News Briefs and Updates June 7, 2015

SAOVA Friends,

We have recently added an informational page on Agency Rulemaking to our website.  We have included a guide to the rulemaking process prepared by the Federal Register which can answer basic questions on the rulemaking process such as how an agency decides to begin rulemaking and the role Congress may or may not play in the process.

Animal rights and environmental groups often submit petitions to various agencies to initiate the rulemaking process in order to advance their agendas. These groups have found it is easier working through the rulemaking process than advocating for federal legislation as it is generally very difficult to get a bill passed by Congress.  Links to rules we have selected for this page show the diversity of departments, species, and animal use covered by these petitions where various groups have demanded change.  An agency will sometimes deny acting on a petition.

Please visit the new Agency Rulemaking page http://saova.org/Agency_rulemaking.html 

We trust this will become a useful resource for your information and research needs.

Thank you for reading. Cross Posting is encouraged.

Susan Wolf

Sportsmen's and Animal Owners' Voting Alliance

Working to identify and elect supportive legislators

saova@earthlink.net 

http://saova.org   

EPA FINALIZES CLEAN WATER RULE

EPA and the U.S. Army finalized the Clean Water Rule May 27. In its ruling release, the EPA states the rule does not create any new permitting requirements for agriculture and maintains all previous exemptions and exclusions.  According to EPA the rules will apply only to those waters with a "direct and significant" connection to larger bodies of water that are already protected. Critics of the rule argue that it will unduly expand federal influence. American Farm Bureau Federation President Bob Stallman said the EPA’s original proposal “dealt more with regulating land use” than water quality, and that the farm organization is still reviewing the final rule, particularly as it addresses streams, ditches, small ponds and isolated wetlands.   Congress is working on bills that will require EPA to withdraw the rule and to adhere to limiting principles that would ensure that any new proposal conforms to the jurisdictional limits set by Congress and affirmed by the Supreme Court.  See S 1140 Federal Water Quality Protection Act   http://tinyurl.com/q63cvnp  and HR 1732 Regulatory Integrity Protection Act of 2015 http://tinyurl.com/p8w9jyx which passed the House and has been received in the Senate.

CONNECTICUT PASSES SUNDAY HUNTING BILL

On June 3, the Connecticut Senate approved legislation that would allow Sunday archery hunting for deer on private lands in the Constitution State. Championed throughout the process by the Connecticut Legislative Sportsmen’s Caucus, HB 6034 now heads to the Governor for his consideration.  The Sunday hunting ban in Connecticut originated from the American colonial era when puritanical “blue laws” were commonly enacted to encourage church attendance.  With the passage of HB 6034, Connecticut now joins the 45 other states throughout the nation that allow for Sunday hunting in some capacity.  Allowing Sunday hunting in Connecticut will fundamentally increase private property owners’ freedom to choose how to manage their land and its natural resources, and will provide an additional adaptive management tool for the Connecticut Department of Energy and Environmental Protection to effectively manage wildlife resources within the state. Additionally, Sunday hunting will result in increased economic activity for the state and will increase access to the resource for Connecticut’s 21,000 archery hunters.  Source: Sportsmen’s Link http://tinyurl.com/q93nnnj

NORTH CAROLINA PASSES PROPERTY PROTECTION ACT

NC House and Senate voted to override Governor Pat McCrory's veto of House Bill 405, a law that supporters say protects private property rights but opponents say suppresses whistleblowers. Nicknamed an "ag-gag" bill, animal rights groups claim the measure will hide animal cruelty by preventing undercover investigations. “The Property Protection Act, a result of careful bi-partisan negotiations, balances the rights of business owners with the rights of their employees to strengthen North Carolina trespass laws”, stated Representative John Szoka (R-Cumberland), primary bill sponsor. Szoka continued, “The bill protects property owners against those who gain access to non-public areas of the owner’s property and then engage in activities that go beyond the permission given by the owner. The bill is narrowly focused on illegal activities not on infringing on the liberties of whistleblowers or press.”  Bill Sponsor Senator Brent Jackson, a farmer representing Duplin County, says employees will not be liable for filming in areas where they are allowed to be. “This has to do with employees going to places they’re not allowed to go,” he said. “As long as they’re allowed to move in those facilities, they wouldn’t be liable.”

