Archive for April, 2007

The Law of Animals-Transporting Animals

I am not an attorney and as I lay person I cannot give legal advice but I will be doing a series called the The Legal Beagle based on the book The Law of Animals A Treatise on Property in Animals, Wild and Domestic and the Rights and Responsiblities Arising Therefrom, by John Ingham.

The Supreme Court took the ground that while a State may prevent persons or animals sufferring from a contagious or infectious disease from entering its borders, and, for that purpose, establish a reasonable quarantine and inspection laws, it may not interfere with transportation into or through the State beyond what is necessary for protection, or, under cover of exercising its police power, substantially prohibit or burden either intterstate or foreign commerce.

Gilmore v Hannibal & st. J.R. Co., 67 Mo 323

An interedsting foot note is found:

A law declaring it to be unlawful to bring a sheep into the State without having them dipped discriminates between persons who may desire to bring sheep into the State and those having sheep within the State, and is unconstitutional.

From the trenches,

Celeste

April 23, 2007 Posted Under Legal

Team Washington

Google: Team Washington. The NAIS shows up in some interesting places. This is from 2005:

National Animal Identification System –
A key tool for responding

WSDA is building the Washington portion of the National Animal Identification System (NAIS) to help Animal Health Officials respond to and manage animal health emergencies. The goal of the system is to be able to trace the history of where animals have been and to complete the tracing within 48 hours of a disease outbreak of other animal health emergency. The need to improve our ability to trace animal movement was clearly demonstrated during the December 2003 BSE “Mad Cow” incident.
The NAIS is being implemented in three phases: The first phase is Premise Registration. WSDA began premise registration in January 2005 and had received over 500 applications by March 31. A premise is a geographic location where animals are kept. The premise registration is assigned to the physical location and remains with that land regardless of who owns or operates on the land. At this time premise registration is voluntary. Eventually, WSDA will register up to 30,000 premises in the state of Washington.


The second phase is Animal Identification. Animal identification will begin in August/September 2005. Animals that are individually identified will be assigned a nationally unique 15 digit number, which is like a social security number for people. Official tags will have both visual and electronic components. Each species may have a different form of identification. Cattle will use radio-frequency identification tags (RFID) worn in the ear. The horse, sheep, goat, swine, and other species groups are still deciding how to identify their animals.


Animals that are raised and moved as groups may use a group identifier. The group identifier is a combination of the premise number and the date the group was formed. Most chickens and swine are expected to be identified as groups.
The third phase is Animal Movement Reporting. This phase is expected to begin in August/September of 2005, in conjunction with Animal Identification. When an animal or group of animals is moved from their home premise, the movement will be reported to the state database. A series of movements recorded in the database allows animal health officials to track that animal and all other animals that were commingled with the animal, and potentially exposed to a disease.


When all the pieces of the system and data are in place, animal health officials should not only be able to track the movement and possible exposure of animals, but may also be able to create maps for use in managing restricted movement areas or quarantines. Clusters of animal concentrations can be identified to target responses and prevention techniques. The data can be merged with public health and law enforcement data when needed.


Participation in the system is entirely voluntary at this time. USDA aims for mandatory reporting by 2009. Reactions to the system by producers vary considerably. The key issues in implementing the system include cost, confidentiality of data, and liability.


For more information, consult WSDA’s website or enmail Naishelp@agr.wa.gov Index
19
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National Animal Identification System –
A key tool for responding

