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FIRST SUPPLEMENTAL BRIEF
MUTUAL AID SOCIETY OF AMERICA, INC. 103 Methodist St., Cecilia, KY 42724 Cell: 270-307-4857; Office: 270-862-4537 Skype: 270-872-4493; Fax. 270-862-4379 email: jimmiller5417@gmail.com
July 22, 2011
Mr. Joseph Williams
Associate Regional Counsel Office of Regional Counsel USEPA Region 5 (C-14J) 77 West Jackson Blvd. Chicago, IL 60604-3590 (312) 886-6631 (phone) (312) 692-2965 (fax)
Re: Notice of Dispute on behalf of Mutual Aid Society of America, Inc.; First Supplemental Brief
Dear Mr. Williams: In structuring your review of the denial by EPA of the MASA application for the Carp Catchers Cooperative Commercial Fishery grant of $300,000, please exercise your discretion to provide a complete review of the merits of the MASA application in relationship to the scope of issues relating to the Asian carp invasion threat to the Great Lakes. Sub-paragraph 3 of the APA for EPA states: “(3) The GCDDO, for good cause shown and where there are compelling reasons, or where he/she determines that a dispute raises significant issues of widespread interest to the assistance agreement community, may consider an untimely filed dispute or any other dispute filed by an unsuccessful applicant.” In my opening brief (attached) filed yesterday (the same day I first got a response from the FOIA desk), I raised several issues of national and international importance: The Task Force recommendation for combating the threat of the Asian carp invasion into the Great Lakes was to support the commercial carp fisheries in the Mississippi River Basin National Waters, especially where the populations are rampant such as the Illinois River. The MASA application was the only application to address the issue of depopulation of Asian carp by creating a method of harvesting and processing the Asian carp. The design criteria for the three ships, the Carp Avenger (harvesting ship), the Carpe Carpae (fish processing) and the Carp Ark (flotel for the workers) is complete and ready for development of working plans and specifications. The requested amount of $300,000 falls on the low side of the median applications by five of the competing applicant. The five applications reviewed did not address the issue of depopulation of adult carp which in the Illinois River constitute about 95% of the fish biomass. The treat to the Great Lakes is real as shown by the presence of a few Asian carp and by the carp DNA found in the tributaries leading to the Great Lakes. MASA quantified the amount of fish and Asian carp it would harvest annually. None of the other five applications even addressed this issue. Closing the Chicago Ship Canal has proven impossible using the judicial system and unlikely using the Congressional and Executive branches of the Government. The MASA plan will create about 50 jobs in the shipyard and about 50 jobs in the operation of the fleet of carp catchers. The other five applications mostly continue the employment of already employed academics and a few tribal members. In order to rapidly depopulate the Asian carp in the major rivers, it will likely require four fleets (12 ships) of the class proposed by MASA. At stake is the 7 billion dollar a year Great Lakes fishing industry and the 6 billion dollar tourist industry. Most likely the Canadian fisheries and tourism is likewise threatened. If the Federal Government does not aggressively pursue depopulation of Asian carp by use of commercial fisheries and they invade Canada, the U. S. Government will arguably be in breach of its treaty obligations and may be made to respond in damages to the Canadian interests, including the cost of removal of Asian carp from the Great Lakes and its tributaries in both countries. Sub-paragraph (g) provides: “g. Unsuccessful applicants must be provided with reasonable access to Agency records relevant to the dispute in a manner consistent with the standards contained in the Freedom of Information Act.” During the telephonic debriefing with James Schardt, he mentioned a few points which caused the MASA application to be rejected: The $300,000 appeared to be too low to accomplish the task of preparation of plans and specifications for the shipyard and three ships. The technology of harvesting the fish was not well explained. James E. Miller was the sole principal investigator where other applicants had several, thus creating greater collaboration. The MASA application received the lowest score of 26.04 whereas the successful applications received scores at and above 67.68. Mr. Schardt referred to the MASA proposed fishery as “sampling”. In response to Mr. Schardt's comments summarized above, I stated to him during our hour long conversation: I had invested a year of my time in creating the design criteria, the bill of materials and a great deal of the sourcing and pricing. That I have designed and build houses and other structures, practiced construction law, hold a Bachelor of Science in Agricultural Operations Technology (ag engineering), and would be heavily involved in the design process along with J. Garrett Smith, PE, and the electrical engineer. The term of the project was stated as two years. The technology of harvesting the fish was well stated in the application, consisting of a large net the size of a football field which is first positioned flat on the river bottom, then the carp are “schooled” over the net using chase boats, electroshock and the “danger pheromone”, then the perimeter of the net is raised by filling helium balloons which are attached to the perimeter of the net by lanyards, thus creating a pocket or seine. The fish are “pour” into baskets which rise on an incline ramp, then dumped into hoppers which then distribute the fish to conveyor belt sorting tables. Workers immediately place the native fish into water slide ducts which return them to the water alive and unharmed, while the market carp are directed to the following ship, the Carpe Carpae for processing. All of the elements of the design were disclosed