Saturday, April 27, 2013

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.”

Thursday, March 14, 2013

SAOVA INTERVIEW WITH FRANKIE TRULL

Frankie Trull is president of the National Association for Biomedical Research (NABR), a Washington, DC–based organization that advocates for sound public policy in support of ethical and essential animal research. She is also the President of the Foundation for Biomedical Research, a non-profit organization that educates the public about animal research. In 1991, Trull was the recipient of the Distinguished Leadership Award from The Endocrine Society and the Presidential Award from the Society for Neuroscience. In 2003, she was given a Special Recognition Award from the American College of Laboratory Medicine (ACLAM). In 2005, Trull received the Public Service Award from the Association of Allergy and Immunology, the Society of Toxicology's Contribution to the Public Awareness of Animal Welfare Award, and the award for Education in Neuroscience from the Association of Neuroscience Departments and Programs (ANDP). The Association of American Medical Colleges awarded Trull their Special Recognition Award in 2007 and in 2010 she was made an Honorary Diplomate of the American College of Laboratory Medicine.

Mrs. Trull graciously consented to conduct an interview with SAOVA to discuss the benefits of animal research, the function of NABR, and federal legislation that would expand the scope of the Animal Welfare Act.

Q:   How does the focus of NABR differ from that of its sister organization, the Foundation for Biomedical Research?
A:            Whereas the Foundation is a public education charity that focuses on informing and educating the public about the importance of animals in biomedical research, NABR is an institutional membership  association with the mission of ensuring sound public policy for the humane use of animals in biomedical research. NABR spends a great deal of time educating law makers and executive branch officials, and when necessary engages the courts in support of its mission. NABR’s membership is comprised of 340 institutions, both public and private, in all 50 states and Puerto Rico.

Q:  This month PETA posted a job listing online for an Undercover Investigator. In the job description, the Position Objective is “to use a variety of undercover investigative methods to conduct field investigations in PETA's focus areas, including the use of animals for food, clothing, experimentation, and entertainment.”   How does the research community prepare itself for intrusions of this nature into their daily routines? 
A:            The threat of an animal rights activist infiltrating a biomedical research facility is very real and has occurred multiple times in the past. With more than three decades of experience, NABR advises facilities on best practices for both preventing and managing the consequences of infiltrations. We also provide each of our members with a comprehensive Crisis Management Guide which walks them through the process of protecting their facilities and employees and developing and maintaining a crisis management team.

Q:   The Animal Welfare Act (AWA) excludes coverage of rats, mice and birds used for research.  In December 2012, the Animal Legal Defense Fund (ALDF) introduced legislation that would rescind these exemptions, claiming it restores the original intent of Congress.  As NABR was instrumental in obtaining the statutory exemptions and amendments, has your position changed over the years regarding regulatory intent of the AWA?
A:            NABR is currently in the process of surveying its membership to determine how many rats and mice are in use at research facilities across the U.S. Although rats and mice make up more than 95% of all animals in biomedical research, the institutional responses to the survey will help NABR determine more precisely how such legislation may affect both the regulated community and those institutions that have never before been regulated by the USDA. For example, many small biotechnology companies only use rats and mice, meaning they would likely be subject to the same regulations as much larger institutions. This could potentially be very costly, time consuming, and could present a threat to struggling small businesses -- especially when one considers the Secretary of Agriculture has the legal authority to levy fines against a research facility up to $10,000 per animal, per day. The costs could be astronomical. Furthermore, because of the large number of rodents used in research it is unclear whether the USDA would have the resources to regulate the species. With the fiscal constraints Congress has been facing, it seems unlikely they would appropriate additional funds for these purposes.

Q:    In their white paper, ALDF claims that withholding federal protection from these animals means that researchers need not consider alternatives to animal research and are under no obligation to minimize an animal’s pain, provide a minimum standard of care, or implement proper euthanasia techniques.  Aren’t research animals already highly regulated? Are there industry standards and protocols to address any gaps in external regulations?
A:            If an institution receives federal funding from any branch of the Public Health Service, including NIH,   it must file an animal welfare assurance document with the agency which requires it to adhere to the recommendations contained in the Guide for the Care and Use of Laboratory Animals. The Guide serves as the basis for welfare for all vertebrate biomedical research animals, and addresses all of the aforementioned concerns. Furthermore, many institutions and companies using animals in biomedical research are accredited by the Association for Assessment and Accreditation of Laboratory Animal Care International (AAALAC), which uses the Guide as the basis for its accreditation process. FDA and EPA regulated companies must comply with Good Laboratory Practices.  Finally, and most importantly, it's in the best interests of a research program to insure animals are treated well and without pain because stressed animals skew research results.

