Friday, May 31, 2019
Managing a Crisis Using Public Relations Essay -- Business Management
Managing a Crisis Using Public trans figureionHandling Public Relations for any organization can be a very difficult parturiency in any circumstance - even under simple, non-crisis situations.When a crisis strikes, thats when PR managers really have their workcut out for them. A PR manager must always be prep atomic number 18d for theinevitable crisis to happen because that is when their jobs are reallytested by the public and the organization. American WattageCorporation was planning to launch Greenergy by Green Energy whichfocuses on creating a disclose solution to energy than electricity byusing wind energy. My job as the PR manager was to formulatestrategies to manage a crisis and make the well-nigh effective use of PRtools to slip away with all the publics. In this paper, I will givea summary of the simulation and how I detainmentd the different tasks thatwere assumption to me as well as go into detail on how crisis managementshould really be handled.As the PR manager of Green Energy, my first task was to determine howto allocate my budget of $1 million to formulate a PR plan that wouldencompass all relevant aspects of corporate communications. I chose some(prenominal) ways in which to spend the budget allowed for PR ? I spreadthem out in four different categories research team setup plan, mediarelations plan, marketing and PR advertising plan, and crisismanagement and communication plan.My second task was to handle a crisis that injured people because ofour equipment. What message did the company want to communicate aboutthe crisis to the public? Prior to reading week 4?s text, I chose thatwe would say ?No comment? because I thought it would be better togather all the facts first then go to the public with the teaching.I will explain later in the paper why I should not have chosen thatroute. My third task was deciding on whether to come clean about whatreally happened on how those people were injured by the equipment. Idecided to use great publici ty choosing to do a major communicationexercise and come completely clean which was the correct choicebecause that act alone could help sterilize credibility for the company.Handling a crisis can be very difficult for a company ? but whatexactly qualifies as a crisis? According to Seitel (2004), a crisis isa ?situation that has reached a critical phase for which dramatic ande... ...004). The most effective crisiscommunicators are those who provide prompt, frank, and fullinformation to the media in the ?eye of the storm? (Seitel, 2004).Silence not only angers the media but also compounds the problem. Thequick rule to effective public relations communication is to ? key itall and tell it fast? (Seitel, 2004). When information gets outquickly, this stops or minimizes rumors and nerves are calmed. Thebasic goals of crisis management are 1) terminate the crisis quickly,2) limit the damage, and 3) restore credibility. Following these goalswill ensure a successful public relations plan f or any organization.Crisis management definitely needs to be addressed in any organization? although it is usually not a fun role for the public relationsmanager. However, if the appropriate steps are taken on how to handlecrises, this will ensure the public that the organization can still betrusted no matter the situation. In the end, that really is theultimate goal ? to be sure credibility is restored in theorganization.ReferencesSeitel, F. (2004). The Practice of Public Relations, (Ninth Edition).Prentice-Hall Upper Saddle River, NJ.
Thursday, May 30, 2019
An Ethnography of Hunters Essay -- Learning to Hunt
Everyone kills, and everyone eats. Not everyone eats what they kill, plainly these remain two of the most intimate forms of communing with our environment, whether we recognize them as such, or not. Almost 40 000 Americans ar killed each year as the result of homicidal, accidental, and suicidal uses of guns in all, Americans wielding guns intimidate, wound, and kill hundreds of thousands every year. These were the kinds of ideas impressed upon me as I grew up in my urban folk Guns were beasts, as were knives, arrows, spears, indeed anything could become a weapon if held in a particular way. We sprayed each other with the hose instead of water guns, and spent galore(postnominal) long hours as a family communing with nature through long walks on the nature trails in s tabuhern California we had a little garden from which we harvested potatoes, carrots, and lettuce, but we never harvested the rabbits hopping through, or the squirrels, or the groundhogs. It didnt occur to me until hi gh school, however, that I didnt know where the meat I was eating came from. This bothered me. I became vegetarian. No more cow in the rain forest I said. No more chickens in long cramped houses, moving along conveyor belts where heads went flying, feathers electrically shocked off, exonerate burned off the hairs, to be tossed into a super-wrap machine, ready for the Wal-Mart grocery bin. Hunting, too, was equally cruel to animals in my mind. I tried to ignore the arguments that hunting helped control deer universes, and that killing for food was, ultimately, part of human nature to be honored, much less tolerated. I got a chance to broaden my perspective last year, and I harvested my first hen out at Merry Lea Environmental Learning Center, during a May Term ornitholog... ...or hunting season. I am inquiring to know more Will there be more female hunters in the future? My impression is that there is more hunting done for sport now than there is for necessary protein harvest, but will there be a movement in the other direction? Will the deer population survive while the hunters try to make up their minds? I hope that this ethnography may serve as a model of forming connections within our avouch close communities that we may work towards preserving this interwoven web of culture through respect and interest in our environments. I havent been hunting. I havent yet sought out the opportunity. I have, however, given up vegitarianism for lent.Notes1. poundage refers to the number of pounds it requires to draw the string back from the bow2. Hedge apple also known as Osage Orange, parkland in old fence-rows in the greater Goshen area
Wednesday, May 29, 2019
Physician-Assisted Suicide :: Essays Papers
Physician-Assisted SuicideEvery second of every day somebody in the world unwraps. Some of these ends leave behind be natural and others will be unexpected, such as accidents and murders. People with terminal illnesses may feel the desire to die before their natural time. Many will also seek the advice and even help from their health care providers in ending their lives. However, despite the pain and miserable these people may go through everyday, physician-assisted suicide should never need to occur.We now have the privilege of living in a time where engineering can help considerably in the care of the terminally ill, therefore creating other options besides death for these patients. There are cures, vaccines, and a wide strain of pharmaceutical drugs to ease pain and symptoms resulting from certain illnesses. In the testimony of Charles F. Gomez before the Subcommittee on the Constitution regarding the legalization of physician-assisted suicide he states, We now have it salu brious(p) within our technical mean to alleviate, to palliate, to comfort, and to control the worst of symptoms among those of our fellow citizens who are terminally ill. He goes on to say, ..the question.before the country at large is whether we have the heart, the courage, and the will to make it so, or whether we will opt for expedience, and call it mercy. If a person performs his or her role as a physician correctly, there would never be a reason for physician-assisted suicide to occur. That is the opinion of Dr. John Mark, a physician at the University of Arizona Medical Center. He feels that there are other means of treating a person with a terminal or painful illness. It is important for a patient to know of all the options that are before them, as well as a clearly defined goal during treatment. There are also ways to end a persons life who wishes to die without actively assisting a death. Dr. Mark feels that a physician can stop treating a patient and still make a patient comfortable while they await for death to take its natural course. Many other people in the health care profession are against aiding in a patients death. They feel that it is against the ethical regulation that comes with their titles and though, part of being a doctor may mean aiding in death, it is wrong to actively help a patient commit suicide.
A Mothers Dream for her Daughter in Amy Tans Two Kinds Essay
A Mothers Dream for her Daughter in Amy false topazs Two KindsAmy Tans short story, Two Kinds begins with a brief introduction to one becomes interpretation of the American dream. The Chinese mother who lost her family in her native homeland now hopes to recapture part of her loss through her daughter. Those of us who are parents want what is beaver for our children. We strive to make our childrens futures better. In some cases, when our own dreams have either been destroyed or not realized, we project our dreams and wishes on our children. In Two Kinds, Amy Tan tells of such a story through the eyes of a young girl who initially mimics her mothers dreams but ultimately rebels against them. Tans wont of a common thought that most parents can relate to expresses the frustrations that parents and children feel when obsession takes the place of nurturing.In the beginning the young girl, Ni Kan is just as excited as her mother near the idea of becoming a prodigy (528). She imagines herself in different roles and believes that once she has achieved her lieu as a prodigy, her mother and father will venerate her and she will become perfect (528). Ni Kan may feel that she will not be loved completely by her parents if she does not achieve the status her mother has set for her. It is natural for any young child to want to please a parent that has taken special interest in them. Ni Kan feels that her prodigy side is saying to her, If you dont hurry up and get me out of here, Im disappearing for good (528). This may indicate that Ni Kan is becoming impatient about becoming a prodigy and she fears that if it does not happen soon she will always be nothing in her mothers eyes (528). Tan reinforces this feeling in the story... ...aughter. In the story, Ni Kan stated that, It was enough that she had offered it to me and that it had made her feel proud, as if it were a trophy I had won back (535). The author also seems to use a piece of music to reflect how Ni Kan has felt about the conflict with her mother. After the death of her mother, Ni Kan looks through the music at the piano. She finds ii pieces of music opposite each other in the book. The first piece is Pleading Child and the second is Perfectly contented. These two titles suggest the emotions of Ni Kan as a child and her emotions now as an adult. These emotions are symbolically brought together when Ni Kan realizes they were two halves of the same song (535).Works CitedTan, Amy. Two Kinds. Literature, culture Reacting,Writing. 5th ed. Ed. Laurie G. Kirszner and Stephen R. Mandell. Boston Heinle, 2004. 527-535.
Tuesday, May 28, 2019
Americas Self-Interest :: American America History
Americas Self-InterestAmerica had remained for the most part an isolated country until the late 1800s when the unite States was faced with the opportunity of building a colonial empire. By 1890 the united States, like Europe, had began to expand its influence onto islands in the Caribbean and South Pacific areas. They entered in other countries affairs claiming that it served the interests of all peoples and were motivated by Idealism. In reality, the United States was mostly after its give birth self-interest. The Spanish-American War, the United States plainspoken Door policy, and the control over the Panama Canal zone make it unclear if the United States was pursuing its testify self-interest or was inspired by Idealism. In the Spanish-American War the United States was supposedly fighting for Cubas independence from Spain. Though Idealism might have been reach in the United States reasons for war, there is evidence of Americas self-interests in the war. The United States did fight to defend the Cubans but it also fought to profit out of the war. When the war ended and the United States won, it offered Cuba self-government only if they agreed to the terms of the Teller Amendment which states, Cuba should allow the United States the right to buy or lease naval stations. Though there were advantages for the United States in the Spanish-American War, America fought mostly for the welfare of Cuba. A good example of Americas pursuit for their own advantage in foreign affairs was the Open Door policy. China was expected to become a sphere of influence for European nations. The United States had a small percent of trade with China and was hungry(p) for more. They issued the Open Door policy with the goal of preserving equal trading opportunities in China for all foreign nations. The United States was obviously only concerned for their own self-interest rather than the interest other countries trading with China. The United States claimed that they would bui ld the Panama Canal for the advantage of Panama. Roosevelt said that he advanced the needs of incarnate civilization by speeding up the building of an interocean canal. The Canal was built by the United States for the use of the United States.
Americas Self-Interest :: American America History
Americas Self-InterestAmerica had remained mostly an isolated country until the late 1800s when the United States was faced with the probability of building a colonial empire. By 1890 the United States, like Europe, had began to expand its influence onto islands in the Caribbean and South Pacific areas. They entered in other countries affairs claiming that it served the interests of each peoples and were motivated by Idealism. In reality, the United States was mostly after its admit self-interest. The Spanish-American War, the United States Open Door policy, and the control over the Panama Canal district make it unclear if the United States was pursuing its own self-interest or was inspired by Idealism. In the Spanish-American War the United States was supposedly fighting for Cubas independency from Spain. Though Idealism might have been present in the United States reasons for war, there is evidence of Americas self-interests in the war. The United States did fight to defend the Cubans but it too fought to profit out of the war. When the war ended and the United States won, it offered Cuba self-government only if they agreed to the terms of the Teller Amendment which states, Cuba should allow the United States the right to buy or lease naval stations. Though there were avails for the United States in the Spanish-American War, America fought mostly for the welfare of Cuba. A good example of Americas pursuit for their own advantage in remote affairs was the Open Door policy. China was expected to become a sphere of influence for European nations. The United States had a small percent of trade with China and was hungry for more. They issued the Open Door policy with the goal of preserving equal trading opportunities in China for all foreign nations. The United States was obviously only concerned for their own self-interest rather than the interest other countries trading with China. The United States claimed that they would build the Panama Canal for the a dvantage of Panama. Roosevelt said that he advanced the needs of collective civilization by speeding up the building of an interocean canal. The Canal was built by the United States for the lend oneself of the United States.
