Reports of Non-Compliance, Conflict of Interest, and Impossible Solutions

The HPA document goes in depth about non-compliance with regulations at certain inspected events.  It also focuses on the fact that there were discrepancies in reporting violations.  Based on the definitions of the rules, it is easy to see how there would be discrepancies in interpretation as well as increased violations with certain inspectors since the rules are exceptionally vague and far-reaching.

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Requiring Horse Industry Experts Who Do Not Participate in the Horse Industry

The document also describes what is called a “conflict of interest,” lack of training, and inattention.  This so-called conflict of interest also has a broad definition since experts in the horse industry know and work with each other on a generational basis.  The new language requires that this “industry expert” evaluating horses at shows, exhibitions, sales, or auctions not participate in shows, exhibitions, sales, or auctions of horses or act a judge or farrier.  This rule also extends to the person’s family or employer.   Where they will find these “industry experts” who do not participate in the horse industry is a mystery of epic proportions.

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Critical Shortage of Practicing Equine Veterinarians

 Additionally, the document recommends that only licensed veterinarians or veterinary technicians that are large animal specialists or members of the American Association of Equine Practitioners be hired as inspectors.   There is a shortage of equine practitioners available to care for ill and emergent horses.  This shortage is considered a crisis by the American Association of Equine Practitioners, which has a dedicated commission to address the issue. 

“The equine veterinary profession is in crisis,” said AAEP President Dr. Emma Read. “In order to transform equine practice, we must address the pain points which are driving exceptional horse doctors away. Without change, future veterinary care for our nation’s horses will be greatly jeopardized.”

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Since basic equine veterinary care is at a crisis level, there certainly will not be equine practitioners available for the thousands of horse exhibitions, shows, auctions, and sales that occur every day across the United States. The idea that APHIS will have a team of new equine veterinarians and veterinary technicians to send to shows nationwide is naive at best.   

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The HPA Authors Are Unfamiliar with Most of the Horse Industry

The authors of the new HPA rules have increased their scope to include all breeds of horses and every sector of the horse industry where horse exhibitions, shows, sales, and auctions occur.   It is evident they are unfamiliar with the entirety of the horse show and exhibition industry by their incorrect statement that most horse shows and exhibitions are one-day events.   This is far from the case, as many events comprise of multiple days. Some of the most prestigious and well-attended events in the nation range from 2 to 4 weeks in length (NCHA Futurity, NRHA Futurity, and Derby, NRCHA Futurity and Derby, AQHA World Championship Shows, Three-Day Eventing, Pony-Club Rallies, Barrel, and Rope Horse Futurities, National Finals Rodeo and more).  The documents also state that most of the events are set up during the day, and competitions are in the evening! This is also far from factual.

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Tribal Impact

The HPA document claims the new proposed rules will not have tribal implications.  This statement is simply inaccurate since, in numerous areas of the document, the statement is made that the HPA applies to all horse breeds.  Tribes across the continent breed, train, show, exhibit, sell, and auction horses.  The Indian National Finals Rodeo is an event that exhibits horses.  The idea that the HPA can cover all breeds of horses and all horses that are shown, exhibited, sold, or auctioned and not impact First Nation Tribes is simply unfounded. 

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HPA Authors Readily Admit that the Language is Problematic

The document is entirely contradictory. It states that the HPA regulations cover all breeds and proposes more Tennessee Walking Horse industry restrictions.  The document even concedes that the National Academy of Science found that some of the rules outlined in the HPA are not scientifically enforceable. 

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Buried on page 43 of the proposed new HPA is the admission by the authors that the provisions they have outlined and the rules which list all breeds do not line up.  The document states,

 

“… While all horse breeds are subject to provisions of the Act, soring imparts little to no advantage to competitors at these shows.” 

 

This is a correct statement; in every discipline in the horse industry, horsemen and women are looking for ways to keep their horses healthy and sound, not sore, yet the HPA insists on encompassing all breeds of horses in numerous sections of the HPA document. 

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 Additional statements demonstrate the kitchen-sink approach of the HPA and its new proposed language,

 

“We considered prohibiting all non-therapeutic pads, action devices, substances, and other practices for all breeds at all covered events, but in doing so, we would unfairly conflate those breeds that do not sore for competitive advantage with those that do.”  

 

Then it states, “ This is not to imply that pads were directly responsible for soring these horses. Rather, the performance classes in which soring confers the greatest benefit (an unnatural high-stepping gait) require that the horse wear pads.”

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Further, the authors stated that almost 35,000 flat shod entries were inspected with a compliance rate of 99% or above.  Since this is the case, it seems ridiculous to further amend the HPA with more regulations. 

 

Excerpt from the document on page 44:

‘We acknowledge that at many, if not most, shows featuring Tennessee Walking Horses and racking horses, the majority of entrants are exhibiting or performing with so-called “flat shod” horses (those that do not normally use the pads and action devices this proposed rule would seek to prohibit). Some shows featuring Tennessee Walking Horses and racking horses are entirely flat-shod in nature and already prohibit pads and action devices. We note that in 2022, almost 35,000 flat shod entries were inspected by DQPs and APHIS representatives combined, with a compliance rate above 99 percent. We do not consider such shows to be high risk with respect to noncompliance with the Act and regulations.”

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The document's authors argue for amending the HPA, yet they readily admit in the document itself that the language they have proposed is problematic.  Add to that the facts in the HPA amendments show that most TWH are competing flat shod and that 35,000 entries were 99+% compliant.     Therefore, the argument must be made that these amendments do not benefit the welfare of TWH and other breeds since there is little evidence of soring.

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