Thursday, October 28, 2010

BLM Above Anti-Cruelty Laws / Update (See Footnote)

Watch here as the BLM Contractor torments an exhausted mare by actually PUSHING her along with the landing ski of the copter and ask yourself, is this type of behavior necessary or was the guy just trying to show off his pilot skills? And aint it un-necessarily cruel? Who in their right might could answer in anything but the afirmative? Why do they get away with it?

Federal Animal Welfare Acts; http://www.aphis.usda.gov/animal_welfare/index.shtml

Looks like the USDA is where to file our complaints....Hello

I have just got off the phone with the USDA APHIS in regards to the Federal Animal Welfare Laws asking if these laws apply to our wild horses and although I spoke to just a secretary,...she told me straight away that these laws do not apply to the wild horses managed by BLM. When I asked her why the HORSE PROTECTION ACT does not apply, she told me because the law was meant (only?) for show horses as the act is intended to protect them against "soreing," the practice of intentionally laming a horse to enhance his gait for show, i.e.; Tennessee Walkers and other "high-stepping" horses are the usual victims of this cruel practice....


HOWEVER, upon a thorough reading of the Act, I find the contrary to be true,...that the Horse Protection Act DOES NOT specifically state the law should be applied to only "show horses," and moreover has provisions to prohibit the TRANSPORT of lamed horses,.....and upon a reading of the law it DOES apply to ANY horse "so lamed",....including our wild ones and heres why: (pertinent parts highlighted in red)

TITLE 15--COMMERCE AND TRADE

CHAPTER 44--PROTECTION OF HORSES

Sec. 1822. Congressional statement of findings

The Congress finds and declares that--
(1) the soring of horses is cruel and inhumane;
(2) horses shown or exhibited which are sore, where such
soreness improves the performance of such horse, compete unfairly
with horses which are not sore;
(3) the movement, showing, exhibition, or sale of sore horses in
intrastate commerce adversely affects and burdens interstate and
foreign commerce
;
(4) all horses which are subject to regulation under this
chapter are either in interstate or foreign commerce or
substantially affect such commerce; and
(5) regulation under this chapter by the Secretary is
appropriate to prevent and eliminate burdens upon commerce and to
effectively regulate comm
erce.


From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 22, 2002]
[Document not affected by Public Laws enacted between
January 22, 2002 and January 16, 2003]
[CITE: 15USC1821]


TITLE 15--COMMERCE AND TRADE

CHAPTER 44--PROTECTION OF HORSES

Sec. 1821. Definitions

As used in this chapter unless the context otherwise requires:
(1) The term ``management'' means any person who organizes,
exercises control over, or administers or who is responsible for
organizing, directing, or administering.
(2) The term ``Secretary'' means the Secretary of Agriculture.
(3) The term ``sore'' when used to describe a horse means that--
(A) an irritating or blistering agent has been applied,
internally or externally, by a person to any limb of a horse,
(B) any burn, cut, or laceration has been inflicted by a
person on any limb of a horse,
(C) any tack, nail, screw, or chemical agent has been
injected by a person into or used by a person on any limb of a
horse, or
(D) any other substance or device has been used by a person
on any limb of a horse or a person has engaged in a practice
involving a horse,

and, as a result of such application, infliction, injection, use, or
practice, such horse suffers, or can reasonably be expected to
suffer, physical pain or distress, inflammation, or lameness when
walking, trotting, or otherwise moving,
except that such term does
not include such an application, infliction, injection, use, or
practice in connection with the therapeutic treatment of a horse by
or under the supervision of a person licensed to practice veterinary
medicine in the State in which such treatment was given.
(4) The term ``State'' means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Trust Territory of the
Pacific Islands.

(Pub. L. 91-540, Sec. 2, Dec. 9, 1970, 84 Stat. 1404; Pub. L. 94-360,
Sec. 3, July 13, 1976, 90 Stat. 915.)


Amendments

1976--Pub. L. 94-360 added pars. (1) and (2), redesignated subsec.
(a), defining ``sore'' as meaning that certain substances or devices had
been applied to any limb of a horse prior to Dec. 9, 1970, resulting in,
or reasonably likely to result in, such horse suffering physical pain or
distress when walking or trotting, as par. (3) and, as so redesignated,
struck out requirement that such substance or device had to have been
applied prior to Dec. 9, 1970 in order for a horse to be considered
``sored'' for purposes of this chapter, and substituted par. (4)
defining ``State'' for subsec. (b) defining ``commerce'' as between a
point in any State or possession of the United States and any point
outside thereof, or between points within the same State or possession
of the United States but through any place outside thereof, or within
the District of Columbia, or from any foreign country to any point
within the United States.


