Apr 10, 2010

Judgment at Nuremberg

For information on the Justice Trial, the inspiration for the movie, click here: THE JUSTICE TRIAL
 
 
Cast
Actor: Character in the movie: Based (loosely) on:
Spencer Tracy Judge Dan Haywood
Burt Lancaster Ernst Janning Judge Franz Schlegelberger
Richard Widmark Colonel Ted Lawson General Telford Taylor
Marlene Dietrich Madame Bertholt
Maximilian Schell Hans Rolfe
Judy Garland Irene Hoffman Seiler
Montgomery Clift Rudolph Peterson
William Shatner Captain Byers
Edward Binns Senator Burkette
Kenneth MacKenna Judge Kenneth Norris
Werner Klemperer Emil Hahn Judge Oswald Rothaug
Alan Baxter General Merrin
Torben Meyer Werner Lammpe



with Ray Teal, Martin Brandt, Virginia Christine, Ben Wright, Joseph Bernard, John Wengraf, Karl Swenson, Howard Caine, Otto Waldis, Olga Fabian,
Sheila Bromley, Bernard Kates, Jana Taylor, Paul Busch
 
Produced and Directed by: Stanley Kramer
Associate Producer: Philip Langner
Written by: Abby Mann
Music: Ernest Gold
Photography: Ernest Laszlo
Editor: Frederick Knudston
Art Direction: Rudolph Sternad, George Milo
Released: December 1961
Released through United Artists 


Synopsis
The movie opens with scenes of Nuremberg, Germany, 1948. The destruction of the war is evident everywhere. Judge Haywood is driven through the wasted buildings.  Judge Hayward is in Nuremberg, along with two other judges, to preside over the trial of Ministry of Justice officials for their complicity in the holocaust.
In its opening statement, the Prosecution calls these officials to account not for violation of due process or other constitutional violations but for murder, brutalities, torture, and atrocities committed during the Third Reich. The Prosecution contends that the defendants cannot claim ignorance--they should have known better. Unlike the unsophisticated or the many young people who were coopted into Nazism during the rise of Hitler, these men were already educated adults when the Nazis came into power.
In the defense counsel's opening statement he states that the purpose of this trial is the re-consecration of the temple of justice and reestablishment of the code of justice.  He calls for a clear, honest evaluation of the charges brought by the prosecution and argues that judges do not make the laws, they carry them out.  He argues that the love of country led to an attitude of "my country right or wrong."  Disobedience to the Fuehrer would have been choice between patriotism and treason for the judges. Finally the defense argues that not only are the justices on trial, so are the German people.
Judge Haywood wanted Viemar Constitution and Janning's books to review.  He walks around town to think and get a feel for the place.  He goes to the auditorium where the Nazis used to have their giant rallies and seems to hear the echos of the not too distant past when the place was full of cheering German citizens.
One of the more dramatic portions of the film centers around Judge Janning's performance during the Feldenstein case (in real life, the  Katzenberger case). Fedlenstein was charged with race mixing, of having relations with an Aryan, Irene Hoffman.  The trial was to be used as a showcase for National Socialism.  Emil Hahn had been the prosecutor and he was determined to find Feldenstein guilty despite evidence that he had merely been a family friend to Irene Hoffman.  Hahn had told Irene that it was no use to deny having relations. That if she protected Feldenstein she would be arrested for perjury. She said she couldn't lie and was arrested. She said that Emil Hahn mocked Feldenstein, ridiculed him.  Janning had been the presiding judge and he took no action to prevent the injustice.  He had been the only hope for the defense since he had a reputation for being fair.  Feldenstein was found guiltly and executed.
Prosecutor Lawson submitted documents by which the judges and prosecutors had sent thousands to their deaths.  A film was shown.  Maps were shown of concentration camps.  Prisoners and dead bodies were shown to the court.  Later, talking among themselves, some of the Nazi judges expressed disbelief in the magnitude of the Holocaust.  Emil Hahn was angered at being made to watch these films since he felt that he and the other defendants were not responsible.
A friend that Judge Haywood makes among the Nuremberg citizens, Mrs. Bertholt, talks to the judge about the war and that most Germans didn't know what was happening.  The scene then focuses on Germans singing in a bar.  The message is that the German people are ready to forget.
Defense counsel speaks to the content of the films shown the previous day.  He states that there is no justification for what happened, but, that it was wrong and unfair to show such films in court against these defendants.  He claims that the extremists are responsible, not the defendants.  He says that very few Germans knew what was going on.  He claimed that the defendants stayed in their positions to keep things from getting worse. 

The defense then calls Irene Hoffman.  Counsel asks if she was aware of the Nuremberg Laws?  Was she aware that physical
relationships with Jews were forbidden?  In this unseemly portion of the defense, the defense counsel tries to portray Irene Hoffman as a law breaker and Judge Janning as merely doing his duty.  The hypocrisy is evident and seems to bother even defense counsel Rolfe.  Yet he continues to badger Irene, trying to break her down, to show that she did in fact have an affair with Feldenstein.  Janning interrupts him and stops him from continuing.
The next day Janning testifies about the Feldenstien case.  He tells that there was fear in the country.  That Hitler told the people to lift their heads.  That once the gypsies, jews, and others were destroyed all would be well.
Why did the educated stand aside? Because they loved their country.  Afterward, they could change and go back to law.  But, what was going to be a passing phase became a way of life.  Janning was content to sit by during his trial until he realized the same arguments were being used in this trial in his defense that had been used in the Feldenstien trial.  Janning denies that Germans were unaware of the exterminations.  He says that all were aware of what was going on, maybe not the details, but only because they did not want to know the details.
When the Tribunal renders judgment, all are found guilty and all receive life imprisionment.  Judge Hayward affirms the value of a single human life, and the responsibility of the justices, and by implication the German people, for their actions and inaction.
Judge Hayward later talks to Janning in his cell.  Janning tells Judge Hayward that he truly didn't know, that he didnt know that it would come to the mass executions.  In a powerful moment, Judge Hayward tells him that it "came to it" the first time Janning signed the order for the execution of a man he knew was innnocent.
The movie had an unusual undertone.  Judge Haywood gives us the uneasy feeling that the German people never really came to terms with their guilt.  That the need to forget was never truly preceded by an analysis and acknowledgement of guilt.  This movie makes the point that Germany, at the time of the movie was made, was moving "beyond" the war a little too fast, and was doing so with the help of the US and other allies because of the cold war.

Some Reviews
Judgment at Nuremberg
 Title: Judgment at Nuremberg
 Language: English
 Type: Docu-Drama
 Length: 178 minutes
 Year: 1961
 Cast: Spencer Tracy (Judge Dan Haywood), Burt Lancaster (Ernst
 Janning), Marlene Dietrich (Madame Bertholt), Judy Garland (Irene
 Hoffman), William Shatner (Captain Byers)
 Overview:
 The trial of four men who were judges in Nazi Germany questions the
 involvement and responsibility of men who are figures of justice in following
 and enforcing laws that are obviously unjust. Also, this movie confronts the
 changing feelings toward Germany after the war - from enemy to friend.
Source:  The Holocaust Site at About.com
http://holocaust.miningco.com/education/holocaust/library/films/blfjudgment.htm

Judgment at Nuremberg
United Artists/Roxlom, 1961 (BW, 190 minutes)
An American Judge at the Nuremberg war trials is faced with the issue of how much responsibility and guilt an individual must bear for crimes committed or condoned by him on the order of, and in the interest of, the State.
Judgment at Nuremberg is an unsettling account of the war crimes committed in
Germany during World War II, especially in the concentration camps. The script is
based on true events which actually unfolded at the Nuremberg trials when the
world first learned of the atrocities. The film also delves very deeply into the ethics
of assigning war crimes responsibility to individuals, and contains actual footage
from German concentration camps which is as disturbing today as it was in 1961.
Source:  http://www.zianet.com/jjohnson/judgment.htm


Judgment at Nuremberg
This far-reaching examination of Nazism and its motivations is overlong, to be sure, but Stanley Kramer's thoughtful film demands a broad canvas. Essentially a fictionalized look at the famed Nuremberg trials that came at the conclusion of World War II, this picture finds its achievement in the details. From Abby Mann's smart, Academy Award-winning script to a series of excellent ensemble performances that nearly outdo each other, the movie burns itself into our imagination. Maximilian Schell, as a lawyer vainly attempting to defend the Nazis, won the Best Actor Oscar for his efforts, but Spencer Tracy, playing a world-weary judge, is just as brilliant. Montgomery Clift, portraying a half-witted former concentration-camp inmate, gives the performance of a lifetime, and Judy Garland emerges as touchingly vulnerable, too. But it's Burt Lancaster, playing totally against type, who soars the highest.
 
