text:
(By Delegates Williams, Tomblin, R. Phillips,
Eldridge, Hartman, Sponaugle, Walker, Pino,
Craig, Miller and Anderson)
[Introduced January 24, 2014; referred to the
Committee on Agriculture and Natural Resources then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6, §19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12, §19-2H-13, §19-2H-14 and §19-2H-15; to amend and reenact §19-29-2 of said code; to amend and reenact §20-1-2 of said code; and to amend and reenact §20-2-11 and §20-2-12 of said code, all relating to regulating captive cervid farming as an agricultural enterprise in this state; creating the Captive Cervid Farming Act; setting forth powers and duties of the Department of Agriculture; authorizing rule-making; setting forth duties and obligation of the Commissioner of the Department of Agriculture; establishing an application process; permitting the issuance, renewal, modification and transfer of a license certificate; requiring the inspection of facilities; permitting the transition of current facilities; providing for noncompliance with article; and establishing remedies and criminal penalties.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6, §19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12, §19-2H-13, §19-2H-14 and §19-2H-15; that §19-29-2 of said code be amended and reenacted; that §20-1-2 of said code be amended and reenacted; and that §20-2-11 and §20-2-12 of said code be amended and reenacted, all to read as follows:
§19-2H-1. Definitions.
As used in this article:
(1) "Bio-security" means measures, actions or precautions taken to prevent the transmission of disease in, among or between free-ranging and captive cervids.
(2) "Captive cervid's" or "captive cervids" means members of the Cervidae family of animals including, but not limited to, fallow deer, red deer, axis deer, moose, reindeer and caribou which are domesticated animals under the control of the owner of the animal: Provided, That for purposes of this article, elk and white-tailed deer (Odocoileus virginianus) and all its subspecies are not included in the definition of captive cervid.
(3) "Captive cervid farming operation" means the raising of captive cervids which are to be sold or offered for sale through commercial outlets for human consumption.
(4)"Commissioner" means the Commissioner of the West Virginia Department of Agriculture.
(5)"Department" means the West Virginia Department of Agriculture.
(6)"Division of Natural Resouces" means division of natural resources established pursuant to section three, article one, chapter twenty of this code.
(7)"Identification system" means a process or procedure that allows an individual captive cervid to be continuously recognized as a unique animal throughout its lifetime.
(8)"License" means the authorization issued by the department for the operation of a captive cervid farming facility.
(9)"Licensed captive cervid farming facility" means the specific fenced area and all equipment and components therein approved by the department for use as a captive cervid farming operation, but not including zoos accredited under the American Zoological Association, other petting zoos or roadside menageries licensed under section fifty-two, article two, chapter twenty of this code, or backyard enclosures containing less than one acre of fenced area and having captive cervids located there for public or private viewing.
(10)"Owner" means the person who owns or operates a licensed captive cervid farming facility.
(11)"Person" means an individual, corporation, limited liability company, partnership, association, joint venture or other legal entity.
(12)"Release" means to allow a cervid from a licensed captive cervid farming facility to be outside the perimeter fence of that licensed captive cervid farming facility without being under the direct control of the owner or his or her agent.
§19-2H-2. Authority of the Department of Agriculture.
The department shall regulate captive cervid farming operations in accordance with this article. Subject to the transition provisions contained in section ten of this article, no person may operate a captive cervid farming facility unless that person holds a license issued by the commissioner pursuant to this article authorizing operation of that particular facility.
§19-2H-3. Captive cervid farming rules.
(a) The commissioner shall propose legislative rules in accordance with article three, chapter twenty-nine-a of this code as are necessary to provide for implementation and enforcement of this article. Any rule proposed by the commissioner before September 1, 2014, may be filed as an emergency rule.
(b) The rules, insofar as practicable, shall provide for the protection of animal and human health and promotion of bio-security which are consistent with the rules on those same subjects promulgated by the United States Department of Agriculture, division of animal and plant health inspection service, in order that the rules promulgated pursuant to this section and similar rules promulgated by the United States Department of Agriculture may be harmoniously administered and applied to captive cervid farming operations subject to both the applicable federal rules and to rules promulgated under this section.
(c) The rules promulgated under this section shall include, specific requirements which shall:
(1) Prevent the spread of diseases between captive and free-ranging cervids;
(2) Implement an identification system which will allow individual captive cervids to be recognized and identified throughout the animal's life;
(3) Establish the specifications for fencing necessary to prevent the escape of captive cervids and the infiltration of free-ranging cervids into a licensed captive cervid farming facility;
(4) Specify the record-keeping standards required of licensees, including standards for documentation of purchases, propagation, sales, harvesting and any other documentation required to maintain accurate and complete records of captive cervid farming operations.
(5) Establish animal health testing criteria needed to discover and prevent the spread of animal diseases;
(6) Regulate the movement of captive cervids, and provide for maintenance of documentation of the origin and destination of all shipments and any other documentation required under the animal industry laws of this state; and
(7) Establish a schedule of fees and charges for services provided by the department to licensed captive cervid farming facilities, which fees and charges shall be set so that the costs of regulation pursuant to this article are covered by the combination of the fees and charges, license fees and any federal and state grants and appropriations available for support of the regulation of captive cervid farming operations.
§19-2H-4. Duties and obligations of the commissioner.
The commissioner or his or her designees may:
(1) Establish within the department a section responsible for the enforcement of this article;
(2) Designate members of the department staff responsible for each of the functions required for the proper regulation of captive cervid farming operations;
(3) Contract, if deemed desirable, with veterinarians and other animal health professionals to provide services required to assure the bio-security of captive cervid farming operations ;
(4) Enter into memorandum of understanding with the division of natural resources to establish inspection cooperation and coordination of the licensed captive cervid farming facilities and the sharing of information retained by either the department or the division of natural resources relating to any captive cervid;
(5) Enter into interstate contracts with other states to enhance the bio-security of captive cervid farming operations in this and other states;
(6) Lease, rent, acquire, purchase, own, hold, construct, equip, maintain, operate, sell, encumber and assign rights of any property, real or personal, consistent with the objectives set forth in this article;
(7) Hold hearings on any matter of concern relating to captive cervid farming, subpoena witnesses, administer oaths, take testimony, require the production of evidence and documentary evidence and designate hearing examiners and employees to so act; and
(8) To make and enter into all agreements and do all acts necessary or incidental to the performance of duties and the exercise of powers under this article.
§19-2H-5. Application for license.
(a) A person desiring to operate a captive cervid farming facility must submit an application for a license to the department. The department shall provide the forms and instructions for the filing of applications.
(b) The application form shall require submission of the following information:
(1) The mailing address of the proposed captive cervid farming facility and the size, location and an adequate legal description of the facility;
(2) The number of each species of cervid proposed to be included in the proposed facility;
(3) The bio-security measures to be utilized, including, but not limited to, a description of the fencing and the animal identification system to be used;
(4) The proposed method of flushing wild cervid species from the enclosure, if applicable;
(5) The proposed record-keeping system;
(6) The method of verification that all free-ranging deer species have been removed;
(7) The current zoning, if any, of the property proposed for the facility; and
(8) Any other information considered necessary by the department.
(c) The application shall be accompanied by the biennial license fee as follows:
(1) Class one license – For a facility to be used only for breeding and propagation of cervids for sale to others – $750;
(2) Class two license -- For facilities from which cervids will be harvested for commercial use - $1,500.
§19-2H-6. Departmental action on applications.
(a) The department shall act on an application for a license within sixty days of receipt. The department may issue a provisional license for a proposed facility which has not yet been constructed, but operations shall not begin under a provisional license until after inspection of the fully constructed facility by the department and the issuance of a nonprovisional license for the facility.
(b) The department may not issue any nonprovisional license until the commissioner has determined that the facility and its operation meet all of the following criteria:
(1) The facility has been inspected by the department and the commissioner has determined that the facility and its proposed operation meet each of the standards and requirements under this article and the rules promulgated under this article;
(2) The applicant has all necessary federal, state and local governmental permits required for the facility and operations subject to the license.