Monday, May 27, 2019
Murder (Abolition of Death Penalty) Act 1965
Abolition of The Death Penalty1040 Words5 PagesThe Abolishment of the Death Penalty As Americans we live in a modern republic under a government constructed to secure the rights of the people. Todays government and judicial governances were forged by our founding fathers as they fought to establish a government free from tyranny and brutality and thereby forming a constitution based on civil liberties.Our country has grown and matured through and through the centuries and in effect has made changes and alterations as innovations and advancements live deemed necessary. One area where we seem to have evolved at a slower rate is in the archaic and often in charitable judicial laws of the close penalty.The closing penalty, a law which strips the civil liberties and violates the human rights of the accused offender, needs to be abrogateed. If as a nation we are to uphold our integrity it is imperative that the United States embrace the worldwide movement toward the complete abolit ion of the inhumane act of capital punishment. burning controversy over the legality of the death penalty in the United States has always been multi-faceted and emotion all in ally charged. Constitutional lawyers insist the founding fathers made provision for the death penalty in the 5th amendment which guarantees due process of law before a person can be deprived of life, liberty or property, while ignoring the 8th amendment which bars cruel and unusual punishments (Singh, 2003).There is no constitutional amendment that gives state or federal governments the authority to proclaim death as a penalty. This is an assumption based on the methods of punishment used in the era of the first colonies. The archaic eye for an eye, Annie get your gun arbiter has regressed into a self-justifying realm of indecision where it is easier continue in conventional tradition.We need to demand the legal system be held accountable to constitutional laws as scripted not as interpreted based on history . Death by hanging, firing squads, electrocution, the gas chamber and death by lethal injection are all options still available to those on death row. Each ace in progression a little more civilized then the one before it, or so society attempts to convince themselves.The courts, as well as society, need to stop accepting and allowing these gruesome acts of purposely killing another(prenominal) human in the name of justice. In recent centuries the majority of American citizens supported the death penalty believing it served both as a chit and as an appropriate response to particularly heinous crimes.Unquestionably, there are heinous acts of crime being committed. Yes, these crimes need to be addressed, victims and their families need validation and offenders require to be prosecuted, punished and kept from harming others. Yet, in our imperfect legal system and often overzealous prosecution mistakes are inevitable.Seemingly conclusive circumstantial evidence, coerced confessions, emotionally biased witness testimonies, inadequate legal representation and community pressure all fatal ingredients that could lead to a life altering mistake by a jury of the accused peers or a presiding judge. It could be argued that death is what murderers deserve.However, requiring that the punishment fit the crime is an unacceptable principle, we would then have to apply this to all crimes such as rape, assault and torture. While punishment needs to be proportionate to the offense and retribution is sought, these are not sound and objective abstract thought for the death penalty.Although some advocates for the death penalty would argue that its merits are worth the occasional execution of innocent people, to maintain the death penalty in the failures of the system is unacceptable (ACLU 2011). Eighty-four years ago, Judge Learned Hand said, Our procedure has been always haunted by the ghost of the innocent man convicted (Law Social Inquiry, 2009).The list for a deterrent of violent crimes cannot be upheld consistently or statistically as a rational determinant. We need to stop allowing our legal system to comprise off of emotion and the human desire for retribution and begin to acknowledge alternative sentencing such as life in prison without parole. This is more humane as well as cost effective, due to less court appeal fees, separate housing and security costs, and the need for victim validation through life-long punishment is still fulfilled.The death penalty should no longer be a legal option. Once, unequivocally accepted worldwide for a variety of crimes, the death penalty has been widely outlawed in todays progressive society. The United Nations General Assembly imposed a policy that states throughout the world, it is desirable to progressively suppress the number of offenses for which the death penalty might be imposed, with a view to the desirability of abolishing this punishment.As of recent, 140 countries, more than two-thirds of the countri es in the world have now abolished the death penalty in law or practice (Amnesty International, 2012). How can America remain influential in speaking with other nations nigh human rights and civil liberties while leading their own convicted citizens to death row? We need to step out of the hypocrisy and stand with these other countries worldwide and abolish the death penalty.Everyday American school children recite the Pledge of Allegiance in their classrooms repeating for liberty and justice for all. American junior and senior high school students are being taught the history of the United States, the Constitution and Bill or Rights. They learn about civil liberties, American freedoms and the justice of the legal system. Yet, we are not providing them with examples when we continue to implement the death penalty.In an ever advancing country where liberal thinking and tolerance, equality and human rights are encouraged by leaders, we still hold fast to an archaic and unthinkable l aw, the death penalty. We need to hear the truth in the words of the framers of the constitution, the voice of the world and the cry of those who are appalled by the violation of human rights.The people of this free nation need, with one voice, to call for the abolition of the death penalty.ReferencesAmerican Civil Liberties Union and the ACLU Foundation, 2012, Retrieved parade 9, 2012, http//www.aclu.org/capital-punishment/case-against-death-penaltyAmnesty International, 2012,Retrieved March 9, 2012, http//www.amnesty.org/en/death-penalty/abolitionist-and-retentionist-countriesLaw & Social Inquiry, Volume 34, Issue 3, 603633, summer 2009 Robert Singh, PhD, Governing America The Politics of a Divided Democracy, 2003
Sunday, May 26, 2019
Audited Report of Tyson Food
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D. C. 20549 FORM 10-K X Annual Report Pursuant to branch 13 or 15(d) of the Securities substitution bring of 1934 For the pecuniary social class ended September 29, 2012 Transition Report Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 For the transition period from to 001-14704 (Commission turn on Number) ______________________________________________ (Exact name of registrant as specified in its charter) _____________________________________________ TYSON FOODS, INC. Delaw ar ( enjoin or separate jurisdiction of internalization or organization) 71-0225165 (I. R. S. Employer Identification No. ) 2200 Don Tyson Parkway, Springdale, argon (Address of principal executive offices) 72762-6999 (Zip Code) Registrants resound number, including argona code Securities Registered Pursuant to Section 12(b) of the Act Title of Each divide Class A Common assembly line, Par Value $0. 0 (479) 290-4000 ke y out of Each Exchange on Which Registered New York Stock Exchange Securities Registered Pursuant to Section 12(g) of the Act Not Applicable Indicate by shape chase if the registrant is a well-kn proclaim seasoned issuer, as defined in Rule 405 of the Securities Act. Yes X No Indicate by check mark if the registrant is non c every for to institutionalize reports pursuant to Section 13 or Section 15(d) of the Act.Yes No X Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for much(prenominal) shorter period that the registrant was required to file such reports), and (2) has been paper field to such filing requirements for the historic 90 days. Yes X No Indicate by check mark whether the registrant has submitted electronically and posted on its corporate web site, if any, every Interactive Data File required to be submitted and pos ted pursuant to Rule 405 of Regulation S-T (232. 05 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files). Yes X No Indicate by check mark if disclosure of delinquent filers pursuant to dot 405 of Regulation S-K is not contained herein, and will not be contained, to the best of registrants knowledge, in definitive proxy or in reboundation commonwealthments incorporated by reference in Part III of this system 10-K or any amendment to this Form 10-K. Indicate by check mark whether the registrant is a mammoth accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting association. See definitions of large accelerated filer, accelerated filer and smaller reporting company in Rule 12b-2 of the Exchange Act. Large accelerated filer X Non-accelerated filer (Do not check if a smaller reporting company) Accelerated filer Smaller reporting company Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act).Yes No X On March 31, 2012, the aggregate marketplace assess of the registrants Class A Common Stock, $0. 10 par value (Class A convey), and Class B Common Stock, $0. 10 par value (Class B stock), held by non-affiliates of the registrant was $5,551,806,987 and $340,008, respectively. Class B stock is not publicly listed for shell out on any exchange or market system. However, Class B stock is convertible into Class A stock on a sh ar-for-sh atomic number 18 basis, so the market value was calculated based on the market price of Class A stock.On October 27, 2012, there were 288,751,385 sh atomic number 18s of Class A stock and 70,015,755 sh atomic number 18s of Class B stock outstanding. INCORPORATION BY REFERENCE Portions of the registrants definitive Proxy Statement for the registrants Annual Meeting of Sh beholders to be held February 1, 2013, are incorporated by reference into Part III of this Annual Report on Form 10-K. TABLE OF CONTENTS PAGE agency I particular 1. Item 1A. Item 1B. Item 2. Item 3. Item 4. PART II Item 5. Item 6. Item 7. Item 7A. Item 8. Item 9. Item 9A. Item 9B. PART III Item 10. Item 11. Item 12. Item 13. Item 14.PART IV Item 15. Business Risk Factors Unresolved Staff Comments Properties Legal legal proceeding Mine Safety Disclosures 3 7 12 12 13 13 Market for Registrants Common Equity, link to Stockholder Matters and Issuer Purchases of Equity Securities Selected pecuniary Data Managements Discussion and Analysis of Financial Condition and Results of Operations Quantitative and Qualitative Disclosures About Market Risk Financial Statements and auxiliary Data Changes in and Disagreements With Accountants on Accounting and Financial Disclosure Controls and Procedures Other Information 5 17 18 36 38 81 81 81 Directors, Executive officeholders and Corporate Governance Executive Compensation Security Owner transmit of Certain Beneficia l Owners and Management and Related Stockholder Matters Certain Relationships and Related Transactions, and Director In numberence Principal Accounting Fees and Services 82 82 82 82 82 Exhibits, Financial Statement Schedules 83 2 PART I ITEM 1. BUSINESS GENERAL Founded in 1935, Tyson Foods, Inc. nd its subsidiaries (collectively, Company, we, us or our) are one of the worlds largest meat protein companies and the second-largest viands toil company in the Fortune 500 with one of the most recognized brand names in the food industry. We produce, distrisolelye and market complainer, boot, pork, brisk foods and related allied products. Our operations are contained in four segments cowardly, Beef, Pork and prepared Foods.Some of the key factors influencing our melodic line are client claim for our products the energy to maintain and give rise relationships with customers and introduce juvenile and innovative products to the marketplace rise to poweribility of international m arkets market prices for our products the cost of become oxen and hogs, raw materials, grain and persist ingredients and operating efficiencies of our facilities.We wreak a fully vertically integrated poultry output signal process. Our integrated operations consist of do stock, contract growers, feed production, treat, get on-processing, merchandise and transportation of weakly interacting massive particle and related allied products, including animal and pet food ingredients. Through our wholly-owned subsidiary, Cobb-Vantress, Inc. (Cobb), we are one of the escapeing poultry breeding stock suppliers in the world.Investing in breeding stock research and development allows us to breed into our flocks the characteristics found to be most desirable. We in addition process stick out fed cattle and hogs and fabricate attired beef and pork carcasses into of import and sub-primal meat cuts, case ready beef and pork and fully-cooked meats. In addition, we derive value from a llied products such as hides and variant meats sold to further processors and opposite(a)s. We produce a wide range of fresh, value-added, frozen and refrigerated food products.Our products are marketed and sold mainly by our changes stave to grocery retailers, grocery wholesalers, meat distributors, wareho physical exercise club stores, military commissaries, industrial food processing companies, chain eating places or their distributors, international export companies and internal distributors who practice restaurants, foodservice operations such as plant and school cafeterias, convenience stores, hospitals and other vendors. Additionally, sales to the military and a portion of sales to international markets are make through freelance brokers and trading companies.We piddle a 50/50 joint venture with Syntroleum Corporation, called Dynamic Fuels LLC (Dynamic Fuels), which produces renewable synthetic fuels. Construction of production facilities was established in late f iscal 2010, and initial production began in October 2010. FINANCIAL INFORMATION OF SEGMENTS We perish in four segments Chicken, Beef, Pork and Prepared Foods. The contribution of all(prenominal) segment to net sales and operating income (loss), and the identifiable as reposes attributable to each segment, are set forth in Note 16 Segment coverage of the Notes to coalesced Financial Statements.DESCRIPTION OF SEGMENTS Chicken Chicken operations allow in breeding and raising chickens, as well as processing live chickens into fresh, frozen and valueadded chicken products and logistics operations to move products through the cede chain. Products are marketed domestically to food retailers, foodservice distributors, restaurant operators, hotel chains and noncommercial foodservice establishments such as schools, healthcare facilities, the military and other food processors, as well as to international markets. It also includes sales from allied products and our chicken breeding stoc k subsidiary.Beef Beef operations include processing live fed cattle and fabricating dressed beef carcasses into primal and sub-primal meat cuts and case-ready products. This segment also includes sales from allied products such as hides and variety meats, as well as logistics operations to move products through the supply chain. Products are marketed domestically to food retailers, foodservice distributors, restaurant operators, hotel chains and noncommercial foodservice establishments such as schools, healthcare facilities, the military and other food processors, as well as to international markets.Pork Pork operations include processing live market hogs and fabricating pork carcasses into primal and sub-primal cuts and caseready products. This segment also includes our live swine group, related allied product processing activities and logistics operations to move products through the supply chain. Products are marketed domestically to food retailers, foodservice distributors, re staurant operators, hotel chains and noncommercial foodservice establishments such as schools, healthcare acilities, the military and other food processors, as well as to international markets. 