INTRODUCTION ANIMAL WELFARE: ITS PLACE IN LEGISLATION. By Congressman Christopher Shays*

Similar documents
ISSUE BRIEF NUMBER IB82046 AUTHOR: William C. Jolly. Environment and Natural Resources Policy Division THE LIBRARY OF CONGRESS

Horse Slaughter Prevention Bills and Issues

4. Content of Concurrent Resolutions on the Budget

LAW REVIEW, OCTOBER 1995 ENDANGERED SPECIES ACT REGULATES CRITICAL HABITAT MODIFICATION ON PRIVATE LAND

Sample Resolutions: California BILL NUMBER: SJR 22 ENROLLED BILL TEXT

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB

ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK 42 WEST 44 th STREET NEW YORK, NY COMMITTEE ON LEGAL ISSUES PERTAINING TO ANIMALS

The Endangered Species Act and Take. Rollie White Oregon Field Office US Fish and Wildlife Service

ENDANGERED SPECIES ACT OF PROHIBITED ACTS

CONGRESSIONAL RECORD -- HOUSE. Tuesday, June 17, th Congress, 1st Session. 143 Cong Rec H 3819

Executive Director Deputy Director Director Emeritus Chad M. Berginnis, CFM Ingrid D. Wadsworth, CFM Larry A. Larson, P.E., CFM

HOW THE POLL WAS CONDUCTED

The Food Safety Enhancement Act: Adjusting Food Safety Procedures for the 21 st Century

MISSISSIPPI LEGISLATURE REGULAR SESSION 2010 COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 3085

April 30, Background

RE: Oppose S. 112, S. 292, S. 293, S. 468, S. 655, S. 736, S. 855, and S. 1036

CONGRESSIONAL CANDIDATE QUESTIONNAIRE A Model Questionnaire for use by State and Local Lodges

16 USC NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

Safari Club International v. Jewell

CRS Report for Congress Received through the CRS Web

USDA Foreign Agricultural Service GAIN Report. Global Agriculture Information Network. Required Report - Public distribution

Case 1:18-cv Document 1 Filed 04/12/18 Page 1 of 11 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

The Emergency Management Assistance Compact (EMAC): An Overview

[First Reprint] ASSEMBLY, No. 848 STATE OF NEW JERSEY. 208th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 1998 SESSION

*** NTA Alert *** ~Refuge From Cruel Trapping 1081~

CRS Report for Congress

In The Supreme Court of the United States

by Geoffrey K. Beach, Peter J. Biersteker. and David T. Miller

CRS Report for Congress

CRS Report for Congress

Hong Kong Food and Agricultural Import Regulations and Standards - Certification FAIRS Export Certificate Report

Salaries of Members of Congress: Congressional Votes,

16 USC NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

UNITED STATES v. DION SUPREME COURT OF THE UNITED STATES 476 U.S. 734;

CRS Report for Congress

Dan Keppen, P.E. Executive Director

CRS Report for Congress Received through the CRS Web

S. RES. ll IN THE SENATE OF THE UNITED STATES RESOLUTION

THE WILD FREE-ROAMING HORSE AND BURRO ACT OF 1971

Pacific Ocean Resources Compact. The provisions of the Pacific Ocean Resources Compact are as follows:

MEMORANDUM OF AGREEMENT between the Environmental Protection Agency, the Department of the Interior, and the Department of Commerce

The Endangered Species Act Amendments of 1978: A Step Backwards?

HOME RULE RESOLUTION NO. HR-93-5 A RESOLUTION PROHIBITING THE OWNERSHIP, POSSESSING, KEEPING, OR HARBORING OF CERTAIN ANIMALS

STATE OF NEW JERSEY. ASSEMBLY, No th LEGISLATURE

Animal Welfare Act 1992

Animal Protection Laws of Colorado

June 2013 Hurricane Sandy Relief Act Includes Changes to Expedite Future Disaster Recovery

The United States Endangered Species Act of 1973.

