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About NCVA
Founded in 1986, the National Congress of Vietnamese Americans is a 501(c)(3) nonprofit community advocacy organization working to advance the cause of Vietnamese Americans in a plural but united America – e pluribus unum – by participating actively and fully as civic minded citizens engaged in the areas of education, culture and civil liberties.


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NCVA eREPORTER - March 22, 2005

In this NCVA eReporter:

Events

FUNDING OPPORTUNITIES

JOBS/INTERNSHIPS

TIPS/RESOURCES

NEWS

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EVENTS

ONLINE SURVEY ON ASIAN AMERICAN EXPERIENCES OF RACISM & ITS PSYCHOLOGICAL IMPACT

We are Professors in the Department of Counseling at San Francisco State University. We are doing a online study on the experiences of Asian Americans with racism and its psychological impact. Since this topic has not been studied very much in the field of psychology, we are hoping to document the types of racism that Asian Americans encounter, the psychological outcomes of these experiences as well as how they cope with racism.

You must be 18 years of age or older to participate and identify yourself as Asian American.

This study is completely confidential, anonymous and voluntary. You can discontinue your participation at any time without penalty.

If you are interested, this is what is involved:

1.  Please click the button below to link to the study's website.

2.  At the website, you will be asked to read the consent page to indicate whether you are willing to participate in this study.

3.  If you agree to participate, you will be directed to complete the surveys involved in the current study.

4.  This study is made up of different surveys that begin with instructions on completing each of the surveys. Please complete the surveys as directed.

5.  The surveys take approximately 20 minutes to complete.

6.  After completing the survey, you will be provided with a detailed explanation of the study.

If you know of other individuals who may be interested in participating in the current study, please feel free to distribute this email

If you have any further questions about the study, you may contact Dr. Alvarez at aalvarez@sfsu.edu or (415) 338-1690 or you may contact Dr. Patel at npatel@sfsu.edu or (415) 405-2141. Questions about your rights as a study participant, or comments or complaints about the study, may also be addressed to the Office for the Protection of Human Subjects at (415) 338-1093 or protocol@sfsu.edu.

Click Below to Participate in the Study:

http://www.surveymonkey.com/s.asp?u=66970820289

THANKS FOR YOUR TIME.

Alvin N. Alvarez, Ph.D
Department of Counseling
Burk Hall 536
San Francisco State University
1600 Holloway Avenue
San Francisco, CA 94132
PHONE: (415) 338-1690
FAX:      (415) 338-0594
EMAIL:        aalvarez@sfsu.edu

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REGISTRATION OPEN FOR THE 2005 NATIONAL YOUTH SUMMIT, JULY 28-30, IN WASHINGTON, DC

Nearly 1,000 people from across the country will participate in this preeminent youth development event including: youth, faith-based and community leaders, youth professionals, advocates, policy makers, and educators. This year, the National Youth Summit, titled “Youth in Action—Making a Difference,” is for America’s dynamic young people as well as the adults who work with, learn from and support them... The National Youth Summit will focus on ways youth can and are making their voices heard through public policy, the economy, community service, and creativity. Youth and adults will explore how to build and maintain meaningful partnerships that strengthen communities. Together, they will participate in interactive workshops, attend networking events, hear from special guest speakers, and enjoy youth entertainment. For more details about the National Youth Summit or to register online, visit: www.ncfy.com and click on the Summit logo, or call: 301-608-8098.  The National Youth Summit will be held at the Marriott Wardman Park Hotel in Washington, DC from July 28-30, 2005.

(www.ncfy.com)

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FUNDING OPPORTUNITIES

VHA HEALTH
CARE GRANTS

The VHA Health Foundation is offering $100,000 to $250,000 grants for innovative programs in healthcare.

Nonprofit healthcare providers such as hospitals, clinics, and group medical practices are encouraged to apply for the grants. Programs should operate at the local level and be ready to implement or refine an existing program in health or health care, such as prevention or raising awareness of health issues.

Deadline for letters of intent is April 18. Full applications are due May 13. To apply, and for more information, visit the VHA website. Awards will be given out in September.

(http://www.vhahealthfoundation.org/vhahf/default.asp)

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DOMESTIC VIOLENCE PREVENTION GRANTS

April 26 is the deadline for the Center for Disease Control and Prevention's "Domestic Violence Prevention Enhancement and Leadership Through Alliances (DELTA) Program" grants.

Nonprofit organizations are eligible to apply for the DELTA grants, which will amount between $125,000 and $220,000. The program seeks to integrate violence-prevention programs at the local level and reduce intimate-partner violence.

Approximately nine grants will be awarded in 2005. Funding will begin on Sept. 30. More information on eligibility and applications can be found online.

(http://www.fedgrants.gov/Applicants/HHS/CDC/PGO/CDC-RFA-05039/Grant.html)

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TARGET COMMUNITY GIVING PROGRAM AVAILABLE FOR APPLICATIONS NOW

The Target Community Giving Program supports nonprofit organizations in the communities where the company's stores are located. There are currently stores in every state except Vermont, Alaska, and Hawaii. The company's grants focus on the following three areas: accessible arts for families, family violence prevention, and early childhood reading. Most grants average between $1,000 and $3,000. Applications will be accepted between March 1 and May 31, 2005, with early application encouraged. Application information is available on the website at:

(http://target.com/target_group/community_giving/local_giving.jhtml)

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OUTSTANDING VOLUNTEERS SOUGHT FOR SPIRIT OF SERVICE AWARD

The Corporation for National and Community Service announced a national call for nominations for the 2005 Spirit of Service Awards, which pay tribute to outstanding participants in each of the Corporation's programs - Senior Corps, AmeriCorps, and Learn and Serve America. The awards will be presented to the winners during a special ceremony at the National Conference on Volunteering and Service, August 4-6, in Washington D.C. Nominees must exemplify the spirit of national service, demonstrate exceptional service or leadership, and serve as role models for others in their community.  Please visit: www.nationalservice.org/spiritofservice for nomination guidelines and to apply online.  To request a hard copy of the nomination guidelines, call (202) 606-5000 ext. 282. The deadline for applications is 5:00 pm Monday, May 2, 2005.

Nominations can be emailed to: spiritofserviceawards@cns.gov or faxed to: 202-565-2824. The Corporation for National and Community Service provides opportunities for Americans of all ages and backgrounds to serve their communities and country through Senior Corps, AmeriCorps, and Learn and Serve America. Together with the USA Freedom Corps, the Corporation is working to build a culture of service, citizenship, and responsibility in America.

