Berlin, 28 April 2020. [EPA-EFE/MICHAEL KAPPELER]
United Nations Secretary-General Antonio Guterres on Thursday (19 November) urged the European Union to lead global efforts to slash planet-warming emissions by setting a new climate change target next month.
Efforts to curb climate change have gathered pace in recent months, as China, Japan and South Korea joined the EU in pledging to eventually become carbon neutral – a commitment President-elect Joe Biden says the United States will also make.
Europe looks likely to be the first large economy to translate its net zero goal into near-term commitments. The bloc’s 27 member countries aim to strike a deal next month on a new 2030 climate target.
“I urge you to continue to lead with concrete and ambitious near-term commitments,” Guterres told a videoconference on Thursday.
“It is essential that the European Union commits to reducing emissions by at least 55% by 2030,” he told the European Council on Foreign Relations (ECFR), a think tank.
The EU Commission says cutting emissions at least 55% this decade, from 1990 levels, would put the bloc on track to reach net zero emissions by 2050.
The EU’s current 2030 target is a 40% emissions cut.
Guterres said a summit hosted by the UN and Britain on Dec. 12 was a “clear opportunity” for the EU to present the new target.
That event will take place one day after EU leaders meet to discuss the climate goal, leaving little wiggle room if they struggle to reach a deal.
Most EU countries support the 55% target, but it needs approval from all 27 states, and Poland has requested more analysis of its economic impact.
Guterres said funds from Europe’s next budget and recovery fund should help protect those affected by the low-carbon shift, adding that the proposed €1.85 trillion package is “an opportunity to invest in measures and technologies needed to achieve climate neutrality by 2050”.
He also called on EU countries to stop financing fossil fuel projects abroad and said richer EU states should stop burning coal this decade – a call to action for Germany, the EU’s biggest coal user and largest economy, which plans to quit the fuel by 2038.
“There must be no new coal, and all existing coal in the EU should be phased out by 2030 in OECD countries, and by 2040 elsewhere,” he said, warning: “we are still running behind in the race against time” to stop global warming.
Warsaw says 'further analysis needed' before EU's 2030 climate target can be agreed
Further analysis into the impact of tougher climate goals on EU member states is needed before Poland can sign up to the European Commission’s proposed 55% greenhouse gas reduction target for 2030, a senior Polish minister has said.
2050 carbon neutrality
2050 climate strategy
LUKOIL is one of the largest publicly traded, vertically integrated energy companies in the World. The corporate mission of LUKOIL is to make the energy of natural resources serve the interests of mankind. Every day millions of consumers worldwide buy LUKOIL products, energy and heat, improving the quality of their life.
LUKOIL’s main activities are exploration and production of oil and gas, refining and marketing of petroleum products and petrochemicals, as well as power generation. In order to reduce environmental impact and make efficient use of resources, LUKOIL has developed renewable energy solutions including hydroelectric, solar and wind generation.
LUKOIL conducts its business in a responsible and sustainable way, seeking to strike a balance between socio-economic and environmental development by supporting communities, contributing to the economy and preserving the environment. The company stringently abides by the highest global environmental standards and shares the principles of the United Nations Global Compact ensuring high levels of occupational safety and health. Taking social responsibility for the efficient use of natural resources in all its earnestness and maintaining favorable environmental conditions in its business, LUKOIL is guided by the highest HSE standards. In its operations LUKOIL pursues the sustainable development principles and seeks to achieve a good balance between socio-economic and environmental development.
LUKOIL corporate governance system is based on international best practices and fully incorporates the principles of openness, regulatory requirements, fair competition, and transparency.
LUKOIL ordinary shares are admitted to the Moscow Exchange. LUKOIL depositary receipts are listed on the London and Frankfurt Stock Exchanges, as well as on the US OTC market.
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Trump summoned supporters to ‘wild’ protest, and told them to fight. They did
US President Donald J. Trump delivers remarks to supporters gathered to protest Congress' upcoming certification of Joe Biden as the next president on the Ellipse in Washington, DC, USA, 6 January 2021. [Shawn Thew/EPA/EFE]
The chaos in the US Capitol on Wednesday (6 January) unfolded after President Donald Trump spent weeks whipping up his supporters with false allegations of fraud in the 3 November election, culminating in a call to march to the building that represents US democracy.
Trump, who has refused to concede his loss to Democratic President-elect Joe Biden, had urged his supporters multiple times to come to Washington for a rally on Wednesday, the day the US House of Representatives and Senate were scheduled to certify the results of the Electoral College.
“Statistically impossible to have lost the 2020 Election,” Trump, a Republican, tweeted on 20 December. “Big protest in DC on January 6th. Be there, will be wild!”
They turned out in the thousands and heard the president urge them to march on the Capitol building to express their anger at the voting process and to pressure their elected officials to reject the results.
“We’re going to walk down to the Capitol and we’re going to cheer on our brave senators and Congressmen and women,” Trump told the crowd, speaking with the White House as a backdrop.
Appearing at what could be his last rally as the sitting president, Trump exhorted his supporters “to fight.”
“We will never give up, we will never concede,” Trump said, delighting the crowd by calling Democratic victories the product of what he called “explosions of bullshit.”
“Bullshit! Bullshit! Bullshit!” people chanted in reply.
Trump has sought for weeks to thwart a peaceful transfer of power, aided by groups like “Stop the Steal,” which promoted the day’s protest and peddled false claims about voter fraud on Facebook and other social media.
Wednesday’s events were the culmination of those efforts. About 50 minutes into the speech, some of his supporters, waving Trump flags, began heading toward Capitol Hill, where unprecedented mayhem ensued.
Protesters fought through police barricades, stormed the building and entered lawmakers’ chambers. The certification process was stopped and Vice President Mike Pence and members of Congress were evacuated.One civilian was shot dead, Washington police said. As night fell, a Capitol official said the building had been cleared, but outside some way from the grounds, scores of protesters remained, including members of militia and far-right groups.
‘I know you’re hurt’
Monitoring the scenes of violence on cable news television from the Oval Office, Trump tweeted about an hour after the Capitol was put on lockdown that the protesters should “remain peaceful.”
As criticism mounted that he had incited a riot, he was urged to say more by a Trump stalwart, House Republican leader Kevin McCarthy, and some of the advisers who remain in the White House for his dwindling days in office.
Biden had come out forcefully on live television and said the violence was “not a protest, it’s insurrection.” He called on Trump to demand “an end to this siege.”
Eventually, Trump posted a recorded video on Twitter.
“I know you’re hurt. We had an election that was stolen from us. It was a landslide election,” Trump said, repeating familiar falsehoods. “But you have to go home now. We have to have peace. We have to have law and order.”
He posted another message that called the mob “great patriots” who were reacting to an election victory “viciously stripped away.” Twitter later hid three tweets and locked Trump’s account.
Trump’s failure to rein in his supporters stood in sharp contrast to his attitude last summer when he threatened arrests and the use of force to break up protests against racial inequality.
During the Black Lives Matter protests, Trump discussed using the military in response, and an area near the White House was forcibly cleared for him to stage a photo-op in front of a church, holding a Bible.
Democrats and some Republicans blamed Trump for inciting the violence on Wednesday.
“Today’s violent assault on our Capitol, an effort to subjugate American democracy by mob rule, was fomented by Mr. Trump,” Jim Mattis, a former defense secretary under Trump, said in a statement.
Weeks have passed since the states completed certifying that Biden won by 306 votes in the Electoral College to Trump’s 232, and Trump’s extraordinary challenges to the result have failed in courts across the country.
Yet Trump’s rally speech on Wednesday was filled with grievances and voter fraud allegations that have not been backed up with evidence.
He singled out several Republican lawmakers for criticism, including Senator Mitt Romney and Representative Liz Cheney, while hailing as heroes those who have sided with him to stop the electoral votes from being certified.
Several times he also urged Pence to intervene. But while Trump was still speaking, Pence released a lengthy statement saying he would carry out his constitutional duty to certify the vote.
“It is my considered judgment that my oath to support and defend the Constitution constrains me from claiming unilateral authority to determine which electoral votes should be counted and which should not,” Pence wrote.
About an hour later he was being escorted from the House chamber as a mob tried to break in.
EURACTIV Members
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Islamic finance roundtable: The new contest to be the capital of Islamic finance
After the World Islamic Economic Forum was held in a Muslim minority country – the UK – for the first time. Euromoney quizzed the envoys of rival centres on their ambitions.
Islamic finance roundtable: Participants
Why is it important for your state to develop its status as an Islamic international financial centre?
JS, Dubai At the moment, there is no obvious frontrunner in Islamic finance in the [Middle East], and we believe that this is an area where Dubai and the Dubai International Financial Centre (DIFC) can take the lead and set a benchmark for innovation and activity, in line with His Highness Sheikh Mohammed’s recently articulated three-year strategy of Dubai becoming a global capital of the Islamic economy.
Source: World Islamic Economic Forum
The initiative illustrates the emirate’s commitment to diversifying the UAE economy and establishing Dubai as a global leader in the Islamic economy, focusing on several sectors including finance, the halal food industry, family-friendly tourism, the digital economy, fashion, economic education, and standards and certification.
SW, UK Islamic finance is growing 50% faster than traditional banking and global Islamic investments are set to grow to £1.3 trillion [$2.14 trillion] by 2014. But the UK government believes that the sector has even greater potential, and we want Islamic finance to achieve that potential here in the UK.
As the most international financial and business centre, with a leading position in emerging markets, we want to make sure a big proportion of those investments are made in and through the UK. And engaging in Islamic finance is also an important part of the government’s strategy to diversify and rebalance our economy, working with new markets and taking advantage of emerging trends.
AK, Istanbul In terms of being a financial centre, Istanbul draws its road map to be a regional hub and global actor at the beginning and then to be a global financial centre.
Istanbul is a safe haven that can attract savings from the Gulf region. This is going to be the first step in attracting long-term investments from the Gulf area to help Turkey to cope with its current-account deficit problem
NM, Luxembourg Islamic finance is a natural diversification for the financial centre, calling on skills that form the core of Luxembourg’s expertise: creativity in asset structuring, international real estate investment and cross-border distribution of financial products and services.
Luxembourg is already recognized as the leading Islamic fund centre outside the Muslim world. According to the 2013 Lipper global Islamic asset management report, it lies in third place globally, both by the number of funds (111) and assets under management ($4 billion).
What makes an attractive financial centre for Islamic finance?
KH, Bahrain Clearly there are some legal and regulatory hurdles that can prevent centres from reaching their potential. Stamp duty is a particularly well-known example of a law that can cause problems for Shariah-compliant investment and where many jurisdictions will need to adapt legislation to avoid unfair charges being imposed on many Islamic finance transactions.
Finally, as with any financial centre, Islamic finance will not thrive unless there is an experienced, well-trained local workforce in place. After all, it isn’t the buildings that matter: it’s the people you put in them.
NM, Luxembourg Any financial centre that reaches the short list must have a legal framework that accepts the concept of Islamic products and services, a network of tax treaties with the appropriate countries and a body of knowledgeable service establishments.
However, the deal is likely to be clinched by two further factors that are regularly cited as of top priority by Islamic investors: stability and political support. Stability – evidenced by political and fiscal continuity – is the first priority. This is closely followed by high-level political engagement. Islamic investors expect easy access to the relevant authorities and for these authorities to create a level playing field by confirming or adopting an appropriate legal and tax framework.
JS, Dubai The attractiveness of any financial centre is reliant on a combination of factors – the need for a market, strong regional growth and a robust infrastructure offering. These, coupled with soft infrastructure, such as legal and regulatory structures that aid and ensure market activity and growth, are critical to the success of an Islamic finance – or other financial sector – centre. In our case, DIFC works closely with the Dubai Financial Services Authority (DFSA) to ensure that legislation and regulations are updated to support the growth of Islamic finance.
What makes your state attractive for the industry?
AK, Istanbul Historically and culturally there has been substantial knowledge in Turkey of Islamic finance and financial practices since the Ottoman period. Turkey’s geographic and political proximity to Europe and the Gulf countries increases its chance of becoming a centre.
