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In a victory for environmentalists, a federal judge ruled Tuesday that the
Bush administration cannot change the standards commercial fisheries must
meet before the tuna they catch can carry the "dolphin-safe" label.

U.S. District Judge Thelton Henderson found that Commerce Secretary Donald
Evans not only failed to conduct the scientific research required to relax
existing tuna-labeling laws, but engaged in "a pattern of delay and
inattention" to build support for his position.

"The record is replete with evidence that the secretary was influenced by
policy concerns unrelated to the best available scientific evidence,"
Henderson wrote in a strongly worded 51-page opinion. "This court has never,
in its 24 years, reviewed a record of agency action that contained such a
compelling portrait of political meddling."

The Commerce Department wanted to rewrite the 1990 law to allow tuna caught
with nets to be labeled dolphin-safe if observers certified that no dolphins
were killed or seriously injured in the process. Dolphins commonly swim with
schools of tuna, and fisheries in Mexico and South America encircle the
popular mammals with nets to hone in on their prey.

Tuesday's ruling makes permanent an injunction Henderson issued last year
that barred the Commerce Department from implementing the new rules while
the case was pending.

"Judge Henderson's ruling exposes the Bush administration's deceit in
ignoring its own scientists and caving into Mexican demands to allow
dolphin-deadly tuna back into the U.S. with a phony label," said Earth
Island Institute director David Phillips, whose group was one of the
plaintiffs in the suit against Evans.

A U.S. Justice Department spokesman said government attorneys would have to
review the decision and consult with the Commerce Department before deciding
whether to appeal.

In his opinion, Henderson condemned the process the Commerce Department used
to conclude that dolphins would not be harmed if the labeling rules were
relaxed.

The department never made a serious effort to determine if encircling
methods of fishing increased dolphin mortality rates and erroneously
concluded based on limited existing research that they didn't pose a
significant hazard, the judge said.

"Rather than supporting Defendants' position, the record shows an agency
that continued to drag its feet, exercised little diligence, and put
obstacles in its own road," Henderson wrote, adding that Evans' "arbitrary
and capricious" decision was prompted by international trade policy.


-----Original Message-----
From: MO Wild Bird Forum [mailto:[log in to unmask]]On Behalf Of
Charlene and Jim Malone
Sent: Wednesday, August 11, 2004 10:30 AM
To: [log in to unmask]
Subject: Rufous hummer in Wisc.


http://www.birdingonthe.net/mailinglists/WISC.html#1092168841

Different hummers can come during August and September too according to Don
Gorney of IN (he's on the IN Rare bird committee & resident expert)
http://www.birdingonthe.net/mailinglists/INDB.html#1091672176

If IN & Wisc, maybe MO too?

Watch those feeders ever so often.

Think I have 4 individual birds (from watching the hummer battles a few
minutes in the evening) but the feeders are getting drained at a much faster
pace. Probably have many more that come when I am gone or not looking.

Anyone out shorebirding in the St. Louis area??

Good FALL birding,
Charlene Malone
St. Louis co.

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