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4.4. SR 04-07-2014 City of Elk - Request for Action River O. To Item Number Mayor and City Council 4.4 Agenda Section Meeting Date Prepared by Consent April 7, 2014 Jessica Miller, Executive Secretary/Deputy City Clerk Item Description Reviewed by Special Event Permit: The Great Bull Run Tina Allard, City Clerk Reviewed by Cal Portner, City Administrator Action Requested Approve,by motion,a special event permit to The Great Bull Run for their event on May 10, 2014, subject to the following conditions: 1. Tents must meet applicable state and fire building code requirements. Event planner is responsible for contacting the fire marshal at 763.635.1110 or 763.238.3489 to schedule an inspection prior to the tents being occupied. 2. Event planner must coordinate traffic control and security with the Police Department. The applicant is responsible for fees associated with police personnel on site the day of the event. 3. Ambulance service within the city limits is provided by the Elk River Ambulance Service, a nonprofit entity not affiliated with the city. Event planner has been directed to coordinate with the ambulance service any requests for standby medical coverage by contacting Ambulance Coordinator Steve Dittbenner at 763.350.3391. Background/Discussion The Great Bull Run is a one-day event to be held on private property at Elk River Extreme Motor Park on Saturday,May 10, 2014, from 8:30 a.m. until 5:00 p.m. The Great Bull Run is operated by a group that has successfully produced 50 events across the country involving over 200,000 participants during the last four years. The event is modeled after the famous San Fermin Festival in Pamplona, Spain. Up to 24 bulls will be released in waves, 6-10 bulls at a time, approximately 10 seconds apart,and will sprint down the track in 2-3 minutes. The bulls will be herded through the crowd and down the course by trained rodeo professionals on horseback. Prior to the start of each wave,participants will walk the track to familiarize themselves with the event. Participants arrange themselves on the quarter-mile track and wait for the bulls. Each wave will feature up to 600 runners and will be held at 11:00 a.m., 11:30 a.m., 12:00 p.m., 12:30 p.m., 1:00 p.m., 1:30 p.m.,with an overflow wave at 2:00 p.m. becoming available if the other waves sell out. Runners must be 18 years old to participate. In addition to the Bull Run, there will be a daylong festival featuring a DJ,games, food,beer, and a Tomato Royale. Participants must be 14 years old to take part in the Tomato Royale. When the music starts,participants sprint to the tomatoes stationed around the arena. The tomato fight will begin at 3:00 P a w E R E U 6 Y NaA f RE] p.m. and last for approximately one hour. The fight will be monitored by four referees who will have the discretion to remove anyone who is not abiding by Tomato Royale rules. City staff contacted our insurance carrier to discuss liability and waiver concerns due to the nature of this type of event. The Risk Management Attorney stated there is very little risk to the city because the event is being held on private property and he sees no reason for the city to be part of any waiver. The Great Bull Run has been very organized and has submitted an Emergency Action and Event Operations Plan that has been reviewed by various staff,including the Police and Fire Departments. The group is working closely with our Police Department on traffic control and security. 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' \� < <z � ��\ \ � / \w ` � \ � . » �� J ƒ��, ������ ■�°■� O W,A# THE GREAT BULL RM 236 Huntington Avenue I Suite 303 1 Boston,MA 02115 1 T 413-768-0366 1 info @thegreatbullrun.com www.thegmatbullrun.com February 10, 2014 Re: The Great Bull Run, animal welfare, and compliance with state and federal law To Whom It May Concern: I am writing this letter to explain how The Great Bull Run("GBR") is in compliance with all state and federal laws governing animal use and welfare, and to demonstrate that we take the health and safety of our animals very seriously. In particular, the United States Department of Agriculture issued a letter stating that GBR is in compliance with The Animal Welfare Act ("AWA"). Furthermore, GBR works closely with the State Veterinarian in each state where the event is held to ensure compliance with that state's laws governing the safe use of animals, including obtaining all necessary permits for each event. By way of background, Congress enacted the AWA to ensure the humane care,treatment, handling, and transportation of animals used in commerce and tasked the United States Department of Agriculture ("USDA") with promulgating regulations to effectuate this purpose. (7 U.S.C. Section 2131). On June 21, 