American Horse Council

1616 H Street NW 7th Floor . Washington DC 20006 . 202-296-4031 . Fax 202-296-1970
Email: AHC@horsecouncil.org . Web Address: www.horsecouncil.org

The AHC Needs Your 2010 Van Ness Award Nomonations

Attached to this email is the nomination form for the 2010 Van Ness Award, given in honor and memory of Marjorie Van Ness of New Jersey, a long-time leader and friend to the entire horse industry. This award is presented to an individual that best emulates the dedication and commitment of Marge Van Ness to the improvement of the horse industry at the state level.

We are asking that your state horse council nominate the person they feel is the most deserving of this prestigious award for 2010. Completed nomination forms, along with the necessary attachments, must be received by May 10, 2010. As in the past, the Van Ness Award will be presented during AHC’s convention in Washington, June 20-23.

Past winners have been Richard Woolam of Connecticut, Glenn T. Petty of North Carolina, the Indiana Horse Council, Bobbi Lipka of New York, Lt. Col. James Marsh of New Jersey, Ruby Holmquist of Illinois, Jim Real of California, Connie Diedrichs-Kimbrel of Colorado, Valerie Cole of New Mexico, Lisa Derby Oden of New Hampshire, Robert Mowrey of North Carolina, Karyn Malinowski of New Jersey, Jerry Walker of Indiana, Diane Jones of New York, Neil Shaw of Ohio, David Petrie of Wisconsin, Glen Eaton of Minnesota, Jane Gilbert of New Jersey, Eldon G. Reyer of New Mexico and Sally Blount of Iowa.

Don’t hesitate to contact AHC if you have any questions or need further information.

Save The Date - American Horse Council’s 2010 National Issues Forum and “Ride-In”

AT THE HYATT REGENCY ON CAPITOL HILL FROM JUNE 20 - JUNE 22, 2010

Visit the AHC Events Page for More Details

As the national association representing all segments of the horse industry in Washington, DC, the American Horse Council works daily to represent _your_ equine interests and opportunities.

AHC National Issues Forum to Focus on Emerging Diseases

The theme of this year’s American Horse Council National Issues Forum is “Emerging Diseases: a Challenge to the Industry.” This forum, which will be co-hosted by the U.S. Department of Agriculture, Animal and Plant Health Inspection Service (USDA-APHIS), and the AHC will be held June 21 and 22 in Washington, DC as part of the AHC’s annual meeting. The annual meeting will run from June 20 to 23 and also include a Trails Forum, the annual Congressional Ride-In, AHC committee meetings, and a Congressional Reception. READ MORE

NOTICE - All AHC News and Tax Bulletins Will Be Sent Via Email Starting June 1, 2010

In an effort to be more environmentally responsible, the AHC will be changing all printed publications to email format. At the urging of many of our members, we will be sending the AHC News and Tax Bulletin via email, rather than by postal mail. This change will allow the AHC to spend less money on paper and postage, and put your membership dollars to hard work on the Hill. READ MORE

AHC’s Welfare Code of Practice Continues to Garner Support

The AHC’s National Welfare Code of Practice continues to garner support from the horse community. The Welfare Code outlines in generic terms what it means for an organization to be committed to the responsible breeding, training, care, use, enjoyment, transport, and retirement of horses. Many associations have undertaken studies, reviews, and initiatives that show their commitment to the welfare of their horses. This generic code is simply a continuation of that effort. READ MORE

AHC invited to participate in White House Conference on America’s Great Outdoors

The American Horse Council has been invited to participate in the White House Conference on America’s Great Outdoors. This exciting event will take place on April 16, and will be led by Nancy Sutley, Chair of the White House Council on Environmental Quality, Ken Salazar, Secretary of the Interior, and Tom Vilsack, Secretary of Agriculture. READ MORE

Recreational Trails Program Extended through 2010

In March Congress passed the Jobs for Main Street Act of 2010, which included an extension of the current highway bill and Recreational Trails Program until the end of the year.

Every several years Congress passes a multi-year national surface transportation bill. This bill funds transportation projects and programs such as the Recreational Trails Program (RTP) which provides money for state and local trail projects. READ MORE

Nutrena Joins the UHC

The Unwanted Horse Coalition (UHC) welcomes Cargill, and its Nutrena branded horse feeds, as a new member. The company joins the UHC and its efforts to educate horse owners about proper health and care of their animals. READ MORE

UHC Concludes Equine Care Facilities Survey

After seven weeks of surveying rescue, adoption, rehabilitation, and retirement facilities, the Unwanted Horse Coalition (UHC) has concluded its 2010 Equine Care Facilities Survey. The intent of the survey was to find out what these organizations might need to thrive in today’s economy, while the number of unwanted horses is on the rise. READ MORE

Intervet Schering-Plough Animal Health Joins the UHC

The Unwanted Horse Coalition (UHC) announces their newest member, Intervet Schering Plough Animal Health (ISPAH), one of the country’s largest animal health companies. READ MORE

New “Members Only” Page on AHC Website

The American Horse Council’s “Members Only” page is live and available to all AHC members at the Congressional level ($100) and above, and to all designated employees of AHC member organizations. READ MORE

Congress Busy with Tax Provisions Affecting Horses

After several starts and stops, Congress passed and the President signed into law a “mini” jobs bill before leaving for the Easter break. The Hiring Incentives to Restore Employment Act (HIRE Act) is designed to stimulate the economy and includes an extension of the small business expensing allowance through 2010. The extension of the increased expensing allowance will benefit the horse industry. READ MORE

AHC Names New Director of Health & Regulatory Affairs

Dudley Hoskins joined the American Horse Council in December 2009 as Director of Health & Regulatory Affairs. READ MORE

Update on Animal Identification

In February 2010, Agriculture Secretary Tom Vilsack announced the U.S. Department of Agriculture (USDA) was revising its proposed National Animal Identification System (NAIS) and implementing a new Animal Disease Traceability Program (ADTP). This announcement followed the USDA’s national listening tour which prompted USDA to offer this revamped approach to the former NAIS program. READ MORE

Animal Welfare Council Joins UHC

The Unwanted Horse Coalition (UHC) announces the addition of another new member, The Animal Welfare Council (AWC). READ MORE

AHC Participates in White House Conference on America’s Great Outdoors

On April 16, the American Horse Council’s Legislative Director Ben Pendergrass participated in the White House Conference on America’s Great Outdoors held at the US Department of the Interior.

The conference focused on the “challenges, opportunities and innovations surrounding modern-day land conservation and the importance of reconnecting Americans and American families to the outdoors.” Conservation and outdoor recreation leaders from around the country were invited to attend the conference.

President Obama delivered remarks to the conference and signed a Presidential Memorandum establishing the America’s Great Outdoors Initiative. The goals of the Initiative will be to: (1) Reconnect Americans with the outdoors by promoting community based recreation and conservation, advance job and volunteer opportunities related to conservation and recreation, as well as educate individuals in American’s history, culture, and natural beauty; (2) Build upon State, local, private and tribal priorities for the conservation of land, water, wildlife, historic and cultural resources; (3) Use Science-based management practices to restore and protect America’s lands and waters.

Ken Salazar, Secretary of the Interior, Tom Vilsack, Secretary of Agriculture, Lisa Jackson, Administrator of the Environmental Protection Agency, and Nancy Sutley, Chair of the White House Council on Environmental Quality spoke at the conference and will lead this Initiative.

The first half of the conference included remarks from the President and the leaders of the Initiative and two panel discussions. The first panel discussion focused on the importance of America’s private working lands like farms, ranches and working forest. The second panel topic was conserving and connecting Americans with the country’s public lands.

Smaller breakout sessions with senior administration officials were held the rest of the day to give individual attendees an opportunity to discuses their view points on conservation and outdoor recreation.

The breakout sessions gave the AHC an opportunity to remind the Administration and other attendees that the conservation and management of America’s public and private lands is extremely important to the millions of equestrians throughout the country. The AHC also pointed out that recreational riders in particular are dependent on access to public lands and without private land to breed, raise, and feed its horses the equestrian community could not exist.

As part of the initiative the Administration and federal agencies involved will hold listening sessions around the county with tribal leaders, farmers, and ranchers, sportsmen, community park groups, foresters, youth groups, businesspeople, educators State and local governments and recreational and conservation groups. These sessions in conjunction with continued discussions with attendees of the conference and a report due in November will be used to craft future policy to achieve the goals of the Initiative.

If you have any question please contact the AHC.

Congress Continues $250,000 Expense Allowance Through 2010

By: Thomas A. Davis, Esq., Davis & Harman LLP, Washington, D.C.

Just before leaving for the Easter break, Congress passed and the President signed into law a continuation of the more generous expensing allowance which was in effect in 2009 through 2010. This means that $250,000 of the total cost of horses and other depreciable property placed in service in 2010 can be deducted this year, subject to a phase-out when total purchases of depreciable property exceed $800,000. This was the amount allowed in 2009, but the provision had expired at the end of 2009 and the allowance reverted back to $125,000 with a phase-out threshold of $500,000. Next year the expense allowance is scheduled to go down to $25,000 with a phase-out threshold of $200,000 unless Congress acts to increase the allowance. READ FULL ARTICLE

Finally – The Service Capitulates In Its Efforts To Limit The Ability Of LLC Members To Satisfy The Material Participation Rules

By: Douglas P. Romaine

Introduction - In an Action on Decision Memorandum released March 9, 2010 and scheduled to be published in Internal Revenue Bulletin 2010-14, dated April 4, 2010, the Internal Revenue Service (“IRS”) announced its acquiescence to the Federal Court of Claims decision in Thompson v. U.S., 87 Fed. Cl. 728 (Fed. Cl. 2009), concluding that limited liability company (“LLC”) interests are not “limited partnership interests” for purposes of application of the passive activity loss rules of Section 469. This acquiescence, which was in result only, represents the abandonment by the IRS of a litigating position designed to thwart members of a LLC from satisfying the material participation rules of Section 469. Tax practitioners had long questioned the soundness of such a position especially in light of the lack of success which the Service met in the courts. READ FULL ARTICLE

The Tax Bulletin is now Available on AHC’s “Members Only” page

The “Members Only” page will include current AHC Newsletters, Washington Updates, and an electronic version of the Horse Industry Directory. The AHC’s bi-monthly Tax Bulletin, which reports on court cases, legislation, and IRS regulations that affect tax payers in the horse business, will also be in the “Members Only” section. An added bonus to the “Members Only” page is an archived bank of past Tax Bulletins that have years of articles pertaining to tax cases and rulings involving the horse industry, plus years of articles about the horse business written by lawyers and accountants specializing in equine taxes. READ FULL ARTICLE

2010 Horse Owners And Breeders Tax Handbook Coming Soon!

The 2006 Horse Owners And Breeders Tax Handbook has sold out. The 2010 Edition of the Horse Owners And Breeders Tax Handbook will be available in the coming months. If you would like a copy (or copies) held for you, please send your name, phone, email, and number of copies desired via email to ahc@horsecouncil.org.