(www.nationalservice.org)

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GRANTS SUPPORT WILDLIFE CONSERVATION EDUCATION EFFORTS

The Nature of Learning Grants Program

The Nature of Learning Grants Program, administered by The National Fish and Wildlife Foundation, will provide support to organizations interested in initiating or expanding The Nature of Learning initiative in their communities. This environmental education initiative promotes awareness, appreciation, and understanding of the role that the National Refuge System plays in the conservation of wildlife. Grants of up to $5,000 will be awarded to support start-up expenses associated with new programs. In addition, grants of up to $3,000 will be awarded to provide continued support to existing Nature of Learning programs. Schools or nonprofit organizations, including "Friends" groups, Audubon chapters, conservation organizations, and nature centers, etc. are eligible to apply for funding. Applications must be postmarked by June 15, 2005.

(http://www.nfwf.org/programs/tnol.htm)

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FUNDRAISING SUPPORT AVAILABLE FOR LOCAL ORGANIZATIONS
AND SCHOOLS

Wal-Mart Foundation: Community Matching Grant Program

The Wal-Mart Foundation's emphasis is on local community programs that improve the quality of life in Wal-Mart communities. Through the Community Matching Grant Program, company associates are able to direct their charitable giving to the causes and organizations that are most important in their own communities. The program allows local nonprofit organizations to hold fundraisers at their local Wal-Mart or SAM'S CLUB, with the store matching a portion of the funds raised up to $1,000. Community-based nonprofit organizations are eligible to apply for this program as well as organizations such as public schools, churches, and government agencies. There are no deadlines for the program. To learn more about receiving a Community Matching Grant from your local Wal-Mart or SAM'S Club, see the Community Involvement Coordinator at the location closest to you.

http://www.walmartfoundation.org/wmstore/goodworks/scripts/index.jsp ()

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FUNDING FOR UNMET HEALTHCARE NEEDS

Tenet Healthcare Foundation

The Tenet Healthcare Foundation seeks to improve the lives of people in the communities served by Tenet hospitals by funding nonprofit organizations that address unmet healthcare needs. (A map of Tenet facilities is available on the company's website.) The Foundation has identified the following three issues in health care that will be the emphasis of Foundation grantmaking efforts this year: the nursing shortage that is affecting the delivery of health care; the challenge of providing medical needs of the uninsured; and, the ongoing effort to improve the quality of care and patient safety at hospitals. Applications are accepted at any time.

(http://www.tenethealth.com/TenetHealth/TenetFoundation)

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AWARDS RECOGNIZE INNOVATIONS IN THE JUSTICE SYSTEM

Foundation for the Improvement of Justice

The Foundation for the Improvement of Justice works to improve local, state, and federal systems of justice through an annual awards program. Up to ten nominees in selected categories are awarded $10,000 for innovative programs that have proven to be effective and can serve as models for others. Both organizations and individuals are eligible to receive awards, which are for accomplishments, not for future projects. The deadline for nominations is June 1, 2005.

http://www.justiceawards.com ()

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FUND FOR PROGRAMS THAT BENEFIT YOUTH

American Legion Child Welfare Foundation

The American Legion Child Welfare Foundation provides support for projects that contribute to the welfare of children through the dissemination of knowledge about new as well as well-established programs designed to benefit youth. Grants must have the potential of helping American children in a large geographic area (more than one state). Grants have ranged from $1,500 to $70,000, with an average of around $20,000. Applications are mailed to requesting organizations from April 1 through July 1; the application deadline is July 15.

(http://www.cwf-inc.org/)

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SUPPORT FOR ENVIRONMENTAL
AND CULTURAL HARMONY PROGRAMS

The Laura Jane Musser Fund

The Laura Jane Musser Fund supports nonprofit organizations nationally in the areas of solving environmental problems/encouraging environmental stewardship and promoting intercultural harmony. The Fund also supports rural initiatives in the states of Colorado, Hawaii, Minnesota, New York, and Wyoming. Support in all three categories is generally provided for projects that are new, or within the first three years of operation. Grants typically range from $1,000 to $35,000. The application deadline for the intercultural harmony and rural initiative categories is May 1, and the deadline for the environment category is September 1.

(http://www.musserfund.org/)

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THE CONSERVATION FUND: INTERNATIONAL PAPER ENVIRONMENTAL AWARDS

International Paper, in partnership with The Conservation Fund, recognizes the efforts of people across the country working to protect the future of America's outdoor heritage. Each year, the partners present two awards to individuals whose work demonstrates that a healthy environment and a healthy economy are mutually supportive. The deadline for nominations for the Conservation Partnership Award and the Environmental Education Award is April 15, 2005.

(http://www.conservationfund.org/?article=2331)

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WORLD OF CHILDREN AWARDS HONOR ORDINARY PEOPLE

The World of Children Awards honor ordinary people doing extraordinary work on behalf of children. Each year World of Children places a global Call for Nominations seeking to identify selfless individuals whose unwavering commitment to children makes the world a better place for children to live and succeed. The deadline for submitting nominations is Monday, April 25, 2005.

(http://worldofchildren.org/nominations/default.aspx)

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VHA HEALTH FOUNDATION ANNOUNCES 2005 CALL FOR PROPOSALS

Creating Better Health Through Innovation, the VHA Health Foundation is challenging health care providers across the country to submit their best, most innovative programs for funding consideration. The Foundation will award grants ranging from $100,000 to $250,000 to support promising initiatives at the local level that represent a novel and/or significantly better approach to solving a problem or need related to health and/or health care. The Letter of Intent deadline is April 18, 2005. Invitations to submit full proposals will be issued May 13, 2005.

(http://www.marketwire.com/mw/release_html_b1?release_id=82211)

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LOCAL INDEPENDENTS COLLABORATING WITH STATIONS

Local Independents Collaborating with Stations (LInCS) provides matching funds (up to $100,000) to partnerships between public television stations and independent producers. To apply for LInCS funds, independents must first approach a public television station and establish a partnership. Single shows in any genre will be considered. Projects may be in any stage of development. The application deadline is May 26, 2005.

