Bill Johnson on Environment

Regulate all dog breeders down to kennels of 50 dogs.

Congressional Summary:Amends the Animal Welfare Act to define a "high volume retail breeder" as a person who, in commerce, for compensation or profit: has an ownership interest in or custody of one or more breeding female dogs; and sells more than 50 of the offspring of such dogs for use as pets in any one-year period. Considers such a breeder of dogs to be a dealer.

Promulgates requirements for the exercise of dogs at facilities owned or operated by high volume retail breeders, including requiring daily access to exercise that allows the dogs to move sufficiently in a way that is not forced, repetitive, or restrictive; and is in an area that is spacious, cleaned at least once a day, free of infestation by pests or vermin, and designed to prevent the dogs from escaping.

Opponent's Comments (GSDCA, the German Shepherd Dog Club of America):In the past, legislation has excluded home/hobby breeders. This bill would, for the first time, require home/hobby breeders to follow the strict USDA requirements, such as engineering standards designed for large commercial kennels and not homes. Such regulations would exceedingly difficult to meet in a home/residential breeding environment. If passed, PUPS would disastrously reduce purposely-bred pups for the public.

There is nothing in this bill that changes the status of already known substandard kennel violators. There is no increase in funding for additional inspectors, nor is increased inspection evaluation education included.

Dogs purposely bred for showing, trialing or other events often are not bred for several years due to many different reasons. Some of these dogs may never be bred, yet are included in the count.

Working kennels maintain a large dog population while they are evaluating dogs; if the dogs do not work out for the purpose for which they were intended, they are often sold as pets. This could bring those working/training kennels under USDA regulations.

Stop considering manure as pollutant or hazardous.

Congressional Summary:Amends the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA) to exclude manure from the definition of "hazardous substance" and "pollutant or contaminant" for purposes of such Act. Defines "manure" to mean:

1. digestive emissions, feces, urine, urea and other excrement from livestock;
2. any associated bedding, compost, raw materials or other materials commingled with such excrement from livestock;
3. any process water associated with such items; and
4. any byproducts, constituents, or substances contained in, or originating from, such items or any emissions relating to such items.

Opponent's Comments (Jim Ruen on AgProfessional.com, Oct. 3, 2011): Since when can a fertilizer dealer operate without concern for environmental regulation and impact? Let's face it, we aren't talking about Ma and Pa Kettle with their six milk cows and three sows here spreading a load of manure on the back 40. We are talking about CAFO units with thousands of animals and tens of thousands or more tons/gallons of manure. While a few maybe spreading on their own land, most are selling it to area farmers. At a time when fertilizer dealers and companies have to be conspicuously careful with how they handle product, why shouldn't mega-livestock operators be equally regulated as they sell their "waste" product for its nutrient and soil building value. Since when do commercial N, P and K producers or handlers get a free ride from the EPA...or Congress?

Member of House Natural Resources Committee.

The U.S. House Committee on Natural Resources, or Natural Resources Committee, has jurisdiction over issues of:

• Fisheries and wildlife, including research, restoration, refuges, and conservation.
• Forfeiture of land grants and alien ownership, including alien ownership of mineral lands.
• United States Geological Survey.
• International fishing agreements.
• Interstate compacts relating to apportionment of waters for irrigation purposes.
• Irrigation and reclamation, including water supply for reclamation projects and easements of public lands for irrigation projects; and acquisition of private lands when necessary to complete irrigation projects.
• Native Americans generally, including the care and allotment of Native American lands and general and special measures relating to claims that are paid out of Native American funds.
• Insular possessions of the United States generally (except those affecting the revenue and appropriations).
• Military parks and battlefields, national cemeteries administered by the Secretary of the Interior, parks within the District of Columbia, and the erection of monuments to the memory of individuals.
• Mineral land laws and claims and entries thereunder.
• Mineral resources of public lands, including the Outer Continental Shelf.
• Mining interests generally.
• Mining schools and experimental stations.
• Marine affairs, including coastal zone management (except for measures relating to oil and other pollution of navigable waters).
• Oceanography.
• Petroleum conservation on public lands and conservation of the radium supply in the United States.
• Preservation of prehistoric ruins and objects of interest on the public domain.
• Public lands generally, including entry, easements, and grazing thereon.
• Relations of the United States with Native Americans and Native American tribes.
• Trans-Alaska Oil Pipeline (except ratemaking).

Prohibits breeding or possessing Big Cat species.