NM, Luxembourg Luxembourg combines a high level of physical security (the city is frequently nominated safest city in the world), together with exceptional political, economic and social stability.
Reporting lines to the top level of government are short and access to informed decision-makers is not difficult. The tax directorate has ensured equal treatment for Shariah-compliant structures and is prepared to sign pre-launch tax rulings.
Another important attraction is the legal framework, which offers a range of Shariah-friendly structures along the full spectrum from EU retail funds through to non-regulated structures suitable for sovereign and quasi-sovereign investors.
SW, UK Sitting between the US and Asian time zones allows London to work virtually around the clock and helps create what I have called an Islamic finance market that never sleeps. The UK’s tradition of openness and access means there are over 1,400 financial services [companies] in the UK that are majority foreign owned, from around 80 countries. London has more foreign banks than any other centre, with high-quality professional and support services, and strong infrastructure. If you want to do business with the rest of the world, all you have to do is come to London.
JS, Dubai As a gateway between east and west, with an advantageous time zone and world-class infrastructure, Dubai is very well positioned to become a hub for Islamic finance.
Do you expect to have a specific niche within Islamic finance?
NM, Luxembourg The Luxembourg financial centre is fully diversified, supplying the needs of an industrial sector that includes world leaders such as ArcelorMittal, SES Satellites and Cargolux.
Nevertheless, there is a natural tendency to attract business in those sectors for which it has an international reputation: capital market listings (sukuk), private banking, structured finance and investment funds.
Two other areas have the potential to develop into key sectors. The recent launch of a cross-border life assurance product reflects one of Luxembourg’s main business lines: 90% of premiums in conventional life assurance are from cross-border business. The other area to watch is high-net-worth banking.
SW, UK There is a valuable role for the UK to play as a thought leader in further articulating how a faith-based form of finance, originating in countries with majority Muslim populations, can develop in a country with a Muslim minority and a secular legal framework. In this respect, the UK model might eventually become standard among jurisdictions without majority Muslim populations.
This will help integration of Islamic finance with global markets, and ensure efficient allocation of capital on a global scale.
JS, Dubai DIFC offers a platform to service the various needs of the Islamic finance industry, including banking and capital markets, sukuk issuance and other corporate banking requirements. In addition, it has created the right business environment to meet growing demand from the Shariah-compliant asset management industry and Shariah-compliant insurance (takaful).
The DFSA has developed a unique Shariah systems model, which provides a regulatory structure to ensure compliance with international standards as well as Islamic law. One notable underpinning is the law regulating Islamic financial business. Under this law, any firm conducting Islamic financial business must have a special endorsement on its licence, which allows the firm to operate as a wholly Islamic firm or as an Islamic window.
KH, Bahrain Bahrain is a full-service financial centre, and this is reflected within Islamic finance, where we are home to 24 banks whose assets under management total $26.2 billion, eight Islamic insurance companies and 50 Shariah-compliant funds.
This will continue to be the case, but as with elsewhere in financial services, we are expecting strong demand within those financial sectors that cater to the needs of the rapidly expanding mass-affluent population in the Gulf. As we see a greater demand for more sophisticated financial services, it is likely that a proportion of this will be for Islamic financial products.
What have been your main recent milestones as an international Islamic financial centre?
AK, Istanbul Since 2003, ground-breaking developments have been achieved [in Turkey] in terms of interest-free investment products, meaning special finance institutions and participation banks [the equivalent of Islamic banks, as regulated in Turkey], capital markets products and services.
The creation of the first stock market transactions for these institutions, mutual funds, [the] Dow Jones Islamic Market Turkey ETF, and Turkey’s first Islamic index, the Participation Index, are among these.
The World Bank’s Global Centre for Islamic Finance will be founded in Istanbul [as announced in October 2013, in partnership with the Turkish government, as a training, advisory and technical assistance body].
SW, UK The UK has already worked hard to create an advanced regulatory and tax regime that provides a level playing field for all forms of finance, which has included removing the double tax on Islamic mortgages and extended tax relief on Islamic mortgages to companies as well as individuals. And in March 2013 I established an Islamic finance task force to reinvigorate the UK industry and support delivery of the World Islamic Economic Forum (WIEF), which for the first time was hosted outside the Islamic world [in London in October 2013].
On October 29, the London Stock Exchange Group announced it was launching a world-leading Islamic market index; strengthening FTSE’s leading position as a developer of innovative, alternatively weighted indices. This index will be another global first for the City of London. Using some of the most advanced techniques, it will allow investors to identify Islamic finance opportunities.
Another important development was the launch of the first Shariah-compliant underwriting agency on the Lloyd’s market, Cobalt Underwriting, which recently underwrote its first risk. Insurance is a core pillar of financial services, helping business manage risks, and the government is committed to developing London’s expertise in Islamic insurance and to working with insurers and wider partners to consider options to grow the market.
NM, Luxembourg The decision by the Central Bank of Luxembourg, in 2010, to join the IFSB [Islamic Financial Services Board], to host the IFSB annual meeting the following year and to be a founding member of the IILM [International Islamic Liquidity Management Corporation] sent a strong message to Islamic markets. The stated goal of the [central bank] was to gain experience in the regulation of Islamic banks in advance of being required to do so.
Likewise, the purchase by Qatar’s Precision Capital of two big Luxembourg banks, KBL Private Bankers and BIL, Banque International à Luxembourg, in 2012, sent a message to other Muslim markets and provided a boost to the domestic Islamic community.
Innovative product launches have included the first Shariah-compliant sustainable forestry fund and the first EU retail fund to invest in an international Islamic sukuk portfolio.
What have you done up to now to cultivate your status as an Islamic international financial centre?
KH, Bahrain Bahrain has been a pioneer in a number of areas of Islamic finance. In 2001, the kingdom became the first country to develop and implement regulations specific to the Islamic banking industry. In the same year, the Central Bank of Bahrain’s predecessor, the Bahrain Monetary Agency, became the first central bank in the world to develop and issue sukuk.
As well as this history, Bahrain is also home to many of the leading [international] organizations within Islamic finance, including the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI), International Islamic Financial Market (IIFM), the General Council for Islamic Banks and Financial Institutions (CIBAFI), Islamic International Rating Agency (IIRA), Thomson Reuters Global Islamic Finance Hub and Deloitte’s Islamic Finance Knowledge Centre. Bahrain is also the home of the global Islamic finance arm of Ernst & Young.
A good example of how this cluster can work to benefit the wider international industry was the recent development of the Tahawwut Master Agreement by IIFM and Isda [the International Swaps and Derivatives Association], which provided a Shariah-compliant hedging framework.
There was a real need, as the industry expanded and institutions took on larger positions, for an agreed framework on hedging. The Central Bank of Bahrain worked very closely with IIFM (of which I am fortunate to be the chairman) and the industry to help to develop an answer to this need.
The concentration of expertise and long track record among institutions and banks mean that Bahrain is well placed to continue to develop these sorts of solutions.
JS, Dubai Let’s not forget that Dubai is no stranger to Islamic finance – it pioneered the field with the creation of Dubai Islamic Bank in 1975. DIFC has helped establish Dubai as one of the leading centres of Islamic finance in the region, with a number of Islamic finance institutions already present and new firms choosing to establish themselves here.
DIFC had an early start on the laws and regulations around Islamic finance and a number of firms have located to the centre to be involved in the industry. There are many products that are being created out of the DIFC that are tailored for Islamic investors and are then regulated by the DFSA.
DIFC is well placed to cultivate Dubai’s status as an Islamic international financial centre. For example, DFSA’s Sharia systems method of regulation provides flexibility for firms seeking to offer products through an Islamic window or to operate as an Islamic institution. There is no central Shariah board, but firms are required to nominate their own Shariah supervisory board and make appropriate disclosure to clients. Our last important measure was to remove the obligation for Islamic firms to use AAOIFI standard of accounting as a consequence of lobbying by the Islamic industry.
AK, Istanbul In the past 10 years there have been many developments in products and legislation. Participation banks worked within banking laws causing these banks to expand their areas of operation. Fall in yields caused a change in perspective as regards investment products and made [Islamic finance] more attractive [to issuers]. Growth of pension funds brought along depth in the [Turkish] market and the hope of increasing stability.
The capital markets law, restructuring of the stock market and investment products are important developments. But the biggest development is the Turkish Treasury’s issues of dollar-denominated and lira-denominated lease certificates [sukuk].
NM, Luxembourg The attitude of the regulatory authorities is business oriented: always willing to discuss an innovative structure or investment approach, they have not tried to impose any particular school of Shariah law but are willing to authorize any interpretation, provided that it does not contradict Luxembourg – and by extension EU – legislation.
What further initiatives can we expect from you in the near future?
SW, UK Underlining the UK government’s support for Islamic finance, at the World Islamic Economic Forum the prime minister [David Cameron] announced that he wanted the UK to become the first country outside of the Islamic world to issue an Islamic bond. So the UK Treasury is working on the practicalities of issuing a bond-like sukuk worth around £200 million. We welcome the involvement of industry in developing this initiative, which we hope to launch in 2014.
We are already a global player in Islamic finance, but I want us to be an even bigger force in this area. My aim is to move from a UK focus to a global focus. I will work with our global partners to identify the key factors that will drive the Islamic market over the next five years. And we want to work with those partners to spearhead that growth.
To help achieve this, I will be bringing together the key decision makers and experts from the public and private sectors [including CEOs and central bank governors from Kuwait, Bahrain, Qatar, UAE, the UK and Malaysia] into a global Islamic finance and investment group to look at the key questions and issues.
JS, Dubai While 2014 marks DIFC’s 10-year anniversary, Dubai has also been selected as the venue to host the 10th World Islamic Economic Forum [in 2014], one of the most prominent global events for every aspect of the Islamic economy.
In addition, three members of the board of directors for Sheikh Mohammed bin Rashid Al Maktoum’s Dubai Islamic Economy Development Centre now sit on DIFC’s higher board of directors, including His Excellency Essa Kazim, the recently appointed governor of DIFC.
KH, Bahrain You can expect increased investment in education and research, ongoing work to align conventional and Islamic standards in accounting and auditing, and continual development of the sukuk market as sovereign issuance continues to aid issuance from a number of corporates.
NM, Luxembourg A number of important projects are in the pipeline for 2014, which will take the Luxembourg Islamic finance sector to a new level.
Where existing business is concerned, we expect to see a recovery in volumes to pre-crisis levels. In the area of private banking, we expect to see an increase in entrepreneurial customers from Muslim countries in line with a steady market shift in this direction.
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EFD Senior Fellow Valentina Colombo compares two Muslim female candidates for the center-left in Milan's local elections, namely Maryan Ismail e Sumaya Abdel Qader....
Journalists are required to act responsibly
EFD Senior Fellow Bakary Sambe is mentioned in an article published by Sud Quotiden on the relationship between media and terrorism. According to Sambe journalists should use a more accurate terminology when referring to the threat of terrorism in order to avoid creating panic among readers....
If Italian Islamists defend the extremist Suwaidan
EFD Senior Fellow Valentina Colombo once more writes about the extreme Islamic preacher, Tareq al- Suwaidan, after Italian authorities have denied him from entering Italy for his tour scheduled this May....
Why Charlie Hebdo was right to address the Brussels Attacks
Tehmina Kazi, Fellow at the European Foundation for Democracy and director of the British Muslims for Secular Democracy, comments on the latest Charlie Hebdo article concerning the Brussels Attacks of March 22nd....
No permits granted to the anti-Semitic imam
EFD Senior Fellow Valentina Colombo is mentioned by the Corriere dell'Alto Adige on the dispute regarding Tareq al-Suwaidan's entry in Italy, scheduled for this May. "We cannot permit that such characters are able to enter freely to spread hatred in a moment like this. It is unacceptable that the training of the Italian imams is left to people such as Suwaidan (..)"....
Suwaidan is no longer scheduled to be in Italy
EFD Senior Fellow Valentina Colombo once more writes about the extremist imam Tareq al-Suwaidan, this time to inform her public that he will no longer be touring Italy as was scheduled for this May. This has been confirmed by the Italian foreign minister, Angelino Alfano....
