5th Update - KEEP IT UP and ODNR Comments

First of all, thanks to everyone who's called/emailed/sent letters regarding Emergency Rule 1501:31-19-05 currently in place in Ohio; also, thanks to everyone who's contacted us to be added to the List of Opposition. The encouraging news is, we are making some progress. On Tuesday of this week, the Governor's office instructed the ODNR *not* to file the permanent rule which the ODNR was planning to file with JCARR that day. Before anybody gets too excited about that -- it doesn't mean we've won. It does, however, mean the Governor is listening to our concerns, which is what we asked him to do.

 

The next order of business is for everyone to get on the ODNR website and enter your comments on this rule (refer to my earlier emails if you need suggestions on what to say). Again, be polite but firm. If the rule directly affects you or your business, explain that; if you don't live in Ohio but do business in Ohio, explain that. If it affects you as a non-commercial owner, explain that. The website address is:

 

http://ohiodnr.com/tabid/23166/Default.aspx

 

When you go to the website, you will see ODNR's "official position" at this time.

 

We cannot afford to let up; we must keep the pressure on. If you haven't called or emailed the Governor's office yet, please do so immediately. The person to contact in the Governor's Office of Constituent Affairs is:

 

Michael DuChesne (pronounced Doo-Shay)

Phone: (614) 644-0829

email: michael.duchesne@governor.ohio.gov

 

We now have a better contact at the Governor's office. Even if you've already called and/or emailed, please take a few minutes and do it again. Michael DuChesne is telling us that his phone has been flooded with calls on this issue; we need to keep the pressure on!

 

 

Please call Michael DuChesne (pronounced "Doo-Shay") at the Governor's Office immediately. We cannot afford to wait. The number to call is (614) 644-0829. You may get an answering machine; if so, leave a detailed message outlining your concerns and providing your name and phone number for a return call. If you get to speak to a real person, write down his/her name for future reference. As always, be polite but firm. Even if you called the number in our previous emails, you need to call this new number now.

We knew that outgoing Governor Strickland promised HSUS he would ban exotic animals in Ohio. He made his parting shot at us on January 6 when he signed his "emergency executive order" to accomplish that. The ODNR followed up the very next day by filing an "emergency rule" that expands even farther on the executive order by adding more animals to the "banned" list. Although the order and rule are only good for 90 days, a lot of damage can be done to our industry and our pocketbooks during those 90 days. It's time to go to work -- right now. We must get this overturned in order to protect our industry. The new ODNR Director could file this as a permanent rule, in which case we will need members to testify at the ODNR public hearing and, if necessary, at the subsequent JCARR hearing; but we can prevent this if we can persuade Governor Kasich to revoke the emergency order and to instruct Director Mustine to withdraw the emergency rule.

 

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Here, very briefly, are the points you need to address:

 

1. This is a power grab by the ODNR to seize control of, and ultimately shut down, Ohio's exotic animal industry. This is not the first time the ODNR has attempted to do this. 

 

2. Ohio Revised Code Section 1531.02 clearly shows the ODNR does not have statutory authority over exotic animals. It states: "The ownership of and the title to all wild animals in this state, not legally confined or held by private ownership legally acquired, is in the state, which holds such title in trust for the benefit of all the people..."  Governor Strickland chose to leave out the part about animals that are legally acquired, confined and held by private ownership. The ODNR has no authority over non-native/exotic animals, so the emergency rule is flawed and will most likely be overturned if and when a permanent rule is filed with JCARR (Joint Committee on Agency Rule Review). Governor Strickland lied, and the former ODNR administration was willing to participate in this Governor-ordered power grab.

 

3. The order exempts AZA- and Global Federation of Animal Sanctuaries- accredited facilities. Both are private corporations with financial links to HSUS. The emergency order is unconstitutional and creates a monopoly for those two corporations, while shutting down the other USDA- and ODNR-licensed facilities that have these types of animals; that includes the drive-through animal parks, private zoos, and licensed breeders/dealers/exhibitors throughout Ohio. In Governor Strickland's own words last fall, the exotic animal industry is a 12.5 billion dollar/yr industry in Ohio. His emergency order will shut down a large part of that 12.5 billion dollar industry. Ohio cannot afford more job loss.

 

4. There is no exotic animal emergency in Ohio. Licensed animal owners, breeders and exhibitors have safely and securely kept these animals for many, many years and are subject to regular, unannounced government inspections to ensure that the public and the animals are not at risk. This emergency order is fueled by animal rights extremism and scaremongering, and it is a direct attack on commerce and private enterprise in Ohio. This order was not requested by a government agency (the ODNR) as Governor Strickland indicates in paragraph 5 of the emergency order; it was agreed to by HSUS, Ohio Farm Bureau, and the Governor himself, and only then did the ODNR draft their "emergency rule".

