The Cattlemen’s Capitol Concerns (CCC) is a weekly report from Washington, D.C., giving an up-to-date summary of top policy initiatives concerning the cattle industry; direct from the National Cattlemen’s Beef Association (NCBA).

Taiwan Trade:  U.S. Agriculture Secretary Mike Johanns announced January 25 that Taiwan will lift its ban on U.S. beef exports, effective immediately. Taiwan will now accept U.S. boneless beef from animals under 30 months of age. In 2003, the United States exported more than $76 million worth of beef to Taiwan, with boneless beef products accounting for $56 million. Cattle producers are pleased to have the opportunity to export to Taiwan once again and continue to urge the full reopening of all export markets for U.S. beef.

Fourth Case of BSE Found in Canada:  The Canadian Food Inspection Agency (CFIA) announced January 23 that a fourth case of mad cow disease has been confirmed in an Alberta cow that was approximately six years old. Brian Evans, CFIA’s chief veterinary officer said the animal didn’t enter the food or feed systems.  Evans characterized the finding as “not unexpected” and said it was identified through Canada’s national surveillance program, which targets cattle at highest risk of being infected with BSE. The program has tested more than 87,000 animals since Canada’s first BSE case was found May 20, 2003. 

NCBA does not expect this case to affect the beef trade status between the United States and Canada or other countries. We believe the United States should continue to engage in trade that is consistent with the international standards outlined by the World Organization for Animal Health (OIE), and we expect countries that trade with us to do the same.

Japan Confirms 22nd Domestic Case of BSE:  While Canada wrestled with the ramifications of discovering its fourth case of BSE, a Japanese Ag Ministry official confirmed Japan’s 22nd case of BSE.  A Holstein cow in Hokkaido, Japan was confirmed to be positive for BSE.  The animal was reportedly 64 months of age – just over 5 years old.  The discovery ironically comes days after Japan halted imports of U.S. beef because a shipment of veal from a 4 ½-month old animal contained vertebra, violating the U.S.-Japan trade agreement. (see “Japan Trade Update” below) 

Japan Trade Update:  Media reports focused not so much on this week’s BSE discoveries in Japan and Canada, but on U.S.-Japan trade discussions over why a bone-in veal product was allowed to leave the United States for sale in Japan.  Despite the veal product being safe for human consumption (from an animal under 5 months of age), it violated a technical term of the agreement on beef trade between the United States and Japan. 

Deputy Secretary of State Robert Zoellick had meetings in Tokyo this week with top Japanese officials, including Japanese Prime Minister Junichiro Koizumi.  In addition, high level USDA officials led by USDA Undersecretary J.B. Penn, were in Japan for meetings on the issue. Media reports quote Japan's agriculture minister, Shoichi Nakagawa, as saying that American beef already distributed in Japan since the lifting of the import ban last month is safe and can be eaten with no worries.

U.S. cattlemen are extremely disappointed that the resumption of U.S. beef exports to Japan has been temporarily setback.  The removal of the vertebral column (not considered an SRM in animals under 30 months of age) is significant only because it is a specification within our agreement with Japan, and we are committed to ensuring that these specifications are strictly adhered to in the future. 

President Bush Vows “Aggressive” Approach on Beef Trade:  During a speech at Kansas State University on January 23, President Bush said he will be more aggressive in reopening markets to American beef and assuring foreign buyers there is no danger of BSE.  In response to a question posed by former NCBA President and Kansas cattle producer Jan Lyons, Bush said he wanted to "make sure we're treated fairly" in beef exports.  "We have got to be aggressive about explaining to people why our beef is safe."

In regards to his trade philosophy in general, the President said “I'm a little concerned about trade agreements, though, because it's more and more difficult to get them passed out of the United States Congress. It seems like they're becoming so political that people either are becoming protectionist or lose sight of the value of opening markets.”

BSE Surveillance:  USDA’s Enhanced BSE Surveillance Program continues having already tested over half million high-risk animals for BSE since June 1, 2004.  As of today, the program has tested 597,863 targeted animals at highest risk for BSE and has found only one confirmed case, evidence that our safeguards are working and the prevalence of this disease in the United States is extremely low.  Testing 268,500 animals can detect BSE at a rate of 1 in 10 million adult cattle at a 99 percent confidence level.

