Oklahoma's Supreme Court says anti-cockfighting law is valid
(Oklahoma City-AP) -- The Oklahoma Supreme Court upheld the constitutionality today of a cockfighting ban approved by voters two years ago.
The ruling overturns a series of district court orders that had blocked enforcement of the ban in several counties, mostly in eastern Oklahoma.
Cockfighting remains legal in just two states: Louisiana and New Mexico.
Oklahoma's high court rejected claims of cockfighting proponents that the law was unconstitutionally vague and deprived people involved in the cockfighting industry of their property without compensation.
Source: http://www.katc.com/Global/story.asp?S=1749900&nav=EyAzLvKQ
Source: http://www.thehometownchannel.com/news/2961969/detail.html
March 30, 2004
Reported by KPLC Staff
Source: http://www.kplctv.com/Global/story.asp?S=1749634&nav=0nqxLv5p
Man held on a charge of cruelty to animals
SANTA FE — A Santa Fe man Monday remained the only person charged in connection with an illegal cockfighting event.
(Columbus)
- A Senate committee today approved a bill to make Michigan the 40th
state to allow dove hunting. A
Senate floor vote is imminent.
Sportsmen are urged to contact their senators in support of the bill
today.
The Senate Judiciary Committee passed House Bill 5029 by a vote of 4 to 3. The bill authorizes the Michigan Department of Natural Resources to establish a dove season. The bill was amended to allow the creation of a $2 dove stamp with fees being split equally between game and non-game funds.
<snip>
Source: http://www.ussportsmen.org/interactive/features/Read.cfm?ID=1284
This modest proposal is
intended to benefit fish and wildlife and their habitats around the world.
Coincidentally, it should strengthen the authority of other nations to manage
their own natural resources for the benefit of their own citizens and, by
example, reaffirm the wisdom of managing natural resources at the lowest level
of government. This latter matter, governance at the lowest level of day-to-day
things is what we are seeing disappear to our Federal government and the UN.
Perhaps the place to start reversing this trend and reestablishing the balance
and system laid down by our Founding Fathers is by helping those nations whose
resources we use, to restore and manage those resources for THEIR benefit as
well as ours.
If you agree, please share this with a friend and bring it
to the attention of lawmakers. Thanks.
Jim Beers
A POSITIVE
PROPOSAL TO AFFIRM ANIMAL OWNERSHIP
AND ENVIRONMENTAL MANAGEMENT
By James M. Beers
Given at the National Animal Interest
Alliance Conference
Washington, DC
28 March 2004
It is a proven maxim in sports that you cannot win a
game if you only play defense. I suggest that playing defense is what we have
been doing for 30 years. By “we” I mean pet owners, hunters, natural resource
managers, and renewable resource users from loggers to trappers, and animal
users from rodeo riders to taxidermists. We have allowed politicians,
bureaucrats, academicians, and a broad spectrum of allied environmental and
animal rights non-government organizations (NGO’s) to force us into countering
numerous and consecutive challenges designed to control us, our environment, and
our interface with animals. This has caused us to work constantly to preserve
access to our public lands, active management of our renewable natural
resources, and our property rights (both public and private) in plants and
animals. It has diverted us from increasing and utilizing our knowledge,
experience, and ability (greater than any other period in the history of the
world) to create and maintain a diverse environment as we utilize and enjoy the
plants and animals that compose it.
The United States’ model of
government has been largely responsible for our progress and relative strength
for over 200 years. Our unique division of government powers and the delegation
of specific governmental responsibilities plus our affirmation of private
property rights and citizen rights to publicly held properties are major reasons
for our success. It is a fact that recent legislation such as the Endangered
Species Act, the Marine Mammal Protection Act, and the Animal Welfare Act has
taken Constitutional responsibilities assigned to State governments and
transferred them steadily to the Federal government. These Acts have diminished
private property rights, dramatically decreased citizen access to public
property, and diminished the management of natural resources for renewable
returns. The substitution of Federal authority for a wide range of specific
authorities and jurisdictions placed at the State level by our Constitution is
the basic tool of those who would deny a wide range of traditions and rights
from dog breeding and pet ownership to hunting and animal husbandry.
The above mentioned reconfiguring of State/Federal jurisdictions
and the concomitant reduction of property rights in resources, animals, and the
environment has been mimicked by the United Nations (UN.) At the international
level, treaties like the Convention on International Trade in Endangered Species
(CITES) and forums like the International Whaling Commission account for a
similar transfer of the sovereign authority of independent nations. The
authority of individual nations to manage their plants and animals for the
benefit of their citizenry lies more and more with UN representatives, UN
bureaucrats, and appointed commissions. These latter, like their US Federal
counterparts overshadowing State authorities, substitute their new authorities
for the former authorities of independent and sovereign nations. Like States in
the United States, UN member nations (particularly in the 3rd World,) have
increasingly witnessed the management and disposition of their renewable natural
resources become subject to this “higher” level of government. These “higher”
levels of government represent a swirl of agendas, few of which relate to or
respond to the needs and desires of the citizens of those individual nations
whose resources they manage.