AHC National Issues Forum to Focus on Emerging Diseases

The American Horse Council has announced that the theme for this year’s National Issues Forum is “Emerging Diseases: a Challenge to the Industry.” This forum, which will be co-hosted by the U.S. Department of Agriculture, Animal and Plant Health Inspection Service (USDA-APHIS), and the AHC, will be held June 21 and 22 in Washington, DC as part of the AHC’s annual meeting. The annual meeting will run from June 20 to 23 and also include a Trails Forum, the annual Congressional Ride-In, AHC committee meetings, and a Congressional Reception.

The emergence of a major equine disease can have dramatic consequences for the horse industry. Such outbreaks have occurred with some frequency over the last several years, most recently involving Contagious Equine Metritis in 2008 and Equine Piroplasmosis in 2009. These outbreaks have affected the interstate and international movement of horses, which is critical to the horse industry. When barriers to movement are raised by states and foreign countries concerned about the spread of infectious diseases, this affects sales, breeding, racing, competitions and recreation.

These outbreaks have caused USDA-APHIS and state authorities to spend a great deal of money and resources to identify the diseases, trace the horses potentially affected, and contain the outbreak.

The highlight of this year’s forum will be a USDA-AHC hosted workshop that will provide an opportunity for the horse industry, key federal and state authorities, and others to discuss how each sector can ensure the health of our horses and the commercial health of the industry in the face of emerging and re-emerging diseases.

Major national organizations will be invited to meet on the afternoon of June 21 with USDA-APHIS representatives and state authorities to discuss a coordinated approach to the handling of serious infectious equine diseases. The goal is to allow each to share their perspectives and identify priority issues related to the control of diseases.

On the morning of June 22 there will be an open session that will include presentations by USDA-APHIS regarding their response to different types of equine infectious diseases and a summary of the issues identified the previous day.

The AHC expects that this meeting will benefit both the equine industry and USDA in shaping how important equine infectious diseases are addressed in the U. S. in the future.

In conjunction with the AHC annual meeting, the AHC will also hold its first annual Recreation Forum. The recreation forum will highlight issues important to the recreational riding community. It will feature panels on building relationships with land mangers and working with other recreational users. The forum will also include presentations by national equestrian organizations on a range of recreational topics. A full agenda will be released in the coming weeks.

The AHC encourages all interested recreational organizations and riders to attend. The cost for individuals interested in attending the recreation forum only will be $25.

The annual Congressional Ride-In will also occur during the AHC’s annual meeting. The Ride-In allows members of the horse community to meet with their federal officials to discuss important issues affecting them. All members of the horse community are encouraged to participate.

There are many federal issues that Congress deals with that impact the horse industry, including taxes, gambling, immigration, welfare, access to trails and public lands, diseases, and interstate and international movement of horses. This is an opportunity for horse owners and members of the industry to come to Washington and meet with their Representatives, Senators and their staffs.

The AHC will conduct a free legislative briefing for participants on Tuesday afternoon, June 22, at 12:30 at the Hyatt Regency Washington on Capitol Hill.

Anyone wishing to participate in the Ride-In should contact AHC Legislative Director Ben Pendergrass at bpendergrass@horsecouncil.org or 202-296-4031.

More information on these Forums and the entire AHC annual meeting, including registration and hotel information, can be found on the AHC’s website, www.horsecouncil.org or by contacting the AHC.

Rules Relating to NAIS on Hold

New Animal Disease Traceability Program

On March 18th and 19th, USDA-APHIS (United States Department of Agriculture – Animal and Plant Health Inspection Service) held a Forum on Animal Disease Traceability with State and Tribal animal health officials to discuss the new framework for animal disease traceability. Approximately 120 State and Tribal representatives attended the forum.

During these discussions, USDA announced the State and Tribe Working Group (STWG) will provide input on the traceability performance standards, protocols for evaluating tracing capability, and compliance factors.

USDA also stated it will publish a new animal disease traceability section in the Code of Federal Regulations (CFR), which will only apply to interstate movement of livestock. Within the regulatory changes, USDA plans to consolidate ID regulations for disease programs under the new traceability section, define traceability performance standards, and require official ID for livestock in interstate movement.

The STWG is scheduled to complete the content of the proposed rule in June 2010, and USDA plans to publish the proposed rule next winter. There will be a 90-day public comment period, and the final rule is anticipated to be signed and published during the second quarter of 2011. A compliance date to allow States, Tribes, and producers time to comply could be set some period (six to twelve months) after the final rule is published in the Federal Register.

All of the above information and additional documentation relating to the discussions and materials from the Forum on Animal Disease are posted on the USDA-APHIS website (http://www.aphis.usda.gov/traceability/forum/index.shtml).

The level of involvement and the implications for the equine industry are difficult to determine at this point in the process. It should be noted that the focus of the discussions regarding the new framework for animal disease traceability centered on food livestock, and there was no specific breakout discussions on the equine industry.

The ESWG (Equine Species Working Group) submitted recommendations in 2006 pertaining to the former NAIS (National Animal Identification System) program, and those recommendations remain in effect pending any further developments on the new Animal Disease Traceability Program.

We will continue to follow any and all developments on the new Animal Disease Traceability Program, and we will continue to evaluate its costs and benefits to the equine industry as more information comes available.

Benefits For Horse Industry In “mini” Jobs Bill Just Passed

Congress has passed a second jobs bill, the Hiring Incentives to Restore Employment Act (HIRE Act), which includes an extension of the expensing allowance through 2010 and other provisions to stimulate employment. President Obama is expected to sign it as soon as he receives it.

Last year Congress passed the Stimulus Bill that included bigger write-offs for horses and other property purchased and placed in service during 2009. But these provisions expired at the end of 2009. The new HIRE Act extends one of the benefits, the so-called Section 179 expense deduction for assets, including horses, purchased and placed in service through 2010. The bill does not extend bonus depreciation, which expired at the end of 2009.

The HIRE Act also includes a few other provisions that may impact horse owners.

Expensing Allowance

The Section 179 expense deduction allows an owner who purchases a horse or other business property and places it in service in 2010 to expense up to $250,000 of the cost. This applies to horses, farm equipment and any depreciable property used in a business. Once total purchases of horses and other eligible property reach $800,000, the expense allowance goes down one dollar for each dollar spent over $800,000.

To illustrate the expensing allowance, assume a horse business purchases $750,000 of depreciable property in 2010, including $650,000 for horses. That business can write off $250,000 on its 2009 tax return and depreciate the balance. If instead, purchases were $900,000, the expense allowance would go down by $100,000.

This provision would benefit any business involved in the horse industry that purchases and places depreciable property in service in 2010.

Other Provisions

The new legislation also includes provisions to forgive payroll taxes for hiring unemployed workers and gives a business tax credit of $1,000 for every new employee retained for 52 weeks to be taken on the employer’s 2011 tax return. These provisions are designed to boost employment.

AHC Releases Report On Equestrian Access

On March 9, 2010, the American Horse Council released its 2009 Report on Equestrian Access on Federal Land. The 2009 report is intended to provide a brief overview of the responses the AHC received from equestrians to its ongoing access survey in 2009. The report can be viewed and downloaded here.

In July of 2009 the American Horse Council launched an effort to collect information regarding equestrian access issues on federal lands. This effort was prompted by a growing concern among recreational riders around the country that they were seeing a reduction in the number of trails and trail heads open to equestrians on federal land.

The center piece of this effort has been an AHC online form riders can use to report their personal experiences regarding trails on federal lands that have been closed to them or other access issues. This online form is located here.

Hundreds of thousands of Americans use horses and pack stock to enjoy America’s great outdoors each year. However, it is an experience that cannot be enjoyed without access to public land, trail systems, and trailheads.

The AHC will use this report to illustrate some of the challenges facing recreational riders to Congress and the federal agencies. This report will be an important tool in the fight to ensure equestrians continue to have recreational opportunities on federal land.

The AHC asks all recreational riders to visit the AHC website and continue to report any access issues they have had using this electronic form.

Nominations Sought For The Coalition For Recreational Trail’s Achievement Awards

The Coalition for Recreational Trails (CRT) is a group of national and regional trail-related organizations dedicated to preserving and supporting the Federal Highway Administration’s Recreational Trails Program. The AHC is a member of the CRT.

The CRT is currently seeking nominations for its 2009 achievement awards to recognize outstanding trail projects funded by the national Recreational Trails Program (RTP). These awards are intended to highlight the positive impact of the RTP. All nominated projects must have been undertaken with at least some RTP funds. The awards will be presented in Washington, D.C. during Great Outdoors Week 2010 (June 7-13).

Please note that the deadline for nominations is April 16, 2010.

The AHC would like a good showing for projects involving equestrian use. So please submit any nominations by the April 16, deadline.

If you have any questions, please contact Ben Pendergrass at (202) 296-4031 or bpendergrass@horsecouncil.org.

Nomination Form

Request for Nominations

2010 Van Ness Award Nominations

Don’t hesitate to contact AHC if you have any questions or need further information.

Van Ness Award Nomination Form

USDA Announces New Framework for Animal Disease Traceability

Agriculture Secretary Tom Vilsack has announced that the U.S. Department of Agriculture (USDA) will revise its proposed National Animal Identification System (NAIS), in effect starting over in the planning process. This announcement follows the USDA’s national listening tour which prompted USDA to offer this new approach.

USDA appears to be scaling back its approach, but the Department is just at the beginning of the new process. Rather than attempting to identify every animal, every premise and every animal movement to achieve traceback within 48 hours of a disease outbreak, the new USDA approach appears to be aimed at designing a simpler program to achieve basic traceability with simpler identification means, including branding, to respond to a disease outbreak.

The NAIS was not fully embraced by the livestock community (the USDA spent $120 million on NAIS with only 36% of producer participation) and generated numerous concerns surrounding confidentiality, liability, cost, privacy, and religion. In response to these concerns, the new USDA program will narrow its approach. The USDA stated the new animal disease traceability program will:

Only apply to animals involved in interstate commerce;
Be administered by the States and Tribal Nations, with Federal support, to provide more flexibility;
Allow for maximum flexibility for States, Tribal Nations, and producers to find identification solutions that meet their needs;
Encourage the use of lower-cost technology;
Ensure traceability data is owned and maintained by the States and Tribal Nations; and
Be implemented through federal regulations and the full rulemaking process.

In response to the suggestions and criticisms voiced by many in the livestock community, the USDA will modify the prior animal identification program to achieve animal disease traceback.

First, the USDA will convene a forum with animal health leaders from States, Tribal Nations, and producer groups to discuss how best to achieve a coordinated approach to animal disease traceability. The USDA has scheduled an initial meeting with State and Tribal animal health officials next month (March 18th and 19th) in Kansas City, MO. Also, the USDA has directed the Secretary’s Advisory Committee on Animal Health to concentrate on specific issues, such as confidentiality and liability.

USDA indicated it will share the costs of the new program with States. The Department expects to publish a new animal disease traceability section in its regulations in about one year.

Please see the below sites for additional information on the USDA Framework for Animal Disease Traceability and Questions & Answers regarding the new framework. We will provide further information once it becomes available.