2013, the Humane Society of the United States ("HSUS") filed a legal brief with the USDA alleging that The Great Bull Run was in violation of (Exhibit A). In response, GBR filed a brief with the USDA detailing the reasons the event complies with the AWA. (Exhibit B). On August 24, 2013,the USDA sent three inspectors to the GBR event held in Petersburg, VA, to observe the event and assess the treatment of the animals involved. After the event, on November 13, 2013, the USDA issued an official letter finding GBR in compliance with the AWA. (Exhibit Q. Prior to each event, GBR contacts the State Veterinarian for the state where that event is being held to ensure compliance with that state's rules and regulations governing the use of animals. Additionally, each animal is accompanied by a USDA Certificate of Veterinary Inspection that complies with that state's laws, and these certificates are submitted to the office of the State Veterinarian. Also, where applicable, a state entry permit is obtained for each animal. In addition to complying with all state and federal laws, GBR contacts the local animal control office for each event to address that office's concerns. Furthermore, prior to each event, each animal is inspected by a licensed veterinarian and a licensed veterinarian is on site for the duration of each event to monitor the health and safety of the animals used. To date, we have had zero animals injured in our events. As you can see, each event fully complies with all laws governing animal use and welfare, and we take every measure possible to ensure the safety of the animals we work with. Any argument to the contrary is unfounded. If you have any remaining concerns about this event, I'd be very happy to address them with you. Sir1cere , Bradford Scu er,Escl. CEO, The Great Bull Run LLC CEO, Rugged Races LLC TIDE HUMANE SOCIETY OF THE UNITED STATES dune 21, 2013 Secretary Tom Vilsack Pric I..Bernthal,f:scl. U.S. Department of Agriculture 0a11 of the Ilnard 1400 Independence Ave., S.W. Jennifer l_eanlnq,M.1) 5.MAI vice Glair Washington, DC 20250 JasoicWeiss second Vice 01air Dr. Chester A. Gipson, Deputy Administrator Animal Care Kathleen M.Linehan,rsq. U.S. Department of Agriculture 13narr!lreasurer Animal and Plant Health Inspection Service Wayne Pacelle President&cro 4700 River Road, Unit 84 tvilci,ael Markadan Riverdale, MD 20737-1234 Chief Prnrlram&Policy officer By U.S. Mail Laura Maloney 011ef(Jperatray Officer Re: The unlicensed exhibition_of animals during "bull G.Thomas INaite III hea5wer9-0,0 running" events and request for investigation. Andrew N.Rowan,Ph.D. Chief lnuamaironal Officer &Cliiel5creniilic Officer RngerA Kindle, Dear Secretary Vilsack and Dr. Gipson: Genmal Cow?,s(V Vice Prvsident&CLO On behalf of The Humane Society of the United States ("The snayc:.R4agefS Secretary HSUS"), I am writing to urge the United States Department of Agriculture ("USDA') to investigate the companies holding "bull running" DIRECTORS events wherein cattle are let loose in a confined area to stampede at, and JefheyJ.Aidniaco often run over, people who attempt to outrun them. As explained below, Eric L Bernthal,fsq. JerryCsak these events constitute exhibitions under the Animal Welfare Act, and James(oslos therefore the companies holding them are required to obtain a USDA Anita W.Coupe,hq. Neil 13.rang,Esq.,(PA license. Failure to possess the necessary license deprives the agency of Mne(zreenspun dale notice that it should inspect the exhibitor's facility and the exhibition Cathy Karigas Paula A.Kislak,D,v.M. itself to ensure the safety of both the animals and the public at large, and Jennller Leaning,M.i),S.M Ii. can result in a penalty of up to $10,000 for the entity in question. In Kathleen tA.I.Inelian,Lsq, i0t,n ivtackey addition, as described below, because of the inherently dangerous nature Maryk1 1 I airick I..McOo of these events for both the people and animals involved, it is likely that nr;ell Judy Ney the events cannot be held at all in their present configuration because Sharon Lee Patrick Judy J.Pell they violate AWA licensing requirements and regulations. Marian Gi Probst Jonathan M.Rattle Joshua 5.Reichert,Ph.D. Background Walter J.st(tiwart,rsq. The Events Aodmv,,Wpinstein Ja,;nn Weiss I)avid 0.VNiebers,M.1). There are at least two companies that have recently held or plan to LrHia lNilliams hold "bull running" events throughout the United States: Running of the Celebrating Animals!Confronting Cruelty 2100 L Stretci, NIN Washinglor), DC :10037 t 10),452.7100 f 202.778.