Big Cat Public Safety Act: USFWS v. USDA

Legislative Update on the Status of H.R. 1818: Big Cat Public Safety Act

The Last Word on Wildlife

08270149-aa9f-4e80-bf2d-e81486d697e3-2060x1236UPDATED June 29, 2017

On March 30, 2017 the Big Cat Public Safety Act (H.R. 1818) was introduced into the U.S. House of Representatives. Proponents of H.R. 1818 laud it as a bi-partisan effort to “prohibit private ownership of captive lions, tigers, and other big cats in the US.” — in other words, pets. However, this characterization appears not only disingenuous, but it is duplicative, as most states already prohibit the ownership of big cats as pets. If passed as written, the primary impact of H.R. 1818 would not be on pet owners, but on zoos and sanctuaries that are not ideologically aligned with animal rights advocates espousing historical anti-captive wildlife sentiments.

Usurping the Animal Welfare Act
In a joint press release animal rights groups claimed H.R. 1818 would strengthen the Captive Wildlife Safety Act (CWSA). The CWSA is the 2003 Lacey Act amendment mandating interstate transport of big cats be limited…

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Landmark Victory for USARK in Python Ban Lawsuit

american-flag-gavel-scales-of-justice

“Scales” of Justice prove true for Herpetoculture

Washington DC— April 7, 2017. The United States Court of Appeals, District of Columbia Circuit in the case of the United States Association of Reptile Keepers v. Ryan Zinke, Secretary of The Interior and U.S. Fish and Wildlife Service, Humane Society of the United States and Center for Biological Diversity, ruled in favor of USARK on the question of Lacey Act authority to prohibit interstate transport of species listed as “injurious” under the Lacey Act. The court held that, “the government lacks authority under the shipment clause to prohibit shipments of injurious species between the ‘continental’ States.”

264575_210697215640070_6306357_n5-300x225What does all of this mean?
The way has now been cleared to legally resume trade of the Burmese python, North African python, South African python, reticulated python, DeSchauensee’s anaconda,  Beni anaconda, green anaconda and yellow anaconda within the “continental United States.” However, it appears that injurious species cannot be transported into the District of Columbia. The shipment clause specifically references the “continental United States,” “Hawaii,” the “Commonwealth of Puerto Rico,” and “any possession of the United States”, and the “District of Columbia” as distinct designations. In the court’s opinion the “District of Columbia” is an expressly separate designation from the “continental United States,” and specifically identified as prohibited in the shipment clause. In conclusion, it appears that there will be no legal transport into Washington, DC without the appropriate permits.

Congress defined the phrase “continental United States” in a statute enacted by the same Congress in the year before the 1960 addition of the shipment clause. See Pub. L. No. 86-70, § 48, 73 Stat. 141, 154 (1959); see also 1 U.S.C. § 1 note. Under that definition, “[w]henever the phrase ‘continental United States’ is used in any law of the United States enacted after the date of the enactment of this Act, it shall mean the 49 States on the North American Continent and the District of Columbia, unless otherwise expressly provided.”

Keep in mind that all nine constrictor snakes continue to be listed as injurious under the Lacey Act. Export and interstate transport are allowed. However import without a special permit is a felony and strictly prohibited. Violations can carry heavy fines and prison time.

Categorical Exclusion: CatX
Additionally, in 2015, in an unprecedented move, the U.S. Fish and Wildlife Service empowered itself to shortcut the rule making process under the Lacey Act in order to more easily declare injurious wildlife listings, making way for mass listing of species. Known as CatX, this rule has negatively impacted herpetoculture, and the pet trade by removing scientific justification from the listing process. This led to the listing of 201 salamander species in 2016, prohibiting the import and interstate trade of captive bred specimens. However, the ruling by the court on the authority of the Lacey Act to prohibit interstate transport now opens the way to resume trade of listed captive bred salamander species in the continental U.S., removing CatX’s teeth as a blunt force instrument to prohibit captive breeding programs on American soil. Listed species may be exported. However import without permit is a felony.

The bottom line is that CatX and the Python Ban now prohibit import only, and the Court’s Ruling has effectively clipped the wings of the radical animal rights industry seeking to use the Lacey Act to interfere with captive breeding programs in this country.

http://www.troutmansanders.com/george-y-sugiyama-joins-troutman-sanders-washington-dc-office-03-21-2012/

George Sugiyama, former Chief Minority Counsel, Senate EPW ~ Troutman Sanders

History of the USARK Lawsuit
In 2011, as then-CEO of the U.S. Association of Reptile Keepers (USARK), I led the fight against the listing of nine constrictor snakes as injurious under the Lacey Act. During the course of many visits to Capitol Hill, I met with George Sugiyama, Chief Minority Counsel for the Senate Environmental and Public Works (EPW) Committee. Mr. Sugiyama suggested to me, that in his legal opinion, FWS under the Lacey Act, did not have the authority to restrict interstate transport of species listed as injurious. I loved the simplicity of his argument and directed USARK’s counsel to further research and vet the idea. Subsequently, we hatched a plan, and created a blueprint for a lawsuit challenging the FWS’ authority to regulate interstate transport. The architects of the lawsuit were George Sugiyama, Joan Galvin and myself.