and all are “off the shelf” except for the danger pheromones. Part of the grant is dedicated to developing production of this chemical from the fish waste generated by the fish processing, namely the skin cells which when damaged exude the danger pheromone. The website, Carp Catchers Cooperative, has a much more detailed description of the process than could be contained in the 20 limit for the Narrative Statement. See: http://carpcatchersco-op.wetpaint.com/page/BUSINESS+PLAN+--+A+BRIDGE+OVER+TROUBLED+WATERS As project manager, I am the pivotal responsible person to direct the other professionals. The collaboration across time and distance would be accomplished with the other professionals via conference calls, exchange of emails and digital conferences using “white board” digital sketch pads which are interactive. Shams Rehman who holds a BS and an MS in Computer Science is our professional who will implement this collaboration system. The low score may have been influenced by the lack of knowledge and skills of the reviewers relative to the design and operation of a large scale commercial fishery and greater familiarity with academic studies Unless I am given sufficient insight to the reasons, it will be very difficult to unravel the real reasons for the low score. In this regard, please provide me with all written memorandum, email and notes by each of the persons who participated in the evaluation of the MASA application. Mr. Schardt's reference to “sampling” is curious if not totally irrelevant. 12 million pounds of fish a year of which about 90% will be Asian carp (Silver and Big Head) is not a “sample”. Further, it was pointed out that a full-time fish biologist will be one of the workers on the Carp Avenger during operations, who will keep the census of native fish to carp found in the various reaches of the rivers For these reasons and more which can be gleaned from the MASA application, your inquiry should extend (drill down) to the core ideas, prejudices or lack of knowledge by the reviewers which resulted in the lowest score. During Obama's run for the Presidency, he talked about transparency in government. Now is the time to put EPA's refusal to award MASA a $300,000 grant to the President's test. Respectfully submitted, James E. Miller, BA, BS, JD
[=================================================]
On Fri, Jul 22, 2011 at 2:33 PM, Jim Miller <jimmiller5417@gmail.com> wrote: Mr. Williams,
Thank you for the email. I await the schedule and task list.
Jim Miller
On Fri, Jul 22, 2011 at 10:51 AM, Joseph Williams <Williams.Joseph@epamail.epa.gov> wrote:
Hi Mr. Miller;
I have been assigned as the Grants Competition Decision Dispute Official for this matter. Please send all future correspondence to me instead of Marcy Toney. My primary function in this matter is to investigate the merits of your dispute. I will be sending out a scheduling letter shortly describing how this task will be accomplished.
Joseph Williams Associate Regional Counsel Office of Regional Counsel USEPA Region 5 (C-14J) 77 West Jackson Blvd. Chicago, IL 60604-3590 (312) 886-6631 (phone) (312) 692-2965 (fax)
July 22, 2011
Mr. Joseph Williams
Associate Regional Counsel Office of Regional Counsel USEPA Region 5 (C-14J) 77 West Jackson Blvd. Chicago, IL 60604-3590 (312) 886-6631 (phone) (312) 692-2965 (fax)
Re: Notice of Dispute on behalf of Mutual Aid Society of America, Inc.; First Supplemental Brief
Dear Mr. Williams: In structuring your review of the denial by EPA of the MASA application for the Carp Catchers Cooperative Commercial Fishery grant of $300,000, please exercise your discretion to provide a complete review of the merits of the MASA application in relationship to the scope of issues relating to the Asian carp invasion threat to the Great Lakes. Sub-paragraph 3 of the APA for EPA states: “(3) The GCDDO, for good cause shown and where there are compelling reasons, or where he/she determines that a dispute raises significant issues of widespread interest to the assistance agreement community, may consider an untimely filed dispute or any other dispute filed by an unsuccessful applicant.” In my opening brief (attached) filed yesterday (the same day I first got a response from the FOIA desk), I raised several issues of national and international importance: The Task Force recommendation for combating the threat of the Asian carp invasion into the Great Lakes was to support the commercial carp fisheries in the Mississippi River Basin National Waters, especially where the populations are rampant such as the Illinois River. The MASA application was the only application to address the issue of depopulation of Asian carp by creating a method of harvesting and processing the Asian carp. The design criteria for the three ships, the Carp Avenger (harvesting ship), the Carpe Carpae (fish processing) and the Carp Ark (flotel for the workers) is complete and ready for development of working plans and specifications. The requested amount of $300,000 falls on the low side of the median applications by five of the competing applicant. The five applications reviewed did not address the issue of depopulation of adult carp which in the Illinois River constitute about 95% of the fish biomass. The treat to the Great Lakes is real as shown by the presence of a few Asian carp and by the carp DNA found in the tributaries leading to the Great Lakes. MASA quantified the amount of fish and Asian carp it would harvest annually. None of the other five applications even addressed this issue. Closing the Chicago Ship Canal has proven impossible using the judicial system and unlikely using the Congressional and Executive branches of the Government. The MASA plan will create about 50 jobs in the shipyard and about 50 jobs in the operation of the fleet of carp catchers. The other five applications mostly continue the employment of already employed academics and a few tribal members. In order to rapidly depopulate the Asian carp in the major rivers, it will likely require four fleets (12 ships) of the class