Category: Uncategorized

The Walking Horse Owners Association Board of Directors met December 27, 2012 and voted not to accept the proposal recently submitted from TWSHO as written. WHOA also voted to keep the lines of communication open and to work on a counterproposal.  Another topic of discussion was the National High Point Awards Banquet scheduled for February 9, 2013. The weekend will also include a Judges training seminar scheduled for February 8.  Anyone interested in applying should contact Tommy Hall at 615-484-8822.

The Walking Horse Owners Association's Board of Directors met on Thursday November 29, 2012. The Board voted to move forward and endorse
the one group, one voice concept in response to the request from TWSHO earlier this month.  As an organization that represents owners from all disciplines of the Tennessee Walking Horse, WHOA looks forward to working diligently toward the success of the One Organization concept.

United States Department of Agriculture
Animal and Plant Health Inspection Service
4700 River Road, Riverdale, MD 20737

July 19, 2012

Re: Final Rule, Docket #: APHIS-2011-0030

Dear Horse Industry Organizations and Associations:

On July 9, 2012, the final rule requiring horse industry organizations and associations (HIOs) to assess and enforce minimum penalties under the Horse Protection Act (HPA) became effective. APHIS notified the HIOs on June 8, 2012 that they must adopt the minimum penalty protocol as well as the appeals process described in this final rule and submit evidence of their compliance no later than July 9, 2012.

As of today, the following HIOs have submitted amended rulebooks showing that they will be following the new regulations: Walking Horse Owners Association (WHOA), National Walking Horse Association (NWHA), FOSH (Friends of Sound Horses), Missouri Fox Trotting Horse Breed Association (MFTHBA), International Walking Horse Association (IWHA), Oklahoma Walking Horse (OKA), Western International Walking Horse Association (WIWHA).

APHIS has not received amended rulebooks from the following HIOs: Sound Horse, Honest Judging, Objective Inspections, Winning Fairly (SHOW), Professional Regulation and Inspection for Dedicated Equestrians (PRIDE), Spotted Saddle Horse Breeders and Exhibitors Association (SSHBEA), Heart of America Walking Horse Association (HAWHA), Kentucky Walking Horse Association (KWHA). Until the decertification process set forth in 9 C.F.R, § 11.7(g) is completed for the noncompliant HIOs, affiliation with them will not increase show management's liability. Please be advised, however, that USDA will continue its own efforts to enforce the HPA by conducting unannounced inspections at horse shows and focusing its inspection resources at unaffiliated shows and oversight of HIO Designated Qualified Persons (DQPs) that pose an increased risk of noncompliance with the HPA.

Sincerely,

Chester A. Gipson
Deputy Administrator
Animal Care

Cc. Dr. Rachel Cezar; National Horse Protection Coordinator

Click here to view the original memo. 

The new USDA mandated penalty structure for 2012 will go into effect July 9, 2012. Click here to download this post as a PDF document.

For the violations listed in paragraph (c) of this section that require a suspension, any individuals who are responsible for showing the horse, exhibiting the horse, entering or allowing the entry of the horse in a show or exhibition, selling the horse, auctioning the horse, or offering the horse for sale or auction must be suspended. This may include, but may not be limited to, the manager, trainer, rider, custodian, or seller, as applicable. In addition, if the owner allowed any activity listed in this paragraph, the owner must be suspended as well.

HIO’s are required to have an approved appeal Process. For all appeals, the appeal would have to be granted and the case heard and decided by the HIO or the violator would have to begin serving the penalty within 60 days of the date of the violation. This would mean that an appeal would need to be filed and a decision made with respect to that appeal within 60 days. HIOs are required to submit decision of all appeals to the Department within 30 days after completion of appeal.

Action Will Require Horse Industry Organizations to Assess Minimum Penalties for Violations

WASHINGTON, June 5, 2012— The U.S. Department of Agriculture has amended regulations to require horse industry organizations that license certain people to assess minimum penalties for violations of the Horse Protection Act. The move by USDA’s Animal and Plant Health Inspection Service (APHIS), which administers the Animal Welfare Act, is meant to help eliminate the inhumane practice of horse soring—a practice primarily used in the training of Tennessee Walking Horses, racking horses and related breeds to accentuate the horse’s gait. Horse soring may be accomplished by irritating or blistering a horse’s forelegs through the application of chemicals or the use of mechanical devices.

