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  • From: Mustang Blue <mustang_blue_wy@yahoo.com>
  • To: msar-riders@lists.ibiblio.org
  • Subject: Re: [MSAR] NAIS (OT)
  • Date: Fri, 16 Feb 2007 10:23:00 -0800 (PST)

I am one of those horse owners that is fighting diligently against NAIS!  Don't be fooled! It WILL NOT be voluntary! Once in, you can't get out! USDA didn't want to mess with it anymore, so put it to individual states to get "100%" voluntary compliance, or stand loosing state funding.
Read the small print on the USDA website! Read it THOROUGHLY.
 
Then go to:
 
why this program violates the US Constitution:
http://reliableanswers.com/politics/nais.asp
 www.nonais.org  
 
http://usda.reallybites.com/
 
http://www.backwoodshome.com/articles2/silveira98lw.html

http://www.horsecouncil.org/equineid.htm

http://www.technewsworld.com/story/48097.html
 
Here are two letters I recently received:
"Recently, the USDA changed the National Animal Identification System (NAIS) web page to infer that it is now USDA policy and position that NAIS will be a voluntary system instead of the mandatory system that they have been pushing for several years. However, what is written and what they intend for you to believe are two entirely different things.

As the change is written, it is designed to lead the reader to believe that USDA has changed its policy and position to oppose the mandatory imposition of NAIS. However, that is NOT what their written words mean. Their statement is carefully cloaked in Washington Bureaucratese, designed to keep the average citizen from determining exactly what the bureaucrats intend.

The exact reasons for that inferred change in policy and position have never been publicly stated. However, the nationwide rising tide of anger and grassroots opposition to NAIS, as animal owners realize the magnitude of government interference being foisted on them, probably had much to do with it. The fact that it was occurring in an election year may have also influenced that decision.

The purported change has been expressed in several ways, all designed to convince the uninitiated that they now do not have to worry that NAIS will be forced on them as a mandatory system. By doing so, USDA apparently hopes to defuse the growing opposition to NAIS. Do not be bamboozled by their fancy tap dancing with words. The following analysis will show you what they wrote, and what they probably mean to have you live with.

In the main part of their NAIS web page<http://animalid.aphis.usda.gov/nais/index.shtml> USDA states:

NAIS is currently a voluntary program. To ensure the participation requirements of NAIS not only provide the results necessary to maintain the health of the national herd but also is a program that is practical for producers and all others involved in production, USDA has adopted a phased-in approach to implementation. Although the draft strategic plan references mandatory requirements in 2008 and beyond, to date no actions have been initiated by USDA to develop regulations to require participation in NAIS. APHIS will publish updates to the implementation plan as recommendations are received and evaluated by the NAIS Subcommittee and the Secretary's Advisory Committee on Foreign Animal and Poultry Diseases.

A bit further down the page, USDA added the following statement at the end of October 2006:

The NAIS is a voluntary program and the USDA has no intention of considering regulations at the federal level. The April 2006 Implementation Plan<http://www.libertyark.net/articles/NAIS_Implementation_Plan_April_.pdf> that referenced a contingency option for regulations if participation levels did not reach adequate levels has been discarded to reflect the policy and position of USDA.

In the first part, note that they state that "NAIS is currently a voluntary program." If USDA did not want to leave the door open for you ultimately having to live under a mandatory program, all they had to do was delete the word "currently." As written, what they mean is, "NAIS is currently being sold as a voluntary program, but that does not block us from later turning it into a mandatory program."

Continuing in that same first part, USDA tries to throw the reader off by saying that "Although the draft strategic plan references mandatory requirements in 2008 and beyond, to date no actions have been initiated by USDA to develop regulations to require participation in NAIS." That doesn't mean anything. Bureaucrats establish a program first, then they write the regulations to implement it later on. All this statement shows is that they did not get around to writing any regulations.

Their "out" on a later change to mandating participation is hidden in the following phrase, when they state: "APHIS will publish updates to the implementation plan as recommendations are received and evaluated by the NAIS Subcommittee and the Secretary's Advisory Committee on Foreign Animal and Poultry Diseases." What that statement means is that they will initially try and sell NAIS as a "voluntary" program. When they get full authorization and funding for that part, and get the machinery up and running nationwide, they will then get more "findings and recommendations" from their chosen experts, which will then cause them to "reevaluate" their program and make a new finding that, "to protect us," NAIS must become a mandatory program. Among Washington insiders, this ploy is known as "The Truth Changes." When you protest that NAIS was supposed to be purely voluntary, they respond with "Yes, but we have new information and The Truth Changes."

The second part of the web page quoted above hides even more bureaucratic chicanery.

"The NAIS is a voluntary program and the USDA has no intention of considering regulations at the federal level. The April 2006 Implementation Plan that referenced a contingency option for regulations if participation levels did not reach adequate levels has been discarded to reflect the policy and position of USDA."

This phrasing hides the fact that the USDA's plan - before the April 2006 Plan - specifically called for federal regulations to be proposed last summer, in 2006, to establish a mandatory program throughout the U.S. They then changed the plan to call for a "contingency option" of establishing a mandatory program. As opposition built, and they realized they had no real Congressional approval for such a plan, they decided to use the "Golden Rule" to impose their will upon us. In this ploy, they use federal funding to entice state agencies to do exactly what the federal agency wants, without having to potentially put the feds in the hot seat of having to defend offensive federal regulations. That way, they never have to write federal regulations at the federal level, and they get the state agencies to do their dirty work for them. They probably distribute "model" mandatory rules to state agencies at meetings USDA convenes and pays for. Evidence of this strategy showed up in Texas, when the Texas Animal Health Commission tried to impose rules for a mandatory program. That effort was delayed. Along with Texas, several states have begun to implement mandatory state programs. Included among them are Wisconsin and Indiana which passed regulations for mandatory premises registration. Michigan has the first mandatory RFID tagging system, which is acknowledged to be a precursor to the NAIS in that state, and to be funded with federal money. Many other states, have started to wave the sabre of their broad authority to "protect animal health," and aren't bothering with statutes. All of these states get federal funding, based on how many farms are "voluntarily" registered. This way, the feds get what they want, but will claim it was all the states' doing.

