Rule Challenge Status from Mary Hansen

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diverlynn

diverlynn

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Oct 25, 2006
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E-mail from Taffi

Thanks to all who have contributed!

We have been busting our butts, not to mention our bank accounts on this one. We are making progress but need your help! Please send money for legal fees to Mary Hanson, cc me any amounts sent so I can keep track of who is helping us. We need to keep Mary on a roll.....Taffi
 

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diverlynn

diverlynn

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Oct 25, 2006
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New Update:

Happy Friday, all--

John Brandon, Gary Randolph and I left the second negotiating session with Ryan Wheeler feeling cautiously optimistic that the final rule will be workable and fair. The Project Archaeologist (PA) will be the point person on transitioning from exploration (which will now allow for fairly major excavation) to recovery, and artifacts found during exploration will be part of the eventual division and transfer of title to the salvor. There may be some bumps in the actual road, but the process is rational and a denial can be appealed to an administrative law judge. The PA will not have to be on site every moment, only when "significant" finds are recovered. Buffers have been reduced to 100 yards, not 500, and BAR will not be protecting shipping channels. The bases for suspending or revoking a permit have been clarified. Penalties for violations of the law, the rule or permit conditions will be proportional to the degree of harm caused, whether the violation was willful or negligent, and the cooperativeness of the permittee in resolving the violation. Permit review criteria have been adjusted so they can be objectively applied. The HSSPC/SEAPC language on transfer of title to artifacts will be the basis for improving that section of the rule. All in all, about 90% of our suggested changes should be adopted.

The next step will be for Ryan to revise the Notice of Change. When he submits it for publication, we'll get an advance copy, which will give us 10 days to react if we need to. I'll keep you posted once we review the notice of change.

Folks, take a minute to email your thanks to John and Gary. Their knowledge and persuasiveness made this happen.

Best regards--

Mary
 

ivan salis

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yep -- when bad laws are put up for passage --you gotta kick about em or live by em --these "suggested new rules" rules were totally unworkible to the max -- so folks had to had to kick about it , no choice ---
 

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