Salaries of Members of Congress: Recent Actions and Historical Tables

CRS Report for Congress

DEVELOPMENTS : THE 2004 ELECTION CYCLE, SECTION 527 ORGANIZATIONS

Producer Licensing. (PLMA) and National Insurance Producer Registry (NIPR)).

FDA REFORM LEGISLATION Its Effect on Animal Drugs TABLE OF CONTENTS

Urban Search and Rescue Task Forces: Facts and Issues

ENDANGERED SPECIES ACT OF 1973

Indians, Non-Indians, and the Endangered Panther; Will the Indian/Non-Indian Conflict Be Resolved before the Panther Disappears?

UNI T E D ST A T ES DIST RI C T C O UR T F O R DIST RI C T O F M O N T A N A M ISSO U L A DI V ISI O N

MEMORANDUM OF AGREEMENT. between. the Environmental Protection Agency, the Department of the Interior, and the Department of Commerce

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

33 USC 851. NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

Resolution Urging Congress to Allow the Interstate Sale of State Inspected Meat and Poultry

1/26/2010 7:08 PM. Kristen M. Quaresimo* I. INTRODUCTION

Page 1727 TITLE 16 CONSERVATION 1531

Decision-making in CITES

The Federal Refusal Clause: Endangering Women s Health

ELEMENTS OF CONSERVATION LAW

LAW ON THE REGULATION OF FOREIGN TRADE IN ENDANGERED ANIMAL AND PLANT SPECIES AND DERIVATIVES THEREOF

42 USC NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

SENATE, No STATE OF NEW JERSEY. 216th LEGISLATURE INTRODUCED MAY 5, 2014

H.R. 980/S. 2123, the Public Employee-Employer Cooperation Act

2) A Bill to Legalize Marijuana

M E M O R A N D U M S E P T E M B E R 28,

SENATE, No STATE OF NEW JERSEY. 217th LEGISLATURE INTRODUCED NOVEMBER 14, 2016

Changes to Federal Permit Regulations for Incidental Take of Eagles and Take of Eagle Nests

BILL SUMMARY/POSITION/NRS STATUS/EFFECTIVE DATE NEXT STEPS

WikiLeaks Document Release

Case 1:18-cv Document 1 Filed 11/08/18 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

States Animal Cruelty Statutes

Article 7. Department of Environmental Quality. Part 1. General Provisions.

CHAPTER Committee Substitute for House Bill No. 1143

Animal Law Conference Additional Resources for the Aquatic Animal Law Panel Kathy Hessler

January 9, 2008 SENT VIA FEDERAL EXPRESS AND FACSIMILE

S IN THE SENATE OF THE UNITED STATES

FEDERAL FUNDING OUTLOOK

Rethinking the Irreparable Harm Factor in Wildlife Mortality Cases

Disaster Recovery Team Biographies

Legislative Update. Illinois Action for Children. January 15, 2015

Demographic Profile of the 111th Congress

Rural and Wildlife Strategy

Subject: Opinion on Whether Trinity River Record of Decision is a Rule

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

FY2018 and FY2019 Agriculture Appropriations: Federal Food Safety Activities

2. Do you approve or disapprove of the job Congress is doing? Sep 08 17% 73 9 Democrats 28% Sep 08 23% 68 8 Republicans 10% 87 3

A PETITION PURSUANT TO ARTICLE 14 OF THE NORTH AMERICAN AGREEMENT ON ENVIRONMENTAL COOPERATION

8-7. Communications and Legislation Committee. Board of Directors. 4/9/2019 Board Meeting. Subject. Executive Summary. Details

The Charter of the American National Red Cross: Current Issues and Proposed Changes Summary On April 17, 2007, the House passed H.R. 1681, a bill to r

Deeming Resolutions: Budget Enforcement in the Absence of a Budget Resolution

Ref. No. D. 66:07 Ministry of Justice National Parks and Wildlife (Amendment) Bill, 2016 Author: Rumbani Jere

The Wilderness Problem in Idaho: Is S The Idaho Forest Management Act of The Solution?

