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Wednesday, August 26, 2020
Settlement of Oil and Gas Disputes Domestic and International Perspectives free essay sample
They are utilized for various items, notwithstanding filling in as the universes essential fuel source. The procedures and frameworks engaged with creating and disseminating oil and gas are exceptionally mind boggling, capital-serious and require best in class innovation. In spite of the fact that endeavors are being made to create elective wellsprings of vitality the world over, Oil and Gas will no uncertainty remain the biggest fuel in the global vitality advertise for quite a while and interest for the assets will consistently make exchanges and the specialist questions. We as a whole realize that large business implies enormous issues! The focal point of this paper is to feature the kinds of debates which emerge in the Oil and Gas industry, the sort of Dispute Settlement/Resolution systems accessible for settling such questions, issues of purview versus private worldwide law, thought of the empowering instruments and laws and a training manual for starting/guarding oil and gas related suits lastly a thought of the Petroleum Industry Bill. We will compose a custom article test on Settlement of Oil and Gas Disputes: Domestic and International Perspectives or on the other hand any comparable theme explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page 1. Sorts OF DISPUTES IN THE OIL AND GAS INDUSTRY. Questions in the oil and gas area the world over can traverse a scope of topic, including differing parties. A portion of these zones of questions are sketched out as follows: | * International and Local Maritime Boundary Disputes: With the expanded interest for oil and gas and the vulnerability wrapping oil costs as of late, there has been a stamped increment in debates among Countries and furthermore between states inside Countries including issues of regional rights and asset proprietorship. A case of a neighborhood oceanic limit question is that in Attorney-General Rivers State v. Lawyer General, Akwa Ibom State amp; Anor (2011) LPELR-SC. 27/2010, (2011) 8 NWLR (1248) 31. The case included a contest between the legislatures of Rivers State and Akwa Ibom State separately over the portion of 172 seaward oil wells inside the ocean limit shared by the two states. The gatherings had before as per a Political Solution, in a gathering went to by the two states and the Federal Government, arrived at an understanding which was put down into composing and dated 31st October, 2006, that the two states would share the income accumulating from the 172 oil wells at an even extent of half every I. e. 86 oil wells to each gathering. Be that as it may, in 2008 the Nigeria Boundaries Commission (NBC) and Revenue Mobilization Allocation and Fiscal Commission (RMAFC) in the interest of the Federal Government, singularly assigned all the oil wells to Akwa Ibom in accordance with a Historical Solution which had been a type of arrangement proposed in a previous activity in Court (AG Federation V. AG Abia (2002) 6 NWLR (Pt 764) 542) yet which was anyway not allowed as a type of goals by the Supreme Court. It was based on the activity taken by NBC and RMAFC that Rivers State brought an activity under the watchful eye of the Supreme Court. The premise of the choice of the Supreme Court which was supportive of Rivers State was the guideline of estoppel and different standards of law of Contract which were intensely depended upon in the number one spot judgment. | * Disputes emerging from State acts:| | The Government I. e. National Government awards concessions or licenses to nearby and remote financial specialists to lead oil and gas investigation and creation. Be that as it may, with the ongoing flood in oil costs, debates have emerged as government presents estimates, for example, seizure and nationalization, so as to increase some fortune from spikes in the market. Questions likewise emerge from execution of governmentââ¬â¢s rights or approaches under licenses allowed to oil organizations or agreements marked with organizations. A case of the last type of contest is the situation of Nigerian National Petroleum Corporation V. Famfa Oil Limited amp; Anor (2009) LPELR-SC. 178/2008; (2009) 12 NWLR (Pt. 1156) 462 where the Federal Government of Nigeria practiced its entitlement to ââ¬Å"back inâ⬠and re-get taking an interest enthusiasm for an Oil Mining Lease allowed to an indigenous Oil and Gas Company. See additionally The Federal Government of Nigeria amp; Ors V. Zebra Energy Limited (2002) LPELR-SC. 268/2001; (2002) 18 NWLR (Pt. 798) 162. | * Disputes emerging from understandings: Disputes normally crop up among providers and merchants in the downstream market when gatherings are in difference over the amount and the cost at which items