PENNSYLVANIA SENATE PASSES ONEROUS TETHER, SHELTER BILL

Senate Bill 373 to amend the state’s cruelty laws unanimously passed the Senate and will be sent to the House.  The bill prohibits a dog from being tethered outside if a severe weather alert has been issued; or for more than 30 minutes if the temperature is below 32 degrees. Compliance with this requirement would be impossible for those who work and are not home should temperatures or weather change during the day.  This would also have direct, negative impact on field trials and winter dog sports.  The bill also sets specific standards for shelter and bedding for dogs that are kept outdoors.  SB 373 requires dog housing to be moisture proof with a floor raised 3 inches from the ground, wind proof, and have an eight-inch overhanging roof to keep out rain. These requirements would force dog owners, breeders, and sportsmen who keep dogs outside in winter to virtually custom build new dog houses.  The bill includes size requirements for dog houses and prohibits certain types of bedding such as hay.

Current PA law already states that it is an offense “to deprive any animal of necessary sustenance, drink, shelter or veterinary care, or access to clean and sanitary shelter which will protect the animal against inclement weather and preserve the animal's body heat and keep it dry”.  Look up SB 373 http://tinyurl.com/l3949q6  and contact your Representative now to oppose these burdensome and unnecessary regulation changes.  http://tinyurl.com/mtsxsgt

TENNESSEE ACTIVISTS COMPLAIN ABOUT NEW ABUSER REGISTRY

Animal advocates are unhappy with the new registry claiming it is not strong enough. The original bill would have placed everyone who committed abuse, including hoarders and those convicted of even misdemeanor violations, on the TN Bureau of Investigation online registry.  However, the bill was amended to only place felony convictions for animal cruelty on the registry.  Activists are already considering campaigning to elevate some animal cruelty violations to felony charges which would then allow those convicted to be placed on the registry.  Chattanooga Humane Educational Society Executive Director Bob Citrullo told reporters people who commit animal abuse progress onto other things like murders and serial killings.   In May TN lawmakers passed the first statewide abuser registry in history.  Should activists resurrect this issue, we can only hope this will be a lesson learned for lawmakers that zealots are never satisfied.

TEXAS LAWMAKERS PASS RIGHT TO HUNT AND FISH AMENDMENT

Sportsmen’s groups are applauding members of the Texas state House and Senate for passing Senate Joint Resolution 22, a constitutional amendment to protect the right to hunt, fish and harvest wildlife in the state of Texas. Voters will have the opportunity to ratify the amendment on November 3, 2015.

“Adoption of the Right to Hunt and Fish amendment will safeguard the hunters and anglers of Texas from extreme animal rights groups dedicated to abolishing America’s outdoor tradition,” said Chris W. Cox, executive director of the National Rifle Association’s Institute for Legislative Action. “This important constitutional safeguard will protect wildlife and promote conservation.”

Language for the amendment includes the following:

“The people have the right to hunt, fish, and harvest wildlife, including by the use of traditional methods, subject to laws or regulations to conserve and manage wildlife and preserve the future of hunting and fishing. Hunting and fishing are preferred methods of managing and controlling wildlife.”

Nearly 3 million people spend more than $4 billion dollars a year on hunting and fishing in Texas. That translates into $415 million raised in state and local tax revenue. Passage of the Right to Hunt and Fish amendment ensures that money, as well as the 65,000 hunting and fishing related jobs, will stay in Texas. Source: NRA

Legislation Briefs and Updates April 14, 2014

SAOVA Friends,

Although it may seem early to be talking about the November 2014 midterm election, it is only seven months away.  There are 44 House open seats, 8 Senate open seats, and 11 open seats for Governor with primaries already underway.  If you would like to join SAOVA's core of hardworking volunteers helping to contact and evaluate candidates and analyze voting records, please send me an email. Since 2002, SAOVA's volunteers have interviewed politicians running for election to Congress for the first time. Each election cycle, we also review the voting records of incumbents standing for reelection. Our goal is to determine candidates' positions on threats to our sport, avocations and livelihoods by animal rightists.

Thanks for reading.  Cross posting is encouraged.