The most successful and purposeful
restorations of fish and wildlife in the world have occurred in the United
States. These restorations, in the midst of unprecedented economic expansions
and strong human population increases, are due not to increased Federal
authorities or increased Federal land acquisition, or increased Federal
spending. These restorations have occurred over the past 70 years thanks in
large measure to State governments exercising their Constitutional authorities
over their own wild and domestic plants and animals. These spectacular
management success stories (deer, turkeys, elk, Great Lakes fisheries, otter
restorations, and on and on) result from our “lowest” level of government (i.e.
the States) meeting the needs of and being responsive to their residents as
opposed some contrived national agenda or international notions. Because the US
Federal government is more remote, and therefore less responsive to citizens,
they were not given such authorities historically under our Constitution. No
small credit for the success of these State-led restorations of fish and
wildlife and plants can be assigned to the money made steadily available for
over 70 years for these purposes. The Federal government has played a major
support role in assuring the flow of a significant portion of the funding used
by the States for these restorations.
Beginning in the 1930’s
the Federal government collected an excise tax on arms, ammunition, and certain
hunting equipment. The collection and use of these funds was the idea of hunters
seeing declining wildlife populations and habitat. They devised a voluntary
user-pays scheme to finance the restoration and management of all wildlife and
to assure that hunting seasons remained a feature of future American generations
and traditions. Today, over $800 million per year go for these purposes. The
funds are allocated to each State’s conservation agencies for approved,
cost-shared projects based on the population, land area, and hunting and fishing
license revenues of each State. Not only did these funds make possible the
biological successes previously noted; they affirmed State jurisdictions and
authorities over the renewable management programs for natural resources within
their State. The advent of Acts like the Endangered Species Act has steadily
shifted this balance of authority to the Federal government with ill effects.
I propose that a similar effort by the government of the US
today, on behalf of the international fish and wildlife users in the United
States would benefit those nations whose living natural resources we utilize. I
also believe it would generate unforeseen and wide-ranging benefits to national
and international wildlife resources and to developing nations. Here’s how it
could work.
1.) Congress would fund a one-year Report (with
recommendations) that outlines what American groups import how much at what
value and what kinds of fish, wildlife and plants from which foreign nations.
Live specimens, products, and parts would all be included. This information is
already collected today on required importation forms at each port-of-entry.
Major organizations representing American importers (tropical fish, birds,
trophies, etc.) would be asked to participate in and comment on the Report. It
is to be expected that, like American hunter’s 70 years ago, they would support
to the restoration and management of habitats and animals of these foreign
nations while comprehending the benefit to themselves in the court of public
opinion. This Report would be the basis for Congress to pass implementing
legislation.
2.) The Report would define how to compute the value to be
reported in the future on the importation forms in such a way that a fair and
nationally agreed-to value statement could form an equitable basis from which to
establish the excise tax to be collected.
3.) The Report would detail
the recommendations of these importers to a recommended excise tax amount
(4-to11%?) as well as the disposition of available funds in countries of origin.
Estimates of expected revenues should help Congress decide the best level of
excise tax based on importer recommendations and funds generated for various
countries. As with the all-inclusive excise taxes collected on arms and
ammunition, the cost impact is borne equally by American users of these
resources. This increases values and costs equally thereby not generating an
advantage to any particular person or faction.
4.) The Report would
recommend a financial system to collect the excise tax and place them in an
account specifically earmarked for the country of origin. Those nations
providing fish, wildlife, plants, and their products and parts would be invited
to sign cooperating agreements to gain access to these funds. Excise taxes
collected from nations not participating in the program could be made available
to those nations that do participate on some equitable basis.