 

5. Exotic animal owners throughout Ohio rallied to vote Ted Strickland out of office, due to his "back-door deal" with HSUS. We voted Governor Kasich in, convinced that he would not honor that back-door deal. We now appeal to him to immediately revoke this emergency executive order which will cripple the exotic animal industry in Ohio, and to instruct ODNR Director Mustine to withdraw the ODNR's emergency rule #1501:31-19-05.

 

Action required:

 

1. Call Michael DuChesne at (614) 644-0829 with the above information. Put it in your own words, tailor it to your operation, and do it now. Don't wait!

 

 

Polly Britton
Legislative Agent

Ohio Association of Animal Owners

 

We now have a better phone number for Governor Kasich's office. We also have the phone number and email address for new ODNR Director David Mustine and will send that to you next, in a separate email.

 

Please call the Governor's Office of Constituent Affairs immediately. We cannot afford to wait. The number to call is (614) 644-4357. You may get an answering machine; if so, leave a detailed message outlining your concerns and providing your name and phone number for a return call. If you get to speak to a real person, write down his/her name for future reference. As always, be polite but firm. Even if you called the number in our previous email of Jan. 7, you need to call this new number now.

We knew that outgoing Governor Strickland promised HSUS he would ban exotic animals in Ohio. He made his parting shot at us on January 6 when he signed his "emergency executive order" to accomplish that. The ODNR followed up the very next day by filing an "emergency rule" that expands even farther on the executive order by adding more animals to the "banned" list. Although the order and rule are only good for 90 days, a lot of damage can be done to our industry and our pocketbooks during those 90 days. It's time to go to work -- right now. We must get this overturned in order to protect our industry. The new ODNR Director could file this as a permanent rule, in which case we will need members to testify at the ODNR public hearing and, if necessary, at the subsequent JCARR hearing; but we can prevent this if we can persuade Governor Kasich to revoke the emergency order and to instruct Director Mustine to withdraw the emergency rule.

 

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

Here, very briefly, are the points you need to address:

 

1. This is a power grab by the ODNR to seize control of, and ultimately shut down, Ohio's exotic animal industry.

 

2. Ohio Revised Code Section 1531.02 clearly shows the ODNR does not have statutory authority over exotic animals. It states: "The ownership of and the title to all wild animals in this state, not legally confined or held by private ownership legally acquired, is in the state, which holds such title in trust for the benefit of all the people..."  Governor Strickland chose to leave out the part about animals that are legally acquired, confined and held by private ownership. The ODNR has no authority over non-native/exotic animals, so the emergency rule is flawed and will most likely be overturned if and when a permanent rule is filed with JCARR (Joint Committee on Agency Rule Review). Governor Strickland lied, and the former ODNR administration was willing to participate in this Governor-ordered power grab.

 

3. The order exempts AZA- and Global Federation of Animal Sanctuaries- accredited facilities. Both are private corporations with financial links to HSUS. The emergency order is unconstitutional and creates a monopoly for those two corporations, while shutting down the other USDA- and ODNR-licensed facilities that have these types of animals; that includes the drive-through animal parks, private zoos, and licensed breeders/dealers/exhibitors throughout Ohio. In Governor Strickland's own words last fall, the exotic animal industry is a 12.5 billion dollar/yr industry in Ohio. His emergency order will shut down a large part of that 12.5 billion dollar industry. Ohio cannot afford more job loss.

 

4. There is no exotic animal emergency in Ohio. Licensed animal owners, breeders and exhibitors have safely and securely kept these animals for many, many years and are subject to regular, unannounced government inspections to ensure that the public and the animals are not at risk. This emergency order is fueled by animal rights extremism and scaremongering, and it is a direct attack on commerce and private enterprise in Ohio. This order was not requested by a government agency (the ODNR) as Governor Strickland indicates in paragraph 5 of the emergency order; it was agreed to by HSUS, Ohio Farm Bureau, and the Governor himself.

 

5. Exotic animal owners throughout Ohio rallied to vote Ted Strickland out of office, due to his "back-door deal" with HSUS. We voted you in, Governor Kasich, convinced that you would not honor that back-door deal. We now appeal to you to immediately revoke this emergency executive order which will cripple the exotic animal industry in Ohio, and to instruct ODNR Director Mustine to withdraw the ODNR's emergency rule #1501:31-19-05.