 
--David Mermelstein
Richard Widmark(Actor)
William Shatner(Actor)
Judy Garland(Actress)
Burt Lancaster(Actor)
Maximilian Schell(Actor)
Marlene Dietrich(Actor)
Spencer Tracy(Actor)
Montgomery Clift(Actor)

Polish president plane crash: the plane

Poland's president Lech Kaczynski was flying from Warsaw to Smolensk in Russia when his plane crashed. 

The wreckage of a Polish government Tupolev Tu-154 aircraft that crashed near Smolensk airport: Polish President's plane crash: the plane
The plane came down a mile away from Smolensk airport, 220 miles south of Moscow Photo: REUTERS
Mr Kaczynski and his colleagues were flying in a Tupolev Tu-154 when it crashed on approaching the airport.
The plane came down a mile away from Smolensk airport, 220 miles south of Moscow, in foggy conditions. The Tupolev Tu-154 is described as the 'workhorse' of the Soviet airlines for decades, and aviation experts say it has a reasonable safety record for the amount of aircraft in use.
“The 154 is by a wide margin the most successful jet ever built by a communist economic system,” said Richard Aboulafia, vice president at Teal Group, a Virginia-based consultant.
“It was created at the height of the old Soviet Union’s ability to invent equipment that at least approximated the achievements of the West. The real problem is regulatory oversight in many of the regions where it’s used. Corruption and neglect almost guarantee trouble.”
The Tu-154 has a fatal accident every 431,200 flights, according to London-based aviation consultant Ascend. The Boeing 737, the world’s best-selling passenger plane, crashes every 2.68 million flights.
The planes can hold between 114 and 180 passengers, and are designed for heavy use in demanding conditions. Design criteria included the ability to operate from gravel or packed earth airfields, to be able to fly at high altitudes above most Soviet Union air traffic, and good field performance in Arctic conditions.
The plane was designed in the mid 1960s, and was Aeroflot's standard craft from the early 1970s until this year.
In January 2010 the Russian national carrier announced the retirement of its Tupolev Tu-154 fleet after 40 years of service, but the plane remains the standard airliner for routes across the former Soviet Union and in Eastern Europe and Iran.
In July last year, a Tu-154 crashed in Iran, killing 168 people. It was the eight fatal incident involving a Tu-154 in ten years.

 

Polish president Lech Kaczynski: a profile

Polish president Lech Kaczynski is feared dead after his plane crashed while travelling to Russia. 

agreements signed last summer Photo: AP

The Smolensk plane crash brings to an end the life of one of the dominant forces of Polish politics.
Lech Kaczynski, as either president or party politician, stamped his name on the Polish political scene to become one of the most influential and powerful men in the country, earning a reputation for being a sharp and shrewd political operator.
He was also a man happy to court controversy.
Exhibiting a prickly sense of nationalism that brought him into frequent conflict with Donald Tusk, the prime minister, the 60-year-old president also faced accusations of siding with his identical twin brother Jaroslaw, the leader of Poland's main opposition party, to foil the government's reform programme.
Along with his twin, President Kaczynski cut his political teeth by joining Lech Walesa's Solidarity trade union in the fight against communism. With the fall of the socialist state in 1989 he briefly served in the office of then president Lech Walesa, before Mr Walesa fired him.
His sacking sparked a long and bitter battle with the former Solidarity leader that tainted the rest of Lech Kaczynski's political career. He became convinced that the Nobel Prize winner had, by striking an agreement with Poland's last communist government, sold out the Solidarity revolution, and allowed elements of the socialist state's security apparatus to live on.

It was the belief that Poland needed to clean its house of the remnants of communism that led to Lech and Jaroslaw Kaczynski to form the Law and Justice Party in 2001. Along with trumpeting a socially conservative agenda, the party promised to crack down on corruption and purge Poland of the unwanted traces of the socialist state.
After serving as mayor of Warsaw for three years, in October 2005 Lech Kaczynski triumphed in presidential elections to become Poland's head of state. When Law and Justice won the Polish general election a month later, ushering Jaroslaw into the prime minister's office, Poland found itself in the unusual situation being run by identical twins.
In an attempt to downplay the fact that twins occupied the two most powerful posts in Polish politics, Lech and Jaroslaw, who many had trouble telling apart, were rarely seen together in public, and bridled when people referred to them as a single political entity rather than individuals.
After Law and Justice was defeated in general elections in 2007, President Kaczynski found himself in a bitter battle with Donald Tusk, the new prime minister. A series of very public clashes between the two men over who controlled Polish foreign policy prompted the prime minister to suggest changes to the Polish constitution to limit presidential power.
The government also complained of President Kaczynski's frequent use of the presidential veto, which stalled a series of key reform programmes.
President Kaczynski was due to fight for re-election this year in October.

 

Poland in shock as president dies in air crash

The Polish president Lech Kaczynski died after his plane crashed as it approached a Russian airport, killing 130 people.

 
Lech Kaczynski
Lech Kaczynski became the president of Poland in December 2005 Photo: AP
President Lech Kaczynski was travelling with his wife from Warsaw to Smolensk airport, 220 miles southwest of Moscow, when his plane crashed in thick fog.
Poland was left stunned by the news that their president, his wife, and a whole tier of the Polish elite had been killed.
A television newsreader fought back tears as she relayed the news that the head of the Polish army and the head of the presidential administration were also on board the plane, along with the president's wife and families of other senior officials.
The plane was also carrying the governor of Poland's central bank, Slawomir Skrzypek.
Sergei Antufiev, the regional governor of the Smolensk, said that everyone on board had been killed.
"It clipped the tops of the trees, crashed down and broke into pieces," Mr Antufiev, told Russia-24 television news network by telephone. "There were no survivors." Polish state news agency PAP also said there were no survivors.
William Hague, shadow foreign minister, wrote on Twitter: "Very sad this morning about the death of Lech Kaczynski in a plane crash – a brave man who was interned by the Communists for his beliefs."
Mr Kaczynski, 60, had been president since December 2005. He was married with one daughter.
Mr Kaczynski had been flying to Katyn, near Smolensk, to commemorate Russian and Polish victims of Soviet leader Josef Stalin.
Thousands of Polish prisoners of war and intellectuals were murdered at Katyn by Soviet forces in spring 1940 in an enduring symbol for Poles of their suffering under Soviet rule.
Families of those killed at Katyn were also on board the plane, the Polish government official at the airport said.
In the case of a president's death, the speaker of the lower chamber of parliament, Bronislaw Komorowski, takes over as head of state, Mr Komorowski's assistant Jerzy Smolinski told Reuters.
Conditions around the airport were described as foggy when the Tupolev Tu-154 came down a mile from the airport.