3 Prepared Foods Prepared Foods operations include manufacturing and marketing frozen and refrigerated food products and logistics operations to move products through the supply chain. Products include pepperoni, bacon, beef and pork pizza pie toppings, pizza crusts, flour and corn tortilla products, appetizers, prepared repasts, ethnic foods, soups, sauces, side dishes, meat dishes and processed meats.Products are marketed domestically to food retailers, foodservice distributors, restaurant operators, hotel chains and noncommercial foodservice establishments such as schools, healthcare facilities, the military and other food processors, as well as to international markets. The results from Dynamic Fuels are included in Other. RAW MATERIALS AND SOURCES OF SUPPLY Chicken The primary raw mater ials used in our chicken operations are corn and soybean meal used as feed and live chickens raised primarily by independent contract growers.Our vertically-integrated chicken process begins with the grandparent breeder flocks and ends with broilers for processing. Breeder flocks (i. e. , grandparents) are raised to maturity in grandparent growing and laying farms where stiff eggs are produced. Fertile eggs are incubated at the grandparent hatchery and produce pullets (i. e. , parents). Pullets are sent to breeder houses, and the resulting eggs are sent to our hatcheries. Once chicks devour hatched, they are sent to broiler farms.There, contract growers care for and raise the chicks according to our standards, with advice from our technical service personnel, until the broilers reach the desired processing weight. Adult chickens are transported to processing plants where they are slaughtered and converted into washed-up products, which are then sent to distribution c prefaces an d delivered to customers. We operate our own feed mills to produce scientifically-formulated feeds. In fiscal 2012, corn, soybean meal and other feed ingredients were major(ip) production cost, representing roughly 69% of our cost of growing a live chicken.In addition to feed ingredients to grow the chickens, we use provision ingredients, packaging materials and cryogenic agents. We believe our sources of supply for these materials are adequate for our present needs, and we do not anticipate any difficulty in acquiring these materials in the coming(prenominal) day. While we produce nearly all our inventory of breeder chickens and live broilers, we also purchase live, ice-packed or deboned chicken to meet production and sales requirements. Beef The primary raw materials used in our beef operations are live cattle.We do not puzzle facilities of our own to raise cattle but employ cattle buyers located throughout cattle producing areas who visit independent feed yards and public auc tions and buy live cattle on the ease up spot market. These buyers are happy to select high quality animals, and we continually measure their performance. We also enter into miscellaneous risk-sharing and procurance arrangements with producers to secure a supply of stemma for our facilities. We believe the sources of supply of live cattle are adequate for our present needs. Pork The primary raw materials used in our pork operations are live hogs.The majority of our live hog supply is obtained through various procurement relationships with independent producers. We employ buyers who make purchase agreements of various condemnation durations as well as purchase hogs on a daily basis, ecumenicly a few days before the animals are processed. These buyers are trained to select high quality animals, and we continually measure their performance. We believe the sources of supply of live hogs are adequate for our present needs. Additionally, we raise a number of weanling swine to snit ch to independent finishers and supply a minimal amount of live swine for our own processing needs.Prepared Foods The primary raw materials used in our prepared foods operations are skinnyness based raw materials, including chicken, beef, pork, corn, flour and vegetables. Some of these raw materials are provided by our other segments, while others whitethorn be purchased from numerous suppliers and manufacturers. We believe the sources of supply of raw materials are adequate for our present needs. SEASONAL DEMAND Demand for chicken and beef products ordinaryly developments during the spring and summer months and generally cliffs during the winter months.Pork and prepared foods products generally contract increased assume during the winter months, primarily due to the holiday season, while demand decreases during the spring and summer months. CUSTOMERS Wal-Mart Stores, Inc. accounted for 13. 8% of our fiscal 2012 merge sales. Sales to Wal-Mart Stores, Inc. were included in t he Chicken, Beef, Pork and Prepared Foods segments. whatsoever extended discontinuance of sales to this customer could, if not replaced, sire a material come to on our operations. No other single customer or customer group represented much than 10% of fiscal 2012 fused sales. COMPETITION Our food products compete with those of other food producers and processors and veritable prepared food manufacturers. Additionally, our food products compete in markets around the world. We seek to carry through a leading market position for our products via our principal marketing and private-enterprise(a) strategy, which includes identifying target markets for value-added products concentrating production, sales and marketing efforts to appeal to and enhance demand from those markets and utilizing our national distribution systems and customer support services.Past efforts guide customer demand can be increased and sustained through application of our marketing strategy, as supported by our distribution systems. The principal competitive elements are price, product safety and quality, brand identification, breadth and depth of product offerings, availability of products, customer service and credit terms. INTERNATIONAL We sold products to approximately one hundred thirty countries in fiscal 2012. Major sales markets include Brazil, Canada, Central America, China, the European Union, Japan, Mexico, the Middle East, Russia, southwestward Korea, Taiwan, Ukraine and Vietnam.We have the following international operations Tyson de Mexico, a Mexican subsidiary, is a vertically-integrated poultry production company Cobb-Vantress, a chicken breeding stock subsidiary, has business interests in Argentina, Brazil, the Dominican Republic, India, Japan, the Netherlands, Peru, the Philippines, Russia, Spain, Sri Lanka, Turkey, the fall in Kingdom and Venezuela Tyson do Brazil, a Brazilian subsidiary, is a vertically-integrated poultry production company Shandong Tyso n, a Chinese subsidiary, is a vertically-integrated poultry production company Tyson Dalong, a joint venture in China in which we have a majority interest, is a chicken further processing facility Jiangsu-Tyson, a Chinese subsidiary, is a vertically-integrated poultry production company and Godrej Tyson Foods, a joint venture in India in which we have a majority interest, is a poultry processing business. Our Tyson do Brazil, Shandong Tyson and Jiangsu-Tyson subsidiaries are presently in start-up phase. We continue to evaluate emergence opportunities in unconnected countries.Additional information regarding export sales, long-lived assets located in foreign countries and income (loss) from foreign operations is set forth in Note 16 Segment Reporting of the Notes to Consolidated Financial Statements. RESEARCH AND DEVELOPMENT We conduct continuous research and development activities to modify product development, to automate manual processes in our processing plants and growout op erations, and to break chicken breeding stock. Our uncovering Center includes 19 research kitchens and a USDA-inspected pilot plant. The Discovery Center enables us to bring new market-leading retail and foodservice products to the customer quickly and efficiently. Research and development costs totaled $43 one million million, $42 million, and $38 million in fiscal 2012, 2011 and 2010, respectively.ENVIRONMENTAL REGULATION AND FOOD SAFETY Our facilities for processing chicken, beef, pork and prepared foods, milling feed and housing live chickens and swine are causa to a variety of federal, state and local environmental laws and regulations, which include provisions relating to the discharge of materials into the environment and generally provide for protection of the environment. We believe we are in existent compliance with such applicable laws and regulations and are not aware of any violations of such laws and regulations likely to result in material penalties or material i ncreases in compliance costs. The cost of compliance with such laws and regulations has not had a material uncomely effect on our capital expenditures, earnings or competitive position, and pull out as described below, is not anticipated to have a material adverse effect in the future. Congress and the United States Environmental Protection influence are interpreting various options to control greenhouse gas emissions.It is unclear at this time when or if such options will be finalized, or what the final form whitethorn be. Due to the un sealedty surrounding this issue, it is premature to speculate on the specific nature of upholds that imposition of greenhouse gas emission controls would have on us, and whether such impacts would have a material adverse effect. 5 We work to ensure our products meet high standards of food safety and quality. In addition to our own internal Food Safety and Quality Assurance oversight and review, our chicken, beef, pork and prepared foods product s are subject to inspection prior to distribution, primarily by the United States Department of Agriculture (USDA) and the United States Food and Drug Administration (FDA).We are also participants in the United States Hazard Analysis Critical Control promontory (HACCP) program and are subject to the Sanitation Standard Operating Procedures and the Public Health Security and Bioterrorism Preparedness and Response Act of 2002. EMPLOYEES AND LABOR dealing As of September 29, 2012, we employed approximately 115,000 employees. Approximately 96,000 employees were employed in the United States and 19,000 employees were in foreign countries, primarily China, Mexico and Brazil. Approximately 29,000 employees in the United States were subject to collective bargaining agreements with various aim unions, with approximately 19% of those employees included under agreements expiring in fiscal 2013.The remaining agreements expire over the next some(prenominal) years. Approximately 8,000 employe es in foreign countries were subject to collective bargaining agreements. We believe our overall relations with our workforce are good. MARKETING AND DISTRIBUTION Our principal marketing objective is to be the primary provider of chicken, beef, pork and prepared foods products for our customers and consumers. As such, we utilize our national distribution system and customer support services to achieve the leading market position for our products. On an ongoing basis, we identify distinct markets and business opportunities through continuous consumer and market research.In addition to supporting strong regional brands across multiple protein lines, we build the Tyson brand and Tyson owned brands primarily through well-defined product-specific advertising and public relations efforts focused toward key consumer targets with specific needs. These efforts are designed to present key Tyson products as everyday solutions to relevant consumer problems thereby becoming part of regular eatin g routines. We have the ability to produce and ship fresh, frozen and refrigerated products worldwide. Domestically, our distribution system extends to a broad network of food distributors and is supported by our owned or leased cold computer storage warehouses, public cold storage facilities and our transportation system.Our distribution centers accumulate fresh and frozen products so we can fill and consolidate less-than-truckload orders into full truckloads, thereby diminish shipping costs while increasing customer service. In addition, we provide our customers a wide selection of products that do not require large the great unwashed orders. Our distribution system enables us to supply large or small quantities of products to meet customer requirements anywhere in the continental United States. Internationally, we utilize two rail and truck refrigerated transportation to domestic ports, where consolidations take place to transport to foreign destinations. PATENTS AND TRADEMAR KS We have filed a number of patents and trademarks relating to our processes and products that either have been O.K. or are in the process of application.Because we do a of import amount of brand name and product line advertising to promote our products, we consider the protection of our trademarks to be important to our marketing efforts. We also have developed non-public proprietary information regarding our production processes and other product-related matters. We utilize internal procedures and safeguards to protect the confidentiality of such information and, where appropriate, seek patent and/or trademark protection for the technology we utilize. INDUSTRY PRACTICES Our agreements with customers are generally short-term, primarily due to the nature of our products, industry practices and fluctuations in supply, demand and price for such products.In certain instances where we are exchangeing further processed products to large customers, we may enter into written agreement s whereby we will act as the exclusive or preferred supplier to the customer, with pricing terms that are either fixed or variable. AVAILABILITY OF SEC FILINGS AND CORPORATE GOVERNANCE DOCUMENTS ON INTERNET WEBSITE We maintain an internet website for investors at http//ir. tyson. com. On this website, we make available, free of charge, annual reports on Form 10-K, quarterly reports on Form 10-Q, current reports on Form 8-K and all amendments to any of those reports, as soon as reasonably practicable after we electronically file such reports with, or furnish to, the Securities and Exchange Commission.Also available on the website for investors are the Corporate Governance Principles, Audit Committee charter, Compensation Committee charter, Governance Committee