I spent most all of 2012 lobbying the USARK Board of Directors to move forward with the lawsuit. USARK finally filed that lawsuit against then-Interior Secretary Sally Jewell (USARK v. Jewell et al.) in the Federal District Court of Washington, DC in December of 2013— 11 months after I resigned from the organization. In the end it doesn’t matter why they waited. The point is, USARK did file the lawsuit, my strategy proved to be the correct one as illustrated by the court, and herpetoculture gets a huge victory that will resonate for years to come!

The Injurious Wildlife listing under the Lacey Act can no longer be used as the weapon it once was against domestic herpetoculture in the United States.

Congratulations USARK and the Reptile Nation for a job well done!
Working on behalf of USARK Joan Galvin, Shawn Gehan, David Frulla, Paul C. Rosenthal, Richard Stanley, and an anonymous legal contributor all played crucial roles in bring this lawsuit to fruition. In addition there have been countless volunteers and fundraisers that contributed and funded this unprecedented success that has been 9 years in the making. It has been my honor and privilege to play my part. My sincerest thank you to USARK and the entire Reptile Nation in this monumental victory for herpetoculture!


Happy Birthday USARK! — Many people don’t know, even the current officers of USARK, but USARK was founded as a trade association dedicated to the interests of herpetoculture on April 5, 2008 in Chicago, specifically to fight the Python Ban. The founding principal was Andrew Wyatt, formerly the founder and president of the North Carolina Association of Reptile Keepers (NCARK). The co-founders of USARK included Mack Robinette, Lou Sangermano, Ralph Davis, Doug Price, Sherry Tregembo, Jeff Ronnie, Warren Booth, Shawn Heflick, Brian Sharp, and Dan and Colette Sutherland. This group would become the USARK Board of Directors electing Wyatt as president and CEO in April 2008. April 5, 2017 was USARK’s Birthday. Happy Birthday to a young and successful trade association.


Andrew Wyatt is a government affairs and policy consultant that works exclusively in the wildlife sector.

Ula and me“Wildlife issues are highly charged and contentious. I specialize in articulating clear policy ideas and getting them in front of key decision makers. Please follow ‘The Last Word on Wildlife’ for insight and analysis particular to the 21st century wildlife sector. If you would like to discuss the potential advantages of creating a comprehensive business/government affairs strategy, or a more targeted issue campaign, please call or email me.” ~ Andrew Wyatt


© 2017 Andrew Wyatt and The Last Word on Wildlife. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Andrew Wyatt and The Last Word on Wildlife with appropriate and specific direction to the original content.

Animal Rights – Fundraising Wrongs ~ Part II

Pacelle Money

Morality and Ethics ~ The Ends Justify the Means
Animal rights groups such as the Humane Society of the United States (HSUS), Born Free USA, and the International Fund for Animal Welfare (IFAW), seek to  claim the “moral high ground” on behalf of animals. However, that “high ground” stands on a shaky foundation of exaggerations of the truth, intimidation of the opposition, and risky games of  legal hi-jinx with donor money. This approach to fundraising uses divisive tactics like PETA-porn to create a mob mentality around animal issues. Impassioned people are motivated to donate money, and manipulating facts and manufacturing evidence may help achieve fundraising goals if it can sufficiently outrage your donor base.

RICO Act Lawsuit and Witness Tampering
This Summer the sins of HSUS hit home with a real vengeance when HSUS, Born Free USA and other co-defendants agreed to pay $15.75 million to settle a federal lawsuit filed against them by Feld Entertainment under the Racketeer Influenced and Corrupt Organizations (RICO) Act. As a result, the charity watchdog group, Charity Navigator, revoked HSUS’ mediocre 3-star rating and issued a “Donor Advisory” warning. Charity Navigator issued the warning soon after news of the HSUS settlement made the news. The animal rights behemoth lost its insurance coverage in 2010 likely putting donors on the hook for HSUS’ legal misadventures. As a co-defendant in the RICO lawsuit, the ASPCA agreed to settle for $9.3 million in late 2012.