Polish president Lech Kaczynski killed in plane crash

All 96 passengers on board, including top Polish officials, killed after crashing in thick fog trying to land in west Russia
Lech Kaczynski
The Polish president, Lech Kaczynski, was among 132 people killed when their plane crashed in Smolensk, west Russia. Photograph: Tomasz Gzell/EPA
The Polish president, Lech Kaczynski, and his wife were among 96 people killed when their plane crashed in thick fog on its approach to a regional airport in Russia early this morning.
The governor of the west Russian town of Smolensk confirmed there were no survivors from the Tupulov Tu-154 plane, which came down at 11am (7am GMT) about a mile (1.5km) from Smolensk airport.
"The Polish presidential plane did not make it to the runway while landing. Tentative findings indicate that it hit the treetops and fell apart. Nobody has survived the disaster," Smolensk governor Sergei Anufriev told the Russia 24 news channel.
The Polish government will hold an emergency meeting later today. Officials said the head of the Polish army, the governor of the central bank and the head of the presidential administration were also on board the plane, as well as the families of other senior officials.
"The plane caught fire after the crash," said a Polish foreign ministry spokesman in Warsaw. "Teams began attempting to pull out passengers from the badly damaged airplane."
The pilot was told Smolensk airport was closed because of thick fog, according to the news agency Interfax. He was offered a choice of landing instead at either Moscow or Minsk, the capital of Belarus, but decided to continue with the original flight plan to Smolensk.
The pilot made three unsuccessful attempts to land before the crash. On the fourth try the plane fell apart, Interfax said, citing officials at Smolensk's interior ministry.
Russia's foreign ministry confirmed the cause of the air catastrophe was bad weather. "According to provisional information the crash happened because the plane failed to land at the military airport near Smolensk in conditions of severe fog," one official said.
Kaczynski was visiting Smolensk to commemorate the 70th anniversary of the Katyn massacre, which took place in forests outside the town. The massacre of Polish officers by Russian secret police was one of the most notorious incidents of the second world war, and has long been a source of tension between Warsaw and Moscow.
On Wednesday, Poland's prime minister Donald Tusk attended a joint ceremony at Katyn with his Russian counterpart Vladimir Putin. Kaczynski, who had poor relations with the Kremlin, was making a separate trip to the spot.
Russia's president Dmitry Medvedev said that Putin would head a special commission to investigate Kaczynski's death and the circumstances of the crash. The emergency services minister Sergei Shoigu was also rushing to the scene via Severny airport, about 275 miles west of Moscow, on Medvedev's instruction, Interfax reported.

Polish president killed in plane crash

(CNN) -- Polish President Lech Kaczynski was killed early Saturday when the plane he was traveling in with his wife and a Polish delegation crashed at a western Russian airport, according to the Russian regional governor.
"There are no survivors," said Smolensk Governor Sergey Antufyev, according to his spokesman.
A spokesman for Poland's Foreign Ministry, Piotr Paszkowski, said earlier that it was probable that everyone on board was killed.
The numbers varied on how many people were on board the plane. The Polish Foreign Ministry said 89 people died in the crash. The Russian Investigation Committee put the number at 132.
President Kaczynski, 60, had been traveling with a Polish delegation to Russia for the 70th anniversary of the massacre of Polish prisoners of war in the village of Katyn. Some 20,000 Polish officers were executed there during World War II.

The plane was approaching the airport at Smolensk, Russia -- just a few miles east of Katyn -- and probably hit some trees at the end of the runway, Paszkowski said.
The Investigation Committee of the Russian prosecutor's office said the plane, a Tupolev-154, was trying to land in heavy fog.
Pictures from the scene showed parts of the airplane charred and strewn through a wooded area. Some pieces, including one of the wheel wells, were upside-down.
The crash happened around 10:50 a.m. (2:50 a.m. ET) on the outskirts of the town of Pechorsk, just outside of Smolensk, the Investigation Committee said.
Kaczynski had been president since December 2005 after he defeated rival Donald Tusk in the second round of voting. Tusk is currently prime minister.
Crowds gathered at the presidential palace in Warsaw to lay flowers and light candles for the president, whose death raises questions for Poland's government.
"Everything has changed today," said Jan Mikruta, a reporter for TV Polsat.
Tusk and Polish cabinet ministers were holding a special meeting Saturday morning to discuss the situation, said a spokeswoman for the Polish Parliament, who declined to be named because she was not authorized to speak publicly.
Under Polish law, if something happens to the president, leadership transfers to the Parliament speaker, who is Bronislaw Komorowski, the spokeswoman said.
She said more information would come out after the meeting.
"There is going to be a huge gap in public life in Poland," said resident Magdalena Hendrysiak. "The most important people are dead."
At the same time, Hendrysiak said, the president's death may have a unifying effect.
"I think it will be one of those situations that no one will care about their political preferences," she told CNN. "I think we're going to end up as pretty united in the face of such a tragedy."
Condolences poured in from around the world Saturday, including from British Prime Minister Gordon Brown, who was campaigning in Scotland.
Brown praised the contributions Kaczynski had made to Polish independence.
"This is a horrible tragedy," said Philip Crowley, the U.S. assistant secretary for public affairs. "We extend to the people of Poland our deepest condolences."
French President Nicolas Sarkozy said he learned of Kaczynski's death with "great emotion and a deep sadness" and expressed his sympathy to the families of the president and other victims.
Afghan President Hamid Karzai also expressed his condolences, as did the chairman of the Organization for Security and Cooperation in Europe.
"I offer my deepest condolences to the Polish people and to the families of those killed in this tragic accident. Our hearts go out to you in this difficult time," said OSCE Chairman Kaunat Saudabayev, who is also the secretary of state and foreign minister of Kazakhstan.
A partial list of those killed was published on the Web site of President Lech Kaczynski's Law and Justice Party:
Lech Kaczysnki -- Polish president
Maria Kaczynska -- The president's wife
Ryszard Kaczorowski -- Poland's last president-in-exile
Aleksander Szczyglo -- head of the National Security Office
Pawel Wypych -- presidential aide
Mariusz Handzlik -- presidential aide
Jerzy Szmajdzinski -- deputy parliament speaker
Andrzej Kremer -- Deputy Foreign Minister
Gen. Franciszek Gagor -- head of the army chief of staff
Andrzej Przewoznik -- minister in charge of WWII memorials
Slawomir Skrzypek -- head of the National Bank of Poland
Janusz Kurtyka -- head of the National Remembrance Institute
Przemyslaw Gosiewski -- lawmaker
Zbigniew Wassermann -- lawmaker
Grzegorz Dolniak -- lawmaker
Janusz Kochanowski -- civil rights commissioner
Bishop Tadeusz Ploski -- army chaplain

4 missing W. Virginia miners found dead

Rescue crews at a West Virginia coal mine have found no more survivors, and all 29 workers trapped in an explosion are confirmed dead, officials said early Saturday.
Families, colleagues and officials had been holding out hope that four unaccounted for miners might be found alive inside one of the mine's safety chambers, but rescuers who checked those shelters Friday found neither had been activated, state Gov. Joe Manchin confirmed at a briefing.
“None of the chambers had been deployed, and none of our miners suffered, so this journey has ended, and now the healing has started,” Manchin said.
“We made sure that we have a total count for every miner that was in that mine. The bodies of our miners were found.”
In the immediate aftermath of Monday's explosion at the Upper Big Branch-South mine, it was known that 25 workers had died, while the status of the other four was unknown. Rescuers spent the next five days attempting to get underground to search for the men, hoping that they had taken refuge in one of the survival chambers.
The first two rescue attempts were aborted when crews encountered dangerously high levels of carbon dioxide and explosive methane in the mine. Workers spent several days drilling vent holes underground to release the gases.
Crews re-entered the mine, about 50 kilometres south of Charleston, W. Va., around 1 a.m. ET Friday. They were able to check one airtight chamber for survivors, but the chamber was empty.
The crews moved through a shaft to try to reach a second chamber, but they were forced to retreat when they saw smoke and signs of a fire somewhere in the mine.
When they reached the second chamber late Friday night, they discovered it, too, had not been activated.
The bodies of the four missing miners were found “exactly where we thought” they might be, Manchin said.