• Prohibits any person from importing, exporting, transporting, selling, receiving, acquiring, purchasing, breeding, possessing, or owning any prohibited wildlife species (current law prohibits importing, exporting, transporting, selling, receiving, acquiring, or purchasing such a species in interstate or foreign commerce).
• Defines "breeding" as facilitating the reproduction of prohibited wildlife species (any live species of lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of such species) for commercial use.
• Defines a list of exemptions to such prohibition by authorized persons.
• Includes in the list of persons authorized to import, export, transport, sell, receive, acquire, breed, possess, own, or purchase such species a wildlife sanctuary or a zoo accredited by the Association of Zoos and Aquariums; and a person that is in possession of animals of such species that were born before the date of this Act's enactment.

Establish an International Conservation Strategy.

Requires a report to Congress on existing US international conservation policies and programs to determine the extent to which such programs are:

• addressing natural resource challenges to ensure healthy and sustainable supplies of water, wildlife, fish, forests, plants, and other critical resources;
• advancing US foreign policy priorities in areas such as security, democratization, sustainable food production, and clean water;
• enhancing economic and wildlife conservation benefits derived from properly managed international hunting and angling tourism;
• addressing poaching, illegal logging, fishing, and wildlife trafficking;
• Establishes the Interagency Working Group on Global Conservation to strengthen the capacity of the US to collaborate with other countries, international organizations, the private sector, and private voluntary organizations to conserve natural resources and enhance biodiversity.
• Working Group will establish a International Conservation Strategy to provide a comprehensive plan of action that identifies specific and measurable benchmarks, goals, and time frames
• Prohibits any provision in this Act from being construed as restricting, limiting, or otherwise impairing properly managed recreational hunting and angling, or (2) the ability of any foreign jurisdiction or authority to authorize regulated programs supporting wildlife for local consumption and commercialization.

Rated 13% by HSLF, indicating an anti-animal welfare voting record.

112th Mid-Term Humane Scorecard: The Humane Society Legislative Fund has posted the final version of the 2011 Humane Scorecard, where you can track the performance of your federal lawmakers on key animal protection issues during last year. We rated legislators based on their voting behavior on measures such as agribusiness subsidies, lethal predator control, and the Endangered Species Act; their cosponsorship of priority bills on puppy mills, horse slaughter, animal fighting, and chimps in research; their support for funding the enforcement of animal welfare laws; and their leadership on animal protection. All of the priority bills whose cosponsorships we're counting enjoy strong bipartisan support; in the House, each of the four now has more than 150 cosponsors.

The Humane Scorecard is not a perfect measuring tool, but creating some reasonable yardstick and allowing citizens to hold lawmakers accountable is central to our work. When the Humane Scorecard comes out each year, it helps clarify how the animal protection movement is doing geographically, by party affiliation, and in other categories. It helps us chart our course for animals by seeing where we have been effective, and where we need to improve.

Sponsored no permits for legal pesticide runoff into lakes & streams.

Congressional Summary:Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Clean Water Act (CWA) to prohibit the EPA or a state from requiring a permit for a discharge into navigable waters of a pesticide authorized under FIFRA. Excepts stormwater discharges and discharges of manufacturing or industrial effluent.

Proponent's argument for bill:(Blue Ridge Times-News, April 2013): Sen. Kay Hagan announced a bill to eliminate a "redundant and burdensome" requirement that 365,000 pesticide users get a CWA permit before spraying in or near lakes and streams. Farmers and other chemical users already have to meet stringent requirements for pesticide application under FIFRA, Hagan said, and the CWA permit only adds a duplicative, unnecessary layer of bureaucracy. Hagan said the "overlapping regulations" have also forced some municipalities to cut down on spraying for mosquitoes "because they don't have the manpower (to deal with the extra red tape), and they fear lawsuits."

Opponent's argument against bill: (Oregon Sierra Club newsletter Dec. 2012): Rachel Carson's "Silent Spring" turned 50 this fall: it catalyzed the environmental movement [by focusing on pesticides like DDT]. Today we still face the issues she outlined in Silent Spring. Pesticide law and regulation in the US is a case study in corporate capture: beholden to the farm lobby in Congress, all the way back to the 1947 formation of FIFRA.

FACT: From 1988 to 1995, more than 65 bills were introduced in Congress to tighten pesticide regulations. None of them passed.

FACT: In the late 1990s, two separate investigations revealed that more than half of all former top-level pesticide regulators at the EPA subsequently went to work for, or were paid by, pesticide and chemical industry interests actively involved in fighting EPA efforts to protect the public from pesticides.

Limit EPA oversight to allow mining over fishing.

