California Sportsman Mag - Nov 2021 by Media Index Publishing Group

FISHING • HUNTING • TRAVEL CALSPORTSMANMAG.COM

California

Sportsman

Volume 14 • Issue 1

Your LOCAL Hunting & Fishing Resource

PUBLISHER James R. Baker

ADMINISTRATIVE ASSISTANT Katie Aumann

GENERAL MANAGER John Rusnak

INFORMATION SERVICES MANAGER Lois Sanborn

EXECUTIVE EDITOR Andy Walgamott

ADVERTISING INQUIRIES ads@calsportsmanmag.com

EDITOR Chris Cocoles

CORRESPONDENCE Email ccocoles@media-inc.com Twitter @CalSportsMan Facebook.com/californiasportsmanmagazine

CONTRIBUTORS Scott Haugen, Tiffany Haugen, Todd Kline, Rocky Mountain Elk Foundation, Bill Schaefer SALES MANAGER Paul Yarnold ACCOUNT EXECUTIVES Mamie Griffin, Jim Klark, Kelley Miller, Mike Smith DESIGNER Lesley-Anne Slisko-Cooper PRODUCTION ASSISTANT Kelly Baker DIGITAL STRATEGIST Jon Hines

ON THE COVER Scott Haugen lives for the winter days of waterfowl season in the blind with his dog Echo. He offers tips for decoy selection and placement and how to safely include your pup on your duck or geese hunt. See page 49 for details. (SCOTT HAUGEN) MEDIA INC PUBLISHING GROUP 14240 Interurban Ave. S., Suite 190 Tukwila, WA 98168 (800) 332-1736 • Fax (206) 382-9437 media@media-inc.com www.mediaindexpublishing.com

DIGITAL ASSISTANT Jon Ekse

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CONTENTS

VOLUME 14 • ISSUE 1

CLOSER THAN YOU THINK Catching big lingcod and a variety of colorful smaller but delicious rockfish species usually means a deep-sea excursion. But as bottomfish season begins to wind down this month and into next, Southern California anglers don’t need to head out too far off the coast. You can score limits of some amazing table fare just a mile or two outside the harbors. Our Southland skipper Capt. Bill Schaefer has caught plenty of these fish and details how to do it.

(MATT ELYASH/CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE)

FEATURES

ALSO IN THIS ISSUE

17 MORE TROUT INFECTIONS AT EASTERN SIERRA HATCHERY For the second time in 2021, a bacterial outbreak has stricken trout at the Eastern Sierra’s Hot Creek Hatchery. California Department of Fish and Wildlife says 15 percent of the facility’s fish, about 170,000 rainbows and browns, were infected and will be euthanized. How will it impact fishing in the region?

9 11 13 15 49

19 VETERANS’ ALASKAN ADVENTURE

41 WATERFOWL FAST TRACK

Six years ago we first profiled Bay Area resident Randy Houston, who had started a nonprofit organization to get wounded veterans outside to fish and hunt. Purple Heart Anglers, Houston’s tribute to his late Vietnam veteran brother Jerry, has now helped over 3,000 disabled servicemen and -women. Houston shared some of their memories from a recent salmon angling trip to Ketchikan, Alaska.

The Editor’s Note Adventures of Todd Kline Photo contest winners Outdoor calendar Use hunting lulls as teachable moments with your gun dog RMEF on the battle between true conservation, environmentalists’ endless litigation

If you’re new to waterfowl hunting, look no further than our Scott Haugen, a duck and goose hunting expert who knows his way around the marsh. From decoy choices to blinding up to how to utilize your bird dog for retrieval, Haugen offers up his best advice to get your limits asap, while wife Tiffany Haugen serves up a tasty recipe for goose breast.

Read California Sportsman on your desktop or mobile device. Go to www.calsportsmanmag.com/digital California Sportsman is published monthly by Media Index Publishing Group, 14240 Interurban Avenue South, Suite 190, Tukwila, WA 98168. Annual subscriptions are $29.95 (12 issues). Send check or money order to Media Index Publishing Group, or call (206) 382-9220 with VISA or M/C. Display Advertising. Call Media Index Publishing Group for a current rate card. Discounts for frequency advertising. All submitted materials become the property of Media Index Publishing Group and will not be returned. Copyright © 2021 Media Index Publishing Group. All Rights Reserved. No part of this publication may be copied by any means, electronic or mechanical, including photocopying or recording by any information storage or retrieval system, without the express written permission of the publisher. Printed in U.S.A. 6 California Sportsman

NOVEMBER 2021 | calsportsmanmag.com

O G O L W NE ! G A W S E FRE

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THEEDITOR’SNOTE

Randy Houston (with his beloved dog Pennie) can’t imagine his life without the work he’s done since starting his nonprofit organization, Purple Heart Anglers. “Do I want to do this until I can’t do this anymore? Yeah,” the soon-to-be 72-year-old said. (RANDY HOUSTON)

henever I chat with Randy Houston, the Bay Area man who started nonprofit veterans outdoor organization Purple Heart Anglers, he gets emotional. Which in turn gets me emotional. Houston, who has been based near where I grew up just outside San Francisco, is one of the most inspirational philanthropists I’ve ever corresponded with during my stint editing this magazine. I caught up with him to chronicle his latest fishing trip to Ketchikan, Alaska – this was the organization’s eighth time there – with two handfuls of soldiers wounded in combat during our country’s various wars. It’s just the latest of the efforts Houston and his fellow volunteers at PHA have made for years to offer these disabled veterans a thank you for their sacrifices. I’ve interviewed and written about Houston multiple times, and when I asked him to share some of his most recent interactions with those he gets out to fish and hunt with, he only agreed to get specific if our conversation was off the record. And then I knew why. The stories of PTSD effects can be too horrifying to print. But that’s part of what inspires Houston, who turns 72 this month, to keep this journey going to honor his late brother Jerry, a decorated Vietnam War veteran who passed away in 2011. Purple Heart Anglers was born when Jerry died. Houston had no military connection himself except for his big brother, and almost a decade later he can’t see himself not continuing the commitment he made to doing what he can for these American heroes. “Do I want to do this until I can’t do this anymore? Yeah. My goal, I guess if you want to call it a goal, is to have this live on past me. I just want it to keep going,” he told me. “It’s not about me, but it’s about the ability to get a disabled veteran out fishing for a day. That’s something I want to continue.” And we should all be thankful for him and so many others to make these trips possible. As we prepare for Veterans Day on the 11th of this month, please consider a donation to Purple Heart Anglers or a comparable nonprofit. It’s the least we can do. -Chris Cocoles calsportsmanmag.com | NOVEMBER 2021 California Sportsman

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e’re not ashamed to admit it: Todd Kline has the kind of life we wish we could experience. Kline’s a former professional surfer, a successful co-angler on the FLW Tour and a Southern California bass guide, plus he gets to travel the world as a commentator for the World Surf League’s telecasts. Todd has agreed to give us a peek on what he’s up to each month. For more on Todd or to book a guided fishing trip with him, check out toddklinefishing.com, and you can follow him on Instagram at @toddokrine. –The Editor

As we prepare to honor our American servicemen and -women this month on Veterans Day, I participated in a Wounded Warriors fishing event in San Diego. (TODD KLINE)

You always want to try to match the hatch, and I did at San V with this big craw. Happy Thanksgiving! (TODD KLINE)

It was a great day on the water at San Vicente with this veteran. Thank you for your service to all. (TODD KLINE)

calsportsmanmag.com| | NOVEMBER NOVEMBER2021 2021 California Sportsman calsportsmanmag.com

Last month saw me head to the Las Vegas area for the U.S. Open at Lake Mead. I camped along the shore with a rainbow to admire on the horizon, (TODD KLINE)

All decked out for a day of tournament fishing on the Colorado River impoundment! (TODD KLINE)

This ram was also taking in the view at Mead. (TODD KLINE)

This fall has also seen me compete in a Major League Fishing event on Lake Havasu, where I landed this pretty smallmouth. (TODD KLINE)

12 California Sportsman

NOVEMBER 2021 | calsportsmanmag.com

PHOTO

CONTEST

WINNERS!

Kelly Frazier is the winner of our monthly Fishing Photo Contest, thanks to this shot of her and her West Coast albacore. It wins her gear from various tackle manufacturers!