Susan Wolf
Sportsmen's & Animal Owners' Voting Alliance
Working to Identify and Elect Supportive Legislators

BLUM v. HOLDER DECISION
Chief Judge Sandra Lynch of the U.S. Court of Appeals for the First Circuit held that five animal rights activists were not entitled to declaratory and injunctive relief.  Although they have never been prosecuted or threatened with prosecution under the Animal Enterprise Terrorism Act (AETA), which criminalizes force, violence, and threats involving animal enterprises, the activists sued to obtain declaratory and injunctive relief that the statute is unconstitutional under the First Amendment.

The plaintiffs are five longtime animal rights activists who claim their advocacy work has been “chilled” due to fear of being prosecuted as a terrorist under the AETA.  Among the plaintiffs are Sarahjane Blum and Ryan Shapiro, co-founders of GourmetCruelty.com which protests primarily against the foie gras industry;  and Lauren Gazzola and J Johnson who are organizers and activists for Stop Huntingdon Animal Cruelty (SHAC).  The suit was originally filed December 15, 2011. The Government moved to dismiss the case in 2012 and this was granted in 2013. First Circuit Court of Appeals has now affirmed the District Court's dismissal.

In her summary, Chief Judge Lynch stated, "[plaintiffs] in the present case present no concrete evidence to substantiate their fears, but instead rest on mere conjecture about possible governmental actions. In particular, plaintiffs' fear of prosecution under AETA is based on speculation that the Government will enforce the Act pursuant to interpretations it has never adopted and now explicitly rejects. Such unsubstantiated and speculative fear is not a basis for standing under Article III.   http://tinyurl.com/lo8vnb6

HR 4157 FARMER IDENTITY PROTECTION ACT
Introduced by Rep. Rick Crawford (R, AR) 3/6/14.
An ongoing suit filed by the National Pork Board and American Farm Bureau Federation (AFBF) against the Environmental Protection Agency involves the question of whether the EPA may release individual farm information to environmental groups making FOIA requests. Information released by EPA last year contained tens of thousands of lines in spreadsheets often including names, home phone numbers, home emails, home addresses, and other personal information of more than 80,000 farmers in 29 states.  According to AFBF reports, EPA stood firm in its position that it had no legal obligation under FOIA to keep most of the information private.

HR 4157 prohibits the EPA, or any EPA contractor, from disclosing the information of any owner, operator, or employee of a livestock operation provided to EPA by a livestock producer or a state agency in accordance with the Clean Water Act or any other law, including: names; telephone numbers; email addresses; physical addresses; GPS coordinates; or other information regarding the location of the owner, operator, livestock, or employee.  The bill prescribes criteria for such a disclosure, however, in a statistical or aggregate form without specifically identifying information.

NOVARTIS WINS COURT ORDER BLOCKING U.K. AR PROTESTS
Novartis AG (NOVN) won a court order restricting animal-rights demonstrations at its U.K. facilities or against any of its employees after lawyers for the drugmaker said they feared it may be targeted. A unit of the drugmaker, which already has an injunction against members of Stop Huntingdon Animal Cruelty, a U.K. activist group, won the extension today of restrictions to cover anyone protesting animal research. The order bars harassment or intimidation of Novartis employees, including abusive or threatening posts on websites or social media. The order also restricts demonstrations to six people or fewer, in designated protest zones, with no amplified sounds, and forbids costumes, face-coverings or “blood-splattered costumes.” Anyone breaching the injunction can be arrested.  Full story at Bloomberg Business Week http://tinyurl.com/o6lcy5n

HSUS PRESENTS FIRST HUMANE GOVERNOR AWARD
As part of the HSUS diamond anniversary celebration, Whole Foods co-CEO Walter Robb and HSUS CEO Wayne Pacelle gave the first-ever Humane Governor award to California’s Jerry Brown.  During the first three years of his current term Gov. Brown has signed 24 animal welfare bills.  Pacelle wrote, “Brown has helped cement California’s place as the top humane state, signing bills to ban the shark fin trade, halt the hounding of bears and bobcats, phase out the use of lead ammunition in hunting, and create pathways for non-lethal approaches to human conflicts with mountain lions. In his remarks to the audience, Gov. Brown spoke about the web of life and caring for all of nature, making it clear that this was a big part of his motivation in signing the bills.”  Source: A Humane Nation