NEW FRAMEWORK FOR ANIMAL DISEASE TRACEABILITY:
www.aphis.usda.gov/traceability/

QUESTIONS & ANSWERS: NEW ANIMAL DISEASE TRACEABILITY FRAMEWORK: www.aphis.usda.gov/publications/animal_health/content/printable_version/faq_traceability.pdf

Tax Provisions to be Considered in Early 2010

As Congress starts the second session of the 111th Congress, taxes will be on the front burner. READ MORE

Immigration Reform in 2010

The Obama Administration has stated that immigration reform is one of its top legislative priorities for 2010. In preparation for the expected debate on immigration Representatives Solomon Ortiz (D-TX) and Luis Gutierrez (D-IL) introduced the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR ASAP) (H.R.4321) in December. READ MORE

UHC Seeks to Document Needs of Equine Care Facilities

The Unwanted Horse Coalition (UHC) has released an online survey intended for horse rescue, retirement, adoption, and rehabilitation facilities. The UHC hopes to find out what these organizations need to survive in today's economy in an attempt to better assist them with the growing number of unwanted horses. READ MORE

New "Caregiver's Guide to Rehabilitating the Neglected Horse" is Now Available

The American Horse Council is pleased to announce the availability of a new brochure, done in partnership with AHC sponsors Nutrena, Intervet/ Schering-Plough Animal Health, and the American Farrier's Association.
READ MORE and Go to Brochure

Equine Piroplasmosis Update

In October 2009, the Texas Animal Health Commission (TAHC) quarantined a ranch in Kleberg County Texas after a 7-year-old Quarter Horse mare tested positive for Equine Piroplasmosis (EP). Immediately following the quarantine, the United States Department of Agriculture, Animal and Plant Health Inspection Service (USDA-APHIS) and the TAHC initiated a foreign animal disease investigation. READ MORE

Compliance with Internet Gambling Regulations Delayed

The Department of Treasury and Federal Reserve Board have delayed compliance with the regulations adopted under the Unlawful Internet Gambling Enforcement Act (UIGEA) for six months until June 1, 2010. In announcing the delay the agencies said that it was to give financial institutions additional time to comply with the rules, which are intended to guide banks, credit card companies and other payment systems on the requirements of the Act and how to comply by blocking payments made in connection with unlawful Internet gambling. READ MORE

Unwanted Horse Coalition Releases Best Practices Handbook

The Unwanted Horse Coalition (UHC) has published a handbook entitled Best Practices: How Your Organization Can Help Unwanted Horses. The handbook is part of the UHC's continuing effort to get the horse community more involved in solving the problem of unwanted horses. If the horse community is to succeed in lessening the problem of unwanted horses, more organizations and more events, large and small, regardless of their breed or discipline, must institute activities and programs to deal with their horses after their active lives are over or when their owners are no longer able to care for them. READ MORE and Go to Booklet

Contagious Equine Metritis Investigation

The Contagious Equine Metritis (CEM) investigation, which has been underway since December 2008, appears to be in its final stages. The investigation began when a Quarter Horse stallion on a Kentucky farm tested positive for CEM during routine testing for an international semen shipment. CEM is a foreign animal disease that is not endemic to the United States. READ MORE

GAO to Study Slaughter and Horse Welfare

The Government Accountability Office (GAO) is about to begin a study of the status of horse welfare in the U.S. as it relates to the closing of the slaughter plants. The last plant closed in September, 2007 as a result of state law. GAO will be studying the general effects of the closing of the plants and how the horse industry has responded in terms of sales, exports, adoptions and abandonments. In addition, GAO is instructed to review the impact that the closures have had on farm income, state and local governments, and welfare facilities. READ MORE

AHC to Release Report on Equestrian Access

In July of 2009 the American Horse Council launched a new effort to collect information regarding equestrian access issues on federal lands. This effort was prompted by a growing concern among recreational riders around the country that they were seeing a reduction in the number of trails and trail heads open to equestrians on federal land. READ MORE

Department of Labor Final H-2A Worker Program Rules

Introduction

The U.S. Department of Labor (DOL) has adopted its final rule (2010 Rule) governing the H-2A temporary agriculture alien worker program, including those at horse farms. This rule will go in to effect March 15, 2010.

Unfortunately, these new regulations are likely to make the H-2A program more burdensome for employers to utilize.

Background

On December 18, 2008, the Bush DOL adopted a final rule (2008 Rule) outlining new procedures for the administration of the H-2A program that went into effect January 17, 2009.

On May 29, 2009, the Obama DOL suspended the Bush 2008 Rule to reexamine it and reinstated the rules that had previously governed the H-2A program. This suspension was to last nine months after which the DOL would either propose new H-2A rules or reinstate the 2008 Rule. However, on June 29, 2009, the U.S. District Court for the Middle District of North Carolina issued an injunction barring the DOL from suspending the 2008 Rule.

On September 4, 2009, the DOL published a proposed H-2A rule in the Federal Register (2009 Proposed Rule).

The Obama DOL stated reason for embarking on a new rulemaking process was because they felt that the 2008 Rule “does not provide an adequate level of protection for either U.S. or Foreign workers.”

On October 20, 2009, the American Horse Council submitted comments to the DOL concerning the proposed H-2A rule (Those comments are attached).

The 2009 Proposed Rule largely rolled back most of the provisions of the 2008 Rule that were intended to make the H-2A program more usable and efficient and added new and burdensome requirements.

The 2010 Rule issued by the DOL on February 12, 2010, keeps unchanged most of the provisions of the 2009 Proposed Rule. The DOL did make a few changes in response to comments submitted by stakeholders including the AHC.

Major provisions of the 2010 Rule

Attestation-based process rescinded. The 2008 Rule created an “attestation” application process whereby an employer would attest, under threat of penalties, including fines, revocation of certification, and program debarment, that it had fully complied with all H-2A program requirements. This was intended to expedite processing applications for the H-2A program.

The 2010 Rule abandons the attestation model. The final rule requires a certifying officer (CO) to decide whether an adequate labor market test has been performed and other program requirements met prior to approving a labor certification application.

Required pre-filing activity and advertising. Like the 2008 Rule, the 2010 Rule would require H-2A employers to go through a recruitment process to ensure that there are no qualified American workers able and available for the temporary job involved before filing an application for Temporary Employment Certification. The recruitment must include: submitting a job order with the State Workforce Agency (SWA) serving the area of intended employment and retained on file with the SWA until 50 percent of the work contract period is completed. Employers must also place at least two print advertisements one of which must be on a Sunday.

Employers must contact former U.S. employees who were employed within the last year and recruit in no more than three States currently designated as a State of traditional or expected labor supply for the intended job. This process must begin well in advance of filing for a Temporary Employment Certification.

The 2010 Rule significantly does not require employers with “remote workplaces” to provide physical space or other assistance to interview U.S. workers in a place other than the worksite that is readily accessible as was originally required in the 2009 Proposed Rule. Employers are now only required to interview potential workers by phone or at the worksite.

The 2010 Rule requires employers to maintain recruitment reports during the pre-filing recruitment period and file it with the application. This report must include information regarding all recruitments sources, names of all U.S. workers who applied or were referred to the job, confirmation that former workers were contacted and an explanation for any workers who were not hired. This report has to be updated continuously through 50 percent of the contract work period. A record of the recruitment report must be retained for 3 years.

Housing. The 2010 Rule requires a request for inspection of housing be filed at the same time as the job order and the inspection must be completed prior to the issuance of a labor certification. This differs from the 2008 Rule which increased the amount of time SWA had to conduct required housing inspections. The rule also requires employers to provide housing to workers in corresponding employment who are not reasonably able to return to their residence the same day.

Wages and the Adverse Effect Wage Rate (AEWR). The 2010 Proposed Rule requires H-2A workers and American workers in corresponding employment be paid a wage rate based on the AEWR, the prevailing hourly wage or piece rate, or the Federal or State minimum wage whichever is higher as did the 2008 Rule.

However, the 2010 Rule alters the manner by which the AEWR is calculated. The 2008 Rule required that the AEWR be based on published wage data for the occupation, skill level, and geographical area from the Bureau of Labor Statistics (BLS), Occupational Employment Statistics (OES) survey. The 2010 Rule reverts to the previous method in place before the 2008 Rule and calculates the AEWR based on the United States Department of Agriculture Farm Labor Survey.

Worker verification. The 2008 regulations required SWAs to verify the workers they refer to employers are U.S. citizens or legal residents authorized to work. The 2010 Rule eliminates this requirement and places the burden back on employers to determine whether workers referred by the SWA are authorized workers.

Worker costs. Like the 2008 Rule employers are prohibited from passing along to workers any of the costs incurred as a result of participating in the H-2A program, including the cost of preparing and filing an application, attorney fees, and recruiting costs. Furthermore, employers that utilize foreign recruiters must also contractually prohibit them from passing on such costs.

Travel cost. The 2010 Rule additionally requires the employers to reimburse H-2A workers for the cost of travel from their actual home (in their country of origin) to the location of the worksite. The 2008 rule only required reimbursement cost for travel from the U.S. consulate to the location of the worksite.

Associations. Like the 2008 Rule, the 2010 Rule allows associations to file master applications on behalf of their members and retains most of the guidelines for such applications that have been in place. However, the 2010 Rule would limit such master applications to workers in two contiguous states. This is a change from the proposed rule that would have limited master applications to a single state.

Penalties, Debarment, and Revocation. The 2010 Rule imposes higher fines for program violations. The fine for each violation of a work order permit will increase from $1000 to $1,500. Fines for willful failure to meet a condition of the work contract that results in displacement or discrimination against a U.S. worker would not exceed $15,000 an increase of $5,000. Fines for housing violations or transportation safety and health standards causing serious injury or death would be increased from $25,000 per worker to $50,000. The 2010 Rule also increases from $50,000 to $100,000 the fine for willful or repeat violations.

The 2010 Rule permits the DOL to seek revocation of a temporary labor certification only if it determines that certification was obtained due to fraud or misrepresentation. The proposed rule would have allowed the DOL to revoke a temporary labor certification for any reason if they determined it should not have been granted originally.

Additionally, the 2010 Rule would permit revocation of a granted certification upon the finding of a substantial violation or any failure to cooperate in an investigation.

The 2010 Rule expands the circumstances in which the DOL can debar an employer, attorney, or agent from the H-2A program for a violation. Specifically, debarment can result from just one program violation and several new reasons for debarment have been proposed including: laying off or displacing U.S. workers or any non-H-2A workers in corresponding employment, employing a worker outside of the area of intended employment, in an activity or activities not listed in the job order, or outside the job order period and violations of the rule’s anti-fee shifting regulations and its anti-discrimination provisions.

USDA Announces Voluntary CEM Testing Program

The United State Department of Agriculture (USDA) has announced a voluntary program to test up to 3,000 breeding stallions for Taylorella equigenitalis, the bacteria that causes Contagious Equine Metritis (CEM). The program will be implemented immediately by the Animal and Plant Health Inspection Service (APHIS). APHIS is implementing this program in an effort to document that the presence of CEM is very low, if it is present at all, and to reduce or remove current testing requirements for horses and semen exported from the United States.