Safety officials investigate

U.S. President Barack Obama has asked federal mine safety officials to report next week on what caused the deadly blast.
The mine is operated by Performance Coal Co., a subsidiary of Virginia-based Massey Energy Co., the fourth-largest coal mining company in the United States. Over the past year, Massey Energy was fined $329,000 US for several serious violations involving its ventilation plan and equipment at the Upper Big Branch Mine.
On the day of the blast, the Mine Safety and Health Administration cited the mine for two safety violations: one involving inadequate maps of escape routes, the other concerning an improper splice of electrical cable. However, Stricklin said those violations had nothing to do with the explosion.
On Thursday, Massey CEO Don Blankenship continued to defend his company's record and disputed accusations from miners that he puts coal profits ahead of safety.
But in an interview last June for the web series Focus Washington that surfaced this week, Blankenship said that “so many of the laws” on mine safety are “nonsensical from an engineering or coal mining perspective.”
“A lot of the politicians, they get emotional, as does the public, about the most recent accident, and it's easy to get laws on the books,” he continued.
Blankenship's stance provoked a firm rebuke from Cecil Roberts, president of the United Mine Workers of America union, which doesn't represent any employees at the Upper Big Branch Mine.
“I've seen where Massey's CEO, Don Blankenship, equates criticizing his or Massey's safety record to being against coal and coal jobs,” Roberts said in a statement. “I'm here to tell Don that's bull.”
Roberts added that his union has tallied 45 deaths — not including the four miners whose bodies were only found Saturday — at Massey-owned mines in the last 11 years.
“No other coal operator even comes close to that fatality rate during that time frame,” Roberts said. “That demands a serious and immediate investigation by MSHA and by Congress.”
The death toll of 29 in Monday's blast is the worst U.S. coal mining catastrophe since a 1970 explosion killed 38 in Hyden, Ky.
CBC News

Missing West Virginia miners found dead, blast toll at 29

MONTCOAL, West Virginia (Reuters) – Four missing West Virginia coal miners were found dead early on Saturday, nearly five days after an explosion killed 25 others in the worst U.S. mining disaster in nearly four decades.
The four bodies were found in an area of the Massey Energy mine briefly searched after the blast on Monday but were missed by rescuers amid heavy smoke, Kevin Stricklin of the U.S. Mine Safety and Health Administration told reporters.
Rescue teams found the miners on their fourth attempt after earlier efforts were thwarted by thick smoke, fire and an explosive build-up of methane, carbon monoxide and hydrogen.
Rescuers had hoped the miners made it to a refuge chamber stocked with food, water and oxygen at the Upper Big Branch mine, 30 miles south of the state capital Charleston.
"We did not get the miracle we prayed for," an emotional West Virginia Governor Joe Manchin told a news briefing.
With a death toll of 29, the West Virginia disaster is the deadliest U.S. mine accident in nearly 40 years. In 1972, 125 people died after a dam broke at Buffalo Mining Company in Saunders, West Virginia, and, in 1970, 38 miners died after an explosion at Finley Coal Company in Hyden, Kentucky.
Only seven bodies were recovered on Monday and the first funerals were held on Friday. Stricklin said efforts were now underway to recover the remaining 22 bodies, many of which would have to be carried out by rescuers.
Stricklin said all of the miners most likely died in the initial explosion and that "the only good thing that will come out of this" would be additional education and regulation to ensure such a disaster doesn't happen again.
During the painstaking rescue effort boreholes were drilled 1,100 feet into the mine for ventilation and then nitrogen pumped into the mine to neutralize the threat of an explosion and extinguish the fire.
Efforts to drill a borehole and lower a remote camera into the mine failed when the drill struck an underground pillar.
"We remained hopeful the four missing miners would have been found alive," said Massey Chief Executive Don Blankenship. "I personally met with many of the families throughout the week and share their grief at this very painful time."
OBAMA OFFERS CONDOLENCES
At the White House on Friday, President Barack Obama offered condolences to victims' families and said more needed to be done to improve the safety of the U.S. mining industry.
He has ordered mine safety officials to report next week on the explosion, the mine's safety record and what steps the government could take to prevent further disasters.
"It's a profession that's not without risks and danger and the workers and their families know that," he said.
"But their government and their employer know that they owe it to these families to do everything possible to ensure their safety when they go to work each day," he said.
Obama spoke about miner Tim Davis, and his nephews, Josh and Cory, who were killed and whose bodies were found together. Before he left for work on the day of the blast, Josh wrote a letter for his girlfriend and young daughter, Obama said.
"In it he said: 'If anything happens to me, I will be looking down from heaven at you all. I love you. Take care of my baby, tell her that Daddy loves her, she's beautiful, she's funny. Just take care of my baby girl,'" he said.
Questions have risen about safety at Massey, the largest coal producer in the Central Appalachia mountain region. The company has defended its record, saying its accident rate hit an all-time low in 2009 and that suggestions that the explosion was due to a disregard for safety were "completely unfounded."
It said its lost-time incident rate had been better than the industry average for 17 of the past 19 years.
Massey told shareholders in a public letter it planned to reopen the mine "at some point in the future," and in the meantime would increase production at its other mines and put Upper Big Branch miners back to work.
Shares of Massey closed up about 1 percent on the New York Stock Exchange on Friday after losing more than 10 percent since the accident. Analysts predict the company will see long-term financial health.
Federal records show Upper Big Branch had three fatalities since 1998, a worse-than-average injury rate in the past 10 years and was cited for more than 100 safety violations this year. Massey said Upper Big Branch's violation rate was "consistent with national averages."
By Joe Rauch

Could rescue chambers have saved West Virginia miners?

Mine rescue chambers have been required since 2006, even though federal authorities could have required them as far back as 1969. But it's still unclear whether miners in this week's explosion in West Virginia could have reached the chambers.

Chicago
Monday’s explosion at a West Virginia coal mine is becoming a possible test case for the benefit of rescue chambers, which federal legislators mandated all mine operators have installed four years ago to save lives underground in case disaster strikes.
“Mines in this country really haven’t been tested. This is the first test where chambers had been installed,” says Patrick McGinley, a professor of law at West Virginia University who enforced mine safety laws in Pennsylvania as a former special assistant attorney general.

Rescue workers at the Upper Big Branch South Mine in Whitesville have been trying all week to reach two such chambers with hopes of saving four missing miners. An explosion Monday afternoon killed 25 miners and hospitalized two others, in what is considered the worst mining disaster in 25 years.
IN PICTURES: West Virginia mine explosion
The chambers are airtight safe houses that provide four days of clean air for up to 15 people, as well as a supply of food and water, communication and toilet facilities. They are located within 1,000 feet of worker areas and are spaced no more than 30 minutes apart.
Rescue crews were within 500 feet of one chamber Thursday but were ordered back when it was discovered the air was contaminated with high levels of carbon monoxide, methane, and hydrogen gases. A second attempt Friday was similarly stalled due to a fire underway near the chamber.
However, officials from the US Mine Safety and Health Administration (MSHA) said it was determined the first chamber was not deployed and a camera was inserted into the mine to find out the status of the second chamber.

'A sliver of hope'

“We’ve all got one opportunity, a sliver of hope, a miracle if you will, if the other chamber has been deployed, then we have chance,” Kevin Stricklin, a MSHA official, said Friday.

Rescue chambers were not required in mines until the 2006 Mine Improvement and New Emergency Response Act (MINER), a federal mandate that firmed up safety measures in mines as well as emergency response measures such as wireless tracking systems, clearly marked escape routes, and self-rescuing breathing devices.

But safety advocates in the mining industry complain that MSHA was given full authority to require mine operators to install rescue chambers as far back as 1969 when Congress passed the Federal Coal Mine Health and Safety Act, considered a landmark piece of legislation in how comprehensive it was in dealing with safety and health issues. A provision in the law gave MSHA permission to enforce the use of the chambers, but did not rule it mandatory.

 Mr. McGinley of West Virginia University says since then, the issue of refuge chambers “was ignored by administration after administration.”

Coal industry authorities had long argued the chambers were unnecessary because it hadn’t been proved that they would work; they also made the argument that determining methods of escaping the mines should be the single priority for all emergency measures and funding.
“MSHA had the authority and the power to require them but they didn’t,” says McGinley. “I attribute that to simply the political and economic power of the coal industry that the industry argued they wouldn’t work, they weren’t economical and the whole concept got lost over time.”
The chambers have since become standard in mines around the world and are considered responsible for saving the lives of nickel miners in Australia and potassium chloride miners in Canada.