WSDA is building the Washington portion of the National Animal
Identification System (NAIS) to help Animal Health Officials
respond to and manage animal health emergencies. The goal of
the system is to be able to trace the history of where animals have been and to complete the
tracing within 48 hours of a disease outbreak of other animal health emergency. The need to
improve our ability to trace animal movement was clearly demonstrated during the December
2003 BSE “Mad Cow” incident.
The NAIS is being implemented in three phases: The first phase is Premise Registration. WSDA
began premise registration in January 2005 and had received over 500 applications by March 31.
A premise is a geographic location where animals are kept. The premise registration is assigned
to the physical location and remains with that land regardless of who owns or operates on the
land. At this time premise registration is voluntary. Eventually, WSDA will register up to 30,000
premises in the state of Washington.
The second phase is Animal Identification. Animal identification will begin in August/September
2005. Animals that are individually identified will be assigned a nationally unique 15 digit number,
which is like a social security number for people. Official tags will have both visual and electronic
components. Each species may have a different form of identification. Cattle will use radio-
frequency identification tags (RFID) worn in the ear. The horse, sheep, goat, swine, and other
species groups are still deciding how to identify their animals.
Animals that are raised and moved as groups may use
a group identifier. The group identifier is a
combination of the premise number and the date the
group was formed. Most chickens and swine are
expected to be identified as groups.
The third phase is Animal Movement Reporting. This
phase is expected to begin in August/September of
2005, in conjunction with Animal Identification. When
an animal or group of animals is moved from their
home premise, the movement will be reported to the
state database. A series of movements recorded in the database allows animal health officials to
April 21, 2007 Posted Under WSDA

‘We the People’ Radio This Morning! 7-9 AM

This morn ing I will be a guest on the radio show of one of my favorite people, Katherine Albrecht, of Spychips fame. Here is the show info for you early birds:

“Uncovering the Truth”
We the People Radio Network, M-F 10AM-12PM EST http://www.wtprn.com

From the trenches,

Celeste

April 19, 2007 Posted Under Media

NAIS ALERT-Hearing!

The 3033 Cattle Advisory Board is meeting in Moses Lake, April 26-27, Shiloh Inn. The public may comment and be present.

NAIS in Washington

Grab a buddy and show up for this hearing. If you do not have PDF please let me know and I will send you a Word doc.

From the trenches,

Celeste

April 17, 2007 Posted Under Upcoming Events, WSDA

New 2 Ewe-Interactive Calendar

Snohomish-This morning we inaugurated a new tool for you to use. Notice the calendar over to the right. When you move the mouse cursor over the dates if there is a meeting or something important to note for that particular date a memo popup with information will appear. You might be familiar with this tool on other sites but this is new to nonaiswa.org this week. Information must be input into post creation to be able to accomplish this interactive calendar. I hope this will be a valuable asset for you as we proceed on our NoNAISWA journey.

For practice: go to May and check out the dates. And if something doesn’t work right, please let me know.

 

From the trenches,

Celeste

April 17, 2007 Posted Under Uncategorized

Got Rules?

You like rules? WSDA has rules… WSDA has been very busy doing their regulatory work. Make your comments known.

Intrastate Animal Movement

 

http://agr.wa.gov/LawsRules/Rulemaking/FSAHCS/docs/CR101IntrastateLivestockMovement.pdf

Make your comments known.

Animal Disease

Sheep and Goat Scrapie Disease Control

Chapter 16-89 WAC

Reasons why rules on this subject may be needed and what they might accomplish: Amending the current rules will correct references to federal documents such as the Uniform Methods and Rules, will bring the rules up-to-date regarding disease-related practices and requirements, and will put the rules in a clear and usable format that will make them easier to understand and interpret.

Comments Due: TBD Adopted TBD Effective TBD


Documents:

Reasons why rules on this subject may be needed and what they might accomplish: Chapter 16-86 contains incorrect references to the Uniform Methods and Rules.

Amending the current rules will correct those references, will put the rules in a clear and usable format that will make them easier to understand and interpret.

Comments Due: TBD Adopted TBD Effective TBD


Documents:

 

From the trenches,

Celeste

April 17, 2007 Posted Under WSDA

Do ‘We the People’ have a Voice?

(I am testing a new function on the website so if this does not do what it is supposed to I am letting our webmaster see what is going on)

Or, does the agency rule?

Here is the letter from WSDA that went out to interested parties……

WSDA Rules PDA Response

So May 1 the Disposal of Dead Livestock and the Animal Disease Reporting go into effect.

From the trenches,

Celeste

April 16, 2007 Posted Under Uncategorized, Upcoming Events, WSDA

Snohomish County Meeting Tonight

Upcoming Public Meetings

§ Reminder: Join County Executive Aaron Reardon and PDS Director Craig Ladiser for a Public Meeting TONIGHT (Wednesday, April 11) from 7:00 – 8:30 p.m. to learn about a major update to the County’s Unified Development Code. Find out how you can be involved in the process, offer ideas for improving development, and meet the people who will lead this important project.