Q:   According to ALDF, this legislation will provide sweeping animal welfare benefits at little cost.  Has NABR completed any estimates of the cost burden should this additional regulation should become law?
A:            When this subject was under debate in 2001, NABR estimated that regulating rats, mice and birds under the Animal Welfare Act would cost USDA registered research facilities an additional $84 million annually, in mostly administrative compliance costs.  Facilities that would have been required to register with USDA for the first time might have spent $80 to $200 million to comply with all statutory requirements. The USDA APHIS budget would also be impacted – inspectors’ workload would double or even triple.

Q:   There are many steps being taken by animal rights lawyers to lay the groundwork in courts that test current requirements for legal standing and push the courts to give animals limited rights.  How would even small changes in property status affect use of animals in research?
A:            The ultimate goal of many animal rights lawyers is to obtain legal standing for animals.  Changing the property status of animals is the first step in a long term process aimed at enabling well-funded animal rights organizations to bring expensive and time-consuming legal actions that would entail potentially enormous costs.  Lawyers filing lawsuits on behalf of animals could challenge their use in research programs, as pets, in animal sports, in agriculture and in a multitude of other contexts. While some changes are being pushed for in the courts, animal rights organizations are simultaneously pursuing legal rights for animals through federal and state legislation, ballot initiatives and other means. In fact, just this year a bill was introduced in Massachusetts that would permit any person to bring a legal action "for the protection and humane treatment of animals." 

Q:     The recent panel study report to the National Institutes of Health (NIH) recommends downsizing chimpanzee facilities. Will the remaining colony of chimpanzees kept for research fill the needs for future studies? At one time, weren't chimpanzees the only good model for certain human HIV research? How did that change?  With emerging diseases and resistant infections, how might the loss of future research animals via regulation impact the prospect for advances in medical research to alleviate human suffering?
A:            Science is constantly evolving, so animal models change as well. The Institute of Medicine and an NIH working group have determined that the chimpanzee model is not necessary for some types of research. It is unclear whether the NIH director will simply accept the working group’s recommendations or will elaborate on the future of federal research chimps.  Much was learned about HIV from chimps, but the virus does not make them sick in the same way as it does people, so they did not prove to be the optimal model.  Should there be a disease as devastating as AIDS in the future, the chimp may prove pivotal to treating and curing the disease, so it would seem prudent and in the best interest of the public health to maintain a breeding colony.

Q:   Last month SAOVA reported to our readers that the ALDF website lists the formation of 171 U.S. Student Animal Legal Defense Chapters.  In addition there are State Bar Animal Law Sections and Committees in 24 states plus the American Bar Association.  Animal Law Courses are now taught in 144 schools, up from just 9 in 2000.   Realistically, the field of animal law exists for the purpose of changing how animals are viewed in the legal system.  How concerned is the research community about this rapidly growing field and its potential impact?
A:            As the field of animal law has grown, so have the legal departments and pro bono networks of sophisticated, well-financed animal rights organizations.  It is clear that many animal rights organizations and animal rights lawyers believe research with animals should be severely restricted or prohibited.  Through academic scholarship in five animal law journals and law reviews, lawyers and law students within the animal rights movement have begun to lay the groundwork and develop new legal theories to grant additional legal protections to animals, including research animals.  Ultimately, these efforts have the potential to seriously impact life-saving medical and scientific research.  NABR has been monitoring these developments for some time and has developed an Animal Law website that provides information tracking law courses, lawsuits, court decisions as well as the laws and regulations in place to ensure the humane use of animals in biomedical research. www.nabranimallaw.org/

Q:           We read headlines almost every day about breakthroughs in research.   Most medical advancements have been dependent upon animal research.  What species are most commonly used and why are these species so useful in biomedical research?
A:            Rodents are, by far, the most common animal model in biomedical research and safety testing.  And these are not your garden variety rodents.  For example, mice specially bred with specific genetic characteristics are designed for the disease under study, whether its diabetes, birth defects or obesity. This has revolutionized medical research and opened many doors to finding new cures for disease, especially cancer.

Research with dogs, cats, and non-human primates is necessary to study certain diseases. However, as biomedical research changes and evolves, the number of these animals used in research has dropped dramatically over the last several decades.  In fact, these animals account for less than .05 percent of the total number of lab animals used in research. Several additional species are proving to be increasingly important animal models, including zebrafish, C. Elegans (worms) and fruit flies

Q:  Human health has obviously benefited from animal research but animals benefit too through development of vaccines, cancer treatments, and surgical procedures. What are some of the most exciting areas of current research?
A:            Dr. James Cook, a researcher at University of Missouri, is developing biological joint replacements for both people and animals.  Cook has created new cartilage in animals using a biological “scaffold” in the animals’ joints. This research could do away with metal and plastic joints, and instead, regenerate a fully functional biologic joint for anyone who needs one.