(3) The owner has paid all applicable license fees and all departmental charges for services provided to the owner's captive cervid farming facility.
(c) If the department finds a deficiency in the license application, the owner shall be given at least thirty days to remedy the deficiency before the license application is denied.
(d) If the commissioner determines that the proposed captive cervid farming facility or its proposed operation does not comply with the requirements of this article after the opportunity to remedy deficiencies, the commissioner shall deny the application and notify the applicant in writing of the reasons for the denial.
(e) The applicant may request a hearing pursuant to article
five, chapter twenty-nine-a of this code, to contest the denial of a license or any limitations placed upon the issuance of a license.
(f) The department may not return the license fee or any portion of the license fee to an applicant if a license is denied.
§19-2H-7. License certificate; renewal; sale or transfer of license.
(a) The department shall issue a license certificate to the owner of each licensed captive cervid farming facility, which shall contain the following information:
(1) The class of license, the license number and expiration date;
(2) The cervid species approved for the licensed facility;
(3) The name, business address and telephone number of the owner of the licensed facility; and
(4) The address of the captive cervid farming facility.
(b) An application for renewal of a license shall be submitted on forms provided by the department not later than sixty days before expiration of the current license. Each license issued shall be for a period of two years from the date of issuance.
(c) The sale or transfer of ownership of a captive cervid farming facility will not operate to transfer the license. The department may issue a new license to the transferee, if all license requirements are met and a new license fee is paid.
§19-2H-8. License modification.
An owner must apply to the department for a license modification if there is any proposed change in the class of license or the species approved for the licensed facility.
§19-2H-9. Inspection of facility by the department.
(a) The department, the division of natural resources, pursuant to a memorandum of understanding required by section four of this article, and their authorized agents shall have access at all reasonable hours to any licensed captive cervid farming facility for the purpose of conducting inspections, securing samples or specimens of any cervid species and determining whether the owner is in compliance with the requirements of this article. Any inspection and sampling shall be conducted in a manner which will not jeopardize the health of the captive cervids.
§19-2H-10. Transition to captive cervid farming licenses; statutory conflicts.
(a) A captive cervid farming facility in existence on the effective date of this article may continue operation under its existing authorization until the department acts on its application for a license under this article, provided the owner of that facility makes application for a license under this article within sixty days after application forms are available from the department.
(b) Notwithstanding any other law to the contrary, an owner or an owner's customer harvesting captive cervids from a licensed captive cervid farming facility is not subject to any possession limits laws, closed season laws, or hunting license requirements. A license under this article does not give the licensee any right to take free-ranging cervids unless it is done pursuant to a permit issued by the Division of Natural Resources.
(c) A licensed captive cervid farming facility is not subject to sections eleven, twelve, thirteen, fourteen, forty-seven and fifty-one, article two, chapter twenty of this code or the rules promulgated thereunder for its operations relating to the raising of captive cervids which are to be sold or offered for sale through commercial outlets for human consumption. If a licensed captive cervid farming facility has other operations relating to cervids on its facility, those cervids and the facility, would be subject to any applicable laws relating to those other operations.
§19-2H-11. Noncompliance with article, standards, orders or rules; suspension, revocation or limitation of license.
The department may suspend, revoke or limit a license if the licensee fails to comply with this article, standards adopted under this article, orders issued by the commissioner as a result of an administrative action or departmental review conducted under this article or rules promulgated under this article.
§19-2H-12. Prohibited conduct; violation; penalty.
(a) A person may not intentionally or knowingly release or allow the release of any captive cervids from a captive cervid farming facility. This subsection does not prohibit the sale, breeding, marketing, exhibition or other uses of captive cervids approved by the department.
(b) An owner may not intentionally or knowingly abandon a captive cervid farming facility without first notifying the department in compliance with standards established under this article.
(c) A person may not intentionally or knowingly cause the ingress of free-ranging cervids into a captive cervid farming facility.
(d) Any person who violates subsection (a), (b) or (c) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $300, confined in jail for not more than ninety days, or both fined and confined, for a first offense. A second or subsequent offense is a misdemeanor and, is punishable by a fine of not more than $1,000, confinement for not more than one year, or both fined and confined.
§19-2H-13. Findings of violations; remedies.
(a) The commissioner, upon finding that a person has violated any requirements under this article, may:
(1) Issue a warning; or
(2) Impose a civil penalty of not more than $1,000, plus the costs of investigation, for each violation, after notice and an opportunity for a hearing. A person aggrieved by an administrative action under this section may request a hearing pursuant to article five, chapter twenty-nine-a of this code.
(b) Notwithstanding any other provisions of this article, the commissioner may bring an action to:
(1) Obtain a declaratory judgment that a particular method, activity or practice is a violation of this article; or
(2) Obtain an injunction against a person who is engaging in a method, activity or practice that violates this article.
(c) The remedies under this article are cumulative and use of one remedy does not bar the use of any other remedy.
§19-2H-14. Reports to Legislature.
Beginning October 1, 2014, and every three months thereafter until October 1, 2016, the Commissioner shall make quarterly reports to the Joint Committee on Government and Finance and to the director of the division of natural resources detailing the implementation and enforcement of captive cervid farming facilities in the state.
§19-2H-15. Captive Cervid Farming Facility Administrative Account created.
There is hereby created in the State Treasury a special revenue fund to be designated and known as the "Captive Cervid Farming Facility Administrative Account," which shall consist of revenues derived from license fees, fees for services provided by the Department and civil penalties authorized by this article, to be administered by the Commissioner and used for the administration and enforcement of this article. Expenditures from the fund shall be for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter eleven-b of this code: Provided, That for the fiscal year ending June 30, 2015, expenditures are authorized from collections rather than pursuant to an explicit appropriation by the Legislature.
§19-29-2. Definitions.
As used in this article:
(a) (1) "Aquaculture" means the commercial production of fish and/or other aquatic life.
(b) (2)"Commissioner" means the commissioner of agriculture or his or her designee.
(c) (3)"Domestic purposes" means for the purposes of food production, for resale as breeding stock or for the sale of immature stock for the purposes of further feeding.
(d) (4)"Nontraditional agriculture" means the production of animals domesticated from wild stock, either native or nonnative, and are being confined, bred, and/or fed for domestic purposes, except that elk and white-tailed deer (Odocoileus virginianus) and all its subspecies shall not be included; aquaculture; or other agricultural products as defined in this article.
§20-1-2. Definitions.
As used in this chapter, unless the context clearly requires a different meaning:
(1)"Agency" means any branch, department or unit of the state government, however designated or constituted.
(2)"Alien" means any person not a citizen of the United States.
(3)"Bag limit" or "creel limit" means the maximum number of wildlife which may be taken, caught, killed or possessed by any person.
(4)"Big game" means elk, deer, black bears, wild boars and wild turkeys.
(5)"Bona fide resident, tenant or lessee" means a person who permanently resides on the land.
(6)"Citizen" means any native-born citizen of the United States and foreign-born persons who have procured their final naturalization papers.
(7)"Closed season" means the time or period during which it shall be unlawful to take any wildlife as specified and limited by the provisions of this chapter.
(8)"Commission" means the Natural Resources Commission.
(9)"Commissioner" means a member of the advisory commission of the Natural Resources Commission.
(10)"Director" means the Director of the Division of Natural Resources.
(11)"Fishing" or "to fish" means the taking, by any means, of fish, minnows, frogs or other amphibians, aquatic turtles and other forms of aquatic life used as fish bait.
(12)"Fur-bearing animals" include: (A) The mink; (B) the weasel; (C) the muskrat; (D) the beaver; (E) the opossum; (F) the skunk and civet cat, commonly called polecat; (G) the otter; (H) the red fox; (I) the gray fox; (J) the wildcat, bobcat or bay lynx; (K) the raccoon; and (L) the fisher.
(13)"Game" means game animals, game birds and game fish as herein defined.
(14)"Game animals" include: (A) The elk; (B) the deer; (C) the cottontail rabbits and hares; (D) the fox squirrels, commonly called red squirrels, and gray squirrels and all their color phases - red, gray, black or albino; (E) the raccoon; (F) the black bear; and (G) the wild boar. The term "game animals" does not include privately owned cervid and all its subspecies that are kept pursuant to article two-h, chapter nineteen of this code.