Sago disaster forced new mine safety measures

For the US to make them law it took the 2006 mine disaster in Sago, W. Va. that killed 13 miners, a tragedy that forced the passage of the MINER act.

“After Sago it became clear that if [there had been] a refuge chamber, those guys could have gotten in there and survived,” says Larry Grayson a former engineer for Kennedy Metal Products, Inc., which produces one of four chambers approved by the West Virginia Office of Miners’ Health, Safety and Training in 2007.

The legislation provided a safer alternative for miners trapped below ground, says Phil Smith, director of communications for the United Mine Workers of America, in Triangle, Va.

“Prior to the mandate they were taught to build barricades using a ventilation curtain and seal it as best they can and sit there with oxygen units and wait. The problem with that … is that those oxygen units only lasted an hour,” he says.

Mr. Grayson, an engineering professor at Pennsylvania State University and a former mine supervisor, says rescue chambers are designed for workers to reach far from an explosion, but in the Monday incident “they were hit immediately and didn’t have time to travel to the refuge chamber within 1,000 feet.”

He says it is likely that because the explosion was “sudden and violent,” there is little chance the missing miners reached the chamber. That’s why he says, “this will prove not to be a test case at all.”

“Unless we find these guys got into one. In that case, we’ll find out,” he says.

4 missing West Virginia miners found dead

Naoma, West Virginia (CNN) -- Days of rescue efforts came to a grim end after crews found the bodies of four miners who had been missing since an explosion almost a week ago in a West Virginia mine, authorities said early Saturday.
"We did not receive the miracle we prayed for," said West Virginia Gov. Joe Manchin. "This journey has ended and now the healing will start."
Authorities first notified the families of the four miners about their fate before revealing it to the media.
The death toll from Monday's blast at the Upper Big Branch mine now stands at 29, making it the worst mining disaster in the United States in nearly four decades.

On Friday, crews had reached a refuge chamber that had not been used, but the bad air forced them to evacuate before they reached the second chamber.
The airtight chambers were stocked with enough food, water and air to keep 15 miners alive for four days, but Manchin said none of the chambers had been deployed.
Rescue efforts have now turned to the difficult task of recovery, said Kevin Stricklin, of the U.S. Mine Safety and Health Administration (MSHA).
Of the 29 dead, the bodies of 22 still remain inside the mine. Stricklin said most of them will have to be hand-carried out because of the lack of equipment.
"It's hard to turn a rescue into a recovery with the same group of people," he said.
As days of rescue came to an end, funerals were held Friday for some of the seven dead whose bodies have been removed from the mine.
At the funeral for Benny Willingham, the Rev. Gary Pollard said the 61-year-old miner had three loves in life: God, his family and his job. "He loved God so much that every day was a holiday, every meal was a buffet," Pollard said at Mullens Pentecostal Holiness Church in Mullens.
Willingham, who was married for 33 years, was devoted to his church, Pollard said, and had been a Christian for 19 years. And though Willingham had been set to retire soon, Pollard said he didn't know whether retirement would have suited him: He loved the work.
Three other funerals were held Friday and one is set for Saturday.
The cause of Monday's blast is unknown, and state and federal officials have pledged a full investigation.
The explosion has prompted renewed questions about mine safety. Obama said Friday that "it's clear more needs to be done" to improve mine safety.
He will meet next week with Secretary of Labor Hilda Solis and a Mine Safety and Health Administration official to hear their initial assessment of the cause of the blast and their recommendations on steps the federal government should take to improve safety.
Richmond, Virginia-based Massey Energy Co., which owns the mine, said in a statement released Friday that it will conduct "extensive" reviews of the mine accident "to ensure that a similar incident doesn't happen again."
We did not receive the miracle we prayed for.
--West Virginia Gov. Joe Manchin
It said the mine has had less than one violation per day in inspections by the Mine Safety and Health Administration and added that that rate is "consistent with national averages."
"Most of the citations issued by MSHA to [Upper Big Branch] in the last year were resolved on the same day they were issued," it said. "The safety of our members has been and will continue to be our top priority every day."
One of the unaccounted-for miners and 18 of the dead were working in an area where long wall cutting was taking place. The technique uses a large grinder to extract the coal and creates large amounts of coal dust and methane, both of which are explosive.
Manchin said that even though it's not clear what caused the explosion, there needs to be a focus on better ventilation and sensors to alert mine personnel when gas levels become dangerous.
"There was no way to protect them against this," he said. "You just have to prevent it and make sure it doesn't happen again."
The West Virginia blast was the worst mining disaster since 1972 when 91 miners were killed in a fire at the Sunshine Mine in Kellogg, Idaho.

Nicolas Cage Broke and Foreclosures

NICOLAS CAGE BROKE — Not so good news for the actor, Nicolas Cage as he is reported by various news outlets that he’s now broke. Reports said that he owes $6.3 million in taxes “with no funds available to pay them.”
Nicolas Cage then turns the blame on his financial manager. His financial manager, Samuel Levin, CPA in turn countersuits then says that when he was hired he warned Nic Cage that he needed to earn $30 million a year just to maintain his very lavish lifestyle. Levin claims that the actor still owes him $128,872.98 in unpaid business management services.
nicolas cage broke
Nic’s lawyer, Marty Singer answered the allegations of Levin.
“Levin’s cross complaint is absurd. He was paid more than $1.3 million this last year-and-a-half. It’s ironic he’s making his claim for fees when he caused Nic to be in these financial problems while he was paid millions of dollars over the past several years to act as Nic’s financial advisor.”
Nicolas Cage is set to release 6 movies in two years, we don’t know if this will get him out of his financial problems but if ever he recovers. He would’ve learned a great lesson in all of these.

Gambling Salmon Estuaries Teach How Salmon Hedge Their Bets

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Researchers use a net to capture smolt and other organisms on the Anchor River.
Do Kachemak Bay estuaries play an important role in the lives of coho salmon? Scientists are working with smolting salmon to help us understand and better manage one of Alaska’s most important resources.

Estuaries provide a wide range of habitats and play an important role in the lives of the marine and diadromous fishes that use them. Diadromous fishes are species such as Pacific salmon that use both marine and freshwater habitats during their life cycle.
Estuaries are recognized as very productive ecosystems, but the variety of estuary habitats and how they influence developing animals are not well understood. Scientists from the Kachemak Bay Research Reserve and the University of Alaska Fairbanks are investigating characteristics of coho salmon during their use of estuary habitats in the Anchor and Fox Rivers in south-central Alaska. The idea of this work is that coho salmon that use many different habitats in estuaries will show a wide range of traits such as body size, age structure, and body fat when they enter the ocean. Specifically, we expect that a greater range of environmental conditions such as salinity, temperature, and the frequency of tidal flooding will cause a wide range in salmon traits of the fish that use these habitats.
Why should we care? Because a wide range of these three traits of the smolting salmon is very important to their survival in the ocean. Ocean conditions change from year to year, changing the best time, body size, and body fat levels that smolt require to survive. So a population of salmon that has a wide range of these three traits will better equipped to survive through the year to year changes in the environment. The process of a species showing a wide range of traits is called ‘bet hedging’ and is a bit like gambling because only one combination will survive in a given year. Think of a game of roulette: salmon populations that have more traits can place their bets on more numbers and will most likely win; but on the other hand, salmon populations with fewer traits are left placing their bets on fewer numbers … and we all know where that can lead. Understanding the role that estuary habitats play in the development of these traits can help people, such as resource managers improve their land use decisions, and develop policies to help salmon populations ‘hedge their bets.’
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The author, Tammy Hoem, measures a salmon smolt on the bank of the Anchor River.
Scientists started learning how smolting salmon use the estuaries in the Fox and Anchor rivers during the summer of 2009. Fish were captured using beach seine nets in a variety of habitats in the estuary area from high to low tide lines. Data was collected for the habitat conditions including temperature, salinity, and depth. The fish captured were counted and their length was measured. The goal of the first year of the project was to identify where and how juvenile salmon could be captured in the estuaries. Scientists found several interesting clues about the use of estuaries by salmon, including presence of smolt from May through September.
The 2010 and 2011 seasons of this project will focus on collection of data from adult and juvenile coho salmon. First, scientists will collect data that allows them to examine the influence of environmental conditions on smolt size, body fat, and age. Smolting salmon will be captured in channel habitats spaced between the high to low tides lines within a single estuary. Second, they will compare the range of expressed traits such as patterns of estuary use, body length at marine entry, and age composition between adult fish returning to both estuary environments.
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A young coho salmon, or presmolt, from the Anchor River.
Scientist chose to compare the Fox and Anchor estuaries because they represent different environments that could result in differences in run timing, abundance, fish size, and age structure. The traits of these runs might need different approaches for harvest times and land use practices. We need to understand the kinds of environmental pressures and the traits that they cause among different stocks within salmon populations in order to best manage and conserve our salmon.
Tammy Hoem is a PhD candidate at the University of Alaska Fairbanks and is a Graduate Research Fellow at the Kachemak Bay Research Reserve.