Another exciting example of animal research is happening now at the Masonic Cancer Center at the University of Minnesota.  Doctors have developed a vaccine for a deadly brain cancer that affects both people and dogs.  Doctors recruit pet owners to enroll their dogs with brain cancer into a study.  After removing the tumor from a dog’s brain during surgery, the doctors create a cancer vaccine using that dog’s unique tumor cells. They inject the dog with several rounds of vaccination and eventually the dog builds up immunity to the cancer.  The dog’s immune cells act like an army to kill the foreign invader, the brain tumor.  This vaccine is extending dogs’ lives dramatically and many dogs become tumor-free. What the scientists are gleaning from this cancer research helps not only man’s best friend, but also may help human brain cancer patients facing a grim prognosis.

Q:   Animal Rights Activists who oppose use of animals in medical testing claim that various testing procedures exist, such as in vitro cell culture testing and computer simulations, as well as expanded use of human volunteers for micro dose drug testing, which make the use of animals in medical research obsolete. What role does the in vivo animal model fulfill in medical research that cannot be substituted through these other non-animal protocols?          
A:            To date, there is no comprehensive substitute for animal models in research. In certain areas of study, like toxicology, the number of animals required has dropped dramatically and been replaced with cell cultures, tissue cultures, mathematical and other models.  These non-animal methodologies are often much less expensive and faster than animal models. But for basic and biomedical research, there is a need for a whole, living system and an animal substitute does not exist.

In order to study something with a computer model you have to know enough about the disease to put it into a computer.  There are so many diseases scientists are still learning about, particularly diseases of the brain like Alzheimer’s disease, Parkinson’s disease and autism.  Understanding the underlying mechanisms of the brain must be studied in a brain.  A computer model simply can't substitute.

It would, of course, be preferable not  to use animals for research study, but simplistic claims that animal research should be obsolete ignores the complexity of the research process.  One only has to go to a children's cancer ward or a trauma center or have a parent with Alzheimer's disease to realize medical research has a lot of work to do to alleviate pain and suffering, and animal models remain our best bet to discover how to cure disease. When additional non-animal alternatives are developed, science will naturally reduce the need and use of animal models. This progression will only happen when viable alternatives exist and are scientifically validated.

Q:  Blum v. Holder is a federal lawsuit challenging the Animal Enterprise Terrorism Act (AETA) as an unconstitutional infringement on free speech.  How is NABR’s involved in this case?
A:            NABR, joined by eleven other organizations, filed an amicus brief in this lawsuit on March 12, 2012, explaining the specific Rules of Construction in the law which expressly exempts constitutionally-protected free speech from the AETA and urging the U.S. District Court in the District of Massachusetts to find the AETA constitutional.  NABR filed the brief to ensure the court is aware of the AETA’s importance to the biomedical research community and make certain that the strongest possible defense is presented.  The brief argues the law is a measured and important response to threats, intimidation, and economic harm committed by animal rights extremists against research facilities and scientists who conduct life-saving research with laboratory animals. During an August 29, 2012 hearing on the government’s motion to dismiss the case, several of the points raised by NABR’s brief were argued.  NABR, along with many others, is awaiting the court’s decision. 

Sunday, February 24, 2013

Congressional Champion Awards 2012

SAOVA is proud to honor the members of Congress who received "Congressional Champion" awards.

Our award winners understand firsthand the many challenges facing Americans involved in all facets of the animal industry in addition to those issues of significance to sportsmen. Hunters, ranchers, producers, retailers, along with animal owners from all walks of life are being confronted today at an unprecedented pace by overzealous animal rights legislation.

The selected Congressmen have clearly demonstrated their commitment to continue efforts to preserve and protect property rights and assure continuation of our livelihoods, hobbies, and sporting heritage.

The following message from Congressman Don Young (AK) exemplifies this commitment: "I am honored and blessed to receive this award from SAOVA. As an avid outdoorsman and Congressman for the 'last frontier', I look forward to continuing to work on these issues important to SAOVA, and protecting the rights of animal owners and sportsmen across the country."

Our award winners have continually displayed outstanding leadership and courage, making informed decisions by relying on facts and not emotional half-truths. We are indeed grateful to the members of Congress who represent our interests fairly and work to protect our traditions.