are to be provided. An outstanding model in the universal scene remember the contest among Russia and Ukraine for the issue of gas flexibly between these 2 nations. A neighborhood model is the situation of Nigerian National Petroleum Corporation V. Klifco Nigeria Limited (2011) LPELR-SC. 33/2003; (2011)10 NWLR (Pt. 1255) 209, which included a gas flexibly contract between the NNPC and an indigenous Nigerian organization. * Disputes emerging from Constitutional/Statutory interpretation:| Disputes additionally emerge observing Governmentsââ¬â¢ endeavor to execute laws, guidelines and strategies in the division. A. G Federation V. A. G Abia (No 2) 2002 6 NWLR (Pt. 764) 542; Attorney-General Rivers State V. La wyer General, Akwa Ibom State amp; Anor (supra); NNPC v. Famfa (supra). * Disputes emerging from harms cause by oil investigation exercises/remuneration issues: Occurrences of oil spillage and contamination are normal with oil investigation exercises everywhere throughout the world. These types of debate emerge significantly between neighborhood have networks/states or potentially people and National/Multinational oil and gas organizations where investigation exercises happen or where oil and gas pipelines go through. Different neighborhood models incorporate the instances of The Shell Petroleum Development Company Of Nigeria Limited V. Abel Isaiah amp; Ors (2001) LPELR-SC. 75/1997; (2001) 9 NWLR (Pt. 723) 173; SPDC v. Maxon (2001) 9 NWLR (Pt. 719) 541. 2. Gatherings As can be seen from the cases before refered to, as a rule these debates are between:- a. States-A. G Federation v. A. G Abia (No 2) (supra)Attorney-General Rivers State v. Lawyer General, Akwa Ibom State amp; Anor (supra). b. Government and Investors-NNPC v. Famfa (supra), IPCO v. NNPC (FHC/L/CS/1060/2004) c. Host people group and Investors-Nigerian AGIP Oil Ltd v. Kemmer (2001) 8 NWLR (Pt. 716) 511. d. Boss and Employees-Idoniboye Obu v. NNPC (2003) 2 NWLR (Pt. 05) 589; Chukwumah v. Shell (1993) 4 NWLR (Pt. 289) 513. 3. Sorts OF DISPUTE SETTLEMENT MECHANISMS There are a couple of notable groupings or kinds of settlements instruments utilized in the settlement of oil and gas debates. In any case, these orders are a greater amount of illustrative references rather than characterizing what type of settlement of question is conceivable or accessible, gatherings can make their own contest goals systems dependent on their insight and imagi nation infact in America today, they currently talk of ââ¬Å"expert determinationâ⬠. Having expressed the abovementioned, Litigation and Arbitration are presumably the most notable or the customary settlement components utilized in settlement of oil and gas debates anyway others incorporate ADR instruments like Negotiation, Conciliation, Mediation and Mini-preliminary. Anyway the sort of contest settlement instrument received for each situation would rely to a great extent upon the idea of the question or even the gatherings in question. A. Case Litigation can maybe be called one of the two (2) customary and, should I say, significant techniques for question goals in the oil and gas industry. Gatherings regularly resort to suit where the agreement doesn't accommodate a particular method of debate goals. In different occasions, prosecution speaks to the most sensible and plausible alternative accessible to the disputants. Anyway it very well may be costly, tedious, specialized, unduly unwieldy. Nevertheless, prosecution in Court is now and again the main sensible choice open to parties. For instance: a. Purview questions b. Injunctive cases c. Where there is no guard to the case I. e rundown judgment. d. Where the arbitral procedure is being tested: IPCO v. NNPC (supra) B. Intervention This is the other conventional and significant strategy for contest goals. Infact when debates emerge in regard of agreements with remote speculators/parties; there is presently an expanding propensity to allude such questions to goals through International Commercial Arbitration and especially to International Arbitration places everywhere throughout the world. Mediation is a coupling contest goals method including both the gatherings and their legal advisors assuming a functioning job. As a rule, the intervention strategy is chosen at the time the agreement or relationship is made and is practiced preceding the question, by a discretion proviso remembered for the agreement, or by a different understanding between the gatherings likewise before the presence of a contest. The gatherings regularly assume a significant job in choosing their mediator who goes about as the unbiased leader. This procedure permits gatherings to choose people who have the imperative information and experience on the topic of the question. Since mediation is party-driven, the gatherings additionally have the adaptability to characterize the methodology that will be followed, for example, revelation of archives, entries and the introduction of proof, e. t. c. Mediation, when contrasted with case, is typically commonly quicker, more affordable, private, and empowers the leader to concentrate on the subtleties of the question while considering the traditions and practices of the business. Discretion stays increasingly appealing decision in oil and gas contracts particularly in understandings including remote organizations as gatherings are generally careful about submitting to the ward of the other party. C. Arrangement Lawyers routinely haggle a few or all parts of their customers debates. At the point when a contest emerge