Pierce Offner is our monthly Coast Hunting Photo Contest winner, thanks to this shot of he and his archery mule deer buck. It wins him a knife and light from Coast!

For your shot at winning hunting and fishing products, send your photos and pertinent details (who, what, when, where) to ccocoles@media-inc .com or California Sportsman, 14240 Interurban Ave. S., Suite 190, Tukwila, WA 98168. By sending us photos, you affirm you have the right to distribute them for our print or Internet publications. calsportsmanmag.com | NOVEMBER 2021 California Sportsman

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OUTDOOR CALENDAR NOVEMBER 6

Deer season opens in Zone D-12 6 Imperial County Zone white goose season opens 6-7 NorCal Trout Challenge Tournament of Champions, Collins Lake (anglerspress.com) 6 Fort Hunter Liggett antlerless archery tule elk season opens 7 Scaup hunting opens in most state zones 8 North Coast Zone Canada goose season opens 8 Northern Zone black brant season opens 9 Balance of State black brant season opens 13 General/statewide pheasant season opens 13 La Panza Period 2 antlerless tule elk archery season opens 13 Fall wild turkey season opens 13 Late dove season opens

DECEMBER 5

Most bighorn sheep hunting seasons open 7 Balance of State Zone American crow season opens 12 Fall wild turkey season closes 16 Second Northeastern Zone scaup season opens 18-26 South Zone bandtail pigeon season dates 21 Fort Hunter Liggett Period 3 tule bull elk hunt season opens 26 General bear hunting season closes 27 Second archery-only pheasant season opens Note: With COVID-19 restrictions uncertain, always confirm events before attending. For a complete list of bass tournaments statewide, go to dfg.ca.gov/FishingContests/default.aspx. General bear season opens concurrent with general deer season in the A, B, C, D, X8, X9A, X9B, X10 and X12 deer hunting zones and extends through December 26, 2021.

Collins Lake has some great trout fishing opportunities and is hosting the NorCal Trout Challenge Tournament of Champions Nov. 6-7. (COLLINS LAKE RESORT)

calsportsmanmag.com | NOVEMBER 2021 California Sportsman

FISHING Hot Creek Hatchery in Mono County has suffered a second outbreak of Lactococcus garvieae, a condition similar to strep throat. California Department of Fish and Wildlife announced about 170,000 rainbow and brown trout, 15 percent of the hatchery’s stock, were infected and would be humanely euthanized. (CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE)

HATCHERY ENDURES SECOND BACTERIAL OUTBREAK J

ust like humans have been fighting the spread of COVID-19, infections have wreaked havoc on trout being raised at Hot Creek Hatchery in Mono County. For the second time this year, a bacterial outbreak has stricken the state-run hatchery’s fish. Fortunately for local anglers, in both instances the outbreaks have been caught early, though thousands of trout have been infected with Lactococcus garvieae, a condition comparable to streptococcus or strep throat. Per a California Department of Fish and Wildlife press release, 15 percent of Hot Creek Hatchery’s trout have been infected, 118,000 rainbow trout and 52,000 browns. Of the latter species, 2,000 were broodstock fish that weighed 2 to 3 pounds apiece. CDFW announced it would quarantine the hatchery and suspend its trout planting program. The

15 PERCENT OF MONO COUNTY FACILITIES’ RAINBOWS, BROWNS INFECTED

infected fish would also be “humanely euthanized,” and facility managers plan to vaccinate all the fish stocks that aren’t infected. “The encouraging news is that we caught the outbreak early as part of our routine testing and only a portion of the hatchery’s trout has been infected,” said Jay Rowan, CDFW’s statewide hatchery program manager. “We now have proven and effective vaccines to protect uninfected fish – vaccines developed recently in a partnership between UC Davis and CDFW. We’re in the process of vaccinating the hatchery’s healthy fish populations. Unfortunately, we don’t have a cure or treatment for infected fish at this time.” Hot Creek is an important Eastern Sierra hatchery for rearing and stocking trout for some of the region’s most popular fisheries, including Crowley Lake and stretches of the Owens River.

“CDFW expects low to moderate impacts to waters stocked by the Hot Creek Trout Hatchery in 2022,” the press release stated. “Nearly a million fish have tested negative and will undergo vaccination, either through a bath immersion process for smaller, juvenile fish or injection into larger fish. These healthy populations include rainbow trout broodstock, brown trout broodstock, rainbow and brown trout of various sizes, and juvenile Lahontan cutthroat trout. Once vaccinated, the fish will be safe to plant and safe for anglers to consume.” Similar outbreaks occurred in other Eastern Sierra and Southern California hatcheries in 2020, resulting in about 3.2 million fish euthanized, but those facilities are operational again, and two are back to stocking trout for recreational fisheries. CS

calsportsmanmag.com | NOVEMBER 2021 California Sportsman

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FISHING

BACK TO ALASKA AND BACKING OUR HEROES DISABLED VETERANS SAVOR GUIDED LAST FRONTIER SALMON FISHING TRIP By Chris Cocoles

t never gets old for 72-year-old Randy Houston, whose Bay Areabased Purple Heart Anglers this fall continued a tradition of raising money to send disabled veterans on fishing and hunting adventures. In October, Houston and his charity got several wounded warriors who served in various combat tours during American wars on a memorable salmon fishing trip to Ketchikan, Alaska. “This was our eighth trip and we had 12 total this year,” Houston said of this latest visit to the Last Frontier, a tally that included himself, veterans and volunteers who were on hand to help out. “It’s a great trip. The vets, they just have a blast. It’s emotional, but at the same time it’s a lot of fun. We had several up there who had never been to Alaska. And some of them had never caught a salmon before. Firsts and firsts.” In all, the vets brought home about 34 pounds of salmon fillets apiece “for them, their families and their friends,” Houston said. But as most of these journeys have gone during Purple Heart Anglers’ near-decade of existence, it’s a whole lot more than just catching fish. “It’s such a broad range of (emotions). My wife calls it calm exhilaration,” said Houston, who started Purple Heart Anglers back in the early 2010s to honor his late brother Jerry, who earned two

A dozen visitors led by veterans who were wounded in combat headed to Ketchikan, Alaska, in October. Bay Area-based Randy Houston (inset) arranged an eighth trip there with his Purple Heart Anglers organization that gets our veterans outdoors. (PURPLE HEART ANGLER) calsportsmanmag.com | NOVEMBER 2021 California Sportsman

FISHING

Houston is grateful for his volunteers and businesses like Ketchikan’s Gilmore Hotel, which has selflessly provided Purple Heart Anglers participants with lodging during their Alaska adventures. (PURPLE HEART ANGLERS)

Purple Hearts and a Bronze Star for Valor in Vietnam (California Sportsman, May 2014). “When it started out years ago, people asked why I do what I do, and I said I wanted to do something with my brother, and it has just morphed into what it is. And over the years we’ve now had over 3,000 disabled vets out, and that doesn’t even include their families and all the volunteers who have gotten out with us. Now I do it because it needs to be done.” It’s been quite a ride for all involved. The emotions have been at high levels for the wounded vets who gathered for the trips. Houston said many of the stories he’s heard are not prudent to print, and while Purple Heart Anglers prides itself on the notions that “We don’t do politics and we don’t do therapy,” Houston embraces the importance of helping bring these brave men and women

a sense of normalcy and peace after they sacrificed so much in battle. “To see the vets up there enjoying the country that they served and protected, and being able to give them an opportunity to do that, (it’s special) to see the looks on their faces,” Houston said, also understanding that as the years have gone by he’s had to say painful goodbyes. “On the way back I was talking to one of our volunteers and I looked up the photos that I’ve got from the past, and we’ve probably lost 10 (people) who have passed away.” But for many of them, this Alaska trip and all the other fishing and hunting adventures have provided memories for everyone who participated in or helped pave the way for the excursions. Houston is based in the Bay Area coastal community of Half Moon Bay, but he plans to relocate to