charter, Nominating Committee charter, Code of Conduct and whistle-blower Policy. Our corporate governance documents are available in print, free of charge to any shareholder who requests them. 6 CAUTIONARY STATEMENTS RELEVANT TO FORWARD-LOOKING INFORMATION FOR THE nominate OF SAFE HARBOR PROVISIONS OF THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995 Certain information in this report constitutes progressive statements. Such forward-looking statements include, but are not limited to, current views and estimates of our outlook for fiscal 2013, other future economic circumstances, industry conditions in domestic and international markets, our performance and pecuniary results (e. g. debt levels, return on invested capital, value-added product growth, capital expenditures, tax range, access to foreign markets and dividend policy). These forward-looking statements are subject to a number of factors and uncertainties that could cause our actual results and experiences to disaccord materially from anticipated results and forebodeations expressed in such forward-looking statements. We wish to caution readers not to place undue reliance on any forward-looking statements, which speak only as of the date made. We undertake no obligation to update any forward-looking statements, whether as a result of new information, future events or otherwise.Among the factors that may cause actual results and experiences to differ from anticipated results and expectations expressed in such forward-looking statements are the following (i) the effect of, or changes in, general economic conditions (ii) fluctuations in the cost and availability of inputs and raw materials, such as live cattle, live swine, feed grains (including corn and soybean meal) and energy (iii) market conditions for finished products, including competition from other global and domestic food processors, supply and pricing of competing products and alternative proteins and demand for alternative proteins (iv) successful rationalization of be facilities and operating efficiencies of the facilities (v) risks associated with our commodity purchase activities (vi) access to foreign markets together with foreign economic conditions , including currency fluctuations, import/export restrictions and foreign politics (vii) outbreak of a livestock unhealthiness (such as avian influenza AI) or bovine spongiform encephalopathy (BSE)), which could have an adverse effect on livestock we own, the availability of livestock we purchase, consumer perception of certain protein products or our ability to access certain domestic and foreign markets (viii) changes in availability and relative costs of labor and contract growers and our ability to maintain good relationships with employees, labor unions, contract growers and independent producers providing us livestock (ix) issues related to food safety, including costs resulting from product recalls, regulatory compliance and any related claims or judicial proceeding (x) changes in consumer preference and diets and our ability to identify and react to consumer trends (xi) significant marketing plan changes by large customers or loss of one or more large customers (xii) advers e results from litigation (xiii) risks associated with leverage, including cost increases due to rising interest rates or changes in debt ratings or outlook (xiv) compliance with and changes to regulations and laws (both domestic and foreign), including changes in accounting standards, tax laws, environmental laws, agricultural laws and occupational, health and safety laws (xv) our ability to make effective acquirements or joint ventures and successfully integrate newly acquired businesses into existing operations (xvi) effectiveness of advertising and marketing programs and (xvii) those factors listed under Item 1A. Risk Factors. ITEM 1A. RISK FACTORS These risks, which should be considered carefully with the information provided elsewhere in this report, could materially adversely affect our business, pecuniary condition or results of operations. Additional risks and uncertainties not currently known to us or that we currently deem to be pert also may materially adversely affec t our business, financial condition or results of operations. Fluctuations in commodity prices and in the availability of raw materials, especially feed grains, live cattle, live swine and other inputs could proscribely impact our earnings.Our results of operations and financial condition are dependent upon the cost and supply of raw materials such as feed grains, live cattle, live swine, energy and ingredients, as well as the selling prices for our products, many of which are determined by constantly changing market forces of supply and demand over which we have limited or no control. Corn, soybean meal and other feed ingredients are major production costs for vertically-integrated poultry processors such as us, representing roughly 69% of our cost of growing a live chicken in fiscal 2012. As a result, fluctuations in prices for these feed ingredients, which include competing demand for corn and soybean meal for use in the manufacture of renewable energy, can adversely affect our earnings.Production of feed ingredients is bear on by, among other things, weather patterns throughout the world, the global level of supply inventories and demand for grains and other feed ingredients, as well as agricultural and energy policies of domestic and foreign governments. We have cattle under contract at feed yards owned by third parties however, most of the cattle we process are purchased from independent producers. We have cattle buyers located throughout cattle producing areas who visit feed yards and buy live cattle on the open spot market. We also enter into various risk-sharing and procurement arrangements with producers who help secure a supply of livestock for daily start-up operations at our facilities.The majority of our live swine supply is obtained through procurement arrangements with independent producers. We also employ buyers who purchase hogs on a daily basis, generally a few days before the animals are required for processing. In addition, we raise live swine and sell feeder pigs to independent producers for feeding to processing weight and have contract growers feed a minimal amount of company-owned live swine for our own processing needs. Any decrease in the supply of cattle or swine on the spot market could increase the price of these raw materials and further increase per head cost of production due to lower faculty utilization, which could adversely affect our financial results. 7Market supply and demand and the prices we receive for our products may vacillate due to competition from other food producers and processors. We face competition from other food producers and processors. Some of the factors on which we compete and which may drive demand for our products include price product safety and quality brand identification breadth and depth of product offerings availability of our products and competing products customer service and credit terms. Demand for our products also is affected by competitors promotional sp ending, the effectiveness of our advertising and marketing programs, and the availability or price of competing proteins.We attempt to obtain prices for our products that reflect, in part, the price we must conduct for the raw materials that go into our products. If we are not able to obtain higher prices for our products when the price we pay for raw materials increases, we may be unable to maintain confirmatory margins. Outbreaks of livestock diseases can adversely impact our ability to conduct our operations and demand for our products. Demand for our products can be adversely impacted by outbreaks of livestock diseases, which can have a significant impact on our financial results. Efforts are taken to control disease risks by adherence to good production practices and extensive precautionary measures designed to ensure the health of livestock.However, outbreaks of disease and other events, which may be beyond our control, either in our own livestock or cattle and hogs owned by independent producers who sell livestock to us, could significantly affect demand for our products, consumer perceptions of certain protein products, the availability of livestock for purchase by us and our ability to conduct our operations. Moreover, the outbreak of livestock diseases, particularly in our Chicken segment, could have a significant effect on the livestock we own by requiring us to, among other things, destroy any affected livestock. Furthermore, an outbreak of disease could result in governmental restrictions on the import and export of our products to or from our suppliers, facilities or customers. This could also result in negative publicity that may have an adverse effect on our ability to market our products successfully and on our financial results.We are subject to risks associated with our international activities, which could negatively affect our sales to customers in foreign countries, as well as our operations and assets in such countries. In fiscal 2012, we sold products to approximately 130 countries. Major sales markets include Brazil, Canada, Central America, China, the European Union, Japan, Mexico, the Middle East, Russia, South Korea, Taiwan, Ukraine and Vietnam. Our sales to customers in foreign countries for fiscal 2012 totaled $5. 5 billion, of which $4. 0 billion related to export sales from the United States. In addition, we had approximately $564 million of long-lived assets located in foreign ountries, primarily Brazil, China, Mexico and India, at the end of fiscal 2012. As a result, we are subject to various risks and uncertainties relating to international sales and operations, including imposition of tariffs, quotas, trade barriers and other trade protection measures imposed by foreign countries regarding the importation of poultry, beef and pork products, in addition to import or export licensing requirements imposed by various foreign countries closing of borders by foreign countries to the import of poul try, beef and pork products due to animal disease or other perceived health or safety issues impact of currency exchange rate fluctuations between the U. S. ollar and foreign currencies, particularly the Brazilian real, the British pound sterling, the Canadian dollar, the Chinese renminbi, the European euro, and the Mexican peso political and economic conditions difficulties and costs associated in complying with, and enforcement of remedies under, a wide variety of complex domestic and international laws, treaties and regulations, including, without limitation, the United States Foreign Corrupt Practices Act and economic and trade sanctions enforced by the United States Department of the Treasurys Office of Foreign Assets Control different regulatory structures and unexpected changes in regulatory environments tax rates that may exceed those in the United States and earnings that may be subject to withholding requirements and incremental taxes upon repatriation potencyly negative consequences from changes in tax laws and distribution costs, disruptions in shipping or surmountd availability of freight transportation. 8 Negative consequences relating to these risks and uncertainties could jeopardize or limit our ability to transact business in one or more of those markets where we operate or in other developing markets and could adversely affect our financial results. We depend on the availability of, and good relations with, our employees. We have approximately 115,000 employees, approximately 37,000 of whom are covered by collective bargaining agreements or are members of labor unions. Our operations depend on the availability and relative costs of labor and maintaining good relations with employees and the labor unions.If we fail to maintain good relations with our employees or with the labor unions, we may experience labor strikes or work stoppages, which could adversely affect our financial results. We depend on contract growers and independent producers to supply us with livestock. We contract primarily with independent contract growers to raise the live chickens processed in our poultry operations. A majority of our cattle and hogs are purchased from independent producers who sell livestock to us under marketing contracts or on the open market. If we do not attract and maintain contracts with growers or maintain marketing and purchasing relationships with independent producers, our production operations could be negatively affected. If our products become contaminated, we may be subject to product liability claims and product recalls.Our products may be subject to contamination by disease-producing organisms or pathogens, such as Listeria monocytogenes, Salmonella and E. coli. These organisms and pathogens are found generally in the environment therefore, there is a risk that one or more, as a result of food processing, could be present in our products. These organisms and pathogens also can be introduced to our products as a res ult of improper intervention at the further processing, foodservice or consumer level. These risks may be controlled, but may not be eliminated, by adherence to good manufacturing practices and finished product testing. We have little, if any, control over handling procedures once our products have been shipped for distribution.Even an inadvertent shipment of contaminated products may be a violation of law and may lead to increased risk of exposure to product liability claims, product recalls (which may not entirely mitigate the risk of product liability claims), increased examination and penalties, including injunctive relief and plant closings, by federal and state regulatory agencies, and adverse publicity, which could exacerbate the associated negative consumer reaction. Any of these occurrences may have an adverse effect on our financial results. Our operations are subject to general risks of litigation. We are involved on an on-going basis in litigation arising in the ordina ry course of business or otherwise. Trends in litigation may include class actions involving consumers, shareholders, employees or injured persons, and claims relating to commercial, labor, employment, antitrust, securities or environmental matters.Litigation trends and the outcome of litigation cannot be predicted with certainty and adverse litigation trends and outcomes could adversely affect our financial results. Our level of indebtedness and the terms of our indebtedness could negatively impact our business and liquidity position. Our indebtedness, including borrowings under our revolving credit facility, may increase from time to time for various reasons, including fluctuations in operating results, working capital needs, capital expenditures and possible acquisitions, joint ventures or other significant beginning(a)s. Our consolidated indebtedness level could adversely affect our business because t may limit or impair our ability to obtain financing in the future our cr edit ratings (or any decrease to our credit ratings) could restrict or impede our ability to access capital markets at desired interest rates and increase our borrowing costs it may reduce our flexibility to respond to changing business and economic conditions or to take advantage of business opportunities that may rise up a portion of our cash flow from operations must be dedicated to interest payments on our indebtedness and is not available for other purposes and it may restrict our ability to pay dividends. Our revolving credit facility contains affirmative and negative covenants that, among other things, may limit or restrict our ability to create liens and encumbrances stimulate debt merge, dissolve, liquidate or consolidate dispose of or transfer assets change the nature of our business pack in certain transactions with affiliates and enter into sale/leaseback or hedging transactions, in each case, subject to certain qualifications and exceptions.In addition, we are requir ed to maintain minimum interest expense coverage and maximum debt to capitalisation ratios. Our 4. 