Chapter 391. International Trade (Fauna and Flora) Act Certified on: / /20.

Transcription:

INTRODUCTION ANIMAL WELFARE: ITS PLACE IN LEGISLATION By Congressman Christopher Shays* Animals are vital to our livelihood, and humankind has an obligation to all animals. While one would hope this knowledge would be widespread, much legislation regarding the protection of all kinds of animals and pets remains to be brought to the House floor. I am committed to animal welfare, and I believe strongly in protecting those that need it the most. On September 22, 2005, Congressman Tom Lantos and I, as cochairs of the Congressional Friends of Animals Caucus, introduced H.R. 3858, the Pets Evacuation and Transportation Standards (PETS) Act. 1 This common-sense bill requires state and local preparedness groups to include plans for the evacuation of pet owners, pets, and service animals in the event of a major disaster. 2 Hurricane Katrina left so many victims in its wake, including up to 600,000 animals that lost their lives or were left without shelter. 3 Katrina taught us the hard lesson that, as we prepare for future emergencies, it is important we protect our pet owners in our plans, many of whom had to choose between their safety and the safety of their pets. In order to qualify for Federal Emergency Management Agency (FEMA) funding, a jurisdiction is required to submit a document de- * Christopher Shays 2005. Congressman Shays has been a United States Representative of Connecticut's Fourth Congressional District from 1987 to present. 1 H.R. 3858, 109th Cong. (Sept. 22, 2005) (as introduced) (amendment to 42 U.S.C. 5196(b) (2000)). 2 Id. at 2. 3 See Cheyenne Hopkins, CQ Bill Analysis, 2005 Congressional Quarterly (Oct. 7, 2005) (available at 2005 WLNR 16480023) (Congressman Lantos introduced the H.R. 3858 PETS Act as a response to the problems encountered during Hurricane Katrina, explaining that "as many as 69 percent of [New Orleans residents] are pet owners and... as many as 600,000 pets and animals [were] affected by the devastation of Hurricane Katrina.").