()1 32 hun,mnesoc:iety.orri Bulls America, LLC ("RBA")', incorporated in Arizona, and The Great Bull Run, LLC ("GBR")2, incorporated in Massachusetts. At these events, between 12 and 21 bulls are sent stampeding down a quarter-mile long, fenced-in track towards upwards of 1,000 people who pay to participate in the event.3 The participants attempt to run in front of or dodge the 1,500 pound animals hurtling towards them. As would be expected of this inherently dangerous activity, runners are often injured; in fact RBA's 2012 event resulted in several hospitalizations.4 For those who do not wish to run in the stampede, "spectator" tickets are available for purchase which allows both the opportunity to watch the stampede as well as to purchase the available concessions including food and beer.5 In addition to the actual animal stampede, several other activities take place at these events to entertain the participants and spectators, such as a food fight called the "tomato royale."6 The Animal Welfare Act and Regulations Congress enacted the Animal Welfare Act ("AWA") to ensure the humane care, treatment, handling and transportation of animals exhibited to the public, among other animals, and tasked USDA with enforcement of the law. See, e.g., 7 U.S.C. § 2131. Any person who exhibits or plans to exhibit an animal covered by the AWA must possess a valid license and must comply with the rules, regulations and standards promulgated by the agency. 7 U.S.C. § 2134. The penalty for conducting regulated activities without the necessary license or for violating any other AWA rule, regulation, or standard is a civil penalty of up to $10,000, which is 1 Attachment 1, Arizona Corporate Commission Corporate Inquiry (as of May 22, 2013). 2 Attachment 2, Commonwealth of Massachusetts Certificate of Organization (filed January 17, 2013). 3 http://www.thegreatbullrun.com/faq/ (last accessed May 29, 2013); "Running of the Bulls USA in Cave Creek, Arizona (It's Back)!," available at http://youtu.be/zSlJnmxgsjs (last accessed May 29, 2013). 4 Meredith Somers, It's no Pamplona, Spain, but the Great Bull Run will thunder into Virginia, THL WASHINGTON TIMES, May 14, 201.3 (accessible at http://www.washingtontimes.coin/news /2013/may/14/in-the-spanish-spirit-the-great-bull-run-will-thunn. There are also several videos on YouTube.com that demonstrate the dangerous nature of these events. For instance, in "Cave Creek, AZ Running with the Bulls," a woman is shown being hurled to the ground by a charging hull. http://www.youtube.com/watch?v=FkWWa3SVOyw at 1:56. Acutely aware of the "inherent risks" to personal safety that these events entail, participants in GBR events must sign a waiver of liability before participating. See http://www,thegreatbullrun.com/wp-content/uploads/2013/03/GBR _Virginia_�Waiverl.pdf The waiver details the injuries associated with the stampeding such as "scrapes, bruises, sprains, nausea and cuts" as well as "broken bones, torn ligaments, concussions, deep lacerations or puncture wounds...damage to internal organs, spinal injuries and paralysis, stroke, heart attack and death." Id. 5 http://www.thegreatbullrun.com/faq/ G http://www.thegreatbullrun.com/tomato-royale/ 2 in addition to USDA's power to order the exhibitor to cease and desist from continuing to engage in regulated activities without a license. 7 U.S.C. § 2149.7 The AWA regulations promulgated by USDA define "exhibitor" as "any persong (public or private) exhibiting any animals—to the public for compensation," provided that the activity affects commerce. 9 C.F.R. § 1.1; see also 7 U.S.C. § 2132(h) (statutory definition of "exhibitor"). The definition includes, but is not limited to, "carnivals, circuses, animal acts, zoos, and educational exhibits" but excludes "retail pet stores, horse and dog races, [ ]county fairs, livestock shows, rodeos, field trials, coursing events, purebred dog and cat shows and any other fairs or exhibitions intended to advance agricultural arts and sciences as may be determined by the Secretary." Id. Pursuant to 9 C.F.R. § 2.1(a)(1), "[a]ny person operating or intending to operate as a[n] exhibitor...must have a valid license"9 unless that person is "exempted from the licensing requirements under" Section 2.1(a)(3) of the AWA regulations, which are not relevant here.10 In order to be licensed under the Act, exhibitors must meet certain statutory and regulatory requirements, including, among other things, the requirement to ensure that the animals and the public remain safe. 9 C.F.R. § 2.131(c)(1) ("During public exhibition, any animal must be handled so there is minimal risk of harm to the animal and to the public, with sufficient distance and/or barriers between the animal and the general viewing public so as to assure the safety of animals and the public.") "Animal" is defined to include, in addition to dogs and cats, "any other warmblooded animal, which is being used...[f]or exhibition purposes," but excludes "farm animals...used or intended for use as food or fiber, [ ]improving animal nutrition, breeding, management, or production efficiency, or for improving the quality of food or fiber." 