proposed by MASA. At stake is the 7 billion dollar a year Great Lakes fishing industry and the 6 billion dollar tourist industry. Most likely the Canadian fisheries and tourism is likewise threatened. If the Federal Government does not aggressively pursue depopulation of Asian carp by use of commercial fisheries and they invade Canada, the U. S. Government will arguably be in breach of its treaty obligations and may be made to respond in damages to the Canadian interests, including the cost of removal of Asian carp from the Great Lakes and its tributaries in both countries. Sub-paragraph (g) provides: “g. Unsuccessful applicants must be provided with reasonable access to Agency records relevant to the dispute in a manner consistent with the standards contained in the Freedom of Information Act.” During the telephonic debriefing with James Schardt, he mentioned a few points which caused the MASA application to be rejected: The $300,000 appeared to be too low to accomplish the task of preparation of plans and specifications for the shipyard and three ships. The technology of harvesting the fish was not well explained. James E. Miller was the sole principal investigator where other applicants had several, thus creating greater collaboration. The MASA application received the lowest score of 26.04 whereas the successful applications received scores at and above 67.68. Mr. Schardt referred to the MASA proposed fishery as “sampling”. In response to Mr. Schardt's comments summarized above, I stated to him during our hour long conversation: I had invested a year of my time in creating the design criteria, the bill of materials and a great deal of the sourcing and pricing. That I have designed and build houses and other structures, practiced construction law, hold a Bachelor of Science in Agricultural Operations Technology (ag engineering), and would be heavily involved in the design process along with J. Garrett Smith, PE, and the electrical engineer. The term of the project was stated as two years. The technology of harvesting the fish was well stated in the application, consisting of a large net the size of a football field which is first positioned flat on the river bottom, then the carp are “schooled” over the net using chase boats, electroshock and the “danger pheromone”, then the perimeter of the net is raised by filling helium balloons which are attached to the perimeter of the net by lanyards, thus creating a pocket or seine. The fish are “pour” into baskets which rise on an incline ramp, then dumped into hoppers which then distribute the fish to conveyor belt sorting tables. Workers immediately place the native fish into water slide ducts which return them to the water alive and unharmed, while the market carp are directed to the following ship, the Carpe Carpae for processing. All of the elements of the design were disclosed and all are “off the shelf” except for the danger pheromones. Part of the grant is dedicated to developing production of this chemical from the fish waste generated by the fish processing, namely the skin cells which when damaged exude the danger pheromone. The website, Carp Catchers Cooperative, has a much more detailed description of the process than could be contained in the 20 limit for the Narrative Statement. See: http://carpcatchersco-op.wetpaint.com/page/BUSINESS+PLAN+--+A+BRIDGE+OVER+TROUBLED+WATERS As project manager, I am the pivotal responsible person to direct the other professionals. The collaboration across time and distance would be accomplished with the other professionals via conference calls, exchange of emails and digital conferences using “white board” digital sketch pads which are interactive. Shams Rehman who holds a BS and an MS in Computer Science is our professional who will implement this collaboration system. The low score may have been influenced by the lack of knowledge and skills of the reviewers relative to the design and operation of a large scale commercial fishery and greater familiarity with academic studies Unless I am given sufficient insight to the reasons, it will be very difficult to unravel the real reasons for the low score. In this regard, please provide me with all written memorandum, email and notes by each of the persons who participated in the evaluation of the MASA application. Mr. Schardt's reference to “sampling” is curious if not totally irrelevant. 12 million pounds of fish a year of which about 90% will be Asian carp (Silver and Big Head) is not a “sample”. Further, it was pointed out that a full-time fish biologist will be one of the workers on the Carp Avenger during operations, who will keep the census of native fish to carp found in the various reaches of the rivers For these reasons and more which can be gleaned from the MASA application, your inquiry should extend (drill down) to the core ideas, prejudices or lack of knowledge by the reviewers which resulted in the lowest score. During Obama's run for the Presidency, he talked about transparency in government. Now is the time to put EPA's refusal to award MASA a $300,000 grant to the President's test. Respectfully submitted, James E. Miller, BA, BS, JD
[=================================================]
On Fri, Jul 22, 2011 at 2:33 PM, Jim Miller <jimmiller5417@gmail.com> wrote: Mr. Williams,
Thank you for the email. I await the schedule and task list.
Jim Miller
On Fri, Jul 22, 2011 at 10:51 AM, Joseph Williams <Williams.Joseph@epamail.epa.gov> wrote:
Hi Mr. Miller;
I have been assigned as the Grants Competition Decision Dispute Official for this matter. Please send all future correspondence to me instead of Marcy Toney. My primary function in this matter is to investigate the merits of your dispute. I will be sending out a scheduling letter shortly describing how this task will be accomplished.
Joseph Williams Associate Regional Counsel Office of Regional Counsel USEPA Region 5 (C-14J) 77 West Jackson Blvd. Chicago, IL 60604-3590 (312) 886-6631 (phone) (312) 692-2965 (fax)
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