HUMANE SOCIETY LEGISLATIVE FUND 2014 CONTRIBUTIONS
According to FEC reports last month, HSLF has distributed $127,000 to members of Congress.   House members receiving the highest donations were Jeff Denham (R-CA) $5,000; followed by Michael Fitzpatrick (R-PA) $4,000; Earl Blumenauer (D-OR) $3,500; Julia Brownley (D-CA) $3,000; Jim Gerlach (R-PA) $3,000; Peter Roskam (R-IL) $3,000; Kurt Schrader (D-OR) $3,000.  Total donations to the House were divided $59,500 to Democrats and $32,000 to Republicans.   Top recipients in the Senate were Mary Landrieu (D-LA) at $6,000; Kelly Ayotte (R-NH) at $3,000; followed by Susan Collins (R-ME) $3,000; Jack Reed (D-RI) $3,000; Richard Blumenthal (D-CT) $2,500; Bruce Baley (D-IA) $2,000; Thad Cochran (R-MS) $2,000. Total donations to Senate members were divided $24,500 to Democrats and $11,000 Republicans.

Legislation Briefs April 27, 2013

Dear SAOVA Friends,

Never underestimate the resolve of animal rights organizations to bring an end to animal ownership and breeding as we know it today.  Following release of the APHIS 2014 Budget request, SAOVA reactivated the APHIS Rule Opposition List and it continues to grow. The list is truly an attention-getter; however, we need a HUGE push now to build it even larger before carrying it again to Congressional staff.

If your organization or business is not listed please do so now! EVERY state needs to be represented.  Send an email signed by an officer of the organization stating opposition to the Rule to Susan Wolf: cubhill@earthlink.net.  Please include state where your organization is located.  

The world not only belongs to those who show up, it's controlled by the best informed and most motivated.  Thanks for reading.

Cross posting is encouraged.

Susan Wolf
Sportsmen's & Animal Owners' Voting Alliance
Working to Identify and Elect Supportive Legislators
saova@earthlink.net

DELISTING GRAY WOLVES
Plans have been drafted to lift protections for gray wolves across the Lower 48 states.
Roughly 5,000 wolves are now living in the Northern Rockies and Great Lakes and are believed to be enough to ensure their long-term survival without introducing gray wolves elsewhere, such as the West Coast, parts of New England and the Southern Rockies. According to U.S. Fish and Wildlife Service the rule is under internal review and will be subject to public comment before a final decision is made.

FEDERAL EGG BILLS INTRODUCED
A bill based on the agreement between the HSUS and the United Egg Producers to set standards for egg-laying hens and the labeling of eggs has been introduced by Sen. Dianne Feinstein (D-CA).  Senate Agriculture Committee Chairman Debbie Stabenow (D-MI) and Sen. Susan Collins (R-ME) are cosponsors of S 820.  Rep. Kurt Schrader (D-OR) has introduced a companion bill in the House.  HR 1731 is cosponsored by Representatives John Campbell (R-CA45); Jeff Denham (R-CA10); Sam Farr (D-CA20); Michael Fitzpatrick (R-PA8); and Jared Huffman (D-CA2).

Sources say the United Egg Producers are committed to getting the legislation passed before the end of September. The Egg Bill establishes an approximately 18-year transition period where conventional cages will be phased out and hens will be housed in either enriched cages or in cage-free systems.

Fallout from Prop2, the 2008 HSUS backed ballot initiative in California, continues to threaten the California egg industry as 2015 draws closer and caged eggs will be banned. According to the 2008 UC Davis survey, California produces about 6 percent of the nation's table eggs, and consumes about 12 percent. The value of table egg production in California was about $330 million in 2007 and the industry produced almost 5 billion eggs per year from almost 20 million laying hens.

Although the number of eggs produced by cage-free hens has been increasing the last few years, hens housed in conventional cages are responsible for over 90 percent of egg production in the U.S.

HUDSON VALLEY WEBSITE HACKED
Animal rights activists hacked the website of Hudson Valley Foie Gras — a large U.S. supplier — and sent the names, addresses, phone numbers, and email addresses of their customers to animal rights groups.  North American Animal Liberation Press Office published the information online.  To commemorate Earth Day, hackers targeted Hudson Valley Foie Gras, the largest foie gras farm in the U.S., because they believe the ducks are being tortured.