20 California Sportsman NOVEMBER 2021 | calsportsmanmag.com

Oregon soon. Still, there are plenty of California fishing and hunting trips on the horizon, and Purple Heart Anglers’ annual fundraising crab feed is set for Nov. 6 in the Sacramento suburb of Carmichael. “To see them, it gives me personally a sense of satisfaction, saying thank you for what they've done and also what they’ve done for me and my family,” Houston said. “All of the stuff that they went through to be of service to me. And to be able to stand there and catch fish was something I won’t forget … I’m proud of the people who are involved with (Purple Heart Anglers). It’s just an amazing thing to watch.” Purple Heart Anglers’ Alaska trips have been aided by the generosity of businesses like Ketchikan’s Gilmore Hotel (907-225-9423), which has hosted the group, and local fishing guides from Oasis Alaska Charters

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FISHING

Ketchikan’s Oasis Alaska Charters also generously donated their time and boats to get the wounded warriors out on the water. (PURPLE HEART ANGLERS)

The sea was too rough to get out into deep water to target halibut, but the salmon were biting. Houston said everyone was able to bring home about 34 pounds of fillets each. (PURPLE HEART ANGLERS)

22 California Sportsman NOVEMBER 2021 | calsportsmanmag.com

(907-302-4115; oasisalaskacharters. com), who made sure everyone went home with plenty of salmon fillets. “The Gilmore Hotel has been on our side since day one. We’ve got a (Purple Heart Anglers) plaque that hangs on their entry across from the front desk, a ‘Thank you for everything you’ve done.’ And they treat us with respect and dignity. They care.” As for Oasis Alaska Charters, Houston noted, “They go way past what normal is. Last year when Covid was going on, they had just bought a new van and instead of having us take taxis, they gave us the keys to the van to use in getting us to and back for the fishing. And they don’t do that for everybody.” Houston raved about the guides’ generosity to his organization and

WE SALUTE OUR VETERANS

THANK YOU FOR YOUR SERVICE

calsportsmanmag.com | NOVEMBER 2021 California Sportsman

FISHING has appreciated just about everyone he’s interacted with on his multiple trips to the Last Frontier and specifically in Ketchikan. “The taxi cab drivers, they know who we are. They remember us from the years’ prior. They’re always there to welcome us and to take us wherever we want to go – even on side trips like to go see the bears. They don’t charge us for that. They just take us. Everybody cares and they treat the vets with the respect that I consider to be due.” And the now annual trips to Alaska have become standard for Houston. Before even heading back to the Lower 48 last month, he had already made arrangements for a 2022 return for a new group of fishing vets. “It’s one of those trips of a lifetime,” he said. CS This was another memorable trip for those who served our country. It’s also gratifying for Houston and others who help make these trips possible. “To see the vets up there enjoying the country that they served and protected, and being able to give them an opportunity to do that, (it’s special) to see the looks on their faces,” Houston said. (PURPLE HEART ANGLERS)

24 California Sportsman NOVEMBER 2021 | calsportsmanmag.com

Editor’s note: For more on Purple Heart Anglers and how to contribute, go to purpleheartanglers.org.

calsportsmanmag.com | NOVEMBER 2021 California Sportsman

FISHING

LATE SEASON ROCKS! LATE-SEASON ROCKFISH PROVIDE FUN, FEASTS FOR SALTWATER ANGLERS By Capt. Bill Schaefer

ovember is here and the waters off Southern California are cooling. And with it shallow-water rock cod season is coming to an end December 31, although a lot of anglers wish it was just beginning. It is time to fill your freezers and bide your time for the next few months until the season reopens on March 1, 2022. Many fishermen ignore the rockfish for the pelagic fish and inshore bass fishing during this time of year, but turn to them now and stock up on the prime white meat of the ocean. Just make sure you have a copy of the most recent regulations, which can change every year.

FISH ARE CLOSE BY

While the waters can start getting rough as Pacific storms start to arrive, the good news about shallow-water rockfish angling is that you may only be a mile or two outside the safety of your home harbor. If it looks like it’s going to get wild out there, play it safe and run for port. But clear, crisp fall and winter days can be a nice fishing getaway on the ocean and a fun, relaxing experience, especially if you are catching fish. Right now you can slide out to man-made reefs, piles of old concrete bridge pilings, sunken

Charlie Thomas shows off a nice red rock cod caught on a swimbait. It’s late in the season for these and other bottomfish, but fishing should remain productive until the Dec. 31 closure. (BILL SCHAEFER) calsportsmanmag.com | NOVEMBER 2021 California Sportsman

FISHING Kelvin Nettleton caught this beauty from around a rockpile. Rockfish offer some of the Southland saltwater’s best table fare. (BILL SCHAEFER)

get from these fish is great no matter the prep or recipe. Probably the most common fish taken is the red rock cod. They are great eating, like all the others that fall into the rockfish or ground fish category. Also in this category are the cabezon, lingcod, scorpionfish – handle with care – and the California sheephead. And it is not out of the norm to have a lingcod eat your rockfish on the reel up. You fight and fight, only to see the ling spit your shredded fish out a few feet under the surface. But score a nice ling and you’re in for anything but a consolation prize – some great eating awaits!

TRACKING ROCKFISH

ships, rocks dumped to form reefs, and outlet pipes covered with large granite boulders to protect them. As natural drop-offs and contours in the bottom with deep rock structure, they attract the entire food chain and there are usually some resident rock cod there, but their numbers should increase as ocean waters cool. Short trips out onto shallow water – maybe 100 to 200 feet deep – can produce right now as other species fade away. The good news is you can use your saltwater bass gear at many of these spots, but you might

go to one of the 300- or 400-series reels for a little extra line capacity. And, with most bass fishermen using braid nowadays, it just works out without having to refill the line on your reel. The braid definitely helps with bite detection and setting the hook in waters so deep.

PLENTY OF FISH

The list of rockfish and their cousins is endless, with about 90 species according to the California Department of Fish and Wildlife. And the beautiful white meat you

28 California Sportsman NOVEMBER 2021 | calsportsmanmag.com

As I mentioned, with cooling waters the fish are starting to gather around on deeper spots. Some are there year-round, but other targets attract our attention during the summer. A good fish finder with mapping can be a key to this type of fishing. The high-resolution screen helps you find more details on the bottom and the mapping lets you mark the spot with a waypoint to return to in future years. When looking for a new area, meter around with a starting point at the visible kelp and work out into deeper water. A zigzag pattern will help cover ground when searching. Rockfish look like thick clouds on the bottom or on structure. Usually they’re thicker-looking marks than sand bass or calicos, which, if feeding, look more like streaks on the screen or elongated hooks. You can rely on reefs – both artificial and natural – but finding your own area and marking it for future use can be fun as well, especially when you score limits there. When setting up for a drift, go upwind and drift over the spot, either long-lining your bait or vertical jigging. If the wind or swell is pushing you along too quickly, cast to the spot ahead of the boat. By

FISHING Tom Buckalew’s nice sheephead bit a swimbait off a deep man-made structure. Hefty lingcod and cabezon are also options for anglers. (BILL SCHAEFER)

the time you arrive, the bait should be on the bottom. If you are lucky enough to have a trolling motor with Anchor or Spot Lock, you can hold yourself right over the area.

GEAR, TACKLE CHECK

With its no-stretch characteristics, stringing up with braided line will help you feel deep-water bites and set the hook faster. For example, I use a Daiwa Proteus WN trigger stick rod with a Lexa 300 or 400 reel loaded with 50- to 60-pound Daiwa or Maxima Braided line and a Maxima fluorocarbon leader. Of course, you can fish with

various bait options like squid, anchovy or sardines, but plastic swimbaits and large grubs will work just as well. For the latter category, your favorite swimbaits or extra-large curltail grubs from Big Hammer, MC Swimbaits, Reyes Swimbaits, Reebs Lures or LK Lures will do. You may need 1- to 3-ounce jigheads to reach bottom, depending on depth or current, but I’m talking 80 to 160 feet of water on average. Heavy iron jigs, spoons and rock cod jigs will also work well, provided they can make the trip down to the fish. Tipping any of the above with a

30 California Sportsman NOVEMBER 2021 | calsportsmanmag.com

squid strip or a coating of Uni Butter can also help attract bottomfish.