9 C.F.R. § 1.1. "Farm animal" is further defined as "any domestic species of cattle...used or intended for use as food or fiber, or for improving animal nutrition, breeding, management, or production efficiency, or for improving the quality of food or fiber." Id. As discussed below, because of the manner in 7 In addition to the various rules and standards that regulate the treatment of the animals themselves, USDA also requires that "[d]uring public exhibition, any animal must be handled so there is minimal risk of harm to the animal and to the public, with sufficient distance and/or barriers between the animal and the general viewing public so as to assure the safety of animals and the public." 9 C.F.R. § 2.131(c)(1). S Person "means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity." 9 C.F.R. § 1.1. 9 Any person whose "business involves the showing or displaying of animals to the public," is required to have a "Class"C" license." See 9 C.F.R. § 1.1. 70 The exemptions listed in § 2.1(a)(3) pertain to retail pet stores and the buying and selling of animals. 3 which the bulls are being used in the bull running events, they are not exempted from coverage under the Act. Discussion To effectuate its animal welfare goals, the AWA must be broadly construed, In re: Lloyd A. Good, Jr., 49 Agric. Dec. 156, n.4 (U.S.D.A. 1990), and USDA has repeatedly done so when it comes to exhibitors. The term exhibitor is not limited to the entities specifically listed in the definition, 9 C.F.R. § 1.1, and the agency has applied it to any person who displays covered animals to the public in any manner and who derives any associated economic benefit, so long as the display of the animals affects interstate commerce. See Good, 49 Agric. Dec. at 163; see also, e.g., In re: Wyoming Department of Parks And Cultural Resources, et al., 67 Agric. Dec. 1071, 1082-84 (U.S.D.A. 2008) (Compensation means any "economic benefit" related to the viewing or display of the animals); and, In re Daniel J. Hill and Montrose Orchards, 67 Agric. Dec. 196, 204 (U.S.D.A. 2008) (USDA has "long held that the use of displayed animals to attract customers to a facility is sufficient to meet the compensation requirement"). Thus, the agency has found the term to encompass an auto parts dealer who maintained exotic animals in his yard, despite the fact that he did not advertise the presence of the animals, and despite the fact that the animals provided him with only de minimis economic benefit. See In re: Ronnie Faircloth & J.R. Auto & Parts, Inc., 52 Agric. Dec. 171 (U.S.D.A. 1993). The exhibition and display of the animals in the bull running events plainly affects commerce and is undertaken for compensation. The events are promoted via the Internet with the bulls being the main attraction, see, e.g., www.thegreatbullrun.com, the public must pay money to the event holders in order to view the animals, and the stampeding event is used to attract people to purchase available concessions." For example, a spectator's ticket for Bull Run costs $10.00 and includes not just the ability to view the actual running of bulls, but also grants "access" to the "day-long festival featuring bands, games, food, beer."I2 The "commerce" requirements of the AWA "are interpreted liberally" and the "acceptance of credit cards for purchases[ ] and the use of internet sites for promotion of [a] business" that exhibits animals are sufficient for the requirements to be met. In re: Daniel J. Hill 67 Agric. Dec. at 203-04; see also In re: Wyoming 11 According to a GBR spokesperson, there are approximately 1,000 people registered to participate in the first scheduled event at a cost of at least $55.00 per person. Meredith Somers, It's no Pamplona, Spain, but the Great Bull Run will thunder into Virginia, THr WASHINGTON Timm, May 14, 2013 (accessible at http://www.washingtontimes.corn/news/2013/may/14/in-the-spanish-spirit-the- great-bull-run-will-thunn. 12 http://www.thegreatbullrun.com/about/ (last accessed May 28, 2013). The "runner" tickets also provide access to the "festival." E.g., http://www.thegreatbullrun.com/events/vrginia-20131 (Last accessed May 28, 2013). 4 Department of Parks, 67 Agric. Dec. at 1082-84. There is no question these events meet the commerce and compensation requirements of the exhibitor definition. In addition, the animals used in the bull running events do not fall within the "farm animal" exemption13 to the AWA definition of animals. In order for bulls or steers to be exempt, they must be used for "food or fiber, or for improving animal nutrition, breeding, management, or production efficiency, or for improving the quality of food or fiber." 