(15)"Game birds" include: (A) The anatidae, commonly known as swan, geese, brants and river and sea ducks; (B) the rallidae, commonly known as rails, sora, coots, mudhens and gallinule; (C) the limicolae, commonly known as shorebirds, plover, snipe, woodcock, sandpipers, yellow legs and curlews; (D) the galliformes, commonly known as wild turkey, grouse, pheasants, quails and partridges (both native and foreign species); (E) the columbidae, commonly known as doves; (F) the icteridae, commonly known as blackbirds, redwings and grackle; and (G) the corvidae, commonly known as crows.
(16)"Game fish" include: (A) Brook trout; (B) brown trout; (C) rainbow trout; (D) golden rainbow trout; (E) largemouth bass; (F) smallmouth bass; (G) spotted bass; (H) striped bass; (I) chain pickerel; (J) muskellunge; (K) walleye; (L) northern pike; (M) rock bass; (N) white bass; (O) white crappie; (P) black crappie; (Q) all sunfish species; (R) channel catfish; (S) flathead catfish; (T) blue catfish, (U) sauger; and (V) all game fish hybrids.
(17)"Hunt" means to pursue, chase, catch or take any wild birds or wild animals: Provided, That the definition of "hunt" does not include an officially sanctioned and properly licensed field trial, water race or wild hunt as long as that field trial is not a shoot-to-retrieve field trial.
(18)"Lands" means land, waters and all other appurtenances connected therewith.
(19)"Migratory birds" means any migratory game or nongame birds included in the terms of conventions between the United States and Great Britain and between the United States and United Mexican States, known as the Migratory Bird Treaty Act, for the protection of migratory birds and game mammals concluded, respectively, August 16, 1916, and February 7, 1936.
(20)"Nonresident" means any person who is a citizen of the United States and who has not been a domiciled resident of the State of West Virginia for a period of thirty consecutive days immediately prior to the date of his or her application for a license or permit except any full-time student of any college or university of this state, even though he or she is paying a nonresident tuition.
(21)"Open season" means the time during which the various species of wildlife may be legally caught, taken, killed or chased in a specified manner and shall include both the first and the last day of the season or period designated by the director.
(22)"Person", except as otherwise defined elsewhere in this chapter, means the plural "persons" and shall include individuals, partnerships, corporations or other legal entities.
(23)"Preserve" means all duly licensed private game farmlands, or private plants, ponds or areas, where hunting or fishing is permitted under special licenses or seasons other than the regular public hunting or fishing seasons. The term "preserve" does not include privately-owned lands that are kept pursuant to article two-h, chapter nineteen of this code for the raising of captive cervids which are to be sold or offered for sale through commercial outlets for human consumption.
(24)"Protected birds" means all wild birds not included within the definition of "game birds" and "unprotected birds".
(25)"Resident" means any person who is a citizen of the United States and who has been a domiciled resident of the State of West Virginia for a period of thirty consecutive days or more immediately prior to the date of his or her application for license or permit: Provided, That a member of the Armed Forces of the United States who is stationed beyond the territorial limits of this state, but who was a resident of this state at the time of his or her entry into such service and any full-time student of any college or university of this state, even though he or she is paying a nonresident tuition, shall be considered a resident under the provisions of this chapter.
(26)"Roadside menagerie" means any place of business, other than a commercial game farm, commercial fish preserve, place or pond, where any wild bird, game bird, unprotected bird, game animal or fur-bearing animal is kept in confinement for the attraction and amusement of the people for commercial purposes.
(27)"Small game" includes all game animals, furbearing animals and game birds except elk, deer, black bears, wild boars and wild turkeys.
(28)"Take" means to hunt, shoot, pursue, lure, kill, destroy, catch, capture, keep in captivity, gig, spear, trap, ensnare, wound or injure any wildlife, or attempt to do so: Provided, That the definition of "take" does not include an officially sanctioned and properly licensed field trial, water race or wild hunt as long as that field trial is not a shoot-to-retrieve field trial.
(29)"Unprotected birds" shall include: (a) The English sparrow; (b) the European starling; and (c) the cowbird.
(30)"Wild animals" means all mammals native to the State of West Virginia occurring either in a natural state or in captivity, except house mice or rats. The term "wild animals" does not include privately-owned cervid and all its subspecies that are kept pursuant to article two-h, chapter nineteen of this code which are to be sold or offered for sale through commercial outlets for human consumption.
(31)"Wild birds" shall include all birds other than: (A) Domestic poultry - chickens, ducks, geese, guinea fowl, peafowls and turkeys; (B) psittacidae, commonly called parrots and parakeets; and (C) other foreign cage birds such as the common canary, exotic finches and ring dove. All wild birds, either: (A) Those occurring in a natural state in West Virginia; or (B) those imported foreign game birds, such as waterfowl, pheasants, partridges, quail and grouse, regardless of how long raised or held in captivity, shall remain wild birds under the meaning of this chapter.
(32)"Wildlife" means wild birds, wild animals, game and fur-bearing animals, fish (including minnows,) reptiles, amphibians, mollusks, crustaceans and all forms of aquatic life used as fish bait, whether dead or alive. The term "wildlife" does not include privately owned cervid and all its subspecies that are kept pursuant to article two-h, chapter nineteen of this code which are to be sold or offered for sale through commercial outlets for human consumption.
(33)"Wildlife refuge" means any land set aside by action of the director as an inviolate refuge or sanctuary for the protection of designated forms of wildlife.
§20-2-11. Sale of wildlife; transportation of same.
No (a) A person, except those legally licensed to operate private game preserves for the purpose of propagating game for commercial purposes and those legally licensed to propagate or sell fish, amphibians and other forms of aquatic life, shall may not purchase or offer to purchase, sell or offer to sell, expose for sale, or have in his or her possession for the purpose of sale any wildlife, or part thereof, which has been designated as game animals, fur-bearing animals, game birds, game fish or amphibians, or any of the song or insectivorous birds of the state, or any other species of wildlife which the director may designate:, Provided, That except for privately owned cervid and all its subspecies that are kept pursuant to article two-h, chapter nineteen of this code which are to be sold or offered for sale through commercial outlets for human consumption. pelts Pelts of game or fur-bearing animals taken during the legal season may be sold and live red and gray foxes and raccoon taken by legal methods during legal and established trapping seasons may be sold within the state: Provided, however, That. The hide, head, antlers and feet of a legally killed deer and the hide, head and skull of a legally killed black bear may be sold.
No (b) A person, including a common carrier, shall may not transport, carry or convey, or receive for such purposes any wildlife, the sale of which is prohibited, if such person knows or has reason to believe that such wildlife has been or is to be sold in violation of this section.
The (c) Each separate act of selling or exposing for sale, having in possession for sale, transporting or carrying in violation of this section shall each constitute constitutes a separate misdemeanor offense. Notwithstanding the provisions of this or any other section of this chapter, any game birds or game bird meats sold by licensed retailers may be served at any hotel, restaurant or other licensed eating place in this state.
(d) The director shall have authority to promulgate rules may propose rules for promulgation in accordance with article three, chapter twenty-nine-a of this code, dealing with the sale of wildlife and the skins thereof.
§20-2-12. Transportation of wildlife out of state; penalties.
(a) A person may not transport or have in his or her possession with the intention of transporting beyond the limits of the state any species of wildlife or any part thereof killed, taken, captured or caught within this state, except as provided in this section.
(1) A person legally entitled to hunt and fish in this state may take with him or her personally, when leaving the state, any wildlife that he or she has lawfully taken or killed, not exceeding, during the open season, the number that any person may lawfully possess.
(2) Licensed resident hunters and trappers and resident and nonresident fur dealers may transport beyond the limits of the state pelts of game and fur-bearing animals taken during the legal season.
(3) A person may transport the hide, head, antlers and feet of a legally killed deer and the hide, head, skull, organs and feet of a legally killed black bear beyond the limits of the state.
(4) A person legally entitled to possess an animal according to section four, article two of this chapter may transport that animal beyond the limits of the state.
(b) The director shall have authority to may promulgate rules in accordance with chapter twenty-nine-a of this code dealing with the transportation and tagging of wildlife and the skins.
(c) A person violating the provisions of this section by transporting or possessing with the intention of transporting beyond the limits of this state deer or wild boar shall be deemed considered to have committed a separate offense for each animal so transported or possessed.
(d) A person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $20 nor more than $300 and be imprisoned confined in jail not less than ten nor more than sixty days.
(e) This section does not apply to:
(1) Persons legally entitled to propagate and sell wild animals, wild birds, fish, amphibians and other forms of aquatic life beyond the limits of the state; and
(2) Privately-owned cervid or any of its subspecies that are kept pursuant to article two-h, chapter nineteen of this code which are to be sold or offered for sale through commercial outlets for human consumption.