(http://www.itvs.org/producers/lincs_guidelines.html)

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ENTERGY CORPORATION INVITES APPLICATIONS FOR PARTNERSHIP PROGRAM

Entergy Corporation invites applications for the 2005 Entergy Partnership Grant Program. Entergy will team up with schools, and nonprofit and civic organizations to help build stronger, more productive communities through grants of up to $1,000 for programs involving education and literacy, community enrichment, low-income residents, and healthy families. Grants will be awarded to nonprofit organizations in Arkansas, Louisiana, Mississippi, and Texas. The application deadline is April 26, 2005.

(http://www.entergy.com/Corp/Community/cpGrant_Guidelines.asp)

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JOBS/INTERNSHIPS

YOUTHNET PROGRAM OF FAMILY HEALTH INTERNATIONAL INTERNSHIP

The YouthNet program of Family Health International (FHI) announces an eleven-week internship program designed to give current or recent undergraduate and graduate university students from developing countries experience in designing, implementing, and evaluating youth reproductive health (YRH) and HIV/AIDS programs.  A maximum of six positions, based in the Washington, DC, area are available.  The internship program will run from May 30 to August 12, 2005.

(http://www.fhi.org/en/Youth/YouthNet/ProgramsAreas/YouthInvolvement/internapplication.htm)

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PRESIDENTIAL FREEDOM SCHOLARSHIPS AVAILABLE
NOW

The Presidential Freedom Scholarship program recognizes high school juniors and seniors for their outstanding leadership and commitment to their communities by offering a $1,000 scholarship for college. The program, administered by Learn and Serve America at the Corporation for National and Community Service, provides $500, which must be matched with $500 from a community organization or business and secured by the high school.  Students who complete at least 100 hours of community service, either through a school-based service-learning program or independently, are eligible to receive the scholarship. Each high school in the nation may select up to two students who have met or exceeded these requirements. This year the Corporation for National and Community Service is offering up to 7,800 scholarships.

Certification forms completely submitted by April 1, 2005, are eligible for early notification. All other certification forms must be submitted by the final postmark deadline of July 1, 2005. For more information please visit: www.cns.gov/scholarships.

(www.cns.gov/scholarships)

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TIPS/RESOURCES

SUCCESSFUL STRATEGIES FOR RECRUITING, TRAINING,
AND UTILIZING VOLUNTEERS: A GUIDE FOR FAITH AND COMMUNITY-BASED SERVICE PROVIDERS

The publication is a handbook designed for community groups and faith-based organizations seeking to maximize the skills of their volunteers, expand their services to the community, and enhance their effectiveness.

Information provided includes five chapters that outline five steps for implementing an effective volunteer program - planning, recruiting, training, managing and evaluating. Principals discussed can be applied to any field and should help organizations developing a volunteer program.

http://store.health.org/catalog/productDetails.aspx?ProductID=17055

Publication date: February 2005
Source:

SAMHSA's National Clearinghouse on Alcohol and Drug Information (NCADI)
11420 Rockville Pike
Rockville, MD 20852
Phone 800-729-6686
Fax 301-468-6433

(http://store.health.org/catalog/productDetails.aspx?ProductID=17055)

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March 22, 2005

NEW USPS RULES THREATEN HUGE POSTAGE COSTS FOR NONPROFIT MAILERS

The item below was written by Neal Denton, executive director of The Alliance of Nonprofit Mailers, Washington, D.C. Some items were included by NPT staff.

The United States Postal Service (USPS) is implementing a final, new eligibility rule on June 1. The new rules govern what is considered "personal" mail content and thus must be mailed at First Class postage rather than Standard postage rates. For many nonprofit fundraisers, educators, and those that use the mail to communicate with constituents for any purpose other than fundraising, the subtle changes to the new rules are very significant.

These final rules were developed from the fight that went on more than a year ago, when USPS rules flew in the face of accounting rules SOP 98-2 for how charities allocate costs between fundraising and education. Charities face a Hobson's Choice -- adhere to accounting rules and get nailed by the post office, or don't adhere and get hammered by the rating agencies.

If you include any data fields in your mail piece other than name, address or date, your mail piece is subject to the new interpretations. That includes:

*  Contribution levels;
*  “Member" or "supporter since";
*  Specific fields relating to constituent participation in walkathons, volunteer programs, church committees, etc.;
*  Alumni information such as year of graduation, type of degree, etc.

Anything other than name, address or date will be considered "personal" by the USPS and, subject to the new interpretation, must contribute directly to a solicitation and have no other purpose.

There are three important realities to understand:

*  Your mailing might have been perfectly appropriate and in compliance on May 31. However, new interpretations could make you subject to First-Class rates on June 1.
*  You might not even know that you owe the difference between First-Class and Standard rates (could be more than 25 cents per one-ounce piece) until USPS classification officials send you an after-the-fact revenue deficiency notice. At that point the piece has been mailed and you have no options but to pay or sue.
*  Most nonprofits will not review the rule changes or suspect any problems with mailings until they are served with a revenue deficiency notice.

Have you had a chance to look over your mailings and determine if they'll be eligible for nonprofit rates on June 1? A good place to begin is the Alliance Web site at www.nonprofitmailers.org/tools/page3d-g.html. That page reviews the process conducted by the USPS and has the latest version of the rules and the very important "customer support rulings" that drill down into the specifics of mail piece design and the actual content that will be allowed to maintain preferred postal rate status.

Most frustrating is that the USPS is "clarifying" whether mail pieces containing personal information may be mailed at Standard Rates and what must be mailed at First-Class -- without really ever defining personal information. The only definition that is the one listed above: Anything other than name, address or date might be considered "personal" and subject to the new interpretation. Under the final rule, any personal information must be used to support only the solicitation material in the communication -- with no regard for the primary purpose of the nonprofit or basic principles of direct mail fundraising.

From now until June 1, there remain many questions about the rule and its impact on organizations. Will mailers be able to use "personal" information about members in renewal letters and other communications that aren't solicitations? Who determines when "personal" information that is included as part of the solicitation might have an "additional use" to the recipient? The USPS will be looking for indications of more than one use for any "personal" information included in the mail piece -- explicit or implicit.

Because the USPS is insisting that the mailer must not identify any further uses for the personal information; leave that to the recipient. For example, don't say: this is a "receipt" or this in an "invoice." The USPS considers those to be First Class material.

The only way to be certain that a mail piece remains eligible for Nonprofit Standard rates seems to be to submit the entire piece to the new national Pricing and Classification Service Center (PCSC) in New York. To learn more about this USPS offering, contact Greg Hall at (212) 613-8676. A complete listing of contact information for the PCSC and the district business mail entry offices is available in DMM 58, section G042, on the USPS Web site at http://pe.usps.gov/.