 

Action required:

 

1. Call Governor John Kasich at (614) 644-4357 with the above information. Put it in your own words, tailor it to your operation, and do it now. Don't wait!

 

We will be sending out another email shortly, providing the contact information for new ODNR Director David Mustine. It's up to us to make Governor Kasich understand the ramifications of this emergency order so that he'll revoke it.

 

 

Polly Britton
Legislative Agent

Ohio Association of Animal Owners

 

 

We now have the phone number (614-265-6879) and email address (david.mustine@dnr.state.oh.us) for new ODNR Director David Mustine.

 

Please call ODNR Director David Mustine immediately. We cannot afford to wait. The number to call is (614) 265-6879. You may get an answering machine; if so, leave a detailed message outlining your concerns and providing your name and phone number for a return call. If you get to speak to a real person, write down his/her name for future reference. As always, be polite but firm. Once you've called, follow up with an email to Director Mustine at david.mustine@dnr.state.oh.us

 

We knew that outgoing Governor Strickland promised HSUS he would ban exotic animals in Ohio. He made his parting shot at us on January 6 when he signed his "emergency executive order" to accomplish that. The former ODNR administration followed up the very next day by filing an "emergency rule" that expands even farther on the executive order by adding more animals to the "banned" list. Although the order and rule are only good for 90 days, a lot of damage can be done to our industry and our pocketbooks during those 90 days. It's time to go to work -- right now. We must get this overturned in order to protect our industry. The new ODNR Director could file this as a permanent rule, in which case we will need members to testify at the ODNR public hearing and, if necessary, at the subsequent JCARR hearing; but we can prevent this if we can persuade Director Mustine to withdraw the emergency rule. 

 

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

Here, very briefly, are the points you need to address:

 

1. This is a power grab by the former ODNR administration to seize control of, and ultimately shut down, Ohio's exotic animal industry.

 

2. Ohio Revised Code Section 1531.02 clearly shows the ODNR does not have statutory authority over exotic animals. It states: "The ownership of and the title to all wild animals in this state, not legally confined or held by private ownership legally acquired, is in the state, which holds such title in trust for the benefit of all the people..."  Ex-Governor Strickland chose to leave out the part about animals that are legally acquired, confined and held by private ownership. The ODNR has no authority over non-native/exotic animals, so the emergency rule is flawed and will most likely be overturned if and when a permanent rule is filed with JCARR (Joint Committee on Agency Rule Review). Ex-Governor Strickland lied, and the former ODNR administration was willing to participate in this Governor-ordered power grab.

 

3. The order exempts AZA- and Global Federation of Animal Sanctuaries- accredited facilities. Both are private corporations with financial links to HSUS. The emergency rule is unconstitutional and creates a monopoly for those two corporations, while shutting down the other USDA- and ODNR-licensed facilities that have these types of animals; that includes the drive-through animal parks, private zoos, and licensed breeders/dealers/exhibitors throughout Ohio. In ex-Governor Strickland's own words last fall, the exotic animal industry is a 12.5 billion dollar/yr industry in Ohio. The emergency rule will shut down a large part of that 12.5 billion dollar industry. Ohio cannot afford more job loss.

 

4. There is no exotic animal emergency in Ohio. Licensed animal owners, breeders and exhibitors have safely and securely kept these animals for many, many years and are subject to regular, unannounced government inspections to ensure that the public and the animals are not at risk. This emergency rule was fueled by animal rights extremism and scaremongering, and it is a direct attack on commerce and private enterprise in Ohio. This rule was not requested by the ODNR as ex-Governor Strickland indicated in paragraph 5 of the emergency executive order; it was the other way around. The ex-Governor, HSUS, and Ohio Farm Bureau made a "back-door deal" on 6/30/2010, and then ex-Governor Strickland ordered the ODNR to draft the rule. Ex-Governor Strickland bypassed the legislature and JCARR, and abused his authority as Governor by declaring an emergency where no emergency exists.

 

5. Exotic animal owners throughout Ohio rallied to vote Ted Strickland out of office, due to his "back-door deal" with HSUS. We voted John Kasich in, convinced that he would not honor that back-door deal. We now appeal to you to immediately revoke emergency rule #1501:31-19-05 which will cripple the exotic animal industry in Ohio.

 

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Action required:

 

1. Call Director David Mustine at (614) 265-6879 with the above information. Put it in your own words, tailor it to your operation, and do it now. Don't wait!

 

2. Follow up with an email to Director Mustine at david.mustine@dnr.state.oh.us

 

 

Polly Britton
Legislative Agent

Ohio Association of Animal Owners