This voluntary program is in response to the on-going CEM incident involving approximately 991 horses found in 48 states. Hawaii and Rhode Island are the only States in which an exposed or positive horse has not been found.

Owners will be able to provide their stallions for testing on a voluntary basis. APHIS will pay for the diagnostic testing, but not for sample collection costs or test mares. If a stallion is found positive, the horse will be quarantined, and APHIS will pay all costs and procedures related to tracing, testing, and treatment (including practitioner fees) for horses exposed to a positive stallion.

Stallion owners or accredited equine practitioners interested in participating in this program should contact a VS area office or their State animal health official's office. Contact information can be seen at: www.aphis.usda.gov/animal_health/area_offices/ OR http://www.usaha.org/StateAnimalHealthOfficials.pdf.

To read the complete announcement: USDA Testing of Additional Stallions to Detect CEM, visit: www.aphis.usda.gov/publications/animal_health/content/printable_version/sa_cemtst.pdf

To read Questions and Answers about the program see: www.aphis.usda.gov/publications/animal_health/content/printable_version/faq_cem2010.pdf

What is CEM?

Contagious Equine Metritis is a transmissible, exotic venereal disease in horses caused by a bacteria Taylorella equigenitalis. A CEM infection usually results in infertility in mares and, on rare occasions, can cause mares to spontaneously abort. Infected stallions exhibit no clinical signs. Stallions and mares can become chronic carriers of CEM and be sources of infection for future outbreaks. The transmission rate is high and naturally occurs by mating, but contaminated instruments and equipment may be an indirect source of infecting horses. The bacteria can also be spread via semen collected for artificial insemination. CEM can be treated with disinfectants and antibiotics.

Unwanted Horse Coalition Releases Best Practices Handbook

Washington, DC – January 4, 2010. The Unwanted Horse Coalition (UHC) has published a handbook entitled Best Practices: How Your Organization Can Help Unwanted Horses. The handbook is part of the UHC’s continuing effort to get the horse community more involved in solving the problem of unwanted horses. If the horse community is to succeed in lessening the problem of unwanted horses, more organizations and more events, large and small, regardless of their breed or discipline, must institute activities and programs to deal with their horses after their active lives are over or when their owners are no longer able to care for them.

Many equine organizations, events and service providers have already instituted programs to help ensure that no horse becomes unwanted. The Best Practices Handbook lists many of these activities and other initiatives that those in the horse industry can undertake. The handbook includes sections on administration, continuing education, fundraising, support of equine care facilities, matchmaking, direct assistance, breeding control, and euthanasia.

The Best Practices Handbook outlines various examples of successful programs and activities already in place with other organizations. There are thousands of associations, events, activities, service providers, commercial suppliers, meetings, trail rides, etc. in the horse community. Regardless of whether you are involved with a large organization, a small show, a racetrack, or a veterinary clinic, there are ideas in this booklet that can be adopted and put into place. If each gets involved in some fashion, the industry can go a long way toward solving the problem of excess horses.

“The more educated our industry becomes in regard to unwanted horses and the more effort that we put into it, the more we can do to help our horses,” said UHC Chairman, Dr. Tom Lenz. “We hope the Best Practices Handbook will give everyone some ideas to pursue. If each organization gets involved, even with a single activity, the industry can go a long way toward solving this problem.”

The UHC is distributing its Best Practices Handbook to organizations and facilities around the country. The handbook is also available for download on the UHC’s website: www.unwantedhorsecoalition.org.

For more information about the UHC or the Best Practices Handbook please contact Ericka Caslin, UHC Director, at ecaslin@horsecouncil.org or by calling 202-296-4031.

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The Unwanted Horse Coalition

The mission of the Unwanted Horse Coalition is to reduce the number of unwanted horses and improve their welfare through education and the efforts of organizations committed to the health, safety and responsible care and disposition of these horses. The UHC grew out of the Unwanted Horse Summit, which was organized by the American Association of Equine Practitioners and held in conjunction with the American Horse Council’s annual meeting in Washington, D.C., in April 2005. The summit was held to bring key stakeholders together to start a dialogue on the unwanted horse in America. Its purpose was to develop consensus on the most effective way to work together to address the issue. In June 2006, the UHC was folded into the AHC and now operates under its auspices.

Preparation for GAO Study on Horse Welfare and Slaughter

In January, the Government Accountability Office (GAO) will begin a study of the status of horse welfare in the US as it relates to the closing of the slaughter plants. The report is to be completed by March 1, 2010. GAO will be studying how the horse industry has responded to the plant closings in terms of horse sales, exports, adoptions and abandonments. In addition, GAO is instructed to review the impact that the closures have had on farm income and state and local government organizations.

It is important that the horse industry provide whatever information it has so that the GAO can do a complete study. We want to be sure that the GAO is aware of all that the industry has done over the last few years to deal with the horses that may have gone to slaughter if the plants had been operating.

The AHC is compiling information on this issue and the industry’s response to this problem; it will be provided to GAO. It is important that you assign this task to someone at your organization who can compile this information and make it available to the AHC within the next few weeks.

The study was requested by Congress. The GAO is an independent federal agency that Congress often turns to for reports and analysis of important issues. GAO evaluates federal programs and policies; and provides analyses, recommendations, and other data to help Congress make informed policy, and funding decisions on issues before it.

Specifically, GAO is directed to study the following issues:

How the horse industry has responded to the closure of U.S. horse slaughter facilities in terms of both the numbers of horse sales, exports, adoptions, or abandonments;
The implications these changes have had on farm income and trade;
The extent to which horses in the United States are slaughtered for any purpose;
Any impacts to State and local governments and animal protection organizations;
How the Department oversees the transport of horses destined for slaughter in foreign countries, particularly Canada and Mexico;
The manner in which the Department coordinates with the Department of the Interior and State governments to assist them in identifying, holding and transporting unwanted horses for foreign export; and
General conclusions regarding the welfare of horses as a result of a ban on horse slaughter for human consumption.

While GAO will look to others, like USDA, state and local governments, and horse care organizations, for some of this information, the horse industry has an opportunity and obligation to provide some of it. For example, the horse industry can provide the following information to GAO:

Information on what has been done by your organization, facility, or event to deal with these unwanted horses. This would include educational efforts, such as articles in you magazines or periodicals (provide copies), retraining programs, fundraising efforts, associating with equine care or use facilities, etc;

The effect of unwanted horses on sales and auctions of your horses, on income to your members, on foreign trade;

Copies of any articles or reports you have from national or local newspapers or news programs or your members or others on unwanted horses, abandoned or neglected horses, etc.;

Any stories you have regarding successes in caring for or finding new homes or activities for these horses;

Any programs your organization has instituted to help ensure that no horse becomes unwanted; information about horses in need on your website; any resources you have made available to help owners with their horses; any means you have instituted to allow owners to track their horses so they can be returned for care if necessary; any programs you have to provide direct assistance, like feed or funding, to help owners; any programs to assist in population control, like gelding programs;

In sum, any information that will illustrate the efforts that the industry has made to deal with this problem of unwanted horses and any information on the effects of closing the plants.

PLEASE HELP US PROVIDE THIS INFORMATION TO GIVE THE GAO THE DATA IT NEEDS TO DO A COMPLETE AND THOROUGH STUDY THAT INCLUDES ALL THAT THE INDUSTRY HAS DONE OVER THE LAST SEVERAL YEARS TO DEAL WITH THIS PROBLEM AND THESE HORSES.

Targeted Tax Legislation Could Pass This Year

When Congress returns after the Thanksgiving break, they are likely to take up two tax bills. One bill deals with estate taxes and the other deals with some the tax provisions which expire at year end, including extension of the tax incentive for "conservation easements."

Estate Taxes - Estate taxes are scheduled to go to zero on estates of people dying in 2010. The taxes will come back in 2011 on estates over $1 million with a top rate of 55%. Currently, the tax applies to estates over $3.5 ($7 million for couples) with a top rate of 45%.

Congress is now trying to come up with a bill which can pass that will not let the estate expire next year, but instead put in place a more favorable tax than is scheduled to come back in 2011. The bill most likely to come to the floor as of this writing is one which puts into place permanently the rates and exemption that are in place in 2009 (45% top rate/$3.5 million exemption). However, there are many from both sides of the aisle and both the House and Senate sides of the Capitol who want lower estate tax rates and a higher exemption. For example, there is a bi-partisan group of Representatives and Senators would are proposing a top tax rate of 35% and an exemption of $5 million per individual ($10 million per couple).

The odds are in favor of something being done since the tax expires at the end of the year and Congress does not want to lose those tax dollars. Whether Congress can work out the differences between now and the end of the year is another question. They will try hard to reach an agreement this year. If they do not complete the bill, they will act early next year and make it retroactive to January 1, 2010 (assuming that this does not pose political problems).

Extension of Expiring Tax Provisions - A second tax bill working its way through Congress, but not yet finalized or introduced, would extend for one year over 40 tax provisions which are due to expire at the end of 2009, commonly called the "extender" bill. Extending expiring tax provisions is an annual exercise that Congress goes through because to make these provisions permanent or effective for longer than one year is scored as a much higher cost to the government than a one year extension - or at least using Congressional math. In fact, since many, if not most, of the provisions are extended every year anyway, the cost to the government is the same as if the provisions were enacted for a longer period of time.

As mentioned, the bill would extend until the end of 2010 the tax incentive which encourages the contribution of capital gain real property for conservation purposes - commonly referred to as conservation easements. It is now scheduled to expire at the end of 2009.

The bill would also extend another provision of interest to horse farmers. Currently, certain farm machinery and equipment can be depreciated over five years. This treatment will now expire at the end of 2009. The bill extends the five-year depreciation for this property until the end of 2010.

Whether the extender bill gets done this year is anyone's guess. Congressional leaders say they want the bill to be limited only to extensions and they want to get it done before they leave for the year. But, if the bill runs into any legislative problems, it might not be done until next year and, if so, it would most likely be made retroactive back to January 1, 2010, as has been the case in past years when Congress did not finish the bill until after the provisions expired. It is also not out of the question that the extender bill and estate tax bill would be merged together as one bill before the legislative process is over, whether this year or next.

It is worth noting what provisions of importance to horse owners and breeders which expire at the end of this year and are not being extended. The extender bill as now proposed does not extend 50% bonus depreciation. And, it does not extend the $250,000 expense allowance for small businesses, which will go down to $125,000(plus an inflation adjustment) next year. At this point, there is not much chance that these provisions will be included in the extender bill now being proposed. However, many in Congress are talking about a "jobs bill" and the Ways and Means Committee Chairman is now soliciting ideas from his members on what would be good to be included in such a bill. There is not enough time to deal with a jobs bill this year, but if there is a sufficient interest and consensus, it is likely that Congress could pass a bill early next year. The jobs bill would be the best vehicle for extending bonus depreciation and the higher expense allowance.

AHC Washington Update

At the recent State Horse Council meeting in Harrisburg the AHC's Trails Survey was discussed. This survey was announced last summer and we have received nearly 100 responses. The survey is online at https://www.horsecouncil.org/survey.php.

There is still time to fill it out and we ask you to send this to your members so they may do so.