Property Rights: The 10th Circuit Court of Appeals upheld a decision January 11 protecting the private property rights of Wyoming rancher Frank Robbins.  In Robbins v. Wilkie, Frank Robbins sued Bureau of Land Management (BLM) employees under the Racketeer Influenced and Corrupt Organizations Act (RICO) for a violation of his constitutional rights by allegedly attempting to extort a right-of-way across his property.  In response to his refusal to grant a right-of-way across his property, the BLM allegedly refused to maintain the road providing access to his property; threatened to cancel, and then cancelled, his right-of-way across federal lands; stated they would “bury Frank Robbins”; cancelled his recreation use permit and grazing privileges; brought unfounded criminal charges against him; trespassed on his property; and interfered with his guest cattle drives.

The court first found that individuals have a Fifth Amendment right to exclude the government from one’s private property and the government may not retaliate against an individual for exercising that right. The BLM employees were not entitled to immunity from suit for allegedly violating that right. The court then found the BLM employees to have violated RICO.  This decision establishes important property rights principles and limits on conduct by government officials. 

Cattlemen Need to Voice Support for Private Property Rights:  Following the adverse 2005 Supreme Court ruling in the matter of Kelo vs. City of New London, America’s ranchers are banding together in an effort to defend their private property rights.  Although the case described above does not directly address the eminent domain concerns created by the High Court's ruling, it is a positive precedent upholding private property rights.

NCBA will continue to monitor legislative efforts to control the misuse of eminent domain authority.  For ranchers, it is critical that state and local eminent domain authority expanded by the Court's opinion be controlled by statute, and NCBA supports all legislative efforts to do so. It is important that cattle producers communicate the importance of this issue to their Senators and urge them to support S. 1313, the "Protection of Homes, Small Businesses, and Private Property Act of 2005."  Visit http://capwiz.com/beefusa/ to contact Senators directly.

USDA Announces $2.8 Billion in Hurricane Disaster Assistance:  Ag Secretary Mike Johanns announced January 26 an allocation of $2.8 billion in aid to assist victims of the 2005 hurricane season. Agricultural producers will receive $1.2 billion through various programs and $1.6 billion will restore homes and rural communities.  The funds will be distributed by way of five new programs; the Tree Indemnity Program (TIP), the Hurricane Indemnity Program (HIP), the Livestock Indemnity Program (LIP), and the Feed Indemnity Program (FIP); and an Aquaculture Block Grant program.

Producers in Alabama, Florida, Louisiana, Mississippi, North Carolina and Texas counties declared primary presidential or secretarial disaster areas in 2005 because of hurricanes are eligible to apply for assistance under the new programs. Additional information about USDA hurricane assistance is available at USDA Service Centers nationwide and online at http://www.usda.gov/HurricaneInfo.xml.

Death Tax Update:  NCBA is calling for support in the Senate for permanent Death Tax repeal and is hoping a vote in the Senate will happen before summer. NCBA and all of the organizations in the Family Business Estate Tax Coalition (FBETC) sent a letter to President Bush January 18 urging he once again include a provision to permanently eliminate this onerous tax in the fiscal 2007 budget plan. Permanent repeal of the burdensome Death Tax will dramatically reduce the time, money and energy spent by family business owners on estate planning and will preserve and expand employment opportunities.  Repeal of the Death Tax is critically important to the future of America’s farms and ranches and the people they employ. This month, Senate Majority Leader Bill Frist stated that he will endorse a vote in the Senate sooner rather than later.  Permanent repeal legislation passed the House last year, and NCBA will continue to work towards full repeal of the Death Tax this in the Senate this year.

Cattlemen Watch for Senate Action on ESA:  ESA reform remains one of the top priorities for NCBA and Public Lands Council members, and we’re working with key Senate offices to get legislation introduced in the Spring Session. 