(http://www.nptimes.com/enews/Mar05/news/news-0305_3.html)

(www.nonprofitmailers.org/tools/page3d-g.html)

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FINANCE – STEPS TO FRAUD-RISK REDUCTION

Reducing fraud risks can be accomplished with a few well-managed steps.

Char Davies, founding partner of Seattle-based regional accounting firm Jacobson Jarvis and Co., suggested a few measures nonprofits could take to prevent fraud, during a recent nonprofit accounting conference.

* Every month have all bank and investment accounts received unopened by knowledgeable, responsible individuals outside the accounting function.

* Review the statements for real checks on organization check stock, authorized and real signatures, unusual or unknown vendors, unusual amounts, unusual endorsements.

* Reconcile all bank and investment accounts to the general ledger by a knowledgeable and skilled person outside accounting function. These steps provide assurances that cash and investment accounts are reconciled promptly and correctly and that cash and investment accounts are stated correctly on reports and balance sheet.

* One way to prevent the fake check scheme is to establish a "positive pay" system in which the bank pays only pre-authorized checks.

* Closely monitor bank account activity and reconcile accounts immediately.

If a fraud is discovered, according to Davies:

* Protect accounting records from being destructed

* Ensure any personnel action is taken based on employee not following policies and procedures and not based on suspected fraud.

* Immediately notify insurance carrier and legal counsel.

* File a police report.

(http://www.nptimes.com/enews/tips/finance.html)

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HUMAN RESOURCES – COMMUNICATING EMPLOYEES’ EXPECTATIONS

Want to get more out of your employees? Make sure they know what you expect of them. Joan Pastor, president of JPA International, a management and organizational development company, gave the following tips during a recent accounting conference:

* The manager is 100 percent accountable for the employee understanding the communication.

* Check with employees to make sure they understand what is expected.

* Messages that explain why an employee is expected to behave or perform in a particular manner are more readily understood and acted on.

* Mutually set expectations are more likely to be met.

* Formally document the performance that is expected.

Does the employee have the necessary skills is another important question, according to Pastor. Pastor suggested setting up a training program that verifies skills have been mastered. To create a simple yet effective training program, Pastor gave the following tips:

* List the knowledge, skills and experience needed to be successful in a job.

* Determine the person best suited to do the training.

* Trainee must verify they have mastered the skill.

* Trainer should sign off to verify training took place.

* The manager should sign off that an adequate level of skill has been reached.

* Place the sign off file in employee's file for further reference.

(http://www.nptimes.com/enews/tips/humanres.html)

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REPORT FOCUSES ON VOLUNTEER PROGRAMS


Balancing Act: The Challenges and Benefits of Volunteers

The nonpartisan Urban Institute publishes studies, reports, and books on timely topics worthy of public consideration. "Balancing Act: The Challenges and Benefits of Volunteers" is the fourth in a series of briefs reporting on findings from a 2003 survey of volunteer management capacity among charities and congregations. The findings are based on conversations with a systematic sample of charities about their practices, challenges, and aspirations for their volunteer programs. The focus of this brief is the creation and use of a single measure of volunteer benefits and management challenges, a score referred to as "net benefits."

(http://www.urban.org/url.cfm?ID=411125)

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NEWS

March 14, 2005

REPORT: 112 LANGUAGES SPOKEN IN DIVERSE REGION

Tyche Hendricks, Chronicle Staff Writer

Most residents of the San Francisco metropolitan area won't be surprised that the region is one of the most linguistically diverse in the country, yet a new report based on U.S. Census data tallies a dizzying 112 languages spoken in homes here, making it the fifth most linguistically varied metro area in the nation.

In addition to the most frequently used languages -- English, Spanish, Chinese, Tagalog and Vietnamese -- there are thousands of Bay Area residents who speak Persian, Portuguese and Punjabi, and hundreds more who feel most at home with Swahili, Yiddish and Navajo.

Under census classifications, the San Francisco metropolitan area includes the counties of Alameda, Contra Costa, Marin, San Francisco and San Mateo. The San Jose metropolitan area -- the counties of Santa Clara and San Benito -- has 103 languages represented, putting it at ninth out of 195 regions around the country.

San Francisco's diversity is eclipsed only by that in the metropolitan regions of Los Angeles, New York, Seattle and Chicago.

The report, derived from information in Census 2000, was produced by the U.S. English Foundation, a Washington, D.C., group that seeks to make English the official language in the United States.

"There's always a lot of discussion that we're an English and Spanish country, but we wanted to show that we're many more languages," said Rob Toonkel, a spokeswoman for the U.S. English Foundation. "It is a diverse society from a language perspective and we have to make sure that everyone can speak English, rather than separate people along linguistic lines."

But many local experts in language acquisition say the emphasis of the U. S. English Foundation -- which is backing a bill in Congress, HR997, to make English the country's official language -- is misguided.

"When they say 'English first' or 'English only,' it seems to put out the argument that people are not learning English, but immigrants are learning English more than ever," said Debra Luna, an assistant professor of education at San Francisco State University. "People are eager to learn because they know it's the doorway to better wages and a better standard of living."

Nonetheless "language is connected to identity, self-esteem, tradition and family ties," she said. "That's why we as a (teacher) credentialing program support language diversity and understanding that we're living in a global world."

At the Institute for International Students at San Francisco City College, two staff members say the region's diversity only adds to its cultural richness.

Thi Thi Ma, an English teacher with a master's degree in applied linguistics from UCLA, was born and raised in Vietnam, where she learned Vietnamese at school and three Chinese dialects at home.

Michele Zimmerman, the institute's activities director, was raised in Germany by American parents. At her international school, she learned German, English and French, then went on to add Italian and -- after marrying a man from Uruguay -- Spanish.

"In Europe, there's more emphasis on learning different languages," Zimmerman said. "I don't see anything wrong with doing that here."

Added Ma, "Being surrounded by languages really promotes cultural awareness."

Toonkel said her group is not against multilingualism but insists that English must receive more emphasis or the U.S. risks losing its civic unity. For starters, she said, government agencies should stop producing voter registration forms and other materials in multiple languages.

"We want government to focus on a language policy that says our language is English," Toonkel said. "In an area that speaks 112 languages, unless you're going to provide information in 112 languages, you're starting to leave people out."

