[Nhcoll-l] test

[stuartf]

ignore this -problems in florida

________________________________________
From: nhcoll-l-bounces at mailman.yale.edu [nhcoll-l-bounces at mailman.yale.edu] on behalf of Peter Rauch [peterar at berkeley.edu]
Sent: Friday, June 22, 2012 7:26 PM
To: Jay R. Cordeiro
Cc: nhcoll-l at mailman.yale.edu; crust-l at vims.edu; Gordon Hendler; FISH-SCI at SEGATE.SUNET.SE; esb at fws.gov
Subject: Re: [Nhcoll-l] Coral Reef Conservation Act of 2012 impacts onscientific research

Here's how I read the language:

The language states:
‘(3) EXEMPTIONS- The destruction, loss, or injury of a coral reef or any component thereof is not unlawful if it was--

‘(C) the necessary result of bona fide marine scientific research (including marine scientific research activities approved by Federal, State, or local permits), other than--

‘(i) sampling or collecting; and
‘(ii) destruction, loss, or injury that is a result of a vessel grounding, a vessel scraping, anchor damage, or excavation that is not authorized by a Federal or State permit;

What that says to me is:

If a vessel that is conducting permitted scientific research which results in the destruction, loss, or injury to a reef, the vessel did not commit an unlawful act, UNLESS in the process of sampling or collecting, the vessel ALSO ("and") caused damage to the reef BY its own grounding, scraping, anchor damage, or excavation, unless that damage was authorized by permit.

In other words, vessels conducting permitted scientific research must take care to not damage reefs too, but could be allowed to damage them under certain permitted activities and explicit permissions to cause damage by those means.

It does not say that permitted "sampling or collecting" per se is unlawful.

But, that's just my reading of that section of the bill.

Peter

At 10:38 12/06/22, Jay R. Cordeiro wrote:
>Hi, Gordon
>
>On behalf of the Environmental Stewardship Council, I got the following:
>Folks-
>I have a call in to the office of Congresswoman Bordallo who introduced the bill.  I'm a member of the Mid Atlantic Fishery Management Council, and the staffer is a Sea Grant Fellow.  I will post her reply.
>Peter deFur
><mailto:pldefur at igc.org>pldefur at igc.org
>Other than that NOTHING.  Anybody out there have an opinion>>>
>
>Still waiting…
>
>jay
>
>
>
>From: Gordon Hendler [mailto:Hendler at nhm.org]
>Sent: Thursday, June 21, 2012 5:39 PM
>To: Jay R. Cordeiro
>Subject: RE: [Nhcoll-l] Coral Reef Conservation Act of 2012 impacts onscientific research
>
>Jay,
>Did you receive any clarification?
>Gordon
>
>
>***********************************
>Gordon Hendler, Ph.D.
>Curator of Echinoderms
>Natural History Museum of Los Angeles County
>900 Exposition Boulevard
>Los Angeles, California 90007
>U.S.A.
>tel  213-763-3526
>fax 213-746-2999
><mailto:hendler at nhm.org>hendler at nhm.org
>
>
>
>From: <mailto:nhcoll-l-bounces at mailman.yale.edu>nhcoll-l-bounces at mailman.yale.edu [mailto:nhcoll-l-bounces at mailman.yale.edu] On Behalf Of Jay R. Cordeiro
>Sent: Wednesday, June 20, 2012 6:16 AM
>To: <mailto:nhcoll-l at mailman.yale.edu>nhcoll-l at mailman.yale.edu; <mailto:esb at fws.gov>esb at fws.gov; <mailto:FISH-SCI at SEGATE.SUNET.SE>FISH-SCI at SEGATE.SUNET.SE; <mailto:crust-l at vims.edu>crust-l at vims.edu; IUCN World Conservation Congress
>Subject: [Nhcoll-l] Coral Reef Conservation Act of 2012 impacts on scientific research
>
>Hello list members, colleagues, and friends
>
>Has anyone heard of the Coral Reef Wildlife International Trade and Conservation Act of 2012?  Apparently it is a proposal by legislator Bordallo to re-authorize and amend the Coral Reef Conservation Act of 2000.  I have read through the act and am concerned about a line item that will likely affect scientific collecting on coral reefs in U.S. waters.  A complete description of the act, as proposed, can be found here: <http://www.govtrack.us/congress/bills/112/hr738/text>http://www.govtrack.us/congress/bills/112/hr738/text.
>
>The line item in reference is Sec. 206 (Emergency Response Actions), (e) Liability for Costs and Damages to Coral Reefs, (3) Examptions, (C) the necessary result of bona fide marine scientific research (including marine scientific research activities approved by Federal, State, or local permits), other than--‘(i) sampling or collecting
>
>Am I reading too much into this or does this specifically prohibit any collecting of scientific specimens on U.S. coral reefs?  Note the amendment also lumps any coral reef within the jurisdiction of the U.S. or any state as a National Marine Sanctuary regardless of whether it has formally designated as such.
>
>Looking forward to responses.  If possible, could you all cc me directly with your responses?  Sometimes listserve messages do not always reach me.  Also, please pass this around.
>
>Jay Cordeiro
>University of Massachusetts
>And
>Northeast Natural History & Supply
><mailto:jay.cordeiro at umb.edu>jay.cordeiro at umb.edu

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