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4.4. SR 04-07-2014
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4.4. SR 04-07-2014
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4/7/2014
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c. Coordination with Local, State and Federal Authorities <br /> The Promoters have taken extensive measures to comply with all local, state and federal Laws <br /> governing the use of animals for the Event. All animals involved in the Event will have a valid Certificate <br /> of Veterinary Inspection. The Promoters have received approval for the event from the Animal Control <br /> Chief Warden of Dinwiddie County, Alvin Langley, who will inspect the animals' certificates and be <br /> present at the Event to insure the health and safety of the animals. Further, the Promoters have <br /> received approval from the Town of Petersburg and Dinwiddie County and have secured all necessary <br /> permits for the Event. As discussed above,the Promoters have prepared a detailed Emergency Action <br /> and Event Operations plan which has been approved by the Petersburg Board of Selectmen, the Sheriff's <br /> Department,the State Police and the Animal Control Chief Warden, and all entities are working closely <br /> with the Promoters to assure a safe and orderly event. <br /> Finally, the Promoters have reached out to the APHIS Officer responsible for Virginia and, after <br /> explaining the event in detail, the Promoters were informed that, absent a USDA designation to the <br /> contrary, a Class C License was not necessary or appropriate for the Event because the Event utilizes a <br /> professional rodeo production company and, for all intents and purposes and concerning all animal care <br /> and transportation, operates as a rodeo. <br /> III. Analysis of 9 CFR§§ 1.1 and 2.1 <br /> Congress enacted the AWA to ensure the humane treatment of certain animals involved in <br /> commerce, with a focus on transportation, sale and exhibition, and tasked the USDA with promulgating <br /> regulations to effectuate this purpose. 7 USC§ 2131.The USDA requires the organizers of certain <br /> activities, where certain animals are exhibited for consumption, such as zoos, circuses and carnivals, to <br /> obtain a Class C License to conduct these activities. 9 CFR § 1.1, 9 CFR § 2.1. The AWA and the USDA <br /> specifically and intentionally exclude certain activities where trained professionals work with trained <br /> animals, and where participants engage with the animals for the purpose of sport, such as rodeos, horse <br /> races, dog shows, livestock shows and field trials, from the licensing requirements of 9 CFR § 2.1.See 9 <br /> CFR § 1.1. The Event clearly falls under the exclusion of 9 CFR § 1.1 and, therefore, a Class C License is <br /> not necessary or appropriate. <br /> 9 CFR § 2.1 requires Exhibitors of certain animals to obtain a Class C License to conduct their <br /> activities. The term "Exhibitor" "includes carnivals, circuses, animals acts, zoos and educational exhibits, <br /> exhibiting [certain] animals whether operated for profit or not." Id. The term Exhibitor"excludes retail <br /> pet stores, horse and dog races, organizations sponsoring and all persons participating in state and <br /> county fairs, livestock shows, rodeos, field trials, coursing events, purebred dog and cat shows and any <br /> other fairs or exhibitions intended to advance agricultural arts and sciences..." Id. <br /> The events excluded from the licensing requirements of the AWA are of an entirely different <br /> nature than those requiring licenses. The activities requiring licenses generally involve the caging of <br /> animals for extend periods of time for the purpose of exhibition and consumption. The activities <br /> excluded from the licensing requirements involve highly valuable animals that are bred and trained for <br /> sport or sold for a specific purpose. These animals are typically owned by the professionals responsible <br /> for their handling and care during the events. The nature of the relationship between the animals and <br /> 4 <br />
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