Coral-list  March 2, 2010

This is a post by our friend Dr. James Cervino that is part of an online discussion on the NOAA Coral-list about adding 82 more corals to the U.S. Endangered Species List and the need for stopping the trade in live corals. 

Mr. Coral Collector-

What I will also do is collect the invoices of corals from 2 different hobby
stores in NYC that have imported Pacific Corals for the last 2 decades.  I know
for sure that these are wild collected corals. During 1991-93 we personally
witnessed the crobar collection of soft corals from reefs between Sipadan and
Tawau. There were corals placed in bags and tied up awaiting for pick up.

Illegal Collection

I  also want to commend John C. Cruden, Acting Assistant Attorney General for
the Justice Department’s Environment and Natural Resources Division,  Kent
Robinson, Acting United States Attorney for the District of Oregon, Special
Agent in Charge of Law Enforcement for the U.S. Fish and Wildlife Service’s
Pacific Region, based in Portland and Vicki Nomura and Dwight Holton for
putting some of these deforesters out of commission.

Legal Collection (Deforestation)

The internationaclo ralt radeb etween 1985 and 1997 was comprehensively reviewed
by Green and Shirley, based on data from 70 coral importing and exporting
nations. They report that approximately 2 million coral pieces per year were
exported over this period, with the USA imports accounting for 56%b y weighto f
the global trade and those of the European U nion 15%. Since export  to f corals
was banned in the Philippines in the late 1980s, Indonesia has become the major
coral exporting nation (36% of supply in 1999). The coral trade peaked in the
early 1990s at around 4000 tonnes (t) yr-‘ and has subsequently declined t o
about 1000 t yr-‘. The value of the trade
in 1997 USD 50 million in retail sales.

SOME MORE FACTS:

• In 1997, according to CITES data (of permitted exports), the major exporters
of live coral were Indonesia (71%), Fiji (12%), and Solomon Islands (6%). The
major exporters of live rock were Fiji (89% by weight) and Indonesia (74% by
piece).

• According to CITES, the United States is the largest importer of live coral
and reef rock, bringing in more than 80% of the livecoral trade (more than
400,000 pieces a year) and more than half of the marine aquarium fish sold
worldwide.

HOW MUCH IS BEING HARVESTED FOR INTERNATIONAL TRADE?
• According to the CITES database, in 1996, permitted coral exports produced 2.5
million pieces of live coral, 739 tons (670,000 kg) of raw coral, and 31,000
colonies of black coral.

• About 3,000 tons (2,721,600 kg) of coral enter international trade each year
for use in aquariums, according to the Ornamental Aquatic Trade Association.

• CITES reported 19,262 tons (17,474,486 kg) of black corals were imported into
70 nations from 1982-1997.
Also, here one of the recent cases:

FOR IMMEDIATE RELEASE
ENRD

WEDNESDAY, OCTOBER 14, 2009
(202) 514-2007
WWW.USDOJ.GOV
TDD (202) 514-1888

GERMAN NATIONAL PLEADS GUILTY TO

SMUGGLING CORAL FROM THE PHILIPPINES

Discovery of shipping containers full of illegal coral in Oregon led to
indictment

WASHINGTON-Gunther Wenzek, a German national, pleaded guilty today
before District Judge Anna J. Brown, of the U.S. District Court for the
District of Oregon, to one count of smuggling coral into the United
States at the port of Portland, Ore., the Justice Department announced.
A grand jury in Portland indicted Wenzek in July 2008.  Law enforcement
officials arrested Wenzek in February 2009 when he entered the United
States at Dulles airport outside of Washington, D.C., en route to a pet
exposition in Orlando, Fla.  Wenzek has been detained under a third
party custodian release agreement since February.  Sentencing is
scheduled for Jan. 5, 2010 at 1:30 p.m. PT.

Wenzek owns a company named CoraPet, based in Essen, Germany that sells
various coral products to retailers in the United States.  Customs
agents seized two full containers of coral shipped by Wenzek to a
customer in Portland.  These two shipments made up a total of over 40
tons of coral.

 The corals seized have been identified as corals from the scientific
order Scleractinia, genera Porites, Acropora, and Pocillopora, common to
Philippine reefs.  Due to the threat of extinction, stony corals, such
as those seized in this case are protected by international law.
Philippine law specifically forbids exports of all coral.  Moreover, the
Convention on International Trade in Endangered Species (CITES) bars
importation of the coral Wenzek tried to import to customers in the
United States, without filling out proper customs forms or permits.

The removal of dead coral and live rock is of major concern for coral
reefs, including those reefs protecting coastal communities from storms.
These corals are the fundamental building blocks of the coral reef
ecosystem.  Unsustainable collection of coral frequently results in the
loss of important nursery areas, feeding grounds, refuge for fish and
invertebrates, and increased erosion of reef systems.