By Tammy Hoem

Swans of April

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Trumpeter swans with a cygnet.
In mid-April, just outside Whitehorse, Yukon Territory, thousands of migrating tundra and trumpeter swans mass at M'Clintock Bay and on nearby waters along the Yukon River. For those of us from Southeast Alaska this tremendous gathering is just about two hours up the road from the ferry dock at Skagway and going to see the swans is a rite of spring.
Weighing 28 pounds, with an eight foot wingspan, male trumpeters are the largest waterfowl on earth. Females are smaller and tundra swans are smaller yet. From a distance they're hard to tell apart but up close most tundra swans have a yellow spot on the lores, the area between the eye and bill. Trumpeters have a thin salmon-red stripe along the gumline and a more pronounced black mask than tundras. You can tell trumpeter swans by their bugling call 'KO-HO.' There's nothing else like that sound and once you've got it, you will pick it up anywhere these animals fly.
M'Clintock Bay has all the assets that draw swans: open space where birds can watch for predators and enough open water for take-off. Swans need more than three hundred feet of runway and warm water from Marsh Lake keeps part of the Bay ice free most of the winter. Nutrient rich silt from the M'Clintock River supports prodigious aquatic plant growth. Water levels are low in spring so swans can reach the bottom to dabble. Dabbling is where water fowl tip their feet to the sky and stick their heads underwater to graze. Where water is shallow enough they'll uproot rhizomes and tubers with their feet before dabbling. Swans at M'Clintock Bay get temporarily rust colored heads and necks from iron rich sediments on the bottom. Trumpeter swans can eat more than twenty pounds of pondweed per day. While eating plants they pick up invertebrates, fish and eggs as well.
Most swans resting at M'Clintock breed hundreds of miles from Whitehorse. It will be about 35 days from when the eggs are laid until they hatch and another hundred-five days until the cygnets take their first flight. To get the cygnets strong enough to fly home in the fall, parents have to lay eggs as early as possible. At Swan Haven there are always birds flying north and returning. When the scouts flying north stop coming back thousands of birds clear out in a few days.
Trumpeter swans are magnificent to see and they're a magnificent environmental success story. Once common across North America, they were nearly exterminated in the early 1900s by over hunting for meat and feathers. The 1935 trumpeter swan count found just sixty-nine birds in North America. Birders thought those were the last remnants until a larger population was discovered in Alaska in the 1950's. Thanks to the Canada/United States Migratory Bird Treaty, hunting moratoriums, banning lead shot, ensuring wintering habitat like Red Rock Lakes National Wildlife Refuge in Montana and the Comox Valley on Vancouver Island, trumpeter swans have made a comeback. Re-introduction programs and increased public education about not disturbing resting birds or letting pets chase them have helped trumpeter swans expand their ranges. These birds have rebounded to an estimated twenty-two thousand birds in Alaska and ten thousand elsewhere in the US and Canada. Tundra swan numbers are stable at about 110,000.
In addition to swans, visitors to M'Clintock Bay in April can see northern pintails, widgeons, loons, grebes, geese, hawks, and ducks such as teals, mallards, northern shovelers and golden eyes. More than one hundred-thirty bird species have been observed there.
In 1994 the Yukon Government's Wildlife Viewing Program, the Girl Guides of Canada and Ducks Unlimited Canada built Swan Haven Viewing Centre right on M'Clintock Bay. The turnoff is at Km 1441.8 just past the Yukon River Bridge. A short drive down the dirt road brings you to a small subdivision which includes the Viewing Centre. There are spotting scopes, interpretive displays, programs and community events at no charge. Peak time is usually the third week of April. Celebration of Swans for 2010 is April 17-25. Below is a link to the Swan-Cam operated by Energy Yukon from April to mid-May. For more information call the Wildlife Viewing Program, Department of the Environment 867- 667- 8291. KO-HO!
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A swan viewer at Swan Haven - the M'Clintock Bay viewing area.
Dick Callahan is a Juneau author and an information officer with the Division of Sport Fish at the Alaska Department of Fish and Game.
Links
Wildlife Viewing Program http://www.environmentyukon.gov.yk.ca
M'Clintock Bay Swan Cam http://www.yukonenergy.ca/community/multimedia/swancam/
Spring Birds at Swan Haven http://www.environmentyukon.gov.yk.ca/pdf/birding.pdf
ADFG Wildlife Series http://www.adfg.state.ak.us/pubs/notebook/bird/swans.php

By Dick Callahan 

Apr 9, 2010

Your Cousin the Sea Squirt

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An adult tunicate or sea squirt. Drawing by Anna Epelbaum.
You may not have seen a tunicate unless you’re an avid tide pooler, a scuba diver, or you spend a lot of time checking out growth below the water line on docks, rocks, and pier pilings. Tunicates, or sea squirts, as they are commonly called, live as solitary or colonial organisms. There are about 90 native tunicates species from Alaska to California; however, I am more interested in those that are introduced to Alaska and are invasive.
First, let’s explore what a tunicate is. You might be surprised that tunicates are actually the closest relative to humans compared to other invertebrate animals. Tunicates are members of the phylum Urochordata, which is closely related to the phylum Chordata which includes all vertebrates. Tunicates and vertebrates share characteristics such as a dorsal nerve cord (spinal cord in humans), a skeletal rod underneath which supports the nerve chord, called a notochord (a spine in our case), and a pharnyx that develops gill slits.

As adults tunicates appear in many bright colors, almost sponge-like with an incurrent siphon and an excurrent siphon. Larval forms are very different from adults as they are shaped like tiny tadpoles with a notochord in their tails. They also have a hollow dorsal nerve chord and pharyngial gill slits. Since only the pharyngial gill slits are retained after the animal undergoes metamorphosis from the larval form to the adult, these organisms are classified as Urochordates. Nevertheless, all of the organ systems of higher vertebrates are present, including specialized sensory organs such as eyespots to detect light and an otolith to sense gravity. Okay, so maybe your cousin just acts like sea squirt.
The name “tunicate” comes from the firm but flexible body covering called a tunic, which the organism makes by secreting a thick covering of a substance similar to cellulose. A tunicate is shaped somewhat like a barrel. Most tunicates live with the lower end of the barrel attached firmly to a fixed object and its two siphons projecting from the upper end. Adult sea squirts are generally benthic (live on the bottom of the ocean) and sessile (attached or non-moving) marine filter-feeders.
Tunicates subsist on plankton. They draw seawater in through the oral siphon, passing it through a sieve-like structure called the branchial basket where the gill slits filter food particles and oxygen, after which the water is expelled through the atrial siphon along with bodily wastes.
I’m interested in tunicates that were brought to Alaska waters in ballast water or as hitchhikers on the hulls of ships. The non-native tunicates that have been found in Southeast Alaska are colonial Botryllid tunicates. So far they’ve been detected in marine environments around Metlakatla, Ketchikan and Sitka. Botryllid tunicates can be mistaken for other sessile, encrusting marine animals such as sponges. Look closer and you can see tiny, individual openings (siphons) indicating separate organisms, each one is known as a zooid. The entire tunicate colony shares a common tunic. Like many invertebrates, colonial tunicates practice sexual reproduction; they can also multiply by cloning from a single sexually produced individual, called budding. This type of reproduction can produce viable new colonies that can drift away from the colony and easily spread across the sea floor. You can see why colonial tunicates are considered a greater fouling challenge than solitary tunicates.
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The orange organisms on the left are a colony of Botrylloides tunicates.

