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The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 168 of 3307/5/2010If you think Washington thinks for your industry, think again. Bring he who has risk inthe industry to speak for you; lawmakers will listen.Nils Beaumond, director of international relations, Interbev: The animal welfaremovement in the European Union is extremely strong, thanks to non-governmentalorganizations (NGOs). On the issue of transport, there have been directives regardingintervals for watering, feeding, density limits, lateral doors on trucks to accessanimals directly and restrictions on environmental parameters during transport (howhot or cold it can be). A new draft proposal reflects rising surveillance pressure,including a requirement for live positioning.Ed Pajor, associate professor, Purdue University : The 13 largest European retailersplan to increase regulations on animal welfare. Meanwhile, in the U.S., the privatesector is taking the lead, with guidelines driven by retailers/producers. The plethoraof programs is now becoming a problem, causing confusion.Kay Johnson Smith, executive vice president of the Animal Agriculture Alliance:Regulation will be the next step if producers don’t follow guidelines on their ownfarms. Don’t tell consumers what you want them to know – tell them about what theyare concerned about. Don’t do away with the discussion; take it over. Americans won’tput up with anything that seems anti-animal or anti-environment.Mitch Head, managing director, Golin Harris: There have been more state ballotinitiatives in this decade than in any other. The ballot initiative process has populistbeginnings, and the states that allow them are mostly in the West. Their attractions:They’re cheap to get on a ballot. You get to write the ballot language. They’resometimes called Superman laws because once passed by voters, they cannot betrumped by the state legislature. Courts are reluctant to intercede. Even if they lose,they get statewide attention. If agriculture allows animal rights groups to start stateinitiative process, they’ll end up playing defense. The Internet may have an effect;activists have learned to use the Internet better than industry has.Mike Opperman, public relations director, Charleston/Orwig: Modern agriculture isharder for consumers to understand and relate to. The industry tends to respond toemotional issues with science, but needs to speak to consumers’ hearts and heads.Source: Suzanne Bopphttp://www.cattlenetwork.com/Content.asp?ContentID=334003******************************************************************************************************You simply have to read this to appreciate it ! The response was brilliant !AN OLDIE, BUT ALWAYS A GOODIE - REVIVED BY DEAN AYERS !State Agency Complains Dam Beavers Unauthorized by Government on Private PropertyState Government Agency Files Complaint Against Property Owner for Unauthorized Dam Built By Wild BeaversSUBJECT: DEQ File No.97-59-0023; T11N; R10W, Sec. 20; Lycoming County, PennsylvaniaDear Mr. DeVries:It has come to the attention of the Pennsylvania Department of Environmental Quality that there has been recent unauthorized activity on the above referenced parcel ofproperty. You have been certified as the legal landowner and/or contractor who did the following unauthorized activity:Construction and maintenance of two wood debris dams across the outlet stream of Spring Pond.
The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 169 of 3307/5/2010A permit must be issued prior to the start of this type of activity. A review of the Department's files shows that no permits have been issued. Therefore, the Department hasdetermined that this activity is in violation of Part 301, Inland Lakes and Streams, of the Natural Resource and Environmental Protection Act, Act 451 of the Public Acts of 1994,being sections 324.30101 to 324.30113 of the Pennsylvania Compiled Laws, annotated.The Department has been informed that one or both of the dams partially failed during a recent rain event, causing debris and flooding at downstream locations. We find thatdams of this nature are inherently hazardous and cannot be permitted. The Department therefore orders you to cease and desist all activities at this location, and to restore thestream to a free-flow condition by removing all wood and brush forming the dams from the stream channel. All restoration work shall be completed no later than January 31,2009.Please notify this office when the restoration has been completed so that a follow-up site inspection may be scheduled by our staff. Failure to comply with this request or anyfurther unauthorized activity on the site may result in this case being referred for elevated enforcement action. We anticipate and would appreciate your full cooperation in thismatter. Please feel free to contact me at this office if you have any questions.Sincerely,David L. PriceDistrict Representative and Water Management Division.Here is an electronic copy of the actual response sent back by