9 C.F.R. § 1.1. It is without question that the forced running of these animals does not serve any of these purposes that would allow for application of the exemption. And while it is possible that the ranches that supply the animals for the events may ultimately slaughter the animals for food if they are returned, the animals are still regulated because the non-exempt use is sufficient to trigger the AWA. Indeed, USDA has explicitly held as such. In re: Daniel J. Hill 67 Agric. Dec. at 205 (Holding that when farm animals are utilized for different purposes, some of which fall within the exemption and others that do not, an AWA license is required for any regulated activities as a matter of law.); See also Animal Care Resource Guide, Policy #17, and AC Inspection Guide for Animal Rides (regulating cattle).14 As such, any person who wishes to hold a bull running event must possess a Class C license issued by USDA, 9 C.F.R. § 2.1. Before they may obtain the license, however, the exhibitor must first demonstrate to the agency that the "premises and any animals...used or intended for use in the [exhibition] comply" with the AWA rules and regulations. 9 C.F.R. § 2.3. All exhibitors are required to ensure that, during exhibition, the animals, the public and participants are safe. 9 C.F.R. § 2.131(c)(1) ("During public exhibition, any animal must be handled so there is minimal risk of harm to the animal and to the public, with sufficient distance 13 Similarly, these events do not fall within any of the several categories of activities that are explicitly exempted from the definition of"exhibitor." See 9 C.F.R. § 1.1 ("Exhibitor" excludes "retail pet stores, horse and dog races, [ ]county fairs, livestock shows, rodeos, field trials, coursing events, purebred dog and cat shows and any other fairs or exhibitions intended to advance agricultural arts and sciences as may be determined by the Secretary.") Though the sponsors of bull running events may attempt to liken them to rodeos due to the fact that rodeos also use bulls, the use of the same species of animals is the extent of the similarity. Regardless of the merit of excluding rodeos from the ambit of the AWA, bull running events clearly do not "advance agricultural arts and sciences" and, as such, they do not fit within the express exemptions from the term "exhibitor." 14 Nor do these events constitute "livestock shows" or "rodeos" such that they would be exempted from the definition of exhibitor. 9 C.F.R. § LL The term "rodeo' is defined as "a public exhibition of cowboy skills, as bronco riding and calf roping." Random House Online Dictionary, 2013 (http:/l dictionary.reference.com/browse/rodeo). A "livestock show" is generally an exhibition, often sponsored by a 4-H or FFA chapter, where livestock are judged on conformance to characteristics related to their species and breed. See, e.g., http://rodeohouston.com/L_ivestockShow.aspx. Neither of these terms comes close to describing what happens at the bull running events. Further, bull running events cannot be said to "advance agricultural arts and sciences." 9 C.F.R. § 1.1. 5 and/or barriers between the animal and the general viewing public so as to assure the safety of animals and the public."); See In re: Sam Mazzola, , Agric. Dec. 2009 WL 4099115 (U.S.D.A. 2009). Given the inherently dangerous nature of these events and the evidence of injuries to participants from past events, we are highly skeptical that they could ever comply with the requirements of the AWA and implementing regulations as the events are presently structured. Conclusion As shown above, "bull running" events are subject to regulation under the AWA and any person or company that wishes to hold such an event must possess a valid Class C license from USDA, and will likely have to alter the nature of the event in order to comply with the licensing requirements and relevant regulations. Given the particularly dangerous nature of these events, The HSUS urges USDA to investigate this matter as soon as possible. We are available to assist as needed. Sincerely, Aar� . Gree Staff Attorney, Animal Protection Litigation The Humane Society of the United States Phone: (202) 676-2334 Email: agreen @humanesociety.org 6 TM GREAT RVU Svc 236 Huntington Avenue Suite 303 I Boston,NLN 02115 I T 413-768-0366 info @thegreatbullrun.com Yj"Tw.thegreatbullrun.com August 13, 2013 Secretary Tom Vilsack U.S. Department of Agriculture 1400 Independence Ave., S.W. Washington, DC 20250 Dr. Chester A Gipson, Deputy Animal Care U.S. Department of Agriculture Animal and Plant Health Inspection Service 4700 River Road, Unit 84 Riverdale, MD 20737-1234 Regional Director USDA/APHIS/Animal Care 920 Main Campus Dr. Suite 200, Unit 3040 Raleigh, NC 27606 Dr. Mark A. Remick, Area Veterinarian-in-Charge Doris Hackworth DVM,Veterinary Medical Officer Federal Building 400 