And she applauded laws such as California's Proposition 227, a ballot measure passed in 1998 that requires schools to do away with bilingual education and channel English learners into mainstream English-only classrooms.

Ron Unz, the author of Prop. 227, said that English is becoming the world's unofficial language and argued that his measure has been more effective at promoting English proficiency than Proposition 63, a 1986 ballot measure called the California English Language Amendment, had been.

"For almost 20 years, English has been the official language of California, but that didn't have anything to do with the schools teaching English," he said. "Prior to 227, a good fraction of students in school were not really being taught that much English."

But Patricia Gándara, a UC Davis professor of education, said that in abolishing bilingual education, Prop. 227 dismantled an important tool in helping immigrant students catch up with their peers.

"I'm in total agreement that all children here must learn English," she said. "What the research community is interested in is how do we provide them the best opportunity to speak English and the best opportunity to make it through school."

Society ought to view the primary languages immigrant children bring to school as resources, rather than liabilities, Gándara said. She added that the U.S. English Foundation's emphasis on the multiplicity of languages in a place like San Francisco ignores the fact that in many cases, just a couple of foreign tongues are dominant.

"We have a great diversity of languages in this country and in this state, however it remains a fact that about 85 percent of those kids speak one language: Spanish," she said.

That means that in a place where Spanish is dominant, teachers can use it effectively in the classroom, she said, just as they can use Armenian effectively in a community where that language is prevalent. She added that educators have other strategies to draw on when there are multiple languages in one classroom.

But Toonkel insisted that for immigrants to succeed in America, English must be the primary tool of teaching and communication.

E-mail Tyche Hendricks at thendricks@sfchronicle.com.

(http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/03/14/BAG2CBOTOP1.DTL)

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FOR IMMEDIATE RELEASE
March 15, 2005

CONTACT: Cha Lee 202-463-2118
chalee@hndlink.org

HMONG NATIONAL DEVELOPMENT TO
HOST 10TH NATIONAL CONFERENCE IN FRESNO, CA

WASHINGTON, D.C. – Hmong National Development, Inc. (HND) will host the 10th Hmong National Conference in Fresno, California from April 8th-10th, 2005. This year’s conference will focus on “The Hmong American Experience: Celebrating 30 Years of Progress.” Keynote speakers and a variety of workshops covering the areas of Professional Development, Organizational Development, Youth Development, Advocacy and Civic Participation, Education, and Business and Economic Development will build capacity of participants, while the Awards Banquet honors outstanding individuals who give their time, effort, and talent to aid in the community’s growth.

HND is a national nonprofit organization developing capacity to ensure the full participation of Hmong Americans. It has hosted the Hmong National Conference over the past ten years to bring together professionals, scholars, community members, youth, and leaders to increase capacity, promote civic participation, discuss community challenges, and importantly, to celebrate the community’s successes.

The first day of the conference will feature keynote speakers Yang Dao, Ph.D. and Yvonne Lee. Dr. Yang Dao is one of the most well-known Hmong public figures today and a published author of Hmong history who will share his reflections on the community’s past 30 years in America. Yvonne Lee, a former U.S. Commissioner on Civil Rights and a long-time community activist and advocate for the indigent, the elderly and immigrant communities, will speak on the history of Asian American civil rights.

The second day of this year’s conference will focus on community concerns of refugee health and wellness, the Wat Thamkrabok Hmong and the current state of the refugee resettlement, as well as the critical issue of community development. Keynote speakers include Dr. Long Thao, M.D. the first known Hmong to obtain a medical degree in the U.S., Margaret Burkhardt from the U.S. State Department’s Office of Refugee Admission, and Bob Santos, Executive Director of Inter*Im Community Development Association.

The final plenary session will bring together three young Hmong Americans who are leaders in the making: Paul Cha of California State University-Sacramento, high school student Amy Hang of St. Paul, Minnesota, and Trace Yang of KBIF Radio, Fresno. Each speaker will touch on the importance of youth leadership, the challenges and triumphs of growing up Hmong American, and the future of Hmong American leadership. Paul Cha will also share his documentary on Hmong history.

HND is also pleased to announce this year’s banquet awardees for their exemplary work and leadership:

Businessman and a former major in the Secret Army, Wang Teng Yang, will receive HND’s Spirit of America Award; Amy Hang, the Youth Leadership Award; former California Assemblymember Sarah Reyes, the Giving Voice Award; Pai Yang of Catholic Charities, the Community Service Award; and Lee Yafyten, Finance Director for United Airlines, the Pioneer Award. All awardees are recognized at the conference banquet on Saturday, April 9.

“We are proud to hold this year’s conference in Fresno, CA. The conference will be a tremendous opportunity for us to highlight the accomplishments of Hmong Americans these past 30 years and to build bridges to strengthen our community in the future,” says Cha Lee, Executive Director of HND.

HND thanks this year’s conference sponsors:  State Farm * The California Endowment * United States Department of Agriculture * Wells Fargo * City of Fresno, Council President Mike Dages * KSEE-TV * AARP * Valley Small Business Development Corp. * KBIF-Radio * Citibank

For further information regarding the conference, contact Ms. Helly Lee at 202-463-2118 or helly@hndlink.org.

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March 17, 2005

INVESTORS FLOCK TO FIRST VIETNAMESE AMERICAN BANK
Planned Westminster facility reopens initial public offering.


By MARY ANN MILBOURN
The Orange County Register

Investors offered three times more money than officials at the First Vietnamese American Bank in Westminster expected to raise, so the bank reopened its public offering this week.

Late Monday, regulators allowed the bank, which is still in the process of being organized, to increase its public offering to $15.125 million, said Hieu T. Nguyen, chief executive of the bank.

The bank staff is sending letters to the investors about the revised public offering and advising them they can increase, decrease or rescind their purchase offers. Because it's a public offering, investors who did not previously make an offer may also apply to buy stock, Nguyen said.

The shares are being offered at $10 each with a minimum offer of $2,500 and a maximum of $550,000. Nguyen said that if the new public offering is also oversubscribed, the board of directors will determine who will get the 1.5 million shares now available.

"It's unbelievable," said Nguyen, noting that more than 900 people had made offers, which totaled more than $34 million.

Paul Seon Hong Kim, chief executive of Center Bank, a Los Angeles-based Korean bank, said he was not surprised that the First Vietnamese American Bank offering was oversubscribed, because investors these days are so interested in community banks of all kinds.