MOREOVER,.....

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 22, 2002]
[Document not affected by Public Laws enacted between
January 22, 2002 and January 16, 2003]
[CITE: 15USC1824]


TITLE 15--COMMERCE AND TRADE

CHAPTER 44--PROTECTION OF HORSES

Sec. 1824. Unlawful acts

The following conduct is prohibited:

(1) The shipping, transporting, moving, delivering, or receiving
of any horse which is sore with reason to believe that such horse
while it is sore may be shown, exhibited, entered for the purpose of
being shown or exhibited, sold, auctioned, or offered for sale, in
any horse show, horse exhibition, or horse sale or auction
;
except
that this paragraph does not apply to the shipping, transporting,
moving, delivering, or receiving of any horse by a common or
contract carrier or an employee thereof in the usual course of the
carrier's business or employee's employment unless the carrier or
employee has reason to believe that such horse is sore.
(2) The (A) showing or exhibiting, in any horse show or horse
exhibition, of any horse which is sore, (B) entering for the purpose
of showing or exhibiting in any horse show or horse exhibition, any
horse which is sore, (C) selling, auctioning, or offering for sale,
in any horse sale or auction, any horse which is sore,
and (D)
allowing any activity described in clause (A), (B), or (C)
respecting a horse which is sore by the owner of such horse.
(3) The failure by the management of any horse show or horse
exhibition, which does not appoint and retain a person in accordance
with section 1823(c) of this title, to disqualify from being shown
or exhibited any horse which is sore.
(4) The failure by the management of any horse sale or auction,
which does not appoint and retain a qualified person in accordance
with section 1823(c) of this title, to prohibit the sale, offering
for sale, or auction of any horse which is sore.
(5) The failure by the management of any horse show or horse
exhibition, which has appointed and retained a person in accordance
with section 1823(c) of this title, to disqualify from being shown
or exhibited any horse (A) which is sore, and (B) after having been
notified by such person or the Secretary that the horse is sore or
after otherwise having knowledge that the horse is sore.
(6) The failure by the management of any horse sale or auction
which has appointed and retained a person in accordance with section
1823(c) of this title, to prohibit the sale, offering for sale, or
auction of any horse (A) which is sore, and (B) after having been
notified by such person or the Secretary or after otherwise having
knowledge that the horse is sore.
(7) The showing or exhibiting at a horse show or horse
exhibition; the selling or auctioning at a horse sale or auction;
the allowing to be shown, exhibited, or sold at a horse show, horse
exhibition, or horse sale or auction; the entering for the purpose
of showing or exhibiting in any horse show or horse exhibition; or
offering for sale at a horse sale or auction, any horse which is
wearing or bearing any equipment, device, paraphernalia, or
substance which the Secretary by regulation under section 1828 of
this title prohibits to prevent the soring of horses.
(8) The failing to establish, maintain, or submit records,
notices, reports, or other information required under section 1823
of this title.
(9) The failure or refusal to permit access to or copying of
records, or the failure or refusal to permit entry or inspection, as
required by section 1823 of this title.
(10) The removal of any marking required by the Secretary to
identify a horse as being detained.
(11) The failure or refusal to provide the Secretary with
adequate space or facilities, as the Secretary may by regulation
under section 1828 of this title prescribe, in which to conduct
inspections or any other activity authorized to be performed by the
Secretary under this chapter.

(Pub. L. 91-540, Sec. 5, Dec. 9, 1970, 84 Stat. 1405; Pub. L. 94-360,
Sec. 6, July 13, 1976, 90 Stat. 916.)


Amendments

1976--Pub. L. 94-360 substituted provisions prohibiting the
transportation, receipt, exhibition, sale, or auction of a sored horse,
and the showing, sale or auction of a horse bearing any device or
substance prohibited by regulation of the Secretary, and making the
management of a horse show, exhibition, or sale, responsible for failure
to disqualify such horses from participating, and for interfering with
the conducting of inspections by the Secretary of horses in the show or
of the management records, for provisions authorizing the inspection of
horses, transported in commerce, and requiring the management of shows
and exhibitions to maintain such records as the Secretary prescribes
.
Provisions now covering the maintenance of records and the inspection of
horses are set out as section 1823 of this title.