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George McDonald Church, Ph.D., HST Affiliated Faculty: George Church is Professor of Genetics at Harvard Medical School and Director of the Center for Computational Genetics. With degrees from Duke University in Chemistry and Zoology, he co-authored research on 3D-software & RNA structure with Sung-Hou Kim. His PhD from Harvard in Biochemistry & Molecular Biology with Wally Gilbert included the first direct genomic sequencing method in 1984; initiating the Human Genome Project then as a Research Scientist at newly-formed Biogen Inc. and a Monsanto Life Sciences Research Fellow at UCSF. He invented the broadly-applied concepts of molecular multiplexing and tags, homologous recombination methods, and array DNA synthesizers. Technology transfer of automated sequencing & software to Genome Therapeutics Corp. resulted in the first commercial genome sequence (the human pathogen, H. pylori, 1994). He has served in advisory roles for 12 journals, five granting agencies and 22 biotech companies. Current research focuses on integrating biosystems-modeling with personal genomics & synthetic biology.
Elizabeth Engle, M.D.: Elizabeth Engle's research focuses on uncovering the genetic causes of common and complex strabismus. In particular, the lab's primary goal has been to understand the molecular basis of a group of pediatric eye movement disorders referred to as the congenital cranial dysinnervation disorders (CCDDs). To that end, research projects in the Engle laboratory include family studies to locate and identify the genes mutated in the various forms of these disorders. Once a gene is identified, they study its normal and abnormal protein product to determine the role of the gene in health and disease.
Mary Elizabeth Patti, M.D.: The overall goal of my laboratory investigation is to understand the pathophysiology of insulin resistance and type 2 diabetes, with a particular emphasis on defining linkages between classical metabolic/nutritional pathways and insulin signal transduction cascades which ultimately lead to alterations in gene expression and diabetes risk.
Dennis Wall, Ph.D.: Dr. Wall is at the Department of Systems Biology at Harvard Medical School as Director of the Computational Biology Initiative (CBI). CBI is building novel tools for biological data interrogation, including using natural language processing to mine medical text, as well as Bayesian networks and graph theory to find structure in biological networks, to support research at the whole of HMS.
Last Reviewed: May 7, 2012

