[ SHOWGSD-L ] Crackdown On Pennsylvania Rescues
- From: "Ginger Cleary" <cleary1414@xxxxxxxxxxx>
- To: "Showgsd-L@Freelists. Org" <showgsd-l@xxxxxxxxxxxxx>
- Date: Mon, 24 Mar 2008 10:46:04 -0400
-----Original Message-----
Mysterious PA Memo Cracks Down
On Out-Of-State Rescue Importations
by JOHN YATES
The American Sporting Dog Alliance
http://www.americansportingdogalliance.org
(This is the second in a series of special reports that will be
released in the days prior to the publication of proposed kennel
legislation and revised kennel regulations in Pennsylvania. These
issues are of vital concern to everyone who has a kennel or owns a
dog. The American Sporting Dog Alliance works at the grassroots
level to protect the rights of people who own or work with dogs of
the sporting breeds. Our focus is on informing people about the
issues, providing a way to take direct personal action, tracking
votes in the Legislature, taking legal action, and convincing
elected officials to do what's right. Please visit us on the web at
http://www.americansportingdogalliance.org. Your participation and
membership are very important. We maintain strict independence, and
are supported solely by the donations of our members.)
HARRISBURG, Pa. ? During kennel inspections last month, many
Pennsylvania dog wardens expressed confusion about a policy memo
from the Bureau of Dog Law Enforcement, and a PowerPoint
presentation given at training sessions about the same topic. The
dog wardens were telling kennel owners that out-of-state people who
bought dogs were subject to a $300 license, and that bills of sale
regulations would be strictly enforced.
Bureau officials attempted to say that kennel owners and this
reporter had misunderstood what the dog wardens were saying, but
provided no elaboration. Instead, Legislative Liaison Lisa Meade
issued a recitation of the current regulations as most of us
understand them. Further investigation led to the training sessions,
but Bureau officials would offer no further explanation and refused
to make the memo available to the public.
The American Sporting Dog Alliance (ASDA) continued its
investigation independently of official sources, who have remained
mum, and we have uncovered the full story.
Documents show that the Bureau of Dog Law Enforcement has begun a
crackdown against animal rescue groups that bring dogs into
Pennsylvania from other states. The crackdown is to require out-of-
state shelters, rescue groups and transporters to obtain a
Pennsylvania out-of-state dealer's license, which costs $300, ASDA
has learned.
Interstate rescue is a thriving business in Pennsylvania, in most
other northeastern states, and in many other parts of the country.
Well-developed pipelines bring thousands of dogs in to Pennsylvania
each year from other states.
There are not enough "adoptable" dogs in Pennsylvania to meet the
demand for rescued pets. By "adoptable," people mean dogs that are
small, cute and cuddly. There are not enough of these dogs to go
around in Pennsylvania.
Many Pennsylvania shelters report that "adoptable" dogs find homes
almost immediately, and some shelters have waiting lists. The
surplus dogs in Pennsylvania generally are large dogs, dogs with
disposition or health problems, dogs that aren't especially
attractive, or dogs from "undesirable" breeds, such as pit bulls.
To meet the insatiable demand for adoptable dogs here, well-
organized pipelines have been established for acquisition and
transportation. These "adoptable" dogs come mostly from animal
shelters and rescue groups in states such as Virginia, the
Carolinas, Georgia, Oklahoma, Kentucky, West Virginia and Missouri,
and they come here by the thousands.
Dozens of trucks are on the roads leading to and from Pennsylvania
every day to meet this demand. ASDA has verified regular shipments
from other states, a network of individual rescuers and out-of-state
shelters that operate their own delivery services. For example, just
one small shelter in rural Virginia heads north every two weeks with
a whole truckload of dogs.
The Bureau of Dog Law Enforcement wants to halt, or at least slow,
the flow of dogs into Pennsylvania through this pipeline, ASDA has
documented.
Following the announcement of the crackdown, ASDA has learned that
near-panic has spread among some of these rescue groups, both from
other states and also in Pennsylvania, where shelters depend on
having a steady supply of "adoptable" dogs to meet the demand and
also feel an ethical obligation to help dogs facing euthanasia in
other states.
This past November and December, the Bureau of Dog Law Enforcement
began sending letters to these groups warning them that an out-of-
state dealer's license is required to continue this operation.
Here is a quote from one of the letters:
"It has come to the attention of the Bureau of Dog Law Enforcement
(Bureau) that you are engaged in activities in the Commonwealth of
Pennsylvania which fall under the regulatory jurisdiction of the
Bureau.
"Please be aware of the following provisions of the Pennsylvania Dog
Law:
"OUT-OF-STATE DEALER." A person who does not reside in the
Commonwealth of Pennsylvania and who buys, receives, sells,
exchanges, negotiates, barters or solicits the sale, resale,
exchange or transfer of a dog in this Commonwealth for the purpose
of transferring ownership or possession to a third party."
The letter also quoted extensively from the text of the actual
regulations:
"§ 459-209. Out-of-state dealer license; application; fee;
prohibitions
"(A) OUT-OF-STATE DEALERS.-- All out-of-state dealers shall on or
before January 1 of each year, apply to the secretary for an out-of-
state dealer license. The fee for such license shall be $ 300, plus
appropriate kennel license fees required under section 206. All fees
collected under this section shall be remitted to the State Treasury
for credit to the Dog Law Restricted Account. All licenses under
this section shall expire upon December 31 of the year for which the
license was issued. The forms for the application and license shall
be approved by the secretary through regulations.
"(B) UNLAWFUL ACTS.-- It shall be unlawful for out-of-state dealers
to transport dogs into or within the Commonwealth or to operate or
maintain a dealer kennel or to deal in any manner with dogs without
first obtaining an out-of-state dealer license from the department."
