July-August TRACKS Issue by Texas Deer Association

How deer feel when they eat AntlerMax® with Climate Guard™ supplement.

AntlerMax with Purina’s exclusive Climate Guard™ supplement encourages deer to feed as the temperatures rise. Which helps bucks maximize their potential for antler growth. Animals speak louder than words. ®

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ELECTED EXECUTIVE COMMITTEE

BOB PRICE President Moss Creek Ranch Big Spring, TX (Region 2) Cell (432) 517-0269 Work (432) 393-5889

MARK HUBBARD Vice President Mark Hubbard Ranch Properties Boerne, TX (Region 1) Cell (361) 816-8400

MIKE WOOD Treasurer Madera Bonita Game Ranch Combine, TX (Region 5) Cell (214) 356-7913

bob@mosscreekranch.net TERM 2015-2017

hubbardranches@gmail.com

mwood@oldhamlumber.com

TERM 2015-2017

BOARD OF DIRECTORS Terms for elected positions officially start following the Statewide Membership Meeting held at the TDA Annual Convention in August. Term Length: Executive Committee - 2 years Directors - 3 years Officers - 1 year

REGION 4 Jordan Smrekar Double Dime Whitetails Llano (214) 417-6217 Term: 8/2016-8/2019 Lin Poor Texas Wildlife Management Austin (512) 423-2716 Term: 8/2014-8/2017 Fred Gonzalez Gonzalez Whitetails Uvalde Cell (830) 279-8770 Term: 8/2015-8/2018 DIRECTOR AT LARGE Gilbert Adams, III JAG Ranch Beaumont, TX (409) 781-6146 Term: 8/2015-8/2018

REGION 5 Jeff Jones Brown Trophy Whitetail Ranch Ennis (214) 534-7056 Term: 8/2014-8/2017 Mike Wood Madera Bonita Game Ranch Combine Cell (214) 356-7913 Term: 8/2013-8/2019 Carroll Glaser Emmaâ&#x20AC;&#x2122;s Crossing Rockdale (512) 284-0807 Term: 8/2015-8/2018

REGION 1 Hugo Berlanga Mustang Ranch Corpus Christi (361) 813-9212 Term: 8/2016-8/2019 Sheldon Grothaus Texas Whitetail Breeders Hondo (210) 854-5833 Term: 8/2015-8/2018

REGION 2 Bob Price Moss Creek Ranch Big Spring (432) 517-0269 Term: 8/2016-8/2019

Ben Mooring 4M Whitetails Fort Worth (817) 822-8085 Term: 8/2015-8/2018

REGION 3 Dick Cain Trophy Ridge Ranch Saint Jo (903) 821-6258 Term: 8/2016-8/2019

Mark Hubbard Mark Hubbard Ranch Properties Boerne (361) 816-8400 Term: 8/2015-8/2017

Joe Francks Three Nails Ranch Cisco (254) 631-9400 Term: 8/2015-8/2017

REGION 6 Chris McDaniel B&C Wildlife Consulting Caldwell Cell (210) 287-3226 Term: 8/2015-8/2018

REGION 7 Troy Smith Triple S Whitetail Highlands (713) 725-2723 Term: 8/2015-8/2018

REGION 8 Craig Wilson Wilson Whitetail Ranch Fair Oaks Ranch (210) 602-4531 Term: 8/2014-8/2017

Chris Stewart 3S Texas Outdoor/3S Whitetails Bedias (832) 493-0147 Term: 8/2016-8/2019

Zac Kennedy JZ Whitetails Gonzales (361) 293-8867 Term: 8/2014-8/2017

Ben Schmidtke Silverhorn Ranch LLC Freer (830) 267-1448 Term: 8/2016-8/2019

Rodney Heller Heller Deer Farm Yoakum (361) 293-4635 Term: 8/2016-8/2019

Klint Graf G5 Ranch San Antonio (210) 213-5306 Term: 8/2015-8/2018

Summer Wingo High Roller Whitetails Center (936) 427-2773 Term: 8/2014-8/2017

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REGIONAL OFFICERS REGION 1 Sheldon Grothaus President Hondo (210) 854-5833 Hugo Berlanga Vice President Corpus Christi (361) 813-9212 REGION 3 Michael Deveny President Cross Plains (936) 554-4941 Steve Frisina Vice President Fort Worth (432) 556-2970

Jimmy Neckar Secretary/Treasurer West (254)-744-8861

REGION 5 John True President Dallas (214) 890-0900

Verona Wilson Secretary/Treasurer Center (254) 206-0293

REGION 8 Lynn Collard President George West (575) 519-8458

REGION 4 Jason Maroney President Kerrville (512) 748-2810

Jason Millegan Vice President Georgetown (512) 635-4327

REGION 7 Zac Kennedy President Gonzales (361) 293-8867

Leo Martinez Vice President Freer (361) 207-0980

Chuck Herndon Vice President Utopia (830) 966-2301

Amanda Ivie Secretary/Treasurer Maypearl (214) 794-5755

Ryan Mills Vice President Gonzales (830) 857-3443

Carrie Collard Secretary/Treasurer George West (575) 590-0539

Grant Garner Secretary/Treasurer Mountain Home (936) 355-6171

REGION 6 Keith Payne Vice President Bellville (214) 802-7386

Latimer Sands Secretary/Treasurer Houston (832) 741-3757

TDA ADVISORY BOARD Bill Grace Salado (254) 718-5084

Scott Bugai, DVM Seguin (830) 556-9157

Tom Malouf Wills Point (469) 222-2778

Jerry Johnston San Antonio (210) 288-1558

David Hayward Columbus (936) 870-6835

Marty Berry Corpus Christi (361) 767-7200

TDA FOUNDING FATHERS

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TDA MISSION STATEMENT TDA is the unified voice of deer enthusiasts who seek to share ideas and methods to improve management and harvest of deer. TDA is a Texas deer organization that cares for the welfare and health of deer herds and methods to improve deer quality and hunting quality in Texas. We, as the TDA, are working toward better conservation, appropriate regulations and improving the overall quality of deer herds in Texas.

TDA PURPOSE AND GOALS - To promote wise management of deer, recognizing that hunting and management are lifelong enterprises; - To be a repository and clearinghouse of accurate and high quality information and knowledge; - To promote deer herd health and quality through research, technology, and flexible management practices;

- To improve the image and awareness of deer management and harvest through public education; - To promote research and technology regarding improvements to deer herds through the practice of controlled breeding and genetic improvements; - To share research findings, management techniques and harvest strategies with the membership of TDA; and

- The deer-breeding industry is relatively new to Texas, but data from a 2017 Texas A&M University Economic Impact Study indicates it has a $786.9 million annual economic impact in Texas, equivalent to the stateâ&#x20AC;&#x2122;s rice and citrus industries.The industryâ&#x20AC;&#x2122;s economic contributions, especially to rural areas, tourism, real estate, wildlife, game and land management, are beginning to be noticed, not only in Texas, but in states across the nation.

- To increase quality hunting opportunities for Texas hunters.

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REGIONAL REPORTS

Region 4: Region 4 raised $13,000 selling tickets for a loaded Camo Crew CanAm/BBQ trailer combo at the Hoffpauir Expo in April. The Region 4 meeting will be held in conjunction with the LoneHollow Deer Summit/TDA Birthday Bash on July 29th. Watch for details for Live/Silent Auction lot requests for the upcoming convention, along with sponsorship opportunities and door prize requests. --Submitted by Jason Maroney

Region 8: 2017 Elections were held in May of 2017. Lynn Collard was elected to the Board of Directors and as the Region 8 president. Leo Martinez was elected as the vice-president of Region 8 and Carrie Collard was elected as the regionâ&#x20AC;&#x2122;s secretary/treasurer. Recently, our region hosted the 2017 Brush to Bay annual fishing tournament along with Region 5 (see article, page 18.) A big thank you to all our sponsors for their support of TDA and our regions! Mark your calendars todayâ&#x20AC;Ś the 2018 Brush to Bay Tournament is set for May 11-12, 2018! Prizes will include $10,000.00 cash and a boat! Finally, we would like to thank a special Region 8 volunteer: Madison Martinez with Straightline Whitetails. She helps me with a lot of tasks for our region and is actively trying to get other kids involved with Region 8 and TDA. She is planning to start a teen TDA Facebook page and manage it. She will be a great person to head this up! She is a great young lady and very helpful. --Submitted by Lynn Collard

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CONTENT DEPARTMENTS

POINTS OF INTERESTS

Regional Officer Reports

#FawnWatch Pics

President’s Message

Calendar of Events

Executive Director’s Message

107

Tracks Classifieds

108

Advertiser’s Index

TDA HIGHLIGHTS 18 TDA Kicks Off Summer with Annual Brush to Bay Event

Cover photo by Butch Ramirez

“Buck in Velvet” This is my favorite buck in velvet photo I’ve ever taken. It was taken in Zapata County at La Coma Ranch.

PAGE 18

22 Inaugural Hoffpauir Expo Outdoor Show Successful 28 19th Annual TDA Convention Preview

WILDLIFE MANAGEMENT

PAGE 46

36 Selective Brush Control for Deer Habitat Maintenance 42 Fencing Law Part III 46 Feral Hogs in Texas 50 “Win a Deer Farm” Contest Winner Announced

HUNTING & SHOOTING 58 The Hunter’s Arsenal

PAGE 58

62 Now Comes Summer 66 Practical Optics Part IV 70 Important Differences between Whitetails & Mule Deer 73 Archery Webinar Hosted by TDA & Hoffpauir

INDUSTRY

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76 Industry Shorts 79 Nutrient Requirements of White-Tailed Deer 82 The Deer Case 82 Deer and Elk Associations Unite to Petition USDA

FROM THE CAPITOL

PAGE 86

86 Mr. Bailes Goes to Austin

TRACKS JULY/AUGUST 2017

TDA STAFF

PATRICK TARLTON Executive Director patrick@texasdeerassociation.com

JUDY JACKSON Membership Director judy@texasdeerassociation.com

CECI WALLACE Director of Finance ceci@texasdeerassociation.com

RILEE WONG Advertising & Auction Assistant rilee@texasdeerassociation.com

PAULINE PRESTON Director of Events pauline@texasdeerassociation.com

KELSEY SHINAUT Graphic Designer kelsey@texasdeerassociation.com

DAVID ESCAMILLA Graphic Designer david@texasdeerassociation.com

EDITORIAL INFORMATION Editorial comments may be sent to: Amy Clark, Editor amyclark.texas@gmail.com Advertising requests may be sent to: publications@texasdeerassociation.com Direct all other correspondence and address changes to: TDA 816 Congress Avenue, Ste. 950 Austin, TX 78701 It is the sole responsibility of the advertiser to ensure ad artwork is current and submitted by each issueâ&#x20AC;&#x2122;s deadline and that their advertising contracts are up to date.