subset: commoncrawl


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Welcome to my blog and the place where I will post my photos and musings from my life as an ultrarunner. My nickname "Shining" was given to me by a group of very special students after I finished my first 100-miler, the Massanutten Mountain Trails 100. They were the inspiration that enabled me to finish this awesome race, and I try to live each day with a "shining" attitude!
Monday, September 22, 2008
Grindstone Training, Week #14, September 15-21
Secluded Farm Trails
Oh, how I love the taper!!! I sleep more, eat more, and begin to plan for race logistics. This week I allowed myself plenty of rest after the tough workouts from last week, and it was a good thing. The weather is starting to cool off now, leaves are falling, and running seems effortless, almost too easy---is that my training or just the cooler fall temps? I hope it's the former, though I certainly don't mind the latter. The 14-day forecast looks like race day will be sunny, lows in the 50s (40s on the ridges) and highs near 80 (low 70s on the ridges). Perfect!
This week was very easy, total mileage in the high-30s, which is fine. I feel very prepared and would like to come into the race very hungry to run, and feeling recovered from the past 14 weeks:
Monday, September 15: Off, sleep late
Tuesday, September 16: Lift upper body and core
Wednesday, September 17: WU 10 minutes, then 2x 2 miles on rolling dirt at tempo pace (7:20) with 2 minutes recovery between, then 30 minutes easy. Total miles, about 8.
Thursday, September 18: Swim 500, run in pool to shake out legs
Friday, September 19: Easy 1.5 hour trail run near my house with my dog, HR below 120. Miles, about 7.
Saturday, September 20: Medium paced trail run with Ryan Henry and Jeff Wilbur on the Rivanna Trail and Ragged Mountain Reservoir trails, 2.5 hours (about 15 miles). Ryan is training for Gstone and he told me his biggest fear is that I will beat him. Have no fear, Ryan! You are in great shape. Have confidence in the training you did all spring and in your 10+ years of running ultras :-) If you start out slow with me, you will have a great race, I promise.
Sunday, September 21: Glorious cool morning! I ran the Carter's Mountain/Secluded Farm trails (above and below) with Bill. I felt great and ran up to the top in my fastest time ever, 12:01. This climb is a steep grade on dirt road which I typically run in 12:30-13:00. The downhill is a real quad trasher and my legs felt great, especially after the harder hill climbs. I absolutely love these trails! After climbing the mountain, we ran the 2-mile boardwalk section all the way to Monticello, then back down to the Secluded Farm Trails for more singletrack fun. Total miles, about 8ish.
Later in the day, we (the family) went back up to Carter's Mountain to buy apples, apple cider, doughnuts, and to soak in the gorgeous afternoon views of the Blue Ridge Mountains. This is one of our favorite family traditions...we have been coming up to Carter's for apples and hay rides ever since the kids were babies. Afterwards, Rusty drove the kids home while I walked down the mountain with Jack via the Secluded Farm trails, about 3 miles. Jack met another Aussie Shepherd on the trail and had a blast playing in the woods (that's him below at 3 months...he's a year old now and much bigger!)
A side note...I thought I'd celebrate the beginning of the Gstone taper phase with a new blog design and layout. I love the blue and green colors and the ability to post pics on the sidebar, too. I lost some of my links in the process of changing over to the new layout, so please send me your links so I can include them.
5 comments:
- Michael at 45 said...
Good Luck next week at Grindstone, I've enjoyed your training, it's been helpful to me. I currently live in Greenville SC and my wife's parents live in Afton. We are planning to come to afton the weekend of Oct 17 and was wondering if there are any scheduled training runs during that time. My blog is http://onemilerunning.blogspot.com/.
- September 23, 2008 at 1:33 PM
- Sophie Speidel said...
Hi Mike,
I'm glad my 14 weeks of rambling on about Gstone has been of help! The program I follow was created for me by my coach and friend Mark Lorenzoni for the Mountain Masochist 50 Mile. I don't have it in Excel, only handwritten for me week by week. I changed it slightly for Gstone by adding more long run days on the race course and adding power line (hill) repeats after the track workouts. The track workouts and tempo runs were specific to a 50+ mile ultra, but I felt I needed more hilly intervals as well, so I ran many threshold runs on hilly roads/trails.
This program has gotten me in great shape for Gstone...but anyone who has run 100 miles will tell you that you can be trained better than anyone else in the race, but if you screw up your nutrition and pace, you are doomed. I found Andy Jones-Wilkins latest post on this topic really helpful (I have a link to his blog on the right).
As for training runs/routes near Afton the weekend of October 17... I love running the AT South from Afton to Humpback Rocks and back (about 18 miles). It is gorgeous. Let me know if you need more info.
Best of luck in your racing!
- September 23, 2008 at 2:21 PM
- Andrew Speidel said...
Ok, that is one cute aussie!
See you in Chi-Town.
- September 23, 2008 at 9:28 PM
- Bedrock said...
Good luck at G-stone. Your training has gone well and you seem to be pumped for the race. I hear that you have yourself a pretty decent pacer too, which should help in the late miles. Glad all is going well. I will actually be up your way this wekeend running GEER. Talk to you soon.
- September 24, 2008 at 10:16 AM
- Thomas Bussiere said...
I enjoyed the details of your training for G-Stone. Looking forward to the race report. What is your food / water plan for the race? This is an area I have struggled in for my races and open to suggestions! Good luck and run strong.
- September 26, 2008 at 8:04 PM


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Richter qualifies for state in swim; Bosselman named best coach in sectional
WARSAW — For the first time in a few years, a Columbia City girls swimmer for the IHSAA state swim meet.Senior Andrea Richter took home first place in the 100-yard butterfly in the sectional in a time of 1:00.53.With the win, Richter received one of the 20 automatic berths to the state meet that goes to each sectional's champion.The honors kept coming for the Lady Eagles. Head Coach Debi Bosselman was named coach of the year for the sectional. She piloted Columbia City to a fifth-place finish, with the Lady Eagles rolling up 225 points. Warsaw captured first place with 352 team points.Columbia City also had two second-place finishes. Sophomore Rylee Hackworth was second in the 200-yard individual medley with a time of 2:22.48. To read the rest of this story, see the Feb. 10 issue of The Post and Mail. Don't have a subscription? Call (260) 244-5153 or subscribe to our e-edition. For breaking news, sports updates and additional coverage, bookmark the homepage and find us on facebook and twitter.


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January 2015 This is the first in a series of NIDA Notes articles that will follow a team of researchers seeking a medication for methamphetamine addiction. This installment describes the early promise of the compound lobeline and the new directions the team discovered in studying it.
October 2014 Dr. Kevin M. Gray discusses why it's the perfect time for discovering new evidence-based treatments for marijuana dependence. In an accompanying podcast, he discusses a clinical trial that examines NAC's potential as a treatment for marijuana dependence among adults.
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May 2014 One of NIDA's goals is to try to understand the individual differences that contribute to whether or not someone who takes a drug will become addicted to it. Dr. Rutter's research focuses on three types of differences: Environmental, developmental, and genetic and epigenetic.
April 2014
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February 2014 California's Proposition 36, which allows qualified drug offenders to enter substance use treatment rather than go to jail or prison, saved the state close to $100 million in its first year.