BONUS CATCHES

There can be a ton of incidental catches as well – calicos, sand bass, halibut and even yellowtail – making for a pleasant surprise. Shallow-water rockfish can be a lot of fun to catch. You never know what you’re going to pull up from below. Searching them out, finding a cloud of fish and dropping down to get bit provides the anticipation and unknown of what you will bring up. The tastes and flavors on your dinner table can be out of this world too. CS

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Whether you’re cruising or trophy hunting, in summer or winter, the Sea Sport Explorer 2400 provides the best performance of any boat in its class due to the signature of the Sea Sport “Deep-V” hull design. The wide walk-around, built-in cockpit steps and a huge hardtop are just a few of the features you will find on a long list of standards. Features include a full dinette and galley, an enclosed stand-up head and increased bunk space. calsportsmanmag.com | NOVEMBER 2021 California Sportsman

2021

Black Hills Ammunition black-hills.com New for 2021 is the Black Hills Ammo 6.5 Creedmoor 130-grain Dual Performance. Upon impact, the bullet expands quickly; the petals then fracture and continue penetrating, cutting through stressed tissue. Adequate penetration is assured by the projectile’s solid copper shank, retaining a uniform weight, which continues on to a depth of up to 27 inches. Velocity is 2,800 feet per second from a 22-inch barrel.

Western Spirit Ranches

huntsouthernidaho.com Western Spirit Ranches, a pheasant hunting and shooting preserve in Shoshone, Idaho, has been going strong since 1998. The preserve features 600 acres of farm ground and natural habitat full of rivers, streams and ponds. Western Spirit Ranches raises and releases only quality, hard-flying pheasants. Solo, corporate and group hunts with highly trained guides and dogs are on offer.

Stocky’s Stocks

stockysstocks.com At under 24 ounces, Stocky’s new Carbon Hunter is sure to find its way into some very nice rifles. The UltraLite NextGen CF Hunter is a full-size hunting stock designed for any barrel you might want to run on it, from sporter to M24/Proof carbon (or even larger). Truly the next generation of carbon fiber layup: they are stronger, lighter and more precisely machined than ever before.

CDNN Sports

cdnnsports.com The Rem Squeeg-E Operator Field Cleaning System is tailored to the AR and handgun enthusiast who needs the benefits of the revolutionary Remington Bore Squeeg-E cleaning system in a compact, ready go-bag. The kit contains essential cleaning tools for ARs, rifles, shotguns and handguns in .22/.223/5.56mm, .30/.308/7.62mm, .357/.380/.38/9mm, .44/.45 and 12-/16-/20-/28-gauge. Designed with help from former US Navy SEALs, the compact pack is constructed of heavy-duty, water-resistant canvas, and features quiet zipper pulls and MOLLE-mountable rear velcro straps. Everything you need for field cleaning with the Rem Squeeg-E system without carrying patches. 34 California Sportsman NOVEMBER 2021 | calsportsmanmag.com

Leelock

leelock.com The new Crab Cracker tool from Leelock will allow you to measure your Dungeness crabs to determine which ones are legal to keep. Then use the “cracker” to crack them in half, separating the two clusters from the shell and guts. The Cracker has been designed so that it sits nicely on top of a 5-gallon bucket, perfect for when you clean crabs. The bucket gives you a stable base, which makes it easier to clean – the guts and mess go into the bucket, making cleanup a snap. Crabs cleaned this way take up half as much space as whole crabs, so you can cook twice as many in your kettle. The Crab Cracker is a unique tool made from solid aluminum, and comes in handy for cleaning Dungeness crabs.

FISHING

Vortex Optics

vortexoptics.com Western hunting demands an optic built for long range and the long haul, and the Razor HD LHT 4.5-22x50 FFP delivers. You still get the core of the Razor HD LHT, including a stunning HD optical system and rugged build in a scope that’s among the lightest in its class.

PrOlix Lubricants

prolixlubricant.com Even Santa would love to see a bottle of PrOlix in his stocking this holiday season! There is no product on the market to date that works like PrOlix; just see their ad in this publication and learn more over at their website! Let PrOlix make it a joyful holiday!

Diversified Innovative Products

diproductsinc.com The folks at DIP Inc. are not content with the cheap plastic parts that many firearms companies produce to cut production costs for rimfire firearms. At DIP, they make drop-in metal replacement parts and accessories that are both high quality and affordable. All products are made in the USA. DIP manufactures parts for the following brands: CZ, Marlin, Savage, Ruger, Remington, Tikka, Steyr, S&W, Howa, Marlin, Sako, Anschutz, Henry and others.

Sage Canyon Outfitters

sagecanyonoutfitters.com A Sage Canyon gift card is the perfect way to give the hunter in your life exactly what they want! Gift cards can be used toward anything on the ranch, including bird packages, guides, lodging and much more!

calsportsmanmag.com | NOVEMBER 2021 California Sportsman

Peet Family Dryer

2021

peetdryer.com Introducing the only shoe dryer on the market that dries three pairs of boots or shoes at once. New multiport base with push-button digital display allows for easy operation. Works with all DryPort accessories (excluding Helmet). Dries in one to four hours with heat/no-heat settings. Up to four tubes can be shut off manually when not in use. Doing so will increase fan velocity of tubes in use. New handle and space-saving design make for a more portable unit.

Nootka Marine Adventures Todd Vandivert

amazon.com/author/toddvandivert Retired Washington Fish and Wildlife Detective Todd Vandivert has written seven books, including the nonfiction Operation Cody and the six-book fiction series Wildlife Justice. Operation Cody details an actual undercover operation conducted in Washington. The fictional Wildlife Justice series is centered around fictional game wardens in Okanogan County, Washington. Available now on Amazon!

nootkamarineadventures.com West Coast saltwater fishing at its finest with Nootka Marine Adventures! Gift certificates are available for three luxurious resorts on the west coast of Vancouver Island, Canada. Target salmon, halibut, lingcod, albacore tuna and more. Allinclusive stays with gourmet meals. The perfect gift for any angler!

American Turbine

americanturbine.com American Turbine manufactures six models of jets for welded aluminum and fiberglass boats. American Turbine produces repair parts for all domestic jets, as well as repair parts for Hamilton models HJ212, HJ213 and HJ241.

Boat Insurance Agency

boatinsurance.net The Boat Insurance Agency is an independent agency representing the best marine insurance companies. They carefully compare a number of policies to find the lowest premiums and best values for your boat insurance needs. Boat Insurance Agency is owned and operated by Northwest boaters. They have the local knowledge needed to understand boating in the West, along with your special needs. Contact them for an insurance quote and to learn more about the value and service they can offer.

Bait Buttons

baitbuttons.com Bait Buttons are a simple and easy way to keep your baits – natural or artificial – in place on your hook.The Bait Button is a silicone disc that comes in a simple, easy-to-use dispenser. Comes in two sizes. Makes a great stuffing stuffer.

36 California Sportsman NOVEMBER 2021 | calsportsmanmag.com

Field N Marsh Outfitters

northwesthunting.com Jeff Miller combines his love and knowledge of the outdoors with a passion for excellence and 20-plus years of hospitality management and over 30 years as a full-service outfitter to provide an exceptional experience for both his numerous day hunters, destination-oriented individuals and corporate groups.

Davis Tent

davistent.com Find canvas hunting tents, stoves, cots, panniers and accessories at Davis Tent.

Pacific Wings Waterfowl Adventures

pacific-wings.net Hunt corn pond mallards in Eastern Washington with Pacific Wings Waterfowl Adventures. All private property with 16 private ponds and deluxe steel pit blinds. On these fully guided hunts, hunters average over five ducks per day in most years. See their videos on YouTube @PacificWingsHunting and @JayGoble.

Outlander Charters

outlandercharters.com Give someone the special gift of a charter trip aboard the Uitlander, a 32-foot Allied Dominator with a bathroom and heater. Wintertime squid trips, springtime halibut combo trips and summertime tuna/ salmon trips. Gift certificates available and 10 percent off for active and retired military.

calsportsmanmag.com | NOVEMBER 2021 California Sportsman

2021

Timber Creek Outdoors

timbercreekoutdoorsinc.com Your next AR build starts here. Customize your AR with Timber Creek’s Upper Parts Kit, Lower Parts Kit or the Full Enforcer Kit. All build kits are available in multiple color options. All Timber Creek products are proudly made in Springfield, Oregon, and are backed by a lifetime warranty.