All the ambiguities on the Muslim Brotherhood in Milan
EFD Senior Fellow Dr. Valentina Colombo helps clarify all the ambiguities surrounding the ideology of the Muslim Brotherhood, with the Municipal elections of Milan just about to end, where the favored Democratic Party listed Sumaya Abdel Qader as one of its nominees....
Tareq Suwaidan, the anti-Semitic preacher in Italy. The proof of his extremism.
EFD Senior Fellow Valentina Colombo once more offers a detailed analysis of Tareq Suwaidan, who is scheduled to be in Italy starting this May for a series of conferences and events....
Article 31 March 2016
Banned from Belgium and the U.S., the preacher of Jihad in Italy
EFD Senior Fellow Valentina Colombo gives a detailed description of Tareq Mouhammed al-Saleh al-Suwaidan, a very controversial and influential Islamic preacher who will be touring in Italy this May....
The best legacy we can leave Asad Shah is to take sectarian hate crime seriously
EFD Fellow Tehmnina Kazi elaborates on the murder of Asad Shah, a British Muslim killed for belonging to the Ahmadiyya community, considered heretic....
The disapproval of jihad from the Islamic political world is too ambiguous
EFD Senior Fellow Valentina Colombo comments on the denunciations deriving from the different political Islamic organisations in Europe of the terror attacks occurred on March 22 in Brussels, which have left more that 30 people killed....
The triggering factors of jihadist radicalisation in Belgium
EFD Senior Fellow Valentina Colombo comments on the terrorist attacks that occurred in Brussels on 22nd March, analysing the political and social factors that lay behind them....
Hezbollah: A “terrorist organization”? Not all Arabs agree
Following the decision of the Council for the Arab States of the Gulf to label Hezbollah (a Shiite Islamist military and political Lebanese group) as a terrorist organization, EFD Senior Fellow Valentina Colombo tries to give a definition of the word “terrorism” and argues that the Council’s decision is primarily a political one....
Regeni was exposed to danger by activist professors
Following her article on the murder of the Italian researcher Giulio Regeni, EFD Senior Fellow Valentina Colombo publishes another opinion piece on the issue....
Article 28 February 2016
Taboos for Muslim women: riding a bicycle
EFD Senior Fellow Valentina Colombo comments the words of Ali Abu Shwaima, head of the Islamic Centre of the Lombardy region in Italy. Abu Shaima was reported saying that Islamic women can “ride a Cadillac, a Mercedes, but not a bicycle”, words that have been heavily criticised in Italy....
Law anti-mosques rejected – One way religious freedom
EFD Senior Fellow Valentina Colombo comments on the rejection by the Italian Constitutional Court of the regional law regulating the construction of new places of worship from an administrative and urban point of view, in Lombardy....
Islam and violence against women – Controversial questions
EFD Senior Fellow Valentina Colombo writes about the project "Aisha", launch in the Italian city of Milan, which aims to eradicate violence and discrimination against women, in particular Muslim women. Although the initiative seems to have good intentions, Colombo can't help pointing out the legacies between some of the organizations behind the project and Muslim Brotherhood. It is therefore imperative to understand who is behind such project and...
Islam and violence against women. Thorny questions
EFD Senior Fellow Valentina Colombo writes about "Aisha", a project denouncing violence and discrimination against women, promoted by the "Coordinamento delle Associazioni Islamiche di Milano Monza e Brianza (CAIM)", an Italian Islamic organisation ideologically linked to the Muslim Brotherhood, and coordinated by Sumaya Abdel Qader, head of the department Youth & Students of the Federation of Islamic organisations in Europe....
Safety first in Syria
EFD Fellow Anna Borshchevskaya discusses the necessity of implementing safe zones in Syria and why failure to do so will increase the humanitarian disaster while at the same time threaten both regional and European stability....
Corruption and Terrorist Violence Pose Obstacles to Peace
EFD Senior Fellow Magnus Norell writes about the Swedish government's decision not to recognise an independent Western Sahara (or rather the Polisario movement). Among the issues discussed, he examines what has prevented the Swedish administration from recognising the independence of Western Sahara to date and what are the implications of Sweden's decision....
Muslim Brotherhood: France and Belgium are starting to become aware of the problem… When will Italy?
EFD Senior Fellow Valentina Colombo comments on France’s and Belgium’s recent behaviour towards some Islamic preachers who maintain a radical views....
Regeni’s murder, no easy answers
EFD Senior Fellow Valentina Colombo comments on the heinous assassination of Giulio Regeni, an Italian researcher tortured and murdered in Cairo by unknown persons....
Geneva III — Set-Up to Fail
EFD Senior Fellow Magnus Norell writes about the ongoing Geneva III talks, convened in a desperate attempt to negotiate an end to the five-year conflict in Syria. He suggests however that the talks were destined for failure before they ever started, due to, among other reasons, competing interests which ultimately led to the failures of the previous two Geneva talks....
Abuse Against Female Activists Occurs Through A Gendered Lens
EFD Fellow Tehmina Kazi comments on the abuses and attacks to secular and progressive activists within the Muslim communities....
Article 27 January 2016
Freedom and democracy in Islam: a Gordian knot?
EFD Researcher Tommaso Virgili writes about the issue of democracy and individual freedoms in Islam. According to Virgili, while certain concepts of the Islamic doctrine, as interpreted by Islamists and orthodox scholars, are incompatible with the tenets of a liberal democracy, the view offered by liberal Muslims may untie the Gordian knot....
The Islamic State Comes to Russia
EFD Fellow Anna Borshchevskaya analyses ISIS' penetration in Russia and the government's response....
I will explain why I left the Muslim Brotherhood
EFD Senior Fellow Valentina Colombo conducts an interview with Mohamed Louizi, author of the book "Pourquoi j'ai quitté les Frères Musulmans" ("Why did I leave the Muslim Brotherhood")....
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A Measure of Last Resort?
The practice of pre-trial detention decision-making in the EU
May 26, 2016 - Pre-trial detention
'A Measure of Last Resort? The practice of pre-trial detention decision-making in the EU' shows the extent to which pre-trial detention is being used all over the EU without adequate justification.
Within the European Union, there are over 120,000 people being detained in pre-trial detention. That's more than 1 in 5 people held in prison that haven't yet been found guilty of any crime. The report brings together the findings from across the 10 jurisdictions, as well as a wider regional experts seminar, which involved over 50 participants from 24 EU Member States.
You can read some of the key findings of our report here.
Executive summaryPercentage of EU prison population in pre-trial detentionJudicial grants (%) of prosecutorial requests for pre-trial detention
Pre-trial detention (depriving suspects and accused people of their liberty before the conclusion of a criminal case) is intended to be an exceptional measure, only to be used as necessary and proportionate and in compliance with the presumption of innocence and the right to liberty. Its use is only acceptable as a measure of last resort, in very limited circumstances. Unfortunately, in the EU as around the world, these strict limitations are not always respected.
The EU is facing a long-standing crisis in prison overcrowding that threatens to undermine mutual trust and the functioning and legality of mutual recognition instruments like the European Arrest Warrant. Overcrowding, and the rights violations it causes, is driven in part by excessive use of pre-trial detention, in contravention of regional and international standards. The European Commission and Parliament have, for the past five years, repeatedly recognised the need for improved standards of pre-trial detention. Recent decisions from the Court of Justice of the European Union have again pushed the need for regional legislation to the fore.
Given the concern expressed about excessive use of pre-trial detention in the EU, there is a surprising lack of information on the practical operation of procedural rules designed to ensure that detention is only used when strictly legal and necessary. In order to gain a realistic view of problems in practice on which to develop targeted national and regional solutions, Fair Trials has coordinated research in ten EU Member States (England and Wales, Greece, Hungary, Italy, Ireland, Lithuania, Netherlands, Poland, Romania, and Spain) to analyse the practice of pre-trial detention decision-making and the use of alternatives to detention. The research consisted of legal and statistical analysis, hearing monitoring, case-file reviews, a survey of defence lawyers, and qualitative interviews with prosecutors and judges, resulting in detailed reports. This report provides a high-level overview of the research and analysis from an EU regional perspective.
Despite laws that protect in principle concepts like detention as a last resort, presumption of release, equality of arms, and proportionality, researchers across the studied jurisdictions found systematic failures to respect these standards effectively in practice. Researchers observed proceedings in which judges made poorly-reasoned decisions to detain suspects unnecessarily, relying on minimal information. Judicial reasoning was often vague and formulaic, and failed to engage sufficiently with practical alternatives to pre-trial detention that can protect the investigation, limit the possibility of reoffending and ensure defendants’ presence at trial.
Procedure: Defendants did not always have access to adequate legal assistance or sufficient access to case materials essential to challenging detention. Even where access was sufficient, in most jurisdictions lawyers did not have enough time to study the material prior to a hearing. Many lawyers perceived, and researchers were able to establish, that judges credited the arguments of the prosecution over those of the defence. Lawyers in some jurisdictions believed that pre-trial detention was used for unlawful ends, such as in order to coerce a confession, and some judges admitted using pre-trial detention for punitive purposes.
Substance: Human rights standards set out certain limited grounds for imposing pre-trial detention but judges sometimes relied on unlawful grounds, such as exclusive or primary reliance on the nature of the offences, or findings of flight risk based on suspect justifications such as lack of fixed residence or foreign nationality. Reasoning was often formulaic and did not engage with the specific evidence in each case. In some countries, certain suspects including women and foreign nationals were disproportionately detained.
Reviews: Because pre-trial detention is intended as an exceptional measure, countries should provide regular reviews of detention to ensure that it is still justified. But reviews in practice did not always provide sufficient oversight. In some countries, defendants and/or their lawyers are not being guaranteed presence at review hearings. Decisions to detain were rarely overturned or even seriously questioned on review in most countries, and reasoning tended to be even more generic and formulaic than in the first instance. Detention was sometimes extended to protect the integrity of the investigation long after relevant investigative tasks were complete. The frequency with which reviews takes place varies widely between Member States, as does the average duration of pre-trial detention.
Alternatives: Researchers observed that judges were often reluctant to use alternatives. Electronic monitoring and house arrest are increasingly available in many Member States, but these were seldom used due to their novelty and court actors’ lack of experience in administering them. As a result of a lack of data collection, access to bail information services or pre-trial risk assessments, training, investment and enforcement of alternatives to detention, judges and prosecutors lacked faith in the efficacy of alternatives and continued to rely instead on pre-trial detention. Some examples of good practice exist and could be duplicated elsewhere. Alternatives to detention can also infringe the right to liberty, and human rights impacts of their extended use must also be considered, especially with regard to electronic monitoring and house arrest.
Fair Trials recommends that regional action should take the form of an EU legislative instrument that is binding on Member States and codifies existing ECHR standards which are currently inaccessibly buried in an ever-growing corpus of ECtHR case law. Legislation is within the EU’s competency and would add value by setting out procedural guidelines to ensure that domestic legislation adequately assists judges to give effect to those standards in practice.
Greater financial investment in prisons is not the answer to the problems presented by overcrowding, which will continue to grow in the absence of clear and effective legal frameworks to prevent excessive pre-trial detention over the long term.
Member States are experiencing significant tension in balancing the importance of mutual recognition measures like the European Arrest Warrant (EAW) with their obligation to protect the fundamental rights of individuals subject to them. Repeated cases of injustice have demonstrated that regional action on pre-trial detention reform is necessary to support the EU legal order, achieve economic efficiency in the administration of criminal justice, and to protect public safety.
Percentage of EU prison population in pre-trial detention
Judicial grants (%) of prosecutorial requests for pre-trial detention
Maciej Dobrowolski
Daniela Tarău
UK Government admits extended Custody Time Limits disproportionately affect Black people
France: Constitutional Council calls for a new law to challenge inhumane and degrading conditions of detention
UK Government admits it doesn’t know extent of excessive pre-trial detention since Covid began
Press release: Legislation to increase custody time limit will delay justice in the UK
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Remaking A 1950s Planned City, MIT-Style
In Israel, students from the university are finding ways to turn a sleepy city into a powerhouse of modern urbanism, and learning simple ways to turn any city into a city of the future.