The AHC launched this effort last summer to collect information on access issues equestrians are experiencing on federal lands. We are trying to document trail closures that have historically been available to riders and the reasons for the closures. The industry has been hampered by a lack of information regarding the reduction of trails, trail heads and the closure of public lands to horses and pack animals. We hope this will provide data to share with Members of Congress and federal agencies.

Thanks you very much for helping with this effort.

AHC Washington Update

Efforts have been made recently to move the two welfare bills now in Congress that affect the horse industry.

Slaughter Bill. Several weeks ago, Senator Mary Landrieu (D-LA) tried to bring the Prevention of Equine Cruelty Act of 2009 (S. 727) to the Senate floor for a vote under a procedure known as "unanimous consent." This procedure is generally used for non-controversial legislation. In order to do the implicit consent of the entire Senate is necessary. In this instance, several Senators objected and the bill was not considered. The bill is still in the Senate Judiciary Committee and has not been acted upon by the committee.

This legislation would prohibit the possession, transport, sale, or delivery in interstate or foreign commerce of a horse with the intent that it be used for human consumption. It would apply to the transport and sale of horses for slaughter in the U.S. or to a foreign country.

Double-Deck Transport Bill. Senator Landrieu also attempted to add an amendment similar to the Horse Transportation Safety Act to the Transportation, Housing and Urban Development Appropriations bill when it was considered by the full Senate. When it became apparent that there was opposition she decided not to offer it.

Senator Landrieu's amendment would have prohibited the interstate transport of any horse in a double-deck truck or containing more than 30 horses. The amendment was similar to the bill introduced in the House by Congressman Mark Kirk (R-IL) (H.R. 305).

As previously reported, the U.S. Department of Agriculture Appropriations bill for 2010 includes two provisions affecting horses in the welfare context.

The USDA Appropriations bill cuts-off funding for USDA activities related to the slaughter of horses. This provision is similar to those that have been included in previous USDA appropriations bills passed in previous Congresses. Since the amendment is part of an appropriations bill, the funding ban will expire on September 30, 2010. This provision in effect takes USDA personnel out of the slaughter process. Although there are no plants operating in the U.S. now, it would prevent USDA personnel from inspecting horses at any new plants that might open.

The USDA Appropriations bill also calls for a study by the Government Accountability Office (GAO) on the status of horse welfare in this country as it relates to the cessation of horse slaughter operations. We expect GAO to begin that study in early 2010 with a target date of completion of March 10.

If you have any questions about any of this, please contact us.

National Welfare Code of Practice Endorsed

A national Welfare Code of Practice has been endorsed by the American Association of Equine Practitioners, the American Quarter Horse Association, the Kentucky Thoroughbred Association, the National Thoroughbred Racing Association, the U.S. Equestrian Federation and the U.S. Trotting Association. The Welfare Code of Practice, drafted by the American Horse Council, outlines in generic terms what it means for an organization to be committed to the responsible breeding, training, care, use, enjoyment, transport and retirement of horses.

“We hope that as many organizations as possible will endorse it to show that the industry as a whole is committed to the welfare and safety of the horse,” said AHC President Jay Hickey. “We know that the safety and welfare of our horses is very important to us. We hope that this code will be another indication to others that the horse community takes its responsibilities to our horses very seriously.”

Many associations have undertaken studies, reviews, and initiatives that indicate their commitment to the welfare of their horses. Representatives from numerous national organizations provided an update on their welfare activities at the AHC’s National Issues Forum last summer. That forum is available for on-demand viewing on www.horsetv.com. It is important to share these efforts with the horse community so everyone can educate themselves on the best welfare practices throughout the sport. This generic code is simply a continuation of that effort.

The AHC’s Welfare Code of Practice is not intended to replace or pre-empt those activities or any rules and regulations specific to a segment of the industry. Rather it is hoped that the endorsement of a broad, more generic Welfare Code of Practice by as many organizations as possible will be another indication to the public, the media, federal and state officials and the horse community that the horse industry “Puts the Horse First.”

“We fully support the AHC Welfare Code of Practice and encourage everyone associated with the horse to abide by its principles,” said Alex Waldrop, President and CEO of the National Thoroughbred Racing Association. “It is important that the horse industry as a whole, regardless of breed or discipline, affirms its individual and collective commitment to horse welfare and safety. It is equally important that the industry communicate with one voice on this important issue and the AHC is the right vehicle for doing so.”

“This Code of Practice stands to unite the equestrian community in it’s commitment to protect, honor, and ensure the safety and well-being of the horse which is the core of our sport,” noted John Long, CEO, United States Equestrian Federation, the National Governing Body of Equestrian Sport.

The AHC Welfare Code of Practice will also provide a guide for equine organizations that are formalizing a welfare philosophy and policy for their respective organizations. “The American Horse Council Welfare Code of Practice provides a standard for the horse industry and equine organizations to evaluate their individual welfare policies and initiatives. It clearly states the principles necessary to achieve a level of stewardship for the horse that always puts the welfare of the horse first,” said Dr. Jerry Black, past-President of the AAEP and Chair of the AHC’s Animal Welfare Committee.

“I would strongly encourage all equine-related organizations to join us in signing the code of practice demonstrating their commitment to continuously ensuring the safety and welfare of our horses,” said Don Treadway, Executive Vice President, American Quarter Horse Association. “By agreeing to a code of practice, we send a clear message to the public that we are committed to ensuring our horses are treated with compassion, dignity and respect.”

“We hope that as the Code is reviewed more organizations will endorse it. Our goal is to have as many associations as possible sign on,” said Hickey.

The AHC Welfare Code of Practice follows.

Welfare Code of Practice American Horse Council

Introduction

American society has grown away from its agrarian roots of only a few generations ago. The horse, which was once a staple of American agriculture and general transportation, is now used primarily for breeding, competition, sport, recreation and entertainment, although there are still many horses used for work on farms and ranches, and in urban areas and exhibitions.

The horse industry is committed to the safety, health, care and welfare of all horses and to always “Put the Horse First.”

We address equine welfare and responsible care (1) by supporting a uniform Code of Practice regarding the responsible breeding, training, competing, care, use, enjoyment, health, transportation, and retirement of horses; and (2) by initiating communication with the public, the media, federal and state officials and within the horse community regarding these issues.

Our Commitment to all Horses and the Horse Industry

The organizations listed below are committed to the principle that the welfare and safety of the horse is the guiding principle in the decision-making process for all owners, service providers, organizations, events and activities.

WE ARE COMMITTED to the dignity, humane care, health, safety and welfare of horses in all our activities and care. These are our highest priorities. We are the stewards of our horses and must be firm in the standards and practices that guide us. Our first principle is:

The welfare, safety and stewardship of the horse is the guiding principle in the decision-making process for all segments for the horse industry.

WE ARE COMMITTED to promoting responsible breeding practices and to produce better horses, not just more horses.

WE ARE COMMITTED to responsible training techniques. All training should be done with the maturation and ability of the horse considered. Horses should be prepared for competition with proper training and conditioning methods. Excessive disciplining methods, whether in stables, training areas, or during competition, will not be tolerated.

WE ARE COMMITTED to educating owners, trainers, veterinarians, competitors, exhibitors and recreational riders to ensure that they know and respect their horse’s abilities and limits, and their own, so as to not push the horse or themselves beyond their ability level.

WE ARE COMMITTED to making all competitions fair and ensuring all competitors an equal opportunity to succeed. Performance-enhancing drugs, practices or equipment have no place in competitions or exhibitions. Effective drug testing by accredited laboratories is essential to the safety and welfare of our horses and the public support of competitions, with appropriate penalties levied for violations. The welfare of the horse must take precedence over the demands or expectations of owners, breeders, trainers, sellers, buyers, organizers, sponsors, officials, or spectators.

WE ARE COMMITTED to the welfare of the horse as paramount during competition. The horse industry should invest in the infrastructure, environment and facilities to provide a safe environment for all horses in all activities, whether breeding, competing, or simply riding. Any facilities that house horses should be committed to the appropriate care and treatment of all horses while in their facility, and should be designed with the environment and the intended use of the horse in mind.

WE ARE COMMITTED to minimizing injuries to horses during training, competition, use, or work. Whenever possible injury data should be collected, documented and reported to the governing body of the competition or any other injury database for analysis in order to ensure a safer environment.

WE ARE COMMITTED to the continual review, evaluation and improvement of all rules, regulations, policies and practices in all equine activities, based on science (where indicated). When warranted, they should be refined or changed. This includes existing practices to ensure they are not being perceived as acceptable, particularly if new research has called them into question.

WE ARE COMMITTED to providing continuing education on all activities involving horses and eliminate inhumane practices as well as strengthening sanctions for non-compliance.

WE ARE COMMITTED to educating all people who own or work with horses to ensure they are knowledgeable in the proper husbandry, care, and handling of horses. Each horse should be observed frequently to ensure that they are healthy. In consultation with a veterinarian, all such individuals should develop a sound health care program, appropriate to the facilities, environment and needs of the horses.

WE ARE COMMITTED to providing an environment in which anyone aware of equine cruelty or neglect is willing to report it to the proper local, state or federal authorities. Should an incident occur at an event it should be reported to judges, stewards, responsible authorities or the sanctioning organization.

WE ARE COMMITTED to improving the health and welfare of horses through scientific research, collaboration, advocacy and the development of appropriate rules. The industry should continue to support and work with the many individuals, universities, veterinarians and foundations doing and funding equine health and welfare research in order to reduce injuries and improve health.

WE ARE COMMITTED to horse owners and caretakers ensuring horses in their care are current on vaccinations and following best practices to minimize infection and disease. When a disease outbreak occurs horse owners and events must act quickly and responsibly, monitor the horses, report the outbreak to, and cooperate with, veterinarians, authorities, facility management and all stakeholders to bring a rapid resolution to the outbreak.

WE ARE COMMITTED to ensuring that our horses will have an opportunity to transition to additional careers, uses or activities as the need arises. When necessary, owners and veterinarians may have to consider end-of-life decisions. The welfare, safety and dignity of the horse must continue to be the guiding principle in deciding how and when to provide a humane death.

WE ARE COMMITTED to being transparent about our activities in order to ensure the public, the media, federal, state and local officials and the various segments of the horse community understand what we do, why we do it, and support it.

Equine Piroplasmosis Found in Texas & Canada Restrictions

The United States Department of Agriculture (USDA) and the Texas Animal Health Commission (TAHC) have started a foreign animal disease (FAD) investigation after a Quarter Horse mare in Texas tested positive for equine piroplasmosis (EP).

On October 2nd, the 7 year old Quarter Horse mare was taken to a local veterinary hospital, where samples were taken after a blood-borne pathogen was suspected. On October 12th the results were released that the mare tested positive for equine piroplasmosis. An additional 31 horses that were linked with the index mare were tested for EP, all horses on the premises were placed under quarantine, and ticks were collected for testing. On October 19th NVSL confirmed EP (from the parasite Theileria equi, also known as Babesia equi) in the 32 tested horses. Another 96 epidemiologically linked horses were tested, their results are pending. A tick investigation on the premises is also being implemented, and preliminary test results are pending.

