[Mldxcc] [NCDXC Chat] Fwd: Possible Error on Deletion of KH4 & KH7K

[Steve Dyer (W1SRD)]

Very cool! Is he formally raising this?On 26 Apr 2017 7:56 am, Rick WA6NHC via Chat <chat at ncdxc.org> wrote:
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> -------- Forwarded Message --------
> Subject:
> [CDXA] Possible Error on Deletion of KH4 & KH7K
> Date:
> Tue, 25 Apr 2017 23:23:58 -0400
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> DXers this article below was written by Bill Kennamer, K5FUV a former ARRL
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> Membership Services Manager. Read his story below and see his version of the
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> earlier deletion of Kure & Midway Island and why he says the ARRL made a
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> mistake. This will have an interesting outcome.
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> 73, Gary, K4MQG 
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> Posted on
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> <http://www.dailydx.com/unfortunate-deletion-kh4-k5fuv-bill-kennamer/> April
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> 24, 2017April 25, 2017Author <http://www.dailydx.com/author/the-daily-dx/>
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> The Daily DX
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> <http://www.dailydx.com/unfortunate-deletion-kh4-k5fuv-bill-kennamer/#commen
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> ts> 9 Comments
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> On March 31 of this year, I awoke to find A DXCC press release announcing
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> the deletion of Midway and Kure Island from the DXCC List. I found this hard
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> to believe, because Midway has been on the DXCC List, both in 1937 and in
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> 1947, since the inception of the DXCC program.
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> The justification given in the press release was that President Obama
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> expanded the Papahanaumokuakea Marine National Monument area on August 26,
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> 2016. This he did. However, the area he expanded was water only. He simply
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> expanded the water area out 50 miles, yet not one piece of land was
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> included! Since DXCC allows only land-based contacts, this seems to suggest
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> that there was no justification for deletion, especially a deletion based
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> upon that particular date.
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> Perhaps DXCC became confused about their own rules. So I did a further, in
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> depth review of the Midway situation. I had done this before, between 1996
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> and 1998, as part of the DXCC 2000 Committee, but thought I should do it
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> again, since some things had changed. What I found convinces me that there
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> should have been no deletion of Midway, thus no deletion of Kure.
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> One of the principles of the DXCC List criteria for additions and deletions
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> has long been that if an entity is found to meet criteria to be placed on
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> the list, it is not then removed if that criteria changes. I actually wrote
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> this into the revised 1998 rules under DXCC List Criteria 3 e). Anything on
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> the 1998 List cannot be deleted unless their status changes. Further, under
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> Criteria, 5. Deletion Criteria, c) criteria changes will not be applied
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> retroactively.
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> Then, I reviewed again why Midway Island was on the DXCC List, both in 1937
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> and 1947. The clues begin with a short study of the early history of the
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> DXCC program, and the rationale behind the list of countries provided at the
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> beginning.
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> The history of DXCC actually begins in 1935, with the publication of Clinton
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> B Desoto's landmark article in QST. (i)In this article, which was used as
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> the basis for the creation of the first DXCC List, first mention is made of
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> a "discrete geographical or political entity". Later in that same article is
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> a discussion of islands and island groups. Groups are "constituted by
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> several islands commonly grouped under one name and under the same political
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> control (italics mine.) The Hawaiian Islands are mentioned in this
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> paragraph. If you check an atlas of the day, you would find the Hawaiian
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> Islands listed under one name, and the Midway Islands listed separately. You
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> would find this to be true in a current Rand McNally Atlas as well. The
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> National Geographic Atlas of the World, 2015, shows the Papahanaumokuakea
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> Marine Monument, created on June 15, 2006. It also shows Midway separately,
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> administered by U.S. Fish and Wildlife. (ii)This shows that at the time of
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> DXCC List creation, Hawaii and Midway were considered separate by mapmakers
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> and by DXCC, both in 1937, 1947, and even today. In short, it was a discrete
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> entity, listed by mapmakers as separate from Hawaii, which indeed it was
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> politically.
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> To fully understand, it is best to look at the history of Midway and Kure.