50% Senior notes due June 2022 also contain affirmative and negative covenants that, among other things, may limit or restrict our ability to create liens engage in certain sale/leaseback transactions and engage in certain consolidations, mergers and sales of assets. 9 An impairment in the carrying value of goodwill could negatively impact our consolidated results of operations and net worth. goodwill is initially recorded at fair value and is not amortized, but is reviewed for impairment at least annually or more frequently if impairment indicators are present.In assessing the carrying value of goodwill, we make estimates and assumptions about sales, operating margins, growth rates and deductive reasoning rates based on budgets, business plans, economic projections, anticipated future cash flows and marketplace data. There are inherent uncertainties related to these factors and man agements judgment in applying these factors. Goodwill valuations have been calculated principally using an income approach based on the present value of future cash flows of each reporting unit and are believed to reflect market participant views which would exist in an exit transaction. Under the income approach, we are required to make various judgmental assumptions about appropriate discount rates.Disruptions in global credit and other financial markets and deterioration of economic conditions, could, among other things, cause us to increase the discount rate used in the goodwill valuations. We could be required to evaluate the recoverability of goodwill prior to the annual assessment if we experience disruptions to the business, unexpected significant declines in operating results, divestiture of a significant component of our business or sustained market capitalization declines. These types of events and the resulting analyses could result in goodwill impairment charges in the future, which could be substantial. As of September 29, 2012, we had $1. 9 billion of goodwill, which represented approximately 16% of total assets. Domestic and international government regulations could impose material costs.Our operations are subject to extensive federal, state and foreign laws and regulations by authorities that oversee food safety standards and processing, packaging, storage, distribution, advertising, labeling and export of our products. Our facilities for processing chicken, beef, pork, prepared foods and milling feed and for housing live chickens and swine are subject to a variety of international, federal, state and local laws relating to the protection of the environment, including provisions relating to the discharge of materials into the environment, and to the health and safety of our employees. Our domestic chicken, beef and pork processing facilities are participants in the HACCP program and are subject to the Public Health Security and Bioterrorism P reparedness and Response Act of 2002.In addition, our products are subject to inspection prior to distribution, primarily by the USDA and the FDA. Also, our livestock procurement and poultry growout activities are regulated by the Grain Inspection, Packers and Stockyards Administration, which is part of USDAs Marketing and Regulatory Programs. evil of or failure to obtain necessary permits and registrations could delay or prevent us from meeting current product demand, introducing new products, building new facilities or acquiring new businesses and could adversely affect operating results. Additionally, we are routinely subject to new or modified laws, regulations and accounting standards.If we are found to be out of compliance with applicable laws and regulations in these or other areas, we could be subject to civil remedies, including fines, injunctions, recalls or asset seizures, as well as potential criminal sanctions, any of which could have an adverse effect on our financial results. A material acquisition, joint venture or other significant initiative could affect our operations and financial condition. We periodically evaluate potential acquisitions, joint ventures and other initiatives (collectively, transactions), and we may seek to expand our business through the acquisition of companies, processing plants, technologies, products and services, which could include material transactions.A material transaction may involve a number of risks, including failure to realize the anticipated benefits of the transaction difficulty integration acquired businesses, technologies, operations and personnel with our existing business diversion of management attention in connection with negotiating transactions and integrating the businesses acquired exposure to unforeseen or unrevealed liabilities of acquired companies and the need to obtain additional debt or equity financing for any transaction. We may not be able to address these risks and successfully dev elop these acquired companies or businesses into profitable units. If we are unable to do this, such expansion could adversely affect our financial results.Market fluctuations could negatively impact our operating results as we hedge certain transactions. Our business is exposed to fluctuating market conditions. We use derivative financial instruments to reduce our exposure to various market risks including changes in commodity prices, interest rates and foreign exchange rates. We hold certain positions, primarily in grain and livestock futures, that do not qualify as hedges for financial reporting purposes. These positions are marked to fair value, and the unrealized gains and losses are reported in earnings at each reporting date. Therefore, losses on these contracts will adversely affect our reported operating results.While these contracts reduce our exposure to changes in prices for commodity products, the use of such instruments may ultimately limit our ability to benefit from lucky commodity prices. Deterioration of economic conditions could negatively impact our business. Our business may be adversely affected by changes in economic conditions, including inflation, interest rates, access to capital markets, consumer spending rates, energy availability and costs (including fuel surcharges) and the effects of governmental initiatives to manage economic conditions. Any such changes could adversely affect the demand for our products, or the cost and availability of our needed raw materials, cooking ingredients and packaging materials, thereby negatively affecting our financial results. 10Disruptions in global credit and other financial markets and deterioration of economic conditions, could, among other things make it more difficult or costly for us to obtain financing for our operations or investments or to refinance our debt in the future cause our lenders to depart from prior credit industry practice and make more difficult or expensive the grant ing of any amendment of, or waivers under, our credit agreement to the extent we may seek them in the future impair the financial condition of some of our customers and suppliers thereby increasing customer bad debts or nonperformance by suppliers negatively impact global demand for protein products, which could result in a reduction of sales, operating ncome and cash flows decrease the value of our investments in equity and debt securities, including our marketable debt securities, company-owned life insurance and pension and other postretirement plan assets negatively impact our commodity purchasing activities if we are required to record losses related to derivative financial instruments or impair the financial viability of our insurers. Changes in consumer preference could negatively impact our business. The food industry in general is subject to changing consumer trends, demands and preferences. Trends within the food industry change often, and failure to identify and react to changes in these trends could lead to, among other things, reduced demand and price reductions for our products, and could have an adverse effect on our financial results. The loss of one or more of our largest customers could negatively impact our business.Our business could suffer significant setbacks in sales and operating income if our customers plans and/or markets change significantly or if we lost one or more of our largest customers, including, for example, Wal-Mart Stores, Inc. , which accounted for 13. 8% of our sales in fiscal 2012. Many of our agreements with our customers are short-term, primarily due to the nature of our products, industry practice and the fluctuation in demand and price for our products. The consolidation of customers could negatively impact our business. Our customers, such as supermarkets, warehouse clubs and food distributors, have consolidated in recent years, and consolidation is expected to continue throughout the United States and in other majo r markets.These consolidations have produced large, sophisticated customers with increased buying power who are more capable of operating with reduced inventories, opposing price increases, and demanding lower pricing, increased promotional programs and specifically tailored products. These customers also may use shelf space currently used for our products for their own private label products. Because of these trends, our volume growth could reluctant or we may need to lower prices or increase promotional spending for our products, any of which would adversely affect our financial results. Extreme factors or forces beyond our control could negatively impact our business.Natural disasters, fire, bioterrorism, pandemic or extreme weather, including droughts, floods, excessive cold or heat, hurricanes or other storms, could impair the health or growth of livestock or interfere with our operations due to power outages, fuel shortages, damage to our production and processing facilities or disruption of transportation channels, among other things. Any of these factors, as well as disruptions in our information systems, could have an adverse effect on our financial results. Media campaigns related to food production present risks. Media outlets, including new social media platforms, provide the opportunity for individuals or organizations to publicize inappropriate or inaccurate stories or perceptions about our Company or the food production industry.Such practices have the ability to cause damage to our brands, the industry generally, or consumers perceptions of our Company or the food production industry and may result in negative publicity and adversely affect our financial results. Our renewable energy ventures and other initiatives might not be successful. We have been exploring ways to convert animal fats and other by-products from our operations into value-added products. For example, our joint venture Dynamic Fuels produces renewable synthetic fuels. We will continue to explore other ways to commercialize opportunities outside our core business, such as renewable energy and other technologically-advanced platforms.These initiatives might not be as financially successful as we initially announced or might expect due to factors that include, but are not limited to, availability of tax credits, competing energy prices, failure to operate at the volumes anticipated, abilities of our joint venture partners and our limited experience in some of these new areas. 11 Tyson Limited Partnership can exercise significant control. As of September 29, 2012, Tyson Limited Partnership (the TLP) owns 99. 977% of the outstanding shares of the Companys Class B Common Stock, $0. 10 par value (Class B stock) and the TLP and members of the Tyson family own, in the aggregate, 2. 53% of the outstanding shares of the Companys Class A Common Stock, $0. 10 par value (Class A stock), giving them, collectively, control of approximately 71. 2% of the total voting po wer of the Companys outstanding voting stock. At this time, the TLP does not have a managing general partner, as such, the management rights of the managing general partner may be exercised by a majority of the percentage interests of the general partners. As of September 29, 2012, Mr. John Tyson, professorship of the Board of Directors, has 33. 33% of the general partner percentage interests, and Ms. Barbara Tyson, a director of the Company, has 11. 115% general partner percentage interests (the remaining general partnership interests are held by the Tyson Partnership Interest Trust (44. 44%) and Harry C. Erwin, III (11. 