Equine piroplasmosis is a disease caused by a blood-borne parasitic infection. It can be spread by certain ticks or by the transfer of blood from infected to naïve horses through shared needles, improperly shared equipment, and blood or serum transfusions. Clinical signs of infection vary from mild to severe and include weakness, lack of appetite, fever, anemia, swollen abdomen, labored breathing and more. Carriers of the disease in chronic phase can appear normal and show no clinical signs of disease. There is no vaccine for the disease and treatment options are not fail-proof and are still being researched.

The U.S. officially eradicated the disease in 1988, and regulations have been in place since that time which requires all imported horses to be tested for EP before allowing entrance into the country.

Due to this ongoing incident, Canada has imposed movement restrictions on equines originating from Texas. Effective October 21, 2009, USDA will not endorse any export health certificates for equines to Canada from Texas, and equines being exported to Canada from other states must have additional certification that during the previous 21 days the animal has not been in the state of Texas. This restriction is in place until further notice.

Please let us know if you have any questions, and the AHC will continue to supply updates on this occurrence as more information is released.

Action Alert: Support the GAO Study of Unwanted Horses

Date: August 20, 2009

In September, members of Congress will convene a Conference Committee to work out differences in the House and Senate versions of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2010. This Conference Committee will determine whether the Government Accountability Office (GAO) will study the status of horse welfare as it relates to the closing of horse slaughter plants in the United States. The AHC supports such a study.

Background

On August 4, 2009, the Senate passed its version of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2010 (H.R.2997). This bill will provide funding for the U.S. Department of Agriculture for fiscal year 2010.

The Senate Appropriations Committee Report (No.111-39) accompanying this legislation directs the GAO to study the status of horse welfare as it relates to the closing of horse slaughter facilities in the United States.

The House passed its version of the USDA appropriations bill on July 9, 2009. There is no provision in the House package seeking a GAO study.

The House and Senate now have to reconcile the differences between the two versions of the bill through a conference committee that includes representatives of both the House and Senate. That committee is expected to begin meeting shortly after Labor Day to decide, among other things, if the GAO study will be part of the final appropriations bill.

GAO Study

The GAO is an independent federal agency that Congress often turns to for reports and analysis of important issues. GAO evaluates federal programs and policies; and provides analyses, recommendations, and other data to help Congress make informed oversight, policy, and funding decisions.

The AHC supports this GAO study. Currently, there is little hard data on this issue. Such a study could provide valuable information to the horse industry as it deals with the unwanted horse issue.

The Senate legislation directs the GAO to study the following issues:

How the horse industry has responded to the closure of U.S. horse slaughter facilities in terms of both the numbers of horse sales, exports, adoptions, or abandonments; the implications these changes have had on farm income and trade; the extent to which horses in the United States are slaughtered for any purpose; any impacts to State and local governments and animal protection organizations; how the Department oversees the transport of horses destined for slaughter in foreign countries, particularly Canada and Mexico; the manner in which the Department coordinates with the Department of the Interior and State governments to assist them in identifying, holding and transporting unwanted horses for foreign export; and general conclusions regarding the welfare of horses as a result of a ban on horse slaughter for human consumption.

The GAO report is to be issued March 1, 2010.

Action

Now is the time to contact the following members of Congress who will be part of the Conference Committee.

The following members of Senate will be conferees:

Senator Daniel Inouye (D-HI)
Senator Herb Kohl (D-WI)
Senator Sam Brownback (R-KS)
Senator Tom Harkin (D-IA)
Senator Robert Bennett (R-UT)
Senator Byron Dorgan (D-ND)
Senator Thad Cochran (R-MS)
Senator Dianne Feinstein (D-CA)
Senator Christopher Bond (R-MO)
Senator Richard Durbin (D-IL)
Senator Mitch McConnell (R-KY)
Senator Tim Johnson (D-SD)
Senator Susan Collins (R-ME)
Senator Ben Nelson (D-NE)
Senator Richard Shelby (R-AL)
Senator Jack Reed (D-RI)
Senator Mark Pryor (D-AR)
Senator Arlen Specter (D-PA)

The House has not yet appointed its members who will serve on the Conference Committee, but we anticipate the following Representatives will be conferees:

David R. Obey (D-WI)
Rosa DeLauro (D-CT)
Jerry Lewis (R-CA)
Jack Kingston (R-GA)
Sam Farr (D-CA)
Tom Latham (R-IA)
Allen Boyd (D-FL)
Jo Ann Emerson (R-MO)
Sanford D. Bishop, Jr. (D-GA)
Rodney Alexander (R-LA)
Lincoln Davis (D-TN)
Marcy Kaptur (D-OH)
Maurice D. Hinchey (D-NY)
Jesse L. Jackson, Jr. (D-IL)

If your Senator or Representative is on this list please contact him/her and urge them to support the GAO study in the Final Conference Report. Please ask each of your individual members to contact these Representative and Senators with the same message.

Attached is a sample letter that can be used as a starting point for your organization and your members to craft letters to their Representatives and Senators. You and your members should personalize it with information about your organization and themselves. Please fax or email it to these Representatives and Senators because regular mail must go through a long security process.

Contact information for these Representatives and Senators can be found at http://www.house.gov/ and http://www.senate.gov/ or call the AHC.

As always, please send copies of any emails, letters or faxes you provide to your elected Representatives or Senators to the AHC at bpendergrass@horsecouncil.org or fax to (202) 296-1970.

Requirements for Export of Horses into Mexico – No Microchip Requirement

Date: August 12, 2009

Due to the current Contagious Equine Metritis outbreak, the United States and Mexico have been in negotiations over the protocol requirements for exporting horses from the U.S. into Mexico. In the midst of these negotiations, a statement requiring that horses have permanent ID using microchips was overlooked and inadvertently included in the new protocols. This statement has since been removed from the protocol requirements. Permanent ID, such as microchips or tattoos, is not required for export into Mexico. This will, however, be recorded if such form of identification is available.

A recent article in a prominent horse magazine reported that microchips were now mandatory if exporting a horse to Mexico. The AHC checked with the U.S. Department of Agriculture, and the Department has confirmed that this is not the case and that the mistake was quickly corrected. Again, microchips are not a mandatory requirement for exporting horses into Mexico.

Government Accountability Office Study of Unwanted Horse Issue

Date: August 14, 2009

On August 4, the Senate passed its version of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2010 (H.R.2997). This bill provides funding for the U.S. Department of Agriculture.

The Senate Appropriations Committee Report (111-39) accompanying this legislation directs the Government Accountability Office (GAO) to study the status of horse welfare as it relates to the closing of horse processing plants in the United States.

The House passed its version of the USDA appropriations bill on July 9, 2009. There is no provision in the House package seeking a GAO study.

GAO Study

The GAO is an independent federal agency that Congress often turns to for reports and analysis of important issues. GAO evaluates federal programs and policies; and provides analyses, recommendations, and other data to help Congress make informed oversight, policy, and funding decisions.

The AHC supports this GAO study. Currently, there is little hard data on this issue. Such a study could provide valuable information to the horse industry as it deals with the unwanted horse issue.

The Senate legislation directs the GAO to study the following issues.

How the horse industry has responded to the closure of U.S. horse slaughter facilities in terms of both the numbers of horse sales, exports, adoptions, or abandonments; the implications these changes have had on farm income and trade; the extent to which horses in the United States are slaughtered for any purpose; any impacts to State and local governments and animal protection organizations; how the Department oversees the transport of horses destined for slaughter in foreign countries, particularly Canada and Mexico; the manner in which the Department coordinates with the Department of the Interior and State governments to assist them in identifying, holding and transporting unwanted horses for foreign export; and general conclusions regarding the welfare of horses as a result of a ban on horse slaughter for human consumption.

The Committee language directs the GAO to issue its report by March 1, 2010.

Next Congressional Steps

The House and Senate will now have to reconcile the differences between the two versions of the bill through a conference committee that includes representatives of both the House and Senate. That committee will be meeting after Labor Day to decide if the GAO study will be part of the final appropriations bill and its accompanying conference committee report.

The AHC supports this GAO study and will be contacting its member organizations shortly seeking grassroots support urging the conference committee to include the GAO study in the final conference report.

Response from Secretary Vilsack and CEM Outbreak Update

Date: July 27, 2009

Response from Secretary Vilsack

In May 2009 the American Horse Council sent a letter to the U.S. Secretary of Agriculture Tom Vilsack expressing our concern over the current outbreak of Contagious Equine Metritis (CEM), and the need for the investigation to be completed and for the U.S. to return to a CEM free status. Secretary Vilsack responded in a letter to the AHC, stating that USDA is working aggressively to complete the investigation and protocols needed for a successful eradication.

CEM Outbreak Update

Since the first discovery of a CEM positive stallion in December 2008, a total of 21 stallions (including one that is now a gelding) and five mares have been confirmed as positive for CEM. None of the positive horses have yet been identified as the source of the outbreak; the epidemiologic investigation continues in an effort to determine the origin of this outbreak, but no conclusions can yet be drawn.

In addition to the 21 positive stallions and 5 positive mares, another 960 horses have been exposed to CEM. The total 986 horses have been found in 48 States. Hawaii and Rhode Island are the only States in which an exposed or positive horse has not been found. The 21 positive stallions were found in 7 States: 1 in Georgia, 3 in Illinois, 3 in Indiana, 1 in Iowa, 4 in Kentucky, 1 in Texas, and 8 in Wisconsin. The five positive mares were found in three States: two in California, two in Illinois, and one in Wisconsin. All positive horses, and all exposed horses that have not yet completed testing and treatment protocols, are currently under quarantine or hold orders.

Of the 272 stallions, 169 (62%) have now completed their entire testing and treatment protocol and have been determined to be negative for CEM. Of the 169 that are now negative, 155 were exposed stallions and 14 were stallions that had previously tested positive. Those 14 stallions, including 4 from Kentucky, 3 from Indiana, 3 from Wisconsin, 2 from Illinois, 1 from Georgia, and 1 from Texas, are now free of CEM after being treated and re-tested. Another 55 exposed stallions are negative on their initial sampling cultures but have additional testing requirements to complete before being declared free.

Of the 714 mares, a total of 640 (90%) have completed testing and treatment and are negative for CEM; that total includes four formerly positive mares, two in California and two in Illinois, that have completed their treatment and testing protocols and are now negative.

Overall, 809 (82%) of the 986 horses involved are now known to be free of CEM. Three of the eight States that have had a positive horse, Georgia, Indiana, and Kentucky, have completed testing and treatment of all known positive and exposed horses and are considered free of CEM at this time.

The investigation of this outbreak has determined that all four of the positive Kentucky stallions were on the central Kentucky premises during the 2008 breeding season. The Texas and Indiana stallions also spent time on the Kentucky premises during 2008. The positive Wisconsin stallions were not in Kentucky, but four of them were co-located during at least one breeding season in Wisconsin with a positive stallion that was on the Kentucky premises in 2008. The fifth, sixth, seventh, and eighth Wisconsin stallions all spent time at the same breeding facility used by the fourth positive Wisconsin stallion, by the three positive Illinois stallions, and by the Iowa stallion. The Iowa stallion has since been gelded. The positive Georgia stallion was co-located with three positive Wisconsin stallions in 2008.