“Requiring minimum penalty protocols will ensure that these organizations and their designees remain consistent in their inspection efforts,” said Deputy Under Secretary for Marketing and Regulatory Programs Rebecca Blue. “USDA inspectors cannot be present at every horse show and sale, so we work with industry organizations and their designees to ensure the wellbeing of these animals. Our goal, together, is to make horse soring a thing of the past.”

The regulations currently provide that such penalties will be set either by the horse industry organizations or by APHIS. This final rule does not change the penalties set forth in the Horse Protection Act, or HPA. Rather, it requires all APHIS-certified horse industry organizations, which have already been administering penalties as part of their role in enforcing the HPA, to make their penalties equal or exceed minimum levels. The penalties in this final rule increase in severity for repeat offenders to provide an additional deterrent effect for people who have already shown a willingness to violate the HPA.

The final rule will also help ensure a level playing field for competitors at all horse shows.  Previously, as some horse industry organizations have declined to issue sufficiently serious penalties to deter soring, those shows have attracted more competitors than shows where horse organizations have used APHIS’ minimum penalty protocols. With this final rule, competitors now know that inspections and enforcement will take place consistently at all shows they and their horses attend.

Designated qualified persons are trained and licensed by their horse industry organizations to inspect horses for evidence of soring or other noncompliance with the HPA at horse shows, exhibitions and sales. USDA certifies and monitors these inspection programs. For over 30 years, USDA has encouraged self-regulation in the industry by allowing individual organizations to assess penalties for soring violations. But a September 2010 Office of Inspector General audit found that APHIS’ program for allowing the industry’s self-regulation has not been adequate to ensure that these animals are not being abused. One of the recommendations in the audit report was for APHIS to develop and implement protocols to more consistently issue penalties with individuals who are found to be in violation of the HPA.

This final rule requires that suspensions for violating the HPA be issued to any individuals who are responsible for: showing a sore horse; exhibiting a sore horse; entering or allowing the entry of that horse in a show or exhibition; selling, auctioning or offering the horse for sale or auction; shipping, moving, delivering or receiving a sore horse with reason to believe that such horse was to be shown, exhibited, sold, auctioned or offered for sale. This includes the manager, trainer, rider, custodian, seller or owner of the horse, as applicable.

An individual who is suspended will not be permitted to show or exhibit any horse or judge or manage any horse show, horse exhibition or horse sale/auction for the duration of the suspension.

Walking horses are known for possessing a naturally high gait, but in order to be successful in competition their natural gait is often exaggerated.  The exaggerated gait can be achieved with proper training and considerable time; however, some horse exhibitors, owners, and trainers have chosen to use improper training methods to achieve their desired ends.

In September 2010, USDA’s Office of Inspector General (OIG) found deficiencies in APHIS’ horse protection program. One of OIG’s recommendations was that APHIS develop and implement protocols to more consistently penalize individuals who have violated the Horse Protection Act. APHIS developed a minimum penalty protocol and, in a proposed rule published in the Federal Register on May 27, 2011, proposed requirements to ensure all horse industry organizations follow it.

With Agriculture Secretary Vilsack’s leadership, APHIS works tirelessly to create and sustain opportunities for America’s farmers, ranchers and producers. Each day, APHIS promotes U.S. agricultural health, regulates genetically engineered organisms, administers the Animal Welfare Act, and carries out wildlife damage management activities, all to safeguard the nation’s agriculture, fishing and forestry industries. In the event that a pest or disease of concern is detected, APHIS implements emergency protocols and partners with affected states and other countries to quickly manage or eradicate the outbreak. To promote the health of U.S. agriculture in the international trade arena, APHIS develops and advances science-based standards with trading partners to ensure America’s agricultural exports, valued at more than $137 billion annually, are protected from unjustified restrictions.

Contact:
David Sacks    (301) 851-4079
Lyndsay Cole  (970) 494-7410

from http://www.aphis.usda.gov/newsroom/2012/06/hpa_finalrule.shtml