Never one to let an opportunity for media attention slip by, Animal Legal Defense Fund (ALDF) immediately sent a letter California Attorney General Kamala Harris asking her to investigate purchases by California residents that appeared on the hacked list.  ALDF wrote, “While wealthy restaurateurs and foreign corporations are exploiting California's under enforcement of the foie gras law, the state struggles with a budget crisis and cities flirt with bankruptcy. California taxpayers should not be subsidizing persistent violators when the state is nearly bankrupt and the foie gras law authorizes citations payable to enforcing agencies up to $1,000 per sale.”

AUTISM RESEARCH LAB TRASHED
Activists occupied an animal facility at the University of Milan, Italy releasing mice and rabbits and mixing up cage labels to confuse experimental protocols. Researchers at the university say that it will take years to recover their work. Many of the animals at the facility are genetic models for psychiatric disorders such as autism and schizophrenia. Some of the mice they removed were delicate mutants and immunosuppressed nude mice, which die very quickly outside controlled environments.

Five activists entered laboratories in the university’s pharmacology department on Saturday morning. The lack of signs of a break-in suggests that the activists may have used an illegally acquired electronic card to enter the lab. Activists posted photos of themselves on their website; two of them chained themselves by the neck to the main double doors. The department plans to press charges for theft and trespassing, and to recover financial damages.

Researchers worldwide are being asked to condemn acts these acts of extremism.

JUDGE DISMISSES ALDF LAWSUIT
SANTA CRUZ -- A judge on Tuesday dismissed a lawsuit filed against Santa Cruz Biotechnology Inc. alleging the company abused and neglected goats and rabbits. Santa Cruz County Superior Court Judge Paul Marigonda dismissed the suit filed by the national nonprofit Animal Legal Defense Fund on behalf of an organization called Stop Animal Exploitation Now after ruling that the local court was not the proper forum to address it.  Santa Cruz Biotech supplies antibodies and other research materials to laboratories around the world. Last year it was ranked as the second-largest supplier in the United State's $1.6 billion global market for research antibodies, according to the journal Nature.
Source: Santa Cruz Sentinel http://tinyurl.com/c6w3r3s

MAINE RIGHT TO HUNT AND FISH
Introduced April 2, 2013. Resolution H930 proposes to amend the Constitution of Maine to provide that the citizens of Maine have the personal right to hunt, fish and harvest wildlife, subject to statutes enacted and agency rules that promote wildlife conservation and preserve the future of hunting and fishing, and to provide that public hunting and fishing are a preferred means of managing and controlling wildlife.

ANIMAL ABUSER REGISTRIES
Registry bills were introduced in 16 states for 2013 with multiple bills introduced in New York, Massachusetts, Michigan, and Pennsylvania. The bills do not appear to have any momentum again this year; however, HB3747 in Texas is scheduled for a hearing Monday, April 29, 2013.  Texas residents are urged to oppose this measure.

In Hawaii the Attorney General’s office and the Public Defender’s office submitted testimony in Opposition to the animal abuser registry. The Attorney General noted that only nine (9) potential covered offenders in the past fifteen years would be required to register under this proposed 2013 bill and expressed concern about the resources and funds that would be needed to set up, maintain, administer, and enforce the proposed registry for so few individuals. The Office of the Public Defender stated in their opposition that the registry proposed in this measure makes no sense.  In addition they wrote, “While there is a governmental interest in keeping track of sex offenders, especially those who prey on strangers and children, there is no such interest or similar benefit in keeping track of animal abusers. These individuals do not typically prey on stray animals or pets that belong to strangers. The cases we have seen usually involve individuals abusing their own pets or a business owner and/or employee that mistreat their animals.”  The letter continued, “The funds allocated to maintaining this registry would be better utilized by providing counseling to the offender and/or their family members.”

Kansas Sen. Jerry Moran calls foul on USDA Meatless Monday effort

DC Caller. By Caroline May

On Wednesday, Kansas Republican Sen. Jerry Moran called on Department of Agriculture Secretary Tom Vilsack to explain why the agency’s employee newsletter encouraged them to not eat meat and participate in the “Meatless Monday” initiative for the environment.