Alaska Marine Highway System

ferryalaska.com If you’ve ever dreamed of a trip to Alaska, take an unforgettable trip aboard an Alaska State Ferry. It’s an ideal way to travel as a walk-on passenger or with a vehicle, and allows you the flexibility to create your own schedule, explore off-the-beaten-path destinations and experience Alaska at your own pace.

t Lake Isabella in the Kern River valley “The lake get’s smaller but the fish get bigger:” Crappie are the order of the day shown by this recent catch in the trees at Lake Isabella. Warm quiet days make for enjoyable fishing trips this fall in the High Sierras. Just a short drive from Bakersfield in the Central Valley. All campgrounds around the lake and up the Kern River are open again after a recent fire threat.

Contact the Kern River Valley Chamber for all the latest information.

KernRiverValley.com

38 California Sportsman NOVEMBER 2021 | calsportsmanmag.com

calsportsmanmag.com | NOVEMBER 2021 California Sportsman

40 California Sportsman NOVEMBER 2021 | calsportsmanmag.com

HUNTING

FROM FIELD...

Author Scott Haugen has been waterfowl hunting the West for over 40 years and enjoys every coming season. He credits much of his success to paying attention to details and creating lifelike scenarios with decoy spreads and blinds. (SCOTT HAUGEN)

ON DUCKS AND DOGS WITH WATERFOWL SEASONS GETTING GOING IN EARNEST, FOLLOW THESE GUIDELINES FOR A GREAT DAY ON THE MARSH By Scott Haugen

ith waterfowl season upon us, there are many things to consider. If you’re new to waterfowling, welcome, but don’t feel overwhelmed that you need to master it all in order to find success. One of the best things you can do to learn about duck hunting is simply heading to a refuge or wetlands

and observing how the birds act and sound. Simulating these situations on the hunt is a good starting point. Here are other tips to consider. DECOYS OPTIONS I’m a fan of starting my season out with simple, small decoy spreads since I’m targeting local birds. As the season progresses I’ll add shovelers, teal and pintails to the spread for col-

or and contrast, along with species recognition benefits. While mallards and spoonies will decoy into anything, pintails, canvasbacks, goldeneyes and bufflehead flock to their own kind. If hunting these birds, consider setting some decoys in same-species groups. Something you’ll almost always find in my duck decoy spread is a pair of honker decoys. Goose decoys give

calsportsmanmag.com | NOVEMBER 2021 California Sportsman

HUNTING Tiffany Haugen likes a simple recipe to cook waterfowl such as goose for outstanding flavor and texture. (TIFFANY HAUGEN)

... TO FIRE

YOUR GOOSE IS COOKED (PERFECTLY) By Tiffany Haugen

hether you’re digging through the freezer or bringing fresh geese home from this season’s hunts, this simple recipe is tasty and easy to prepare. We’ve enjoyed

this recipe with a variety of cacklers, snow geese and black brant. It also works great on honkers. Before cooking, be sure your bird is cleaned of all bloodshot, feathers and shot. Remove excess blood vessels and any bruised tissues, as cooked blood results in a gamey flavor. Cooking methods are key with waterfowl, as overcooking often results in stronger flavored meat. Hot and fast with the breast meat, and low and slow with legs, wings and thigh meat is the way to go. Keeping it simple is key and you can’t go wrong with this quick preparation. One large goose breast or two small ones ½ teaspoon of your favorite seasoning salt or ¼ teaspoon each of salt and pepper 1 tablespoon butter ½ tablespoon olive or coconut oil 1 tablespoon soy sauce 1 tablespoon red wine or rice vinegar ¼ teaspoon red pepper flakes Fresh parsley, cilantro, basil or mint for garnish

42 California Sportsman NOVEMBER 2021 | calsportsmanmag.com

Clean goose breast and carefully remove blood vessels and surrounding sinuous tissues. Cut the breast into ¼- to ½-inch slices across the grain. Spread out on a plate in a single layer and season both sides of the meat. Let sit at room temperature for 10 to 15 minutes. In a large skillet, heat butter and oil on high heat. Fry goose steaks 30 seconds to a minute on each side, but do not overcook. Add soy sauce and red wine or rice vinegar and let the liquid reduce over one to two minutes. Serve immediately over rice, garnishing with fresh herbs of choice. Editor’s note: For 150-plus more great bird recipes and signed copies of Tiffany’s popular cookbook, Cooking Game Birds, visit scotthaugen.com.

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calsportsmanmag.com | NOVEMBER 2021 California Sportsman

HUNTING approaching ducks confidence that all is OK, as geese are wary birds.

COVER UP

I’ve hunted with a lot of great waterfowlers over the decades, and being obsessed with concealment is one thing they all have in common. When it comes to hunting the marshes in boats – whether it is a layout or a duck boat – proper cover is key. Boats can be hard to camo up, especially in the early season when things are green. Take care to break up your boat blind with natural vegetation, just like you would a ground blind. Brush in that black hole or dark strip that runs down the middle of the boat. Make grass mats or pile rushes or tall grass all around the boat to cover up shadows so birds won’t flare. For most of us, hunting from ground blinds is more the norm, and the most important thing is for them to match the surroundings and break up their outline. There aren’t many straight lines in nature – especially in a

duck marsh – so be certain to break up the sides and top of the blind. Cover collected from the area you’re hunting will blend in better than materials brought from somewhere else.

CALLS AND DOGS

Mario Friendy, the vice president of Final Approach (fabrand.com), is one of the best duck callers I’ve hunted with, but he emphasizes that knowing what sounds to make, and when, is as important as being a good caller. “Be sure you’ve practiced and are confident with a range of sounds, but also know the boundaries of the sounds you can deliver. Knowing what sounds to make (and when to make them) is key, and that only comes with experience,” he says. “As the season progresses, add to your calling repertoire,” Friendy advises. “You don’t need to be aggressive early in the season, but as educated birds move down the flyway, louder (and) more pleading sounds are effective. It’s better to call too little and let

Adding goose decoys to a duck spread and brushing in your blind – in this case, a boat – so that no black shadows stand out, are keys to success. (SCOTT HAUGEN) 44 California Sportsman NOVEMBER 2021 | calsportsmanmag.com

the decoys do the work, rather than overcalling and scaring birds before the decoys have a chance to do their job.” Friendy also notes the need to get your pup ready for a hunt in the marsh. “When it comes to preparing your dog for late-season waterfowl hunts, the most important thing is to keep them out of the water, and warm,” Friendy stresses. “It’s hard on a dog to be standing or sitting in cold water all morning, so make it a priority to give them a dry place to sit. I use a neoprene vest all the time, as it’s not only warm for the dogs but also offers much-needed chest protection from sharp brush and provides buoyancy, which is great when hunting in deep water.” He also emphasizes the importance of minimizing your dog’s movement. “Be sure your dog is covered, especially if it’s high energy,” he says. “Any movement is bad when waterfowl hunting. As long as the dog can mark birds in front of your decoy spread, that’s all that’s needed.” Speaking of dogs, Friendy urges

calsportsmanmag.com | NOVEMBER 2021 California Sportsman

HUNTING hunters to never put a dog in front of them when waterfowl hunting. “Dogs have incredibly sensitive hearing and should never, ever be shot over. People wonder why their aging dog can’t hear,” he says. “It often comes down to having shots fired over their heads – even as they chase

crippled birds – that causes it.” Placing a platform or dog blind to the side of your blind is ideal. In a boat, make sure the dog is beside or behind you and never in front of you. This season, pay attention to details and apply common sense. Don’t overthink things and be patient, for

it takes time to become a proficient waterfowl hunter. But the time and effort are more than worth it. CS Editor’s note: For signed copies of Scott and Tiffany Haugen's popular cookbook, Cooking Game Birds, visit scotthaugen.com. Follow Scott on Instagram and Facebook.

Some ducks only like landing with their own kind. If you're targeting pintails, cluster sprig decoys together in part of your spread. (SCOTT HAUGEN)

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48 California Sportsman NOVEMBER 2021 | calsportsmanmag.com

HUNTING

USE WATERFOWLING LULLS AS TEACHABLE MOMENTS By Scott Haugen

uck season is here, but it’s a slow day in the blind. It might be just the opportunity you need to get some dog work done. If you have a new pup, a dog that needs help in an actual hunting situation, or a driven dog that gets

bored sitting in one place for hours, then you have a golden opportunity to make that dog a better hunting companion.