North 8th Street, Room 726 Richmond, VA 23219-4824 Re: Request for clarification of 9 CFR§ 1.1 and designation of The Great Bull Run as a stylized rodeo for purposes of that section Dear Secretary Vilsack and Dr. Gipson: I am writing to request clarification of 9 CFR § 1.1 as it pertains to the term "Exhibitor" for purposes of the licensing requirements of 9 CFR § 2.1 and to request a designation of our event,The Great Bull Run, as a stylized rodeo or activity intended to be excluded from the definition of"Exhibitor" for purposes of that section. As you will see below,The Great Bull Run has complied with all local, state and federal laws governing rodeos and has taken every measure to ensure the health and safety of the animals we work with and the participants of our event. Indeed, the event is significantly less dangerous for animals and participants than the bull riding aspects of certain rodeos. Additionally,we have contacted the APHIS Office in Virginia and, as explained below, we have received approval to move forward with the event. If you have any questions, please do not hesitate to contact me. I. INTRODUCTION The Great Bull Run (hereafter the "Event") is a stylized rodeo production in which participants run with live rodeo bulls and steers down a course constructed of a dirt ground cover and rodeo paneling. The Event is similar to the annual Running of the Bulls event in Pamplona, Spain, but with significant safety enhancements to promote the health and welfare of the animals and participants involved. On August 24, 2013,The Great Bull Run LLC(hereafter"GBR LLC"), in partnership with The Lone Star Rodeo Company(hereafter"LSR"), intends to hold the Event at Virginia Motorsports Park in Petersburg, Virginia. GBR LLC and LSR (collectively, hereafter, the "Promoters") believe that the Event falls under an exemption of 9 CFR § 1.1 for purposes of defining the term "Exhibitor" pursuant to the Animal Welfare Act (hereafter, "AWA") and therefore a USDA Class C License is not necessary or appropriate. 9 CFR §§ 1.1 and 2.1,See also 7 USC§ 2132(h). Pursuant to 9 CFR § 1.1, the term "Exhibitor" "excludes . . . horse and dog races . . . fairs, livestock shows, rodeos,field trials, coursing events, purebred dog and cat shows and other fairs or exhibitions intended to advance the agricultural arts and sciences" from the licensing requirements of 9 CFR §§ 2.1. Id. The Event, which operates as a standard rodeo using animals that have been bred and trained specifically for rodeo activities, and where participants engage with the animals for the purpose of sport, clearly meets this definition and is similarly excluded. Indeed, GBR LLC contacted the Animal and Plant Health and Inspection Services (hereafter "APHIS") Officer responsible for United States Department of Agriculture (hereafter"USDA") oversight in Virginia and, after explaining the event in detail, was informed that, absent a USDA designation to the contrary, a Class C License was not necessary or appropriate for the Event because for all intents and purposes, and concerning all animal care and transportation, the Event operates as a rodeo. Id. Accordingly, as further explained below,the Promoters have taken all steps necessary to ensure the Event complies with all local, state and federal laws governing rodeos or similar events excluded from the definition of "Exhibitor." Based on the following,the Promoters respectfully request a clarification of 9 CFR § 1.1 as it refers to the term "Exhibitor" and a designation of the Event as a "rodeo," or activity excluded from the definition of"Exhibitor" pursuant to that section, that will operate in accordance with all local, state and federal laws concerning such events. II. FACTS a. About The Event The Event is a one day event in which participants run down a dirt lane lined with rodeo paneling alongside bulls and steers in a reproduction of The Running of the Bulls in Pamplona, Spain. However, unlike in Spain,the animals will not be killed after the Event. The animals will not be harassed, hit, prodded or otherwise mistreated during the Event. Indeed,the event is safer for the animals and participants than the bull riding activities of certain rodeos. Also, there will be a team of 2 Virginia-licensed veterinarians and veterinarian technicians on site at all times to monitor the health and safety of the animals and provide care if necessary. The Event features several other safety features and precautions intended to promote the health and safety of the animals and participants. The Event does not use fighting bulls for the Event, but instead uses animals that have been bred and trained for rodeo and which are rope broken'and accustomed to large crowds. The animals are owned, trained and handled by the same rodeo professionals who conduct the