Non-native tunicates are considered invasive because they have potentially irreversible impacts on marine ecosystems. The World Conservation Union rates aquatic invasive species as one of the four greatest threats to the world’s oceans. As fouling organisms, tunicates grow in large mat-like colonies on hard substrates such as rock, boulders and gravel, and on artificial substrates such as boat hulls, docks, and aquaculture gear. They can outcompete and suffocate filter feeding bivalves such as mussels, clams and oysters, and have very few natural predators.
The two Botryllid tunicates found in Sitka are the orange sheath tunicate (Botrylloides violaceus) and the golden star tunicate (Botryllus schlosseri). Both are colonial.
In order to better understand the population of tunicates that have been detected in waters around Sitka, the Alaska Department of Fish and Game (ADF&G), National Marine Fisheries Service, the Smithsonian Environmental Research Center (SERC), San Francisco State University (SFSU), Sitka Tribe, Sitka Science Center and University of Alaska, Southeast, among others organizations, will join volunteers from the area for a BioBlitz the weekend of June 11- 13, 2010. We’ll join forces to scout out tunicates in Sitka harbors and along the coast where accessible by the road system.
Individuals will be asked to hit the beaches and shoreline during low tide, to walk the docks and piers, and scope out any area where these tunicates might be found. The goal is to learn about the distribution of the tunicates and to take samples wherever they are found so they can be genetically identified. Experts in the field of tunicates, Linda McCann of SERC and Sarah Cohen of SFSU, will be helping with the effort. Along with Greg Ruiz, the Director of SERC’s Marine Invasions Research Lab, McCann and Cohen have been looking for tunicates in Alaska for ten years. The Sitka BioBlitz will be the first focused effort to describe the distribution of tunicates in an Alaska community. Troy Tydingco, ADF&G, and other local volunteer scuba divers will be offering their skills to scan the seafloor.
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A Botrylloides tunicate colony on a shell.
Presently, most of the surveying for tunicates is done by volunteer citizen scientists who hang PVC plates attached to bricks from harbor floats, piers, or any place tunicates might have dropped from the hull of a fouled vessel. If present in the area, the tunicates will tend to collect on the PVC plates that dangle one meter from the surface of the water. This summer 14 sites from Ketchikan to Dutch Harbor will be monitored by teachers and students, or interested “citizen scientists” for invasive tunicate populations.
If you’re interested in joining us in Sitka, or in participating in citizen monitoring, please call Tammy Davis on the invasive species reporting hotline: 1-877-INVASIV (1-877-468-2748).
Tammy Davis is the Invasive Species Program Project Leader for the ADF&G Sport Fish Division

By Tammy Davis

Managing Black Bears on Prince of Wales

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The author, biologist Steve Bethune, with an immobilized and collared black bear on Prince of Wales Island in southern Southeast Alaska.
Unlike many areas of the state where black bears are numerous and ADF&G wildlife managers are trying to reduce their numbers to bolster moose and caribou populations, managers of black bears on Prince of Wales Island (POW) are seriously concerned about apparent declines.
Historically, hunters harvested an average of 225 black bears annually from this large island in southern southeast Alaska. Word got out that POW was a consistent producer of trophy class black bears and beginning in the late 1990s harvests began to dramatically increase, peaking at nearly 500 animals in 2005. Since then the harvest has steadily decreased every year. During the 2008 regulatory year hunters reported harvesting 292 black bears from Unit 2.
Along with declining harvests, managers noted declines in average skull sizes and ages of harvested bears (in certain locations), all indicators of a struggling population. But it’s not just biologists who are concerned. Local residents, hunting guides, tour operators, transporters, local hunters and other members of the public are increasingly concerned about chronic low bear numbers compared to just 10-15 years ago.
To address this problem, managers studied harvest records and discerned a striking difference in the black bear take between the spring and fall seasons. In the spring, 85-90 percent of the black bears harvested are males. In contrast, fall hunters take an average of 50 percent females.
There are several reasons for this disparity. In the spring, the two most popular hunting methods are 1) using a skiff to search tidal flats, and 2) using bait to attract a bear. Both methods give the hunter an opportunity to view multiple animals and time to size up a bear before shooting. In the fall, hunters converge on salmon streams where bears are concentrated foraging on salmon. By September, when hunting season starts, we suspect many mature bears have moved off the streams allowing more females and young bears to use this food resource. Hunting along salmon streams can be a close-quarters affair and hunters may not have time to adequately judge a bear or observe it long enough to detect cubs. The potential for wounding loss is high, because bears that are shot can quickly escape into the thick forest adjacent to salmon streams, making it difficult for the hunters to recover them. When all these factors are combined it is easy to see that fall hunting has the potential to seriously impact the female segment of the black bear population.
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A hair snare with an attractant. A bear drawn to the scent lure will leave hair on the barbed wire, undisturbed and unaware it has just been sampled. The hair (specifically the hair follicle) provides a wealth of information for biologists.
In an effort to curb the apparent population decline, managers have addressed the fall harvest in an attempt to reduce the loss of female bears. A number of options were considered, but the selected tool was to establish a controlled use area encompassing Game Management Units 2 and 3. The use of motorized vehicles for bear hunting is restricted in this area during September, beginning in 2009. It appears to be working. By severely limiting access to salmon streams, the female portion and overall fall harvest is down about 40 percent. Only time will tell if this trend will continue and if a positive corresponding trend to the overall population will develop.
Unfortunately it’s nearly impossible to determine population size of bears in southeast’s coastal rainforest habitat. Until the 2009 season only hunters that actually killed a bear were required to report to ADFG, providing no information about the number of hunters visiting POW or their success rates. Biologists are currently working on a number of projects to learn as much as they can about POW’s bears.
In one study, hair snares have been deployed across the island to collect DNA samples. By comparing DNA collected in the field with DNA from harvested bears, a harvest rate can be calculated. This can then be converted to arrive at a rough population estimate.
In another study biologists are collaring bears with VHF and GPS equipped collars, allowing them to track and learn about their habitat use, den sites, reproduction, survival and movement patterns.
Finally, a graduate student sponsored by ADFG will be collaring deer fawns on POW beginning this spring. Biologists are hopeful the multi-year project will yield valuable information on the role of black bears on deer predation.
Across southern Southeast Alaska, black bears are attracting a lot of attention - everyone from hunting guides and transporters to non-resident and resident hunters, lodge owners, tourists, travelers, local residents, and especially biologists. Whether you are on Prince of Wales Island, Kuiu Island, or anywhere from Ketchikan to Petersburg to Juneau, black bears are a common presence. In recent years however, biologists with the Alaska Department of Fish and Game have detected declines in harvest in certain areas that have them concerned enough that learning more about this species has become paramount.
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The author removes a hair sample from the snare. Hair snares are one of several tools biologists are using to learn more about black bears.
A big step was taken during the fall 2008 Board of Game meeting when ADF&G sponsored a proposal to require the use of a harvest ticket and report for all black bear hunting in Southeast Alaska beginning in July 2009. This requirement allows the Department to gather data not only on successful hunters as in the past, but also on hunters who are unsuccessful. This will allow biologists to begin compiling data on black bear hunter effort and success.
Along with this, the Department may also use the database from harvest tickets and contact hunters for additional information if needed. The Department is presently drafting a black bear newsletter that will be sent to hunters, guides, other agencies, and be available to the public on-line as well as at ADF&G offices. This newsletter is the first stage of an information sharing and gathering exercise by the Department to help guide black bear management into the future.