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Life has a way of catching you off guard. I sat next to Cecil Williams during lunch at the Memphis, Tenn., Agricultural Club meeting April 9. A few days later, I was shocked and saddened to learn he had died.
Cecil Williams' last Ag Club meeting was typical of many the former Agricultural Council of Arkansas executive attended in his 42-year career. (He served as president of the club and was its Agribusiness Professional of the Year.)
He enjoyed a good laugh, often at his own expense, and lunch was filled with the usual banter between Cecil and friends in the club. The latter included a couple of the stories, most of which cannot be printed here, that Cecil seemed to summon from memory at will.
But the serious side also came through. During lunch, Cecil worried cotton farmers would be caught off guard by changes in USDA regulations on who pays for storage when a farmer forfeits cotton in the CCC loan.
Under the new rules, farmers can be billed for warehouse compression fees and storage charges above $2.60 per bale per month. Growers could owe 4 cents to 4.5 cents per pound or, worse, have to pay merchants to redeem the cotton to avoid the charges.
Though he didn't say, Cecil clearly thought someone should be writing about the potential train wreck that may be coming for cotton producers this summer.
One of the organizers of the Producer Steering Committee (now known as the American Cotton Producers), Cecil often went toe-to-toe with merchants, legislators and government bureaucrats when he felt farmers' oxen were being gored.
As Allen Helms, Clarkedale, Ark., producer and former National Cotton Council chairman, said: "In some of our industry segments, he was considered Mother Theresa; in others, he was considered Saddam Hussein."
(There was another side of Cecil that only ag journalists saw. Most of the Southern members of the profession have at least one note from Cecil citing how we had once again butchered the King's English.)
Two weeks before the Ag Club meeting, Cecil stood up in a meeting at the William Jefferson Clinton Presidential Library in Little Rock and told Sens. Blanche Lincoln, D-Ark., Saxby Chambliss, R-Ga., and others farmers needed help to overcome low cotton and rice prices and high energy and seed costs.
I'm told it was vintage Cecil, direct with no mincing of words to leave listeners with any doubt about the rightness of his position or the needs of farmers. Southern agriculture will miss that voice, particularly in the 2007 farm bill debate.
When Cecil retired from being executive vice president of the Agricultural Council of Council after more than 37 years, he told his members, "It was a little scary. I was afraid the sun wouldn't come up the next day."
Cecil finally encountered one of those days when the sun didn't come up, but his legacy will live on.
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Hampton Pond straddles Hampshire and Hampden Counties in western Massachusetts. It lies near the Holyoke town border in Westfield and Southampton. It was, like many such areas, developed in the late 1800s to serve the quick-growing industrial city of Holyoke. In 1903, the electric trolley reached it, ensuring its popularity. A bandshell and lake house were built in the park, and evening dances were held in the summer. For working-class people, a park such as Hampton Pond offered an opportunity to leave the close quarters of the city for inexpensive recreation.
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'Tis the season of giving, but that doesn't mean you should break the bank buying presents for family and friends. U.S. consumers on average plan to spend about $700 on holiday gifts this season, slightly less than last year, according to a recent Gallup poll.
But while upper- and middle-income consumers said they'll trim holiday spending, lower income households—those making less than $30,000 a year—plan to spend more than last year on gifts. Don't let overspending on presents wipe out all of the progress you've made saving, paying off debts and living within limits throughout the year.
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—By CNBC's Sharon Epperson. Follow her on twitter
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Frequent Commentor cow_2001 wrote about this comic: "I know this isn't the greatest xkcd EVAR but still, FINALLY we see hat guy (again) IN action instead of TALKING about his actions. At least that, right? RIGHT?!" It's true I complained about that during the Homerian Epic of a story a few weeks ago I was annoyed that we just heard a laundry list of exploits that weren't so exciting on their own, but isn't this worse? In the second and third panels they plan to kill someone, though we don't find out about it until the 4th panel when he's already dead. And it's a surprisingly violent death, too.
There's a whole discussion on the forums about whether it's ok to make jokes about murder. I say it obviously is ok; I'm of course more offended by lousy comics about murder because they're not funny.
By way of awkwardly segueing into something else I want to talk about, here is another comic that is technically about murder but you just see what happens before and after: Achewood of April 9th, 2003. I don't know how many of you read Achewood (you all should, though), but there was a time when the author had a whole bunch of blogs that he wrote in each character's voice. It was all part of his insane plan to make the achewood world as crazily real as possible. Anyway, he doesn't update it much anymore but I just noticed that the blog of Nice Pete (our murdering friend) has the same layout as this blog, which is both nice and freaks me out a little. THE END.


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>Technical Support>Saving Maps
For some reason unbeknown to me I dont seem to be able to save aplotted route any more. i have no problem plotting a route on a map but now following the same procedure I have always followed the map is not saving into my courses. There is a map there but without the plotted route. Any ideas why?
I wasn't able to reproduce your problem. Which browser are you using?
Firefox I have just tried again to save aroute and it wont work. I can still access al my old saved routes.
Which version of FF are you using? And could you provide me with a list of steps so I can try to reproduce it? Thanks.
I'm not sure what version but i know its not the latest. I assume there is a way of finding this out but I dont know how. Sorry.
When I map out aroute that all works fine however when I come to click save I can only assume that the date
a isnt saved. The route saves into my list of courses but when I click on the route to reopen it it just brings up the map with no route plotted and there is no information carried through to the elevation graph either.
Is there by any chance any progress on this?
I have had no problems on either FF 3.6.27 and 10.0.02.
I cannot attempt to reproduce the problem without knowing the version of your browser and the operating system you're using.
Break on through
I have seen the same thing, I think. Although I use Microsoft Explorer. From what I see, when I create the route and possibly enter the description in the text box, there are two save buttons on the page (you may have to scroll down to see both of them) - theres one near the text box and one below the map. If I hit the Save button that's near the text box, it just saves the text and the map without the route and elevation data. But if , instead, I hit the Save button that's below the map, it saves everything! I hope that helps.
"Not to touch the Earth, not to see the Sun, nothing left to do but run, run, run..."
I cannot reproduce this behavior. Can you try to reproduce this?
Eric, yes - but it seems to make a difference the sequence of steps I take to create and save the map ---- for this one:
I chose the Resources menu and selected Measure route. I then created the route on the map and then hit the Save Map button.
Then I entered the name and notes for the course and hit the save button under the Text box. When I select the course from Training Log - Courses (AAA Test), it just shows the name, notes and map without the route data or elevation data on it.
For this one, however:
I did this sequence:
Resources ---> measure route, hit "Save Map" button, enter course info - name and notes... create course on map... hit Save button below map
WHen I select the course (AAA test 4) from the Training Log - Courses, it shows the route and elevation data on the map.
It also seems to save the route and elevation data when I start from the Training Log summary and choose New Course and then create the route and Save (using either Save button).
(AAA test 5)
Thanks beat I am aware of teh 2 save buttons. I have been using runningahead fro several years and have many routes saved and am not doing anything different in the process I am using now to that which I have always used but some reason it now doesnt work.
I have just tried plotting and saving a map on my work pc (I have no idea what browser it uses or anything like that) Interestingly it has reproduced exactly the same problem Iam able to plot and svae the route with distance and elevation all there but when I thne click on the route in my courses list it pulls through a blank map with no elevation or mileage on it. Help please I'm beginning to think its personal.
Please provide me with a list of steps to reproduce the problem. I was able to reproduce beat's problem by following his directions. Without knowing exactly which page you used to create the map and what you did, I can only guess, which is not an efficient use of my time.
To the extent it may help you diagnose: I noticed that in my saved Courses, I can click the spectacles icon to view one ... and there is no data. 0mi, no elevation info -- nothing. But if I go into my Calendar, find the workout/race that corresponds to that course, click on that, and click the Map tab ... there's my course, with all distance/elevation data intact.
As one example, here's my race from Christmas Eve 2011: Course view v. Map in my Workout.
"I want you to pray as if everything depends on it, but I want you to prepare yourself as if everything depends on you."