CONGRESSIONAL CHAMPIONS:
Senator Roy Blunt (MO)
Senator Saxby Chambliss (GA)
Senator Tom Coburn (OK)
Senator Mike Johanns (NE)
Senator Jerry Moran (KS)
Senator Jeff Sessions (AL)
Congressman Bob Goodlatte (VA)
Congressman Steve King (IA)
Congressman Jack Kingston (GA)
Congressman Don Young (AK)

Additional Quotes
"It’s an honor to be named a Congressional Champion by the Sportsmen’s and Animal Owners’ Voting Alliance. I will continue to work in Congress to protect the rights of Americans to hunt, fish, and raise animals." - Congressman Bob Goodlatte

"It's an honor to receive this award from your distinguished organization. As an avid outdoorsman, I commend you for the work that you do to protect the rights of Americans, and I look forward to working with the Alliance in the Future." - Congressman Saxby Chambliss

Related: Previous awards

Friday, February 15, 2013

Legislation Briefs February 15, 2013



Dear SAOVA Friends,

Legislatures are in session and HSUS is in high gear with their local Humane 101 Seminars and Humane Lobby Days at state capitals.  If you have not attended a seminar in your area, you should do so in order to bring yourself up-to-date on proposed legislative initiatives.  Some of the seminars focus on teaching lobbying skills.  For example, a Pennsylvania seminar utilizes the help of a former state senator to teach proven techniques for effective communication with policy makers and how to organize advocates into a more potent force for animals.  In North Dakota you can not only learn how to contact legislators but how to testify for animals at the Capitol.

Lobby Days have been scheduled in Jackson MS; Bismark ND; Boise ID; St. Paul MN; Austin TX; Augusta ME, to name a few.  In Kentucky HSUS advises that by attending Lobby Day 2013, advocates can meet legislators face-to-face and be instrumental in helping to upgrade Kentucky's cruelty statutes, stop the abuse of Tennessee Walking horses, and more.   

Find where HSUS will be in your state by viewing the event calendar http://action.humanesociety.org/site/Calendar

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.

FOLLOW US ON FACEBOOK! 
 
THE LESSER PRAIRIE CHICKEN
The U.S. Fish and Wildlife Service has recommended that the Lesser Prairie Chicken be listed as a threatened species and will conduct four public hearings to obtain comments on the Service’s proposal to list the lesser prairie-chicken as a threatened species under the Endangered Species Act (Act). Public hearings will be held in Woodward, Oklahoma; Garden City, Kansas; Lubbock, Texas; and Roswell, New Mexico.

Texas Governor Rick Perry and the governors of Colorado, Kansas, New Mexico and Oklahoma issued a joint statement opposing the recent proposal to list the chicken as threatened. "Individually, our states have worked with a wide variety of interest groups to develop state conservation plans designed to improve habitat for the species while also taking into account economic development needs. Collectively, our agencies released a GIS mapping tool that identifies the highest priority areas for targeted species conservation, developed in a consistent way across our political jurisdictions. This mapping tool has facilitated our agencies' work together, and with land and mineral owners, to develop a range-wide conservation strategy to ensure that a listing of the Lesser Prairie Chicken is not warranted.”  Source: http://tinyurl.com/ap3eu72

WILD HORSE AND BURRO VACCINE
USDA Press Release: USDA-Developed Vaccine for Wild Horses and Burros Gains EPA Registration.  WASHINGTON, February 13, 2013

The U.S. Department of Agriculture’s Wildlife Services’ (WS) National Wildlife Research Center (NWRC) today announced that the U.S. Environmental Protection Agency (EPA) has granted regulatory approval for the use of GonaConTM - Equine immunocontraceptive vaccine (GonaCon) in adult female wild or feral horses and burros.  GonaCon was developed by NWRC scientists and is the first single-shot, multiyear wildlife contraceptive for use in mammals. 

“Since 2009, GonaCon has been available for use in female white-tailed deer. We are pleased to be able to expand the vaccine’s application to include wild horses and burros,” said NWRC Director Larry Clark. “This nonlethal tool will provide another option to wildlife managers working to reduce overabundant wild horse and burro populations in the United States.”

Overpopulation of wild horses and burros is a significant concern in the United States, as these animals can overgraze native plant species and compete with livestock and local wildlife for food and habitat. The Bureau of Land Management (BLM) estimates that approximately 37,300 wild horses and burros (about 31,500 horses and 5,800 burros) are roaming on BLM-managed rangelands in 10 Western states. The estimated current free-roaming population exceeds by nearly 11,000 the number that the BLM has determined can exist in balance with other public rangeland resources and uses. Current management options are limited with the majority of actions involving the removal of horses and burros from the range and either offering them for adoption or holding them indefinitely in captivity.  The BLM estimates there are more than 49,000 wild horses and burros off of BLM-managed lands that are fed and cared for at short-term corrals and long-term pastures.