Saturday, August 22, 2020
Commonly Confused Words for ESL Students and Classes
Usually Confused Words for ESL Students and Classes Here are probably the most generally befuddled English word sets. They have been picked particularly for ESL students. adjacent to/other than alongside: relational word significance close to, along the edge of Models: I sit adjacent to John in class.Could you get me that book? Its alongside the light. other than: intensifier meaning additionally, too; relational word importance notwithstanding Models: (qualifier) Hes liable for deals, and much more besides.(preposition) Besides tennis, I play soccer and ball. garments/materials garments: something you wear - pants, shirts, pullovers, and so on. Models: One minute, let me change my clothes.Tommy, get your garments on! fabrics: bits of material utilized for cleaning or different purposes. Models: There are a few materials in the storeroom. Utilize those to clean the kitchen.I have a couple of bits of material that I use. dead/passed on dead: descriptive word meaning not alive Models: Shockingly, our canine has been dead for a couple months.Dont contact that flying creature. Its dead. passed on: past tense and past participle of the action word to kick the bucket Models: His granddad passed on two years ago.A number of individuals have kicked the bucket in the mishap. experience/explore experience: thing meaning something that an individual lives through, for example something that somebody encounters. - likewise utilized as an uncountable thing meaning information picked up by accomplishing something Models: (first meaning)His encounters in Germany were fairly depressing.(second meaning) Im apprehensive I dont have a lot of deals understanding. try: thing meaning something that you do to see the outcome. Frequently utilized when talking about researchers and their investigations. Models: They did various trials last week.Dont stress its only an analysis. Im not going to keep my facial hair. felt/fell felt: past tense and past participle of the action word to feel Models: I felt better after I had a decent dinner.He hasnt felt this well for quite a while. fell: past tense of the action word to fall Models: He tumbled from a tree and broke his leg.Unfortunately, I tumbled down and hurt myself. female/ladylike female: the sex of a lady or creature Models: The female of the species is very aggressive.The question female or male methods are you a lady or a man. female: descriptive word portraying a quality or kind of conduct that is viewed as run of the mill for a lady Models: Hes an astounding supervisor with a ladylike intuition.The house was enhanced in a female way. its/its its: possessive determiner like my or your Models: Its shading is red.The hound didnt eat the entirety of its food. its: Short type of it is or it has Models: (it is) Its hard to comprehend him.(it has) Its been quite a while since I had a lager. last/most recent last: descriptor typically meaning last Models: I took the last train to Memphis.This is the last trial of the semester! latest:â adjectiveâ meaning latest or new Models: His most recent book is excellent.Have you seen his most recent composition? lay/lie lay: action word significance to get down level - past tense - laid, past participle - laid Models: He laid his pencil down and tuned in to the teacher.I normally lay my pies on the rack to cool. lie: action word significance to be down - past tense - lay (be cautious!), past participle - lain Models: The young lady lay on the bed asleep.At the occasion, hes lying on the bed. lose/free lose: action word significance to lose Models: I lost my watch!Have you at any point lost anything important? free: descriptor meaning something contrary to tight Models: Your pants are very loose!I need to fix this screw. Its free. male/manly male: the sex of a man or creature Models: The male of the species is very lazy.The question female or male methods are you a lady or a man. masculine:â adjectiveâ describing a quality or type ofâ behaviorâ that is viewed as average for a man Models: Shes an extremely manly woman.His assessments are simply unreasonably manly for