The positive Wisconsin mare was bred by the second positive stallion in Wisconsin. Each of the positive mares in Illinois and in California was bred by artificial insemination (AI) in 2008 using semen from a positive stallion. Both California mares were exposed by AI to the first positive stallion in Wisconsin and the first Illinois mare was exposed to a positive stallion now in Indiana. The second positive mare in Illinois was exposed by AI in 2008 to the second positive Illinois stallion.

What is CEM?

Contagious Equine Metritis is a transmissible, venereal, foreign animal disease in horses caused by a bacteria Taylorella equigenitalis. A CEM infection usually results in infertility in mares and, on rare occasions, can cause mares to spontaneously abort. Infected stallions exhibit no clinical signs. Stallions and mares can become chronic carriers of CEM and be sources of infection for future outbreaks. The transmission rate is high and naturally occurs by mating, but contaminated instruments and equipment may be an indirect source of infecting horses. The bacteria can also be spread via semen collected for artificial insemination.

CEM can be treated with disinfectants and antibiotics. CEM-positive mares, and mares from CEM-positive countries, are required to go through a treatment protocol and remain in quarantine for no less than 21 days. Stallions that have CEM or come from a CEM-positive country are required to remain quarantined until a treatment protocol is completed and they test negative for the disease.

Action Alert: AHC Seeks to Document Equestrian Access Issues on Public Land

Date: July 23, 2009

The American Horse Council has launched a new effort to collect information on access issues equestrians are experiencing on federal lands. The center piece of this effort is an AHC online form riders can use to report their personal experiences regarding trails and federal lands that have been closed to them or other access issues. This online form is located here https://www.horsecouncil.org/survey.php.

Efforts to gain support for legislation to protect equestrian access to public land have been hampered by a lack of information regarding the reduction of trails, trail heads and the closure of public lands to horses and pack animals. This new initiative will allow the recreational riding community to report when they are forced off a trail or are fighting to stay on a trail. This information will be used to clearly demonstrate the extent of the problem and the need for action on the part of Congress or the federal land agencies.

The online form can also be used to document any successes riders have had keeping a trail or area open to horses. Such information is needed as well.

The AHC is requesting that its member organizations help spread the word about this new program by placing information about it on their websites and or in their organization newsletters. More information about this initiative and the form to report access issues can be found here https://www.horsecouncil.org/survey.php.

Attached is a press release that can be used by your organization on your websites or in your newsletters. Please feel free to change it for your use.

If you have any questions please contact Ben Pendergrass at (202)296-4031.

House Passes the Restore Our American Mustangs Act

Date: July 20, 2009

On July 17 the House of Representatives passed the Restore Our American Mustangs Act (H.R. 1018). Representative Rahall (WV-D) introduced the bill on February 12, 2009. This bill concerns the management and of wild free-roaming horses and burros.

In the 108th Congress a provision of the 2005 Omnibus Appropriations Bill lifted the prohibition on the sale of wild horses and burros for commercial purposes and authorizing the Secretary of Interior to sell excess animals at public sales “without limitation” on their use. This would allow these horses to be sold for slaughter.

Congressman Rahall’s bill would restore the federal prohibition on the commercial sale and slaughter of wild free-roaming horses and burros. It would also bar the Secretary of Interior from euthanizing any wild free-roaming horses or burros unless an animal is terminally ill. Representative Rahall introduced similar legislation in the last Congress.

The bill directs the Secretary of the Interior to maintain an inventory of wild horses and burros on public lands, to protect and manage the population in an ecologically balanced manner and to designate and maintain specific ranges on public lands as sanctuaries for their protection and preservation. This would include identifying new, “rangelands for wild free-roaming horses and burros, including use of land acquisitions, exchanges, conservation easements, and voluntary grazing buyouts, and negotiate with private landowners to allow for the federally supervised protection of wild horses and burros on private lands.”

This bill will now proceed to the Senate for consideration.

If you have any questions regarding this bill please call the AHC.

USDA Announces Standards for Privately-Owned Horse Import Facilities

Date: July 14, 2009

The U.S. Department of Agriculture (USDA) has given the green light for the industry to build and operate permanent, privately owned quarantine facilities for horses. Such facilities would have to comply with the criteria set out in the USDA announcement.

The AHC has been working with USDA to authorize such facilities for some time. USDA has taken this action because the demand for quarantine services for horses often exceeds the space available at the existing three import facilities. Allowing imported horses to be quarantined in permanent, privately owned facilities that meet the established criteria will facilitate importation while continuing to protect the country against the introduction of foreign diseases.

Background

The horse industry is an international industry and increasingly more foreign horses are being brought into the U.S. for racing, showing, sale and breeding. Often the three facilities currently used to import horses do not have enough quarantine space to accommodate them all.

USDA first proposed this rule in 2002. Because it was not adopted, the AHC called for the USDA to re-publish the rule, which was done in December 2006.

The AHC commented on the 2006 proposed rule, stating its support of this rule, as well as highlighting a few important items and pointing out a couple of concerns. The AHC emphasized the importance of having APHIS personnel present at the privately-owned facilities to provide the oversight and assistance necessary to ensure the biological security of the facility. It was also emphasized that the establishment of permanent privately-owned quarantine facilities should not have any affect on temporary privately-owned quarantine facilities that are used for special events and competitions, as they are an important resource to the horse industry.

Facility Criteria

The final rule provides details on the standards established for the approval of permanent, privately owned quarantine facilities. These standards include the steps needed to gain USDA approval of a facility, the physical requirements of a facility (includes location, construction, etc.), sanitation and security requirements, operating procedures (includes USDA oversight, handling of horses, record keeping, etc.) and more. The approval of an import quarantine facility will require a compliance agreement between USDA and the operator of the facility. Because of the stringent guidelines for these facilities, USDA expects only a couple of facilities to be approved in the next few years.

Benefit to the U.S. Horse Industry

With increasing trade between the U.S. and other countries, having the ability to increase the amount of quarantine space for imported horses is very beneficial to the horse industry. This rule has the potential to make the import process easier and timelier while continuing to protect the country against the introduction of foreign diseases of horses. It will provide a clear benefit to importers when the demand for space in the current import quarantine facilities surpasses the space available.

If you have any questions, please call us.

Slaughter Horse Developments

Date: July 8, 1009

As you know, the Prevention of Equine Cruelty Act of 2009 has been re-introduced in both the House (H.R. 503) and the Senate (S. 727). This legislation would criminalize the possession, transport, sale, delivery, or receiving in interstate or foreign commerce of a horse or horse meat with the intent that it be used for human consumption. It would apply to the transport and sale of horses for slaughter in the U.S. or to a foreign country.

Penalties would include fines and/or one year imprisonment for a first offense or one involving five or fewer horses. Offenses involving more than five horses or repeat offenders would face increased fines and/or up to three years imprisonment.

Both bills have been referred to the respective Judiciary Committees.

While there has been no action on these bills, Congress has taken several actions recently regarding the processing of horses for human consumption. The House and Senate are about to consider Appropriations Bill providing funding for the U.S. Department of Agriculture for fiscal year 2010. Both bills include provisions affecting horse slaughter. The industry should take particular note of one new provision, a call for a study by the Government Accountability Office (GAO) of the status of horse welfare as it relates to the closing of the slaughter plants.

The call for a GAO study of the slaughter issue is a new piece to the on-going debate on this issue. Such a study could provide information to the industry as it deals with the unwanted horse issue. We would like some feedback on this concept.

House USDA Appropriations Bill

The House bill (H.R. 2297) includes language that would cut-off funding for USDA activities related to the slaughter of horses. This provision is similar to those that have been included in previous USDA appropriations bills passed in previous Congresses. Since the amendment is part of an appropriations bill, the funding ban would last for Fiscal Year 2010, which extends from October 1, 2009 through September 30, 2010. This provision would in effect take USDA personnel out of the process and prevent slaughter. Although there are no plants operating in the U.S. now, it would also prevent USDA personnel from inspecting horses at any new plants that might open.

This provision is not included in the Senate USDA Appropriations bill.

Senate USDA Appropriations Bill

The Senate bill (S. 1406) includes a new provision not included in prior legislation directing the GAO to conduct an investigation on the status of horse welfare in this country as it relates to the cessation of horse slaughter operations. [Italics added.] Among other factors, the Committee directs GAO to consider:

How the horse industry has responded to the closure of U.S. horse slaughter facilities in terms of both the numbers of horse sales, exports, adoptions, or abandonments;

The implications these changes have had on farm income and trade;

The extent to which horses in the United States are slaughtered for any purpose;

Any impacts to State and local governments and animal protection organizations;

How the Department oversees the transport of horses destined for slaughter in foreign countries, particularly Canada and Mexico;

The manner in which the Department coordinates with the Department of the Interior and State governments to assist them in identifying, holding and transporting unwanted horses for foreign export; and

General conclusions regarding the welfare of horses as a result of a ban on horse slaughter for human consumption.

The Committee directs the GAO to issue its report by March 1, 2010.

This provision is not in the House USDA appropriations bill.

Next Congressional Steps

The House and Senate will now consider their respective appropriations bills. It remains to be seen whether the two provisions described above will survive floor consideration. If they do, these provisions, along with other differences in the bills, will have to be reconciled through a conference committee that includes representatives of both the House and Senate. That committee will decide if the provisions remain in the final conference bill that will be sent back to the House and Senate for final passage.

GAO Study

As noted above, a GAO study may provide additional, needed information regarding this issue.

Please give us your thoughts on the value of such an independent study as soon as possible.

UHC Releases National Survey Results

Date: July 9, 2009

The findings from the Unwanted Horse Coalition’s Study on Contributing Factors Surrounding the Unwanted Horse Issue are now available on the UHC website at www.unwantedhorsecoalition.org. The study is the first of its kind to assess the causes and magnitude of the unwanted horse population in the United States.

Results indicate that the problem of unwanted horses is perceived to be growing on many fronts. More than 90% of participants believe the number of unwanted horses, as well as those neglected and abused, is increasing. Almost all participants (87%) indicate that in the past year, the issue of unwanted horses has become “a big problem,” compared with only 22% who said the problem was important three years ago. Respondents also report that the number of horses being euthanized is increasing.

In light of one of the worst economic downturns in U.S. history, the economy is considered to be a significant contributor to the unwanted horse problem. The closing of the nation’s processing facilities, changes in breed demand/indiscriminate breeding, as well as the high costs of euthanasia and carcass disposal are also cited by respondents as major contributors.

Regarding placement options for unwanted horses, 63% of equine rescue/retirement facilities polled report they are at near or full capacity and, on average, turn away 38% of the horses brought to them. Capacity is clearly the issue in that as many horses stay for life at the facilities as are adopted out.

Survey respondents believe the top solutions for solving the problem of unwanted horses are to educate owners to purchase and own responsibly, increase the ability of private rescue and retirement facilities to care for unwanted horses, reopen the U.S. processing plants, and increase options and resources for euthanizing and disposing of unwanted horses.