The GonaCon-Equine vaccine stimulates the production of antibodies that bind to the gonadotropin-releasing hormone (GnRH) in an animal’s body. GnRH signals the production of sex hormones (e.g., estrogen, progesterone and testosterone). By binding to GnRH, the antibodies reduce GnRH’s ability to stimulate the release of these sex hormones. All sexual activity is decreased, and animals remain in a nonreproductive state as long as a sufficient level of antibody activity is present. The product can be delivered by hand injection, jab stick, or darting.

GonaCon-Equine is registered as a restricted-use pesticide, and all users must be certified pesticide applicators or persons under their direct supervision.  Full release at USDA/APHIS newsroom: http://tinyurl.com/b8kq7ro

SUIT FILED TO END MIDWEST WOLF HUNT
HSUS, Born Free USA, and other groups filed a lawsuit this week to restore federal protections for gray wolves in the western Great Lakes region that were lifted last year. The lawsuit, filed in federal court in the District of Columbia against the U.S. Fish and Wildlife Service and its parent agency, the U.S. Department of the Interior, said the decision to take wolves in Minnesota, Wisconsin and Michigan off the endangered list threatens the animals' recovery. Gray wolves recovered to more than 4,000 combined in the western Great Lakes and northern Rocky Mountain states by the time the government took them off the list in those areas in January 2012. More at CNS News Minneapolis http://tinyurl.com/c94eq7j

STATE LEGISLATION

MICHIGAN. SB 117 PUPPY PROTECTION ACT 
Sponsors Rick Jones - (primary) Steven Bieda, Tory Rocca, Tonya Schuitmaker, Glenn Anderson, John Proos, Michael Kowall, John Pappageorge, James Marleau. Establishes regulations for commercial kennels defined as a kennel where more than 15 female intact dogs are housed for the purpose of breeding; places limit of 1 litter in any 12-month period.  Assigned to Senate Agriculture on 1/30/2013.  Committee contacts: http://www.senate.michigan.gov/committee/agriculture.shtm

MINNESOTA. HF 84 DOG AND CAT BREEDER LICENSING AND INSPECTION
Assigned to Civil Law Committee. Establish licensing and care standards for breeders who own ten or more adult intact animals and whose animals produce more than five total litters of puppies per year. Broadly defines hobby breeder and requires them to register with the state. Penalties: a single correction order may assess a maximum administrative penalty of $5,000.  Passed committee Feb. 14 by voice vote 66-61; referred to Public Safety Finance and Policy.  Committee Contacts: http://tinyurl.com/bv95n2q

NEVADA. SB 82 Bear Hunting Ban introduced. After failing to ban hunting bear with dogs, anti-hunting groups in the state are working to ban all bear hunting. The Nevada Department of Wildlife established a modest hunting season in 2011 after studies showed the bear population was sustainable. Contact Senate members and Senate Natural Resources Committee to oppose SB 82: http://leg.state.nv.us/App/Legislator/A/Senate/
  
RHODE ISLAND. Statewide BSL has been introduced. H 5287 and S 178 would regulate all “pit bulls”, defined as any dog that substantially conforms to the American Staffordshire Terrier or Staffordshire Bull Terrier, or American Pit Bull Terrier standards.  Dogs meeting the definition of “pit bull” must be kept securely confined indoors, in a locked pen, or muzzled. Contact the members of the following committees to oppose these bills:
House Committee on Judiciary http://tinyurl.com/c2434oa
Senate Committee on Environment and Agriculture http://tinyurl.com/ckevonv

WEST VIRGINIA. HB 2209 CONTROL OF POTENTIALLY DANGEROUS WILD ANIMALS.
Establishes a list of potentially dangerous wild animals. Prohibits ownership, possession, custody, control, and breeding of the specified animals. Anyone in legal possession of a listed animal prior to January 1, 2014 may keep possession of the animal for the remainder of its life with certain requirements. Referred to the Committee on Natural Resources. http://tinyurl.com/a8zwjv5

GOOD NEWS FROM VIRGINIA
* HB 2242 ANIMAL ABUSER REGISTRY - tabled by House Agriculture Subcommittee. 
* SB 1280 FOX AND COYOTE ENCLOSURES by HSUS Humane Legislator Award winner, Senator David Marsden (D-37):  Senate substitute passed with a 24-16 vote and was assigned to the House subcommittee on Natural Resources, where at Tuesday’s hearing the bill was laid aside indefinitely.