EARLIER THIS FALL, a buddy had his 11-month-old black Lab on a duck hunt. It was incessantly whining and wouldn’t sit still. When birds

approached, the dog would take off running into the water, breaking even before we shot. “I don’t know what’s wrong with him,” said my buddy. “He’s from a very elite bloodline …” Genetics are only part of the puzzle when it comes to building a good hunting dog. If you don’t teach a dog

Duck season is here, and evaluating what needs to be done to help maximize your dog’s potential – fast – is important in breaking bad behaviors and eliminating unwanted habits. (SCOTT HAUGEN) calsportsmanmag.com | NOVEMBER 2021 California Sportsman

HUNTING

Should your dog need help in actual hunting situations, working on bumpers across the pond is a good way to turn a slow day in the duck blind into a teachable moment that will help correct bad behaviors. (SCOTT HAUGEN)

what to do, it’ll just keep doing the wrong things. As with raising a child or building a relationship with your spouse, communication is everything when it comes to training a dog. I told my buddy to grab his dog, make it sit, make it stay quiet and hold on tight while I shot at the next flock of birds that approached, then release the dog once a bird hit the water – if I could hit one. It worked. A flock came in perfectly, circled our spread two times, and I dropped a double. The dog did what it was supposed to do once my buddy focused on teaching the pup and not shooting birds himself. If hunting alone and your dog breaks, remedy it by using an eye bolt on the blind or a stake driven into the ground with a check cord attached, and issue commands as the situation requires. Don’t let the dog whine, bark, fidget or break because every time you allow that, you’re

reinforcing a poor behavior that will quickly turn into a bad habit. During a hunt last month, another buddy had his five-month-old retriever along. The dog was quiet, but always moving and constantly digging. “I just let him dig so he gets tired,” my buddy said. Three hours later the dog had numerous deep holes dug around us in the muddy slough we hunted. It was covered in mud and not once did my buddy try to stop it. Again, it was a dog with a lot of names and prizes in the bloodline, but that doesn’t mean a thing if you’re not going to teach it the difference between right and wrong, and I pointed this out to him.

THE HUNT ISN’T an ideal place to train a dog, but realistically, few hunters devote proper time to train their dogs in actual hunting situations before the season starts. If not properly trained before hunting season, dogs

50 California Sportsman NOVEMBER 2021 | calsportsmanmag.com

won’t know where to sit, how to sit still, be quiet, mark approaching birds or react to a shot. All this should be dialed in before hunting season, but if not, turn those slow days into training sessions. Take bumpers with you to train in and out of the water when birds aren’t flying. Work on multiple retrieves in the decoys, as well as blind retrieves on land. Work on hand signals and verbal commands. Teach your dog discipline and restraint, letting it know exactly what it’s supposed to do on a hunt. Blow your call, shoot your gun, emulate actions the dog will encounter all season long, and maximize those teachable moments by fixing what your dog needs remedied. If your dog is high energy, take it on a walk and look for other birds in the area to possibly hunt. Oftentimes snipe, quail, crows, even rabbits can be hunted in surrounding duck habitat. These are great breaks to

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HUNTING A great hunting dog is built by proper training well before the dog embarks upon actual hunts. Author Scott Haugen worked hard with his dog, Echo, who’ll quietly sit all day long, mark birds and retrieve on command. (SCOTT HAUGEN)

offer and create even more teachable moments. Then return to the duck blind and issue clear commands of what you expect your dog to do: be quiet, sit still, etc. DOGS NEED TO be trained in real hunting situations, and those slow days in the duck blind can be the ticket to building a great dog or allowing it to remain mediocre; the choice is yours. The goal is to keep future hunts from turning into training sessions, as hunts are a place dogs need to focus and obey every command all day long, but if they don’t know this prior to the hunt, at least you have a starting point and the potential to turn things in a positive direction. Take charge; that’s what dog owners are supposed to do. CS Editor’s note: To watch Scott Haugen’s series of puppy training videos, visit scotthaugen.com. Follow Scott on Instagram and Facebook.

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DOERS V. SUERS: THE BATTLE BETWEEN TRUE CONSERVATION, ENDLESS LITIGATION

As part of an ambitious project, the Rocky Mountain Elk Foundation purchased more than 8,000 acres of critical wildlife habitat around the Eel River in Northern California with the intent to preserve tule elk and other wildlife that live there. (ROCKY MOUNTAIN ELK FOUNDATION) 54 California Sportsman NOVEMBER 2021 | calsportsmanmag.com

HUNTING Congress created the Equal Access to Justice Act to give everyday Americans a fair shot. But it’s been hijacked into a lawsuit factory where environmental groups fuel their agendas with taxpayer money. Editor’s note: This article originally appeared in the September/October 2021 of the Rocky Mountain Elk Foundation’s Bugle Magazine and is reprinted with permission. By the Rocky Mountain Elk Foundation

hen the federal government listed grizzly bears as threatened in the Lower 48 under the newly minted Endangered Species Act in 1975, an estimated 136 grizzlies remained in the nearly 6-million-acre Greater Yellowstone Ecosystem. Since female grizzlies don’t reproduce until they’re at least four years old and only have litters of two to three cubs every three years or so, extinction loomed as a real possibility. Over time, though, those protections worked. By 2007, U.S. Fish and Wildlife Service scientists estimated the GYE population had quadrupled to more than 500 bears and expanded its range by more than 50 percent. This exceeded all of the federal recovery criteria and the USFWS removed the Yellowstone grizzly population from threatened status. In short, the ESA functioned exactly as it was designed. Of course, the story didn’t end there. Environmentalists immediately sued, citing uncertainty regarding food sources. A judge agreed and returned them to fully protected status. Subsequent research showed that calsportsmanmag.com | NOVEMBER 2021 California Sportsman

HUNTING

Despite the clear success of grizzly bear recovery in the Rocky Mountains’ Greater Yellowstone Ecosystem by 2007, court battles continue to this day, with the Center for Biological Diversity also suing the feds to reintroduce the species into California. This sow with three cubs is part of the healthy, naturally growing population in northeast Washington and surrounding regions. (USFWS)

the bears adapted well, overcame the perceived food challenges and continued to grow in numbers and range. In 2017, citing an estimated population of 750 bears and further expansion of occupied range – again exceeding all delisting criteria – the Department of Interior removed grizzlies’ threatened species status once more, returning management of the great bears to the three state wildlife agencies in the Greater Yellowstone Ecosystem. Once again, a slew of environmental groups took their arguments to court. In 2018, a federal judge cited technicalities and ordered the population be relisted again. The federal government and states of Idaho, Montana and Wyoming intervened on behalf of delisting, and the Rocky Mountain Elk Foundation and the Sportsmen’s Alliance Foundation filed a brief in support of delisting to the Ninth Circuit of Appeals. However, the court upheld the relisting decision in July 2020. In April 2021, biologists from both the USFWS and Interagency Grizzly Bear Committee revised the estimated grizzly population in the GYE to upwards of 1,000 bears. That’s almost

a tenfold increase from where the population stood when they were listed as threatened 46 years ago. The delist-relist ping-pong is frustrating enough. But here’s one more especially galling detail: You’re paying for it. Citing the Equal Access to Justice Act in that most recent round of litigation, environmental groups filed requests to be reimbursed for “reasonable” attorney fees up to $460 an hour. A few of those groups include the Alliance for Wild Rockies, Center for Biological Diversity, Humane Society of the United States, Sierra Club and WildEarth Guardians. The total combined ask amounted to more than $1.4 million in taxpayer money. “The really unfortunate thing is when these groups win, the Department of Justice negotiates the fees, but it’s the individual agency that must pay. So, in this case, it would impact the budgets of the U.S. Fish and Wildlife Service, but in other cases it could be the Forest Service, Bureau of Land Management or another federal agency,” said Blake Henning, RMEF chief conservation officer. “All of those agencies are already underfunded, and this just

56 California Sportsman NOVEMBER 2021 | calsportsmanmag.com

hurts them more, which means they don’t have staff to adequately review issues, which leads to more and more lawsuits. It’s become what amounts to a ridiculous, non-stop merry-goround ride.”

