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September 27, 2006
Mr. Bruce Knight
Under Secretary
Marketing and Regulatory Programs
United States Department of Agriculture
1400 Independence Ave. SW
Washington, D.C. 20250
Dear Under Secretary Knight,
We, the undersigned, understand that a proposal to amend the definition of soring contained in the Horse
Protection Act has been submitted for the Department’s consideration by Sens. Bill First and Saxby Chambliss.
We also understand that this proposal was received by Sen. First from the National Horse Protection Society,
a group formed in 2005 that purports to represent the Tennessee Walking Horse industry.
According to industry sources, this proposal was not presented to, discussed with, nor approved by many key
industry groups, including the breed registry, the Tennessee Walking Horse Breeders’ and Exhibitors’ Association.
Further, several of the Horse Industry Organizations that are certified by the USDA to inspect horses under the
Act were not involved in the development of this proposal, nor made aware of it in any way.
It is important to note that more than 90% of the Tennessee Walking Horses in the world are sound, flat shod,
pleasure type horses that are never ridden or shown on stacks of pads, or with chains on their pasterns. We
represent several national and regional groups of owners of such horses, and several other gaited horse breed
groups that are opposed to soring, with over 10,000 members and supporters.
The language proposed by the National Horse Protection Society would serve to weaken the protections to horses
provided for in the Horse Protection Act. The changes would, in fact, protect owners and trainers who perform
inhumane acts on their horses for unfair competitive advantage, by decriminalizing behavior that is currently
illegal under the Act. Whole classes of violations would be eliminated by these changes, and they would hamper
the Department’s efforts to detect and enforce violations as Congress originally intended.
We oppose the proposed language, and further, would like to address a situation which has been allowed to
continue in this industry for far too long. Historically, when USDA inspectors arrive at horse shows affiliated
with certain USDA-certified Horse Industry Organizations, the violation rate increases tenfold or more over the
violation rate that industry inspectors cite when the USDA is not present. These industry inspection programs
are not consistently doing their job – to find and penalize violations under the Act – unless USDA inspectors
are present to oversee them.
This is where the inconsistency in inspections is occurring in this industry. The USDA needs more support,
more staff and more funds in order to effectively enforce the Act and combat the problem of soring. The Act does
not need to be amended to weaken the protections that it provides for horses, and make the USDA’s enforcement
more difficult.
There has been much controversy and discrepancy this year related to the interpretation of the USDA’s Scar
Rule regulation. All scars, calluses and other tissue changes caused by a person, using chemicals, chains, or
other substances or devices, are indicative of soring. All of these tissue changes, when formed, would have
been caused by intentional repeated trauma, and accompanied by the presence of inflammation, manifested as pain,
swelling, redness, heat, loss of hair or loss of function. In other words, the horse was sore when the tissue
changes occurred.
The concept put forth by some in this industry that performance Tennessee Walking Horses are athletes and
therefore should be expected to develop “work” scars on their pasterns is preposterous. Horses do not walk on
their pasterns. Several other breeds use chains and other action devices in training and competition, but their
horses do not bear the telltale signs of soring abuse found on the Tennessee Walking Horse and related breeds.
Due to these facts, and the ongoing controversy and discrepancy over what is an acceptable “scar” and what is
not, we propose the prohibition of all pastern tissue changes indicative of soring. We ask that the Department
evaluate and comment on the following proposed regulatory language:
“Any horse born on or after January 1, 2007 that has on its pasterns bilateral scars, calluses or other
tissue changes indicative of soring (whether caused by chemicals, chains or other substances or devices) or any
attempts to mask or cosmetically/surgically alter such tissue, will be considered to be “sore”. All horses born
prior to January 1, 2007 are subject to those HPA Scar Rule regulations in place immediately prior to the
implementation of this rule on January 1, 2007.”
This change is necessary in order to protect horses from cruel and inhumane treatment, as the elimination of
all bilateral scars, calluses or other tissue changes indicative of soring will help ensure that horses are not
sored during the development of their gait.
We look forward to receiving your comments on this important issue in a timely manner.
The letter above was sent to several key USDA officials and U.S. Senators. It was signed by 26 gaited horse
groups from around the country. Today we heard that the letter was received, and is making an impact in Washington.
In addition, several of the humane groups that were copied on the letter have taken the initiative, on their own,
to draft another joint letter that will come from some of the major humane organizations in the country. This
letter will be delivered tomorrow.
PLEASE send emails or letters to these USDA officials and Senators in support of the joint gaited horse group
letter. Continued, persistent communication will send a strong, unified message for the humane treatment of our
horses. A sample letter follows, followed by email addresses.
Please also cross post this email to any list that supports the humane treatment of horses, and all animals.
Thank you - together, we truly can make a difference.
SAMPLE LETTER
Dear Under Secretary Knight,
I am writing to express my strong support for the letter regarding changes to the Horse Protection Act, sent
to you on September 27, 2006 from 26 gaited horse organizations from around the country. I oppose any changes
to the Horse Protection Act that would serve to weaken protections for the horse, or hamper USDA enforcement and
prosecution under the Act. I support full enforcement of the current Act, and support the changes proposed in
the above-mentioned letter which would improve protections to the horse by prohibiting all pastern tissue changes
indicative of soring.
Please give the letter your careful consideration and prompt attention.
Thank you,
Cc: Senator Bill First
Senator Saxby Chambliss
Senator Mitch McConnell
Secretary Mike Johanns
Dr. Ron DeHaven, USDA
Dr. Chester Gipson, USDA
EMAIL ADDRESSES OF PUBLIC OFFICIALS:
Under Secretary Bruce Knight: Bruce.Knight@usda.gov
Senator Bill First: Senator_First@First.senate.gov
Secretary Mike Johanns: Mike.Johanns@usda.gov
Dr. Ron DeHaven, USDA: Ron.DeHaven@usda.gov
Dr. Chester Gipson, USDA: Chester.A.Gipson@aphis.usda.gov
or copy and paste this list:
Bruce.Knight@usda.gov,Mike.Johanns@usda.gov,Senator_First@First.senate.gov,Ron.DeHaven@usda.gov,
Chester.A.Gipson@aphis.usda.gov
Also, go to
http://chambliss.senate.gov/public/index.cfm?FuseAction=ContactUs.ContactForm&CFID=14006233&CFTOKEN=43918282
and send the same message to Senator Saxby Chambliss
and http://www.mcconnell.senate.gov/contact_form.cfm
to send it to Senator Mitch McConnell.
To find addresses for your U.S. Senators and Representative, visit
www.congress.org and type your zip code into
the box on the left side of the home page (under “Write Your Officials”). |