15%)). As a result of these holdings, positions and directorships, the partners in the TLP have the ability to assert substantial influence or actual control over our management and affairs and over substantially all matters requiring action by our stockholders, including amendments to our restated certificate of incorporation and by-laws, the election and remova l of directors, any proposed merger, consolidation or sale of all or substantially all of our assets and other corporate transactions. This concentration of ownership may also delay or prevent a change in control otherwise favored by our other stockholders and could depress our stock price.Additionally, as a result of the Tyson familys significant ownership of our outstanding voting stock, we are eligible for controlled company exemptions from certain corporate governance requirements of the New York Stock Exchange. ITEM 1B. UNRESOLVED STAFF COMMENTS None ITEM 2. PROPERTIES We have production and distribution operations in the following states Alabama, Arkansas, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Mississippi, Missouri, Nebraska, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, Washington and Wisconsin. We also have sales offices throughout the United States.Additionally, we, either directly or through our subs idiaries, have sales offices, facilities or participate in joint venture operations in Argentina, Brazil, Canada, China, the Dominican Republic, Hong Kong, India, Japan, Mexico, the Netherlands, Peru, the Philippines, Russia, South Korea, Spain, Sri Lanka, Taiwan, Thailand, the United Arab Emirates, the United Kingdom and Venezuela. Owned Chicken Segment Processing plants Rendering plants unify mills Feed mills Broiler hatcheries Breeder houses Broiler farm houses Beef Segment Production Facilities Pork Segment Production Facilities Prepared Foods Segment Processing Plants distribution Centers Cold Storage Facilities 59 15 39 63 593 758 12 9 22 10 67 Number of Facilities Leased 1 2 9 760 1,089 1 7 14 Capacity(1) per week at September 29, 2012 47 million head 174,000 head 448,000 head 46 million pounds measure 60 15 2 41 72 1,353 1,847 12 9 23 17 81 Fiscal 2012 Average Capacity Utilization 88% 76% 90% 85% Chicken Processing Plants Beef Production Facilities Pork Production Fac ilities Prepared Foods Processing Plants (1) Capacity based on a five day week for Chicken and Prepared Foods, while Beef and Pork are based on a six day week. 12 Chicken Chicken processing plants include various phases of slaughtering, dressing, cutting, packaging, deboning and furtherprocessing.We also have 16 pet food operations, which are part of the Chicken processing plants. The unify mills, feed mills and broiler hatcheries have sufficient capacity to meet the needs of the chicken growout operations. Beef Beef plants include various phases of slaughtering live cattle and fabricating beef products. Some also treat and tan hides. The Beef segment includes three case-ready operations that share facilities with the Pork segment. One of the beef facilities contains a tallow refinery. Carcass facilities reduce live cattle to dressed carcass form. Processing facilities conduct fabricating operations to produce boxed beef and allied products.Pork Pork plants include various phases o f slaughtering live hogs and fabricating pork products and allied products. The Pork segment includes three case-ready operations that share facilities with the Beef segment. Prepared Foods Prepared Foods plants process fresh and frozen chicken, beef, pork and other raw materials into pizza toppings, branded and processed meats, appetizers, prepared meals, ethnic foods, soups, sauces, side dishes, pizza crusts, flour and corn tortilla products and meat dishes. Our Dynamic Fuels joint venture produces renewable synthetic fuels. Construction of production facilities was completed in late fiscal 2010, and initial production began in October 2010.Dynamic Fuels operates one plant with designed annual capacity of 75 million gallons. We believe our present facilities are generally adequate and suitable for our current purposes however, seasonal fluctuations in inventories and production may occur as a reaction to market demands for certain products. We regularly engage in construction and other capital improvement projects intended to expand capacity and improve the efficiency of our processing and support facilities. We also consider the efficiencies of our operations and may from time to time consider changing the number or type of plants we operate to align with our capacity needs. ITEM 3.LEGAL PROCEEDINGS Refer to the description of certain legal proceedings pending against us under Part II, Item 8, Notes to Consolidated Financial Statements, Note 19 Commitments and Contingencies, which discussion is incorporated herein by reference. Listed below are certain additional legal proceedings involving the Company and/or its subsidiaries. On October 23, 2001, a putative class action lawsuit styled R. Lynn Thompson, et al. vs. Tyson Foods, Inc. was filed in the regularise cost for Mayes County, Oklahoma by three property owners on behalf of all owners of lakefront property on Grand Lake O the Cherokees. Simmons Foods, Inc. and Peterson Farms, Inc. also are defendants. The plaintiffs allege the defendants operations diminished the water quality in the lake thereby interfering with the plaintiffs use and enjoyment of their properties.The plaintiffs sought injunctive relief and an unspecified amount of compensatory damages, punitive damages, attorneys fees and costs. While the District court of law certified a class, on October 4, 2005, the Court of Civil Appeals of the State of Oklahoma reversed, holding the plaintiffs claims were not suitable for disposition as a class action. This decision was upheld by the Oklahoma Supreme Court and the case was remanded to the District Court with instructions that the matter proceed only on behalf of the three named plaintiffs. Plaintiffs seek injunctive relief, restitution and compensatory and punitive damages in an unspecified amount in excess of $10,000.We and the other defendants have denied liability and asserted various defenses. The defendants have requested a trial date, but the court has not yet sche dule the matter for trial. Since 2003, nine lawsuits have been brought against us and several other poultry companies by approximately 150 plaintiffs in Washington County, Arkansas Circuit Court (Green v. Tyson Foods, Inc. , et al. , Bible v. Tyson Foods, Inc. , Beal v. Tyson Foods, Inc. , et al. , McWhorter v. Tyson Foods, Inc. , et al. , McConnell v. Tyson Foods, Inc. , et al. , Carroll v. Tyson Foods, Inc. , et al. , Belew v. Tyson Foods, Inc. , et al. , Gonzalez v. Tyson Foods, Inc. , et al. , and Rasco v. Tyson Foods, Inc. , et al. alleging that the land application of poultry litter caused arsenic and pathogenic mold and fungi contamination of the air, soil and water in and around Prairie Grove, Arkansas and seeking recovery for several types of personal injuries, including several forms of cancer. On August 2, 2006, the Court granted summary judgment in favor of Tyson and the other poultry company defendants in the first case to go to trial, which the plaintiffs appealed, and the trial court stayed the remaining eight lawsuits pending the appeal. On May 8, 2008, the Arkansas Supreme Court reversed the summary judgment and remanded for a new trial. The remanded trial was held and the jury returned a finding of fact in our favor.The plaintiffs appealed this verdict to the Arkansas Supreme Court, which affirmed the verdict and denied the plaintiffs petition for rehearing. The second trial, originally scheduled for October 22, 2012, was canceled and no new trial date has been set. Other Matters We currently have approximately 115,000 employees and, at any time, have various employment practices matters outstanding. In the aggregate, these matters are significant to the Company, and we devote significant resources to managing employment issues. Additionally, we are subject to other lawsuits, investigations and claims (some of which involve substantial amounts) arising out of the conduct of our business.While the ultimate results of these matters cannot be d etermined, they are not expected to have a material adverse effect on our consolidated results of operations or financial position. ITEM 4. MINE SAFETY DISCLOSURES Not applicable. 13 EXECUTIVE OFFICERS OF THE COMPANY Our officers serve one year terms from the date of their election, or until their successors are name and qualified. No family relationships exist among these officers. The name, title, age and year of initial election to executive office of our executive officers are listed below Name Curt T. Calaway Kenneth J. Kimbro Donnie King Dennis Leatherby mob V. Lochner Donnie Smith John Tyson David L.Van Bebber Noel White Title Senior Vice chair, Controller and Chief Accounting Officer Senior Vice President, Chief Human Resources Officer Senior Group Vice President, Poultry and Prepared Foods Executive Vice President and Chief Financial Officer Chief Operating Officer President and Chief Executive Officer Chairman of the Board of Directors Executive Vice President and Gener al Counsel Senior Group Vice President, Fresh Meats advance 39 59 50 52 60 53 59 56 54 Year Elected Executive Officer 2012 2009 2009 1994 2005 2008 2011 2008 2009 Curt T. Calaway was prescribed Senior Vice President, Con
Saturday, May 25, 2019
Locke and Shakespeare
It is important to note that Lockes Second Treatise on Government is fully rooted on slightlything ideological and taking part of it can be considered inappropriate, specially, because the circumstances Locke laid on his work varies form that of Richard II. Knowing this, Richard II can only be analyzed with reference to some concepts found on Lockes philosophy rather than an actual application or portrayal of such.Following the flow of Lockes work, I entrust fall out with his concept of the convey of war. Locke indicated that a state of war is in contrast with the natural tendency of men to preserve life. On the other hand, there atomic number 18 certain factors that may threaten a person and may lead him to war or destruction, but never license him to do so. He supposes that prudish implementation of the law and penalty can pr scourt war.During the onset of the play, it is clear that Richard II has made an erroneous error in not being sufficient to settle and rule a fair ju dgement on the dispute between Bolingbroke and Mowbray. When there is a clear indication that law has been broken and that punishment has no basis or bearing and thus, altered, questions will arise and later bring forth war.More of this can be discussed when I go into the position of political and civil society and the dissolution of the presidential term later in this paper. My point here is that Richard IIs mercy of reducing Bolingbrokes doom to 6 years, no matter how justified, is an act outside of the law that he, himself, should inculcate and practice. Not to add that the trial by combat that was set for Bolingbroke and Mowbray did not coach place upon the kings discretion.I understand that at the time this play was written, the King is someone ordained by Heaven to rule and so, has the skilful to grant mercy, create laws, wage war, etc I believe, on the other hand, perhaps, in one way, or another, similar to Locke, that power is a gift that should never be abused and shou ld always be used for the benefit of the natural soldiery. A state of nature has existed and can never be repelled from. In a observant stage, at this time, that recognizems very unlikely, and so it does, in Richard II, and so, the next turn of events.The next is Lockes concept on property. He pre-supposes that mans right on grease came from the fact that he get hold ofs it to survive and he will work to own and maintain it for himself. Knowing that there was a lot of land for everyone, he assumes that each can be afforded an equal share and that people are not supposed to take more than needed. He discussed that the value attributed to land, i.e. gold, liquid or diamonds is nothing compared to the main purpose survival.The application of this concept is obvious in consideration of the fact that during the time the play was written colonization and acquisition of land, in the name of the King was like a trend. My point in mentioning this though is that improper allocation of funds, seizure of property as well as the war to Ireland are all part of the picture that led Richard II to his tragic ending.While the priorities of the king is largely different from that of the earthy man, the main lawfulness in surrendering ones fate to the king is for reasons of survival. Locke has discussed that a mans title for property is his own labor. The king however, thinks otherwise. I think that a king believes that everything under his land is considered his possession.In the ideal sense, this is true because knowing that the king holds the title to everything means the king has to protect, nurture and make sure that his kingdom is living the good life. In Richard IIs case, it seems different. Well, maybe, for that entire period, expanding the land and winning over governance is the main aim of the king. The bottom line is that trance the king is busy making sure he owns and rules a larger kingdom, the people are busy criticizing what the king should do.Moving on , Lockes discussion on the political and civil society and the dissolution of government is the main theme of Richard II as well as of this assignment. Locke primarily said that a government exists when people decides to resign their individual rights to the government. He however, explicitly points out that there is no place for absolute monarchy in a civil society. This is because having the rights of all see on one or few people means that judgement is overseen.Knowing that the ruler is also the maker and implementer of laws mean that the ruler is not subjected to every judge the ruler cannot judge himself, perhaps only by conscience, but seemingly, the ruler becomes above of everything he has set. And so, such may lead to anarchy, rebellion and the riot of the government.The type of government alone is already a subject of discussion for if Locke doesnt believe in monarchy, then the governance of Richard II is already considered a true government. Perhaps that was the reason why anarchy, as Locke has discussed, took place later on.Earlier in this paper, Ive mentioned that the kings priorities are different from the common man. It is important to note that even Locke agrees that the common man will not understand this. The common mans concern is simply his/her survival it doesnt matter how, where, when, as long as they assimilate the right to land and live well, then all should be well.I think this is where Richard II failed as a king. He understands the need for war (land), the ways (funds) and even the need for strong governance (resolving conflict and politics) but he did not see things in a bigger picture, he did not use Lockes simple interpretation of things. He didnt listen to the needs of the people and focused only on his needs as king.The way the play has progressed revealed how all of Lockes descriptions and/or principles come into perfect merge with the eventual ending. As I pee discussed with his principles on the state of war and of prop erty, it is clear that Richard II has brought his fate upon himself when he acted upon his assumptions. If he hasnt ordered the death of the Duke of Gloucester, Henry wouldnt have had the opportunity to accuse Mowbray with treason (diversion of funds and the Dukes death).If he has chosen to let the law decide on the fate of both, he wouldnt have faced the dilemma of banishment. Perhaps it was guilt, for Henrys accusation was true, perhaps, it was because he failed to foresee the course of evens and thought that banishing Henry will be a good-of-a-solution to happen his popularity with the commoners from increasing, or perhaps, it was simply because he was just a weak king.Locke also discussed that the dissolution of the government as a result of rebellion does not of necessity mean that the government will cease to exist. It means that change is needed and a new governance is required. Perhaps, this is why Richard II chose to step down without the need for violence and allowed Hen ry to rule. Come to think of it, if he didnt step down, he wouldnt have had enough power and manpower to protect him anyway, for even his own army was easily swayed with rumor that he was dead.It is on that change of governance that Locke finished his discussion. The play however progressed further into the tragedy it is known for the cut up of Richard II. I think this part can be associated to Lockes early discussion on mans state of nature. It is quite funny that in spite of the fact that a political and civil society (at least if we are to forego the fact that its a monarchy) already exists in Richard II, mans state of nature where he believes that he has power over someone weak and/or has the right to subject someone who has offended him will always be part of it.And so, Sir Pierce killed Richard II, thinking it is what Henry desires, which is actually true, but in any case, has caused his banishment. This simply proves that man no matter what state he or she is, will alway s be man, just as Locke attempted to base when he discussed his theory.If youll come to think of it, this last scenario is not so much different with the onset of the play where Mowbray was accused of murder and was banished. The irony of such similarity may simply mean that unless the government is changed, the process will repeat.