§ First Thursday Monthly Forums: Thursday, May 3, 9 a.m. and 6 p.m. – Discussion of potential UDC changes related to (1) Urban Centers Standards and Zoning, and (2) National Pollutant Discharge Elimination System (NPDES) Permit Requirements. The first Thursday monthly forums are offered in the morning and evening to ensure as much public participation as possible

Both meetings will be held at the Snohomish County Campus, East Administration Building, Public Meeting Room 1, 3000 Rockefeller Avenue, Everett.

From the trenches,

Celeste

April 11, 2007 Posted Under Upcoming Events

Two Representatives of Valor

Olympia-In response to asking the question, “Why did you vote for 5204?” two Representatives have changed their vote. This will not reflect until sometime down the road but their votes will be made part of the permanent record. The two courageous Representatives are Representative Kirk Pearson and Representative Dan Kristiansen.

These two Representatives should be commended for correcting their vote to align with the Constitution and what they know to be truth about 5204.

Will their changed vote affect the outcome of the vote of the House? No. But their vote of opposition to 5204 will go down in perpetuity and show that 5204 was not a unanimous vote of confidence for the WSDA animal police powers mandate.

Contact your Representative and see if he or she will join the Representatives of Valor. The WSDA launched an aggressive misinformation campaign to sway our Representatives vote utilizing WSDA staff and paid lobbyist contactors. Being the target of the *WSDA/USDA misinformation machine* we can certainly appreciate walking in those shoes. Which one of us has not fallen for one of their ploys at one time or another?

Let’s give grace and forgiveness to these Representatives and take this change of vote as a sign that there is indeed hope to be found in Olympia, WA and our representation.

From the trenches,

Celeste

April 11, 2007 Posted Under Legislative Issues

Oops-Alaska Uses the Mandatory Word

This letter was sent to a NoNAIS’er in Alaska:

Dear Mrs. Atkins:

Thank you for writing Governor Palin regarding the efforts of the United States Department of Agriculture (USDA) to implement a National Animal Identification System (NAIS). The Governor asked me to write back to you.

I certainly understand your concerns. The state veterinarian, Dr. Bob Gerlach, has been working with the USDA, the Alaska Farm Bureau, and livestock producers in the state to ensure that implementation of the NAIS in Alaska accomplishes the benefits of effective response to animal diseases without unduly burdening animal owners.

As you point out, the NAIS, is, at least currently, voluntary. Looking first at the premise registration aspect of the program, the voluntary premise registration program currently in effect in Alaska serves a key purpose. Many national and international markets only accept animals and animal products with tracking information, such as premise registration information, in addition to animal and product identification. Locally, some agricultural fairs and events are also requiring that participating animals come from premises with registration numbers. Without the voluntary premise registration program, Alaska animal owners would not be able to sell their products in national and international markets or participate in local fairs and events. For those reasons, it seems we need a voluntary premise registration program.

As for the animal identification and tracking elements of the NAIS, some forms of mandatory animal tracking already exist in Alaska, with good reason. As part of the Chronic Wasting Disease monitoring program, the movement of all elk brought into the state is closely monitored. If an infected animal were to introduce Chronic Wasting Disease to Alaska’s ungulate population, the consequences could well be disastrous. For that reason, any owner of elk has an identification number for all animals and reports there movements. In cases like these, Alaska needs the ability to implement mandatory animal identification and tracking systems.

It seems that the best thing for Alaska would not necessarily be legislation banning implementation of the NAIS, but to fashion implementation of the NAIS in Alaska in a manner that addresses critical needs, but avoids the intrusive and burdensome effects on particularly small scale animal owners described in your letter. Non-critical aspects of the program should remain voluntary. We certainly have no interest in seeing government bureaucracy needlessly infringe on private property and privacy rights.

I hope this helps to explain our thinking and direction, and makes sense to you. Please continue to speak out and let us know how we are doing on this and any other topic of importance to you. Thanks again for writing.

Sincerely,

Joe Balash
Special Staff Assistance

cc: Larry Hartig, Commisioner, DEC
Bob Gerlach, DVM, State Veterinarian

April 11, 2007 Posted Under Uncategorized