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EDITORIAL STATEMENT Tracks is the official publication of the Texas Deer Association (TDA) and is published six times a year. Subscription is included in membership dues. Articles in Tracks are independent opinions and do not necessarily represent the views of TDA. TDA assumes no responsibility for statements or advertising made or expressed in this publication. TDA reserves the right to refuse any advertisement. Materials should be mailed to TDA as listed. 816 Congress Avenue, Ste. 950 Austin, TX 78701 www.texasdeerassociation.com

TRACKS ADVERTISING SUBMISSION DEADLINES JANUARY/FEBRUARY November 15 MARCH/APRIL January 15 MAY/JUNE March 15 JULY/AUGUST May 29 SEPTEMBER/OCTOBER July 31 NOVEMBER/DECEMBER September 25

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TRACKS JULY/AUGUST 2017

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TRACKS JULY/AUGUST 2017

PRESIDENT’S MESSAGE

RULE OF THIRDS

t is hard to believe it has been 2 years since I was honored to be chosen as President of your great Texas Deer Association. The prior 24 months have indeed been an incredible learning experience for me. The issues faced during my term have been unique to say the least, but no less challenging than those faced by prior leadership. I firmly believe a battery of issues and challenges will continue to require address by this association into the future. The reason I believe this is because the Texas Deer Association is the one trade association that recognizes and accepts the responsibility for representing its members in their quest to both enjoy and profit from the business in which they have invested time and money. The Texas Deer Association is capable enough to understand the issues, is informed enough to formulate a plan forward, and bold enough to implement action in advancement of the rights and desires of its members. Having the fortitude to do the hard tasks utilizing a well-vetted strategy is what defines this organization and what separates it from the rest of the herd. That said, know that TDA always leaves open—and in fact, encourages—fair meaningful, and progressive dialog with ANY party that will protect and advance the respectful treatment of its members. I am thrilled to report that the advances within the State Representative and State Senator community during this year’s legislative session has been nothing short of spectacular. I have witnessed first-hand the increase in respect for our issues and our approach to them under the guidance of our Executive Director Patrick Tarlton and his capable lobby team, as well as Legislative Committee Chairman Marty Berry. Having had the privilege to work closely with these professionals throughout the 2017 legislative session, I have garnered the utmost respect for their approach and the positive results they have put in place to develop relationships that will benefit TDA long into the future. To all those involved with our legislative effort I offer my greatest appreciation and respect. I want to thank all the members, Regional Officers, Board of Directors, the Executive Director and staff for all the support, diligence and sacrifice put forth in supporting me as President. I would like to particularly thank past Presidents Gilbert Adams and Chase Clark for all the wisdom, advice and guidance they gave me every time I was unsure of the proper path. I want to thank the Executive Committee for the tireless hours of phone calls and drive time they put in to support TDA. Mike Wood, you did an incredible job over-seeing our finances! A big “thank you” to all our Board Members, as well as the Regional Officers, who generously donate their time and consideration. I would like to thank all the Advisory Directors for giving me the benefit of their history with the association. Their broad and over-arching experience was important and helped me greatly. I know all will continue their valuable support for the management and operation of our great association. Lastly, I would like to thank the opposing organizations, individuals of differing philosophies and agendas, and even the dissenters within our organization. You add balance and create a reason to check and double-check the plans being considered so that TDA is strengthened and the best interest of all is served. As for the future, you can be very proud of your incoming slate of State Officers. Mark Hubbard will be an awesome President. He is uniquely qualified for the position both in experience and personality. I cannot express enough appreciation for the tireless effort and support from Mark. He has been an integral part of the organization every day for the last two years. Close involvement

has educated Mark on every aspect of this vast and dynamic organization. He has worked hard to avail himself of all aspects of our business, our agenda, and our legislative process, and has been involved in meetings and earned the respect of our oversight agencies as well as other organizations. Mark is queued up and ready to get to work. Every member will be very proud of President Hubbard. Jeff Jones, serving as your new Vice President, brings a grassroots connection and a fundraising capability that will greatly benefit TDA. Chris Stewart is your newly-elected treasurer. Watching the purse strings is an important function and I know Chris has the capability to look out over the bow and give feedback beneficial to our function. Fred Gonzales has done a fabulous job as Auction Committee Chairman and is your newly-elected secretary. If anyone “knows” the deer business—it’s Fred. Having him notate and make record of TDA business is an integral part of tracking policy and performance. There remains much to be accomplished, and you could not have elected a better team at the state level. Of course, I could not envision the next two years without touting the capability of, and expressing my deep appreciation for, the TDA staff in general and Executive Director Patrick Tarlton individually. Patrick didn’t walk onto this stage—he sprinted onto it and has been running every day since. There was rarely a day when we did not talk at least three times. I am talking seven days a week, and nights gave no reprieve. Patrick, you taught me a LOT and your energy and drive inspired me. Your wisdom and insight well exceeds your years. You have my utmost respect and appreciation. I can’t imagine having been President without you. Thank you. I would like to leave you to ponder what I believe has been the greatest challenge for me during my tenure as President… the “Rule of Thirds”. I expected to find 50% of people for an issue and 50% against an issue. From this, I assumed debate would yield a cross-over of at least 1%, so that the leaders of the association could follow the will of the majority. What I found was that 1/3 of people were for, 1/3 were against, and 1/3 were apathetic and took no action or engagement at all. I ask all of you to get off the fence and participate. Inform yourself. Dig for information. Ask questions. Nothing was more disappointing than to have a member say, “I never read my emails” or “I am too busy to go to those meetings” or “I am sure they will have people show up at the Capitol.” PLEASE don’t leave your new Officers and Executive Director to wonder how they should best represent you. Engage!!! Be the wind in the sails of the Texas Deer Association. It is the one professional trade association with a goal, a plan, a timetable and capability. Your State Officers, Regional Officers, Board of Directors, Executive Director and the staff need your input. Thank you again to all for an incredible experience. I look forward to the next President’s Letter in TRACKS magazine from President Mark Hubbard! Best Regards,

Bob Price

TRACKS JULY/AUGUST 2017

EXECUTIVE DIRECTOR’S MESSAGE

OPEN LETTER TO THE INDUSTRY

ince 1933, deer ranchers in Texas have operated under a statute enabling them to raise deer on their private property. For 84 years, our industry has served to create innovative management techniques and determine best practices for the benefit of the Texas deer herd. We have always remained a proactive industry: funding research on the health and welfare of the whitetail and on any residual effects of medications administered to deer. We understand that the best decisions are made on facts and science, not emotional and financial agendas. We understand that in a state where 97% of land is privately owned, the conservation of wildlife habitat depends solely on the motivation of private landowners to participate in these efforts to ensure strong rural, agricultural, and wildlife traditions benefit and extend to the next generation of Texans. Our industry in Texas and deer ranchers across the country are engaged in the business of animal husbandry, just as our neighbors are in cattle ranching, goat ranching, horse ranching, and beyond. We care for our animals just as they do, investing our fortunes and futures in their health and well-being. For most deer ranchers, our operations are a family business run on family land. The deer are our pursuit, our purpose and our passion. Yet our industry has consistently been the victim of burdensome and biased over-regulation, forced to comply with stricter statutes, permitting, and testing standards. Why? Because of the emotional agenda of the environmental extremists, the financial agenda of our competitors, and the political agenda of those who would seek to shutter the very operations that they permit and regulate. It is no secret that our industry provides great benefit to the State of Texas. The deer farming and hunting operations that are connected to it provide more than $1 billion annual contribution to the economy of Texas. What other industry in the state that makes such an incredible economic impact would be forced year after year to fight for its very existence? This type of discrimination is shameful.

The 85th Legislative Session This legislative session, the Texas Deer Association entered into good faith discussions with our regulatory agency, as we promoted common sense legislation that would enact positive change within our industry. Measures such as the microchip identification were an attempt to finally clarify policy that would serve the needs of both Texas Parks & Wildlife and the private deer rancher. Thank goodness for the Texas House of Representatives Committee on Recreation and Tourism, who voted unanimously for our microchip bill. Unfortunately, closed-door, back-room deals with our opponents caused some in the Texas House to vilify our efforts and shut down further movement on our legislation. Their attempts to belittle our efforts were nothing more than a thinly-veiled attempt at creating prejudice against our industry. They published blatantly misleading handouts against our industry to damage our efforts. Advocacy groups for the wildlife elite in Texas spread lies and false statements about our industry to kill responsible and reasonable legislative efforts by our industry. We were forced to listen to our opposition make ridiculous suggestions

at our expense, such as painting released deer pink, and painfully nocking the ears of deer to be released. With no thought and absolutely no concern regarding the consequences of such directives, they created a smokescreen to detract lawmakers away from their real intentions… driving small business, smaller-acreage deer ranchers out of business.

The History Behind the External Identification Discussion In the early days of the industry, the law of the land dictated that ranchers had to cut tags out of the deer’s ear because the tags weren’t wanted by the state on liberated deer. It was the ranchers, in fact, who pushed for the change to allow tags to remain at the discretion of the rancher. This is the way the law has remained for many years—allowing the rancher to choose the method that worked best for his operation and his herd. The current cry to make external tags or other ridiculous markings mandatory on released deer is nothing more than an attempt to “segregate” the deer herds in Texas. Once deer are released, they become absorbed back into the wild. So, it begs the question, why would the state want “their” resource to be marked in such a way? For years, we have seen the calls for the legislature to mandate some type of permanent, external identification. Now, our own regulatory agency is hoping to force our industry into such discriminatory markings. The demand by TPWD and some wildlife extremists to specifically require RFID tags as a secondary form of identification does not serve to benefit the deer, the deer industry, or hardworking Texans. It only seeks to depreciate the value of deer held in our pens. The opposition to our industry intends to pass a law or regulation to mark the deer leaving our pens to make them economically less attractive to buyers and hunters. The question must be asked: what would be most beneficial for all parties? Of course, it would be allowing the rancher the discretion to choose the most effective method of secondary identification in his herd: tattoo, microchip, or RFID. Allowing the user to control the system makes for a more successful operation, better accountability and more efficient oversight by TPWD. Mandating RFID, earnotching, etc. is just another attempt at bureaucratic control and will serve to impede the best efforts of the deer industry.

Why Burden Landowners with Intrusive Inspections? The current statute (Section 43.357(c), Parks & Wildlife Code, relating Permit Privileges & Regulations) regarding habitat inspections says: “A person who holds a permit under this subchapter or a person who receives a breeder deer under this subchapter is not required to have the release site inspected or approved before the release of a breeder deer from a breeding facility. This section does not preclude the department from making a habitat inspection but does direct the department to refrain from implementing habitat inspection rules or procedures that could unreasonably impede the broader deer breeding industry.”

TRACKS JULY/AUGUST 2017

The intent of such a statute was to allow TPWD to inspect habitat on private land prior to release as long as it doesn’t burden the efforts of the deer rancher or the greater deer industry. This is truly an issue of private property rights. Dictating intrusive inspection procedures is by very definition an impediment to the industry, as well as a tremendous overreach of the state’s authority on private land. Both of these are contrary to the law. The statute was written to balance the best interests of the whitetail, its habitat, and the landowner and has worked successfully for 10 years, since 2007. The very reason a change to this inspection is being demanded by some at this time is a direct effort to impede the highly successfully deer industry—the very thing the law was intended to prevent. Our industry must unite and collectively realize that we are under siege. We must realize that the wolf is outside our doors. The cries to damage our industry are louder than they have ever been. CWD and tagging are just the issue of the day that our opposition will use as the hammer to destroy our businesses and our livelihoods. Wildlife interest groups created by the Texas elite will stop at nothing to create irreparable damage to our ranches. Our industry must work together to solve major issues. We must also gather support from our fellow ranchers, feed store owners, release site operators, and any others that benefit from our industry. The time to stand united is NOW.

Why Should This Matter to Others?

These types of attacks not only damage deer farms, they also threaten the future of hunting in Texas. To ignore the reality that modern wildlife conservation is so closely entwined with the rapid changes our society will continue to encounter over the next century, will only serve to undermine the efforts of so many landowners. Exiling deer farmers doesn’t make Texas better! It only serves to discriminate against the very ranches and farms that make Texas such a great place to hunt today. As hunters and wildlife stewards, we owe much gratitude and appreciation to Texas landowners. The efforts, resources, and innovation they have put forth makes possible a healthy herd of millions of deer. So today, I ask that you turn to your fellow deer farmers, ranchers, landowners, and businessmen and ask for their support. I ask that you make a phone call or send an email telling them what is happening to our industry. Make them aware of the trials and discrimination happening today. Then, ask them for their hand to make it better. We need all the boots on the ground we can get!

Sincerely,

Patrick R. Tarlton

Simply put, an attack on one Texas agricultural industry is an attack on them all. When it comes to the issues of private property, animal management, regulatory authority, or indemnity against loss due to state mandates, we should all be standing shoulderto-shoulder, neighbor-to-neighbor… from one end of Texas to the other.