By Ariel Schwartz 3 minute Read
In the 1950s, rapidly built planned cities (also known as “development towns“) sprung up in Israel to accommodate the influx of new citizens, including Jewish refugees from Arab countries and Holocaust survivors. Now many of these development towns are struggling due to depopulation and an aging populace. Teams of MIT graduate students and researchers at Tel Aviv University are using one –named Kiryat Gat–as a living lab for a new kind of high-tech, environmentally sound planned city. The goal is to create a plan for Kiryat Gat that can be used in urban communities around the world.
As the MIT graduate students working on the NexCity project discovered during a 10-day trip to Israel, Kiryat Gat is not particularly popular with Israelis. “The general response from people in Israel was that they kind of considered Kiryat Gat to be rather inconsequential. The majority had never been or their only experience was the bus depot, where people transfer buses to get to their army base,” explains Alexis Wheeler, a graduate student in MIT’s Department of Urban Studies and Planning. “But people who live there really love it. It’s a family-oriented community with lots of active community support. The major criticism is that it’s not serving people in their 20s and 30s.”
The city has plenty of problems to overcome: a lack of mixed-use developments (giant high-tech industrial parks are separated from housing and urban life); a railroad–separating the urban core from the industrial district–that can only be crossed via a single bridge near the city border; and socioeconomic fragmentation.
Over the past few months, the MIT and Tel Aviv researchers came up with a number of proposals for Kiryat Gat centered around four themes: the mobile city (transport and accessibility); the mediated city (technological infrastructure); the compact city (urban space and population growth); and the natural city (integrating environmental features into the urban landscape). Among them:
Breaking the city down into “urban cells”–a classification even smaller than neighborhoods–to reorganize it.
Bringing housing, retail research, and development into the same sphere as the industrial parks to create a more livable area. In the past, this wasn’t possible because, well, who wants to live next to a factory? But as industrial processes become cleaner (and unlike in some parts of the world, companies take care to ensure that they stay that way), the idea of living near a factory may not seem so bad. “It’s not a big deal to live next to [industry],” says Eran Ben-Joseph, the professor leading the MIT team.
Putting weekend marketplaces in underutilized spots that are designated for temporary use, like the space underneath the town’s bridge connecting different industrial campuses.
Continuing to turn old warehouses into live/work and startup spaces.
Installing temporary mobile solar installations on underutilized land (until the city starts using it).
Redeveloping the land adjacent to the town railroad (an area dubbed “the Hinge”) to include a shade garden to increase enjoyment of outdoor space, a commercial and residential corridor, and a more bustling train station containing a walkway with scenic views and a restaurant. “Instead of trying to expand and build on greenfield development, we want to densify the existing land,” says Ben-Joseph. “The issue is to attract the middle class.”
Putting recreational spaces alongside industrial spaces to change the way people think about spending time near industry.
Kiryat Gat has no obligation to follow MIT and Tel Aviv University’s recommendations. But it’s already starting to. “One of the big issues they have over there is that they don’t necessarily have the manpower to generate these kinds of study or research. They’re actively looking at ways to start implementing suggestions,” says Wheeler. The city immediately embraced a handful of smaller-scale ideas, including citywide Wi-Fi, a community soccer league, more bike paths, and an initiative to plant a tree for every family.
Next up for the MIT and Tel Aviv students: working on final presentations, and then hopefully publishing their findings. “Some of the studies we’re generating are these typological interventions,” says Wheeler. “They could be implemented in other places in just about any context.”
Ariel Schwartz is a Senior Editor at Co.Exist. She has contributed to SF Weekly, Popular Science, Inhabitat, Greenbiz, NBC Bay Area, GOOD Magazine and more
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These are the 3 skills you need to succeed in 2021
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Kids in Crisis town hall in Fond du Lac Monday
Community discussion targets access to mental health care for kids and their families
Some stories are somber.
Some desperate.
Others are guardedly optimistic change is happening – however slowly – and the daunting challenge of providing better behavioral health care for kids in Wisconsin is making headway.
For more than six months, 25 journalists at USA TODAY NETWORK-Wisconsin have worked collectively on a series of stories examining juvenile mental health issues in Wisconsin.
Now we want to hear from you.
A series of public meetings in February and March are designed to create community conversations and discuss solutions to a complex, and multi-faceted, issue. The Reporter will host a town hall meeting from 6 to 7:30 p.m. Monday at the Fond du lac Public Library, 32 Sheboygan St., in the McLane Meeting room. The event is free and open to the public.
“We don’t just report on problems within our community. All members of USA TODAY NETWORK-Wisconsin, including The Reporter, are actively trying to be a part of meaningful solutions,” said Mark Barna, editor of The Reporter. “Our ‘Kids in Crisis’ series has been an exceptional example of our statewide news organizations shining a light on the issue of children’s mental health."
Read the complete Kids in Crisis series | Stories, diary entries, maps and more
Conversation generated by the meetings will be used to write the final series of stories (running in March) focusing on avenues to addressing the thousands of Wisconsin youth, and their families, in crisis.
"This town hall is an excellent opportunity for our entire community to join together and discuss solutions to suicide and other mental health problems that plague today’s youth,” Barna said.
Facebook event | Town hall meeting
While the overarching picture presented through the eyes of care providers, parents, advocates and the children themselves, is one of a system in need of more resources, the topic is gaining attention with numerous organizations working to improve access to care.
Few expect change to happen quickly or easily, but there’s confidence change will happen.
— nphelps@gannett.com and follow him on Twitter @nathanphelpsPG or Facebook at Nathan-Phelps-Gannett-Media-Wisconsin
Kids in Crisis series | A call to action for children's mental health
Full guide | Kids in Crisis coverage
Kids in Crisis meeting dates
The Town Hall meetings will run 90 minutes and will begin at 6 or 7 p.m. Click the dates to see Facebook events for each meeting and watch for more details over the coming weeks:
Monday, Feb. 29 — Fond du Lac, 6 p.m., Fond du Lac Public Library, McLane Meeting room, 32 Sheboygan St.
Wednesday, March 2 — Stevens Point, 6 p.m., Mid-State Technical College, Community Engagement Rooms 634 and 635, 1001 Centerpoint Drive.
Thursday, March 3 — Oshkosh, 7 p.m., Best Western Premier Waterfront Hotel, Athearn Ballroom, 1 North Main St.
Tuesday, March 8 — Wausau, 6 p.m., University of Wisconsin-Marathon County Auditorium, 518 S. Seventh Ave.
Wednesday, March 9 — Sheboygan, 6 p.m., Mead Public Library, Rocca meeting room, 710 N 8th St.
Thursday, March 10 — Appleton, 7 p.m., Lawrence University, Warch Campus Center Cinema, 711 E. Boldt Way.
Thursday, May 5 — Madison, Overture Center for the Arts, 201 State St.
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605-609-2485 jon@everythingsouthdakota.com
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Battleship USS Maine Monument in Deadwood
by everythingsd | Sep 25, 2019 | Check This Out | 0 comments
About the Monument in Deadwood
This monument is located in the Deadwood City Park next to the Deadwood Recreation Center (click here for google map location). The monument reads:
This ten inch shell was recovered from the Battleship U.S.S. Maine that was sunk in Havana Harbor, Cuba on February 15, 1898 and presented to the City of Deadwood in May 1912 in memory of the United States Sailors, Soldiers, and Marines who lost their lives as a result of the Spanish-American War 1898-1902.
Monument erected September 2012 by the Deadwood Historic Preservation Commission.
About the USS Maine
USS Maine (ACR-1) was a United States Navy ship that sank in Havana Harbor in February 1898, contributing to the outbreak of the Spanish–American War in April. American newspapers, engaging in yellow journalism to boost circulation, claimed that the Spanish were responsible for the ship’s destruction. The phrase “Remember the Maine! To hell with Spain!” became a rallying cry for action. Although the Maine explosion was not a direct cause, it served as a catalyst that accelerated the events leading up to the war.
Maine was commissioned in 1895 as an armored cruiser, the first U.S. Navy ship to be named after the state of Maine. Maine and her near-sister ship Texas represented an advance in American warship design, reflecting the latest European naval developments. Her two gun turrets staggered en échelon, and full masts were omitted due to the increased reliability of steam engines.[2] Due to a protracted 9-year construction period, Maine was obsolete by the time she was completed.
Maine was sent to Havana Harbor to protect U.S. interests during the Cuban War of Independence. She blew up and sank on the evening of 15 February 1898, killing three-quarters of her crew. In 1898, a U.S. Navy board of inquiry ruled that the ship had been sunk by an external explosion from a mine. However, some U.S. Navy officers disagreed with the board, suggesting that the ship’s magazines had been ignited by a spontaneous fire in a coal bunker. The coal used in Maine was bituminous, which is known for releasing firedamp, a gas that is prone to spontaneous explosions. An investigation by Admiral Hyman Rickover in 1974 agreed with the coal fire hypothesis. The cause of her sinking remains a subject of debate.
The ship lay at the bottom of the harbor until 1911, when a cofferdam was built around it. The hull was patched up until the ship was afloat, then she was towed to sea and sunk. Maine now lies on the sea-bed 3,600 feet (1,100 m) below the surface. The ship’s main mast is now a memorial in Arlington National Cemetery.
Source: https://en.wikipedia.org/wiki/USS_Maine_(ACR-1)
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David Sheard
Kirklees councillor asks: Why ask us to approve our own expenses?
COUNCILLORS say they should not be asked to vote on how much their allowances are.
Joanne Douglas
Members of Kirklees Council’s Corporate Governance and Audit Committee feel the decision should be taken out of their hands.
The report of the Independent Review Panel was put to them at Friday’s meeting and it will go before Full Council later this month for approval.
Clr David Sheard, deputy leader of the council, said: “The (Department for Communities and Local Government) Select Committee recommended it’s taken from the council to be endorsed.
“Currently we have the review panel which set it and it comes back to us to vote for or against.
“I can’t remember ever voting for us to get more than they’ve said. In fact I can remember us voting against the panel saying we should get a rise.
“It would be very difficult for us not to agree with what they’ve recommended, so I think the Select Committee’s advice for it to be taken away from us seems sensible.”
Kirklees’ IRP say members allowances should be frozen, with a basic of £12,566.
Clr Hilary Richards, chair of the Corporate Governance and Audit Committee, said: “It’s fair that it reflects the fact that the council staff are not getting any more.”
Calderdale’s 51 members will also face a freeze of £9,931. Again the authority’s Full Council will need to approve it later this month.
Basic allowances are based on the population in each ward – Kirklees has on average 13,000 people per ward and Calderdale has around 9,000.
Hilary Richards
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Professor Liz Trinder
University of Exeter research leads to historic introduction of no fault divorce in England
Influential University of Exeter research has led to the historic introduction of no fault divorce in England and Wales.
Work by Professor Liz Trinder showed current legislation leads to unnecessary conflict when marriages end, causing needless pain to families.
Today the Divorce, Dissolution and Separation Bill was passed, the first major reform to divorce law for 50 years. Fault has been a central part of the divorce law in England and Wales since 1660. The new legislation means irretrievable breakdown remains the sole ground for divorce and dissolution, but will be judged via a declaration that one or both of the parties want a divorce, rather than having to be proved by a legal fact such as allegations of adultery or behaviour or a two or five year separation.
Professor Trinder’s report, Finding Fault, funded by the Nuffield Foundation, found the need to show fault is an empty legal ritual which creates or fuels conflict which can have a negative impact on children. The new legislation reflects evidence from the study, which showed the law incentivises people to “game” the system by making false allegations to secure a quicker divorce.
Nearly 60 per cent of English and Welsh divorces are granted on a fault fact, such as adultery or behaviour, ten times more than neighbouring France and Scotland.
Professor Trinder, from the University of Exeter Law School, said: “I have been struck by the impressive and thoughtful contributions from MPs from all parties during the process of this legislation. Many discussed their own personal experiences of divorce and how the law had made it more difficult than it needed to be, all of which resonated with our research findings and the experiences of many practitioners.