Thursday, May 23, 2019
How environmental threats are influencing federal and state governments Essay
Executive SummaryIntroductionEnvironmental threats argon influencing national and postulate governments including other agencies such as universities to investigate how other favorable and giving medication aspects privy be incorpo numberd into the sustainability framework. Little critical doubtfulness exists on this matter and a paradigm hammock is attempting to integrate and use innate fellowship to inform contemporary environmental policy decisions and look atment solutions. Binthi Wambal cardinal sights case psychoanalyze is an example of how complex this topic is. scene of use trope shifts are taking into consideration handed-downistic bionomic Knowledge (TEK) to be incorporated into sustainability frameworks in a context where little critical analysis has interpreted place. Much of this participatory approach is a new methodology used to work with autochthonic groups cotton uping the uniqueness and complexities of incorporating these governance structures wi thin legislative frameworks including the honourable considerations and mistrust towards governments.Report ReviewsReviews of 3 authoritative sources pertaining to endemic governance and sustainability show that at that place is a dichotomy between western science and Traditional Ecological Knowledge and that recommendations need to be taken into account for improved management. Case Study and Recommendations Binthi Wambal Aboriginal club (BWAC) Operating as a sm any scheme in a remote region, BWAC subscribe the ability to manage their affairs yet are chthonian-resourced and does non fulfill an income to manage the outs and problems that are change their objectives to give their aims. This section addresses the issues and problems experienced by BWAC and what they would have to change to manage these problems.ConclusionThe review of governance issues and indicators of association integrationacross the types run ons that autochthonal governance and Indigenous-driven co-governance are important factors towards the integration of IEK and western science for sustainability of accessible-ecological systems. This advertise highlights that there are challenges towards achieving sustainability highlighting recommendations to take into consideration as evidenced with BWACs experience.IntroductionThis report reviews three authoritative daybooks pertaining to Aboriginal environmental, governance and social aspects of sustainability to analyse the roles of bunch and culture on understanding of attitudes towards behaviours relevant to sustainability and business. First, an overview of the context reviewing the general literature on values, culture and sustainability pertaining volition be provided. Next, recommendations to link heathen value systems and sustainability to improve relationships to modern governance, local council, various agencies and researchers for improved co-management systems leave behind be analysed. The case study of Binthi Wa mbal Aboriginal Corporation (BWAC) as an enterprise will be presented to highlight the complexities of this issue and describe a set of recommendations to change how the enterprise can manage heathen differences in sustainability strategies.This case study illustrates the dilemmas and difficulties to reach a consensus of cross-cultural work to local co-manager efforts to translate across knowledge systems and the knowledge-action divide. Environmental threats are influencing federal and state government including other agencies such as universities to investigate how other social and governance aspects can be incorporated into the sustainability framework. Little critical inquiry exists on this topic and a paradigm shift is attempting to integrate and use Indigenous Knowledge (IK) to inform contemporary environmental policy decisions and management solutions. How can the interactions between scientific and Indigenous Knowledge (IK) systems be effectively negotiated for the joint m anagement of social-ecological systems? This is an important question because on Indigenous refines where co-management efforts respond to pressing saving agendas the contribution of scientific knowledge and IK is required to better understand and manage complex social-ecological systems.The integration of Indigenous Ecological Knowledge (IEK) and western scienceto push cultural diversity in the management of social-ecological system sustainability offers opportunities for Indigenous pluralitys to engage with m any decentralised approaches to environmental management. Within this context it is important to understand how constitutions device to sustain the whole system so that every mavin can benefit for the generations to come. Factors such as the adaptive co-management context, the intrinsic characteristics of the natural resources, and the governance systems affect the diverse processes of have IEK and western science. Scholars of cooking have debated and through empirica l observation tested that saved areas therefore provide a context in which many of the ideas and concepts are different. The sharing the heart and soul of management responsibilities have emerged as a potential new paradigm in natural resource imagening with developing co-op relationships with local stakeholders.ContextThe marginalisation and dispossession of Indigenous peoples in Australia, until recent decades, is also attributed to the establishment of protected areas. Participation of Indigenous people in recent conservation planning and country management has enabled them to develop and refine governance and policy frameworks to recognise protected areas as part of Indigenous land and sea country. The co-management of terrestrial protected areas and the declaration and management of Indigenous protected areas is an arena that Australian is internationally pioneering. Further policy and protocol discipline has not progressed uniformly across Australia collectable to Achiev ement of practical, meaningful social and environmental benefits through conservation agreements and activities. Implications of native title determinations over protected areas Recognition of Indigenous peoples redresss and interests in marine protected area managementThis process has provided scope for recommendations for advancements to enhance the recognition, respect and rights of Traditional Owners as protected area co-managers for better social dimensions and righteousness. Across existing cooperative planning models improved partnerships and communications are needed to enable Indigenous and non- Indigenous collaborators to share ways of enabling country-based planning and management to assist in species and landscape conservation. Hills (2006)framework and table highlight the polar approaches to managements based on the Kuku Yalangi case study in the Wet Tropics cosmos heritage commonwealth (Appendix A). The conservation management literature in recent familys has hig hlighted that co-management of parks and protected areas is important. Based on the experience of park managers try to integrate the protected area with the socioeconomic fabric of the surrounding region has supported the rationale for this approach to protected area management. This rich experience informs calls for co-management however, the speculative rationale for an explanation of co-management, have been slow in realisation.Aspects, edit outs and ProblemsFour issues are identified for the incorporation of Indigenous value systems and how different cultures influence the social dimension, responsibleness and modern governance. The process of interrelation has alter not only the articulation of Aboriginal identities, but also implicates the importance of local cosmologies The practice of cultural differences, beliefs and values that reflects to individual behaviours represent their identity and organization The local community are themselves deeply affected by the growing saturation forms of knowledge, practice and values including socio cultural through colonial interference Modern governance and legislation affect traditionalistic beliefs and cultures learned from ancestorsIssue 1 Interrelations and implications of Aboriginal identitiesIt is recommended that support be provided to Traditional Owners to continue their practices to incorporate their beliefs, values and culture, to sustain the community relationships and the social dimensions of each group of agency and government sector. It is important to assist them to build their capacity to experience that these practices will be passed onto the next generational to encourage more than sustainability in social and environmental aspects in the future. The action needs to be delivered with respect to hold up the social dimension of the communities for improved governance.Issue 2 Cultural differences, beliefs and valuesonce more it is recommended that respect be shown to individual or organisat ions in order to achieve a sustainable environment or relationship. Good governance and leadership can deliver the social equity to achieve eachindividual or organisation goals or projects. Their information is thousands of years old and should be given the respect it deserves.Issue 3 Introduced influencesThe effects of colonialism has affected many Indigenous societies creating a wedge and feelings of mistrust and caution with imparting Traditional Knowledge without compensation or recognition. It is recommended that Indigenous people be provided with support for capacity building, governance, Intellectual attribute rights and access to their country without exploitation. Issue 4 The influences of modern governance and legislation Indigenous people perceive current legislations, especially the Native Title bear 1993, as very racist that supports colonial practices to conquer and divide and therefore are very reluctant to partake in government conservation strategies. financial su pport to deliver the projects is minimum and not guaranteed to be on-going. Green washing by the governments is also another contributing factor affecting Indigenous participation. The land is very sacred and central to Indigenous people and the environmental schemes offered by governments are perceived as a carrot on a sire to coax people in to provide information for management plans to destroy the land for mining activities. drop Councils are funded by governments to administer these ineffective schemes without any accountability. Bohnets (2009) application of socio-logical planning framework on a holistic landscape in the Tully-Murray basin to test its transferability and effectiveness for knowledge integration in a water quality improvement planning context in the Great Barrier Reef proved to be challenging that achieved rewarding results. The realisation that social and ecological knowledge is a key issue and research priorities in landscape ecology is supported by Bohnet (2 0091) who states that further research into the roles of responsibilities of multi-stakeholder for knowledge integration in developing and managing sustainable land- and sea-scapes is recommended.Figure 1 Bohnets (2009) Flow of the adaption and operationalisation of the socio-logical framework for sustainable landscape planning to water quality improvement planning in the TullyMurray BasinReport ReviewsWe present a typology of Indigenous governance in environmental management derived through report review of 3 Australian journals, and consider its implications for the integration of IEK with western science. Our analytical framework is underpinned by sociological and rational choice institutionalism and which are differentiated by these three points (1) officious participation, incorporating participatory planning, engagement with organizations, and coordination approaches (2) Indigenous engagement, Indigenous development and capacity building for intercultural purpose, incorporati ng purposes of environmental management (3) Sharing power, incorporating decision making, defining rules, resource values and retention rights. We attempt to find solutions that are associated to Indigenous-driven co-governance Indigenous governed collaborations and agency governance agency-driven co-governance. We draw on the notion of verge work to examine how interaction at the boundaries of scientific and IK systems can be managed effectively as a contribution to co-management.The case study of Binthi Wambal Aboriginal Corporation (BWAC) illustrates the work necessary for local co-managers to meld scientific and IK systems ensuring that management decisions are informed by the translation of knowledge. Attributes for effective implementing planning in this case include (1) Translating the issues and problems and taking into consideration BWACs recommendations and objectives for participation in agenda setting and joint knowledge production. (2) Taking into consideration the re commendations presented in the reviews to broker interactions between knowledge systems that are supported by co-governance arrangements to contain that boundary work remains accountable, and the production of collaboratively built boundary objects. (3) Providing BWAC with support to develop their capacity for improved business planning, governance, on-country planning and strategic planning. (4) puddleing directly with the organisation rather than Cape York Land Council and Balkanu.This will ensure integrity and that correct information is provided at the same time providing BWAC with the capacity towards self-determination. Szabo and Smyths (2003) summary of the footing to the establishment of Indigenous protected Areas (IPA) in Australia of the legal and policy innovations on which they are based shows thatenvironmental and cultural benefits are inseparable. IPAs are managed and owned by Indigenous peoples and developed collaboratively with federal, state and territory conser vation agencies in accordance with IUCN categories that forms part of Australias national system of protected areas. Szabo and Smyth (20037) through workshopping found that benefits include Getting Traditional Owners back on country, often after long absences Involving school children in IPA field trips, transferring knowledge between generations and strengthening languages Re-establishing traditional burn down practices, maintaining waterholes and reducing feral animal impacts Providing training and employment in managing countryPromoting renewed interest about caring for the country.They also write (20038)In admittance to these formal joint management arrangements, most Australian states and territories have provision for some Indigenous involvement throughout their protected area systems. This might involve, for example, a commitment to consultation with Indigenous people, an Indigenous representative on an advisory committee, some employment or responsibility for Indigenous h eritage protective covering. Indigenous people have consistently expressed the view that such arrangements do not adequately recognise their status as traditional landowners and they are seeking more meaningful involvement, especially at the decision and policy-making level. One feature that is common to all co-management arrangements is the lack of opportunity for Indigenous groups to decide whether or not they wanted their traditional lands to become protected areas. Table 1(Szabo and Smyth 20039) shows a comparison of the main features of IPAs with co-managed protected areas in Australia.Table 1 Comparative features of Indigenous Protected Areas and co-managed national parks in Australia1. Altman, J.C. sustainable Development Options on Aboriginal Land The Hybrid Economy in the Twenty-First Century. CAEPR Discussion penning No. 226, 2001. Challenges to broaden the notion of the economy and development toinclude the customary economy Altmans objectives in this journal is clearly defined and summarised to highlight that there are challenges to understanding the dichotomy of Indigenous and Non-Indigenous sustainability. Working for the Bawinanga Aboriginal Corporation in central Arnhem Land he proposes a model to converge his social science work with a number of biological scientists based at the Australian Research Council ARC Key Centre for Tropical Wildlife Management at the Northern Territory University. He argues that to achieve this required a paradigm shift in ideological positions and notions of development that are entrenched in the market place mentality that do not accommodate cross-cultural and sustainability issues.He successfully outlines the economic development problems that are faced by this periphery group describing the crossbreed economy consisting of market, state and customary components that politicians, policy makers and Indigenous people and their representative organisations do not fully understand. These are the key immediate chal lenges that he raises for this shortfalling as cited from summon 16 The first is to understand the nature of the economy, plan for sustainability, and nurture the hybrid economy in ways that mesh with Indigenous values. The second is to shift the political debate to ensure a recognition of customary contributions provided by Indigenous people to regional and national economies and industries, and ensure appropriate financial underwriting by those who benefit, Finally, market opportunities in many remote localities are rare, so when new opportunities arise they mustiness be quickly harnessed by Indigenous interests. It is urgent that newly emerging property rights (e.g. in tradeable carbon credits) are commercially realised not alienated as in the past.Overall, the article is concise, however it should be understood in a pioneering context. In summing up the concepts, argument and method used to show his evidence served its purpose to shed light on this topic to contribute positiv e approaches to combine Indigenous and Non-Indigenous sustainability. His explanation to show that Indigenous contributions are quantified and should be recognised in mainstream economies was achieved. His arguments provides an alternative pathway to improve the unsatisfactory analytical approaches that fail to ask how develop based on market engagement be delivered to communities that are extremely remote fromlocational and cultural markets. In its context his suggested framework to understand the hybrid economy through hybrid analytical and intellectual combination of science, social science and Indigenous Knowledge systems is plausible and part relevant to BWAC.2. Smith, B. A Complex Balance Mediating Sustainable Development Cape York Peninsula. The Drawing Board An Australian Review of Public Affairs, 2003. Recognising differences and compromising between