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TRACKS JULY/AUGUST 2017

TDA HIGHLIGHTS

TDA KICKS OFF SUMMER WITH ANNUAL BRUSH TO BAY EVENT! BY TDA STAFF

Teammates Colin Wilson and Caleb Lazzari of Boerne enjoyed a day on the water during TDA’s Brush to Bay Tournament this May. Photo courtesy of Craig Wilson

ne of TDA’s most highly-anticipated events of the year, the annual Brush to Bay fishing tournament at Bluff’s Landing Marina & Lodge near Corpus Christi, was held on May 13, 2017. This year, 37 teams participated for $10,000 in prize money. The contest featured four categories: Heaviest Red Fish, Trout and Flounder, as well as the Youth category. Prize money was paid out for first to fifth places in each of the three main categories and for first place in the Youth. The Calcutta/Jackpot boasted a total pot of almost $14,000! An unexpected cold front earlier in the week made for a challenging day of fishing. Only 20 teams caught a Flounder and the Gaftop Side Pot was completely shut out! Nevertheless, everyone had a great time. TDA Executive Director, Patrick Tarlton, extended his appreciation to all those who participated. “TDA would like to say thank you to everyone who fished in this year’s tournament. The excitement and enthusiasm was contagious! We are looking forward to 2018 Brush to Bay which is shaping up to be bigger than ever, with some surprises to come!” TDA would like to extend a special thank you to the 2017 Brush to Bay Committee—Lynn Collard, Leo Martinez, Jeff Jones, Sammy Castaneda, and Carrie Collard. And save the date for next year’s event, scheduled for May 11-12, 2018!

18 | TDA HIGHLIGHTS

The results of the tournament are as follows: Heaviest Redfish - Team #34 – All Out – Dustin Durham (captain), Kelly Durham, Bartt Caron & Kevin Dziuk Heaviest Trout - Team #31 – Three Eagles Ranch – Brett Caron (captain), Rocky Weber, Jason King & Eddie Aguilar Heaviest Flounder - Team #17 – Team Last Call – Will Janecek (captain), Ken Miller, Josh Doehrman & Charlie Roschester Youth – Caden Collard Jackpot - Team #17 - Team Last Call – Will Janecek (captain), Ken Miller, Josh Doehrman & Charlie Roschester Black Drum Side Pot - Team #22 – Team 4 Reel – Art Soto (captain), Jonathan Soto, Danny Soto, Bobby Joe Garcia Skip Jack & Hard Head Side Pots - Team #8 – Flying 5B Ranch – John Barber (captain), Mikey Robinson, Gregory Grubb & Steve Guajardo

TRACKS JULY/AUGUST 2017

2017 BRUSH TO BAY WINNERS AND RESULTS

1ST PLACE REDFISH The tournament prize for Redfish was awarded to Team All Out.

1ST PLACE YOUTH DIVISION Congratulations go to Caden Collard—winner of the Brush to Bay Youth Division trophy!

JACKPOT WINNERS The Jackpot winners of the day were the members of Team Last Cast.

1ST PLACE FLOUNDER Team Last Cast took first place in the Flounder division.

1ST PLACE TROUT The team from Three Eagles Ranch snagged the trophy for 1st Place in the Trout division.

Gloria Boenker of Weatherford and Lia Phillips of Port Aransas show off their day’s catch. Lia’s flounder helped Team Rockstar capture a prize in that category. Photo courtesy of Gloria Boenker

TRACKS JULY/AUGUST 2017

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TDA HIGHLIGHTS

INAUGURAL HOFFPAUIR EXPO OUTDOOR SHOW SUCCESSFUL BY JUDY BISHOP JUREK

Driving up to the FM 580 ranch entrance, this large sign greeted attendees to the first ever Hoffpauir Expo. It was a great success with plans for next year already in the works. Photos by Judy Bishop Jurek

ourtesy of Mother Nature, April 8th was a fine spring day. It began somewhat windy and almost chilly, but turned out sunny and warm with high spirits and a lively atmosphere for the inaugural Hoffpauir Expo. Held at Lee Hoffpauir’s ranch on FM 580 outside Lampasas near the center of the Lone Star state, by all accounts it was a great success. The gates opened to the public at 10am and closed just after six that evening. More than 5,000 people from across the state and elsewhere were eager to shed winter doldrums by enjoying a spring gala. It was free to everyone. There was much to see, smell, touch, hear, and taste as 100 vendors from small to large spread across ranch property inside barns, outside under trees, and in open pasture. Several wildlife organizations—including the Texas Deer Association and many outdoor publications were well represented. According to TDA Membership Director Judy Jackson, “We sold numerous memberships and enjoyed meeting people who had never heard of TDA, who we are, what we do. It was much fun!” The Expo showcased Lee Hoffpauir’s many diverse businesses which include automobile dealerships; farm, ranch, and outdoor superstores in Goldthwaite and Burnet; an archery store; Purina feed store; gun and pawn shop; and Toupsie’s Cajun Restaurant in Lampasas. However, there was so much more to the event! Dog food to deer feed; leather goods and hand-crafted knives to clothing and jewelry; pontoon boats to hunting stands; sound systems for any vehicle; raffle items galore; archery and firearms shooting; a pet baby feral piglet to assorted dog breeds; sports cars to farm equipment; fresh boiled crawfish to wineries... there was a vast array of merchants. Many were hands on allowing folks to try weapons or to test drive various UTVs. There was even an Air Evac ambulance helicopter, present for a close-up view of how emergency patients and medical technicians are transported.

22 | TDA HIGHLIGHTS

Perhaps the best part of the event was the fact that every vendor was giving away a door prize to be drawn at the end of the day. At each booth was a bucket to put your name in for a chance at whatever each business was donating. Coolers, outdoor gear, and gift certificates were only a few items. The grand prize—a four passenger Polaris UTV—was won by Randy Thorp of Lampasas. Jason Maroney heads up Outside Sales/Marketing for the Hoffpauir Group. Part of his job entails being a road warrior for the multiple enterprises within the assemblage. “Our archery store manager Aaron Barton suggested Lee invite manufacturers to his ranch in an area of the state truly lacking such an event.”

The Texas Deer Association was well represented with a large booth under nice shade trees. Judy Jackson, Membership Director, and Events Director Pauline Preston smile for the camera as team members in the background cook sausage to sell.

TRACKS JULY/AUGUST 2017

“Lee said it was a good idea and told me to put it together. We started in late December/early January,” said Maroney. “I had experience with access to many outdoor companies. We chose April due to nice weather and nothing else going on to compete with other than spring turkey hunting.” “It turned out to be a great day with a steady stream of cars coming and going.” Maroney stated they counted vehicles around 1:30pm and believe there were 3,000 at that time. Two-seater Rangers with drivers were kept busy all day carrying visitors to and from the parking area so few had to walk very far. That was certainly an unexpected pleasure for this writer. “It was a success, no doubt about it,” Maroney said with a grin. “We’re thankful to TDA teaming with Leo Martinez and StraightLine Whitetails to sell 500 sausage wraps; they sold out completely!” TDA also held a drawing for a Can Am UTV, grand barbeque pit, and trailer. Maroney said, “We received tremendous feedback from attendees, our personnel, manufacturers, and vendors. More importantly, the twelve conservation groups represented had a prosperous day exceeding everyone’s expectations. We have much potential to move forward and we’re excited about it. Next year we hope to have 10,000 attendees and 200 vendors with more giveaways.” With a laugh, Maroney added, “And lots of food and beverage booths for short lines!” Plans are already in motion for the second Hoffpauir Expo. Mark your calendar now for April 14, 2018. Live entertainment is a possibility. Remember, it is a great way to spend a spring day with the entire family and it is free. Hope to see you there!

Hugely popular with attendees, Polaris and other brands of all terrain and utility vehicles were on hand for visitors to take test drives.

CANNOT BE DONE ALONE - SPECIAL THANKS Every event large or small comes together due to the efforts of many. The Hoffpauir Expo was no exception. Jason Maroney of the Hoffpauir Group would like to offer special thanks to the following: Texas Premier Agency; Charles Rodriguez at Verso Media Group; Scott Pond; Bryan Kinsey; TDA and specifically Leo Martinez and team; Lone Star Outdoor News; Jay Presti; Jordan Shipley; Larry Weishuhn; Texas Trophy Hunters Karl Kinsel; Tina Loefler, Jason Hendricks, and Christian Richards all with Hoffpauir Ranch and Feed; Andy Witcher with Polaris; the manufacturers who attended; and Hoffpauir CFO Kirk Whitehead. Your help was greatly appreciated!

The Hoffpauir Ranch provided a great venue for the outdoor expo with large barns and expansive ground for exhibitions, demonstrations, and of course, parking.

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It’s your dream. Let’s make it a reality. At Capital Farm Credit, we understand that a piece of land is more than a place to go hunting; it’s an escape where you create memories with family and friends. That’s why we’re with you every step of the way throughout the entire lending process. We’re a cooperative, and that means your goals are our goals. And our patronage dividend program means we share our proﬁts and put money back in your pocket. Because we’re all in this together. And together we’re better.

Together we’re better. Partnership that really pays.

capitalfarmcredit.com | 877.944.5500 NMLS493828 WWW.TEXASDEERASSOCIATION.COM

WWW.TEXASDEERASSOCIATION.COM

TDA HIGHLIGHTS

MAKE PLANS TO ATTEND THE 19TH ANNUAL TDA CONVENTION! BY TDA STAFF

hey say time flies when you are having fun, and that’s never truer than how quickly the last 19 years have flown by since the Texas Deer Association hosted its first annual convention! On August 10-12, the TDA will once again be returning to the beautiful JW Marriott Hill Country Resort and Spa in San Antonio, gateway to our amazing Texas Hill Country. This annual convention is the largest gathering of deer enthusiasts in the country! Explore hundreds of booths in the exhibit hall (Grand Oaks Ballroom), while visiting your favorite vendors and meeting new ones. From country western music to seminars, and casino night to auctions, this year’s convention promises something for the whole family! Register online by July 29, 2017 (pre-registration deadline) for the discounted price, as there are limited registrations available at the conference. Full Registration includes all convention activities, as well as lunch and dinner on Thursday through Saturday (delicious meals prepared from scratch in the JW Marriott award-winning catering kitchen, with locally sourced fresh produce). And don’t forget the chances to win big raffle prizes!

28 | TDA HIGHLIGHTS

THE CONVENTION SCHEDULE INCLUDES: •

Thursday (7:00PM) - Family Fun Casino Night (Grand Oaks Ballroom) Visit exhibitors while enjoying quality time with the entire family, and earning raffle tickets to win great prizes!

•

Friday (9:30AM) - “Make Deer Breeding Great Again – New Innovative Tools” (Cibolo Canyon Ballroom)

•

Friday (1:00PM) - Superior Genetics Deer Auction (Cibolo Canyon Ballroom)

•

Friday (7:00PM) - Hoffpauir/TDA Ultimate Sportsman’s Auction & Raffle, with Kristy Lee Cook back this year to rock out our Friday Night festivities, playing immediately following (Cibolo Canyon Ballroom)

•

Saturday (9:00AM)- Seminars by Chef Mike Robinson, Ryan Bronson and Kerry Davis

•

Saturday (1:00PM) - Select and Platinum Deer Auctions

•

Saturday (7:00PM) – TDA Awards Ceremony, with the Grand Auction following (Cibolo Canyon Ballroom)

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While there won’t be a golf tournament this year, you are able to reserve a tee time by calling the TPC Golf Club directly at (210) 491-5806 and chose from two incredible courses – AT&T Canyons Course (designed by Pete Dye) or AT&T Oaks Course (designed by Greg Norman). You may also take advantage of some other on-campus events during the convention. There are several activities offered by the JW Marriott Hill Country Resort & Spa for the entire family! A sampling of hotel happenings during your stay include: •

Spa treatments and luxurious amenities at the Lantana Spa. Plan an escape before, during or after all the convention activities. This spa “embraces the spirit and traditions of Latin American Curanderos to offer timeless treatments in a relaxing and luxurious environment”. Schedule treatments and enjoy the spa amenities, which includes the fitness center or private lagoon-like pool. Call (210) 276-2300 now to reserve your slice of serenity now.