The RICO lawsuit was filed in response to a “frivolous” Endangered Species Act (ESA) suit filed against Feld 14 years ago by HSUS and company. Court documents revealed that, “In the original ESA lawsuit, Feld Entertainment discovered the animal rights groups and their lawyers had paid over $190,000 to a former circus employee, Tom Rider, to be a ‘paid plaintiff.’ The Court also found that the animal rights groups and their attorneys ‘sought to conceal the nature, extent and purpose of the payments’ during the litigation. Their abuse of the judicial system included the issuance of a false statement under oath by Rider, assisted by his counsel, who the Court found was ‘the same attorney who was paying him’ to participate in the litigation. The Court found in addition to Rider being a ‘paid plaintiff,’ that the lawsuit was ‘frivolous and vexatious.'”

Hate-Speak Attacks on Children

Kendall-Jones-school

Kendall Jones ~ Facebook

Teenager Kendall Jones suffered an unrestrained attack via social media earlier this year. Jones, a 19 year old, American pie college student became the poster child for anti-hunting by organizations in the animal rights industry that labeled her as a “killer and a murderer.” Several months ago she posted pictures from a legal African safari in which she participated. The vitriolic response that followed included threats against her life. For a period of time, Facebook hosted a Kill Kendall Jones Page, which has now been removed.  (Initially, the site refused to remove the threatening page, saying it did not rise to the level of genuine risk or physical harm.)

“I hope she [Kendal Jones] is in the news when it is to report she has been murdered and the murderer is holding her up as a trophy. Good riddance to scum like her.” ~Fan Comment on Born Free USA Facebook Page

In an article published in the Huffington Post, Jeffery Flocken, North American Director of IFAW, castigated the teen in front of a national audience, and used the opportunity to call all hunters, “killers.” Hunting is increasing in popularity with women representing the fastest growing demographic.

Kendall is a “straight-laced” college cheerleader caught in the cross hairs of the animal rights industry to gin up moral outrage. The furor that HSUS, Born Free USA, IFAW and other anti-hunting advocates generated has resulted in threats of violence.

Last week an 11 year old boy and his family received death threats after the boy legally harvested an albino deer in Michigan.  Death threats against a child.

“Kill that f__king brat!” ~Ashley Adams, Facebook

“The little boy is being pilloried with hurtful language and even getting death threats…” ~Ruben Navarrette, CNN

Dog Fighters for Donation Dollars
In 2007 NFL quarterback Michael Vick was arrested as the kingpin of a vast dog fighting operation based out of southeast Virginia. Within 24 hours of the news breaking, HSUS rolled out a fundraising campaign inferring that HSUS was providing “care for the dogs seized.” Wayne Pacelle, HSUS CEO, later admitted to The New York Times that HSUS was not actually caring for the dogs.

Michael Vick and Wayne Pacelle team up in the wake of felony dog fighting conviction ~NBC News

Michael Vick and Wayne Pacelle team up in the wake of felony dog fighting conviction ~NBC News

After Vick’s release from his two-year prison sentence for the dog fighting conviction, Pacelle joined forces with the NFL quarterback and embarked on a public relations campaign to rehabilitate Vick’s image. Perhaps not coincidentally, HSUS received a $50,000 donation from the Philadelphia Eagles, Vick’s new team. The ideological contradictions in pursuit of donations were not lost on Pacelle’s usually adoring fans. Followers of HSUS refused to forgive Vick for torturing dogs and Pacelle was roundly criticized for his hypocrisy.

Everything to Everyone… And Ebola Too
Wading into the high profile issue of the illegal ivory trade, last year Pacelle was quoted as saying, “China is the world’s largest consumer of illegal ivory, and the U.S. is second…” This statement is patently false. The US is the second largest legal market NOT illegal; a major distinction (Martin and Stiles, 2008). According to the wildlife trade monitoring network TRAFFIC, Thailand is far and away the second largest market for illegal ivory behind China/Hong Kong. The fact is, all of the Asian countries have larger illegal markets for ivory than the U.S.

“The illegal proportion of it [U.S. ivory trade], however, is much smaller than any country in Asia and most countries in Africa. The USA ivory market poses a minimal threat to elephants…” ~Martin and Stiles, 2008

Last week both HSUS and IFAW  launched fundraising campaigns playing on the Ebola scare, implying some involvement in the fight against the impacts of the deadly disease. In a classic “bait and switch” strategy, HSUS’ financial commitment to help animals in the midst of the Ebola crisis in West Africa is 0.007% of its annual budget, a whopping $12,000.  The publicity HSUS will drum up with its dramatic blog posts of sad looking chimpanzees in Ebola-stricken Africa will quite likely generate many times that amount in donations from well-intentioned people who want to help.  The vast majority of donation dollars to HSUS find their way to fat pensions and slick lobbyists, not suffering animals.

