

Oppose
HR 817 and S 382
Make it a federal
felony instead of a misdemeanor for anyone who transports a game fowl in
interstate or foreign commerce for the purposes to exhibit a game fowl in a
fighting venture even in a state where the activity is legal (e.g. Louisiana and
New Mexico)…
HSUS
successfully lobbied for passage of a provision which would already make it a
misdemeanor for anyone who transports a game fowl in interstate or foreign
commerce for the purposes to exhibit a game fowl in a fighting venture. This legislation was snuck into the 2002
Farm Bill and never received a Congressional Mark-up in either the House or
Senate Agriculture Committee. Now
HSUS, the same organization that wants to put an end to animal agriculture,
sport hunting, grey hound racing, trophy hunting, and rodeos just to name a few,
wants to trample further on states rights by making it a felony for anyone
transporting or selling a game fowl in interstate or foreign commerce engaged in
a fighting venture, even when that venture is legal in a state or foreign
country.
Reasons
why the UGBA opposes this anti-states’ rights
legislation:
10th
Amendment: This
legislation tramples on state’s rights by denying game fowl breeders the ability
to travel to a fighting venture in a legal state like Louisiana and New
Mexico. Because HSUS cannot win at
the State level (legislation targeting this industry at the respective states
has been defeated in the legislatures), it has now targeted the federal level as
a means to end an industry it opposes.
HSUS
destroying the economic livelihood of rural America: For many
of our members, game fowl breeding is a way of life and contributes
significantly to their family’s income, i.e. sales of game fowl. The equipment sales for farms, feed for
chickens, and transportation related activities (airlines, car fuel, hotels,
etc…) also contribute to the economic fabric of the community.
Health: By supporting the increase in penalties
for the new federal law, you are only forcing more breeders to go underground
and thus making it more difficult for associations like the UGBA to monitor
gamefowl for good poultry health.
Federalizing
Animal Rights: By supporting the animal rights groups’
(HSUS and PETA) federal attempts to legislate the industry, you could be helping
them open the door to criminalizing other lawful activities involving
interaction with animals such as hunting, fishing, trapping, rodeos and horse
racing. Wayne Pacelle, HSUS CEO,
has stated in the past that “our goal is to get sport hunting
in the same category as cockfighting and dogfighting. Our opponents say that hunting is a
tradition. We say traditions can
change” (Bozeman Daily Chronicle, Oct. 8,
1991).
Court
Challenge: This
public law has been legally challenged by the United Gamefowl Breeders
Association (UGBA) in the U.S. Western District of Louisiana. The Judge has ruled in favor of the UGBA
by finding that they have standing to go to trial. The UGBA believes since the federal
courts have found that the UGBA has standing to go to trial, we should at least
allow the courts to now decide what Congress has already acted on in P.L.
107-171.
For
these reasons, we respectfully ask for your opposition to HR 817 and S
382!
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The United Gamefowl Breeders Association (UGBA) was founded in 1975 to represent the interest of gamefowl breeders across the nation. The UGBA currently represents over 100,000 gamefowl breeders in America and 15,000 dues-paying members in 33 states. The UGBA’s primary mission is to exchange better methods and ideas toward the perpetuation and improvement of the various breeds of gamefowl, to improve marketing methods, to cooperate with Universities and other agencies in poultry disease control, and to further develop and enhance the general good health of gamefowl.
By Desma Montellano
Mar 10, 2005,
State Rep. Dona Irwin, D-Luna County, chose not to vote on House Bill
878, the "prohibit cockfighting" bill currently in the Senate Conservation
Committee. The bill passed the House with a 50-15 vote, early last week.
Irwin said her reasoning for not placing a vote, a choice which was a first
for her as representative, was to be true to her constituents.
"I didn't
vote, and the reason why is because I had as many calls and notes for it, as I
had against it," Irwin said. "It wasn't that I was in favor of it or not... I
listened to what everybody said to me.
"If it had been real one-sided, if
everybody had contacted me for it, I could have voted, but it wasn't that way.
It was a split, and that made it a real tough decision for me," she said.
Smith said he is not aware of when the bill will cross the Senate floor. He
has recently been working with appropriation bills in the Finance Committee, and
education-retirement legislation.
"If it ever gets out of the Conservation
Committee, it will fly on the (Senate) floor just like it did on the House
side," Smith said. "I haven't heard a word from my constituents. I probably
won't know how I'll vote until I see it, and listen to the debate on the floor.
"That's when I'll make my decision (after debate)," he said.
Currently,
fighting roosters is legal in New Mexico, although counties can choose to make
restrictions. House Bill 878 would make cockfighting a fourth-degree felony,
which carries up to 18 months jail-time, a $5,000-fine or both.
Someone
guilty of "extreme cruelty" would be charged with the fourth-degree felony if he
causes, sponsors, arranges, holds or participates in a fight between dogs or
cocks (adult male of domestic fowl), for monetary gain or entertainment.
Participation in a fight means an adult knowingly:
• being present at the
fight without attempting to interfere or stop the contest
• owning or
equipping one of the participating animals with knowledge of the
contest.
"Cruelty to animals" would mean negligently mistreating, injuring,
killing (without lawful justification), or tormenting an animal, and abandoning
or failing to provide necessary sustenance to an animal under the person's
custody or control.
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