•

And, of course… don’t forget to schedule fun time at the River Bluff Water Experience (Nineacre water park and lazy river) with the whole family!

Our room block rates end July 18, 2017 and are quickly filling up! Don’t hesitate to make your reservations at (877) 622-3140 (“Texas Deer Association Room Block”) to receive a standard King or Two Double Bed room at $195/night + $28 Resort Fee + applicable taxes (a savings of over $100/night on the room and $12 on the resort fee.) For more details as we get closer to the event, please watch our website at www.texasdeerassociation.com. See you in August!

WWW.TEXASDEERASSOCIATION.COM

WEDNESDAY, AUGUST 9TH (PRE REGISTRATION) 9:00 AM - 7:00 PM EXHIBITOR MOVE-IN (Grand Oaks Ballroom) 4:00 PM - 7:00 PM CONVENTION REGISTRATION OPEN (Foyer Registration Desk)

THURSDAY - SATURDAY

AUGUST

THURSDAY, AUGUST 10TH

10-12 JW MARRIOTT HILL COUNTRY RESORT & SPA

8:00 AM - 12:00 PM TEXAS DEER ASSOCIATION BOARD OF DIRECTORS MEETING (Downstairs, Exhibit Hall C) 9:00 AM - 6:00 PM CONVENTION REGISTRATION OPEN (Foyer Registration Desk) 12:00 PM - 1:00 PM KICK-OFF LUNCHEON & EXECUTIVE DIRECTOR ADDRESS (Cibolo Canyon Ballroom) 1:00 PM - 4:00 PM WILDLIFE & PERMIT PANEL FORUM 2:00 PM - 10:00 PM EXHIBITS OPEN (Grand Oaks Ballroom) 4:00 PM - 5:00 PM LEGAL UPDATE (Begonia & Bottlebrush Rooms) 6:00 PM - 7:00 PM BUFFET DINNER (Cibolo Canyon Ballroom) 7:00 PM - 10:30 PM FAMILY FUN CASINO NIGHT (Grand Oaks Ballroom)

23808 RESORT PKWY SAN ANTONIO, TX 78261

PRE REGISTER ONLINE AT:

WWW.TEXASDEERASSOCIATION.COM/19TH-ANNUAL-CONVENTION

OR CALL THE TDA OFFICE AT 512-499-0466 WWW.TEXASDEERASSOCIATION.COM TEXAS DEER ASSOCIATION

@TXDEERASSOC

FRIDAY, AUGUST 11TH 9:00 AM-6:00 PM 9:00 AM-7:00 PM 9:00 AM-10:30 AM 9:00 AM-11:00 AM 9:00 AM-4:00 PM 9:30 AM-11:00 AM 12:00 PM-1:00 PM 12:00 PM-12:30 PM 1:00 PM-5:30 PM 5:00 PM-6:00 PM 6:00 PM-7:00 PM 7:00 PM-9:30 PM 9:30 PM-11:00 PM

CONVENTION REGISTRATION OPEN (Foyer Registration Desk) EXHIBITS OPEN (Grand Oaks Ballroom) REGIONAL OFFICERS MEETING (Begonia & Bottlebrush Rooms) *Attendance required TAHC SAMPLE COLLECTION CERTIFICATION CLASS (Downstairs, Exhibit Hall A) FAMILY HUNTER SAFETY CERTIFICATION (Bluebonnet & Dogwood Rooms) MAKE DEER BREEDING GREAT AGAIN: NEW INNOVATIVE INDUSTRY TOOLS (Cibolo Canyon Ballroom) FRIDAY LUNCHEON (Cibolo Canyon Ballroom) PRESIDENT & PAST PRESIDENT’S ADDRESS (Cibolo Canyon Ballroom) SUPERIOR GENETICS DEER AUCTION (Cibolo Canyon Ballroom) HAPPY HOUR (Cibolo Canyon Foyer & Hall) DINNER BUFFET (Cibolo Canyon Ballroom) HOFFPAUIR / TDA ULTIMATE SPORTSMAN’S AUCTION & RAFFLE (Cibolo Canyon Ballroom) KRISTY LEE COOK (Cibolo Canyon Ballroom)

SATURDAY, AUGUST 12TH 9:00 AM-6:00 PM 9:00 AM-6:00 PM 9:00 AM-11:00 AM 10:00 AM-11:00 AM 11:00 AM-12:00 PM 12:00 PM-1:00 PM 1:00 PM-5:00 PM 5:00 PM-6:00 PM 6:00 PM-7:00 PM 7:00 PM-9:30 PM 9:30 PM-11:00 PM

CONVENTION REGISTRATION OPEN (Foyer Registration Desk) EXHIBITS OPEN (Grand Oaks Ballroom) SEMINAR: MIKE ROBINSON, CHEF (Downstairs, Exhibit Hall A) SPEAKER – RYAN BRONSON (Cibolo Canyon Ballroom) SPEAKER - KERRY DAVIS (Cibolo Canyon Ballroom) LUNCH BUFFET (Cibolo Canyon Ballroom) SELECT AND PLATINUM DEER AUCTIONS (Cibolo Canyon Ballroom) HAPPY HOUR (Cibolo Canyon Foyer & Hall) SEATED DINNER AWARDS & GRAND AUCTION ENTERTAINMENT / EVENT (TBD)

HOTEL INFORMATION: JW MARRIOTT HILL COUNTRY RESORT & SPA (210) 276-2500 WWW.TEXASDEERASSOCIATION.COM

TDACares Effort Launches New Advisory Board

32 | TDA HIGHLIGHTS

DA is proud to announce the formation of the brand new #TDACares Advisory Board. This will be a group of volunteers from the TDA family who are dedicated to furthering our #TDACares outreach… an effort to support various children’s and veteran’s groups across the state of Texas. Since the outreach was launched last year, the association or its members have already touched the lives of hundreds of children and vets through our participation in a wide range of events, benefitting groups such as 4H, The Boot Campaign, OATH, St. Jude’s, and many more. From sponsoring educational opportunities to get more of today’s kids into the great outdoors to serving those who have so courageously served our nation, our mission with #TDACares is to share the blessings we’ve been given with others in our communities. We invite you to join our #TDACares Advisory Board today! Contact Gloria Boenker at gloria@rockstardeer.com for more information about how you can become involved in our efforts to make our Lone Star shine just a little bit brighter for kids and veterans across the state. We applaud those in our TDA family of members who are giving back every day through their charitable efforts. Have a great story to share? Email Info@texasdeerassociation.com to let us know about it!

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WWW.TEXASDEERASSOCIATION.COM

WILDLIFE MANAGEMENT

SELECTIVE BRUSH CONTROL FOR DEER HABITAT MAINTENANCE BY ROBERT AND JANELLE FEARS

Eastern Gamagrass is one of the principal grasses of the Gulf Coast Prairie region. Photos by Robert Fears.

abitat quality has a significant influence on free-roaming deer body condition, antler size and reproductive performance. A definition of habitat is the natural environment where white-tailed deer or other wildlife species live. Good habitat meets the deer’s needs including food, water and cover arranged appropriately on the landscape. “Browse, leaves and twigs of woody plants, is the foundation of a deer’s diet,” says Macy Ledbetter, wildlife biologist at Spring Creek Outdoors. “Although forbs (broadleaved weeds) and mast (acorns, mesquite beans, nuts and fruits) are highly preferred by deer and are very nutritious, both food sources are seasonal.” “Rainfall is normally most plentiful in the spring and fall and this is when most of the forb growth occurs,” continues Ledbetter. “Once soil moisture is depleted due to hot weather, annual forbs will die. Acorn crops usually occur in the fall and are not available year-round. In contrast, browse plants are the most stable part of the habitat and can supply a source of nutrition when other food sources are not available.” Plant diversity is important in white-tailed deer habitat for satisfying dietary and shelter needs throughout the different seasons and weather conditions. Every brush species has some value to some wildlife species, but monocultures or near monocultures of a few species does not make good deer habitat.

36 | WILDLIFE MANAGEMENT

PROBLEM PLANTS “Mesquite provides a wide-range of benefits to wildlife, but as a near monoculture, it is not capable of providing all wildlife needs all the time,” says Robert Lyons with the Texas A&M AgriLife Extension Service at Uvalde. “For example, in north Texas, mesquite can develop into a brush monoculture with a very limited set of understory grasses, usually dominated by cool season grasses such as Texas wintergrass. This situation provides a narrow range of wildlife habitat needs. When a variety of brush species are present, mesquite is one of the least-used plants by white-tailed deer. In south Texas, a mesquite monoculture is often accompanied by bare ground beneath the trees, which does not provide forage or cover for wildlife.” “Pricklypear provides food, water and cover for many wildlife species,” continues Lyons. “In south Texas, it may compose more than 30 percent of the white-tailed deer diet in summer, mainly as a water source. In the Edwards Plateau, pricklypear ranks among the least used as a food source for white-tailed deer. Pricklypear is relatively low in crude protein, but is a good source of vitamin A. Difficulty in digesting the fiber can occur when pricklypear is the sole component of a deer’s diet. In addition, the small spines can cause ulcers of the lips, tongue and digestive tract. Pricklypear is valuable as cover for quail and small mammals. In a plant community with other beneficial

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species, a moderate stand of prickly pear is sometimes useful, but as a dense infestation, it can be detrimental to wildlife habitat.” “South Texas mixed brush communities can be good or bad depending on brush species, their densities and the land-use goals,” says Dr. Megan Clayton, with the Texas A&M AgriLife Extension Service at Corpus Christi. “For example, if the brush is a mix of least-used white-tailed deer species like agarito, althorn, amargosa, knifeleaf condalia, whitebrush and wolfberry, there might be limited forage for deer. Even if the habitat were dominated by a moderate-use species like guajillo, the habitat would provide limited food for white-tailed deer. Although guajillo tests high for crude protein, it contains non-protein nitrogenous compounds that exaggerate the actual protein value. The plant is also relatively low in energy.” “Juniper is not particularly valuable as a forage,” says Dr. Jim Ansley, with Oklahoma State University and previously with Texas A&M AgriLife Research at Vernon, Texas. “It ranks in the least-used category for the Edwards Plateau, although it does provide fruit and cover for birds and small mammals. Thick juniper stands shade out other species, reducing plant diversity and ability of the land to support wildlife.” “Huisache is a common, native tree species in south and east Texas,” adds Clayton. “The plant grows very quickly, taking over pastures within a few years. Although huisache can provide forage, mast and cover for wildlife, it is considered a lowuse forage for white-tailed deer. Much like juniper, huisache becomes so dense that other plant species are not allowed to thrive, reducing value of land for diverse wildlife habitat.”

PLANT DIVERSITY MAINTENANCE To create and maintain plant diversity preferred by whitetailed deer, a land manager must have the ability to identify the majority of plant species on the property. Once a plant inventory of the property is developed, the deer browse rankings in Table One can be used to determine overall habitat condition and plan improvement practices.