“It is not the case that reform will make divorce easier, or undermine marriage. Currently the law does not protect marriage, but instead makes the process more traumatic for families. The new legislation means there will no longer be needless acrimony and game-playing.”
The study included interviews with people going through divorce, focus groups with lawyers, observation of the court scrutiny process and analysis of divorce court files, coupled with a national opinion poll and comparative analysis of divorce law in other countries,
A total of 43 per cent of respondents going through a fault divorce in the Finding Fault survey reported that the fact used was not closely related to the ‘real’ reason for the separation, while 62 per cent of petitioners and 78 per cent of respondents to a fault-based divorce reported that fault had made their divorce more bitter.
Professor Trinder said: “People take marriage very seriously, with the decision to split up being painful, difficult and usually very protracted. This legislation is a technical change to how to show evidence when a marriage has irretrievably broken down, and will mean the law better reflects the reality of divorce. The current process involves an often painful, and sometimes destructive, legal ritual involving fault that has no obvious benefits for the couple and their families, or society.”
Facts about the new legislation:
It is a myth that fault makes divorce ‘hard’ to obtain. Professor Trinder’s research has shown that fault is used so often in England and Wales precisely because it is the means to get a faster and ‘easy’ divorce.
The new legislation will still require the applicant(s) to actively reaffirm their intention to divorce on three separate occasions. This ‘triple lock’ is in contrast with other comparable countries where people must only actively confirm their intention to proceed on one or two occasions.
It will still be possible to challenge the divorce if there is evidence of fraud, lack of jurisdiction or other procedural irregularities.
It is possible the reform will produce a temporary spike in divorce as those currently waiting out a two- and five-year separation period bring their legal divorce forward. The likelihood is that the divorce rate will then revert back to normal, just as happened in Scotland following reforms in 2006.
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Chinese President Xi Jinping asks military to step-up training, combat readiness
Chinese President Xi Jinping has asked the military to strengthen training to hone its combat skills and remain on high alert as the new revised defence law expanding the powers of the armed forces came into force from this year.
In November last year, he said China is set to change its development model from 2021, relying more on domestic consumption than export-reliant growth and begin a new phase to become a modern socialist country.
Chinese President Xi Jinping has asked the military to strengthen training to hone its combat skills and remain on high alert as the new revised defence law expanding the powers of the armed forces came into force from this year. The 67-year-old leader, who also heads the ruling Chinese Communist Party (CCP) besides the Central Military Commission (CMC) — the overall high command of the two million strong military — signed the commission’s first order for 2021, which listed priorities in the training of the People’s Liberation Army (PLA) and the People’s Armed Police Force (PLAF), official media here reported on Tuesday.
The order instructed the armed forces to stick to Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as their guiding principle and uphold Xi Jinping Thought on Strengthening the Military as well as military strategies in the new era. It said the CCP will enhance its guidance over the military’s training, urging the armed forces to focus on improving their combat readiness and continuing to reform their training system, state-run China Daily reported.
China aims to be a 'dominant' world power: US defence secy-designate; cites its 'coercive' behaviour
IAF getting ready for Russian S-400 Triumf air defence system, specialists leave for training in Moscow
IAF's R-Day Tableau: Look out for models of indigenous aircraft and missiles
The first such order was issued in January 2018, when Xi addressed a massive training and commencement ceremony at a shooting range in northern China. Xi has repeatedly stressed the importance of combat readiness training and joint operations to the armed forces since he became commander-in-chief in late 2012. In his order this year, he said the military must train their officers and soldiers in realistic combat scenarios, place more attention on research about war and military operations, increase the intensity of exercises, conduct more emergency-response drills, and remain on high alert to ensure the troops are always ready for any possible military engagement.
Training and exercises for joint operations must be priorities, it said, adding that the military must intensify inter service training to foster integrated joint combat capability. Commanders are required to introduce more scientific and technological factors into training and boost their units’ ability to use high-tech hardware and methods.
The order also stipulated that military authorities must conduct strict evaluation and supervision of training and also improve their management and planning.
All members of the armed forces must strengthen their fighting spirit and hone their skills and capabilities to fulfil the missions given them by the Party and the people and produce new achievements to celebrate the coming 100th anniversary of the founding of the Communist Party of China (CPC), according to the order. The year 2021 is the fourth consecutive year that Xi has issued a training order to the military as the year’s first directive from the Central Military Commission.
The revised National Defence Law, expanding the power of its armed forces headed by Xi to mobilise military and civilian resources to defend its national interests both at home and abroad, has come into effect from January 1 this year. The revised law specifically stresses the need to build a nationwide coordination mechanism for the mobilisation of state-owned and private enterprises to take part in research into new defence technologies covering conventional weapons, as well as the non-traditional domains of cybersecurity, space and electromagnetics.
Chinese President Xi Jinping asks military to step-up training combat readiness
1China aims to be a ‘dominant’ world power: US defence secy-designate; cites its ‘coercive’ behaviour
2IAF getting ready for Russian S-400 Triumf air defence system, specialists leave for training in Moscow
3IAF’s R-Day Tableau: Look out for models of indigenous aircraft and missiles
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Current domestic coal production inadequate to meet country’s demand: Govt
Currently, India is producing about 729 million tonnes of dry fuel, the coal ministry said in a statement. "However, it is a fact that the domestic production is not able to meet the demand of coal in the country," the statement said.
CIL's land possession and civil construction jobs, among other activities, were hamstrung during the Covid-19 led slowdown
The government on Thursday said the current domestic production is unable to meet the country’s demand, even though the country is the world’s second-largest producer of fossil fuel and the fifth-largest nation in terms of coal deposits.
Currently, India is producing about 729 million tonnes of dry fuel, the coal ministry said in a statement. “However, it is a fact that the domestic production is not able to meet the demand of coal in the country,” the statement said.
Last year, India imported 247 million tonnes (MT) of coal and spent Rs 1.58 lakh crore worth of foreign exchange.
Commercial auction of coal mines along with transparent measures taken by the Centre has come at an opportune time to bridge the mismatch between demand and supply of coal in the country.
“This will not only provide a huge opportunity for employment in the backward regions but will also save foreign exchange to the extent of almost Rs 20,000 crore to Rs 30,000 crore per year,” it said. These reforms will also have an effect on other sectors dependent on coal.
With an increase in coal production, the positive impact will also be felt on production and processing in steel, aluminum, fertilisers and cement sectors. The auction of coal blocks for commercial mining was launched in June with 38 blocks in the first tranche.
Out of the said blocks, the auction process was successfully completed for 19 blocks in November. Total annual revenue generation from the auction is estimated at Rs 6,656 crore, considering production at aggregated peak rate capacity level of 51 million tonnes per annum.
The total upfront amount of Rs 262 crore will be received by the states during the financial year 2020-21, and the remaining amount of Rs 786 crore will be received subsequently based on the milestones mentioned in the bid documents.
Import substitution is one of the topmost priorities of the government. An inter-ministerial committee has been constituted for the purpose. Towards the goal of Aatmanirbhar Bharat, the ministry along with all stakeholders is actively pursuing to achieve the mission of import substitution.
Current domestic coal production inadequate to meet country’s demand Govt
1India’s payments space to mature, says Paytm founder & CEO Vijay Shekhar Sharma
2Dunzo raises $40 million from Google, Lightbox & others
3Sanctity of personal communications must be maintained: Prasad
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Wright, Pegg, and Frost On Marvel And Ant-Man
Jeremiah Fat-Bastard Slack December 13, 2013
In a interview with SFX, Wright, Pegg, and Frost had a few things to say about Marvel, and Ant-Man, which hits theaters on July 31, 2015.
Wright:
On the PG-13 rating:
“It’s a challenge to do. Shaun and Hot Fuzz and World’s End are all R-rated films. I like the challenge of making a PG-13 film. Because you’ve got to entertain in a different way. You don’t have the same tools.”
On how the Marvel films mirror the comic books, in terms of connectivity:
“I think they do stand alone. I think that’s what’s kind of clever about the movies, is that they work sort of like the comic books. They’re standalone stories, and there are elements that link them. But I think that’s what makes The Avengers the treat that it is – it’s bringing six disparate characters together.”
Regarding how much humor he’s put into the script he’s been crafting for so many years:
“I think it would be as funny as the other Marvel movies that have come out.”
Pegg:
“If I was Edgar, I wouldn’t cast me in Ant-Man, because I think he obviously has to spread his wings as a director and be seen not to just come with me as a package. Same with Nick. We need to do things separately so we don’t ultimately get seen as coming as a double act,“ said the busy British thesp. “You know, Ant-Man would be enormous fun to be in, but I think Ant-Man himself has to be a lot younger than me for a start. And there probably isn’t a part for me. If Edgar asked me, I’d think about it. But as his friend and his lawyer, I would advise strongly against asking me.“
Frost:
“I loved Judge Dredd as a kid. And I collected it like mad. I had hundreds and hundreds of copies. And then when I was 18, I went away, went to live abroad for two years, and when I came back, I found that my mum had cleared my room, and those hundreds of copies had gone. And I think at that point, my love of that ended for a while until I was in my late twenties.” Frost continued, “Now I have a lovely, lovely big office at home, full of lovely graphic novels. And my son can never touch those. I think that was the last thing I shouted to my wife as I left home, ‘Don’t let him touch anything in my office.’ Like a big kid.”
http://youtu.be/kbtnMmYv_Js
LatinoReview
Previous DC Moves 5 Years Into The Future On FCBD With “The New 52: Futures End”
Next Tardis Jukebox! Made From Recycled Cardboard!
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Listen: Florence and the Machine's haunting 'Game of Thrones' song
Johanna Gretschel, Austin American-Statesman
Did that haunting lilt in the end credits of last night’s new “Game of Thrones” episode sound familiar?
That’s because the singer was the ethereal Florence Welch of Florence + the Machine, whose new song “Jenny of Oldstones” debuted in the closing credits of “A Knight of the Seven Kingdoms.”
The new track is first heard in the episode itself, as character Podrick Payne (Daniel Portman) sings the ballad in Winterfell.
According to The New York Times, the song will be the last end-credits track by a contemporary band featured in GOT. Previously, the Hold Steady covered “The Bear and the Maiden Fair” and the National covered “The Rains of Castamere.”
Showrunners David Benioff and Dan Weiss had actually first approached Welch about singing “The Rains of Castamere” for GOT back in Season 2, but her group declined (and Welch says she doesn’t even remember the offer!).
Since then, she’s become a fan of the show.
But she didn’t get a sneak peek at the script in return for her work.
“They keep such a tight ship on ‘Game of Thrones,’ they didn’t tell us what the visual would be,” she said to the NYT. “We weren’t told what’s going to happen in the episode. We weren’t even told what the episode is called. It was all so top secret, so cloak-and-dagger! When I heard it, it evoked something quite strongly in me — you can kind of feel that there is a presence in that song, like something that had history.”
Exactly who is the mysterious Jenny of the Oldstones?
There’s only four episodes left to find out for sure.
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AMD Opteron 8222 SE
AMD Athlon II X2 245e
Buy Opteron 8222 SE
Buy Athlon II X2 245e
Opteron 8222 SE
Athlon II X2 245e
In terms of overall gaming performance, the AMD Athlon II X2 245e is marginally better than the AMD Opteron 8222 SE when it comes to running the latest games. This also means it will be less likely to bottleneck more powerful GPUs, allowing them to achieve more of their gaming performance potential.
The Athlon II X2 was released less than a year after the Opteron 8222 SE, and so they are likely to have similar levels of support, and similarly optimized performance when running the latest games.
The Opteron 8222 SE and the Athlon II X2 both have 2 cores, and so are quite likely to struggle with the latest games, or at least bottleneck high-end graphics cards when running them. With a decent accompanying GPU, the Opteron 8222 SE and the Athlon II X2 may still be able to run slightly older games fairly effectively.
The Opteron 8222 SE and Athlon II X2 are not from the same family of CPUs, so their clock speeds are by no means directly comparable. Bear in mind, then, that while the Opteron 8222 SE has a 0.1 GHz faster frequency, this is not always an indicator that it will be superior in performance, despite frequency being crucial when trying to avoid GPU bottlenecking. As such, we need to look elsewhere for more reliable comparisons.