Congressional bill text:

A BILL to amend the Federal Water Pollution Control Act to clarify when the Administrator of the EPA has the authority to prohibit or restrict the specification of a defined area as a disposal site

• in paragraph (c)(1), by adding at the end the following:
• '(2)(A) The period during which the Administrator may prohibit the specification of any defined area as a disposal site, shall--
• '(i) begin on the date that the Secretary provides notice that the Secretary has completed all procedures for processing an application for a permit under this section relating to the specification and is ready to determine whether the permit should be issued; and
• '(ii) end on the date that the Secretary issues the permit.
• '(B) The Secretary shall ensure that the period described in subparagraph (A) consists of not fewer than 30 consecutive days.

Argument in opposition: (by Trout Unlimited, tu.org, July 15, 2014)

Trout Unlimited and anglers across America strongly oppose the House Transportation and Infrastructure Committee's ill-conceived markup of HR 4854, because the bill would prevent the EPA from protecting the world class fisheries of Bristol Bay, Alaska.

The poorly conceived bill has had no legislative hearings. The oversight hearing will have no Alaskan witnesses from Bristol Bay, the people most adversely affected by this bill.

The Bristol Bay region of Alaska is threatened by one of the most potentially damaging mines ever proposed. EPA has moved forward with a science-based, inclusive, transparent process, which, if implemented, should protect headwaters of an area that sees an annual run of 40 million salmon. The Bristol Bay fishery is worth in excess of $1.5 billion per year.

The committee plans to give Pebble Limited Partnership, [the mine owners], a gift-wrapped present, HR 4854, rewarding its many failures to produce a viable mining plan.

Voted YES to require GMO labeling.

A BILL to require the Secretary of Agriculture to establish a national disclosure standard for bioengineered foods.

Cato Institute recommendation on voting YES: President Obama quietly signed legislation requiring special labeling for commercial foods containing genetically modified organisms (GMOs)--plants and animals with desirable genetic traits that were directly implanted in a laboratory. Most of the foods that humans & animals have consumed for millennia have been genetically modified, by cross-fertilization. Yet the new law targets only the highly precise gene manipulations done in laboratories. Anti-GMO activists oppose the new law because it preempts more rigorous regulation. And that's exactly the goal of this bill, to the frustration of the anti-GMO crowd.

JustLabelit.org recommendation on voting NO (because not restrictive enough): Senators Roberts (R-KS) and Stabenow (D-MI) introduced a compromise bill that would create a mandatory, national labeling standard for GMO foods. This bill falls short of what consumers expect--a simple at-a-glance disclosure on the package. As written, this compromise might not even apply to ingredients derived from GMO soybeans and GMO sugar beets. We in the consumer rights community have dubbed this the "Deny Americans the Right-to-Know" Act (DARK Act). We need to continue pressing for mandatory GMO labeling on the package.

Heritage Foundation recommendation on voting NO (because too restrictive): The House should allow [states, at their choice,] to impose [a more] restrictive labeling mandate, but prohibit the state from regulating out-of-state food manufacturers engaged in interstate commerce. Instituting a new, sweeping, federal mandate that isn't based on proven science shouldn't even be an option.

Legislative outcome: Passed by the Senate on July 7th, passed by the House on July 14th; signed by the President on July 29th

Loosen restrictions on predator control in Alaska.

Library of Congress Summary: This joint resolution nullifies the rule finalized by the Department of the Interior on Aug. 5, 2016, relating to non-subsistence takings of wildlife and public participation and closure procedures on National Wildlife Refuges in Alaska.

Case for voting YES by House Republican Policy Committee: The Fish and Wildlife Service rule--which lays claim to more than 20% of Alaska--violates ANILCA (Alaska National Interest Land Conservation Act) and the Alaska Statehood Compact. Not only does [the existing 2016 rule] undermine Alaska's ability to manage fish and wildlife upon refuge lands, it fundamentally destroys a cooperative relationship between Alaska and the federal government.

Case for voting NO by the Sierra Club (April 6, 2017):

• President Trump signed H.J. Res. 69, overturning the rule that banned "predator control" on federal wildlife refuges in Alaska unless "based on sound science in response to a conservation concern."
• Any rule mentioning "sound science" is in trouble under a Trump administration.
• So what kinds of practices will the Trump administration now allow on our federal wildlife refuges? Activities that include shooting or trapping wolves while in their dens with pups, or hunting for grizzly bears from airplanes.
• It's all about ensuring a maximum yield of prey species like elk, moose, and caribou for the real apex predator: humans. So if having more elk requires killing wolf pups in their dens, then so be it.
• The Obama administration's rule (which Trump revoked) never tried to stop all hunting. Subsistence hunting was still allowed. What's changed is that the predators on federal wildlife refuges are now under the control of the state of Alaska. And that makes them prey.