me. cost/prize value: thing - what you pay for something. Models: The cost was very cheap.Whats the cost of this book? prize: thing - an honor Models: He won a prize as best actor.Have you at any point won a prize in an opposition? head/standard head: descriptive word meaning the most significant Models: The chief explanation behind my choice was the money.What are the principalâ irregular action words? guideline: a standard (for the most part in science yet additionally concerning ethics) Models: Its the main standard of aerodynamics.He has extremely free standards. very/calm quite:â adverbâ of degree meaning very or rather Models: This test is very difficult.He was very depleted after the long excursion. quiet:â adjectiveâ meaning something contrary to boisterous or uproarious Models: Might you be able to please make an effort to remain quiet?!Shes an exceptionally tranquil young lady. reasonable/delicate reasonable: descriptor significance having sound judgment for example not dumb Models: I wish you would be increasingly reasonable about things.Im apprehensive you arent being entirely reasonable. delicate: modifier importance to feel profoundly or to hurt without any problem Models: You ought to be cautious with David. Hes very sensitive.Mary is a touchy lady. conceal/shadow conceal: insurance from the sun, a dim zone outside on a radiant day. Models: You ought to sit in the shade for a while.Its excessively hot. Im going to discover some shade. shadow: the dim region made by something different on a radiant day. Models: That tree throws an enormous shadow.Have youâ everyâ noticed your shadow getting longer as it gets later in the day? some time/now and then some time: alludes to an inconclusive time later on Models: Lets meet for espresso some time.I dont know when Ill do it - yet I will do it some time. sometimes:â adverb of frequencyâ meaning once in a while Models: He here and there works late.Sometimes, I like eating Chinese food.
Wednesday, August 12, 2020
EA Update App Tracking More
EA Update App Tracking More The Records Office has processed all application components received for EA applicants; the current status of your application is now shown on your MyMIT application tracking. MyMIT Application Tracking This is a good time for you to check up on the status of your application components. The Application Tracking will show what materials we have processed for you. We should have the following: Application Part 1, Application Part 2, Secondary School Report and Transcript, Evaluation A (math or science teacher), Evaluation B (humanities teacher), Testing Requirements (except November scores, which we expect to receive shortly), and, if applicable, Interview Report. What happens if the tracking system is missing something? First, do not worry. We do not assign blame on why we dont have it, we just know that we have not processed it. We will not look at your application unfavorably because it is missing an application component at this time. We will wait a while longer before having it evaluated to give you time to send along another copy. Your complete application will be considered for Early Action. If the tracking system on MyMIT indicates that we are still missing parts of your application, fax your materials to 617-258-8304 as soon as possible, but no later than this Monday, November 23rd. Please allow 48 hours to process your documents. Thank you for your patience. If we are missing an evaluation, the teacher may fax a copy to us. If they need another copy of the evaluation form, you can get a PDF from the tracking system. If you had an interview more than two weeks ago and we havent yet processed it, you should fill out the Conducted Interview form on the MyMIT Application Tracking Detail page. We will follow up with your Educational Counselor. If we have not processed standardized test scores that that you had the testing agency send us, then you may fax us a copy of an official score report. We will follow up with the testing agency. If we are missing your TOEFL scores, make sure the name on your application is exactly the same as it is on your TOEFL registration. If it is not, please send us an email with your TOEFL registration name. I know that the Midyear Report box is sitting there, unchecked. Dont worry about this unless you are deferred from EA to RA. This form will not be made available until well after EA decisions are released. And on that note we have not yet determined on what date we will release EA decisions. It will likely be sometime in mid-December, but you should wait for an official announcement from our office. We have not yet determined when the announcement will be made; it usually is about a week before decisions are released. Bottom line: do not stress if we are missing pieces. It happens every year for reasons usually beyond your control. No worries.