The Athlon II X2 has a 1024 KB bigger L2 cache than the Opteron 8222 SE, but neither of the CPUs have L3 caches, so the Athlon II X2 wins out in this area with its larger L2 cache.
The Athlon II X2 has a 74 Watt lower Maximum TDP than the Opteron 8222 SE, and was created with a 45 nm smaller manufacturing technology. What this means is the Athlon II X2 will consume significantly less power and consequently produce less heat, enabling more prolonged computational tasks with fewer adverse effects. This will lower your yearly electricity bill significantly, as well as prevent you from having to invest in extra cooling mechanisms (unless you overclock).
Santa Rosa Regor
Socket F Socket AM2+ / AM3
15 Aug 2006 10 May 2010
System Bus
1000 MHz vs -
1.325 V/1.375 V KB vs -
55°C vs -
yes vs no
L1 Cache Count
2 vs -
Opteron is AMD's x86 server and workstation processor line, and was the first processor which supported the AMD64 instruction set architecture (known generically as x86-64). It was released on April 22, 2003 with the SledgeHammer core (K8) and was intended to compete in the server and workstation markets, particularly in the same segment as the Intel Xeon processor. Processors based on the AMD K10 microarchitecture (codenamed Barcelona) were announced on September 10, 2007 featuring a new quad-core configuration. The most-recently released Opteron CPUs are the Piledriver-based Opteron 4300 and 6300 series processors, codenamed "Seoul" and "Abu Dhabi" respectively. The Athlon II series is based on the AMD K10 architecture and derived from the Phenom II series. However, unlike its Phenom siblings, it does not contain any L3 Cache. There are two Athlon II dies: the dual-core Regor die with 1 MB L2 Cache per core and the four-core Propus with 512 KB per core. Regor is a native dual-core design with lower TDP and additional L2 to offset the removal of L3 cache. The three core Rana is derived from the Propus quad-core design, with one core disabled.
Vendor-Specific Features
AMD Power Management
AMDBusiness Class
AMD Business Class
AMD Black Edition
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The Great Lakes Process: new opportunities for protection
Jesse Bernstein and Olivia Bueno
bernstein-bueno.pdf
The International Conference on the Great Lakes Region (IC/GLR) has created a new regional mechanism to promote peace, security and development. Will it provide space to protect the rights of the displaced?
The region has set out on the path to peace and development. Peace agreements have been concluded in Burundi, southern Sudan and the Democratic Republic of Congo (DRC). Negotiations to end the war in northern Uganda are ongoing. Large numbers of refugees have been able to return to their homes in Angola, Burundi, southern Sudan and, to a certain extent, northern and eastern Uganda.
The outbreak of peace has not always, however, brought with it sustainable solutions to the plight of the forcibly displaced. Even as refugees and IDPs return home, they and their families encounter considerable obstacles to reintegration, from social and property conflicts to a lack of infrastructure and opportunities to create sustainable livelihoods. Furthermore, as new and ongoing conflict in the region continues to force hundreds of thousands into flight in Darfur and eastern DRC, millions remain in precarious displacement in northern Uganda and in lesser known IDP situations in Kenya, Rwanda and the Central African Republic. The eleven states of the Great Lakes region continue to host nearly two million refugees and ten million IDPs.
The IC/GLR[1] brought together 11 states – Angola, Burundi, the Central African Republic, the Republic of Congo, the Democratic Republic of Congo, Kenya, Rwanda, Sudan, Tanzania, Uganda and Zambia. In December 2006 in Nairobi, their leaders signed a Pact on Security, Stability and Development. The Pact acknowledges that addressing the situation of refugees and IDPs is integral to ensuring sustainable peace. It includes legal Protocols, projects and programmes of action which are relevant to the protection of the forcibly displaced – including protocols on the protection of IDPs and property rights of returning populations and arrangements to promote the security of host and displaced populations.[2]
The Protocol on the Protection and Assistance of Internally Displaced Persons – which may become the world’s first legally binding international instrument devoted to IDPs – focuses on implementing the Guiding Principles on Internal Displacement[3] at the national level. The Protocol adapts the Guiding Principles to the regional context by explicitly defining the responsibilities of states towards those who are displaced by large-scale development projects and by providing for the creation of a regional mechanism for monitoring the protection of IDPs.
The Protocol on the Property Rights of Returning Persons creates an innovative framework for addressing conflicts over property and land by utilising both formal and traditional mechanisms to resolve disputes. It provides for the establishment of a property registration scheme which recognises both customary and statutory land tenure systems.
The Pact was formulated through a process in which its instruments and programmes were developed with the specific challenges of the region in mind and debated at length by the region’s governments and civil society. The Pact will enter into force only after eight ratifications; currently three member states have ratified or are nearing completion of the ratification process. As efforts proceed to ensure ratification, the Pact and its accompanying protocols present opportunities to engage national authorities on issues related to displacement. In nations where there is no domestic legal framework for the protection of IDPs – such as Kenya, CAR and DRC – the IDP Protocol and the model legislation which accompanies it can be used by advocates to encourage member states to acknowledge the plight of IDPs and to provide increased protection.
Recognising the potential of the Pact, in January 2007 the IDMC and the International Refugee Rights Initiative (IRRI)[4] initiated a project to support civil society advocacy to leverage the IC/GLR for the protection of refugees and IDPs. Civil society organisations (CSOs) have a unique role to play in ensuring that commitments undertaken by states are translated into effective national law and policy, improving the lives of the displaced.
In April 2007 the IDMC and IRRI brought together local CSOs, experts on forced migration, UN agencies and the IC/GLR Secretariat to discuss a plan of action for advocacy using the Pact. Participants expressed enthusiasm about using the IC/GLR tools. The IDMC and IRRI are in the process of preparing a guide which will assist all stakeholders, including CSOs, to productively engage with the IC/GLR to advocate for the rights of the displaced.
The efforts of civil society to promote national responsibility using the Pact must be complemented by UN agencies and donor governments. Member states of the IC/GLR should be encouraged to ratify the Pact, and all stakeholders should use the protocols in formulating protection strategies and policies. While it is states that have a primary role in implementing the Pact, the international community and civil society have a vital role to play in ensuring that its commitments are recognised and honoured.
Jesse Bernstein (J.M.Bernstein@lse.ac.uk) was until recently IDMC’s Kenya and Uganda Country Analyst. He is now studying human rights at the London School of Economics. Olivia Bueno (olivia.bueno@refugee-rights.org) is the Research and Communications Coordinator at the International Refugee Rights Initiative (www.refugee-rights.org).
[1] www.icglr.org
[2] The Pact and other documents are online at www.internal-displacement.org/greatlakes and at the ICGLR document library www.icglr.org/F_END/docLib.asp
[3] www.brookings.edu/fp/projects/idp/gp_page.htm
[4] www.refugee-rights.org
Book traversal links for The Great Lakes Process: new opportunities for protection
‹ Humanitarian reform: a view from CAR
Humanitarian reform: saving and protecting lives in DRC ›
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Unit History: RNAS Sanderling
Abbotsinch, between the Black Cart Water and the White Cart Water, near Paisley in Renfrewshire, was opened and the Royal Air Force 602 Squadron (City of Glasgow) Auxiliary Air Force moved its Wapiti IIA aircraft from nearby Renfrew in January 1933. The RAF Station HQ, however, was not formed until 1 July 1936 when 6 Auxiliary Group, Bomber Command, arrived. From May 1939, until moving away in October 1939, the Squadron flew the Supermarine Spitfire.
In 1940 a Torpedo training unit was formed, which trained both RAF and Royal Navy crews. On 11 August 1943 Abbotsinch was handed over solely to the Royal Navy and it became a Stone frigate. All Her Majesty’s Ships and Stone Frigates are given names and Abbotsinch’s was HMS Sanderling; however Abbotsinch had been known as HMS Sanderling since June 1940. During the 1950s, the airfield had housed a large aircraft storage unit and squadrons of the Royal Naval Volunteer Reserve.
The Royal Navy left in October 1963. The name Sanderling was however retained as a link between the two: HMS Sanderling’s ship’s bell was presented to the new airport and a bar in the airport was named The Sanderling Bar.
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List of IFS officers
SHARED SCHEMES
SHARED SCHEMES BETWEEN CENTRAL AND STATE GOVERNMENTS
Management activities covered under Shared and State Schemes are mostly intervention measures related to,
Habitat restoration and improvement
Protection and Conservation measures
Management planning and Human Resources Development
Eco Development and Community participation in conservation of bio resources.
Mitigation of Human Wildlife Conflict
Promotion of low impact eco - tourism.
Some of the major schemes are,
Integrated development of wildlife habitats
Project Tiger
Project Elephant
Biosphere Reserve
Conservation Reserve
Mangroves and Coral Reefs
Integrated Development of Wildlife habitats has following components:
Support to Protected Areas (National Parks, Wildlife sanctuaries, Conservation Reserves and Community Reserves)
Protection of wildlife outside protected areas.
Recovery programmes for saving critically endangered species and habitats.
The Nilgiris Tahr which is endemic to Western Ghat of Tamil Nadu and Kerala has been identified under the said recovery programme.
The Government of India has sanctioned funds for 30 schemes for the developmental activities in National Parks, Wildlife Sanctuaries and Conservation reserves. The scheme has been implemented with an outlay of Rs.6.13 crore for the year 2018-19. This scheme will be continued during 2019-20 with a proposed outlay of Rs.5.18 crore.
Tiger being the top carnivore, the importance of its conservation lies in the fact that the presence of this predator is an indicator of the overall health of an ecosystem. Various measures to conserve Tigers and their habitats have been taken up by the Forest Department in the four Tiger Reserves viz., Kalakad-Mundanthurai Tiger Reserve in Tirunelveli district, Anamalai Tiger Reserve in Coimbatore and Tiruppur districts, Mudumalai Tiger Reserve in Nilgiris district and Sathyamangalam Tiger Reserve in Erode district. The scheme provides assistance for works relating to habitat conservation and protection including fire prevention, eco-development, improvement of water sources, tourism development, mitigating human wildlife conflicts and improvement of infrastructure facilities in the Tiger Reserves. To reduce the anthropogenic disturbances in Critical Tiger Habitats in Tiger Reserves, 435 families have been relocated from core area of Mudumalai Tiger Reserve. Further with respect to recurring works the funds are sanctioned in the ratio of 50:50 by the Central and State Governments. During 2018-19 the scheme has been implemented at a cost of Rs.49.59 crore. This scheme will continue during 2019-20 with proposed outlay of Rs.29.87 crore.
Project Elephant:
Tamil Nadu is one among the leading States implementing Project Elephant, pursuing scientific management and habitat conservation. The elephant population in Tamil Nadu has been estimated to be 2761 during May 2017. The Project Elephant scheme is implemented in large contiguous elephant landscapes categorized for management as Elephant Reserves and these Reserves have no separate legal status. The scheme in Tamil Nadu is being implemented in the four elephant Reserves to protect the elephants and improve their habitats. The scheme also includes payment of compensation to farmers for the crop damages and loss of human lives caused by human wildlife conflict and further to take necessary steps to minimize such conflicts. During 2018-19 the scheme has been implemented at a cost of Rs.4.58 crore. Around 4000 man-days were generated during the implementation of this scheme. The Scheme will continue during 2019-20 with proposed outlay of Rs.4.50 crore.
Nilgiris Biosphere Reserve
Nilgiris Biosphere Reserve is a Biosphere Reserve in the Western Ghats and Nilgiris range of Southern India. Nilgiris Biosphere Reserve contains following forest types: Moist evergreen, Semi-evergreen, Thorny, Savana, Shola and grass land. Out of 3,300 species of flowering plants , 132 species are endemic to the Nilgiris Biosphere Reserve. Fauna of the Nilgiris Biosphere Reserve includes about 100 species of reptiles and amphibians, 300 species of butterflies, 31 amphibians and 60 species of reptiles endemic to the Western Ghats. The Reserve encompasses 5,520 sq.km in the southern States of which Tamil Nadu portion is 2537.6 sq.km. It forms an almost complete ring around the Nilgiris Plateau. The Tamil Nadu Part covers parts of The Nilgiris, Erode and Coimbatore Districts. This area is very rich in Flora and Fauna. The scheme has been implemented at an outlay of Rs.0.61 Crore during 2018-19. The scheme will continue during 2019-20 with a proposed outlay of Rs.1.00 crore.