LOOTING AGENCY FUNDING Imagine discovering someone is picking your pocket without you even knowing about it. That scenario has played out time and time again in federal courts across the United States. It’s a ploy successfully utilized by environmental groups that take advantage of the Equal Access to Justice Act. A measure created four decades ago to serve and benefit everyday Americans has been transformed into something far different. To gain a better understanding of the EAJA, we must examine its roots. In the 1950s, Americans demanded governmental action for better stewardship of our nation’s air, land and water. One of the first key pieces of legislation to result was the Air Pollution Control Act (1955), followed by the Clean Air Act (1963). The Water Quality Act came two years later, holding states responsible to meet standards for water in their

HUNTING rivers, lakes and streams, including those waterways that flowed beyond their borders. The Motor Vehicle Air Pollution Control Act (1965) amended the Clean Air Act and set standards for vehicle emissions. In 1966, the Endangered Species Preservation Act created regulations to protect fish and wildlife species in danger of extinction. The 1970s saw the creation of the National Environmental Policy Act (1970), a requirement that federal agencies prepare an environmental impact statement for any action or legislation that could adversely affect land, water or wildlife. Later that same year, an executive order from President Richard Nixon created the Environmental Protection Agency, an independent executive federal agency with a mission to protect human health and the environment. Building on previous legislation, the Clean Water Act (1972) sought to further reduce and eliminate pollution in our nation’s waters, while the Endangered Species Act (1973) focused on protecting crucial ecosystems for imperiled wildlife, fish and plant species. Those actions helped set the table for Congress to enact the Equal Access to Justice Act in 1980. It authorized the payment of “reasonable expenses of expert witnesses, the reasonable cost of any study, analysis, engineering report, test or project which is found by the agency to be necessary for the preparation of the party’s case, and reasonable attorney or agent fees” to a party that wins a civil lawsuit against a federal agency by successfully demonstrating a threat of injury or irreparable harm. “EAJA was passed primarily in response to demands from the small business community, which was laboring under the increased environmental, consumer and health and safety regulations of the 1960s and 1970s,” said Lowell E. Baier, an attorney in Washington, D.C., and the author of the 2015 book Inside the Equal Access to Justice Act: Environmental

RMEF’s goal in allowing California Sportsman to reprint its Bugle article on EAJA abuse is to “get this piece in front of as many eyes as possible,” according to a spokesman, who added that members, former state and federal administrators and other see it as “a matter of education and understanding.” (RMEF)

Litigation and the Crippling Battle Over America’s Lands, Endangered Species and Critical Habitats. “The concern was that when an agency such as OSHA or the EPA improperly fined a small business, the small business might win in court but be bankrupted by having to pay its lawyers.” Baier points out that EAJA also applies to veterans seeking benefits from the Department of Veterans Affairs, as well as the Social Security Administration. In fact, the vast majority of people garnering funds from the EAJA have been veteran or senior citizen beneficiaries suing the SSA or VA. Their awards average just a few thousand dollars each. But those payouts make a real difference for people who have no other remedy to receive the benefits they deserve. As a result, EAJA remains a critically important law for the everyday American. According to Baier, the intent behind the law has not changed much over the 41 years since its passage, but the nature of its use certainly has. The EAJA included a cap on the net worth of any person or company that may benefit from it to make sure it serves real needs. However, in the final stages of establishing the EAJA, a last-minute amendment opened the door for nonprofit organizations to use it regardless of their net worth.

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This distinction grew murkier after 1995, when Congress eliminated a provision requiring annual reports of expenditures under EAJA. This opened the door for environmental groups to receive EAJA awards without the public ever realizing it. “That set up a situation where environmental groups worth hundreds of millions of dollars could have their legal fees covered in cases where they used procedural laws like the National Environmental Policy Act to delay government projects they opposed for philosophical or political reasons. And in most cases, the money would be paid to the environmental group in a lump sum as part of a settlement agreement, with little if any oversight by the court, and then just disappear,” said Baier. “In theory, the law has a cap on fees, but that can be waived for lawyers with special expertise, such as in environmental law, when they’re paid market rates. We’ve documented numerous cases where payments were in the hundreds of thousands of dollars, and even over a million dollars in some cases.” Beginning in 2012, a bipartisan Congressional effort required the Department of Interior to disclose EAJA payments, and the John D. Dingell, Jr. Conservation, Management, and Recreation Act

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HUNTING of 2019 permanently restored EAJA reporting throughout the entire federal government. Baier says this greatly reduced litigation from many organizations because they did not believe the negative publicity was worth the money. He also quoted Justice Louis Brandies who said, “Sunlight is the best of disinfectants.” Still, such litigation does persist – with some groups continuing to thrive on it.

SUE, BRAG, PROFIT Not only do litigant groups generate money from attorney fees but they then use that financial windfall to bankroll large marketing campaigns to solicit more donations based on court cases. “Environmental groups use the ESA, and challenges to decisions under the ESA, as incredibly effective fundraising tools,” said Pat Crank, former Wyoming attorney general and vice president of the Wyoming Game and Fish Commission, while testifying before the U.S. Senate Committee on Environment and Public Works in 2020. “They challenge any delisting of the GYE grizzly for reasons that ignore the amazing success story of the GYE bear recovery. Every challenge leads to millions of dollars pouring into

their coffers.” It’s a cycle that has repeated itself year after year. In 2012, a report compiled by the U.S. House Natural Resources Committee used data from the Department of Justice to show that the federal government defended more than 570 ESA-related lawsuits over a four-year period (2009-12) which cost American taxpayers more than $15 million in attorney fees. This occurred during a window when all of the environmental groups mentioned above were especially active, including several that filed multiple lawsuits seeking to stop the state management of wolves in the Northern Rockies. “According to the Department of Justice, some attorneys were reimbursed up to $500 an hour and two lawyers each received more than $2 million in attorney fees from ESA cases,” the report stated. “This data provides further evidence that the ESA has become litigation driven, where money and resources are spent addressing endless, frivolous lawsuits instead of species recovery.”

Even with the change of presidential administrations, the Center for Biological Diversity was filing lawsuits at a pace of one every 1.8 days earlier this year. This fall, the Arizona-based outfit asked the Department of Interior to withhold Pittmann-Robertson Act excise tax disbursements from certain state wildlife agencies, a shot at wolf management in Idaho and Montana, where conservative lawmakers have stepped into the fray OKing wolf killing tactics that even made some hunters uncomfortable. (ODFW, CC BY-SA 2.0) 60 California Sportsman NOVEMBER 2021 | calsportsmanmag.com

CONSERVATION DOESN’T HAPPEN IN COURTROOMS Late in the 20th century and continuing into the 2000s, many Americans frowned upon environmental organizations due to their litigationheavy reputation. So, many of those same environmental groups consciously shied away from the terms environmentalism or environmentalist and replaced them with conservation and conservationist. Among the more notable offenders are the Alliance for the Wild Rockies (no attorney list on its website), Center for Biological Diversity (46 attorneys), Defenders of Wildlife (eight to 10 attorneys), Earthjustice (143 attorneys), Humane Society of the United States (“dozens” of attorneys), Sierra Club (legal staff of 104) and WildEarth Guardians (legal staff of 15). It comes as no surprise that these seven groups filed almost half of the more than 570 lawsuits in the 2012 report. The Center for Biological Diversity based in Tucson, Arizona, topped the 2012 report’s list of “most litigious organizations” with 117 ESA-related lawsuits. CBD now proudly boasts a “Trump Tracker,” a listing of all 266 environmental lawsuits it filed against the U.S. government during the 1,461-day Trump administration. That equates to one new legal action filed every 5.5 days! In one suit filed on June 27, 2019, CBD called on the federal government to forcibly introduce grizzlies into Texas, California, Arizona, New Mexico, Nevada, Utah, Colorado, Wyoming, Montana, Idaho, Oregon and Washington. Proposed release locations include the Grand Canyon, California’s Sierra Nevada and Montana’s Northern Continental Divide Ecosystem where there are already more than 1,000 grizzlies. On December 16, 2020, CBD filed lawsuit No. 255 to force grizzlies into the Cascade Mountains of Washington, even after the Department of Interior previously hosted numerous public meetings and received overwhelming

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HUNTING local feedback against such action. The transition to the Biden administration has not slowed this machine. In fact, it has accelerated. As of April 7, 2021, CBD publicly proclaimed it filed 43 lawsuits against the federal government – an average of one new legal action every 1.8 days! To get an overarching picture of what is happening, the Administrative Conference of the United States, an independent federal agency that develops recommendations to improve administrative process and procedure, found 15 federal agencies paid more than $58 million in awards of attorney’s fees and other expenses under EAJA during Fiscal Year 2019. Again, that $58 million comes out of the pockets of America’s taxpayers.