Notice at the end of that segment, USDA states: "... has been discarded to reflect the policy and position of USDA." That is intended to make you believe that a new USDA policy and position opposes mandatory NAIS. However, that is NOT what they wrote. Note that they have not published the "policy and position of USDA." That's because what they intend is to sneak in a nationwide mandatory NAIS, one state at a time, with the dirty work being done by the state agencies. It's the old "Take the King's coin, do the King's bidding!" Even if they do publish such a new policy, remember "policy" is written by bureaucrats, not Congress, and it can be changed back by the bureaucrats at any time.

Part of their deception plan is to have you believe that new political appointees in USDA are making those changes. Remember, many people have gone to Washington, intent on cleaning up that mess, and have failed. Even if it were true that the new guys really want to set up a truly voluntary NAIS, the reality is that USDA is still infected with the bureaucrats who have been trying to shove a mandatory NAIS down our throats for several years. Leopards generally do not change their spots, even if there is a new cat in the jungle - and USDA had not really changed its intention that NAIS be mandatory in every state in the union. They're just paying the state agencies to write the rules and implement it for them.

Do not be misled by soothing words by government officials. Statements by government officials are not enforceable, do not have the effect of law, and are not worth the paper on which they are not written."
 
AND:
"Nais is deffinately not dead, far from it. USDA stating that they are not implementing the NAIS as a mandatory federal program does not mean that they are not still funding state programs that are one by one becoming mandatory. What difference does it make if the USDA refuses to openly make a federal program mandatory when the states are doing it for them? The result is the same, the only difference is that USDA can publicly point the finger at the states and say don't blame us, it's the states that are doing it to you.

One advantage to this, however, is that I feel that state legislators are more accessible to us and may listen more closely to us that those on the federal level. It's also easier to hold a protest, rally, informational meeting, etc. on the local and state levels than it is on the national level. However, this doesn't mean that we don't have to keep bird dogging USDA and stay in touch with our federal reps and senators."

And from another scource....

"Did you know that the USDA has given states over 30 million dollars for 'pilot projects' of this program and it has not even been voted on or approved by Congress?

http://nonais.org/
http://stopanimalid.org/
http://www.noanimalid.com/
http://nonais.org/index.php/2006/03/01/more-usda-fraud/




http://www.kla.org/animal%20id.htm
msar-riders-request@lists.ibiblio.org wrote:
From: "Thor Burfine" <thor@cpcinc.net>
Subject: [MSAR] NAIS and SAR
Date: Thu, 15 Feb 2007 18:21:58 -0600
To: "'Mounted search and rescue'" <msar-riders@lists.ibiblio.org>

First, let me apologize as this is somewhat of a political issue but it does
affect mounted-sar.

How many of you are familiar with the NAIS requirements?

http://animalid.aphis.usda.gov/nais/index.shtml

In Texas
http://www.tahc.state.tx.us/animal_id/index.shtml#registration

I had a good talk with our Ag Extension office the other day and this is
what I found out here in Texas.

Registration is voluntary, if your FFA or 4-H its mandatory if you show
Premise ID stays with the property for ever
If you have a Premise ID all livestock must be registered

Now here is the killer

SAR is not exempt from registry
So here is the problem

We get an ID (it's a national database)
We go on a search
We cross 3 cow pastures on 3 different farms
Owners are unknown/unreachable

We are required to report the 3 farm's premise ID's within 24hrs of
movement
State will not release premise id unless you have the owners full
name
then and only then will they do it if there is no privacy
issues
State of Texas considers a Premise ID as private data
So no there is no way to get or report the premise id.
I can be fined up to $1,000.00 per day per horse until the reporting
is complete

If we could find a way to exempt Mounted-SAR from registry or reporting
would this be something worth fighting for?

------------------------------------
Thor Burfine
Texas Equusearch
Equine Team Leader
ATV Team Leader
Deep Water Recovery Diver
www.texasequusearch.org



From: "IRVIN LICHTENSTEIN" <ilichten1@verizon.net>
Subject: Re: [MSAR] NAIS and SAR
Date: Thu, 15 Feb 2007 19:44:08 -0500
To: "'Mounted search and rescue'" <msar-riders@lists.ibiblio.org>

Every pleasure horse owner in the country is fighting this system. That is
why it is now voluntary. As interpreted in Pennsylvania (which automatically
issued Premises ID to every milk producer, breeder, vet, chicken coop, etc.)
only the final destination has to be reported. This means if I ride off the
property where I board to a public park across the driveway I may not have
moved the animal. However, if go camping I have definitely moved.

This may be the only reason to fight horse slaughter for food in the US-- if
your animal is not in the food chain NAIS may not apply.
The lawyers are going crazy over what is voluntary or required particularly
as an opt out program is now starting for premises but there is no guarantee
that opting out removes your premise from the data base.

It is a system that was not designed and has no requirement to design to.

Irv Lichtenstein



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