GUIDELINES FOR DECLARATION OF ECO SENSITIVE ZONE ISSUED BY GOI:
a) Extent of ESZ:
The extent of ESZ of Protected Areas will have to be kept flexible and Protected Area specific. The width of the ESZ and type of regulations will differ from PA to PA. In case of sensitive corridors, connectivity and ecologically important patches, crucial for landscape linkage, are even beyond 10 km.
b) The procedure to be adopted:
A committee comprising the concerned Wildlife Warden, District Forest Officer an ecologist, an official from the Local Self Government and an official of the Revenue Department of the concerned area, may be formed. The committee may suggest; extent of ESZ, the requirement of such a zone to act as a shock absorber, best methods for management of the eco-sensitive zones, broad based thematic activities to be included in the Management Plan for the region
INTENSIFICATION OF FOREST MANAGEMENT SCHEME
The erstwhile Integrated Forest Protection Scheme has been implemented as a centrally sponsored scheme. The components of the scheme are protection of forest resources by strengthening protection measures for controlling forest fires, survey and demarcation of the forest boundaries to prevent encroachments by constructing the cairns, improvement of roads, provision of better communication facilities, preparation of working plans for scientific management of forest divisions, etc.
With a view to make the Integrated Forest Protection Scheme broader based, Government of India renamed this scheme as "Intensification of Forest Management". In addition to the existing components, the following four more new components have been added.
Protection and conservation of sacred groves,
Conservation and restoration of unique vegetation and ecosystems,
Control and eradication of forest invasive species and
Preparedness for meeting challenges of bamboo flowering and improved management of bamboo forests.
Details of expenditure incurred under this scheme are as follows:
Year Financial Achievement (Rs. in lakh)
2010-11 249.28
2013-14 No sanction received from Government of India
NATIONAL AFFORESTATION PROGRAMME (NAP)
In Tamil Nadu, the forests extend over an area of 22,877 sq. kms. This constitutes 17.59% of the State’s geographical area. One-third of the forest area is estimated to be degraded due to anthropogenic pressures. In order to restore the degraded forests in Tamil Nadu and to achieve the national target of 33% under forest and tree cover, many schemes have been / are being implemented.
NAP Scheme of MoEF&CC, GoI aims to support and accelerate the ongoing process of devolving forest protection, management and development functions to decentralized institutions of Joint Forest Management Committee (JFMC) at the village level, and Forest Development Agency (FDA) at the forest division level.
The National Afforestation Programme (NAP) is one of such schemes being implemented in Tamil Nadu. This scheme launched during 2002-03 is being implemented by the Tamil Nadu Forest Department with 100% central assistance and the objectives of the schemes are (i) to increase and / or improve forest and tree cover, (ii) Rehabilitation of degraded forests and other areas by institutionalizing decentralized / participatory forest management and supplementing livelihoods improvement process (village development, employment generation). The scheme is being implemented in three tier set up viz., State Forest Development agency, Tamil Nadu (a body registered under Societies Registration Act), Forest Development Agency and JFMCs. There are 33 Forest Development Agencies and 1230 Joint Forest Management Committees (JFMCs).
Centrally Sponsored Schemes
Externally Aided Project
State Schemes
For more details >>
TANTEA TENDER CUM SALE NOTICE
ARC TENDER
SALE OF ENRICHED VERMICASTING
We would be more than happy to help you. Our team advisor are at your service to help you.
tnforest@tn.nic.in
Total Visitors - from 01 - 04 - 2017 / Last Update On 29 - 05 - 2018
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Lyrics and Poetry
Misc. Pictures
The FREEShawnAli.com Blog!
Sharing My Perspective About Life, Social Injustices and Prison
by Shawn Ali Bahrami.
Why You Should Adopt an Inmate
by Shawn Ali
Every man or woman in prison has a story, usually starting from their childhood, about how they went from being a free person with a name, who could have done or become anything and anyone they wanted to be in life (just like you), to being an incarcerated inmate identified by a number and caged in a prison cell like an animal. If you don't mind, please have a seat with me on my bunk - yes, right there is fine. Now let me tell you one of these stories.
There once was a boy named Johnny, who lived in a home that, let's just say, wasn't in the best of conditions for raising a child. Before that, he was convicted in the womb of his mother, and his life of struggles began with his first breath. You see, little Johnny was born prematurely, a crack-baby, sickly and weak, a breath away from death, but he escaped a one-way trip to heaven and was instead rewarded with a new life of hell in the ghetto.
His mother, unfortunately, traded her life for his in delivery, and his sperm donor father was never seen again. A distant, irresponsible uncle was left with the responsibility of raising this child, a product of prostitution.
With secret sniffles and torrential tears, gift-less birthdays and petty-present Christmases came and went like the red-blue sirens and helicopters he became immune to seeing on his troubled, survive-or-die street. At school, little Johnny was frequently teased and taunted for being poor, biracial, and small. Over time, the hole in his heart grew bigger than the hole in his generic-brand shoe. Johnny's government aid was devoured by his uncle's and aunt's crack addictions, who, a few times during their intoxicated states, took separate turns, and on separate occasions, molesting little Johnny.
As any other ordinary boy, little Johnny craved love, acceptance, understanding, instruction, and guidance, all the while unknowingly building walls around his empty and confused heart. When his natural emotional needs weren't being fulfilled at home, Johnny curiously embarked on a quest in his gang-infested neighborhood.
As little Johnny ventured out into his violent neighborhood each day, he met people who were traveling similar destructive paths, attempting to fulfill the same emotional needs. Johnny's new gang-peers and homeboys artificially filled his parental void by introducing him to new, exciting, and illegal activities, which felt good and temporarily fulfilled his needs.
Significant changes for the worse were manifesting in Johnny's speech, manner of dress, and overall actions. His uncle and aunts, who had by now cleaned up their own acts, put forth a serious effort to provide the love and attention he needed, but it was too little, too late. The streets became Johnny's unofficial home, and his homeboys became his official family.
Johnny's now involved and concerned guardians, along with other distant relatives who also cared for him, watched helplessly with hurting hearts, as Johnny slipped slowly through the cracks with each juvenile detention.
Then when Johnny turned 17, because Texas considered him an adult who qualified for adult punishment (but not adult privileges), the inevitable happened. Johnny was sentenced to an adult prison sentence of 20 years, for being a passenger (not the shooter) in a stolen car that was used in a drive-by shooting of a rival gang.
As Johnny lay hopelessly in his prison bunk the first night, with thoughts racing recklessly through his mind, reality and the error of his ways hit him. His inner void felt bigger than ever, and with no one supporting him from the outside, he had no clue what he would do with his time in prison.
What will Johnny do with his time in prison? Will he become worse or better? You tell me, since you - yes YOU reading this blog - could be the determining factor by giving an inmate a second chance, by adopting and properly guiding one of the many Johnnies (different names with similar stories) who are seeking adoption and a new path in life through Adopt an Inmate.
Inmates are Still People
You know those compassionate commercials, the ones where they ask the viewer to adopt a dog or cat? Well, before they ask you, they soften up your resistance and tug on your heartstrings by showing a montage of sad-eyed disfigured dogs and cats confined inside cages. Some of the strategic camera shots look so inhumane and heartwarming, that by the end of the commercial even people who are not animal lovers feel the tug to call toll-free and send a donation to the organization, because even they have enough compassion to know there is something fundamentally wrong with a helpless pet without a home or someone to care for them.
There are now millions of, not dogs or cats, but people, caged inside cells in thousands of prisons across our nation that were built during the late 1980s and early 1990s tough-on-crime era to accommodate the booming prison population, now known as Mass Incarceration. Granted, the inmates filled up our nation's prisons by breaking the law; however, there is now a general consensus that mandatory minimum sentencing laws for drug and other nonviolent crimes are unfair, and that low level crimes should be treated as misdemeanors.
The Prison Industrial Complex is comprised of both public and private prisons that swap and transfer inmates between each other like a hot commodity. States are being urged into contracts with private prisons, guaranteeing to keep the prison anywhere from 70% to 97% full, at all times. Empty beds do not make money. If the population falls under pledged quota levels, the state pay the difference, whether someone is in that bed or not. This system ensures that both the prisons, and the coffers, are continually full.
Named people become numbered inmates, who are unforgiven and forgotten in the labyrinth of endless tiers and cells of the Prison Industrial Complex. Compared to the helpless pets, little sympathy is shown to citizens who have committed a crime (many are not caught, by the way, you might even be one who got away [smile]), because the collective thinking is a person should "pay" for breaking the law by being locked up. There are few alternatives, such as probation (which is continually denied), treatment centers, mental health facilities, and therapeutic halfway house communities.
Labels are powerful identifiers that feed public opinion and judgment to the point that law-abiding people are unable to see a human being apart from their isolated act of wrongdoing. For example, an 18-year-old male who has consensual sex with a 16-year-old female is lumped together with a child molester under the broad label of sex offender, and even after he has completed his prison sentence, he will be a piñata of ridicule for the rest of his life. Likewise, people who commit non-aggravated offenses, or aggravated offenses where no one died, are presumed to be cold-blooded murderers by misinformed people when the label "inmate" is used. Sensationalized media images are force-fed to the public to further fuel the stereotype that every inmate is a monster. The moment the person becomes a convicted felon, no matter the offense, he or she is treated as if infected with an incurable and contagious plague. Even after the government spends millions of dollars to "rehabilitate" and educate us, upon release, ex-felons are ostracized by society, becoming the modern-day lepers. Don't hire him. Don't touch him. Don't love him.
Undeniably, there are some men and women who deserve to serve long sentences behind bars, as their crimes are so heinous. And some, I agree, whose crimes are so atrocious, and they are such high risks/threats to public safety, that they shouldn't be allowed to place a single foot back in society as a free person. (Most of them would be served by mental health treatment that is sorely lacking in the current system.)
However, even the small percent of inmates who have committed the worst crime (murder), are still people, and though their punishment should not be negated, even they deserve a chance to redeem themselves, to become better people, as inmates on the inside of prison.
These top-tier, ultra-violent crimes that are shown nightly on the evening news are in the minority. Ninety-five percent of all inmates (murderers included), no matter what society thinks of us, and whether you like it or not, WILL be released back into society at some point, and will be the people - yes people - that you live among you and interact with you on a daily basis. It's likely that these former inmates are now, or will be, your neighbors, co-workers, waiters, and strangers you make small-talk with in the checkout line. In fact, the inmate you passively hate today based on a false stereotype formed from watching too much television, could be the same person that helps you out tomorrow on the side of the road when your car breaks down. I can't count the number of good, down-to-earth, regular men I've met in prison who were living successful, honest lives on the outside, but got sidetracked, made a mistake and broke the law.
What Happened to Second Chances and Forgiveness?
When a dog or cat screws up one too many times and the fed-up owners have them locked up an animal shelter, someone else comes along and gives the same rebellious pet a second chance. How much more should a human being, who is currently an inmate, be given a second chance? "And I believe we can help those who have served their time and earned a second chance get the support they need to become productive members of society," were the words of President Obama when visiting a halfway house and drug-treatment center on November 2nd of this year. It's encouraging to hear our President advocating for second chances for ex-felons, but the second chance I am referring to starts while an inmate is serving their sentence, rather than waiting until inmate completes their time and regains their physical freedom. The fact is, without support, an inmate can leave prison in worse condition than when he or she arrived. Recidivism statistics don't lie: many ex-felons will re-offend and return to prison within their first year of being released.
Besides not getting the needed support while inside, Obama is right that one of the main reasons ex-cons re-offend is because the current system of Mass Incarceration, which your tax dollars are being wasted to finance - to the tune of $80 billion - is ineffective as a deterrent to criminal behavior. Ex-felons who strive to reintegrate back into society as productive members are black-balled by most employers and are given few opportunities to succeed. By adopting an inmate, you can give a man or woman a second chance NOW at a critical, rehabilitative impasse in their lives when your kind, positive influence and support system could be the key difference in changing their thinking, behavior, and ultimately their lives, once your adopted inmate is released.