ANIMAL LAW [Vol. 12:1 tailing their disaster preparedness plan. 4 The PETS Act would simply require state and local emergency preparedness authorities to plan for how they will accommodate households with pets or service animals when presenting these plans to FEMA. 5 This bipartisan legislation is necessary because, when asked to choose between abandoning their pets or their own personal safety, many pet owners choose to risk their lives and remain with their pets. 6 Thus, this is not just an animal welfare issue. It is a public safety issue. There are a number of other animal welfare issues that beg legislative attention. Our work is far from done. Issues such as the humane treatment of animals, 7 puppy mills, 8 horse slaughter, 9 the protection and recovery of endangered species, 1 0 wildlife protection measures,' 1 and hunting regulations 12 are a few of many animal welfare challenges that must be addressed. The cruel and senseless slaughter of American horses for human consumption in foreign markets remains a threat. On June 8, 2005, I voted for an amendment offered by Congressmen John Sweeney and John Spratt to H.R. 2744, the FY 06 Agriculture Appropriations Act, which prevents horse slaughter. 13 This amendment prohibits the use of funds in the bill to pay salaries and expenses of personnel to inspect horses under the Federal Meat Inspection Act, 14 which is required 4 42 U.S.C. 5131 (2000). 5 H.R. 3858, 109th Cong. at 2. 6 See Jay Romano, Your Home: Protecting Pets in a Disaster, N.Y. Times 14 (Sept. 25, 2005) (available at 2005 WLNR 15110873) (for tips on how to prepare to avoid the plight of pet owners in Hurricane Katrina who refused to abandon their pets to evacuate). 7 See H.R. 817, 109th Cong. (Feb. 15, 2005) and Sen. 382, 109th Cong. (Feb. 15, 2005) (passed unanimously in the Senate; reprinted in 151 Cong. Rec. S4605 (daily ed. Apr. 28, 2005)) (Animal Fighting Prohibition Enforcement Act of 2005 to strengthen prohibitions against animal fighting); see also H.R. 3931 & Sen. 1779, 109th Cong. (Sept. 28, 2005) (Downed Animal Protection Act, to amend the Humane Methods of Slaughter Act to establish a permanent ban on the slaughter of downed livestock). 8 See H.R. 2669, 109th Cong. (May 26, 2005) and Sen. 1139, 109th Cong. (May 26, 2005) (as introduced) (amendment to 7 U.S.C. 2131-2159 (2000)) (The Pet Animal Welfare Statute (PAWS) amends the Animal Welfare Act by strengthening the ability of the Secretary of Agriculture to regulate pet breeding operations). 9 See infra n. 15 (amendment to H.R. 2744, the FY 06 Agriculture Appropriations Act, which prohibits the use of federal funds to pay salaries of personnel to inspect horses as is required before animals can be sold for human consumption); see also H.R. 503, 109th Cong. (Feb. 1, 2005) and Sen. 1915, 109th Cong. (Oct. 25, 2005) (as introduced) (American Horse Slaughter Protection Act, which would amend the Horse Protection Act to prohibit horses from being slaughtered for human consumption). 10 See infra nn. 22-36 (discussing proposed changes to the ESA). 11 See infra nn. 22-36 (discussing proposed changes to the ESA). 12 See H.R. 1688, 109th Cong. (Apr. 19, 2005) and Sen. 304, 109th Cong. (Feb. 7, 2005) (Sportsmanship in Hunting Act seeks to halt the interstate transport of exotic animals for use in canned hunts). 13 Off. of the Clerk, U.S. H.R., Final Vote Results for Roll Call 233, http://clerk.house.gov/evs/2005/ro1233.xml (June 8, 2005) (Roll call for Sweeney Amendment). 14 21 U.S.C. 601-611, 615-624, 641-645, 661, 671-680 (2000).

2005] ANIMAL WELFARE IN LEGISLATION before the horses can be sold. 18 The amendment passed the House by a vote of 269 to 158.16 I am adamantly opposed to the practice of slaughtering horses for human consumption. That is why I am a cosponsor of H.R. 503, which amends the Horse Protection Act 17 to prohibit the shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation of horses and other equines to be slaughtered for human consumption. 18 This bill would prohibit any person from: (1) slaughtering a horse for human consumption; (2) importing to, or exporting from, the United States horse flesh or horses for human consumption; or (3) selling, bartering, transferring, receiving, or distributing horse flesh or horses for human consumption. 19 The bill would impose penalties on persons who violate these provisions. 20 Horses are not just companion and recreational animals. They are a vital part of our nation's culture and history. 21 The Endangered Species Act (ESA) 22 has also been recently debated in Congress. First enacted in 1973, the ESA is credited with preventing the immediate disappearance of more than one thousand wildlife species, including the bald eagle, grizzly bear, and Pacific salmon. 23 I support the preservation and protection of endangered species, and I oppose efforts to weaken the ESA. I voted against H.R. 3824, the Threatened and Endangered Species Recovery Act (TESRA), because I strongly support the preservation and protection of endangered species and oppose any efforts to weaken the existing law. 2 4 Regrettably, on September 29, 2005, H.R. 3824 passed the House by a vote of 229 to 193.25 TESRA makes it more difficult to list species as endangered or threatened 26 and sweeps away 15 151 Cong. Rec. H4247 (daily ed. June 8, 2005). 16 Off. of the Clerk, U.S. H.R., supra n. 13, at http://clerk.house.gov/evs/2005/ rol1233.xml. 17 15 U.S.C. 1821-1831 (2000). 18 H.R. 503, 109th Cong. (Feb. 1, 2005). 19 Id. at l(c). 20 Id. at 1(d)-(e). 21 D.S. Mills & S.M. McDonnell, The Domestic Horse: The Origins, Development and Management of its Behaviour (Cambridge U. Press 2005). 22 Endangered Species Act of 1973, 16 U.S.C. 1531-1544 (2000). 23 The U.S. Fish and Wildlife Service reports that there are currently 1,270 plants and animals listed as threatened or endangered under the ESA. Threatened and Endangered Species System (TESS), Summary of Listed Species, Species, and Recovery Plans as of 11/12/2005, http://ecos.fws.gov/tess public/tessboxscore (updated Nov. 12, 2005). Since the adoption of the ESA, only nine listed species have gone extinct. TESS, Delisted Species Report as of 11/12/2005, http://ecos.fws.gov/tess-public/servlet] gov.doi.tess-public.servlets.delisted?listings=0 (updated Nov. 12, 2005). 24 H.R. 3824, 109th Cong. (2005) (reprinted in 151 Cong. Rec. H8583 (daily ed. Sept. 29, 2005)). 25 151 Cong. Rec. H8583 (daily ed. Sept. 29, 2005). 26 H.R. 3824, 109th Cong. at 4.