Are these really the types of activities in which groups calling themselves animal charities should involve themselves? Are HSUS and company really charities, or are they professional lobbyists? The reality of this sordid intrigue is that these animal rights organizations are actively misleading donors into charitable donations, then using the money, not to “protect” animals, but diverting funds to pension funds, legislation, litigation and propaganda campaigns to institutionalize their radical ideology. HSUS and their ilk want to shut down farmers, zoos, circuses and hunting. This is the controversial manner in which they raise the money to do it.


© Andrew Wyatt and The Last Word, 2014. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Andrew Wyatt and The Last Word with appropriate and specific direction to the original content.

Animal Rights – Fundraising Wrongs ~ Part I

Images of abused or horribly disfigured animals have become the peta-porn of the animal rights industry

Images of abused, disfigured or dead animals termed “Peta-Porn” are a manipulative tool of the animal rights industry ~ PeTA Fundraising Graphic

A Shocking Deception

The trend of shock value advertising by animal rights organizations began with PeTA in the early 1980’s and their graphic photos of vivisection on monkeys. Since then, the animal rights industry has devolved from protecting animals into slickly managed, no-holds-barred, fundraising machines. The object of the exercise is not to help animal shelters and rescues that are desperate for resources, but rather an aggressive “bait and switch” diversion of donations to fat pension funds, legislation, litigation and propaganda targeting prohibitions against a broad spectrum of animal interests to which they are ideologically opposed, primarily food production, zoos, circuses and hunting. Meanwhile, the puppies and kittens whose images they peddle under the false pretenses of rescue seem a low priority consideration.

So called animal advocates seeking to escape the stigma associated with the term ‘animal rights’ have taken to calling themselves ‘animal protection’ groups. The names may be different, but the ideology is the same. These groups oppose all animals in captivity, hunting and/or any kind of animal use. This is the premise used to raise money from their fanatical base. However, these groups are now using graphic images of horrifically maimed, injured or dead animals in fundraising campaigns to appeal to the mainstream public. I call this strategy Peta-Porn, and its use is escalating, fueled by the power of social media. Painting with the broad brush of righteous indignation, they depict any kind of human-animal interaction as exploitation.

Americans love animals. They love their pets, and they love wildlife. Animal rights organizations, now pinning themselves with the moniker of “animal protection,” have learned that grotesque photos of abused animals (Peta-Porn) coupled with sensationalized often untrue stories, can open the flood gates for donations from the animal loving American public. Ed Sayres, the former CEO of the American Society for the Prevention of Cruelty to Animals (ASPCA) road on PeTA’s coat tails to justify his own $500,000-plus annual paycheck. Remember the horrible TV commercials with photos of tortured and disfigured dogs and cats (Peta-Porn) accompanied by sad music and an urgent plea for money? Now many animal rights groups appear to be emulating this model in aggressive TV, email and social media campaigns.

The animal rights appetite for this disgusting brand of porn seems to mirror the appetites of sexual pornography addicts. As the public becomes habituated to increasingly violent images of abused animals, the frequency and brutality of Peta-Porn continues to escalate. Everyone finds these images shocking. However, many become highly agitated and even violently angry after viewing Peta-Porn. The vitriol in comments on animal rights blogs and social media pages is full of threats and hatred. Peta-Porn is now a component of almost every social media newsfeed in the country. The trend and dark purpose is truly disturbing.

“A lie which is half a truth is ever the blackest of lies.” ~Alfred, Lord Tennyson

The Humane Society of the United States (HSUS), the largest animal rights organization in the world, spends less than 2% of it $165 million annual budget on animal shelters. They spend over $80 million annually impacting legislation and fundraising.

Organizations like HSUS, Born Free USA and the International Fund for Animal Welfare (IFAW) touting themselves as animal “protection” organizations, have cast their net wide to snare every high profile animal issue that grabs the headlines and turns American stomachs. They have been actively exploiting highly charged animal issues such as elephant poaching and dog fighting; and make no mistake, it has become a fundraising jackpot. They raise hundreds of millions of dollars, but often they use extremely deceptive marketing to reach their fundraising goals.

*When you see Peta-Porn on Facebook or Twitter ~ Tag It! ==> #PetaPorn


WyattP2

Andrew Wyatt is a government affairs consultant that works exclusively in the wildlife sector.

“Animal Rights and other wildlife issues are highly charged and contentious. I specialize in working with clients to employ campaign style tactics to change hearts and minds on vital issues in the wildlife sector. Please follow The Last Word for insight and analysis particular to the 21st century wildlife sector. If you would like to discuss the potential advantages of running a targeted issue campaign, and/or a comprehensive government affairs strategy, please call or email me.” ~ Andrew Wyatt


 

© Andrew Wyatt and The Last Word, 2014. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Andrew Wyatt and The Last Word with appropriate and specific direction to the original content.