The survey was conducted from November 2008 to January 2009 by an independent market research company. More than 23,000 horse owners, equine industry stakeholders and non-horse owners participated. For additional information, please contact UHC Director, Julia Andersen, jandersen@horsecouncil.org or (202) 296-4031.

Surface Transportation Authorization Act of 2009 includes Recreational Trails Program.

Date: June 24, 2009

Introduction

The House Committee on Transportation and Infrastructure this week released the Committee Print (draft language) of the next surface transportation authorization bill. This working draft of the bill would re-authorize the Recreational Trails Program.

The law authorizing the Federal Highway Administration’s Recreational Trails Program (RTP) that provides money for state and local trail projects will expire this year. If RTP is not re-authorized these fund will no longer be available to recreational riders.

Please see the May 5th AHC Washington Update concerning RTP for further details.

The Surface Transportation Authorization Act of 2009

This working draft would re-authorize the RTP for the next six years. Additionally, this bill would create a new Office of Livability that would be responsible for administering the program.

The draft bill does not specify a dollar amount for RTP at this time. The AHC in conjunction with a broad coalition of recreational users is requesting that RTP funding be set at $690 million over the six year period of the bill (the original request of $550 million was for a five year period).

This is an important step in preserving the RTP. However, it remains vital that the recreational riding community continue let members Congress know that this program is important to them and needs to be retained and adequately funded in the final version of this bill.

Status

The House Subcommittee on Highways and Transit will begin mark up of the Committee Print of this bill on Wednesday, June 24. A completed bill will be introduced at a later date.

If you have any questions please contact the AHC.

CEM Outbreak Update – AHC Letter To Secretary Vilsack – Mexico Restrictions

Date: June 11, 2009

CEM Outbreak Update

In December 2008, the Kentucky Department of Agriculture announced that a quarter horse stallion tested positive for Contagious Equine Metritis (CEM) during routine testing for international semen shipment. Since this discovery a full epidemiological investigation has been underway to locate, test and quarantine any potentially exposed horses. An exposed horse is one that was bred to a positive horse, either naturally or via artificial insemination, or one that is otherwise epidemiologically linked to a positive horse, as determined by State and Federal animal health officials.

Currently, a total of 21 stallions, including one that is now a gelding, have been confirmed as positive for CEM. Additionally, a total of 5 mares have been found positive for CEM. In addition to the 21 positive stallions and 5 positive mares, locations have been confirmed for 944 additional horses exposed to CEM. The total 970 horses are located in 48 States. The source of the outbreak has yet to be determined, but the investigation continues to pursue all available information in order to determine the origin of the outbreak.

There are 276 exposed or positive stallions in 29 States and 694 exposed or positive mares in 46 States. The only states without any positive or exposed horses are Hawaii and Rhode Island. The 21 positive stallions were found in seven States: one in Georgia, three in Illinois, three in Indiana, one in Iowa, four in Kentucky, one in Texas, and eight in Wisconsin. The five positive mares were found in three States: two in California, two in Illinois, and one in Wisconsin. All positive horses, and all exposed horses that have been located, are currently under quarantine, and testing and treatment protocols are under way.

Of the 276 stallions, 76 have now completed their entire testing and treatment protocol and are now negative for CEM. Of the 76 that are now negative, 67 were exposed stallions and 9 were stallions that had previously tested positive. Those nine stallions, four from Kentucky, three from Indiana, one from Texas, and one from Wisconsin, are now free of CEM after being treated and re-tested. Another 106 exposed stallions are negative on their initial sampling cultures but have additional testing requirements to complete before being declared CEM free. Of the 694 mares, a total of 478 have completed testing and treatment and are negative for CEM; that total includes one formerly positive California mare that has completed her treatment and testing protocol and is now negative.

All four of the positive Kentucky stallions were on the central Kentucky premises during the 2008 breeding season. The Texas and Indiana stallions also spent time on the Kentucky premises during 2008. The positive Wisconsin stallions were not in Kentucky, but four of them were co-located during at least one breeding season in Wisconsin with a positive stallion that was on the Kentucky premises in 2008. The fifth, sixth, seventh, and eighth Wisconsin stallions all spent time at the same breeding facility used by the fourth positive Wisconsin stallion, by the three positive Illinois stallions, and by the Iowa stallion. The Iowa stallion has since been gelded. The positive Georgia stallion was co-located with three positive Wisconsin stallions in 2008.

The positive Wisconsin mare was bred by the second positive stallion in Wisconsin. Each of the positive mares in Illinois and in California was bred by artificial insemination (AI) in 2008 using semen from a positive stallion. Both California mares were exposed by AI to the first positive stallion in Wisconsin and the first Illinois mare was exposed to a positive stallion now in Indiana. The second positive mare in Illinois was exposed by AI in 2008 to the second positive Illinois stallion.

CEM Outbreak Summary:

	# Exposed Horses	# Positive Horses	Total Involved	# Completed Testing & Treatment	# States Involved
Mares	689	5	694	478 (incl. 1 positive)	46
Stallions	255	21	276	76 (incl. 9 positives)	29
Total	944	26	970	554	48

AHC Letter to Agriculture Secretary Vilsack

The American Horse Council expressed concern over the current CEM outbreak in a letter to the U.S. Secretary of Agriculture Tom Vilsack. The AHC states concerns over the current CEM occurrence and investigation, and the need to find the source of this outbreak, complete the investigation, eradicate the disease and return to U.S. to a CEM free country status. The letter to Secretary Vilsack can be found on the AHC website – www.horsecouncil.org

Restrictions on U.S. Horses Exported to Mexico

Since the first detection of CEM in a stallion in Kentucky, Mexico implemented export restrictions by prohibiting any horses from the state of Kentucky. Since then, USDA and Mexico have been in negotiations over the KY prohibition and additional restrictions on exporting U.S. horses into Mexico. The U.S. and Mexico have reached an agreement on export restrictions related to the current CEM outbreak.

The restrictions divide states into two categories: those that have had a diagnosed CEM positive horse and those that have not had a confirmed positive. For states that have a diagnosed positive, a series of three sets of cultures with negative results for CEM are required before the horse will be allowed entry into Mexico. For states that have not had a diagnosed positive horse, one set of cultures with negative results is required. This currently applies to both horses that are being exported temporarily as well as permanently.

USDA continues to negotiate with Mexico on these restrictions, particularly for horses being exported temporarily and to determine what point a state becomes CEM free. The protocols for exportation to Mexico can be found on the USDA website:

http://www.aphis.usda.gov/regulations/vs/iregs/animals/animal_mexico.shtml

Bill Concerning Equestrian Access To Wilderness Introduce

Date: June 11, 2009

Introduction

On June 10, 2009 Representative Lamborn (R-CO) introduced “a Bill to Amend the Wilderness Act to Allow Recreation Organizations to Cross Wilderness Areas on Established Trails, and for Other Purposes” (H.R. 2809).

H.R.2809

This bill would allow hikers and horseback riders who are members of a recreation organization to cross wilderness areas on established trails regardless of group size. Such trips across wilderness must be completed in one day and without “unreasonable delay.” Groups are restricted to 10 wildernesses crossing annually.

Currently, wilderness areas usually have group size restrictions, often “25 heartbeats,” a number which includes pack and saddle stock.

The bill defines a recreational group as an organization of hikers or horseback riders whose purposes include one or more of the following: to promote the development and preservation of trails throughout Federal lands; education of the public about conservation; gathers information regarding the use and enjoyment of wilderness areas and other Federal land; and who has been in existence for 10 or more years.

Status

This bill has been referred to the House Committee on Natural Resources.

If you have any questions please contact the AHC.

American Horse Council

The AHC Needs Your 2010 Van Ness Award Nomonations

Save The Date - American Horse Council’s 2010 National Issues Forum and “Ride-In”

AHC National Issues Forum to Focus on Emerging Diseases

NOTICE - All AHC News and Tax Bulletins Will Be Sent Via Email Starting June 1, 2010

AHC’s Welfare Code of Practice Continues to Garner Support

AHC invited to participate in White House Conference on America’s Great Outdoors

Recreational Trails Program Extended through 2010

Nutrena Joins the UHC

UHC Concludes Equine Care Facilities Survey

Intervet Schering-Plough Animal Health Joins the UHC

New “Members Only” Page on AHC Website

Congress Busy with Tax Provisions Affecting Horses

AHC Names New Director of Health & Regulatory Affairs

Update on Animal Identification

Animal Welfare Council Joins UHC

AHC Participates in White House Conference on America’s Great Outdoors

Congress Continues $250,000 Expense Allowance Through 2010

Finally – The Service Capitulates In Its Efforts To Limit The Ability Of LLC Members To Satisfy The Material Participation Rules

The Tax Bulletin is now Available on AHC’s “Members Only” page

2010 Horse Owners And Breeders Tax Handbook Coming Soon!

AHC National Issues Forum to Focus on Emerging Diseases

Rules Relating to NAIS on Hold

Benefits For Horse Industry In “mini” Jobs Bill Just Passed

AHC Releases Report On Equestrian Access

Nominations Sought For The Coalition For Recreational Trail’s Achievement Awards

2010 Van Ness Award Nominations

USDA Announces New Framework for Animal Disease Traceability

Tax Provisions to be Considered in Early 2010

Immigration Reform in 2010

UHC Seeks to Document Needs of Equine Care Facilities

New "Caregiver's Guide to Rehabilitating the Neglected Horse" is Now Available

Equine Piroplasmosis Update

Compliance with Internet Gambling Regulations Delayed

Unwanted Horse Coalition Releases Best Practices Handbook

Contagious Equine Metritis Investigation

GAO to Study Slaughter and Horse Welfare

AHC to Release Report on Equestrian Access

Department of Labor Final H-2A Worker Program Rules

USDA Announces Voluntary CEM Testing Program

Unwanted Horse Coalition Releases Best Practices Handbook

Preparation for GAO Study on Horse Welfare and Slaughter

Targeted Tax Legislation Could Pass This Year

AHC Washington Update

AHC Washington Update

National Welfare Code of Practice Endorsed

Welfare Code of Practice American Horse Council

Equine Piroplasmosis Found in Texas & Canada Restrictions

Action Alert: Support the GAO Study of Unwanted Horses

Requirements for Export of Horses into Mexico – No Microchip Requirement

Government Accountability Office Study of Unwanted Horse Issue

Response from Secretary Vilsack and CEM Outbreak Update

Action Alert: AHC Seeks to Document Equestrian Access Issues on Public Land

House Passes the Restore Our American Mustangs Act

USDA Announces Standards for Privately-Owned Horse Import Facilities

Slaughter Horse Developments

UHC Releases National Survey Results

Surface Transportation Authorization Act of 2009 includes Recreational Trails Program.

CEM Outbreak Update – AHC Letter To Secretary Vilsack – Mexico Restrictions

Bill Concerning Equestrian Access To Wilderness Introduce

Georgia Horse Council, Inc.

302 Clements Road NE Rome, Georgia 30161

302 Clements Road NE
Rome, Georgia 30161