TECHNICAL INFORMATION Research conducted by Ansley, Clayton, Lyons and Dr. Charles Hart, Dow AgroSciences, from 2013 through 2015 at numerous locations in south and central Texas shows that the plant selectivity properties of certain herbicides can be used to help maintain plant diversity. Herbicides evaluated in the study were Sendero®, Tordon® 22K and Remedy® Ultra applied by aircraft. Sendero is a formulated combination of 2.3 pounds per gallon of clopyralid and 0.5 pounds per gallon of aminopyralid. Tordon 22k contains two pounds per gallon of picloram and Remedy Ultra contains four pounds per gallon of triclopyr. The above listed active ingredients of the three herbicides are expressed in pounds of acid equivalent per gallon of product. All three herbicides are manufactured by Dow AgroSciences. Results of the study were reported by Ansley, Clayton and Hart at the 2017 Cattle Raisers Convention in San Antonio. Sendero at 28 ounces per acre controlled mesquite and honey locust two years after treatment in central Texas. Catclaw acacia exhibited considerable canopy reduction and mortality three months after treatment, but fully recovered by the two-year

Mesquite is beginning to fill the open spaces on this site and serves as an example of where an application of herbicide might be beneficial.

WWW.TEXASDEERASSOCIATION.COM

WILDLIFE MANAGEMENT | 37

evaluation. Other associated woody plant species showed tolerance to the treatment throughout the two-year period. Definition of susceptibility in these studies are 75 percent or greater canopy reduction and greater than 50 percent mortality. Plants rated tolerant had less than 25 percent canopy reduction and zero mortality. Similar results were received from treatments of 28 ounces of Sendero plus eight ounces per acre of Remedy Ultra, except catclaw acacia, live oak, native pecan, willow and hackberry were only moderately tolerant to the treatment. Moderately tolerant plants had less than 50 percent canopy reduction and less than 25 percent mortality two years after treatment. Adding 32 ounces per acre of Tordon 22K to the spray mix with 28 ounces of Sendero controlled pricklypear and tasajillo as well as mesquite and honey locust. A host of other plants were either moderately tolerant or moderately susceptible to the treatment. Moderately susceptible plants had less than 75 percent canopy reduction and 25 to 50 percent mortality. The central Texas studies show that it is possible to remove appreciable amounts of mesquite and honey locust from deer habitat with an aerial application of 28 ounces per acre of Sendero herbicide. This treatment had very little effect on deer browse. If prickly pear and/or tasajillo are a problem, consider aerially applying a mixture of 32 ounces per acre of Tordon 22k herbicide with the 28 ounces of Sendero. A disadvantage of this treatment is the resulting thinning of browse plants for at least years after application. Depending on the plant species inventory and density of prickly pear and tasajillo, individual plant treatment of these two species may be more appropriate. In central Texas, addition of Remedy Ultra to the herbicide mix did not provide any benefit. Sendero applied alone in south Texas provided mesquite control and showed moderate tolerance of catclaw acacia. Blackbrush and guajillo were moderately susceptible. Catclaw acacia and blackbrush are rated as fair browse species. Guajillo is rated as fair to poor. Similar results were obtained by mixing Remedy Ultra with Sendero except tasajillo and kidneywood were moderately tolerant. Kidneywood is excellent deer browse. Only mesquite was susceptible to the Sendero/ Tordon 22k with pricklypear, tasajillo, black brush, catclaw acacia, guajillo, huisache and spiny hackberry rated as moderately susceptible. Kidneywood and elbowbush were moderately tolerant. As in central Texas, this treatment should not be applied aerially unless damage to deer browse plants is acceptable. Overall test results show the ability to use herbicides for undesirable brush control while leaving the desirable species. Additional information may be found in the Dow AgroSciences technical publication online: http://www.dowagro.com/en-us/range/products/ sendero

38 | WILDLIFE MANAGEMENT

Table 1. Relative wildlife value ranking of selected plant species in south and central Texas

Plant Family Anacardiaceae

Berberidaceae Boraginaceae Cactaceae Celastraceae Chenopodiaceae Cupressaceae Ebenaceae Ephedraceae Euphorbiaceae

Fabaceae

Fagaceae Juglandaceae Koeberliniacedae Lamiaceae Liliaceae Moraceae Oleaceae Rhamnaceae

Rosaceae

Rubiaceae Rutaceae

Salicaceae Sapindaceae Sapotaceae Scrophulariaceae Simaroubaceae Solanaceae Ulmaceae

Verbenaceae

Zygophyllaceae

Common Name Littleleaf sumac Skunkbush sumac Agarito, Agerita Mexican olive Pricklypear Tasajillo Desert yaupon Fourwing saltbush Juniper (young) Texas persimmon Vine ephedra Bernardia Leatherstem Torrey croton Blackbrush Catclaw acacia Guajillo Honeylocust Huisache Kidneywood Mesquite Mountain laurel Retama Texas ebony Twisted acacia Live oak Native pecan Allthorn Shrubby blue sage Spanish dagger Yucca Bois d’arc Elbowbush Brasil Coyotillo Hog plum Lotebush Hawthorne Mexican plum Sand plum Buttonbush Baretta Lime pricklyash Hercules club

Pricklyash Willow Western soapberry Bumelia Coma Cenizo Amargosa Wolfberry American elm Hackberry Palo blanco Spiny hackberry Winged elm Lantana Whitebrush Wild oregano Guayacan

Scientific Name Rhus microphylla Rhus aromatic Mahonia trifoliolata Cordia boissieri Opuntia spp Opuntia leptocaulis Schaefferia cuneifolia Atriplex canescens Juniperus pinchotii Diospyros texana Ephedra antisyphilitica Bernardia myricaefolia Jatropha dioica Croton incanus Acacia rigidula Acacia greggii Acacia berlandieri Gleditsia triacanthos Acacia farnesiana Eysenhardtia texana Prosopis glandulosa Sophora secundiflora Parkinsonia aculeate Pithecellobium ebano Acacia schaffneri Quercus virginiana Carya illinioensis Koeberlinia spinose Salvia ballotiflora Yucca treculeana Yucca spp Maclura pomifera Forestiera angustifolia Condalia hookeri Karwinskia humboldtiana Colubrina texensis Zizyphus obtusifolia Crataegus mollis Prunus mexicana Prunus gracilis Cephalanthus occidentalis Helietta parvifolia Zanthoxylum fagara Zanthoxylum clava-herculis Zanthoxylum hirsutum Salix spp Sapindus saponaria Bumelia languinosa Bumelia celastrina Leucophyllum frutescens Castela texana Lycium berlandieri UImus americana Celtis reticulate Celtis laevigate Celtis pallida Ulmus alata Lantana horrida Aloysia gratissima Lippia graveolens Guaiacum angustifolium

Value Ranking Good Good Fair Good Fair – Good Fair Fair Excellent Poor Fair Excellent Excellent Poor Fair Fair Fair Fair-Poor Fair Fair – Poor Excellent Fair Poor Fair Fair – Good Fair Fair – Good Good Fair Fair – Poor Fair – Poor Fair – Poor Fair – Good Good Good Poor Good Fair – Good Excellent Good Fair – Good Fair Fair Fair Good

Fair Fair Fair – Good Excellent – Good Excellent Fair Fair Fair Fair – Good Good Excellent Excellent Fair – Good Fair – Good Poor Fair Excellent

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Gunslinger 18+â&#x20AC;? TINES | 33 1/2â&#x20AC;? INSIDE | 33â&#x20AC;? BEAMS EXPRE / FR AGENT / PRIME TIME'S SISTER

TAJADA

WHITETAIL RANCH

Gunslinger at 4

George Tunal

TajadaWhitetails@gmail.com

(832) 622-2571 Friendswood, Texas

WWW.TEXASDEERASSOCIATION.COM

TR Voodoo MR Franchise

MR White 952

TR Texbo BTWR White 634 Easy Money XX White 728 TR Rattler

2 Wide Tip Toe White 137

TR Purple Express W 621

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Federal Express

Express

Gladiator II A 203 Dr D Tulip Angus

Max Dream Sister

Max Dreambuck Blue 510

214

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WILDLIFE MANAGEMENT If the neighbors agree that each will maintain a portion of the fence, such agreement is legally binding and can be enforced.5 these agreements are rare, but may be extremely useful for neighboring landowners to specify their rights and obligations regarding fences before an issue arises. Once neighbors reach a friendly agreement, it should be written down and a copy given to each owner. CLEARING BRUSH TO BUILD A FENCE ON A BOUNDARY LINE

A LANDOWNER’S GUIDE TO FENCE LAW PART THREE Third in a series of articles published in Five Strands: A Landowner’s Guide to Fence Law in Texas by Texas A&M AgriLife Extension

RESPONSIBILITY FOR FENCE BUILDING AND MAINTENANCE

aving an accurate survey that shows the correct boundary line is paramount when building boundary fences. Without a survey showing where property lines end and begin, fence building is an inaccurate guess and could lead to future headaches. Perimeter Fence between a Landowner and a State Highway In Texas, all interstate and state highways are closed range. The Texas Agriculture Code states “[a] person who owns or has responsibility for the control of a horse, mule, donkey, cow, bull, steer, hog, sheep, or goat may not knowingly permit the animal to traverse or roam at large, unattended, on the right-of-way of a highway.”1 To keep livestock off of interstates and state highways, it is the landowner’s responsibility to build/maintain a fence along an interstate or state highway. However, if a landowner does not intend to have any livestock on his or her property, there is no independent obligation to build a fence. BUILDING AND MAINTAINING A BOUNDARY FENCE BETWEEN NEIGHBORS Frequently, questions arise regarding how neighboring landowners must share in the costs of building and maintaining boundary fences. A landowner in Texas has no legal obligation to share in the costs or future maintenance of a fence built by his or her neighbor on the dividing property line, unless he or she has agreed to do so. The Texas Supreme Court has held that, “if one proprietor [encloses] his land, putting his fence upon his line, the owner of the adjacent land may avail himself of the advantage thereby afforded him of [enclosing] his own land without incurring any liability to account for the use of his neighbor’s fence.”2 Even if a boundary fence is destroyed by natural causes, a neighbor still has no obligation to contribute toward its reconstruction.3 However, if the neighboring landowner does not participate in the costs of erecting the fence, it is not considered a common fence; rather, it is the exclusive property of the builder.4 Similarly, if a fence is built not on the property line, but instead on one landowner’s property, then the fence is also considered exclusive property of that landowner.

Sometimes a landowner building a fence along a boundary line must clear brush on both his or her own property and the neighbor’s property. If this is necessary, the landowner should always seek permission from the neighbor before entering his or her property and before clearing any brush. Without such permission, entering a neighbor’s property and removing the brush could be considered trespassing and subject the acting landowner to damages. It is always better to ask for permission ahead of time. If permission is denied, the landowner may have to back the fence up on his or her property. CUTTING DOWN A TREE HANGING OVER A PROPERTY LINE Assume that a tree grows on the neighbor’s property, but the limbs and branches overhang another’s land. What rights do the parties have in that situation? In Texas, the location of the trunk of the tree determines who owns it, even if the roots or branches grow onto an adjoining neighbor’s land. A landowner has the right to trim or cut off the limbs or branches of boundary trees or shrubbery that reach onto his or her property, as long as no damage to the other adjoining landowner occurs. However, the limbs or branches can be cut back only to the property line. The tree’s owner is responsible for any damages caused to the adjacent owner from falling branches or roots. It is in the best interest of the tree’s owner to control the growth of the tree so it does not create a source of potential damage to the neighboring landowner. ADVERSE POSSESSION Adverse possession, commonly referred to as squatters’ rights, is a legal concept that concerns many Texas landowners. The risk of adverse possession encourages landowners to make regular use of and inspect their property. Otherwise, an adverse possessor (squatter) can claim title to the land if a number of conditions are met. It is very difficult in Texas to take someone’s land by adverse possession. Although rare, this situation may arise periodically in the context of fencing. For example, assume that a landowner’s fence is just inside his property line and his neighbor grazes livestock on the few feet of land belonging to the landowner, but not included within the fenced-in area. While that land does not technically belong to the neighbor who is using it, if several factors are met, the neighboring landowner may actually be able to seek title to that property. In order for someone to lawfully gain possession of land by adverse possession, there must be • a visible appropriation and possession of the property, • that is open and notorious, • peaceable, • under a claim of right, • adverse and hostile to the claim of the owner, and • consistent and continuous for the duration of the statutory period.6

42 | WILDLIFE MANAGEMENT

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Each of these elements requires in-depth legal analysis beyond the scope of this handbook to determine if they exist in a particular case. The key element a neighbor using another’s land would have to prove is the “under a claim of right” element. The neighboring landowner needs to “designedly enclose” the property for his or her own use in order to adequately give notice to the record owner of the hostile claim.7 Using a boundary fence line example, if Neighbor A builds his fence inside his property line, Neighbor B’s cattle occasionally grazing on the land is not going to be enough to gain title. However, if Neighbor B builds his own fence just outside the current fence (and on the property of Neighbor A), that is more likely to be the sort of evidence that could be used to show that Neighbor A had sufficient notice that Neighbor B was staking a hostile claim to that strip of land. Simply grazing livestock on your land is not enough to gain possession by adverse possession.8 A good practice if you have to build a fence inside your own boundary is to write your neighbor and let him or her know that you still intend to use your property to the boundary and consider filing a record of this fact in the real property records of your county.