ANIMAL LAW [Vol. 12:1 many regulatory protections for those that are listed as such. 27 The bill also weakens the process by which the government ensures its own actions do not jeopardize species 28 and creates a mandatory entitlement program for private property owners, 2 9 which is likely to be hugely expensive. Finally, the bill appears to give the opinions of individuals without any scientific expertise equal standing with those of scientists 30 and repeals protections against hazardous pesticides. 3 1 On September 22, 2005, I wrote a letter along with twenty-two of my colleagues to former House Majority Leader Tom DeLay, urging him to postpone consideration of H.R. 3824 to allow time to carefully read the bill and understand its ramifications. 3 2 As you may know, the legislation was introduced, marked up in committee, and voted on all within two weeks. 33 During debate, I spoke against H.R. 3824 and in support of an amendment in the nature of a substitute bill offered by Congressmen George Miller and Sherry Boehlert. 3 4 The amendment would have prevented the creation of the mandatory entitlement program for private property owners and restored the role of science in the ESA. 35 In my comments, I stated: The Endangered Species Act is working. According to the U.S. Fish and Wildlife Service, 99 percent of the species ever listed under the Endangered Species Act have been prevented from going extinct, and 68 percent are stable or improving; but the recovery plans in place may need 50 years to restore these to relative abundance. 3 6 Unfortunately, the amendment failed by a vote of 206 to 216. 37 The ESA has been a guiding force for the preservation of species in danger of extinction for over thirty years, and it is vitally important that we not alter it in any way that could result in the layers of protection being compromised to the detriment of the species it was designed to protect. Animal welfare will continue to be a challenge. By advocating animal welfare legislation at the federal level, states, the private sector, and individuals can follow clearer, more humane guidelines 27 Id. at 5. 28 Id. at 11. 29 Id. at 13. 30 Id. at 3(a)(2)(A). 31 Id. at 20. 32 Ltr. from Congressman Christopher Shays and Twenty-Two Other Republican H. Members to Majority Leader Tom DeLay (Sept. 22, 2005) (on file with Animal L.). 33 H.R. 3824 was introduced on Sept. 19, 2005 and voted on Sept. 29, 2005. See H.R. 3824, 109th Cong. (Sept. 29, 2005) (as introduced). 34 151 Cong. Rec. H8578 (daily ed. Sept. 29, 2005). 35 Id. 36 Id. 37 Id. at H8582.

2005] ANIMAL WELFARE IN LEGISLATION 5 regarding the safety of all animals. As co-chairs of the Congressional Friends of Animals Caucus, Congressman Lantos and I will continue to educate lawmakers about the importance of animal welfare initiatives at all levels.