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> A Captain Middlebrook originally claimed Midway for the U.S. on July 5,
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> 1859. It was later formally claimed by the U.S. Navy (August 28, 1867). At
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> that time Hawaii was an independent kingdom. In 1903, President Theodore
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> Roosevelt signed Executive Order 199-A, placing Midway under jurisdiction
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> and control of the U.S. Navy. In 1941, President Franklin Roosevelt issued
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> Executive Order 8682 creating several Naval Defense Zones. Midway was
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> included in those areas. On April 22, 1988, Midway was designated a National
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> Wildlife Area. On October 31, 1996, President Bill Clinton signed Executive
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> Order 13022 transferring Midway to the Department of the Interior, U.S. Fish
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> and Wildlife Service to become the Midway Atoll National Wildlife Refuge.
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> This order remains in force. Never in any of those orders was Midway made a
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> part of the territory or state of Hawaii, which is what would need to happen
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> to cause a deletion.
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> King Kalakaua Sent Colonel J. H. Boyd to Kure as a Special Commissioner,
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> when on September 20, 1886, he took possession of the island for the
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> government of Hawaii. Kure has always been part of Hawaii.
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> Knowing this history, and knowing what the early DXCC philosophy was when
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> there was no actual, published criteria, it becomes easy to see that the
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> early assemblers of the list saw that Midway was separate from the territory
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> of Hawaii because Hawaii was self-governing and Midway was not. That
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> condition continues to this day. Hawaii becoming a state without inclusion
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> of Midway actually strengthens this separation, and it is this separation,
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> and not a specific administration, upon which the inclusion of Midway to the
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> original DXCC Lists was based. Therefore, the status of Midway has not
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> changed from the time it first appeared on the DXCC List until today.
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> Further evidence is provided from the web pages of the Papahanaumokuakea
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> Marine Monument and the Midway Atoll National Wildlife Refuge and Battle of
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> Midway National Memorial. The Papahanaumokuakea Marine Monument has as its
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> co-trustees NOAA (seas within the monument) U.S. Fish and Wildlife Service
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> (Midway National Wildlife Refuge and Battle of Midway Memorial), State of
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> Hawaii (all of the Hawaiian Islands) and Office of Hawaiian Affairs (Native
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> affairs within the monument). The trustees are supervisory, with management
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> and administration by each agency of each part of the monument, as
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> designated. Fish and Wildlife maintains a staff on Midway. The State of
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> Hawaii maintains a small staff on Kure to look after the Kure Atoll State
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> Wildlife Sanctuary. If you want to do anything in the waters of the
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> monument, contact NOAA. Each individual agency or the State of Hawaii
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> controls access to their area. None of these administrations appears to have
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> given up administration of their respective areas within the monument.
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> So, the DXCC Deletion Criteria have not been met, certainly not by any
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> action taken on August 26, 2016. Midway does meet the criteria under which
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> it was added (separate from the Territory of Hawaii), and a change in the
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> criteria shall not affect the status of any Entity on the list at the time
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> of the change. Since no particular administration was named, but only that
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> Midway was different from Hawaii at the time the list was created, then
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> there was no reason for this deletion, and therefore, no reason for the
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> deletion of Kure.
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> Here is a simple four question test that will show the error of this
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> deletion:
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> 1. Was Midway part of the Territory of Hawaii in 1937 or 1947? It was Not
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> 2. Was Midway incorporated into the State of Hawaii upon statehood in 1959?
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> No
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> 3. Did Midway become a part of the State of Hawaii when the
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> Papahanaumokuakea Marine Monument was created in 2006? It did not
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> 4. Is Midway currently an unincorporated insular territory of the U.S. and
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> not part of the State of Hawaii? It is currently listed as an unincorporated
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> insular territory of the U.S. by the Department of the Interior, and as such
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> is not part of the State of Hawaii.
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> Deleting an Entity and bringing it back to the DXCC List because a more
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> stringent review showed the error is not new. It was done with the Cayman
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> Islands deletion in 1960 (iii). So, Midway and Kure should be restored to
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> the DXCC List.
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> (i) DeSoto, Clinton B.,"How to Count Countries Worked" QST, October, 1935,
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> pp40-41,
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> (ii) National Geographic Atlas of the World, 10th Edition, 2015, "The State
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> of Hawai'i includes all islands and reefs in the chain that extends from the
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> island of Hawai'i to Kure, except Midway Islands, which are administered as
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> a wildlife refuge by the U.S. Fish and Wildlife Service"
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> (iii) QST, June 1958, page 97 and QST, September 1960, page 90.
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