After emphasizing that it is illegal to buy or sell a dog except at
a licensed kennel, the letter concluded: "I understand that you are
transferring dogs for the purpose of transferring ownership or
possession to another party in this Commonwealth; you are therefore
required to obtain an Out of State Dealers license."
This letter makes it clear that the Bureau of Dog Law Enforcement
believes that shelters, rescues or individuals are out-of-state
dealers under the law, and have to have a license if they bring dogs
into the state for resale or any other form of transfer, such
as "adoption." In adoptions, the buyer usually makes a donation to
the shelter or rescue group. Sometimes it is called a donation, and
sometimes it is called a fee. But it amounts to a sale price. Money
changes hands.
If the state is considering rescue groups and shelters from other
states as dealers if they bring dogs to Pennsylvania shelters and
rescues for eventual transfer through adoption, what does that mean
about the activities of the in-state shelters themselves?
We don't know the answer to that question. We do know that the dog
law has the same definition for all dealers, and that the only
differentiation is whether they are in-state or out of state.
A dealer in Pennsylvania is defined as "Any person who owns or
operates a dealer kennel in this Commonwealth or who buys, receives,
sells, exchanges, negotiates, barters or solicits the sale, resale,
exchange or transfer of a dog in this Commonwealth for the purpose
of transferring ownership or possession to a third party." The
definition of a "person" "Includes State and local officers, or
employees, individuals, corporations, co- partnerships and
associations." Shelters, pounds and rescue groups would fit this
definition.
By that definition, it would appear that animal shelters, Humane
Societies, rescue groups and municipal dog pounds would be defined
as dealers. All of them routinely broker "third party" transfers of
ownership.
Bureau Deputy Director Jessie Smith was interviewed about the
changes this past December by an organization called "Pennsylvania
Best Friends," a rescue group.
The interviewer, Pennsylvania Team Leader Nicole Saunders, asked Ms.
Smith how an out of state program can transfer dogs to Pennsylvania
legally.
"By getting an out-of-state dealers license," Smith replied. "?(We)
have no issue with transporting generally. Some of the volume
transports from neighboring states' shelters where spay-neuter has
not yet caught on (like West Virginia) do make it difficult for PA
shelters to get their adult dogs and less popular breeds adopted.
People will adopt these out-of-state puppies and "softer" dogs
instead. This is good for the West VA dogs and good for the W VA
taxpayers, who don't have to pay for the care of their homeless
dogs. But it puts a burden on PA, which does not have government-
funded animal control and reduces the chances of adoption for some
of PA's homeless dogs."
Asked to verify the authenticity of the letters to out-of-state
dealers, Smith replied, "It is not a mistake, because they fit the
definition of an out-of-state dealer. We are not out looking for
them, but if we see them in PA kennel records as transferring dogs
to PA kennels, we are going to write them a letter outlining the
requirement of our law, just as we would any other unlicensed out-of-
state dealer."
The memo and training session instructed dog wardens to look out for
these out-of-state rescue connections when they inspect bills of
sale, ASDA has learned.
Why do Pennsylvania organizations take in dogs from other states?
Part of it would seem to be that there is a demand for "adoptable"
dogs here that is not being met within the state.
However, the most important reason is compassion. Many states in
poor and rural parts of the country have a hard time finding homes
for unwanted dogs, and many municipal shelters in these areas have
high kill rates. Many of these dogs would make fine companions, if
only they had a chance. Pennsylvania offers them this chance.
In Pennsylvania, few "adoptable" dogs are euthanized. Shelter
euthanasia usually is restricted to elderly and aging dogs, dogs
with disposition problems, or dogs from "undesirable" breeds and
types.
Libby Marquardt of Tails of Hope, an Illinois-based group that
arranges transportation of dogs to Pennsylvania from Kentucky,
Virginia, West Virginia and rural Ohio, says the requirement for
Pennsylvania dealers licenses will "mean the loss of at least 100
lives a month at these shelters that would otherwise be going to PA
rescues. I understand this new law is supposed to help shut down
puppy mills, but in effect it is going to punish rural area southern
shelters. This is just sad and bad for all." Marquardt says that
poor rural shelters simply cannot afford to buy the dealers'
licenses. Smith disagrees.
To understand this network, a good place to start is with Yahoo
groups. There is a well-organized transport network that links
through these groups.
Marquardt moderates a group called TrukNPaws
(http://pets.groups.yahoo.com/group/TRUCK-N-PAWS/). There also is an
extensive list of Yahoo groups based on every Interstate highway in
America. Simply search for the number of the Interstate
plus "transport" or "rescue." For example, the I-81 group that goes
through Pennsylvania is http://pets.groups.yahoo.com/group/I-
81_Rescue_and_Transport/, and the I-80 group is
http://pets.groups.yahoo.com/group/I80-Transport/. Sometimes a
hyphen is used between "I" and the number, and sometimes it is not.
Reviewing these groups will show how extensive and well organized
that this network has become, and Pennsylvania is at its epicenter.
We will continue our investigation of the relationship between
animal shelters, rescue groups and private kennels over the coming
days.
Please visit us on the web at
http://www.americansportingdogalliance.org. Your participation and
membership are vital to our work to protect the rights of dog
owners. We maintain strict independence and are supported only by
the voluntary donations of our members.
PLEASE FEEL FREE TO CROSS-POST OR FORWARD THIS REPORT
------------------------------------
Ginger Cleary
Abusus non tollit usum.
Rome, GA http://www.rihadin.com/
Member GSDCA
Member Sawnee Mtn Kennel Club
GA Director Responsible Dog Owners of the Eastern States.
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