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It truly is free to look for over million near by personals for sex in Bluntington
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by C. Nancy Evans
We all know that development can lead to improved services, improved business traffic, higher tax revenue and more. We are also aware of the environmental impact of that same development. This has been a social tug-of-war for decades, at least since Joni Mitchell sang, "Pave paradise and put up a parking lot."
For this reason, it's important to quantify the actual value of open space versus development because, according to reports, the state of Pennsylvania is losing 25 acres a day to development. If that trend continues, there will be very little open space left by 2035. The Chestnut Hill Historical Society wants you to know why their mission of preserving open space is a wise investment and will enhance your life.
Open space enhances home values. That's right – thanks to our open, green environment, your home is worth more. According to the Delaware Valley Regional Planning commission, homes closer to preserved, open space show a definite increase in home value, averaging a minimum increase of $10,000.
This effect is not just for a property on the perimeter of the greenery – the effect encompasses the entire community. How often do you see real estate ads touting the home's proximity to the Wissahickon or to a park or walking trail in Chestnut Hill? Who wouldn't rather live near a protected space versus a highway, and who doesn't understand the premium associated with greenery?
Open space protects our environment by filtering drinking water and cleaning the air, thereby saving us money by letting nature do the mopping up. The DVRPC reports that Southeastern Pennsylvania "realizes nearly $61 million in annual cost savings from protected open spaces' ability to naturally filter pollutants and replenish the water supply, and that the total annual benefit generated by natural flood mitigation services is more than $37 million, while the trees on protected spaces are estimated to provide $17 million in annual air pollution removal."
Think about it: Open space may mean a dry basement for you. Is that specific enough?
Open space means parks, trails, and recreation, which in turn means health benefits to us all (both emotional and physical), and that translates into savings in health related costs, plus less sick days. Who doesn't value the Wissahickon Park and its trails, using them to bike, fish, hike, walk the dog, and enjoy the weather?
Imagine our lives without the park. Where would you go for recreation? L.A. Fitness just isn't the same, and you can't bring the dog! On a more intimate scale, imagine our lives without the scattered protected parcels of land throughout Chestnut Hill that are protected by the Chestnut Hill Historical Society. Our environment would be less walker-friendly, more traffic-congested and far denser without thoughtful development that encourages and protects our greenery.
The Chestnut Hill Historical Society is the first nationally accredited Land Trust whose primary focus is urban parcels. Through the efforts of the joint Easement Committee with the Friends of the Wissahickon, CHHS now holds 36 easements, totaling more than 73 protected acres here in the community.
Many of these parcels conserve meadow and woodland, which create an integration of neighborhood into park, allowing the Wissahickon to spread its fingers right through our neighborhoods, giving us all a feeling of living next to the park.
Chestnut Hill is designated as a historic district on the National Register of Historic Places, which is certainly an honor for our unique architectural heritage, but did you know that this recognition comes without any regulatory protection? That is why the historical society works with the community to preserve what we value and to consider proposed development carefully, because once the open space is gone, it's gone for good, along with all of its benefits.
If you own land that you think might be appropriate for our program and would like to consider an easement, contact Jennifer Hawk, executive director, CHHS at 215-247-0417, x201. The historical society is also searching for a part-time easement coordinator. If you have an interest in land conservation and historic preservation, www.chhist.org" www.chhist.org for a job description and how to apply.
C. Nancy Evans is a board member of the Chestnut Hill Historical Society.


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Avocado Paletas Recipe
The paleta is slightly sweetened and gets its creaminess from the natural avocado oils rather than any dairy.
Reprinted with permission from Paletas: Authentic Recipes for Mexican Ice Pops, Shaved Ice & Aguas Frescas by Fany Gerson, copyright © 2011. Published by Ten Speed Press, a division of Random House, Inc.
- Yield:Makes 8 to 10
- 1 cup water
- 1/2 cup sugar
- 2 small ripe avocados
- Pinch of salt
- 2 tablespoons freshly squeezed lime juice
Combine the water and sugar in a small saucepan and cook over medium-high heat, stirring, until the mixture comes to a boil and the sugar has dissolved. Let cool to room temperature.
Cut the avocados in half lengthwise. Remove the pit and scoop the fl esh into a blender, along with the cooled syrup and salt. Blend until smooth, scraping the sides as needed. Add the lime juice and blend just until combined.
If using conventional molds, divide the mixture among the molds, snap on the lid, and freeze until solid, about 5 hours. If using glasses or other unconventional molds, freeze until the pops are beginning to set (1 1/2 to 2 hours), then insert the sticks and freeze until solid, 4 to 5 hours. If using an instant ice pop maker, follow the manufacturer's instructions.


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Jonathan Davis named president of Martha Jefferson
Sentara Martha Jefferson Hospital is pleased to announce that Jonathan Davis has been named as its new president. Davis, who is currently president of Methodist Charlton Medical Center in Dallas, Texas, will bring a wealth of experience to Sentara Martha Jefferson. He is a skilled leader and has a proven track record of operational success.
"Jonathan greatly impressed us with his insight, maturity and his embrace of the unique culture and spirit of Martha Jefferson," noted Peter Brooks, chair of the Sentara Martha Jefferson Hospital Board of Directors. "Jonathan's experience in managing healthcare facilities in a number of different settings has provided him with an in-depth understanding of the challenges and opportunities Sentara Martha Jefferson will face as we continue to improve on our already strong track record of delivering the highest quality care with affordable economics."
Raised in Little Rock Arkansas, Davis earned a B.S. in physiology from Arkansas State University, an M.A. in physiology from Northern Arizona University and a Master of Public Healthcare Administration from Tulane University. Davis was drawn to the commitment and sense of compassion at Sentara Martha Jefferson.
"The caring tradition really spoke to my personal values and my passion to serve patients, families and the community. I know great outcomes at Sentara Martha Jefferson haven't happened by chance but through the commitment of many, including nurses, physicians, volunteers, leadership, support teams and passionate community members."
As president, Davis will be responsible for accomplishing the strategic priorities of the hospital, as well as continuing to ensure integration with Sentara.
"We are pleased Jonathan is joining the team and look forward to working with him to ensure the continued success of Martha Jefferson," said Howard Kern, president and chief operating officer of Sentara Healthcare. "With his experience working within a healthcare system, he will bring valued insights to the rest of the system."
"My hopes and aspirations for Martha Jefferson are that we serve and improve health in more patients tomorrow than we did today", commented Davis. "My measure of success beyond that is that we, as a high performing team, provide "best in class" care to every person coming through the doors."
Davis and his wife Janet have a son Andrew and a daughter Sydney. Davis is taking over after the retirement announcement made by Jim Haden earlier this year. Davis will officially start in mid-January 2015.


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Instrumental ensembles, conducting, music technology & music education
Debra-Nicole Huber, Conductor in the music performance area in the Department of music is the Director of Instrumental Music Outreach and Associate Director of University Bands.
Huber is the Conductor and Artistic Director of the UMass Lowell New England Youth Wind Ensemble, the New England Junior Wind Ensemble, Director of the Music Technology Lab, and is the Associate Director of University Bands, including the Jazz-Rock Big Band, Pep Band and the Marching Band. She is the Executive Director of the UMass Lowell Mary Jo Leahey Symphonic Band Camp program, now in its 16th year.
As a conductor in the performance area of the University of Massachusetts Lowell's Department of Music, she has taught Conducting, Instrumental Music, and Music Technology over the past 20+ years. In her role as Associate Director of University Bands, Ms. Huber has received recognition from the University of Massachusetts Lowell as Advisor of the Year. Ms. Huber is a 2008 recipient of the Massachusetts Music Education Association's Advocate Award.
Ms. Huber is the recipient of the Roy J. Zuckerberg Endowed Leadership Prize, a University of Massachusetts system-wide award. Huber was the first Lowell-campus recipient and received the award twice (2008-9 and 2009-10). The award is "designed to reward leaders of courage, conviction, and selflessness who have devoted their time and talent to helping the University of Massachusetts to accomplish its goals, granted to faculty or staff of exemplary character with the proven ability to lead others at the University in their field of research, in teaching, or in service to the Commonwealth of Massachusetts and its students. Awardees will have distinguished themselves through their leadership and commitment to the goals and mission of the University of Massachusetts, as well as public education more generally, especially in the impact they have had on the students."
With the award, Huber has commissioned and premiered "Reminiscent Rhapsody" (2009) and in 2010 "All Creatures Great and Small, A Celebration of the Earth" by James L. Hosay and Mind Sets by Dr. Ed Huckeby. She brought James Curnow to campus in 2011.


