Hi, Steve,
I will try to answer this although I find it a bit confusing. The DDAL
decision is now a matter of law. The interpretation of the AWA by Judge
Kollar-Kotelly is that hobby breeders do come under all such
legislation. I don't know why you believe that you are exempt here?
BECAUSE of this decision, ALL pending legislation which follows effects
us all. Although the DDAL decision is being taken up on appeal, it is
law until reversed (if reversed) on appeal. So, right
now........today......we all are subject to the AWA and any amendments
thereto.
Any time legislation attempts to micro manage things there are
problems. For instance, although the "three times and you're out"
proposal in this legislation sounds like it is a way to contol
conditions under which breeding is undertaken, it really strips the USDA
of its current ability to yank a license and immediately shut down an
operation when appalling conditions exist; giving the puppymills three
shots at improving. So, the USDA already has the power to take away
licenses; this confusing legislation is just another attempt by PETA,
DDAL and other AR groups to bolex up the works.
Most reputable breeders already hold themselves to higher standards
than are mandated by the current legislation. It is not needed, will
cloud the waters in terms of enforcement and burden an already heavily
burdened system with more beauracracy. If you study the APHIS
guidelines to which we are all now supposed to adhere, you will see that
almost every good breeder is out of compliance at the moment as a result
of the DDAL case. We keep dogs in our house, they get to play together
and are not kept in mathmatically correct outdoor kennels for the most
part. (Please go to http://www.akc.org and search for "DDAL" to see
the AKC's position on this matter).
The PPA does not give the USDA anything it doesn't already have in
terms of enforcement powers. HMMM...let's examine that "forced
socialization" bit. Perhaps you would like the USDA to tell you at what
age you are to "socialize" your puppies, where, when and exactly how?
Believe me, should the DDAL decision stand on appeal and you get that
visit from the USDA inspector, you will need to be prepared to explain
why you haven't built those mathmatically correct separate enclosures,
and why your records don't match the requirements. Now add the PPA and
you will be needing to explain why your six week old puppy wasn't
"properly socialized" in terms of what the USDA will propose. The USDA
is NOT driving this legislation, and I think they will be most unhappy
if it passes. In its wisdom, the USDA historically DID distinguish
between the hobby breeder and the commercial puppymill and got its hand
slapped in the DDAL case for so doing.
To summarize, law is made when a judge interprets legislation. Whether
or not you agree, DDAL now applies to hobby breeders and so will the PPA
if it is enacted. This is why so many of us are spinning our wheels
trying to undo the damage.
Suze
Steve Wallis wrote:
>
> Dear Suze:
>
> Many thanks for responding to my message regarding Katy Lam's original
> posting. I found your perspective informative and enlightening. In your post
> you indicated this is not a simple issue and I wholeheartedly agree. Listers
> interested in this thread should understand the implications of this
> legislation before they contact their legislators regarding these bills.
>
> My post to Katy regards the substance of the proposed Puppy Protection Act,
> and I stand by my summary of those bills. The DDAL decision you cite is
> interesting for several reasons, but I do not see how the finding of a US
> District Court judge in a suit regarding the USDA's interpretation of an
> administrative code regulation will mean these NEW bills will cause me or any
> other hobby breeder harm. The PPA would prohibit breeding a bitch who is
> too young, and prohibit breeding her too often (see my original post for the
> specifics), it also allows the USDA to propose regulations which would
> proscribe socialization for these dogs, and lastly would permit the
> revocation of the licenses of those businesses found to violate these new
> provisions. What the PPA does NOT do is subject me or any other hobby
> breeders to licensing or inspection regulations or requirements.
>
> I think you mean the DDAL decision, if it stands appeal, is what will cause
> me to have to be licensed and comply with the regulations. Although I
> disagree here, the matter is a totally different concern than those addressed
> by the PPA, and as such should not cloud listers' decisions to support/or not
> support the PPA.
>
> Any way, I take comfort knowing that regardless of the outcome of the USDA's
> appeal, our Judicial branch of government does not write our laws or
> regulations (Congress and by their delegation, the Executive branch, does
> this), that sufficient legislative history exists on the Animal Welfare Act
> to correctly interpret its drafters' original meaning, and that if any new
> regulations are proposed, the USDA is required to publicize them well in
> advance of adoption and to seek public comment.
>
> As to Listers' support/non support of the PPA, I would leave that up to the
> individual's interpretation. All I have meant to say in my posts is this: do
> your own homework, educate yourself on the proposals and the proponents, and
> then decide.
>
> Best Regards,
> Steve Wallis
>
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--
Suze at Llawen Cavaliers
"...I have seen that in any great undertaking it is not enough for a man
to depend simply upon himself." -Isna Ia-wica
"Thought comes before speech" Luther Standing Bear
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