"But (the First Vietnamese American Bank) is way higher than the target amount," he said, noting that other new community banks have typically been oversubscribed by 50 percent or more.

Kim believes the interest may be in part because it's the country's first Vietnamese-American- owned bank.

Raising money, however, may be the easy part, he said. Kim noted that many other banks compete in the same niche that the Vietnamese bank hopes to exploit – international trade.

"You have many Chinese-American banks in Westminster and the surrounding area and they've been doing it for many years," Kim said. "It will be very interesting to see what they do."

The First Vietnamese American Bank hopes to open by the end of April.

For more information about the First Vietnamese American Bank, call (714) 894-3105.

CONTACT US: (714) 796-3646 or mmilbourn@ocregister.com

(http://www.ocregister.com/ocr/2005/03/17/sections/business/business/article_446031.php)

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March 17, 2005

DON’T LET VIETNAM GET AWAY WITH RELIGIOUS PERSECUTION, URGE CAMPAIGNERS

By Patrick Goodenough
CNSNews.com International Editor

Pacific Rim Bureau (CNSNews.com) - Vietnamese rights groups expressed concern Wednesday that Vietnam's government may be able to dodge sanctions by offering "token" gestures and making empty commitments to improve religious freedom.

Campaigners raised the concern after the State Department said it had asked Congress for more time to discuss with Hanoi how to end abuses suffered by some religious groups in the communist-ruled country.

Under the International Religious Freedom Act, the administration last September named Vietnam, Saudi Arabia and Eritrea as "countries of particular concern" (CPCs), joining a list already comprising Burma, North Korea, China, Iran and Sudan.

The 1998 law gives the State Department up to six months to discuss problem areas with newly-designated CPCs, and to announce punitive steps to be taken against those not acting to address the concerns.

When the six-month time period ended on Tuesday, the department said it had asked Congress for several more weeks, and indicated that the talks were bearing fruit.

"We made some important progress," said department spokesman Adam Ereli.

"We think that with a little bit more time we can take care of some of the issues that were problematic for us ... we expect decisions to be finalized and announced in the next few weeks."

Although he did not elaborate, Ereli said "some actions" had been taken over the past six months.

Final assessments would be made based on what the countries had done and what they had committed themselves to doing.

The U.S. accuses the Vietnam government of oppressing adherents of non-recognized religions, especially ethnic minority Protestant Christians and independent Buddhists.

Hundreds of churches have been shut down, and human rights groups cite cases of officials trying to force ethnic minority Christians to abandon their faith. Human Rights Watch says at least three Catholic priests have been in prison for almost 20 years.

In two recent gestures, the authorities freed several prominent prisoners of conscience and published a new prime minister's decree outlawing attempts by officials to force Protestant to abandon their religion, and saying that some currently unauthorized Protestant groups would be allowed conditionally to apply for official recognition.

But Helen Ngo, head of the Committee for Religious Freedom in Vietnam, expressed skepticism about the moves.

She said the recently-released leaders were unable to move around freely, but were constantly being followed around by members of the special police.

One of them, Thich Thien Minh of the banned Unified Buddhist Church of Vietnam (UBCV), had been in jail since 1979. He spoke after his release about the regime having exchanged his small prison for a bigger one, Ngo said.

Regular contact with people inside Vietnam, she added, made it clear that persecution and harassment were continuing.

Ngo cited a recent incident in a village in the north-west province in which police who were harassing three ethnic Hmong Christian families were challenged by a seven-year-old girl who protested when they helped themselves to several household pigs.

The child was beaten so badly she could not walk for a week. When her father - who was detained at the time of the assault - was released he wrote a petition letter to a senior official, but was told in reply: "You are a Protestant. I can't do anything for you."

The new prime minister's decree allowing some Protestant groups to apply for recognition was also seen as little more than an empty gesture, Ngo said.

"Talk about things improving in Vietnam - I don't think that's true."

The committee hoped the U.S. government would impose measures that would affect the regime financially -- "money is very important to the Vietnam government" -- such as reducing non-humanitarian aid or opposing new World Bank loans.

'Appeasing the Americans'


Trung Doan, the general-secretary of Australia's 200,000-strong Vietnamese community, said Thursday the recent steps taken by the Vietnamese government were "token."


"The number of prisoners released, compared to the number in prison, is only a small percentage," he said. His group had a list of 110 known "religious prisoners" and the real number was likely to be much higher.

The prime minister's decree was also not meaningful, Doan charged. When a Christian house meeting was broken up a few days ago, police had laughed when the protesting believers cited the new policy document.

"The local police know very well that this decree is just there to appease the Americans," he said. "If it is only there for diplomatic purposes, why should I follow it? That's what a local cadre would ask himself."

"We believe the U.S. government should not let Hanoi off the hook," Doan said. "The American government is probably the only power in the world that has the power and the will to put some pressure on them."

Earlier, Human Rights Watch also called into question Hanoi's commitment to improving religious rights.

In a letter to Secretary of State Condoleezza Rice, the organization said the latest decree "advances Vietnam's official stance that religious freedom is a privilege to be requested and granted by the government, rather than a fundamental human right."

The Vietnam government claims that some ethnic minority Christians have links to "subversive" groups.

The decree links recognition of Protestant churches to their renunciation of groups accused of organizing anti-government protests.

The U.S. ambassador-at-large for religious freedom, John Hanford, held talks in Vietnam last week.

The official Voice of Vietnam reported that deputy public security minister Nguyen Van Huong had assured Hanford that "there are no religious prisoners in Vietnam."

Those described as such by the U.S. were in fact "religious followers who violated Vietnamese laws," Huong reportedly told the diplomat.

The report said Hanoi complained that the U.S. had named Vietnam a CPC on the basis of "wrongful information" about the situation, provided by "bad elements."

(http://www.cnsnews.com/ViewForeignBureaus.asp?Page=%5CForeignBureaus%5Carchive%5C200503%5CFOR20050317a.html)

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March 18, 2005

VIETNAM FORUM LOOKS BEYOND WAR

By Chris Vaughn
Star-Telegram Staff Writer

LUBBOCK - • At Texas Tech University, speakers discuss a new level of diplomatic and economic cooperation that was all but unimaginable a decade ago.

On the opening day of an international conference dedicated to the study of the Vietnam War, one topic curiously almost never came up: the war itself.

