Ohio Call to Action

Crossposted courtesy of OAAO.

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

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

2. Ohio Revised Code Section 1531.02 clearly shows the DNR 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 DNR has no authority over non-native/exotic animals, so the emergency rule is flawed and will likely be overturned if and when the permanent rule is filed with JCARR (Joint Committee on Agency Rule Review). Governor Strickland lied, and the DNR is 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 DNR-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 DNR) 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 John Kasich in, convinced that he would not support that back-door deal. We now appeal to incoming Governor Kasich to immediately vacate this emergency executive order which will cripple the exotic animal industry in Ohio.

Action required:

1. Call incoming Governor John Kasich at (614)824-2017 and email him at john@kasichforohio.com with the above information. Put it in your own words, tailor it to your operation, or copy and paste it as you see it, but do it now. Don't wait!

We will be sending out another email as soon as we have the contact information for incoming DNR Director David Mustine. It is a waste of time to contact Gov. Strickland or outgoing DNR Director Sean Logan, so don't spend your time and energy on them. They've already done their damage. It's up to us to make incoming Governor Kasich understand the ramifications of this emergency order so that he'll vacate it. Those of you who have friendly contacts in the media, go ahead and pass this information on to them.

Polly Britton
Legislative Agent
Ohio Association of Animal Owners

I'm backing you on this one. He will be getting many emails and phone calls from me!

i just sent Kasich an email & ill be calling him first thing monday.

Well I have no say so in Ohio as I don't live there any more but will be sure to send this to all of my relatives that are still there.

They'll be getting some calls and emails from me! Thanks for the info!

Can we call or email if we don't live in OH or will our expressions just be disregarded?

Quote:

---

Originally Posted by cinderbird

Can we call or email if we don't live in OH or will our expressions just be disregarded?

---

What if your location was accidentally omitted? :rolleyes:

Quote:

---

Originally Posted by cinderbird

Can we call or email if we don't live in OH or will our expressions just be disregarded?

---

Do you live in Ohio?
Could you be someone that purchases exotic animals from a vender in Ohio? Could you be a vender that could potentially sell animals to a person in Ohio?

If you answered "Yes" to at least one of the above questions then you need to write and call the Ohio Governor. I would actually think those purchasing animals from Ohio breeders would have a significant say as that brings money into Ohio, or at least it is worth mentioning. :gj:

Sorry I can’t just go back and edit my other post, so I have to post twice in a row, but I am searching continually for more information.

With the rule of the Wild Animal Ban being submitted to JCARR (Joint Committee on Agency Rule Review) a new group of people have the chance to stop the ODNR (Ohio Department of Natural Resources). These individuals though are more interested in the legality of the law rather than a simple majority vote. They need to be reminded that Section 1531.02 clearly states the ODNR does not hold jurisdiction over animals “not legally confined or held by private ownership legally acquired”. This makes the filing by the ODNR a violation of the Ohio Revised Code and it should not be considered further as almost all of the animals listed in the restriction are animals not native to Ohio that are legally confined and/or held by legally acquired private ownership. That means the ODNR can not tell the owners of these legally acquired animals that they are not allowed to sell them or breed them due to limited jurisdiction.

This link takes you to a page that has all the committee members listed with links to their pages that include contact info:
https://www.jcarr.state.oh.us/index....d=48&Itemid=54

Not sure what type of affect this could have, but it might be worth a shot!

Quote:

---

Originally Posted by Gloryhound

They need to be reminded that Section 1531.02 clearly states the ODNR does not hold jurisdiction over animals “not legally confined or held by private ownership legally acquired”. This makes the filing by the ODNR a violation of the Ohio Revised Code and it should not be considered further as almost all of the animals listed in the restriction are animals not native to Ohio that are legally confined and/or held by legally acquired private ownership. That means the ODNR can not tell the owners of these legally acquired animals that they are not allowed to sell them or breed them due to limited jurisdiction.

---

The only problem with this is that they DO have the right to. Gov. Ted Strickland signed an executive order which gives them that right. Unfortunatly that leaves No if and or buts about it.

An executive order is a declaration issued by the president or by a governor that has the force of law. Executive Orders are usually based on existing statutory authority and require no action by Congress or the state legislature to become effective. ...

Quote:

---

Originally Posted by TessadasExotics

The only problem with this is that they DO have the right to. Gov. Ted Strickland signed an executive order which gives them that right. Unfortunatly that leaves No if and or buts about it.

An executive order is a declaration issued by the president or by a governor that has the force of law. Executive Orders are usually based on existing statutory authority and require no action by Congress or the state legislature to become effective. ...

---

Without the ratification by Congress or the state legilature the Executive order has a 90 day life. The Governor can not pass authority that he does not have to someone else. The Ohio Revised Code can not be changed at the whim of the Governor, it takes the Congress and House to enact change to the Ohio Revised code.