“This guilty plea is one example of the United States’ coordinated
efforts, including the work of multiple law enforcement agencies, to
protect coral reefs and marine ecosystems both domestically and
internationally,” said John C. Cruden, Acting Assistant Attorney General
for the Justice Department’s Environment and Natural Resources Division.
“Preventing the further decline of coral reefs through strong
enforcement of our nation’s environmental laws is paramount in
preserving marine environments and fisheries.”

“We will not allow criminals to profit from the illegal devastation of
the world’s coral reefs,” said Kent Robinson, Acting United States
Attorney for the District of Oregon.

“This activity has an immeasurable negative impact on our shrinking
resources in the world,” said Paul Chang, Special Agent in Charge of Law
Enforcement for the U.S. Fish and Wildlife Service’s Pacific Region,
based in Portland.

“Our national and the international marine resources are important to
all of us and this is a fine example of federal agencies working
together to protect those resources,” said Special Agent in Charge Vicki
Nomura, National Marine Fisheries Service, Office of Law Enforcement.

The case was investigated by the U.S. Fish and Wildlife Service, U.S.
Immigration and Customs Enforcement, and the National Marine Fisheries
Service.  The case is being prosecuted by Assistant United States
Attorney, Dwight Holton from the District of Oregon and Senior Trial
Attorney J. Ronald Sutcliffe of the Justice Department’s Environmental
Crimes Section, with assistance from the Southern District of Florida,
AUSA, Tom Watts-FitzGerald.

*************************************
Dr. James M. Cervino
Visiting Scientist
Woods Hole Oceanographic Institute
Contact Information:
NYC Address: 9-22 119st
College Point New York, 11356
Cell: 917-620*5287
************************************

Earth Island Institute says:  OUTRAGEOUS!
SeaWorld is blaming the victim — their trainer who let her ponytail swing into the water — while the real negligence lies with them. They knew the whale Tilicum had a history of attacks against people, but they chose profit over the safety of whales and people.

It is time for a federal investigation of their actions, and time to force them to return orcas to the wild and stop the cover-up. We know this can be done, because we have done it with Keiko, the whale from Free Willy.

As Ric O’Barry states well in The Cove, “Don’t Buy A Ticket”! Join our petition against the cruel captivity industry at:

http://www.thepetitionsite.com/5/stop-dolphin-captivity
Check out our call for a federal investigation at:  http://apps.facebook.com/causes/331088/80397156?m=621bc82a

http://www.youtube.com/user/IleanaRosLehtinen#p/u/0/Km9i1dc5cLs
 
 
Remarks by Congresswoman Ileana Ros-Lehtinen
IN SUPPORT OF GREATER REGULATORY FLEXIBILITY
FOR FLORIDA FISHERMEN
   Mr. Speaker, this week I met with commercial and recreational fishermen from my Congressional district of the Florida Keys. These hardworking men and women have taken time out of their busy season to travel up here to Washington, D.C., to protest the latest round of onerous and unfair Federal fishing regulations and closures.
   Florida’s recreational fishing industry is the largest in the Nation. It’s economic impact to our State exceeds $5.3 billion, and more than 54,000 jobs are generated by this industry. Similarly, Florida’s commercial fishing industry is nearly 13,000 strong and contributes a staggering $1.2 billion to our economy.
   Our fishermen understand that maintaining a robust, healthy fishery through appropriate regulation is the key to their economic success. However, the recent fishing bans on red snapper and shallow water grouper enacted by the South Atlantic Fisheries Council are devastating to our Florida fishing industry. The bans not only threaten the jobs of recreational and commercial fishermen, but also the small business owners that support and economically benefit from these industries.
   Local restaurants will look to carry more cost-affordable fish from countries such as Mexico and the Dominican Republic, as opposed to featuring fresh, Florida-caught fish, crab, and lobster. Hotels, dive shops, and other tourist attractions will also continue to suffer as fishing enthusiasts decide to travel elsewhere.
   The impact of this multibillion dollar industry on the State of Florida cannot be overstated. And yet, one by one, these fishermen are being regulated out of business.
   I’m a cosponsor of a bill known as the Transparency in Job Loss from Fishery Closures Act, and this is a bill introduced by my colleague, Congressman Henry Brown. This bipartisan bill instructs NOAA to reverse the harmful fishing closures and calls for stricter policies before implementing further closings.
   In particular, this bill requires that NOAA conduct a comprehensive review of recent fishery closures and provides sufficient updated research showing that a closure is the only option to maintain the fishery. In this review, NOAA must consider the impact of each closure on the coastal communities being regulated, including the impact on their small businesses and the losses of the jobs that would entail these closures.
   I also support efforts to increase fisheries research to improve enforcement systems and to reform the flawed Magnuson-Stevens Fishery Act.
   I’m a cosponsor of a bill introduced by Congressman Frank Pallone, which would amend Magnuson to provide greater flexibility to State regulators and fishery managers.
   The process of collecting data utilized by Federal regulators in determining fishing closures also needs to be revisited.
   The Scientific and Statistics Committees need to conduct their business in an open, transparent forum that also considers input from the fishing industry. What a concept. Opening up this committee to stakeholders’ feedback and congressional oversight will go a long way in repairing the trust between regulators and local fishermen.
   In this stagnant economy, Mr. Speaker, it is imperative that we do all that we can to protect a historic and much needed industry from economic disaster. Our Nation’s fishermen deserve and require our immediate action.