Read more

Minn. foie gras producer challenges notion that process is cruel

by Elizabeth Baier, Minnesota Public Radio
October 10, 2011

Caledonia, Minn. — On a winding road in southeastern Minnesota, there's a 60-acre farm unlike any other in the Midwest.

Au Bon Canard, or "good duck" in French, is where Christian Gasset raises ducks to produce a culinary delicacy: foie gras, or fattened duck liver. The Au Bon Canard duck livers — along with breasts, wings and other parts — end up on plates of the most celebrated restaurants in the Upper Midwest.

Inside a barn on Gasset's farm on a recent morning, four long wooden pens each held about 16 adult male ducks, with room for the ducks to walk around. Gasset and his wife, Liz Gibson-Gasset, moved slowly to keep the birds calm.

"With foie gras, the really big thing is you can't have a good product if you're not treating your ducks well," she said. "If they're unhappy, if they're stressed out, if anything's wrong with their living conditions, you don't get a good product."

But as much as the Gassets try to keep their birds content, how they and other foie gras producers feed ducks makes the product controversial. Animal rights activists say the process used to fatten the ducks' livers amounts to animal torture.

The Gassets, who started their business in 2004, raise and slaughter about 2,100 males ducks a year, a fraction of what their competitors in New York and California produce. The birds on their farm are Mullard ducks, a cross between Pekins and Muscovies. They arrived from California as day-old chicks.

After living the first few weeks in a temperature-controlled room, they spend another eight weeks or so outdoors, eating a mixture of corn, bugs and grass before going into the barn for controlled feedings.

Twice a day for the last two weeks of a duck's life, Gasset tilts the bird's head back, inserts an eight-inch funnel into its throat and pours three-quarters of a pound of freshly cooked kettle corn down the duck's esophagus.

The corn goes into a small organ called the crop, which Gasset massages for a few seconds as he pulls the funnel out. It takes him seven seconds to feed each bird.

Gasset said controlling the amount of corn the duck ingests during the last two weeks of its life plumps its liver up to 10 times its normal size — making it foie gras. As the liver's color changes from black to yellow, its texture becomes creamy, like butter.

Gasset said the process is meant to mimic the way a bird puts on weight before fall migration, even though the ducks never migrate. To him, many of those who criticize the process simply don't want anyone to eat meat and see foie gras as an easy target.

"It's such a small production and you kind of target the rich people, because it's a really extremely expensive product at the end," he said.

Full story and video at link

Investigations clear New York dairy of animal abuse

By Dairy Herd News Source | Updated: March 28, 2011

Syracuse.com reports investigations by the New York Department of Agriculture and Markets and other experts show the Willet Dairy meets or exceeds animal-care standards despite accusations by an animal-rights organization.

An undercover worker from Mercy for Animals, a Chicago-based animal-rights group, released a video showing what it called inhumane treatment of cows and calves at Willet Dairy. Results from two investigations found the dairy’s workers used care practices equal to or above industry standards. The final reports showed no systemic abuse of cattle on the farm.

The investigation was completed by state Department of Agriculture and Markets, state Cattle Health and Assurance Program, state College of Veterinary Medicine Animal Health Diagnostic Center and ProDairy.

The investigation did find one dairy worker from the video hitting a cow on the nose with a screwdriver handle. That employee, Phil Niles, pleaded guilty to animal cruelty. He was fined $350, was fired from the dairy and is denied contact with animals for a year, according to The Post-Standard.

Apart from the charge against Niles, practices on the farm kept the 5,000-cow dairy cows clean and well cared for. Some of the practices Mercy for Animals found inhumane were common and according to the district attorney’s report, “not currently illegal in New York state.”

The undercover work who released the video admitted he is not an expert on dairy operations or New York state animal-welfare laws.
Source: Syracuse.com

HSUS to release another ‘egg farm’ video

November 16, 2010 by Ken Anderson - Brownfield Ag News

The Humane Society of the United States is preparing to release another undercover video, this one involving what HSUS calls “a major egg producer in Texas.”

The animal rights organization has scheduled a news conference for Wednesday at which the video footage will be released. HSUS says the footage will show, what it calls, “inhumane and filthy conditions” and “appalling suffering” at the Texas egg farm.

HSUS says it will also discuss, quote, “critically-needed reforms in animal agribusiness to reduce cruelty and improve food safety.”