• acted in an intentional, willful, or wanton manner to injure the livestock; • acted negligently in producing the minerals; or • used more of the surface than was reasonably necessary. However, because each of these claims will likely be difficult to prove, the landowner is much better off to include contractual provisions that require the operator to fence off operations to protect livestock (ideally in the oil and gas lease itself). In the absence of a lease provision, communication with the oil and gas operator is key and likely the best course. The operator may be willing to put up a fence around its facilities in order to avoid potential liability. APPENDIX Landowner Maintenance Checklist • Inspect and repair fences regularly. • Check livestock frequently to be sure none have escaped.

RESPONSIBILITY FOR FENCING AROUND OIL AND GAS OPERATIONS In Texas, oil and gas companies have the right to enter private property and locate their production facilities under the “reasonable right to use the surface.” Oil and gas companies are under no legal obligation to place a fence around their operations areas in order to protect a surface owner’s livestock. The mineral estate is dominant to the surface estate, meaning that a mineral owner or lessee has the implied right to use as much of the surface as is reasonably necessary to produce the minerals, without permission from or payment to the surface owner. “In the absence of a lease provision to the contrary, the only duty owed by the operator of an oil lease to the owner or lessee of the surface, who is pasturing cattle, is not to injure such cattle intentionally, willfully, or wantonly. There is no duty on the part of an operator to put fences around his operations.”9 If livestock are injured, a landowner may have legal claims if there is evidence that the oil and gas operator:

• Get to know your neighbors. • In case of emergency, share your contact information with neighbors and county officials (sheriff).

1 TEX. AGRIC. CODE. ANN. §143.102. (West, Westlaw through 2015 Reg. Sess). 2 Nolan v. Mendere, 14 S.W. 167, 168 (Tex. 1890). 3 Griffin v. Sansom, 72 S.W. 864, 864 (Tex. Civ. App. 1903). 4 Conner v. Joy, 150 S.W. 485, 485 (Tex. Civ. App.—Fort Worth 1912, no writ). 5 Adair v. Stallings, 165 S.W. 140, 141-42 (Tex. Civ. App.—Amarillo 1914, writ dism’d). 6 Statutory periods vary with the claim (anywhere between 10 and 25 years) 7 McDonnold v. Weinacht, 465 S.W.2d 136, 144 (Tex. 1987). 8 Perkins v. McGehee, 133 S.W.3d 287, 292 (Tex. App.—Fort Worth 2004, no pet.). 9 Santana Oil Co. v. Henderson, 855 S.W.2d 888, 889-90 (Tex. App.—El Paso 1993, no pet.).

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WILDLIFE MANAGEMENT

FERAL HOGS IN TEXAS BY NICHOLAS R. KOLBE

Feral hogs feeding. Photos by Nick Kolbe

eeing as most of those who read my monthly wildlife article are Texas residents, we all have probably dealt with feral hogs (Sus scrofa) in one capacity or another. Hogs have been a hot topic of conversation ever since their introduction into North America and that statement is even more appropriate today. With the recent approval, and shortly after removal, of Scimetrics Ltd. Corp.’s Kaput feral hog bait in Texas, landowners across the state are starting to really question feral hog management and the correct way to combat such a prolific species. The exact date of feral hog introduction is not certain but most who have studied the life history of feral hogs agree that they have been expanding their home-range for over 300 years when the Spanish explorers colonized the new world and introduced them into North America. More recently with the importation of “Russian boars” in the 1930’s and domestic pigs released from farms into the wild throughout the 1900’s, hogs have had no trouble expanding their home-range and finding what I would consider a quite large general niche in Texas and throughout the United States. The most recent distribution map depicts feral hogs located in approximately 230 of the 254 counties in Texas. However as feral hog populations continue to trend upward, so does feral hog distribution. More are beginning to be seen and damage has been Feral hog (Sus scrofa) reported in the western and

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Panhandle regions of Texas. As I noted above, feral hogs are a more generalist species. A general species is one that is able to thrive in a wide variety of environmental conditions and exploit many different types of food resources. This omnivorous animal mainly feeds at night and consumes a variety of foods such as grasses, forbs, tubers, mast like acorns, invertebrates, carrion and live animals when given the opportunity. We as managers and landowners also assist in their increased distribution by actions like intentional release for recreational hunting, increased wildlife management and improved habitat, increased animal husbandry tactics such as

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disease eradication, and by decreasing populations of natural predators. As you can see, we as outdoor enthusiasts and novel hunters in Texas have not made an impact in limiting population expansion by feral hogs as most of the threats that limit abundance and population expansion have been removed. Even so, the life history traits of hogs should not be discredited as one of the main drivers for the rapid population explosion in the new world. Hogs themselves are a perfect species to exploit resources, to survive, and to reproduce. With a gestation period of only 115 days, feral hogs are capable of breeding at six months of age and can give birth two times a year with an average litter size of four to six piglets. Given improved habitat situations, sows have been known to birth up to ten or twelve piglets per litter and give birth three times a year! With numbers like that, feral hogs are a prime species to take advantage of the many diverse habitats like the ones found in Texas. So, what are the major concerns with feral hogs? The biggest nuisance feral hogs cause in Texas is property destruction. Feral hogs tend to forage by rooting and feeding on resources below the soilâ&#x20AC;&#x2122;s surface. That lends itself to the constant disturbance of soil and sometimes the destruction of environmentally sensitive areas such wetlands, springs, creeks, tanks and agriculture fields. On average, feral hogs contribute to about $52 million worth of agriculture damage per year. Furthermore with their expanded home-range into suburban/urban areas, hogs cause a vast about of damage due to landscaped destruction and vehicle collisions. They also

pose a minor threat to the health of other mammals. In general hogs are not a huge threat to humans or other wildlife through disease transmission; however hogs do carry a number of diseases such as pseudorabies, swine brucellosis, anthrax and hog cholera. They can also harbor a number of parasites as ticks, flies, kidney worms and stomach worms which in themselves, can carry a whole different suite of diseases. The major consensus from most landowners and wildlife managers throughout the state is for an eradication of the exotic invasive species. Though because of the life history traits of the animal and its current vast distribution foothold in the Lone Star State, a strategy to managing species numbers rather than total removal is more likely. Feral hogs are deemed by the Texas Parks and Wildlife Department (TPWD) as an unprotected, exotic, non-game animalâ&#x20AC;&#x201D;meaning hogs can be killed year-round if you possess a Texas hunting license. The most common form of control is, of course, hunting and trapping. Hunting can be conducted through many different avenues such as aerial techniques, using dogs or the common blind-sitting. The same is true for trapping procedures. Common traps include cage traps, drop nets and/or walk in circle traps. Finally, given the most recent events in the wildlife field, there has been a large push for pesticide control tactics for the species. Early in 2017 the Texas Department of Agriculture approved the use of a warfarin-based feral hog toxicant, Kaput Feral Hog Bait which is distributed by Scimetrics Ltd. Corp., to assist in population control of the exotic invasive species. However with the recent release came

Feral hog rooting damage

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Feral hogs (left) vs. javelinas (right)

major push-back, as concerns were voiced in relation to target species application as well as potential biomagnification to secondary species. In my opinion there is no greater threat to wildlife species than non-target species consumption. Currently there is not a set procedure for those who use the pesticide to apply it to the range. Therefore landowners who wish to utilize the pesticide may do so by distributing the pesticide bait by any means desired, such as feed trough, ad libitum feeders, timed feeders, hand distribution, or any of the other numerous ways to set out feed. The lack of application protocol by the Texas Department of Agriculture places non-target animals at risk, like migratory birds, white-tailed deer, and numerous meso-mammals who are very likely to consume the pesticide bait if it is simply left on the ground. The feral hog’s feeding strategy also makes this topic that much more complicated. We all are familiar with the phrase “eating like a pig” (which is pretty accurate when referring to feral hogs.) Feral hogs tends to make a mess at the dinner table leaving remains and scattered feed throughout. This opens the door for secondary feeding animals like the ones mentioned above to come behind and consume the feed that is left on the ground. I also want to point out that there is a Texas native animal known as a javelina or collard peccary (Pecari tajacu) that is very similar in body structure and feeding habits to feral hogs. I am not saying that it cannot be done but engineering a feeding devise that in accessible to feral hogs only and not javelinas and other non-target wildlife will be a challenge. Moving forward, a species specific application strategy will need to be developed to ensure only feral pigs have access to the pesticide bait and non-target species do not. Another major concern for the pesticide is the biomagnification effects that the pesticide will have on non-target wildlife. Biomagnification is the “concentration of toxins in an organism as a result of its ingesting other plants/animals in which the toxins are more widely disbursed”. In short meaning animals that consume the warfarin based feed will have a magnified dosage within their body. As detailed and instructed by the manufacturer Scimetrics Ltd. Corp., once the feral hog does consume the pesticide, it can take several

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days before eventual death of the animal. After its death, the carcass of the animal must be disposed of by burial or other methods to ensure the remains are not consumed by scavenging animals like coyotes, rodents, vultures and others. This is required to ensure that biomagnification effect does not carry over to nontarget animals. Such a task is quite unrealistic especially for those landowners that are controlling feral hog numbers on hundreds or thousands of acres. I would go even further to say that tracking down every pig that consumes the bait and disposing of its remains before other animals try to make a meal out of the carcass would likely be impossible, especially since the bait can take up to several days to kill the hog. Since the approval and release of the pesticide for feral hog control in Texas, there was major push back from conservation groups such as the Texas Deer Association and others due to the lack of research and knowledge of the long-term effects that the pesticide will have on ecosystems and the animals that thrive within them. Therefore Scimetrics Ltd. Corp. withdrew its registration of Kaput Feral Hog Bait in the state of Texas on April 24th of this year until further and more robust research is conducted to resolve issues present. Feral hogs in Texas and throughout the United States are a problem for many different reasons such as habitat destruction, native species extirpation, disease transmission, and others. Unfortunately (and realistically) they are a problem that we as managers and landowners will likely be dealing with for years to come as we research and test the most effective and environmentally-friendly solutions to control the species. Until a steadfast method for control is approved, managing the species will be an ongoing task. So if you do have feral hogs on your property, get outside, go hunting, take a kid hunting, set traps, whatever it is you like to do and help limit species numbers. If you cannot get rid of the species indefinitely, you might as well enjoy hunting/trapping them! Nick Kolbe is a wildlife consultant and realtor with TurnKey Real Estate (www.turnkeyrealestate.com)

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WILDLIFE MANAGEMENT

WIN A DEER FARM…

WHO, WHY, HOW, WHEN, WHAT??? BY JUDY BISHOP JUREK

The Texas deer industry represents a nearly $1 billion economic boom annually to Texas. There are currently more than 1,200 deer facilities like this one across the state. Photo courtesy of Chase Clark

contest to win a deer farm – what??? Who came up with that? Why? How do you enter? When and where? What in the world would you do if you won? Every day there are contests with a vast array of prizes for anyone, everyone, wherever you may live, for whatever the reason to enter and try to emerge the victor. But a challenge to win a deer farm has got to be a new one. (Actually, it is the second time such a contest for this has been done!) Keith Warren is a name familiar to almost everyone who has even a passing interest in the outdoors, more specifically white-tailed deer. He is a conservationist, hunter, wildlife enthusiast, writer, public speaker, and deer farmer among his numerous and varied accomplishments. He is also the current host of two popular award winning television series: The High Road with Keith Warren and Deer and Wildlife Stories with Keith Warren. “I love whitetail deer. It’s as simple at that,” said Keith. “I also love deer farming as it’s a way to stay connected to deer all year long, not just during hunting season. Deer farming allows that and so much more. It’s also important for people to know the truth about this type of farming. And the contest was a way to gauge public interest.” “I held the original contest three years ago. It was selffunded. The reason was to encourage and promote deer farming as well as help others understand what the industry is about, how it works. It was a success and that deer farmer is doing very well today.”