Indigenous and non-Indigenous ways Smith accomplishes his objective to describe a sustainable development project in a remo te rural Aboriginal community. He empirically examines through his field work in central Cape York Peninsula (1996 2003) the differences and ongoing compromises between forms of social and political and economic organisations of Indigenous and non-Indigenous ways. His methodology effectively demonstrates that development intervention is likely to fail when it is not appreciative of differences between Indigenous and Non-Indigenous ideals and ways of doing things to improve human living conditions. He illustrates that impacts such as colonialism and post-colonial impacts and policies such as self-determination and welfare dependencies have contributed to the problems affecting good governance. Shifts in recent policy and research of engagement with economic, social, political and environment considerations were flawed and flagged traditional Indigenous values affecting development.On page 101 he writes this lack of engagement with Indigenous ideals and ways of doing things pervades Australias mainstream Indigenous discourse. Whereas the mainstream discourse, more obviously material poverty and social problems take priority over cultural or symbolic dimensions of Indigenous life and of the relationship between Indigenous and non-Indigenous populations. He develops his arguments based on authoritative sources to support that intervention of external agencies would be more effective when they work with rather than against local values and practices. To support his argument he draws on his fieldwork to examine how a contemporary remote Aboriginal community is pursuing sustainable development and how cultural dimensions shape and drive the communitys efforts.Incorporated into his ethnographical approach a historical analysis showed innovative approaches that explained the corporations successes to involve the articulation of different cultural domains mainstream or Western and local Indigenouslife-worlds in its day-to-day operations, involving divergent aspirati ons and values. Aspirations included an emphasis on decentralisation and outstation development, land rights, the resourcing of activities on traditional lands, and town-based economic development, employment and training opportunities. Based on his observations, for Aboriginal autonomy to be successful the social and cultural dimensions of development projects need to be taken into consideration. Again, this paper has to be appreciated in the context that it was written as it is slightly outdated and based on evidence when the movement towards Indigenous sustainable development was in the trailing stages.3. Smith, B. We Got Our Own Management Local Knowledge, governing body and Development in Cape York Peninsula, 2005. Indigenous perspectives of governance in Cape York Peninsula Again Smith relies on his fieldwork in Coen to examine the growing interrelationship of local knowledge and projects of government amongst Indigenous Australians. He relies on ethnographical material to hi ghlight the tensions and complexities of land and natural resource management involving traditional owners. In analysing the ways in which the concept of management he demonstrates the growing interrelation of originally perspicuous indigenous and exogenous systems that has affected the articulation of Aboriginal identities and implicated in the current importance of local cosmologies. He cleverly entices the reader by utter a story of a meeting about the Hendra virus threats and transferred from flying foxes to horses and humans between local traditional owners and Queensland Parks and Wildlife Service (QPWS) Scientist.In finical he relates how Traditional Owners version of cosmology that the flying foxes come from the mouth of the rainbow serpent did not agree with the scientist who told them that they flew up from Ravenshoe. His statement on page 6 conjures up this extremity for these men and women, the articulation of Aboriginal world views, including those closely tied to lo cal cosmologies, has provided a key means of insist not only what they regard as fundamental differences between Aboriginal life-worlds and those social and cultural fields to which these external agencies are fundamentally orientated but also the necessary primacy of Aboriginal cosmologies and linked forms of social organisation in determining the character of local governance projects and natural resource management.Firstly, hesufficiently provides an overview of the governance of Cape York Peninsula by providing a historical analysis of the township and ties in an analysis of Indigenous conceptualisation of the innate. Next, his overview of the development of Indigenous involvement in natural resource management demonstrates the problems associated with negotiating within this framework. He proficiently articulates the views and concerns of his participants and provides evidence that they were not happy with outside organisations based in Cairns working on their business as they felt that their ownership was taken away from them. He writes the sense of localisation insists on the necessity if Aboriginal people representing themselves and the country with which they have personal ties. It further discriminates between forms of knowledge, decision making and practice held to be indigenous to a particular area and the people tied to that area under Murri Aboriginal law, and those forms regarded as exogenous.To achieve his overall objective Smith ties in the work and structure of Chuulangu Aboriginal Corporation situated on the Wenlock River and run by David Claudie who has been very successful in incorporating both Indigenous and Western approaches to cultural and natural resource management as evidenced on their web page www.kaanjugaachi.com.au This document is very relevant to BWAC as aspirations and difficulties experienced with outside organisations are very similar to Chuulangu Aboriginal Corporation. Smiths account of governance in Cape York Peninsula i s a very plausible and relevant document that policy makers, politicians and researchers should read to grasp an understanding to guide socio-ecological methodologies for better social dimensions and social responsibility in delivering projects. The Cape York experiences shares similarities with other Indigenous organisations wanting to achieve the same goals, however, their issues and problems are uniquely different outside this region. Case Study and Recommendations Binthi Wambal Aboriginal Corporation (BWAC)BackgroundBinthi Wambal Aboriginal Corporation (Indigenous Corporation Number ICN 4055) is an Indigenous Organisation that is registered with the Office of the Register of Indigenous Organisations as prescribed by the Corporations (Aboriginal and Torres Strait Islander) work out 2006 (CATSI Act). As outlined in the Rule Book the objectives the corporation aims to achieve areReturnto their traditional landRe-establish their spiritual connection with the landWork their land in both the ancient way of the Aboriginal, and in the modern way of cattle and crops Facilitate the training and education of the corporation members and their families and Establish self-reliance towards the future for the next generation.Binthi country is situated approximately 40 kilometres north of Cooktown on the McIvor River and comprises mixed tenure arrangements within the Guugu Yimithirr Nation (Appendix B). This corporation also manages the protection of the cultural sites within their territory and is aspiring towards self-sufficiency to develop their outstation. They are also very interested in participating in cultural tourism business to share and showcase their culture and country.Aspects or Issues and ProblemsOperating as a small organisation in a remote region, BWAC is under-resourced and does not engender an income to manage the issues and problems that are affecting their objectives to achieve their aims. Binthi people would like to develop strategies and management plans to protect their cultural and natural values that are increasingly affected by mining and pastoralism. With the associated problems of the current economic climate BWAC are keen to address these problems to assist them with funding opportunities and compliancy with the CATSI Act. In 1994 the Indigenous Land Corporation purchased Mt Baird Station for Binthi Traditional Owners and this did not include further support to develop or maintain the property. The rates to the Cook Shire Council are an issue as BWAC cannot afford to pay and trust Vale Aboriginal Council have paid the outstanding amounts and are currently leasing the property for a 10 year period. BWAC also hold lease titles within the Deeds of Grants in Trust (DOGIT) land which is currently managed by a defunct organisation called the Congress of Clans set up and operated by the Cape York Land Council (CYLC) and Balkanu.The government transferred the title to this organisation in 2012 including over $7 million dollar s in ex-gratia money of frozen royal house funds from Cape Flattery Silica Mines and which has been misappropriated by CYLC and Balkanu. This iscurrently a very controversial issue and a major concern to all the Traditional Owner Groups within this boundary, as it impinges upon their rights and access to their country. An illegal and fraudulent process occurred whereby the traditional owners were not negotiated with and the rightful owners of Cape Flattery did not receive their monies. As the signatures were obtained fraudulently the protection of cultural and natural heritage for all involved is at stake.Finally, the community has two tiers of bureaucracy to deal with, including Local Government Authorities and the welfare reform imposed without free and prior informed consent. Partnerships and Cape York Institute that promote this are associated with Cape York Land Council and Balkanu and whose members and affiliates have been the perpetrators of violence that members of BWAC an d the community have tolerated for many years. Ironically, they receive millions of dollars of funding from the government to roll out this program with Local Commissioners who all have criminal histories and no qualifications.RecommendationsIssue 1 Governance and strategic business planningIt is a priority that viable strategic business plans are developed to raise BWAC to a level to be competitive and eligible for funding opportunities to improve administration and governance matters. Regular meetings and reporting are required for compliancy with the CATSI Act and audit purposes. mount opportunities to employ a Project Officer to oversee this is a positive outcome that will alleviate the pressures of these issues at hand. These are to be developed ab initio to then set in place recommendations to be implemented. In doing so, it is important that the business drivers be refined to enhance product quality, cost image and temper to make a difference. The vision and objectives may have to be revisited, so that it is short and realistic in an ever changing environment. The current position will also have to be reconsidered and bought into context, so that gap analysis can be undertake to develop strategies are developed in an action plan for every strategy for implementation and review so that they can be improved. Binthi Wambal, Chuulangu and Dingaal Warra are all working towards the same vision and to do so will also involve exposing Balkanu and Cape York Land Council for corruption and fraud.It isrecommended that these organisations and others support each other and it is expected that the strategic business planning process to take one year to thoroughly complete. Issue 2 Rates for freehold property and tenure associated to Deeds of Grant in Trust lands To overcome the issue to generate income BWAC must develop employment and training strategies in conjunction with viable crop and harvest economy, or other suggested ideas. In addition, partnerships with o ther stakeholders, such as Indigenous organisations, Local Government and government agencies, are recommended as the most practical way for support and to further advance financial problems. It is also recommended that legal advice be obtained on the tenure related problems for counteraction to High Court proceedings and the Human Rights Commission and the International United Nations Committees for breaches of human rights issues.The same applies to challenging the benefit Reform Policies currently in place. Financial assistance for initiation start-up of $250, 000 is required to undertake this task and strategies developed to ensure that these outcomes are achievable. Approximately $10, 000 per annum is required for rate payments. The rates will be an ongoing issue and it is expected that the tenure issue can take approximately 1- 2 years to resolve. In the interim, whilst Hope Vale Council is managing the property BWAC can provide support. Within eight years BWAC can be resourc ed to be able to manage the property.Issue 3 tap ThreatsIt is necessary that BWAC develop a Cultural Heritage Management Plan as prescribed by the Aboriginal Cultural Heritage Act 2003 (Appendix C) and recitation their right to negotiate with mining companies, as specified in section 29 of the Native Title Act 1993. This is beneficial so that agreements can be reached for the protection of cultural sites. Extensive mapping of the sites have occurred and entered onto the state database, however, as the Native Title are a mess BWAC have lost their right to Balkanu and Cape York Land Council to negotiate any matters to their cultural heritage or funding opportunities for land and sea planning matters.These three pressing issues are affecting BWAC ability to function and the implication of the problems impinges on the development of their aspirations and poses perceived threats that require a gap analysis todevise strategies for an Action Plan for implementation and review. In additio n to these dilemmas there are advantages to including IEK into socio-logical framework for sustainable landscape planning equation contributing towards a holistic and inclusive approach for improved social dimensions and social responsibility without Cape York Land Council involvement.ConclusionIn consideration of these issues and recommendation it is envisioned that BWAC can overcome these issues to implement their plans to achieve outcomes with the following objectives keep a leading role in the community on issues such as climate change and sustainability. Ensure that strategic objectives of BWAC are relevant to the local, state and national business community and government. To raise the character and status and advance the interests of BWAC and those engaged therein. Establish and maintain a focused portfolio of activities of activities including research, provision of training, government and executive director development programs, consultancy and other entrepreneurial init iatives. Ensure that BWAC delivers quality in all of its endeavours.Establish an agreed and acceptable system of performance review. Maintain a countywide knowledge of the external resources to optimise ongoing and future funding. Ensure that BWAC uses an appropriate and regular system of external and internal communication To maintain contact and hand with the governments of the Commonwealth of Australia and of its States and Territories and with local and municipal governing bodies and other public and private organisations on matters of concern to BWAC and to the wider community. To increase the confidence of the community in the development of BWAC projects and to ensure transparent accountability. To promote honourable practice and integrity to ensure the success of future projects.From our review of governance issues and indicators of knowledge integration across the types, we support that Indigenous governance and Indigenous-driven co-governance are important factors toward s the integration of IEK and western science for sustainability of social-ecological systems. Distinct Indigenous cultural purposesunderpinning IEK, and benefits knowledge integration can be sustained by supporting Indigenous governance without, or with only a limited requirement for power sharing. We conclude by promoting the reports reviewed be regarded as authoritative on the topic to test its general effectiveness in guiding practitioners and researchers to develop robust governance for Indigenous knowledge integration of periphery groups in environmental management.ReferencesAltman, J.C. (2001), Sustainable Development Options on Aboriginal Land The Hybrid Economy in the Twenty-First Century. CAEPR Discussion Paper No. 226, Centre for Aboriginal Economic Policy Research (CAEPR), Australian National University, Canberra Online, Available https//digitalcollections.anu.edu.au/bitstream/1885/40104/2/2001_DP226.pdf Bohnet, I.C. (2009), Integrating Social and Ecological Knowledge for Planning Sustainable Land and Sea Scapes Experiences from the Great Barrier Reef Region, Australia. Research Article, Landscape Ecology, DOI 10.1007/s10980-010-9504-z, Available http//link.springer.com/article/10.1007/s10980-010-9504-zpage-1 Hill, R. (2006), The Effectiveness of Agreements and Protocols to Bridge Between Indigenous and Non-Indigenous Toolboxes for Protected Area Management As Case Study from the Wet Tropics of Queensland, Society & Natural Resources, 197, 577-599, Available http//www.tandfonline.com/doi/abs/10.1080/08941920600742310.Uowc1-Kn6Ts Smith, B. (2003), A Complex Balance Mediating Sustainable Development Cape York Peninsula. The Drawing Board An Australian Review of Public Affairs, Volume 4, Number 2 November 2003, 99-115, School of Economics and Political Science, University of Sydney. Available http//www.australianreview.net/journal/v4/n2/smith.pdf http//caepr.anu.edu.au/StaffProfiles/Benjamin-Smith Smith, B. (2005), We Got Our Own Management Local Knowl edge, Government and Development in Cape York Peninsula. Australian Aboriginal Studies, 2005/2, Australian National University, Canberra. Szabo, S. & Smyth, D. (2003), Indigenous Protected Areas in Australia. In, Jaireth, H. and D. Smyth (Eds), groundbreaking Governance Indigenous Peoples, Local Communities and Protected Areas, pp 145-164. IUCN-sponsored by publication, published by Ane Books,New Delhi. Available http//www.sbconsultants.com.au/index.php/reports-and-publications-mainmenu-41Appendix A Hills abstract framework for bridging two management toolboxes Kuku Yalangi versus Wet Tropics World Heritage AreaAppendix B Guugu Yimithirr MapAppendix C Cultural Heritage Study & Cultural Heritage Management Flow Chart
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