Steve Bethune is the Assistant Area Management Biologist for the Ketchikan area and lives and works on POW
By Steve Bethune

A history of violations at Upper Big Branch mine

The Upper Big Branch coal mine, where an explosion Monday killed 25 miners, has a history of serious violations that at points were five times more extensive than the national average, according to federal records.
The mine in Raleigh County, near Beckley, W.Va., was cited for 458 safety violations last year, with 50 of them listed as unwarrantable failures to comply -- citations reserved under federal mining regulations for instances of willful or gross negligence.
Nationwide, an average of 2 percent of safety violations are unwarrantable failures. Slightly more than 10 percent of Upper Big Branch mine's violations last year were unwarrantable failures.
Cecil-based coal producer Consol Energy Inc. rushed three teams to West Virginia Monday to assist at the mine.
Massey Energy Chairman and CEO Don Blankenship said in a statement at 8:30 p.m. Monday:
"Our prayers go out to the families of the miners. We want to assure the families of all the miners we are taking every action possible to locate and rescue those still missing."
The Upper Big Branch mine is owned by Massey Energy, a Virginia-based firm that faced a then-record $1.5 million fine after a fire at its Aracoma Coal Mine in Logan County, W.Va., in which two men became lost amid a wash of smoke because of missing safety walls.
The company later settled a lawsuit by the miners' families. Aracoma, a Massey subsidiary, later pleaded guilty to criminal charges brought against it by the federal government.
At the time of Monday's explosion, Upper Big Branch mine was facing more than $150,000 in fines for pending safety violations, after routine scheduled inspections resulted in more than 100 citations three times in a 12-month period.
Since July 2008, seven regularly scheduled safety inspections -- inspections planned ahead of time and not the surprise or "spot" inspections also carried out by federal inspectors -- turned up 614 safety violations, according to records of the federal Mine Safety and Health Administration.
In the past year, the mine has been cited multiple times for an accumulation of potentially volatile coal dust, poor pre-shift inspections and problems with its ventilation and escape route plans.
As recently as March, the company had been cited for inadequate escapeway plans for its miners and accumulations of coal dust. In January, the mine amassed nearly $150,000 in proposed fines from MSHA after safety inspectors cited them for failure to maintain adequate air ventilation or escape route maps, allowing too much coal dust to accumulate and failure to provide adequate and clearly marked escape routes in the event of emergencies.
Internal MSHA records made available to the Post-Gazette Monday night also indicated that in 2006, Upper Big Branch released more than 1 million cubic feet of of flammable methane gas in a 24-hour period. Under federal safety regulations, that amount of methane discharge would have required a federal safety inspection for methane levels once every five days.
In the 1990s, the mine experienced one methane ignition incident that caused burns to a miner.
One former MSHA inspector with experience at Massey facilities last night said the accumulated violations racked up by Upper Big Branch suggested a failure in the entire system.
"It's just a combination of stuff that had to catch up with them sometime," said Minness Justice, who was the inspector at Massey's Aracoma mine in the months before a fire there killed two workers.
Mr. Justice, who left MSHA after a bitter dispute in which the agency sought to discipline him over the Aracoma incident, pointed to a March 2009 citation and proposed $29,000 fine for an unwarrantable failure in its ventilation system. The ventilation system in a mine is crucial to removing dust and methane and providing a continuous flow of fresh air to the working face.
He said in the first quarter of 2010, the mine was cited 25 times for ventilation violations but 21 of them were listed as "not serious and substantial," meaning they resulted in nominal fines.
"Inspectors have written it and written it and written it, but they didn't write it with any authority," Mr. Justice said.
By Dennis B. Roddy and Vivian Nereim, Pittsburgh Post-Gazette

Upper Big Branch had stepped up production for its 'gassy' coal

 Production at Massey Energy's Upper Big Branch mine that claimed the lives of at least 25 miners in a Monday explosion had kicked into overdrive in the past several months, as the company strove to keep up with increasing demand for the mine's valuable type of coal, which is used to make steel. 
Although Massey chief executive Don Blankenship said last week that increased production did not lead to shortcuts on safety, the southern West Virginia mine produces coal that miners call "gassy" -- shot through with potentially dangerous methane gas.
In the fourth quarter of last year, coal production at Upper Big Branch almost doubled from the previous three months, surging from 263,319 tons mined in the third quarter to 525,207 tons in the fourth quarter, according to federal data. The mine's metallurgical coal is valued at $91 a ton, according to an SEC document Massey filed Friday. Massey sells its thermal coal, which is used by power plants that generate electricity, for $57 a ton, Citi analysts said.
The higher-profit metallurgical coal makes up about 25 percent of Massey's output, J.P. Morgan analysts said last month, making the company more dependent on the kind of coal mined at Upper Big Branch than other mining companies. Massey is the nation's sixth-largest coal company. Upper Big Branch produced 1.2 million tons last year, or about 3 percent of the company's output.
Massey acquired the land that became the Upper Big Branch mine as part of a package of property, mines and coal preparation plants from rival Peabody Coal in October 1994 for an undisclosed amount. Peabody never mined the area now known as Upper Big Branch, a Peabody spokeswoman said. In its SEC filing from the time, Massey estimated that the Peabody acquisition contained 146 million tons of coal, or decades of output. Upper Big Branch was an immediate hit.
Upper Big Branch is owned by Massey subsidiary Performance Coal, which ramped up production at Upper Big Branch quickly, going from just more than 1 million tons of coal in 1995 to 3 million tons the next year. Production peaked in 1998, when the mine produced 5.7 million tons of coal, making it one of the larger mines in West Virginia.
Tonnage started going down and rapidly fell off after 2005. The mine failed to produce 1 million tons of coal again until last year, when it churned out 1.2 million tons. Employment peaked in 2001, with 239 people working the mine.
A Massey spokesman declined to answer questions on Friday about the mine's production drop-off.
"That's good-quality coal so I don't see a reason for the drop-off," said Christopher Bise, chairman of West Virginia University's College of Engineering and Mineral Resources, pointing out that the downturn came well before the recession.
Miners have described Upper Big Branch and the mines around the area as "gassy," meaning they are rich in methane, an odorless, colorless gas.
Methane lives in the cracks and natural fractures between coal, and it chemically clings to coal molecules.
"Methane has an affinity to coal," said Mitch Blake, with the West Virginia Geological and Economic Survey. "It's stuck to it like magnets."
Blake, who has spent years mapping most of the coal fields around the Upper Big Branch mine, has seen methane bubbling up through groundwater and has heard it escaping from the coal when he's been underground. 
"It sounds like bees buzzing," he said.
Blake said any spark will cause a methane explosion in a mine if the gas concentration is between 5 and 15 percent of the atmosphere.
"Down here, they were talking about it being 5.4 percent" in the Upper Big Branch mine. "You don't want that."
Bise pointed out that Monday's accident was a "really violent explosion," which made him wonder whether it was caused by methane alone. Bise said that very fine coal dust, suspended in poorly ventilated air, can explode. Of the 129 federal violations issued to Upper Big Branch since the beginning of the year, 32 have related to dust, ventilation or combustible materials, according to data from the Mine Safety & Health Administration.
Upper Big Branch is a drift mine. Unlike a shaft mine, where a vertical tunnel is drilled down into the earth, or a surface mine, where the coal is reached by stripping off the rock and soil above it, a drift mine has its entrance on a hillside, typically, where the coal outcrops. Miners dig into the mountain on the horizontal to open chambers inside the mountain that accommodate mining machinery and conveyors to carry out the coal.
Massey uses longwall mining technology to remove much of Upper Big Branch's coal. A powerful drum-shaped cutting head -- several feet in diameter and fitted with cutting bits -- rotates rapidly along a coal seam that can be up to 1,500 feet in length and a few feet high. The cutting head thunders back and forth along the seam at a speed of up to 45 feet per minute, essentially gouging out the coal, which drops onto a conveyer and is transported to the surface. The ceiling over the longwall cutting machine is temporarily held up by hydraulic roof supports as the mining gets underway. The supports are removed as the operation cuts through the seam, allowing the roof to collapse behind.

 
Washington Post Staff Writer
Saturday, April 10, 2010