From the Editor...

With a new Congress in session, the PAST Act faces starting over again. Read the important advocacy update written by Jo Ellen Hayden for details on where we are and where we need to go. We face yet another long road.

This issue has three different stories of women who found their way to gaited horses. Each story is unique but shows the undeniable bond between horse and human. Everyone has a story. What’s yours? We would love to share it with our readers. Please reach out on social media or email me at editor@fosh.info.

If showing is your style, there are a variety of shows listed for 2023 in this issue. Please participate, go and watch, volunteer or just help spread the word about these competitions that showcase our beautiful, naturally gaited horses. That’s how we raise awareness – one person at a time.

Spring is trying to arrive in many parts of the country. The cover of this issue is a beautiful representation of the colors and warmth that spring promises.

But what a wild winter it’s been for so many people, and it’s not done yet! If you are one of the many that have been impacted by all the snow, flooding, cold or otherwise wicked weather this winter, you have my upmost sympathy! I hope everyone can come out on the other side soon and in good shape.

While it may still look like a long way off, spring is coming, I promise. So get out there and enjoy the longer days with your horses.

Stephanie J. Ruff Editor editor@fosh.info

What’s Next for the PAST Act?

By Jo Ellen Hayden

On the enforcement front, both the PAST Act and the long-awaited USDA Rule barring stacks and chains while moving inspections out of the hands of the HIOs, are languishing in the bureaucracy of Washington politics.

“The Rule” - We are waiting for USDA to issue a new version of their Rule (aka as a regulation) which would mandate much of what is in the PAST Act. If you recall, after PAST had been put in front of Congress several times with no action, the USDA put together a Rule and put it out for public comment in July 2016, as is required for all new regulations. During most of the rest of that year, the Rule was available for comment, with the comment period extended at least once. Over 130,000 comments were logged on the official government site, with overwhelming support for the Rule as it was written, and a small dissenting group protesting that the Lickers would be “put out of business” and harmed if they were forced to train horses without using cruelty. (Many others pointed out that no other branch of the horse world finds it necessary to use cruelty to stay in business.)

After wending its way through the lengthy process of readings, comments, etc., the Rule was swept aside in the first days of the Trump administration. As is common, the new administration chose to suspend all new Rules and regulations that had been issued in the 90 days prior to January 20, the day the new president and Congress take office.

A couple more years went by, and a new twist was added: the Humane Society of the United States filed suit against USDA to force it to publish the Rule. But the suit is larger than that question – it actually questions whether an agency can rescind a rule without notice or comment –that is, whether the new administration can rescind all rules that were issued right before it took the reins of power, and just what exactly is required to say that a Rule has been “Published” and takes effect. It happens that the specific rule that is in question is the rule about soring, but the question applies to the far larger and politically sensitive area of rules in general.

As you can imagine, this question is a huge hot potato in Washington, rocking the boat of how things have been done for decades by both parties. The court initially found in favor of the USDA, then on appeal an upper-level court found in favor of the Humane Society, then the Celebration tried to intervene in the suit and asked for a new hearing of the entire case (both of those requests were denied), and the suit itself has now been sent back down to the original court for a re-do in light of the USDA saying that a new Rule was being planned.

So where are we now?

• USDA claims it does not want to issue the old 2016 version of the rule because it is writing an update. However, note that at least six years have passed and nothing new has been issued for public comment. What are they waiting for?

• A new Congress is elected ev- ery two years and each one has increased funding to USDA for enforcement of the existing Horse Protection Act (HPA). If the existing law was strictly enforced, it would go a LONG WAY toward tamping down soring. Over $4 million was appropriated this year, more than four times as much as only a few years ago. Congress has also sent increasingly strongly worded direction to USDA telling the agency that it needs to step up HPA enforcement. This is all to the good, if still not enough because pads and chains are still legal under the existing regulations.

• The PAST Act has been passed in the House of Representatives twice – including last year. But because the entire House of Representatives is re-elected every two years, the bill must start over completely if it does not get passed by both House and Senate the same session.

It takes a huge amount of time and education to bring newly elected representatives up to speed on the problem of soring – most of them have never heard of the problem, and there are no sored horses in their states. So, if the bill is going to be passed, it will be late in the twoyear session.

And it will only pass in the House, not in the Senate because Senator Mitch McConnell, Minority (Republican) Leader of the Senate, has vowed never to allow it to come up for a Senate vote. His party is in the minority (barely), but he still wields considerable influence and has the power to prevent votes on things he does not want passed. Nonetheless, it is worth keeping PAST in the sights of the Congress – quite likely, those same educational efforts to try to get votes for PAST are what has resulted in increased funding to USDA.

What can you do?

• Write to your senators and representative and ask them to support the PAST Act. Watch the Sound Advocate to find out the new bill’s number as soon as it gets introduced.

• Consider writing to Mr. Tom Vilsack, Secretary of Agriculture, asking him why the new Horse Protection Rule has not been issued for public comment. When it is finally issued, make sure you comment on it via the link that will be provided.

• Continue to educate your friends locally and in other states about this problem.

• Continue to ride and show your sound horses, and tell the public about the problem and how your horses are so much more beautiful and happy than the unfortunate Big Lick horses.

Jo Ellen Hayden retired in 2012 from a career spanning 43 years, much of it spent as a civilian engineering program manager with the US Navy and with nearly a decade in clinical practice as a licensed acupuncturist. She owned and competed several horses and is a USDF Bronze Medalist in dressage. In recent years, she has focused on volunteer work with multiple community groups, event planning, historic research and writing, support of veterans and equine welfare, including the fight against soring. She is the author of an extensive web publication on the use of horses and mules in World War I, www.ww1cc.org/horses.

Youth Trail Obstacle & Desensitizing Clinic

With

Ashley Frones & Sally Frones from Carlton, MN

Clinicians:

Open to 20 Youth Participants $25

Welcome: Youth and Adult