Watch additional bills tracked at the SAOVA website: http://saova.org/news.html



Friday, January 11, 2013

2012 Legislation Review


Dear SAOVA Friends,

In their end of year report, AVMA noted approximately 40,000 bills are projected to be enacted into law this year out of 150,000 bills introduced, many of which were related to animals and veterinary medicine. Below is a sample of the report highlights:

Iowa and Utah adopted bills that prohibit a person from obtaining employment at an agricultural facility under false pretenses in order to record images or commit any other act not authorized by the owner of the agricultural facility. Missouri took a somewhat different approach by requiring employees who videotape suspected animal abuse to provide the unedited recording to law enforcement within 24 hours.

Nebraska became the second state to enact legislation prohibiting local governments from defining legal status of animals in a way that is not consistent with personal property.

Legislators in 10 states introduced bills that would restrict tethering of companion animals.

Delaware and Rhode Island adopted laws that provide penalties for confining or tethering a dog for more than a set number of hours. 

Tennessee adopted a bill that provides that noneconomic damages are not permitted for any claim arising out of harm or loss of property, except as authorized by statute. Courts in North Carolina and New Jersey ruled against expanding emotion-based damages in pet litigation, while an appeals court in Texas accepted the award of sentimental damages in such cases. The Texas Supreme Court has been asked to review the opinion as contrary to established precedent in the state and has scheduled oral argument for early next year.

Massachusetts adopted legislation making it the 45th state to specifically allow for the creation of pet trusts for the care of animals.  

Full report at AVMA website: http://tinyurl.com/b95boxn

ANIMAL LEGAL DEFENSE FUND (ALDF)
Scott Heiser, Director of ALDF's Criminal Justice Program blogged on November 21st, 2012: “Regardless of how you voted in the presidential election, if you are someone who cares about the welfare of animals, you’ll have to agree that November 6, 2012 was a bad day at the polls.”  Heiser lashed out at the defeat of Measure 5 in North Dakota stating Opponents of Measure 5 seemed to take great pride in the success of their smear campaign characterizing supporters as extremists who were advancing a radical agenda.  Heiser continued his post by lamenting passage of constitutional amendments in 4 states that guarantee the right to hunt, fish, and trap; he writes, “the misguided Cartesian view of animals reflected by these results is disheartening for all who work to advance legal protections for animals.”

ALDF ended the year by convincing Representatives Gerry Connolly (D-VA11) and Sam Farr (D-CA17) to introduce legislation that would amend the Animal Welfare Act to include regulation and inspection of birds, rats, and mice bred for use in research.

ALDF and their followers introduced 14 animal abuser registry bills in 9 states during 2012.  Beginning with Colorado in 2002, activists have now introduced a total of 76 registry bills in 25 states – all of which have failed to date.  Registry campaigners have wasted no time, beginning the New Year with bills in South Carolina, New York, and Vermont (see http://saova.org/news.html )

The ALDF website lists the formation of 171 U.S. Chapters and 15 International Student Animal Legal Defense Chapters; with State Bar Animal Law Sections and Committees in 24 states, 15 cities and counties, and the American Bar Association.

ALDF is the creator of the Center for Animal Law Studies (the Center) at Lewis & Clark Law School which now houses the most extensive animal law program in the nation. ALDF continues to collaborate with the Center in the rapidly developing field of animal law through classes, conferences, scholarship and clinical opportunities.  With the help of ALDF the Center brought its first visiting professor, activist and attorney Mariann Sullivan, to teach “Animals in Agriculture: Law and Policy”, a course previously taught  by ALDF founder Joyce Tischler.  ALDF’s winter newsletter discusses the course noting, “These law students will one day change the way animals are protected by our legal system.” Quoting Sullivan, “Animal ag is going down and lawyers are going to be the ones to take it down.”

A BAD YEAR FOR HSUS
HSUS Pres Wayne Pacelle began 2013 blogging that Congress passed no significant animal welfare legislation in the last session.  He writes, “For as long as I have been spending time on Capitol Hill and advocating for The HSUS and its concerns (18 years), that’s the first time that’s happened.”  He noted that a handful of senators blocked floor consideration of the Great Ape Protection and Cost Savings Act – a bill to phase out research on chimpanzees which, according to HSUS, “are our closest living relatives”.  Pacelle promised HSUS would “do our best to attach the egg industry reform bill and the animal fighting legislation as amendments to the Farm Bill in 2013.”

Although Pacelle did not mention the demise of HR 835 PUPS in his post, we are very pleased to report that SAOVA and its allies were successful in convincing four congressmen to drop their support for PUPS and any future HSUS versions.

Only through YOUR donations is our work possible. Help financially support SAOVA's advocacy. 

Cross posting is encouraged.