5.) These
earmarked funds would be made available (annually?) to each participating
country of origin for approved wildlife restoration projects. Defining allowable
uses of the funds is a particularly important and sensitive area. In recent
years in the US, groups committed to eradicating all resource uses and resource
management attempted to gain control of these funds to force States to become
surrogates to enact radical agendas. Similarly, Federal bureaucrats who share
these radical agendas or who have become increasingly superior in demeanor to
State resource managers have tried to step in years after States have used the
funds to acquire lands and impose “new” requirements such as forbidding dog
field trials on such lands. Avoiding the temptation for Federal or UN
bureaucrats or anti-management NGO’s to influence the use these funds in order
to manipulate these nations in new ways is a challenge that, if not achieved in
implementing legislation, would make the failure to authorize this effort the
best option. Wildlife restoration projects eligible for funding should be
defined carefully. Positive projects to encourage education of wildlife
managers, operation and maintenance of wildlife areas, amelioration of wildlife
harm or damages, wildlife studies, and other such proactive management proposals
are what should be allowed. Advancing the restoration and preservation of
wildlife as those nations develop their economies and the welfare of their
citizens is what must be achieved if wildlife and wild places are to found far
into the future. This is what has been achieved in the US and is possible for
these nations today if effective and consistent management programs are
implemented.
6.) Funds would be applied for (after a standard agreement
is signed between the US and each benefiting nation) on a standard format. Cost
sharing (5-to15%?) would be best in order to assure the nation recognizes a
stake in and responsibility for the proposed use of the funds. There are funds
owed to the US by many nations that can only be paid in the currency of those
nations. Cost sharing for wildlife projects may be an admirable use of these
funds.
7.) Enforcement of the use of the funds (a serious concern with
certain nations as it was with certain States 70 years ago) is a relatively
simple matter. Routine audits (or more often anonymous information) that reveal
diversion of funds generate a request from the US to rectify the misuse of funds
or face the cessation of any future funding. Generally the threat of ceasing
future funding is more than adequate to assure correction of abuses and better
performance in the future. The disposition of future excise tax revenues from
cooperating nations that do not rectify misuses could be added to excise taxes
collected from nations without an agreement and added to the cooperating
nations’ accounts on an equitable pro-rated basis. Wild acreage, species present
and human population could be used to pro-rate such funds to the accounts of
other cooperating nations.
8.) Administration of these funds by a US
Federal agency, like the administration of such funds to the States, should be
financed by a strictly defined amount of money and personnel with definite
parameters of administration. The money to finance administration would probably
best be withdrawn on a pro-rated basis from all collected excise taxes. All this
is necessary to avoid the significant abuses of such funding perpetrated by
Federal bureaucrats during the 1990’s from funds intended for the States. This
means that the program pays for itself, here in the US. An amount one-half to
two-thirds of the amount currently utilized to administer the State’s excise tax
allocation would be adequate to administer this self-funded program.
This proposal would create value for renewable management of
valuable natural resources and form a basis and incentive for preservation of
wild places as nations develop their societies. It would also strengthen a sense
of national responsibility in developing nations to manage their own natural
resources as they expand their economies and human populations. This approach is
based on a proven US model under similar circumstances.
Previous
discussions of this subject with various individuals and groups have led me to
expect both opposition and support.
Opposition can be expected
from environmental and animal rights groups whose influence over Federal and UN
bureaucracies and politicians would be jeopardized by strengthening developing
nations’ abilities to manage their own resources for their own citizens.
Likewise, the environmental and animal rights NGO’s would have reduced influence
over poorer nations that would have alternative sources of income to manage
their national resources for their own needs. Federal and UN bureaucrats will be
expected to oppose this proposal because it would reduce their justification for
more money and people to “administer” these nations’ resources. Developed
nations’ international representatives from Europe and the US to Canada,
Australia, and New Zealand would be likely to resist a strengthening of the
sovereign ability of other nations to manage their own resources for themselves.
This is because it would directly reduce their influence over the natural
resources of these nations and the nations themselves that is being exercised
through UN mandates and requirements. These requirements and mandates are
largely conceived and implemented by coalitions of certain delegates from these
developed nations and environmental and animal rights lobbyists skillfully
manipulating these international forums and authorities.
I
suspect that University academics that have played a prominent role in
justifying the agendas of environmental and animal rights organizations over the
past 30 years would both support and oppose this effort. Currently prominent
academics benefiting from grants and influence under existing acts would be
opposed for many of the reasons mentioned above. Others academics would
certainly emerge to lend support to this proposal. These latter would be
professors and institutions that see opportunities to educate foreign wildlife
managers and develop scientific recommendations for the effective use of scarce
funding for active management and use of natural resources (a phenomenon being
currently diminished to our detriment in the US.) Similar bifurcation would be
expected from American conservation NGO’s that are comfortable with the status
quo and who will likely be slow to detect benefit to themselves. This will be
resolved when members understand what is at stake and demand support from their
organization.
A wide band of supporters is to be expected.