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Keith decided to do it again. “I broached the subject to several different folks and quickly had sponsors jump on board. It went from there.” The rules were simple. The winner had to own land where a deer pen of up to one-half acre in size would be constructed courtesy of San Antonio Steel Company. All Seasons Feeders would provide a self-feeder with Cargill/Record Rack supplying one year’s worth of deer feed (two tons). Pneu-Dart would furnish a dart projector and Texas Deer Association would award a one year membership to assist in getting started. Keith and his Texas Hidden Springs Ranch would supply two mature whitetail doe and two straws of semen to the winner. The combined value of this package was set at $50,000. Should the winner decide they did not want to have a deer farm an alternative choice would be a white-tailed deer hunt on Keith’s ranch. The online sweepstake was limited to a single entry requiring only an email address. Although multiple entries were made by some, a total of 2,948 individual submissions were counted. Keith wondered how to select the winner, then asked Cargill Marketing Lead Jodi Dallman to select a number between 1 and 2,948 as the winner. She chose 501 as that was her husband’s birthday. Now remember they only had an email address for the winner. Warren was happy to see the address was a person’s name and not some off-the-wall word, slang or code.

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Keith Warren congratulates winner Derik Kubenka and his family at the March Texas Deer Association Spring Gala and Deer Auction in Mesquite. Photo courtesy of Keith Warren.

Surprised and pleased to learn the winner followed Keith on Facebook, it proved there was an interest in the outdoors, hunting, and whitetail deer, three plus marks in Keith’s mind. Meanwhile, Blinn College student Derik Kubenka, age 20, of Hallettsville went online to see the live drawing but had just missed it. Instead he saw his name with multiple postings saying ‘Congratulations, Derik’ which caused him to get a bit nervous. When the two finally spoke, Keith said there was skepticism in Derik’s voice. “It took me a little bit to convince the young man that he had truly won a deer farm. At first he said he’d take the deer hunt,” Keith said with a chuckle, “But I told him this was great opportunity and he should try it.” “I was excited when I learned I had won as I never expected to win,” said Derik Kubenka. “Since I’m a student and I love to hunt, I discussed both the deer farm and a hunt with Mr. Warren. He convinced me this was a great opportunity for someone like me. He sort of steered me toward the deer farm instead of a hunt.” This writer had a bit of difficulty connecting with Derik as it was the end of the school term which had this young man studying hard as well as getting ready to head home for the summer. This fall Derik will be attending Texas A&M in Corpus Christi majoring in mechanical engineering. After talking it over with his parents, Derik said he would take the deer farm. His family owns ten acres and his mother works at a veterinarian’s office which may prove invaluable. “My family attended TDA’s Spring Gala in Mesquite for the award ceremony. It was fun. We met a lot of people in the industry.” “However,” Derik said with a brief sigh, “We learned there is a lot of work, time, and money involved with raising deer. I’m going to be in Corpus going to school so I will have to depend on my family to do most everything. I’m not sure how this is all going to work right now.” As an outdoor writer, I was told years ago some call it deer farming while others, particularly those in the Lone Star

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state prefer to call it deer breeding. I asked Keith his thoughts. His first response was that it was a good topic of discussion. “Although the state of Texas says deer are wildlife, and they are, to me they are also an agricultural animal. I am a farmer. I am farming deer with better breeding, using the best genetics, improving those genetics, and thus hunting opportunities.” Keith said farmers want to grow a healthy, productive, and prosperous crop so farming deer is really not much different than other crops. “To me, a person wants to get into this industry because you love deer. Yes, you can make money but that should not be the reason. You learn so much more about deer than hunting ever allows.” With a chuckle, Keith added, “Some folks may go home after a long day at work, sit in the backyard, and have a beer. For a deer farmer, you go out to the deer pens and talk to your deer. It can be so therapeutic, so relaxing. And fun.” With all that said, it appears things are beginning to happen as this article goes to press. Keith Warren and his contest sponsors are getting the ball rolling with Derik Kubenka and his family. Winning a deer farm is going to be an adventure and a real enterprise in the very near future. We hope to catch up with you down the road to see how you progress. Best of luck, Derik!

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FOR ANY HARVEST

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HUNTING & SHOOTING

THE HUNTER’S ARSENAL BY LUKE CLAYTON

Big bore air rifles are catching on in the hunting world. Mark Balette used this .45 caliber Airforce Airguns Texan with a 350 grain bullet to harvest this good eating wild hog. Photos by Luke Clayton

ever before have we hunters had such a wide variety of quality hunting tools to choose from. Throughout my hunting career, I’ve gone through several stages—a metamorphosis of sorts. There were times when discussing my style of hunting with others, I was quick to point out that I was a “bowhunter” or “rifle hunter” or “I hunt strictly with muzzleloaders” but those days are behind me. I have learned that it’s much more rewarding, for me at least, to take advantage of the many different seasons and challenges that hunting with multiple sporting weapons affords. Had I not chosen to become an outdoors writer almost three decades ago, I might still be toting my old thutty-thutty lever gun exclusively but I would have missed out on learning about many different hunting weapons and enjoying the extra time afield. Manufacturers are eager to put their products in the hands of outdoors scribes and I have always enjoyed the challenge of learning about and becoming proficient with new sporting weapons. As an outdoors writer, I have been given the opportunity to shoot and hunt with bows—both compounds and crossbows— and muzzleloaders, beginning with the primitive style flintlocks and progressing to inline muzzleloaders that shoot groups comparable to my best shooting center fire. Just a few years ago, I began shooting and hunting with big bore air rifles. I quickly discovered that I thoroughly enjoyed learning the nuances of each weapon and, ultimately, taking game with them. As with most youngsters of my era born in the 1950s, my first gun was a Daisy BB gun. I gave the rats and sparrows on our poultry farm a fit with the blessings of my Dad; he didn’t like the pesky critters around the chicken houses. At the age of about

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eight I got my first .22—a single shot bolt action J.C. Higgins— and was supplied with all the rat shot I needed to keep the rats in check. Every nine weeks, the chickens were sold and rats moved in from the woods in large numbers to chow down on the spilled feed. My little Rat Terrier, Pokie, and I accounted for the demise of thousands of those big, nasty creatures between the years of about 1958 and 1960. Our best night, shooting in two broiler houses, was a grand total of 52 rats. Many young hunters of today can spout Boone and Crockett numbers of their biggest whitetail bucks but back then, it was numbers of rats for me. Deer numbers in Red River Country were few back in those days before the white-tailed deer boon. Then came that Mossberg bolt action .410 shotgun that I used for squirrels, rabbits and occasionally quail, when I could put the sneak on a covey I sighted along a fence line. The .410 loaded with rifled slugs was my first “deer rifle.” I remember rushing home from school during deer season and taking that little shotgun into the back woods in quest of deer. I never saw one while actually hunting but there were the occasional deer tracks that were enough to keep me in pursuit! I made do with my little shotgun and .22 until I was 12 when I got a single-shot Stevens 12-gauge that served as a “deer gun” when loaded with double-aught buckshot. I still hadn’t encountered a deer on my “hunts” but at least I had a gun that had the capability of harvesting one within decent range. I was 15 before I was given my first, sure enough deer rifle… a Marlin 336C 30-30. It was iron-sighted and I was in hog heaven. We had moved away from Red River County by this time but my Uncle Jack and Aunt Molly still owned 80 acres there and deer numbers had increased. I killed my first buck—a goathorned spike—with that little rifle, and as a deer hunter, I was

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on my way. Through these years, I “played around” with various I decided that I didn’t need to hit a Coke can at 40 yards to recurve bows but never made the commitment to actually hunt kill deer and hogs, but I was shooting reasonably good groups with one. out to 25 yards and I felt like taking to the hog and deer woods I remember like yesterday my first hunting trip to the Texas Hill with my new hunting weapon. On opening day of bow season Country in Llano County where deer numbers were extremely that year, I arrowed an old “cull” 7-point buck on Mark’s ranch. high. I killed a little forkhorn with the 30-30 and continued to I had shot countless arrows at my 3D target and when the think that I owned the best tool made for hunting white-tailed old buck slipped under the fence and stood broadside and deer. 20 yards, I discovered how deadly a well-placed shot with a Then in my twenties when I began my writing career, my good broadhead is. The buck went exactly 51 yards and expired learning curve spiraled upward. As a budding outdoors writer, within sight of my stand. I was pumped and officially became I was being invited to shoot and hunt with various weapons. I a “bowhunter” forsaking all other weapons. To this day, I love went from my trusty Marlin, which looking back was all the rifle bowhunting and although I now hunt with all sorts of weapons, I needed for killing deer within 150 yards, to my “dream rifle”… bow hunting is my passion. If I had to choose only one hunting the well touted 7mm Magnum. I was caught up in the magnum tool, it would be the compound bow but, thank goodness I craze of the day. I really had don’t! little knowledge of ballistics Next came hunting with and still remember shooting a crossbows. You see, I billed doe just behind the shoulder myself as a “bowhunter”, with the rifle at a distance forsaking all my firearms but of 40 yards. I was shocked since a crossbow is a bow when the doe ran almost one of sorts, I allowed myself to hundred yards. The fast bullet shoot and hunt with them on at such close range pin holed occasion. the deer without hitting bone. By this time, I had shot I had to track her through and hunted with every some pretty thick cover. conceivable weapon, or so About this time, I I thought. I didn’t consider developed an interest in myself a true master of any shooting muzzleloaders. I of the weapons I hunted with read everything I could get but I was proficient and had my hands on about black used them all to take game. powder and black powder And then, about seven substitutes of the day, years ago, while attending a primers, cleaning, etc. etc. Hunting turkey with a bow can be very challenging, but Predator and Wild Hog Expo Then I contacted Cabela’s “challenge” is what hunting with a bow is all about. in Waco, I was introduced to and was shipped a .50 caliber big bore air rifles that used Hawken-style replica, bullets, air compressed to 3,000 cleaning kit and powder. I was psi to fire projectiles heavy off on a shooting adventure enough to cleanly harvest that was totally new to me. large animals. I began a new In no time, I learned that a learning type of shooting patched round ball was what that I thoroughly enjoyed. the rifle liked best. The 1 in But this time, I didn’t forsake 66” rifling twist of the barrel my other hunting weapons didn’t do well with conicals and become an “airgun only” but it was absolutely deadly hunter. I continued to hunt shooting patched round balls. with my bows and centerfires I put the Hawken to work on but thanks to some veteran deer, hogs and an exotic or airgunners, I was soon two. For about eight years, I educated in the ways of was a “muzzleloader hunter” hunting with the power of and I left my centerfire rifles air. At present, the only in the gun cabinet. During game animal in Texas that can this period, I was sent a legally be taken with an airgun .50 caliber flintlock which I is squirrel but there are tons used to harvest a couple of Deryl Markgraf with several of his AR’s topped with state of the of hogs and exotics to keep deer and later a couple of art thermal night vision. airgun shooters busy. When muzzleloading shotguns. I remember driving some of my duck the Airforce Texan in .45 caliber came out 3 years ago, I began hunting buddies crazy in the duck blind when I did way more killing hogs and several exotics out to 100 yards shooting big loading powder, over powder shot wads and shot than I did 350 grain bullets. These hard shooting rifles develop 500 foot pounds of energy with the big bullets and their accuracy equals killing ducks but I was a “muzzleloader hunter” and abandoned my pump shotgun to remain true to my muzzleloading creed! that of a good centerfire. I’ve reached a stage in my hunting career where I have a I soon learned that the much faster rifling twist of the modern vast array of weapons that I enjoy hunting with. Bowhunting inline smoke poles could stabilize a conical bullet. I used one to remains my overall favorite but on a regular basis I find myself take a big desert mule deer out on Clayton Williams’ West Pyle hunting with all the others. If you have reached a stage in Ranch located between Ft. Stockton and Marathon. your hunting career where you would like to “try something On a muzzleloader hog hunt with my long-time friend Mark Balette in east Texas, I was introduced to the modern (or different”, by all means step outside your comfort zone, get modern for the day) compound bow. I watched my buddy some good instruction and give a new weapon a try. set a Coke can up and at 40 yards, drill it through the center with his compound bow. After Mark repeated this performance Luke Clayton is the host of a weekly radio show, “Outdoors with Luke several times, I make the decision to become a bowhunter. I Clayton & Friends” on www.catfishradio.com. soon had a quality compound bow that Mark set up for me.