Livestock producers are encouraged to support the efforts of the Senate Committee on Environment and Public Works led by Chairman Jim Inhofe (R-Okla.) and Ranking Member James Jeffords (I-Vt.) and the Environmental and Public Works Subcommittee on Fisheries, Wildlife and Water lead by Chairman Lincoln Chaffee (R-R.I.) and Ranking Member Hillary Clinton (D-N.Y.).  Contact your Senators’ offices directly and communicate to them the importance of introducing and supporting ESA reform legislation by visiting http://capwiz.com/beefusa

WTO Meetings in Switzerland: U.S. Trade Representative Ambassador Rob Portman and trade ministers from 30+ countries are in Switzerland this week to attend a WTO (World Trade Organization) Mini-Ministerial at Davos on January 27-28.  The participants will review the overall state of negotiations after Hong Kong. Also this week, the World Economic Forum is taking place in Davos http://www.weforum.org January 25-29. The World Economic Forum is an independent international organization. Bi-lateral meetings will also be conducted. NCBA is urging negotiators to turn attention to market access in agriculture at this mini-ministerial.

Congressional Schedule:  The Senate is currently in session and is considering the confirmation of Samuel Alito to be Supreme Court Justice. Congress’s focus next week will be on the President’s State of the Union Address January 31 and reviewing the President’s budget.  The House is scheduled to return from recess, February 1 and will focus on electing House leadership. 

CCC GOES TO DENVER NEXT WEEK!!!:  Cattlemen’s Capitol Concerns will publish next Thursday from the 2006 Cattle Industry Convention and Trade Show in Denver.  Look for our convention coverage on how the industry’s most crucial policy issues are addressed at our Convention General Session and Issue Forums on Thursday, February 2.  Other notable convention events include the following:

ESAP Winner To be Announced February 2nd:  The National Environmental Stewardship Award Program (ESAP) Selection Committee will announce the National Winner of the 15th Annual Awards Feb. 2 at the 2006 Cattle Industry Convention.  The national winner is chosen from these seven regional winners announced last summer:  Reg. I: Li’l Ponderosa Enterprises, Carlisle, Pa.; Reg. II: Lightsey Cattle Company, Lake Wales, Fla.; Reg. III: Faris Farms, Mount Ayr, Iowa; Reg. IV: Richards Ranch, Jacksboro, Texas; Reg. V: Sims Cattle Company LLC, McFadden, Wyo.; Reg. VI: Prather Ranch, Fall River Mills, Calif.; Reg. VII: Gates Angus Ranch, Coldwater, Kan.

Plenty to do in Denver to Support NCBA-PAC:  2006 is an election year!  Your support for NCBA’s Political Action Committee is needed more than ever!  NCBA has planned a wide array of convention events where you can support your PAC and help make a difference in this year’s election cycle!

• Silent Auction, February 1-3, NCBA Booth (Booth #2330), Cattle Industry Convention Trade Show
• All Breed Bull Auction, February 2 at 2:00pm, Booth #2400, Cattle Industry Convention Trade Show
• Team Penning/Barn Dance, February 3, National Western Complex (Transportation provided from convention hotels - VIP Buses leave at 6:00pm/General Boarding Buses begins at 6:30pm)
• Ski Train Trip to Winter Park, CO, February 5

For more information on NCBA’s upcoming PAC events, contact Erin Vincent in NCBA’s Washington office at 202-347-0228 or evincent@beef.org.

NCBA Career Fair At Convention: NCBA's Human Resources Department will host a Career Fair Booth at the 2006 Cattle Industry Convention and Trade Show in the NCBA area of the Trade Show, Booth #2330.  The primary purpose of the Fair is to recruit for open positions at NCBA and in the cattle industry as a whole.  Convention attendees are encouraged to stop by the booth for career training tips and assistance in writing an effective cover letter and resume.  Industry groups, organizations, and producers are encouraged to contact NCBA with information about job openings so that the information can be included in trade show publications and listings.  The deadline to submit open positions to be included in the HR booth/Career Fair is Monday, January 23, 2006!  Contact:  Erica Spiegle espiegle@beef.org or 202-347-0228!

Media Contact: Tanya Augustson or Karen Batra at 202-347-0228; taugustson@beef.org or kbatra@beef.org