Instead of focusing on next month's 30th anniversary of the fall of Saigon and the ignominious end to the controversial conflict, the conference turned for material to a different notable anniversary, that of the 1995 decision by President Clinton to normalize relations with one of the country's most bitter enemies and the symbol of one of its worst failures.

Several speakers, including the current and former ambassadors to the country of 82 million people, spoke of a new and unprecedented level of diplomatic and economic cooperation that was all but unimaginable a decade ago.

"The past permeates the present," said Raymond Burghardt, ambassador to Vietnam from 2001 to 2004. "You never escape the past. You shouldn't. But you move on. ... While we continue to deal with the legacy of the war, we also deal with Vietnam as a regular country."

The conference, hosted every three years by the Vietnam Center at Texas Tech University, is much more than a dry historical recounting of the war and its effects by stuffy college professors. Just as prevalent are U.S. combat veterans, Vietnamese-Americans who escaped the country after the fall, current and former diplomats, and doctoral students from around the world, making for an odd concoction in which people routinely debate and argue.

This year, the conference has brought in a former special operations officer, Army Maj. Gen. Ken Bowra, several veterans who campaigned against U.S. Sen. John Kerry, former members of Vietnam Veterans Against the War, as well as the expected -- dozens of academics from Ohio State, Cornell, California-Berkeley, Wake Forest and other universities.

The mix is the design of the Vietnam Center's founder and director, James Reckner, a late-in-life academic who retired from the Navy. He believes that those who know the war firsthand provide a "reality check" to professors and that those who know the history can help veterans understand the larger picture.

It is also why Reckner starts every conference with a stern warning.

"We must have a civil tone," he said. "We will not have shouting. Some of these issues, after 30 years, remain intensely emotional. But we do not gain anything by shouting."

The warning was probably unnecessary this year because the high-level diplomats from Vietnam, including the deputy foreign minister, canceled their appearances a few days ago, admittedly a disappointment to many of the conference participants.

What they got on the first day was the view of the last 10 years from the American side, including from Burghardt, current Ambassador Michael Marine and four Defense Department officials who work to find and identify the 1,836 servicemen still missing in action from the war.

Relations between the two countries, while initially driven only by the POW/MIA issue, now encompasses a growing trade partnership, defense ties, U.S. corporate investment, humanitarian aid for HIV prevention and law-enforcement cooperation.

The U.S. Navy, as of last year, even docks war ships in Vietnam.

While the U.S. government has concerns about human-rights violations and bureaucratic corruption, Marine said, "the U.S.-Vietnam relationship has developed in ways that many pundits considered highly unlikely, perhaps impossible."

The impetus for the radical change in the attitudes of Vietnamese officials, Burghardt said, was their recent concern over the growing power of China.

"There's still a lot of fear of the outside world by the Vietnamese leadership, but they realized the only way they were going to hold on to power was to open up economically," he said.

Han Nguyen, a legal assistant in Dallas who spent seven years in a communist prison camp, said emotions run high among Vietnamese-Americans for whom "the war hasn't ended yet in their minds.

"But we believe the best benefit for the Vietnamese people is for Vietnam to have a relationship with the United States," he said.

Reckner, 64, a two-tour Vietnam veteran who served in the same kind of river boat unit that Kerry did, founded the Vietnam Center in 1989, motivated by frustration that college students seemed to know so little about a pivotal time in U.S. history.

The center houses the largest archive of Vietnam War-related material outside of the U.S. government and has established the Virtual Vietnam Archive, an online database with more than 2 million pages of documents, photographs, maps and oral histories.

ONLINE:www.vietnam.ttu.edu
Chris Vaughn,
(817) 390-7547 cvaughn@star-telegram.com

(http://www.dfw.com/mld/dfw/news/11169575.htm)

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March 18, 2005

CULLING THE FLEET

By RUSS HENDERSON
Staff Reporter

BAYOU LA BATRE -- Bill Sessions Sr. taught his namesake to shrimp when the boy was just big enough to tie a net knot and push a deck broom.

Bill Sessions Jr. trawled the Gulf for decades before he taught Bill Sessions III and his two other sons the family trade.

But soon, thousands of such family ties to the Gulf's shrimping industry may be cut.

In May, the federal government is expected to pass new rules that would cap the number of shrimping boats in the Gulf, potentially closing off future generations from their family tradition. The measure pits fishermen who still have boats against those who've lost them, believers in the free market against the zealots of "stability" and sometimes father against son.

Sessions' younger sons, Bryan and Bud, were squeezed out by the hard economic times of the past three years, brought on by low dockside shrimp prices and fast-mounting diesel costs.

Without the new rules, the young men might return to their family trade when and if things pick back up. If the new rules pass, though, they won't be able to get a boat back in the Gulf unless someone else drops out.

"We've always been able to do something else when the going got tough, then get back into shrimping when we could," said Doug Johnson, a Bayou La Batre shrimper. "The ones with the salt water in their veins always came back. Maybe not anymore."

Several options will be considered by the quasi-governmental Gulf of Mexico Fishery Management Council at its May meeting in Biloxi, including one that would limit the fleet to the 2,700 or so boats that were registered in December 2003.

Another would extend that deadline to
May 2, 2005, potentially opening the fishery to hundreds more vessels. The cap would last 10 years.

Bryan and Bud Sessions said they like either idea in principle because a cap will mean more money for their father, but they don't like the idea of being locked out of the fishery because neither of them currently owns a boat. Their father, who owns three, is delighted about the cap.

"If my boys want to get back into the business, they can go in with me or we can try to get a permit for them," Bill Sessions Jr. said. "Before prices went down, there were way too many boats out there for any one of us to make a living. Now all these boats have been tied up, and I hope they keep them out of the Gulf."

He's faced the hardest economic struggle of his life over the past few years, Sessions said. "I've taken out a second mortgage on my house. I've spent all my life insurance money. Anybody sticking it out should be rewarded."

Regulation as insulation:
The backers of the proposed regulation argue that closing off the fishery will allow those in the industry to catch more shrimp and make a profit, as well as insulate the industry from cycles of booms and busts. No one is claiming that shrimp are over-fished.

Critics of the measure say it's a sign that one more American industry is running scared from global competition, speeding away from capitalist uncertainty and toward the security of socialist-style controls.

"Businesses always want to insulate themselves from booms and busts. It's just a way of saying they want to insulate themselves from competition, so they can make more money," said James Gattuso, an economist with the conservative think tank The Heritage Foundation. "The problem is, when you limit competition, you cut out the innovation that's needed to make an industry competitive, especially in a global market."