http://blogs.palmbeachpost.com/seeinggreen/2010/02/23/florida-a-conspicuous-no-show-at-capitol-hill-coral-reef-summit/

by Paul Quinlan

http://www.capitolnewsconnection.org/node/13907

The Environmental Protection Agency wants to protect Florida bodies of water like Lake Okeechobee.

Manuel Quinones, CNC News | 16 February 2010

Environmental attorney Ralf Brookes has enjoyed scuba diving in the Florida Keys for the past 20 years.  He recalls gin-clear waters and healthy reefs.  But Brookes says he’s seen first hand how pollution has jeopardized the area’s beauty. 
 
“The turtle grass is all covered with brown algae and it’s smothering it to death,” Brookes said.  “Most of the corals in the patch reef are smothered or are dying or dead.  When you get out to the main reef, it’s just tragic, you feel like crying because it’s probably ten percent as good as it used to be.”
 
Brookes says he’s encouraged by a new plan by the U.S. Environmental Protection Agency to lower phosphorous and nitrogen levels in lakes, rivers, streams and canals. 
 
The agency is getting tough after environmental groups sued back in 2008. 
 
But the proposed EPA action is also causing controversy.  It’s the first time the agency seeks to override Florida’s water quality standards, which is setting up an unprecedented showdown between local businesses and Washington bureaucrats.  Earthjustice lawyer David Guest says the pollution comes from untreated sewage, cow manure and fertilizer.  He says it’s an especially big problem with the Miami-Dade canal systems.

“If you spray liquid fertilizer on your grass, the grass will grow like crazy and it will turn this crazy green color, well you spray that same fertilizer on the water, which is what happens when it rains, then you get this crazy growth of algae in the water,” Guest said.

Ephraim King, director of the EPA’s Office of Science and Technology, says the pollution caused by population growth is outpacing Florida’s attempts to regulate it.

“While that process probably works well when you only have a few impaired waters, in Florida, they’ve got over 850 waters that are impaired, and 60 percent of those are impaired due to nutrients,” King said.

Fighting back is a coalition of 75 business and utility groups.  They’ve formed an organization called “Don’t Tax Florida.” 
 
That list includes peanut and row crop farmers from the Panhandle. Larry Ford has run a farm in Jackson County for 40 years. He’s concerned the new caps would restrict fertilizers that make his fields more productive.

“For instance, say that we’re putting out 180-200 units of nitrogen on corn and they tell us you have to cut back to half that, the impact on yield is going to be dramatic,” Ford said.

Both Florida Senators and 18 House members, including Republican Rep. Ileana Ros-Lehtinen and Democrat Rep. Allen Boyd, say the new rules would hurt Florida’s already struggling economy.
 
Sen. George LeMieux calls them “draconian.”

“We already have a very difficult economy,” LeMieux said in an interview outside the Senate floor.  “We don’t need to put up anymore roadblocks that are going to keep people from having jobs. I’m very concerned that this policy would be devastating to the building and construction industry.”

The new rules would require utility companies to re-use all of the wastewater generated in each community, according to Paul Steinbrecher, vice president of an industry coalition that represents utilities and local governments.
 
“I think the cost factor is important and I do think when the citizens of Florida realize this is going to more than double the average water and sewer bill, they’re going to be interested in that,” Steinbrecher said.

But King says clear Florida waters are good for boaters, scuba divers and the state’s recreation industry.

“We think it’ll make it stronger, and it’ll increase its prosperity and we actually think working with farmers and working with the stakeholders,” King said.  “We’re pretty confident that we’re going to be able to find a path through this.”

Public hearings on the new rules begin Tuesday in Tallahassee.  There is another one Thursday in West Palm Beach.
 
EPA officials must finalize the proposal by October.  
 
Ralf Brookes
Ralf Brookes Attorney
www.RalfBrookesAttorney.com  
1217 East Cape Coral Parkway #107
Cape Coral Florida 33904
Phone (239) 910-5464
Fax (866) 341-6086
Ralf@RalfBrookesAttorney.com

Board Certified in City, County and Local Government Law
by The Florida Bar

PLEASE NOTE if you are writing to me in my capacity as a City Attorney: Florida has a broad public records law and all correspondence, including email addresses, may be subject to disclosure.

The Environmental Protection Agency wants to protect water bodies such as Lake Okeechobee.