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




Saturday, December 29, 2012

ASPCA Pays $9.3 Million in Landmark Ringling Bros. and Barnum & Bailey Circus Settlement

Feld Entertainment RICO Lawsuit Will Continue against the Humane Society of the United States, the lawyers, and other remaining defendants

VIENNA, Va., Dec. 28, 2012 /PRNewswire/ -- Feld Entertainment, Inc., the producer of Ringling Bros. and Barnum & Bailey® Circus, announced today that the company has reached a legal settlement with the American Society for the Prevention of Cruelty to Animals (ASPCA) in connection with two federal court cases. Under the settlement, ASPCA has paid Feld Entertainment $9.3 million to settle all claims related to its part in more than a decade of manufactured litigation that attempted to outlaw elephants in the company's Ringling Bros. ® Circus. This settlement applies only to the ASPCA. Feld Entertainment's legal proceedings, including its claims for litigation abuse and racketeering, will continue against the remaining defendants, Humane Society of the United States, the Fund for Animals, Animal Welfare Institute, Animal Protection Institute United with Born Free USA, Tom Rider and the attorneys involved.

"These defendants attempted to destroy our family-owned business with a hired plaintiff who made statements that the court did not believe. Animal activists have been attacking our family, our company, and our employees for decades because they oppose animals in circuses. This settlement is a vindication not just for the company but also for the dedicated men and women who spend their lives working and caring for all the animals with Ringling Bros. in the face of such targeted, malicious rhetoric," said Kenneth Feld , Chairman and Chief Executive Officer of Feld Entertainment.

The parties filed dismissal papers today in U.S. District Court for the District of Columbia as a result of their settlement. The settlement covers only Feld Entertainment's claims against ASPCA for attorneys' fees and damages in the initial Endangered Species Act (ESA) case filed in 2000 by the animal rights activists and the resultant racketeering (RICO) case brought by Feld Entertainment in 2007. Discovery in the initial lawsuit uncovered over $190,000 that these animal activist groups and their lawyers paid to Tom Rider who lived off of the money while serving as the "injured plaintiff" in the lawsuit against the circus.

"Our firm has been defending Feld Entertainment against this onslaught of misguided litigation brought by animal activist groups for years. As their attorneys, it is gratifying to finally have a settlement that begins to make up for the harm inflicted on this company, the family who owns it, and its employees," said John Simpson of Fulbright & Jaworski L.L.P., lead counsel for Feld Entertainment in all of the cases covered by the settlement with ASPCA.

Background of Case

The original complaint was filed in July 2000 by the American Society for the Prevention of Cruelty to Animals (ASPCA), the Animal Welfare Institute, the Fund for Animals and Tom Rider , who is a former Ringling Bros. employee. The case was dismissed in 2001 but was reinstated in 2003 after an appellate court ruled that if Tom Rider could prove that he was injured by Ringling Bros.' treatment of the elephants, the case could proceed. The Animal Protection Institute joined the case in 2006.

The trial began on February 4, 2009 and lasted approximately six weeks. The case is ASPCA, et al., v. Feld Entertainment, Inc., No. 03-2006 (D.D.C.)(Hon. Emmet G. Sullivan presiding).

On December 30, 2009, the U.S. District Court ruled in Feld Entertainment's favor (published as ASPCA v. Feld Entertainment, Inc., 677 F. Supp. 2d 55 (D.D.C. 2009)). In its ruling the Court stated that, "the Court finds that Mr. Rider is essentially a paid plaintiff and fact witness who is not credible, and therefore affords no weight to his testimony regarding the matters discussed herein, i.e., the allegations related to his standing to sue." Opinion

That decision found that the plaintiffs' litigation was based on the untruthful testimony of a paid plaintiff and witness who the Court found received at least $190,000 in payments as his sole source of income over an eight year period by animal special interest groups, including ASPCA, their lawyers and an entity founded and controlled by those lawyers, the Wildlife Advocacy Project.

The Court also ruled, "that ensuring Mr. Rider's continued participation as a plaintiff was a motivating factor behind the payments to him, and that these payments were a motivating factor for his continued involvement in the case." The Court also ruled against the other plaintiffs in the case: "because the organizational plaintiffs have not established an injury in fact, traceable to FEI's actions that can be redressed by the Court, the organizational plaintiffs have no standing to sue under Article III of the United States Constitution."

Furthermore, the Court ruled that "based upon his failure to complain, the Court finds that Mr. Rider either (1) did not witness elephant mistreatment when he was employed by FEI or (2) any mistreatment he did witness did not affect him to the extent that he suffered an aesthetic or emotional injury." The Court's December 2009 ruling was affirmed in its entirety by the Court of Appeals on October 28, 2011.

