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LEGISLATIVE
ALERT
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Update 9/21/99
UPDATE ON SENATE BILL 345
USDA Restrictions
By Michael Hayes
Reprinted with authors' permission
We received this the other day and thought we would forward it out. We sent an emailing about this last Feb. 28TH It seems this problem has not been taken care of yet. Please go to the USDA site and let them know how you feel about it. We are also re-mailing you our newsletter with the USDA address in it that we sent out last Feb. 28. SENATE BILL 345:
We are still waiting to hear from Senator Allard's office on the Senate Bill 345. His office promised us they were rewriting the Bill 345 to protect the chicken and game bird peoples rights. We will inform you when we here more. FYI: This is information of concern forwarded by Richard McGehee this morning. Thought we should inform as many members as possible regarding this issue. (This is set for an article in our next issue, but the timing is critical.) Do We Want Federal Control Of Our Birds? Richard McGehee, of GQF Mfg. Co, passed the word that USDA has been persistently petitioned to change the definition of "Animal" in the Animal Welfare Act (AWA) regulations. This amendment would remove the exclusion of Rats, Mice and BIRDS from the definition of "Animal". This proposed regulation is USDA Docket No. 98-106-1. The proposal was published in the Federal Register on Thursday, January 28, 1999 (Volume 64, Number 18).
This proposed amendment would include ALL facilities which have BIRDS. Every facility that has birds would be inspected by the USDA at least once each year to comply with all the rules and regulations set forth. Naturally, all the bird associations (and the USDA) are in favor of continuing the CURRENT exclusion. The estimated annual cost for the inspections of the additional thousands of facilities "could exceed well over 35 million dollars". This means that breeders and keepers of these birds would have to absorb the cost by means of additional revenues from US. Some of the concerns expressed by the Pheasant & Waterfowl Societies and Pheasant and Gamebird Associations is that we do not want the USDA to have the ability to enter homes and inspect facilities to enforce additional rules, regulations and fees. We definitely do NOT want the proposed regulation in USDA Docket No. 98-106-1. If it's to be amended, we urge that it be limited to RESEARCH animals only. Adding all birds to this petition has the great possibility of destroying the "small farmer, hobbyist, and the private breeder." This must be PREVENTED.
The economic impact for this proposal is NOT WARRANTED. Such revision would add a significant burden to the USDA, and could compromise the USDA's ability to in-sure the proper care and inspection of species in other areas. We strongly feel that the definition of 'ANIMAL" in 9 CFR part 1 NOT be revised at this time. Send your individual comments.
Be sure to refer to docket No. 98-106-1. For comment submitted in hard copy, send an original (and three copies) to: Docket No. 98-106-1, Regulatory Analysis and Development, PPD, API{[S, Suite 3C03, 4700 River Road, Unit 118, Riverdale, MD 20739-1238.
If you want to submit your comment electronically, you must use a form located on the internet at the address http://comments.aphis.usda.gov. Electronically submitted comments need only be made ONCE. All comments are available for public viewing at the same internet address. You can anticipate that "Animal Rights Radicals" will be pouring in their comments. Don't neglect this. Send your comments as INDIVIDUALS. Multiple-type group comments count the same as ONE comment. Even multiple SIGNATURES on any submitted comment only count as one comment.
A new problem has raised it head. We are trying to get the airlines to abide by the USDA Temperature Restriction which excludes all rats, mice and birds. Now an animal rights group has requested that the USDA include rats, mice and birds in the Animal Welfare Act. The USDA doesn't have the funds and man power to regulate this and would have to take the money and man power away from something else. If rats, mice and birds are m included in the Animal Welfare Act the poultry industry would probably be inspected by the USDA on a regular bases. That's all the USDA needs is something else to do and we don't need more regulations put on us! It could also make it harder in getting the airlines to exclude poultry from their Unfounded Temperature Restriction! Please read the USDA's letter below and go to the USDA's address make your comments. We'll keep you updated as events unfold.
USDA SEEKS COMMENT ON PETITION TO REGULATE RATS, MICE, AND BIRDS
WASHINGTON, Jan. 27, 1999--The U.S. Department of Agriculture is seeking comment on a petition for rule making that requests the USDA to amend the definition of animal in the Animal Welfare Act regulations to indude rats and mice bred for laboratory research and birds. "This petition would, in effect, significantly in-crease our regulatory responsibilities under the AWA and affect our oversight of currently regulated parties," said W. Ron DeHaven, deputy administrator for animal care with the Animal and Plant Health Inspection Service, a part of USDA's marketing and regulatory programs mission area. "Accordingly, we need public input to help determine whether rats, mice, and birds should be regulated and, if so, how the increased workload should be prioritized.