Saturday, May 23, 2020
The War Of The American Civil War - 970 Words
Image Over the course of four years, what would later be called the bloodiest time in U.S. History, approximately 625,000 lives were taken during the American Civil War. Although the individuals who fought and died in both the North and South were arguably against each other politically, economically, socially, and emotionally one main point lost to them was that they had common ground in being a part of a newly formed nation in America. It can be argued that conflict arises in all parts of human nature and with America supporting a population of young men with newly found power and influence after the ratification of the U. S. Constitution it perhaps should not be such a shock that so many lives were lost to not only to war, but disease as emotions of the North and South divided people and stood them against one another. As we look back over history and conflicts as they arise among populations, one central theme of war is the possession of resources from which profit can be made. The areas of the North and South were not immune to this trend and as the divided issue of slavery became more prominent, conflict grew. Between the years of 1854 to 1856, Kansas and events therein played a vital role in the outbreak of civil war. By 1854, Republicans of the North sought to end the forward movement of slavery while the Democrats in the South supported the advancement of slavery west and farther south, thus supporting the Kansas-Nebraska Act, as it went along with their politicalShow MoreRelatedAmerican War And The American Civil War1551 Words à |à 7 Pageswhich then caused the Southern states of America to decide to leave the American Union and create their own Southern Confederacy. This tore our nation apart. The American Civil War had begun and the very people that were once neighbors had each otherâ⠬â¢s blood on their hands. Many American lives had been lost. The American lives lost in the Civil War even exceeded the number of American lives lost during World War I and World War II. We were divided. The North wanted to reunite with the southern statesRead MoreThe War Of The American Civil War1376 Words à |à 6 PagesThe American Civil War was arguably the most important war in the history of the country. The War of Independence may have allowed American to become itsââ¬â¢ own country, but the Civil War resulted in something even more important than that, the end of slavery in the southern states. All of the issues that caused the Civil war were based around slavery, such as statesââ¬â¢ rights that involved how slavery would be handled in each state, and trying to preserve the Union since the south seceded from the northRead MoreThe War Of The American Civil War856 Words à |à 4 PagesSlavery may have been established as the catalyst of the American Civil War, but t he beginning of the dispute began in the time of the Revolution with a weak decentralized government under the Articles of Confederation. Later gained momentum as territorial expansion set Americans against each other on debating whether the new states should be slave states or free states, it questioned the power of the Federal government regarding state rights, and brought about instability in the unity of the UnitedRead MoreThe War Of The American Civil War1618 Words à |à 7 Pages A Civil War is a battle between the same citizens in a country. The American Civil War was fought from 1861 to 1865 to determine the independence for the Confederacy or the survival of the Union. By the time Abraham Lincoln was elected president in 1861, in the mist of 34 states, the constant disagreement caused seven Southern slave states to their independence from the United States and formed the Confederate States of America. The Confederacy, generally known as the South, grew to include elevenRe ad MoreThe War Of The American Civil War991 Words à |à 4 PagesThe American Civil War is known to most as the bloodiest war anyone has ever witnessed. It claimed the life of thousands of Americans and animosity that was built up over several years prior to it can be to blame. Most people think that slavery was the cause of this battle, and although slavery did play a part, it was not the main cause. The biggest roles played in the American Civil War were statesââ¬â¢ rights, unfair bills, feelings of inferiority and threats to economy. The tension started duringRead MoreThe War Of The American Civil War1324 Words à |à 6 PagesThere were many events that led to the cause of one of Americaââ¬â¢s most devastating war, the American Civil War. The American Civil War was an unfortunate war that cost more than the lives of six hundred thousand people. Events such as the Missouri Compromise, Kansas Nebraska Act, Dred Scott Decision, and the Election of Abraham Lincoln resulted in the four yearlong battles between the Northern and Southern states due to social and economic differences on the idea of slavery. In the 19th century,Read MoreThe War Of The American Civil War Essay1472 Words à |à 6 PagesThe American Civil War lasted from April 12, 1861 to May 9, 1865. It was the bloodiest war in American history, killing approximately 620,000 soldiers in total. The War was fought and won by the North, ensuring that all the United States would stay united and slavery would be illegal in The United States. However, history is one of the most complicated things in the world. Itââ¬â¢s also one of the most important things in the world because history is what made the present possible. Historians have debatedRead MoreThe War Of The American Civil War960 Words à |à 4 Pagesslavery even if it meant war caused peace in this nation. Slavery was the vital cause of the American Civil War. The north and the south both had their differences on how to run the country. People in the North believed in unity and that slavery should not exist because ââ¬Å"all men are created equally.