Mr. DeVries:Re: DEQ File No. 97-59-0023; T11N; R10W, Sec. 20; Lycoming CountyDear Mr. Price,Your certified letter dated 12/17/07 has been handed to me to respond to. I am the legal landowner but not the Contractor at 2088 Dagget Lane , Trout Run, Pennsylvania .A couple of beavers are in the (State unauthorized) process of constructing and maintaining two wood 'debris' dams across the outlet stream of my Spring Pond. While I did notpay for, authorize, nor supervise their dam project, I think they would be highly offended that you call their skillful use of natures building materials 'debris.'I would like to challenge your department to attempt to emulate their dam project any time and/or any place you choose. I believe I can safely state there is no way you couldever match their dam skills, their dam resourcefulness, their dam ingenuity, their dam persistence, their dam determination and/or their dam work ethic.These are the beavers/contractors you are seeking. As to your request, I do not think the beavers are aware that they must first fill out a dam permit prior to the start of thistype of dam activity.My first dam question to you is:(1) Are you trying to discriminate against my Spring Pond Beavers, or(2) do you require all beavers throughout this State to conform to said dam request?If you are not discriminating against these particular beavers, through the Freedom of Information Act, I request completed copies of all those other applicable beaver dampermits that have been issued.(Perhaps we will see if there really is a dam violation of Part 301, Inland Lakes and Streams, of the Natural Resource and Environmental Protection Act, Act 451 of the PublicActs of 1994, being sections 324.30101 to 324.30113 of the Pennsylvania Compiled Laws, annotated.)I have several concerns. My first concern is, aren't the beavers entitled to legal representation? The Spring Pond Beavers are financially destitute and are unable to pay for saidrepresentation -- so the State will have to provide them with a dam lawyer. The Department's dam concern that either one or both of the dams failed during a recent rainevent, causing flooding, is proof that this is a natural occurrence, which the Department is required to protect. In other words, we should leave the Spring Pond Beavers alonerather than harassing them and calling them dam names.If you want the stream 'restored' to a dam free-flow condition please contact the beavers -- but if you are going to arrest them, they obviously did not pay any attention toyour dam letter, they being unable to read English.In my humble opinion, the Spring Pond Beavers have a right to build their unauthorized dams as long as the sky is blue, the grass is green and water flows downstream. Theyhave more dam rights than I do to live and enjoy Spring Pond. If the Department of Natural Resources and Environmental Protection lives up to its name, it should protect thenatural resources (Beavers) and the environment (Beavers' Dams).So, as far as the beavers and I are concerned, this dam case can be referred for more elevated enforcement action right now. Why wait until 1/31/2009? The Spring PondBeavers may be under the dam ice then and there will be no way for you or your dam staff to contact/harass them.In conclusion, I would like to bring to your attention to a real environmental quality, health, problem in the area. It is the bears! Bears are actually defecating in our woods. Idefinitely believe you should be persecuting the defecating bears and leave the beavers alone. If you are going to investigate the beaver dam, watch your step! The bears arenot careful where they dump!Being unable to comply with your dam request, and being unable to contact you on your dam answering machine, I am sending this response to your dam office.THANK YOU,RYAN DEVRIES& THE DAM BEAVERS###AND NOW, ON TO OUR REGULARLY SCHEDULED REPORT !!!!!IN THE NEWS:7/29/09 - Banfield, The Pet Hospital, the nation's largest network of animal hospitals, has announced it will no longer do tail docking, ear cropping or devocalization on dogs. Headquarteredin Portland, Ore., Banfield is the nation's largest general veterinary practice, with more than 730 hospitals and 2,000 veterinarians nationwide. Devocalization, or de-barking, is a rareprocedure and has long been controversial. It involves the full or partial removal of a dog's vocal chords to keep it from barking. Tail docking and ear cropping, both quite common, havebecome more controversial over the past few years. Last year, the American Veterinary Medical Association passed a resolution opposing ear cropping and tail docking of dogs, "when donesolely for cosmetic purposes," and encouraging the elimination of ear cropping and tail docking from breed standards. Banfield has come out strongly against the procedures. "Afterthoughtful consideration and reviewing medical research, we have determined it is in the best interest of the pets we treat, as well as the overall practice, to discontinue performing these
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