Yes, I doubt it will end it but considering the board consists of 5 Republican Senators, 3 Republican Representatives, and 2 Democrat Representatives they may decide to vote and thumb their noses at an outgoing Democrat Governor using any loop hole they can.

There has been a Kingsnake blog posting about this with further contact instructions/details:

Quote:

---

Letters should be mailed to:

Governor John Kasich
Governor's Office
Riffe Center, 30th Floor
77 South High Street
Columbus, OH 43215-6108

You can also call and fax as well at these numbers:

Phone: (614) 466-3555
Fax: (614) 466-9354

If this draconic ban becomes permanent, it will cause major issues nationwide as we continue to try to fight to keep our reptiles. One state enacting such a ban will only help bolster national legislation. Ohio residents, please act now.

---

Sent an email and will be sending more. Thanks for the info.

Called both numbers.
(614) 824-2017 got answering machine and left message with call back info.
(614) 466-3555 Rang without end

If you get an answering machine please leave a message. If they go to check their voice mail and all they hear is the opposition... But remember you have to leave follow up contact info so it can be varified.

What is the email? Should I just do the "contact us" on kasichforohio.com?

I dont know what to say really besides "Dont let this happen" or something :oops:

Same if I were to call.

Quote:

---

Originally Posted by I<3Dreamsicles

What is the email? Should I just do the "contact us" on kasichforohio.com?

I dont know what to say really besides "Dont let this happen" or something :oops:

Same if I were to call.

---

That is good enough. Not everyone has to be lengthy in their discussions.

While I am no lawyer or politician something like what I have below will suffice and be better than not calling at all.

Hello, my name is ________________ I am calling concerning the Executive order banning the sale, breeding, and transit of dangerous wild animals. I would like to voice my opposition to this as it is a job killer in Ohio that has been pushed into existance by two special interest groups, the HSUS and the Ohio Farm Bureau. Neither of these special interest groups are qualified to speak on or about dangerous wild animals. Please do not let unqualified special interest groups decide how we do business in ohio.

Keep the rest of the notes on the front page handy just incase they decide to ask for further details, but most of the time the person on the other end doesn't know enough about it to even ask good questions to begin with.

A little thing that could go along way. Join Usark.com. they are fighting this already. All reptile owners, whether on the ban list or not, should join this organization. Anyone could be next. Besides, the new govenor, contact them.

Dan

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.

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 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!

2. 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!

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

I have recieved a responce from one of the Ohio Senate Senator aids that are on the JCARR board. Below is the responce for FYI. As I collect more info on this I will pass it along.

Quote:

---

Hi, Mr. Amon -- We appreciate your concerns with the recent rule filed by ODNR. I have taken the liberty of contacting JCARR on this issue and the Director said that the emergency rule was effective on 1-6-11. The rule is effective for 90-days, but the department has to file a rule that goes through the regular process -- through JCARR. However, with the change in administration, many thinigs could happen. First, the department could conceivably file a much less objectionable rule or file no rule and not enforce the rule; we're not sure if Governor Kasich could issue an executive order overriding the Strickland order or do something other than that. It is too soon to know (or guess) what might happen with this situation, but I really think this is not the end of the story....

Attached are the pertinent documents.

If you have further questions, please feel free to let me know. I will make sure Senator Gillmor receives your email.

Sincerely,

Becki

Rebecca A. Park
Administrative Aide to Sen. Karen Gillmor
Ohio Senate District 26
Senate Office Building
Columbus, Ohio 43215
614-466-8049

---

The attachments are PDF copies of the executive order and the rule filed by Ohio Department of Natural Resources with JCARR.

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

let's say.... contacting rubbermaid, sterilte, dog food companies, .. tell them how many tubs and pounds of food you purchase to raise your snakes, rats and mice and how detrimental it will be to their business!
I have no snakes on the list either, but it is time to draw a line and stop the blackmail. And folks, make no mistake.. they get their foot in the door, next is cornsnakes, ball pythons, and 4 legged reptiles.

Quote:

---

Originally Posted by harleydan1956

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

let's say.... contacting rubbermaid, sterilte, dog food companies, .. tell them how many tubs and pounds of food you purchase to raise your snakes, rats and mice and how detrimental it will be to their business!
I have no snakes on the list either, but it is time to draw a line and stop the blackmail. And folks, make no mistake.. they get their foot in the door, next is cornsnakes, ball pythons, and 4 legged reptiles.

---

Yeah, not a bad idea. I have no snakes on the list and I noticed boas arent on there? But I still dont see any reason why the large snakes should be. For the rest of the animals Im not to worried about it. Basically its mostly animals that do pose a serious threat to public saftey if they escape. Theyre not banning all exotic animals though, there are plenty they left out.

It needs some revising.