â⬠On the o ther hand, the South believed in continuing slavery. People tried to talk it out and come to a middle ground after both sides compromising, however that didnââ¬â¢t work and caused war. Ideological differencesRead MoreThe Civil War And The American War1318 Words à |à 6 PagesThe question of what caused the Civil War is debatable because there are several events that may have influenced the war such as the Western Expansion, Manifest Destiny and the Mexican-American War. The war also stems from slavery, the North and South basically fought over whether or not slavery should be permitted. Another point that may have influenced the Civil War is the economic and social structure of the country, which also falls under slavery because the South main source of income was slaveryRead MoreThe War Of The American Civil War1439 Words à |à 6 PagesWhen the American Civil War began in the spring of 1861, those flocking to enlistment stations in states both north and south chiefly defined their cause as one of preservation. From Maine to Minnesota, young men joined up to preserve the Union. From Virginia to Texas, their future foes on the battlefield enlisted to preserve a social order, a social order at its core built on the institution of slavery and racial superiority . Secession had not been framed by prominent Southerners like Robert Toombs
Tuesday, May 12, 2020
Differientiating Between Market Structures Essay - 1008 Words
Differentiating Between Market Structures Name ECO/365 Date Instructor Differentiating Between Market Structures The airline industry is a competitive market in society today. It is a perfect example of an oligopoly market structure because it is highly concentrated. There are many large players within the industry but only a few that determine the market prices like JetBlue. According to CNN Travel (2013) For the ninth consecutive year, JetBlue Airways ranked first for satisfaction among all North American airlines.â⬠JetBlue is one of the leading organizations in the airline industry. The organization keeps the costs low which has a direct impact on the other organizations. To ensure the demand stays high theâ⬠¦show more contentâ⬠¦Or, when it is around the time of the year when the organizations know consumers will be traveling and he or she will be willing to pay the higher prices. The demand seems to rise during these times but the supply does not change therefore allowing the prices to increase and increase until consumers are no longer willing to pay for it. JetBlue is only one organization out of many that have a direct impact on the prices of airlines travel. The organization is number one because it has made changes to not only the prices but the overall experience to better accommodate the travelers. When an organization has competition like American Airlines or United Airlines it must find ways for it to stand out above the rest. Many consumers think having a cheaper flight makes it the best flight but that is not always the case. Regardless, the oligopoly in the airline industry is fierce and here to stay for a while. Example firm Goods or services produced by the organization Barriers to entry Numbers of firms Firmââ¬â¢s control over price Price elasticity of demand Presence of economic profits in short-run Presence of economic profits in long-run Perfect Competition Natural Gas Marketer Natural Gas There are no barriers to enter the market Many The price is determined by supply and demand. The firm only has control on mark ups Market supply and demand determine the price therefore the price is elastic because the supply
Wednesday, May 6, 2020
Volstead Act Free Essays
The Volstead Act of 1919 was the law that made the sale of alcoholic beverages illegal, supporters of this act thought that this would make the country better as a whole. They said this law would lower crime rates and would increase the health of Americans. This law did the exact opposite of what they expected, overnight this law created a black market that lead to the rise of organized crime. We will write a custom essay sample on Volstead Act or any similar topic only for you Order Now The health of people who drank alcoholic beverages also decreased because there was no quality control in the illegal market. Thousands of Americans were oisoned by the impurities of the illegal Alcohol. These are just some of the reasons why I think that Prohibition was not the best law that we could have come up with. The new laws on alcohol are much better because they do not completely ban the sales of alcohol, they just limit who can buy it and when. This is much better because the drinks are much safer, distilled properly and the percentage of alcoholic contend is controlled. Another reason why this law was not reasonable is because of the time period that it took place in, this was n the middle of the great depression and there could have been many more jobs if they did not ban the sales of alcohol. Prohibition was not a well thought out amendment and next time the people want to ban the sales of something they should consider what will happen after they do. A couple of good thing that ended up coming out of this was they set an age limit on the purchasing and drinking of alcohol, which probably is safer than if they just let people of all ages do it. They have also came up with many good laws for drinking and driving o make the roads safer, and they are starting to make the laws more strict than they already are. Prohibition did the exact opposite of what the people who supported it thought it would do and that is why it only lasted from 1920-1933. This law manufactured bootleggers and many organized crime groups. Although it was not a good law it was probably good in the long run because maybe next time a group of people want to ban the sales of something they will think of the consequences of what will happen if they do. How to cite Volstead Act, Essay examples