Wildlife importers and users of foreign wildlife and plants should see the
benefit of being able to say (as hunters and fishermen have for 70 years) that
they voluntarily tax themselves to replace the natural resources they use by
assuring sound and renewable management programs for those resources. Animal
owners and natural resource users in the US should understand that strengthening
national rights to manage natural resources affirms the property rights of
nations against usurpation by higher and less accountable government levels.
This proposal will indirectly affirm such rights in the US, where higher and
more remote levels of government are usurping States’ rights and property
rights. Private property owners have a stake in reversing the migration of
natural resource management jurisdiction to ever higher and less accountable
government levels where mischief against and schemes to undermine property
rights are rampant. Public property users from recreational users to hunters and
loggers should rally to support this effort to reverse the upward migration of
legal authorities to central controls run by remote bureaucrats unknown to users
and the citizenry. Reversing this trend internationally can only serve as a
model of effectiveness and impetus for reestablishing these same authorities in
the more responsive State governments. All US citizens who understand that our
system of keeping day-to-day authorities at the lowest level of government and
not allowing the development of strong centralized powers should see the wisdom
and benefit of this proposal. It should go far toward helping us to appreciate
the benefits of historical Constitutional jurisdictions in this country while
allowing developing nations to benefit from the unique vision of our Founding
Fathers as we have done for over 200 years.
Finally, I have been
asked to mention how I believe we can get “better science” for environmental
decisions.
It is my considered opinion that “better science” is
the current camouflage net or fig leaf to cover the scandalous environmental and
animal laws, court decisions, and bureaucratic abuses of the past 30 years.
“Science” tells us forcibly reintroduced predators don’t decrease game species
while reintroduced wolves decimate elk and deer herds. These same government
“scientists” justify Federal controls of unmanaged mountain lions in California
to save Listed bighorn sheep (only in California) because “depredation by
mountain lions” is causing sheep numbers to plummet. There are hundreds of such
examples of purposeful “science” contradictions, let alone “better science,”
being utilized as propaganda for agendas from increasing Federal authorities and
making state governments irrelevant to eliminating hunting, logging, and public
land use and management. I believe that the role of “science” in government
decision-making needs to be more critically evaluated and given less weight in
most instances.
Science and those who labor in its’ fields are
facts and fact-gatherers. The facts with which they are familiar should be given
to the public and elected representatives to allow them to weigh those facts
with other facts such as the general welfare of citizens, current national and
international situations, economic considerations, legal systems, and other such
things as may be relevant. Science should not dictate or declare that only Pre-
Columbian species belong here or that Invasive Species (non-natives) are
inherently bad and do not belong there. Science should not justify locking up
public energy resources under public lands in the midst of national need.
Science should not twist and contort facts to justify Listings of spurious
groupings of plants and animals in order to implement agendas to stop beneficial
human endeavors or deny diverse groups of citizens their traditional and
cultural rights as well as their Constitutionally guaranteed freedoms. Rather,
science should be offering factual descriptions, practical alternatives, and
applied solutions to permit decision-makers from politicians and judges to
fair-minded bureaucrats to preserve and strengthen our society and precious way
of life.
It is, perhaps, naive of me to oppose “better science.”
As long as science justifies budget and power increases for bureaucracies,
science will be manipulated. As long as science backs up the environmental
“concerns” of politicians vying for votes, science will be slanted. As long as
specific philosophies are what we reward with grants and prestige, some
scientists will succumb. As long as environmental and animal rights’ agendas
generate money and tenure for cooperative scientists, propaganda for radical
agendas will receive a patina of scientific justification.
The
proposal put forth in this presentation, collection of excise taxes from
imported fish, wildlife, and plants for allocation to countries of origin for
restoration and management of natural resources, may be a partial answer to the
question of obtaining “better science.” I can think of no better answer than
establishing positive public monetary incentives to return the active management
of natural resources to national and international priority. For too long, our
willingness to play only defense in our confrontation with hostile agendas has
resulted in a steady retreat from active resource management to a wasteful and
biologically damaging “no-management, no-use, lock-it-up and throw the key away”
approach to environmental management. The biological and citizen rights impacts
of these agendas have been devastating to not only trees and animals but to the
very fabric of our society. Our government structure, like the sovereign
authority of developing nations, is being dramatically changed for the worse.
The answer to these issues may lie partially with a return to positive
management, responsive government, and a reliance on the tried and true lessons
of American history.
James M. Beers
21 March
2004
This proposal and other recent articles by Jim Beers can be
found at
http://www.allianceforamerica.org/bb/viewforum.php?f=91
Jim Beers is available for consulting or to speak. Contact:
JimBeers7@earthlink.net
Source:http://www.allianceforamerica.org/bb/viewtopic.php?t=1694&sid=f9830bbd8c19b8191a13fc9799d90073