A CLEAR CASE OF STONEWALLING Dating back to 2010, the U.S. Forest Service started conducting studies to formulate a plan for a future habitat enhancement project on the HelenaLewis and Clark National Forest in west-central Montana. Called the Stonewall Vegetation Project, the goal was to treat unnaturally dense stands, reduce fire hazard, create forest resiliency and enhance wildlife habitat while improving overall forest health. Locals formed a collaborative group several years later that included government representatives, conservationists, lumber companies and other interested participants. Relying on science, the collaborative agreed to a series of treatments to address thousands of acres of beetlekilled lodgepole stands to help reach project goals. RMEF was and remains extensively involved in the immediate area, having completed more than two dozen habitat enhancement projects over the last 15 years ranging from forest thinning to prescribed burns and other treatments that enhance wildlife habitat. Two anti-management environmental groups, the Alliance for the Wild Rockies and Native Ecosystems Council, did not participate in the

A tree trunk burns during last summer’s Caldor Fire. Wildfire managers believe fuels reduction and forest thinning projects “played a large part” in checking the blaze as it moved toward Lake Tahoe, according to an October Sacramento Bee story. The newspaper reported preventative work like that is often challenged in court by environmentalists who want forests left as is, a position drawing firm pushback. A UC Merced wildfire science professor called lawsuits like that “self-serving garbage,” the Bee reported. (JOE BRADSHAW/BUREAU OF LAND MANAGEMENT)

collaborative effort but instead waited for it to end and then cited the ESA to file a lawsuit against the Forest Service claiming forest management activity would endanger Canada lynx and grizzly bear populations. RMEF sought to join its collaborative partners by writing a brief in support of the project. However, a federal judge agreed with environmental groups and issued a preliminary injunction on May 30, 2017. Halting the project before it began, the judge stated, “The Court acknowledges that Defendants have presented evidence that the Project area is susceptible to severe and intense wildfires due to elevated fuel levels caused by ‘heavy accumulations of dead and down timber.’ However, though there is the possibility of serious fire activity within the boundaries of the Project, there is no indication that this area is at risk of imminent fire activity.” Mother Nature had other ideas. In July of 2017, lightning sparked what became known as the Park Creek Fire.

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Fueled by dead timber, the 18,000acre wildfire scorched the project area, closing national forest lands and triggering evacuation orders. The Forest Service decided to go back to the drawing board to reassess the impacts of the wildfire on the project, effectively halting the suit. Three years later, a Forest Service budget report showed the litigating environmental groups in the Stonewall case exploited the Equal Access to Justice Act to receive $100,500 in attorney fees. Specifically, the three lawyers involved in that case requested fees at rates of $290, $355 and $390 per hour. That same report also showed environmental groups, as a whole, received more than $9 million in attorney fees and settlement awards between 2011 and 2018, often at the expense of forests, wildlife, communities and American taxpayers. The Forest Service revised the Stonewall project in 2019 and issued both a supplemental environmental impact statement and record of decision, but the same two environmental

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HUNTING

While litigious groups spend their time in court, RMEF and others are hands-on in the forests and fields, working to improve landscapes for the good of all species. Last December, the organization and partners provided $6.64 million for California elk and wildlife projects, including funding for “the first ungulate-specific crossing structure” in the state. That will be built in Colusa County, but these elk, crossing Highway 101 outside Crescent City in September, will benefit from habitat use and conservation research grants. (ANDY WALGAMOTT)

groups filed yet another lawsuit, this time in December 2020. Is that conservation? Or is it equal access to injustice? And where do we go from here? The original intent of the EAJA was unquestionably sound, as were the reforms delivered under the Conservation, Management, and Recreation Act of 2019. The great majority of the people who benefit from EAJA do indeed receive justice and are fully deserving. What needs to change is the cynical niche industry fueled by litigation that reaps windfalls from taxpayers picking up their attorney’s fees, then makes even more through fundraising campaigns bragging about that success. In the end, there are suers and doers. RMEF is proud to stand squarely in the second camp.

STOLEN IDENTITIES What is particularly vexing, and especially perplexing for the general

public, is the hijacking of the word conservation by environmental groups. CBD, for one, refers to itself as “a national, nonprofit conservation organization.” Others do the same, although hats off to the Sierra Club for identifying itself as what it really is – a “grassroots environmental organization.” Some media outlets further the confusion by referring to environmental groups as conservation groups. Merriam-Webster defines conservation as “planned management of a natural resource to prevent exploitation, destruction or neglect.” Cited examples include water conservation and wildlife conservation. In other words, conservation is the hands-on stewardship of natural resources such as habitat enhancement and permanent protection of vital migration corridors and winter ranges. Environmentalism on the other hand, again according to the Merriam-

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Webster Dictionary, is “advocacy of the preservation of the natural environment.” Preservation often refers to a hands-off approach or preventing any type of management activity. There are swaths of designated wilderness and other backcountry areas that remain relatively untouched for very good reason. However, there are millions of acres of public forests that are overly dense with heavy fuel loads and downed deadfall due to decades of fire suppression. These overgrown forests throttle the growth of grasses and forbs vital for elk and other wildlife, and are susceptible to disease, beetle kill and an elevated risk of catastrophic wildfire that can decimate an ecosystem.

WHAT TRUE CONSERVATION LOOKS LIKE The Rocky Mountain Elk Foundation’s mission is to ensure

HUNTING the future of elk, other wildlife, their habitat and our hunting heritage. RMEF does so by working collaboratively with federal and state agencies as well as other partners to provide both funding and volunteer manpower to carry out prescribed burning, forest thinning, noxious weed treatments, repairing or constructing wildlife water developments, fertilizations, planting seedlings and other actions to maintain or improve habitat for elk and other wildlife. RMEF also provides grant funding for wildlife management, scientific research and predator management. Additionally, RMEF seeks to permanently protect and open access to elk winter and summer range, migration corridors and calving grounds via land acquisitions, access agreements and easements, conservation easements, land donations and other means.

RMEF also works to reestablish elk in historic ranges where habitat and cultural tolerance create a high potential for self-sustaining wild, free-ranging herds. Just one small but impactful example of planned management or conservation: RMEF recently provided additional funding for an ongoing series of projects to create and enhance forage openings and water sources for elk and other wildlife in Virginia’s Elk Restoration Zone. This important habitat enhancement work benefits Virginia’s growing elk herd, which was restored to its historic range by the Virginia Department of Wildlife Resources and RMEF in 2012. Because of projects designed to improve elk habitat like this one, DWR recently introduced a special elk hunting license that may lead to Virginia’s first managed elk hunt in more than a century, one that will generate vital funding to benefit elk

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herds and habitat for a rich variety of other wildlife. Any objective look at the Rocky Mountain Elk Foundation’s lifetime conservation accomplishments shows the immense impact the organization has had on elk, other wildlife and habitat. As of January 1, 2021, RMEF conserved or enhanced more than 6.8 million acres of wildlife habitat and permanently protected 1.3 million acres of land. That amounts to more than 8.1 million acres of combined conservation work. On top of that, RMEF played a pivotal role in restoring wild, freeranging elk to Kentucky, Missouri, North Carolina, Tennessee, Virginia, West Virginia, Wisconsin and Ontario. And RMEF has invested millions of dollars to help fund wildlife research key to delivering the most effective management. All that adds up to a lot of work and a lot of conservation. CS

California Sportsman Mag - Nov 2021

Articles inside

RMEF on the battle between true conservation, environmentalists’ endless litigation

The Editor’s Note

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