Mike Travis, a fisheries economist for the National Marine Fisheries Service, said the number of shrimp boats in the Gulf shrunk by nearly 40 percent since 2000. Meanwhile, the amount of shrimp caught has remained about the same -- about 150 million pounds a year.

That doesn't mean that shrimpers have been making more money -- shrimp prices remained at 30-year lows, and those shrimpers who are still left in the industry are "scraping bottom," he said. Travis said he likens the economic situation to a "pie" of annual profits that, each year, has shrunk.

"When the pie gets smaller, you have to cut it into smaller pieces or decrease the number of people you're feeding," Travis said.

In the late 1990s, seafood was a $450 million-a-year industry in Mobile and Baldwin counties on the Alabama coast, with shrimp sales far and away the biggest source of seafood revenue, according to the Auburn University Marine Exten sion and Research Center. That figure has likely dropped by a fourth, Travis said.

Capping the number of vessels will allow those in the industry to compensate for lower shrimp prices and higher operating costs, he said.

Rick Leard, senior biologist with the Gulf Fishery Management Council, said the fact that 40 percent fewer boats have been consistently landing the same number of shrimp is evidence that the fishery was overcapitalized. There were too many boats chasing the available shrimp, he said.

"Federal guaranteed loans for shrimp boats back in the '70s and '80s artificially expanded the fishery," Leard said. A 1989 National Oceanic and Atmospheric Administration study estimated that there were twice the number of necessary boats in the Gulf. "The feeling is that the number of boats now is more appropriate."

Forever shut out:
Perhaps a larger economic question raised by the proposed boat cap is that of equal opportunity, an issue that especially concerns hundreds of Vietnamese-American shrimpers who lost their boats to finance companies and banks when the market hit bucket bottom in recent years.

"These people came to this country and did what they know how to do, shrimp," said Joel Waltzer, a New Orleans lawyer who represents Vietnamese-American shrimpers. "Now they've hit hard times, they've lost their boats, and they're left without the permit that would be their ticket into the fishery over the next 10 years."

Most of the hundreds of boats repossessed over the past three years belonged to Asian-Americans, who make up the majority of Gulf Coast shrimpers with mortgages on their vessels, said David Magruder of David Magruder Marine Insurance in Buras, La.

"They were newer to the industry and had more debt," Magruder said.

To address this problem, the Gulf Council last week added an option to the regulation that would extend the permit deadline from Dec. 6, 2003 to May 2, 2005, said Julie Morris, current chair the Gulf of Mexico Fishery Management Council.

The decision was largely influenced by testimony given to the council last week by a Vietnamese-American shrimper from Louisiana, who claimed that he and a few hundred other Vietnamese-American shrimpers have been operating illegally for three years, Morris said.

Joseph Dinh, a Louisiana shrimper who came to the United States 20 years ago and has been trawling for the past decade, said he completely missed out when the Gulf Fishery Management Council first passed its requirement for shrimp boat permits in 2002.

"We had no idea of this requirement until recently," Dinh said. "Now we find out we may be kicked out. These are million-dollar vessels that provide income to families."

Waltzer said he was unsure whether moving the control date would solve the problem, at least for those who lost their boats.

"These guys still don't have permits and won't be able to get them by the deadline," Waltzer said. "What we'd like to see is a grandfather clause that would allow anyone to re-enter the fishery who had a permit when the prices started dropping."

That, Morris said, would defeat the purpose of the proposed amendment.

Three weeks ago, the council held several public meetings around the Gulf to gauge support for the proposal, and fishermen in Louisiana, Mississippi and Alabama loudly denounced it. Fishermen in Texas and Florida were more supportive.

Leard said a final vote is expected to take place at the councils meeting in Biloxi between May 9-12.

To apply for a permit, the owner or operator of a shrimp vessel should contact the permits office of NMFS Southeast Region at (727) 570-5326.

(http://www.al.com/news/mobileregister/index.ssf?/base/news/1111141275164511.xml)

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March 19, 2005

SEVEN BAY
AREA ARTISTS WIN ARTS COUNCIL FELLOWSHIPS

By Mark de la Viña
Mercury News

Seven Bay Area artists have been named by Arts Council Silicon Valley as recipients of the Groundbreaking Artists Fellowships.

Among the 2005 winners of the $4,000 fellowships are photographer Binh Tai Danh of San Jose. The Vietnamese-born artist, whose work has appeared in nearly 40 exhibitions, recently won a residency at the Cite Internationale Des Arts in Paris. Artists receiving an honorable mention are awarded $2,000 fellowships.

Arts Council Silicon Valley annually awards the fellowships in rotating categories to enable professional artists to continue their work. This year, the fellowship recognized poets and photographers.

Other recipients include:

• Photographer Kathryn Dunlevie of Palo Alto: A board member of the San Jose Institute of Contemporary Art, Dunlevie has exhibited her photos in 15 solo and 35 group exhibitions.
• Photographer Terri Garland of Soquel: The Santa Cruz native who has taught at San Jose City College works in the documentary tradition of photography.
• Poet Robert Pesich of Sunnyvale: A staff scientist at Stanford University, Pesich is a three-time nominee of the Pushcart Prize.
• Poet Al Young of Berkeley: Past honors include Wallace Stegner, Guggenheim, Fulbright fellowships, the PEN-Library of Congress Award for Short Fiction and the PEN-USA Award for Non-Fiction.
• Sally Ashton of Los Gatos: One of the two artists to receive an honorable mention, Ashton is the editor in chief of the DMQ Review, and a board member of Poetry Center San Jose and San Jose Center for Literary Arts.
• Poet Kat Meads of Ben Lomand: The honorable mention recipient has won a California Artist Fellowship in 2002 and a National Endowment for the Arts Fellowship in 2003.

Contact Mark de la Viña at mdelavina@mercurynews.com or
(408) 920-5914.

(http://www.mercurynews.com/mld/mercurynews/living/11165423.htm)

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About NCVA
Founded in 1986, the National Congress of Vietnamese Americans is a 501(c)(3) nonprofit community advocacy organization working to advance the cause of Vietnamese Americans in a plural but united America – e pluribus unum – by participating actively and fully as civic minded citizens engaged in the areas of education, culture and civil liberties.

Copyright material is distributed without profit or payment for research and educational purposes only, in accordance with Title 17 U.S.C. section 107

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