Sunday, May 3, 2020
Me, Myself and I free essay sample
Fisheries Northwest Region 1201 NE Lloyd Blvd. , Suite 1100 Portland, OR 97232 From:Wren Lynberg Re:Makah Request for Waiver of MMPA Moratorium Dear Mr. Stone, After carefully reviewing the available background information on the Makah Indian Tribeââ¬â¢s request for a waiver of the Marine Mammal Protection Act (MMPA) moratorium against hunting of gray whales, I believe that the waiver by the Makah peoples should be approved. I agree with the Makah Tribeââ¬â¢s position that their treaty rights, granted to them in the Treaty of Neah Bay (1855), should take precedence over more recently enacted legislation by the United States. Although the treaty should take precedence over the MMPA requirements, the Makah Tribe is making a good faith effort to comply with the federally mandated requirements of the Act. The Makah Indian Tribe has a long history (at least 1500 years) of whaling in the waters of the Pacific Ocean and the Straits of Juan de Fuca. We will write a custom essay sample on Me, Myself, and I or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page This cultural identity is evidenced in their daily life, as well as in substantial archeological material at the Cape Ozette and West Point archeological sites. This whaling culture was so important to the Makah Tribe that they were the only U. S. tribe to insist that they maintained whaling rights and this language was included in their treaty. The tribe is planning on using the whale products exclusively among the tribe members; there is no intent to sell the products for profit. Whaling is, and has always been, integral to these people and these cultural needs should be respected and not held hostage as the U. S. government asserts its political clout over ââ¬Å"modern dayâ⬠business interests. The Makah have already been granted approval from the International Whaling Commission to maintain a subsistence level of whaling for the tribe-specified in the Waiver Request as 20 whales over 5 years and no more than 5 whales per year. This number also reflects the tribeââ¬â¢s historical harvest of the gray whale. The Makah Indian Tribe has already complied, with and agreed to comply with, many burdensome requirements from the IWC, the US legal system and your own agency. They have provided several Environmental Impact Statements with regards to their prospective whaling. They have adopted a tribal Management Plan to deal with concerns specific to which whales were eligible to be hunted (not the PFCA whales) and to address hunt safety issues. The gray whale was removed from the Endangered Species List in 1994. Current population levels are robust enough that allowing the Makah Tribe to pursue their requested ââ¬Å"takeâ⬠of gray whales could not significantly impact the whale population. In fact, enough data exists to suggest that even if all the indigenous peoples (aborigines) on the coast of the Pacific Ocean (Russian and US) hunted to the quota limits allowed by the IWC regulations the gray whale population would still never again be endangered as they were previously when commercial whaling practices decimated them. The tribe has agreed to only hunt in offshore waters. Most commercial whale watching happens within sight of land. Since no hunting will actually occur in the Strait of Juan de Fuca, it is fair to assume there will be little of no impact on the whale watching industry. While the cetaceans are very advanced mammals, there is no proof that the killing of a whale, done in the quantities proposed by the Makah, will change the migratory path of the gray whale. As previously stated, the Makah Tribe has been practicing this type of hunt for over 1500 years and the whales still come twice a year. I believe this argument to be overstated and without any solid proof, more rhetorical than based on fact. The whales will continue to come to the straights and people will continue to be able to watch them in their natural habitat. Even though there have been many emotional pleas to prevent the whaling by the Makah tribe, I am convinced that the Makah have provided sufficient proof of their intent to only perform subsistence whaling and they should be allowed to enjoy their treaty rights as they were originally agreed. The Makah Indian Tribe has worked diligently with NOAA, forming several cooperative agreements with the agency to comply with all the concerns and regulations put in their path. The gray whale population is large enough to absorb the impact of whaling on the scale which the Makah intend to carry it out. I believe it is time to grant this waiver and let the Makah Tribe continue with their whaling activities. Sincerely, W. L. Student
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