Based upon what was revealed in ASPCA, et al., v. Feld Entertainment, Feld Entertainment brought suit in the United States District Court for the District of Columbia against ASPCA, HSUS and other animal rights activists and their lawyers alleging violations of the RICO statute and Virginia Conspiracy Act, malicious prosecution, and abuse of process. The court denied the defendants' motions to dismiss that case on July 9, 2012. Complaint

Additional information on this litigation, including Court rulings, filings and elephant care information can be found online at www.ringlingbrostrialinfo.com. Information on the Ringling Bros. and Barnum & Bailey Center for Elephant Conservation® and the company's international elephant conservation programs is available online at www.elephantcenter.com.

Ringling Bros. Fulbright & Jaworski L.L.P. legal team is led by John M. Simpson and includes, Michelle C. Pardo , Stephen M. McNabb , Kara Petteway and Rebecca Bazan .

About Feld Entertainment
Feld Entertainment has produced Ringling Bros. and Barnum & Bailey for over 45 years. Ringling Bros.' elephants, the treasured symbol of The Greatest Show On Earth® and the subject of the litigation, continue to be healthy and well-cared for by a team of full-time veterinarians and an animal care staff that works to ensure that the animals have a safe and positive environment. The company meets and exceeds federal requirements on the care of its Asian elephants, tigers and other animals. Its animal care practices are commonly accepted and well known to federal, state and local government regulators who routinely inspect Ringling Bros. in almost every city it visits.

Feld Entertainment, Inc. is the worldwide leader in producing and presenting live family entertainment that lifts the human spirit and creates indelible memories, with 30 million people in attendance at its shows each year. Feld Entertainment's productions have appeared in more than 70 countries and on six continents to date and include Ringling Bros. and Barnum & Bailey, Disney On Ice, Disney Live!, Monster Jam, Supercross, Areanacross, Nuclear Cowboyz and IHRA drag racing. More information on Feld Entertainment is available online at www.feldentertainment.com.

SOURCE Feld Entertainment, Inc.
RELATED LINKS http://www.feldentertainment.com

Wednesday, November 14, 2012

Election Wrap Up November 14, 2012


Dear SAOVA Friends,

Sportsmen’s concerns were overshadowed again by pressing national issues, with the state of the economy ranked at the top of every exit poll. Voters basically kept the same government in place, although there will be 12 new Senators and 70 some new members of the House.

From the list of races that SAOVA highlighted previously, our endorsed candidates won 13 of 20 contests or 65%. Two of these races were among the most expensive in this election cycle for the Humane Society of the U.S. (HSUS). Humane Society Legislative Fund (HSLF) spent $752,000 in campaign advertising against Incumbent Congressman Steve King (R-IA), throwing their money and muscle to support Christie Vilsack, wife of Ag Secretary Tom Vilsack. HSLF also spent $100,201 against Congressman Jeff Flake (AZ) running for senate and an additional $48,256 in support of his challenger Richard Carmona.

Other SAOVA endorsees who defeated HSUS endorsed and funded candidates were: Dean Heller (NV Senate), Jim Renacci (OH-16), and Sean Duffy (WI-7). SAOVA endorsed Congressman Dan Benishek (R-MI), co-sponsor of HR 2834 Recreational Fishing and Hunting Heritage and Opportunities Act, won re-election in a very tight race.

The 2011 edition of “PUPS” (HR 835/S 707) reached an all-time high number of cosponsors in the 112th Congress, including a handful of conservatives on both sides of the isle. A total of 40 PUPS cosponsors retired or were defeated either in primaries or the general election. Another 5 left office to run for Senate with 4 wins and 1 loss. Those 4 wins offset 4 PUPS cosponsor losses in the Senate: Scott Brown (MA) (defeated); John Ensign (NV) (resigned); Joe Lieberman (CT) and Herb Kohl (WI) retired.

Sportsmen and animal owners scored 100% in ballot initiatives. Four states, Idaho, Kentucky, Nebraska, and Wyoming passed Right to Hunt and Fish amendments. Voters in North Dakota defeated Measure 5 an HSUS backed initiative to change animal cruelty penalties.

Perhaps the best kept secret during this election was Measure 3 — the “right to farm” constitutional amendment measure spearheaded by the North Dakota Farm Bureau. The measure was a proactive effort to defend against outside groups, especially HSUS, attempts to undermine livestock and agricultural practices. The amendment, approved by the state’s voters, guarantees farmers the right to "modern” agriculture and prohibits laws limiting their right to “employ agricultural technology, modern livestock production, and ranching practices."

Another bit of good news - HSUS/HSLF could not find any congressional candidates to endorse in Arkansas, Alaska, Idaho, Kansas, Utah, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, or Wyoming.

Cross posting is encouraged.

VISIT SAOVA ON FACEBOOK