Event. Additionally, rodeo professionals will be stationed along the course to maintain the safety of the animals and participants. The course is constructed of a dirt floor, as opposed to paved streets, and lined with rodeo paneling as opposed to city walls. The floor provides safer footing for the participants and animals, and the rodeo paneling is much safer for the animals and allows participants to climb out of the course if necessary. The paneling is also constructed to provide nooks along the course into which participants can step to avoid oncoming bulls and steers. All participants must register for the Event and sign an extensive waiver outlining the risks of the Event. Prior to the Event all participants are required to walk the course and are given instruction about the Event and its risks. A licensed team of emergency medical providers will be on hand at the Event, and the Promoters have coordinated closely with local and state safety officials. Finally, a thorough Emergency Action and Event Operations Plan that complies with Federal Insurance and Mitigation Administration ("FIMA") and which has been approved by state and local officials will govern the Event's activities. b. About The Great Bull Run LLC and Lone Star Rodeo All parties involved in producing the Event make a living working with and caring for animals. LSR is a third generation rodeo production company and ranch based in Crofton, Kentucky. GBR LLC is an event production company based in Boston, Massachusetts. Bradford Scudder, the founder and CEO of GBR LLC,was born and raised on a registered agricultural horse breeding farm. GBR LLC has contracted with LSR to produce all Event activities involving the handling and care of live animals. LSR will operate as a standard rodeo, exclusively using experienced rodeo professionals and animals, including bulls, steers and horses, that are owned by LSR and bred and trained specifically for the Event. LSR will transport the rodeo animals from its ranch in Kentucky using standard rodeo procedure and equipment. The value of each animal being used in the Event often exceeds$10,000. Clearly, as with rodeos and horse racing, the success of the Event necessitates the exceptional care of the animals used in the Event. GBR LLC is responsible for all other event logistics, including marketing,venue relations, participant registration, concessions and media relations, among other things. '"Rope Broken" is a term used by rodeo professionals to describe an animal accustomed to being leashed or roped. Once roped,a rope broken animal becomes more docile and obedient. 3 c. Coordination with Local, State and Federal Authorities The Promoters have taken extensive measures to comply with all local, state and federal Laws governing the use of animals for the Event. All animals involved in the Event will have a valid Certificate of Veterinary Inspection. The Promoters have received approval for the event from the Animal Control Chief Warden of Dinwiddie County, Alvin Langley, who will inspect the animals' certificates and be present at the Event to insure the health and safety of the animals. Further, the Promoters have received approval from the Town of Petersburg and Dinwiddie County and have secured all necessary permits for the Event. As discussed above,the Promoters have prepared a detailed Emergency Action and Event Operations plan which has been approved by the Petersburg Board of Selectmen, the Sheriff's Department,the State Police and the Animal Control Chief Warden, and all entities are working closely with the Promoters to assure a safe and orderly event. Finally, the Promoters have reached out to the APHIS Officer responsible for Virginia and, after explaining the event in detail, the Promoters were informed that, absent a USDA designation to the contrary, a Class C License was not necessary or appropriate for the Event because the Event utilizes a professional rodeo production company and, for all intents and purposes and concerning all animal care and transportation, operates as a rodeo. III. Analysis of 9 CFR§§ 1.1 and 2.1 Congress enacted the AWA to ensure the humane treatment of certain animals involved in commerce, with a focus on transportation, sale and exhibition, and tasked the USDA with promulgating regulations to effectuate this purpose. 7 USC§ 2131.The USDA requires the organizers of certain activities, where certain animals are exhibited for consumption, such as zoos, circuses and carnivals, to obtain a Class C License to conduct these activities. 9 CFR § 1.1, 9 CFR § 2.1. The AWA and the USDA specifically and intentionally exclude certain activities where trained professionals work with trained animals, and where participants engage with the animals for the purpose of sport, such as rodeos, horse races, dog shows, livestock shows and field trials, from the licensing requirements of 9 CFR § 2.1.See 9 CFR § 1.1. The Event clearly falls under the exclusion of 9 CFR § 1.1 and, therefore, a Class C License is not necessary or appropriate. 