In 2012, the Supreme Court banned states from giving juveniles mandatory Life sentences, but several states - Pennsylvania Michigan Louisiana Alabama and a few others - did not treat the ruling retroactively. Because some states refused to extend the second chance the Supreme Court justly gave to juveniles, there are currently people who have been in prison multiple decades because of an offense committed when they were KIDS. People like Henry Montgomery, Then 17, now 69, (52 years in prison); Trina Garnett, then 14, now 54 (40 years in prison); James Porter, then 16, now 49 (33 years in prison), and too many more to list (2000), but you get my point. These kids, now old and gray, haven't paid their so-called "debt to society," then I don't know if there ever was a criminal who has, without still being marginalized and stigmatized by the religious, educated, "good people" in our society.
Before of the 2012 ruling, there was another significant second-chance Supreme Court ruling in 2005, barring the death penalty for crimes committed by juveniles. At the time, the US was the only civilized country in the world that was handing out death sentences to juveniles and executing them years later once all their appeals were exhausted. Even the 'axis of evil' countries - Iran, North Korea, Cuba, etc. - were not using the death penalty on juveniles.
Most of us have heard the statistic quoted in a recent USA today piece, that the US has just under 5% of the worlds population yet nearly 25% of its prisoners. The paradox that is disturbing when you really think about it is, as a nation, we not only lead the world by a landslide in incarceration rates and death penalty executions (killing our own citizens through the "proper" legal channels), but also in the number of religious establishments - churches, mosques, synagogues, and other religious centers, where we seek to commune in worship with God and seek forgiveness for our unholy transgressions. As a nation, how can we be so religious when it comes to seeking forgiveness for breaking God's law, yet be so unforgiving and judge mental towards our citizens when they break complicated man-made laws that grow more complex with each legislature session by tough-on-crime politicians? I am so grateful that God doesn't operate on our vengeful level of harsh punishment, because if God were a human judge, we would all be destined for life sentences like the kids mentioned earlier.
As I stated previously, I can understand the criminal justice logic behind locking away an adult murderer, serial killer, for violent rapist - the worst of the worst lawbreakers - for multiple decades, but giving a guy 25 years to life in prison for stealing a bottle of vitamins in California where he violated their three strikes law. C'mon, now, this is just outrageous and this type of backwards, cookie-cutter justice hinders our social progression and evolution as a civilized, enlightened, democratic society. In many states, according to the same USA Today piece from above "low level crimes such as possession of small amounts of marijuana or shoplifting are felonies." When $80 billion is being spent nationally on an annual basis from your tax dollars to finance Mass Incarceration, it doesn't make economic nor moral sense to continue increasing the Prison Industrial Complex spending budget by incarcerating low-level, nonviolent offenders or to re-incarcerate someone on parole for a technical violation.
Last year (2014), the author John Grisham caught some flak in the media for speaking out publicly against Mass Incarceration by personally defending his friend - not his friends illegal actions - who did 10 years of his life in prison for viewing a two dimensional picture of child pornography online. Was his friend wrong? Of course he was, and again, Grisham didn't defend his friend's illegal actions, but Grisham's point of emphasis was that his friend's crime did not fit the sentence he received, and that there should be more common-sense, rehabilitative treatment alternatives for low-level, non-violent offenders. Here's an afterthought: if we were able to view some of the deviant, illicit thoughts and images that project everyday on the screen peoples minds, there would be a floodgate of citizens doing ten year sentences or longer. After all, according to the major Abrahamic religions, whether it takes place online or in your mind, lust is lust and sin is sin, anyway you look at it. So, if God can forgive you for your perverted, grotesque thoughts, why can't you and the system forgive and help someone who broke a law without physically harming anyone? Have we become so "religious" as a nation, that we have forgotten we are all sinners - inmates - in the omniscient eyes of the Creator?
The good news is the tides are shifting against Mass Incarceration. On both sides of the aisle, Democratic and Republican, there is a growing movement to end Mass Incarceration against our citizens and to reduce our nation's prison population by half by 2030. Furthermore, it's great to see Obama, our Commander-in-Chief, leading the charge for second chances and change, as he campaigned to do, to overhaul our broken criminal justice system. In a major move, 130 law enforcement leaders nationwide, made up of police chiefs and superintendents, have come together on their own accord and launched the Law Enforcement Leaders to reduce crime and incarceration.
Even so, many states still have ridiculous laws that classify what should be ticket-misdemeanors into unnecessary prison-bid felonies, but police officers are paid to enforce even the most outlandish laws that are on the books. The police department hands are cuffed, so to speak, and they're forced by the letter of the law to continue doing their civic duty by loading people up in the back of their squad cars and down the criminal justice pipeline to a prison cell. By forming the new coalition, police leaders are making a huge statement to politicians that they want laws and the paradigm for punishment to change, so they can effectively and efficiently do their part on the front lines to both reduce crime and incarceration numbers. From the public sector - president, politicians, and police chiefs - to the private sector - celebrities athletes and authors like John Grisham - more people are speaking out against Mass Incarceration of US citizens. However, true change starts with the power of the people.
All it takes is one flame to start a forest fire; meaning, don't underestimate the far-reaching power of your individual influence. You don't have to wait on the president, a politician, or a celebrity to do something to change the culture of the criminal justice system. YOU can do something on a personal, one-on-one level by transforming a novelty concept (adopting an inmate) into a nationwide norm as your way of giving someone who made a mistake a second chance and pitching in to do your individual part to reduce Mass Incarceration.
When faced with the goal, challenge, obstacle, or task in life, most people naturally focus on the many things they cannot do instead of the few things they CAN do to achieve incremental progress. One step forward in the right direction, even if it's a tiny baby steps, constitutes progress. One inmate adopted by you, and positively influenced by you overtime, who doesn't re-offend and doesn't return into the revolving door of prison life, is progress. Many people also succumb to what psychologists call the "bystander effect," where they won't do something until someone, or a group of people, acts first. What are you waiting for, person reading this blog? Someone else (a celebrity) to act first? Why don't you adopt an inmate and give an inmate a second chance? If not, what's holding you back? It's normal for you to be hesitant and cautious when trying something new like the concept of adopting an inmate. Take your time and think about it, but please don't allow a convenient excuse to prevent you from changing someone's life for the better and maybe even your own life in the process.
If you have something against murderers, fine, but don't let that single prejudice hinder you from adopting an inmate with a low level offense who is nowhere close to being a murderer. Do you have something against child molesters and rapists, well, welcome to the club (applause), me too, so ... adopt someone who isn't, easy as that. Focus on doing what you CAN do so you can tailor your adoption selection to fit around your conscience to where you will feel comfortable giving your all to the inmate you adopt.
Once you take the pivotal first step forward, by adopting an inmate and establishing contact, be mindful, and open-minded that the new journey you two will be traveling together won't be perfect. There will be instances where you will second-guess your decision based on something the inmate says, asks, or does that rubs you the wrong way. Remind yourself that you're not helping someone that's in your church choir (smile), so keep low expectations that way you won't be surprised when you encounter flaws in your inmate's character. Just try to be the mature, civilized adult with thick skin and understand that most inmates, at their core, because of their upbringing and the "story" that led them to prison, are resistant to true change and have criminal-thinking minds, even if on the surface of their personalities, for the most part, they already sound and appear changed and fit for society. It takes just as much energy to live a good life as it does to live a bad life, so you want to help your inmate redirect their energy towards getting in the habit of striving to live a good/positive life. And your influence/impact you you have on your inmate doesn't necessarily have to be with preachy words, you can influence and lead by example.
The ultimate goal is to transform the way your inmate thinks, because if you change how a person thinks, you can help guide to change their behavior and how they live their lives. Before you can take someone's hand and guide them, you have to touch their hearts by showing you care. "People don't care how much you know until they know that you care" (John Maxwell). Adopting an inmate and trying to change their lives, involves more than just talking about it, you have to support your words with actions to show you truly care. Everyone is different, so again, do what you CAN. When helping an inmate with their needs and wants in prison through your actions, I think it's best to draw lines and boundaries in the sand early on. Why? Well, your inmate may try to get out of hand with requests, and since you want the focus to be on your newfound friendship and not on constant to-do-list requests, it's a good idea to bluntly outline what you CAN and will do for them from the get-go, so that there is an out-in-the-open mutual agreement. The actions I'm referring to can be sending your inmate money for commissary (most popular), weekly letters or electronic mail, cards, pictures, occasional books/magazines, phone conversations, and face-to-face visits. here's an example of a monthly support-system plan you can use as a general guide: $40 for commissary, 2 phone calls, and 4 letters or email alternatives, like Jpay.
Not that you can't deviate from your plan to do more/less when you choose, but once you clearly state your plan with your inmate, you can better focus on getting to know them and truly helping them. As you get to know your inmate and get a good feel for their mental states, weaknesses, addictions, and shortcomings, then - if you choose to get heavily involved - you can take greater steps of your choosing to show them a new way.
When I first got locked up, I was only 17 years old, much like the fictional but all-too-true story of little Johnny that I started off this blog with. If it weren't for my Aunt Lucy and Uncle Gary and their positive, Christian influence, words and actions early on and throughout the first half of my two-decade long prison journey, I wouldn't be the transformed, new creation, college-educated, forward-thinking, creative man-with-a-purpose I am today.
During those early, difficult days when most people, family and so-called friends forgot about me and gave up on me, Lucy and Gary gave me more second chances than I could count. My first County Jail visit was from them. Who sent me my first Bible - they did. When I needed commissary necessity items like (hygiene/stamps), and luxury food items to supplement the skimpy tray meals they fed us, they sent me money. When I arrived to my first prison unit, they were again the first to visit me again. When I wanted to enroll in some college classes and start working on my Associate's degree, they didn't just give me their vote of confidence, they stepped up to pay for half of my tuition (the state paid for the other half through a reimbursement program). When I wanted to get in the craft shop and learn to make custom leather goods, they forked over the initial investment so I could buy the tools, equipment, and materials I needed to get started. Do you see a pattern? Lucy and Gary kept giving me chances to better myself and to succeed inside prison (not wait until I get out), and I kept taking advantage of those chances. When I wanted to start on my Bachelor's degree, they put $600 on my account to expedite my transfer to the unit that offers my degree plan through an accredited university.
Once I started taking my classes they stuck by me and my educational goals by again paying for half of my tuition. And when I make parole or I'm exonerated one day soon (whichever comes first), it should come as no surprise that I will be paroling to their house, where I know the non-biological family, Lucy and Gary, who loved and supported me all these years in prison will support and facilitate my successful, productive transition back into society.
It's important to note that Lucy and Gary are not my blood-relatives, but by their love and actions, they are my family. I'm highly recommending through this blog that you give at least try to give an inmate the same second chance that they gave me nearly 21 years ago. One day soon, when I'm released and I never come back to prison as an inmate, and I'm highly successful - legitimately and legally (smile) - member of society, and I'm using my voice, writing, and talents to combat injustices like Mass Incarceration, I truly owe it all to them for unconsciously adopting me.
Visit www.adoptaninmate.org.
suzanne varner link
I AM A LEGAL ASSISTANCE AND I HELP PRISONER TO GET OUT AND PUT THEM ON THE RIGHT ROAD IN LIFE... I READ YOUR AND YOU GETTING YOUR LIFE GOING ON THE RIGHT PATH.THERE SHOULD BE MORE PEOPLE THAT WILL HELP AND I KEEP TELL MY PEOPLE THAT I HELP YOU ARE NOT ANIMALS.
I AM A LEGAL ASSISTANCE AND I HELP PRISONER TO GET OUT AND PUT THEM ON THE RIGHT ROAD IN LIFE... I READ YOUR AND YOU GETTING YOUR LIFE GOING ON THE RIGHT PATH.
I was wrongfully convicted at the age of 17 and I've spent the past 20+ years of my life in prison.
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