From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 22, 2002]
[Document not affected by Public Laws enacted between
January 22, 2002 and January 16, 2003]
[CITE: 15USC1823]


TITLE 15--COMMERCE AND TRADE

CHAPTER 44--PROTECTION OF HORSES

Sec. 1823. Horse shows and exhibitions


(a) Disqualification of horses

The management of any horse show or horse exhibition shall
disqualify any horse from being shown or exhibited (1) which is sore or
(2) if the management has been notified by a person appointed in
accordance with regulations under subsection (c) of this section or by
the Secretary that the horse is sore.

(b) Prohibited activities

The management of any horse sale or auction shall prohibit the sale
or auction or exhibition for the purpose of sale of any horse (1) which
is sore
or (2) if the management has been notified by a person appointed
in accordance with regulations under subsection (c) of this section or
by the Secretary that the horse is sore.

(c) Appointment of inspectors; manner of inspections

The Secretary shall prescribe by regulation requirements for the
appointment by the management of any horse show, horse exhibition, or
horse sale or auction of persons qualified to detect and diagnose a
horse which is sore or to otherwise inspect horses for the purposes of
enforcing this chapter.
Such requirements shall prohibit the appointment
of persons who, after notice and opportunity for a hearing, have been
disqualified by the Secretary to make such detection, diagnosis, or
inspection. Appointment of a person in accordance with the requirements
prescribed under this subsection shall not be construed as authorizing
such person to conduct inspections in a manner other than that
prescribed for inspections by the Secretary (or the Secretary's
representative) under subsection (e) of this section.

(d) Recordkeeping and reporting requirements; availability of records

The management of a horse show, horse exhibition, or horse sale or
auction
shall establish and maintain such records, make such reports,
and provide such information as the Secretary may by regulation
reasonably require for the purposes of implementing this chapter or to
determine compliance with this chapter. Upon request of an officer or
employee duly designated by the Secretary, such management shall permit
entry at all reasonable times for the inspection and copying (on or off
the premises) of records required to be maintained under this
subsection.

(e) Inspection by Secretary or duly appointed representative

For purposes of enforcement of this chapter (including any
regulation promulgated under this chapter) the Secretary, or any
representative of the Secretary duly designated by the Secretary, may
inspect any horse show, horse exhibition, or horse sale or auction or
any horse at any such show, exhibition, sale, or auction.
Such an
inspection may only be made upon presenting appropriate credentials.
Each such inspection shall be commenced and completed with reasonable
promptness and shall be conducted within reasonable limits and in a
reasonable manner. An inspection under this subsection shall extend to
all things (including records) bearing on whether the requirements of
this chapter have been complied with.

(Pub. L. 91-540, Sec. 4, Dec. 9, 1970, 84 Stat. 1405; Pub. L. 94-360,
Sec. 5, July 13, 1976, 90 Stat. 916.)


Amendments

1976--Pub. L. 94-360 substituted provisions relating to the
inspection and disqualification of horses participating in horse shows
and exhibitions, the issuance of regulations by the Secretary, and the
maintenance of records by horse show management, for provisions
prohibiting as constituting unlawful acts the exhibition of sored
horses, the transportation in commerce for purposes of exhibition of any
horse that had been sored, and the conducting of any show or exhibition
in which sored horses appear. Provisions now covering such unlawful acts
are set out as section 1824 of this title.


STUDY the USDAs Animal Wefare Act and the Horse Protecton Act, and see if you dont agree that these laws DO apply to the BLM specifically in their gathering and transport processes involving sored and / or lamed wild horses and burros, and if you find the laws apply or SHOULD apply, send your complaints to:

USDA Animal Inspection Services

47oo River Rd.

Riverdale, MD 20737

Thanks.

*This is the law that gives the USDA the authority to inspect horse auctions so dont let them tell you that they dont have jurisdicition when you call up to complain about lame horses you see at these places...

3 comments:

Dawna said...

DAMN GOOD JOB MY FRIEND! I POSTED ON FACEBOOK FOR ALL TO READ. MAKING A COMMENT TO GET THE LEGAL PEOPLE TO REALLY OPEN & READ! I'M SO GLAD THE WILD ONES HAVE YOU ON THEIR SIDE. I'LL TRY TO GET MORE PEOPLE TO CROSS POST AS WELL!!!!

Mz.Many Names said...

The law also DOES NOT make any distinction between "intentional" or "un-intentional" acts.....

Mz.Many Names said...

The importaant part is that they are not to be shipped foot or leg sore