9 CFR § 2.1 requires Exhibitors of certain animals to obtain a Class C License to conduct their activities. The term "Exhibitor" "includes carnivals, circuses, animals acts, zoos and educational exhibits, exhibiting [certain] animals whether operated for profit or not." Id. The term Exhibitor"excludes retail pet stores, horse and dog races, organizations sponsoring and all persons participating in state and county fairs, livestock shows, rodeos, field trials, coursing events, purebred dog and cat shows and any other fairs or exhibitions intended to advance agricultural arts and sciences..." Id. The events excluded from the licensing requirements of the AWA are of an entirely different nature than those requiring licenses. The activities requiring licenses generally involve the caging of animals for extend periods of time for the purpose of exhibition and consumption. The activities excluded from the licensing requirements involve highly valuable animals that are bred and trained for sport or sold for a specific purpose. These animals are typically owned by the professionals responsible for their handling and care during the events. The nature of the relationship between the animals and 4 the professionals that work with them and the high value of the animals lends itself to an environment where the animals involved are properly cared for. The Event is conducted by a professional rodeo production company that uses trained rodeo professionals to handle animals that are specifically bred and trained for the Event's activities. For all intents and purposes,the event is a rodeo and falls into the class of activities excluded from the licensing requirements. Indeed, the event is significantly safer for the animals and participants than the bull riding aspects of certain rodeos. Accordingly, the Event is both a rodeo production and the type of activity intended for exclusion from the licensing requirements of 9 CFR § 2.1. IV. Request For Clarification and Designation For the reasons stated above, the Promoters respectfully request the USDA clarify the AWA as it applies to the term "Exhibitor" pursuant to 9 CFR § 1.1 and designate the Event as a rodeo, or activity intended to be excluded from the term "Exhibitor" pursuant to that section. As a rodeo,the Event will continue to follow all local, state and federal Laws governing rodeos to assure that the event is as safe as possible for both the animals and participants involved. If, however,the USDA should determine that the Event requires a Class C License pursuant to 9 CFR § 2.1, then the Promoters are happy to revisit their discussions with appropriate APHIS personnel to work toward obtaining that license. Sincerely, Bradford D. Scudder, Esq. Chief Executive Officer The Great Bull Run LLC (413) 522-0602 brad @thegreatbullrun.com MA BBO#: 673198 Robert C. Dickens III, Esq. Chief Operating Officer The Great Bull Run LLC (919) 370-2097 rob @thegreatbullrun.com NY ARN #: 4699740 5 Stuart Wall, Esq. Director of Events The Great Bull Run LLC (413) 772-9270 stuart @thegreatbullrun.com MA BBO#: 685437 6 USDA A" United States Department of Agriculture office of the Secretary Washington,D C.20250 NOV 14 2013 Mr. Bradford D. Scudder Chief Executive Officer The Great Bull Run 236 Huntington Avenue, Suite 303 Boston,Massachusetts 02115 Dear Mr. Scudder: Thank you for your letter of August 13, 2013, regarding the U.S. Department of Agriculture's (USDA)enforcement of the Animal Welfare Act (AWA) as it may apply to "running with the bulls"events being held by your company, The Great Bull Run LLC. We sincerely regret the delay in our response. USDA takes very seriously its obligation to protect animals used for AWA-regulated purposes and works diligently to enforce the law and its supporting regulations. Personnel with USDA's Animal and Plant Health Inspection Service (APHIS) attended your company's event on August 24,2013, to gather additional information that would inform our evaluation. I appreciate the information you provided to APHIS personnel that day. After attending the event and reviewing it in accordance with our AWA statutory and regulatory authority, also taking into account the information you provided, USDA has concluded that this is a rodeo-type event, which is exempt from AWA regulation. Nevertheless, your company must continue to comply with all applicable laws and regulations governing such events. Again, thank you for writing. A similar letter is being sent to Mr. Robert C. Dickens, III, and Mr. Stuart Wall. Sincerely, Thomas J. i k Secretary An Equal Opportunity Employer