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The pope, sexuality, and the mainstream media
Pope Benedict XVI has spawned another media tempest related to homosexuality; or at least he threw a bone to a hungry media, who then spawned the tempest. In his annual address to the papal household, in which the pope summarizes the year's events, B16 reflected on World Youth Day and reflected on the church's turn to environmentalism.
But then he made an interesting connection: He argued the church must "protect the human being against self-destruction. It is necessary to have something like an ecology of the human being, understood in the proper manner. It is not a surpassed metaphysics when Church speaks of the nature of the human being as man and woman, and demands that this order of creation be respected. ... That which is often expressed and understood by the term 'gender', is definitively resolved in the self-emancipation of the human being from creation and the Creator" (translation from the Vatican News Service). He then went on to talk about how heterosexual marriage was built into the order of creation.
Now obviously, the pope is making oblique reference to homosexuality, gender theory, and same-sex marriage, and there is an implicit (and, to my mind, unfortunate) suggestion that humanity needs saving from them all. But translated into headlines, however, this small bit of pope-speak becomes:
"Pope says humanity needs 'saving' from homosexuality" (National Post, Canada); "Pope puts stress on 'gay threat'" (BBC); "Save humanity from homosexuality--Pope" (Radio New Zealand). The U.S. media has so far given the issue scant coverage.
I found the best commentary at a blog by Damian Thompson from the UK Telegraph, which has a headline almost worthy of The Onion: "Pope revealed to be Catholic, shock, horror": "Benedict XVI stands accused today of ecclesiastical gay-bashing. When I was woken up very early this morning by a radio station looking for a quote, I was given the impression that he'd given a speech saying homosexuals were as big a threat to the planet as climate change.
"That would have been an own goal, I admit. But look at the text of the Pope's speech to the Curia and he doesn't even come close to saying that. The point Benedict is making is that God's plan for creation encompasses both stewardship of the planet and the expression of human sexual relations within (and only within) marriage."
Of course it would help if I could find the entire text of the speech...


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Though it was their second time visiting Israel, Hewlett resident Alexandra Paul and Jason Lieberman, of North Woodmere, experienced the country like never before with 19 other students through the Science & Start-Up Summer Initiative, an entrepreneurial program that focused on science and technology.
Offered for the first time this summer, students in the program were placed into small groups to develop an innovative idea and researched product development and marketing strategies before creating a product prototype.
Paul, a senior at the North Shore Hebrew Academy High School in Great Neck, lead a group of her peers to design an economical backpack called the Infinity Bag that is customizable by changing the size and usage by adding or detaching extra compartments. "We had several brainstorming sessions and eventually settled on an idea that I came up with," she said. "I was actually CEO of our start-up and I learned a lot about leading a team as well as practical skills that I can apply to my own entrepreneurial ventures."
Lieberman, a junior at North Shore Hebrew Academy High School, also brainstormed with his group and conceived the idea of the Spaceshift, a beanbag chair that converts into a coffee table. "Our target audience was college students who live in small dorms and have little money," he said. "We thought that by combining two products into one, college students could save space and money."
While not busy working on their products, the students stayed at the Art Gallery Hotel in Haifa, and travelled around Israel on weekends to Jerusalem, Acco and Hispin, near the border of Syria. "On my previous trip, I did not experience Israel in the same manner," Paul said. "This country is absolutely incredible; when you're there it's sometimes hard to remember that you are in a country that's about the size of New Jersey and faces numerous hardships — specifically drought and the constant issue of being surrounded on every side by enemies."
Paul said she attempted start-ups of her own over the past few years and decided to join the program, which was based at the Technion-Israel Institute of Technology in Haifa, to nurture her love of creativity and engineering. "I've always embraced the entrepreneurial spirit," she said.
Working in a group environment to come up with a business idea showed Lieberman what it means to be an entrepreneur. "I learned a lot about hard work, motivation and creativity required to create a successful start-up," he said.
In the future, Paul would like to pursue a goal of hers since she was 11. "I plan to become an engineer and hope to attend a college that has a start-up culture in which I believe I'll be able to thrive," she said.
The pair agrees that students who have an interest in invention or business should sign up for the program next summer. "This program is a must," Paul said. "You will not find any other program as inspiring and well thought-out out as this one. You will have the experience of a lifetime!"


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Fritz Haag M-S-R Wehlener Sonnenuhr Spatlese 1998 - infantile, glowing straw/green colour. Starbright. Reticent nose at first but eventually loosening (no doctor pun here) to reveal a slightly baggy (as in corked) nose masking white peach, redcurrant and green apple fruit. The pure and well-delineated palate houses the merest shread of TCA, once again, revealing a lovely mix of typical Mosel "sweet and sour" fruit characters, moderate weight, especially for a Spatlese, excellent texture and good persistence. If not for the TCA, this might rate as Excellent.
Lindeman's Coonawaara Limestone Ridge Shiraz Cabernet 1991 - just a vibe on this one - garnet hue, plummy, smooth, silky, long and satisfying with plenty of nicely meshed American oak. Fully mature. Lovely wine.
Geantet-Pansiot Gevrey-Chambertin 1998 - as one notable scribe will have you believe, 1998 was a total disaster in Burgundy. Somehow this wine forgot to share/respect his thoughts. Good solid medium ruby holding almost to the very outer edge. Effusive, sappy, perfumed nose of spicy dark plums, mixed spice, solid savoury oak input and still with plenty of carry. Several hours after being opened, a bitter chocolate character can be added to the mix. In the mouth, the wine displays admirable pinosity with ripe acids and gritty tannins cushioning the green plum and black cherry fruit, assertive oak, medium- to full-body, exemplary balance and a dry, succulent, lengthy finish. Quite large framed and very serious for a villages. Rated as Excellent, this delightful wine is nowhere near its' zenith. Good job, G-P!


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When you're only playing seven games at best, every game is important, with tonight's Game 2 falling into the critical category for the Yankees. I don't see them climbing out of two-game hole.
Phillies manager Charlie Manuel tabbed Pedro Martinez over Cole Hamels for tonight, citing the former's big-game presence and experience in New York and the later's numbers pitching in Philly. In a duel of aces, Cliff Lee out-dealt CC Sabathia, and with the support of two Chase Utley homers, the Phillies gained early control of the series.
The victory put the Phillies, win or lose tonight, in position of not having to return to New York if they run the table at home. That's doable.
Lee was magnificent last night while Sabathia was good enough to win, but also a bit rusty. Sabathia had his rest. Now, Yankees manager Joe Girardi must decide whether to pitch him in Game 5 on normal rest or Game 4 on short rest. Sabathia pitched well on short rest before, but how long before he's gassed?
Meanwhile, the Phillies, who have a fourth starter, have the luxury of using Lee any manner they desire, and if they go short it would be for Game 7. Regarding starting pitching, the Phillies are deeper.
The Yankees' vulnerability in the bullpen surfaced last night to the tune of four runs. Phil Hughes is not the answer. When given the opportunity, the Phillies went for the throat last night. The game could have been an even greater blowout had they taken advantage of several early chances against Sabathia.
The Yankees are dangerous when down, and it wouldn't be surprising to see them get to Martinez tonight. However, it also wouldn't be a shock for Philadelphia to rough up AJ Burnett.
Yes, the Yankees can still win, but it means doing so on the road. They've won at Minnesota and Anaheim so far in the playoffs, but the Phillies are a clearly better team.