In 1990, APHIS conducted a study of the potential effects of extending AWA protection to rats and mice bred for laboratory research and birds. The estimated annual cost, at that time, for conducting inspections of the additional research facilities that would come under AWA regulation was more than $3.5 million. In fact, APHIS estimated that the number of regulated research facilities would nearly double. The petition under consideration was submitted to USDA in early 1998 by the Alternatives Research and Development Foundation, a group affiliated with the American Antivivisection Society. Consideration will be given to comments received on or before March 29. To submit comments, send an original and three copies to Docket No. 98-106-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 4700 River Road, Unit 118, Riverdale, Md. 20737-1238. Or, comments may be submitted over the Internet. The form needed to electronically register comments is available at http://comments.aphis.usda.gov. Internet comments need only be submitted once and can be viewed at the above site. Comments regarding this issue are available to the public and may be viewed at USDA, Room 1141, South Building, 14th Street and Independence Avenue, S.W., Washington, D.C. between 8 a.m. and 4:30 p.m., Monday through Friday, except holidays. Persons wishing to review comments are requested to call ahead on (202) 690-2817 to facilitate entry into the reading room. The petition notice is scheduled for publication in the Jan. 28 Federal Register. For additional information, contact: Jerry DePoyster, senior veterinary medical officer, AC, APHIS, 4700 River Road, Unit 84, Riverdale, Md. 20737, (301) 734-7833. You can email you comments at this address: http://comments.aphis.usda.gov/comments/requests/1043.html
Quailco G.B.F.
email: quailco@yucca.net
www.quailcogbf.com.
Old update info below 2/19/99
UPDATE ON SENATE BILL 345
The following information is provided courtesy of Quailco Game Bird Farm:
Late Friday afternoon Quailco received a call from Senator Allard's office.Ê His office said that Quailco had misinterpreted his bill.Ê What we got from the Congressional Record stated:
S. 345 . A bill to amend the Animal Welfare Act to remove the limitation that permits interstate movement of live birds, for the purpose of fighting, to States in which animal fighting is lawful; to the Committee on Agriculture, Nutrition, and Forestry.
His office stated to Quailco that this did not affect
any game birds or any other poultry. The bill is only aimed toward cock
fighting.
Quailco informed his office that the poultry industry is fighting a
battle with the airlines to keep the shipping of poultry open.Ê What we
DO NOT need is another law restricting the shipping of ANY POULTRY!Ê
This
could hurt us in our battle with the airlines.
Note: We want it
understood that Quailco is not for or against cock fighting.Ê We do not
raise, sell, or fight birds.Ê We believe that it's the individual's right and
it's not our business if a person engages in cock fighting.
Quailco told
the Senator's office they were afraid this bill could be misinterpreted by a
liberal pro animal rights state or government official.Ê This bill does not
state the breeds of birds considered to be fighting birds.Ê This bill also
does not state the birds NOT considered fighting birds.
Quailco does not
believe, at the moment, that any animal right groups are behind this bill.Ê
What Quailco has heard and been told about Senator Allard is he's a true
animal lover, hunter and a Veterinarian.Ê Quailco believes that the Senators
intentions are good but he hasn't looked at the other side of this.Ê We
cannot let anymore of our rights be whittled away by the government and self
interest groups.
If you're disagree with Senate Bill 345 or agree with
it, please let your Senator's and Senator Lugar's office know.Ê Quailco will keep
us updated on this as it unfolds.
Original post is below 2/10/99
URGENT - STOP SENATE BILL 345
There is a bill being introduced in the U.S. Senate right
after the impeachment hearings. It is Senate Bill 345.Ê This bill
stops shipping of ALL Game Fowl!Ê This could be interpreted by some states
to include Game Birds.Ê Please help us stop this bill.Ê Call the
numbers below.
This bill is being introduced by Senator Wayne Allard of Colorado.
Please call Senator Lugar's office at (202)
224-4814 and tell
them you are against Senate Bill 345 and it must be stopped.
We are told
if they receive enough phones calls in the next few days they might get it
dropped.
Please call A.S,A.P.