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THE MAIN EVENTS ARE OVER…

NOW COMES SUMMER BY JUDY BISHOP JUREK

A bit hard to see, but mourning dove abound in this Central Texas field of sunflowers and natural seedy weeds. Photos by Judy Bishop Jurek

t is over…at least for now…spring turkey season has now he and friends hunt in West Texas as he fears someone may try to lease the place away from them. Normally Ray makes come and gone. Many hunters consider spring turkey as the beginning of a new round of hunting seasons. Begging three trips out west to hunt mule deer and quail. However, this year after taking a massive muley he made a dozen trips just to to differ, spring turkey season is set when all other hunting chase tasty quail. seasons are posted therefore it really counts as the last of the “We’ve had some good quail years but I’ve never seen the past year’s regulated seasons even if actually occurring in a number of birds like this year.” Shaking his head from side to brand new year. Huh! side, Ray said, “We didn’t even make a dent in the population. Looking back at white-winged and mourning doves, your chance for success simply depended on where you were I enjoyed my quail hunts like never before…and who knows, it may be years before it’s this good again so I took full advantage hunting. Many deemed it one of the best in years with limits achieved every hunt. For others, such as me, where doves were of it.” normally thick as flies there were empty skies, fields and trees. It was sporadic at best. The age old adage “here today, gone tomorrow” most certainly applied to more than a few would-be lead slingers. Opening day was great until heavy showers shut us down. The second day was not quite as good as the rain moved many birds. For my immediate area of a five-mile radius the doves seemed to disappear altogether. I was thankful my freezer still held a few from last year. The winter season has been great in years past but again no doves around my place while elsewhere birds were abundant—much to the happiness of hunters pursuing them. Oh well, maybe this September. At our place in the center of Texas we feed all year-round including multiple quail feeders. These PVC pipe cylinders have four holes in the bottom cap to allow milo to filter out. The past two months mourning dove and even a few whitewing have been thick around each so perhaps it is an early indication of a good season come September. Quail hunters statewide were happier than they had Much like a buck in rut, this gobbler appears oblivious to the highway been in years as bobwhite and blue scaled quail were traffic only a few yards away. He is too busy defending the hen behind abundant. My friend Ray will not divulge exactly where him against the jake in front.

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Fishing is fun anytime of the year. Jax Riley, age 3, eagerly holds his very first catch as little brother Sawyer sits nearby. Another friend with a south Texas ranch agreed. “It’s phenomenal how good the quail crop was this year,” stated Brent. “We’ve had some great hunts. Of course my ranch is managed for quail, deer, and turkey so we expect good numbers. However, Mother Nature sure was gracious to us this year. Spring turkey season was good as we had a great poult hatch with strong numbers of two- and three-year-old birds. Bucks are starting to sprout antlers; it’s my time of year!” On the whitetail front you will always hear good stories with bad. In response to an often broached inquiry as to tagging a big one, some hunters replied: “You have to see a big one to get a big one, right?” Of course, many often pass up a good buck in hopes a better one may come by only to chastise themselves later for letting what turned out to be a big one get away. For all the unlucky, unsuccessful, or whatever deer hunters, there are always those who killed what they wanted…or allowed them to walk without pulling a trigger. Some just like to witness a fine buck, take some photos, and let the muy grande (or one with potential for such a title) live another day. “My son and I have only killed two bucks in the last seven years,” said Tom, a veteran hunter near Uvalde. “We’re selective when it comes to antlers. Doe meat fills our freezers. I don’t have to pull the trigger to get hunting satisfaction. Letting young bucks walk by, then seeing them again the next season is a thrill I can’t really explain.” And then there are those with excuses. Texas (and elsewhere) is well-known for the much dreaded incredible ground shrinkage syndrome. It amazingly occurs when a buck’s antlers touch the ground…they simply shrink…sometimes quite dramatically causing much anguish to the hunter who shot it. “I thought he was bigger,” is usually followed with a giant audible sigh of disappointment. The word bigger could be substituted with wider, taller, heavier or a host of other descriptive words that all cause the same result when the downed buck is in hand: pure angst and often regret! On the other hand there is another phenomenon that takes place albeit rarely…the antlers grow more massive upon hitting the hard earth! Those fortunate enough to witness and experience this exception to the ground shrinkage spectacle

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will tell you there is no greater feeling for a deer hunter. “I knew the buck was big but the antlers seemed to grow as I walked up to it,” gushed Arthur when he brought a massive whitetail into camp. John said, “I watched this buck for almost thirty minutes. I just didn’t think he was that big but then I decided since I’d never shot a typical 12 pointer I better take him. Wow, the antlers seemed to keep growing the closer I got. Sure glad I didn’t pass him up!” “I couldn’t believe my eyes as my dad and I walked up to my buck. I was really kind of scared ‘cuz its horns just kept getting bigger.” Marci added, “I started crying but they were tears of joy as I’d never killed a buck that big and might not again. I’ll never forget that feeling!” One excuse many hunters rarely admit is catching buck fever. Like the aforementioned instantaneous diminished antler size, this malady can happen at any time, in any place. It has nothing to do with age or experience. Trying to line up the crosshairs, the shakes set in! Out-and-out shivering, unsteadiness, a severe hot flash, gasping for air, or hearing your heartbeat pounding like a bass drum in your ears will not allow a smooth trigger squeeze for a sure and stable discharge. The hunter tries hard to gain control and maintain a firm aim but may end up not taking the shot. Perhaps it is a total miss. Or the animal is hit but not where intended. It happens. There is no medicine to prevent buck fever. It takes inner strength, mind control, plus a few deep breaths to gain composure allowing for a steady aim resulting in a good shot For me personally, I get doe fever. That fidgety, cautious, waiting-to-stomp or blow the whistle doe is more difficult to trigger than a large-antlered buck. I can make myself not look at the rack once I make the decision to shoot. On a doe it is different. Having studied carefully trying to take an older mature matriarch, it is like she knows when I finally get my rifle ready. Arrggghhh!

Trapping is the highest priority when Shiloh Johnson, 6, visits his grandparents. This youngster is quickly becoming an accomplished trapper and varmint hunter.

HUNTING & SHOOTING | 63

Now Comes Summer cont... Equally fun and entertaining is watching jakes. These wouldYoungsters and first time hunters regardless of age create memories to last a lifetime. There is nothing like the feeling be suitors are not quite positive of what they should do. Much like a buck in rut, everything is thrown to the wind if a gobbler, experienced with that very first deer. Not long ago I visited the head of a large corporation in his high rise executive suite young or old, is wrapped up in lovelorn lust. With sharp, keen office. On the wall was a wooden plague sporting a small four- hearing and sight, turkeys are able to catch the slightest noise point skull plate covered with leather. It was the centerpiece or movement. Luckily they have no sense of smell or hunters surrounded by impressive mule deer and whitetail shoulder would be in triple trouble! Spring turkey hunting can be exhilarating. mounts. Rolling into summer it is time to keep your eyes and ears open “There’s nothing quite like that first deer,” Matthew said to possible pitfalls. Break out insect repellent as chiggers and reflectively. “I’ve hunted all ticks are alive and well, over but that little guy was— looking for a warm human and is—my favorite. I started host. Ground buzzers, out each of my kids on small aka rattlers, are like other bucks and let them work slithering venomous and their way up. I’m not a fan of non-venomous snakes letting youngsters take big in the fact they are alive, bucks from the beginning hungry, and alert… even of their hunting career. Just your urban backyard. my opinion, but I think they Do not let fear of snakes, might get spoiled and quit bugs, spiders or anything hunting altogether.” else keep you from an They say a picture is worth outdoor adventure of any a thousand words. That kind. Summer is the time maxim aptly applies when to look for antler sheds, a photograph captures a go cycling, watch birds, new hunter’s first “trophy” kayak cool waters of regardless of the species. streams, rivers and lakes, With today’s smart phones hike, camp out, go fishing, there is no reason not to work in your garden and catch the excitement and yard, and too many other enthusiasm for tomorrow things to list. and thereafter. Pick up an Take a youngster for an outdoor magazine, local outside quest. Summer newspaper during hunting days and nights are great season, or check social media for varmint calling, hog to see new hunters of all hunting, froging, trapping, ages proudly displaying their stargazing, and/or sitting trophies. around a campfire telling Hunting competitions tales, tall or true. Each show hunter successes across activity creates memories the state and elsewhere. that may be the beginnings Some hunters collect prizes of a future hunter, fisher, annually; their names and outdoorsman or woman. faces synonymous with Many pursuits are certain ranches and/or economical compared to a contests. For others, their weekend at a theme park trophy is that once-in-alifetime although it may spark Seven-year-old Mason Dodd proudly displays his very first cottontail. and more wholesome (at a quest to best their self each Summer is a great time to get outdoors and teach youngsters how least to this outdoors gal!) Reflect on your past season regardless of the to hunt, beginning with small game. hunting season to make a outcome. Many hunters keep silent about their trophies. Winners may To Do list. Time is now for a new weapon, scope, binoculars, game camera, camouflage clothing, recreational vehicle, or discover other hunters vying for their lease offering higher pay to a landowner. A few ranches worried about poaching stipulate whatever. There are always lots of summer sales offering great no contest entries. And some hunters are simply modest with prices. Perhaps cleaning all your gear for storage so it is ready for next season is your only requirement if you have not done no desire for publicity. Perhaps you know someone like this or so already. you may be of that nature yourself. We all know time does not stand still. My dear departed The end of deer season quickly rolls into the next calendar phase along with the arrival of spring turkey season. A fine time mother always said the older you get the faster time flies, to be outdoors, witnessing the greening landscape shaking off and it is most assuredly true. A new round of hunting seasons beginning in September will be here in the blink of an eye…and winter doldrums while possibly witnessing a wild turkey waltz. suddenly you will be thinking back…it is over…at least for now… To see dazzling blacks, browns, bronzes, and golds set off by a blue head with bright red wattle emit an ear-splitting gobble is amazing. The fanning, strutting, and strumming to Mother Nature’s inner music can be wondrous.

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An avid outdoors gal and lifelong rural resident, Judy Bishop Jurek enjoys sharing her own experiences and the adventures of others through writing. She may reached at redwriter@1skyconnect.net

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HUNTING & SHOOTING

PRACTICAL OPTICS BY LON KRIEGER

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NEW AND OLD

“

Dad. You need a new scope.” “No, Son, this one has done me well for over 25 years now.” “Dad, that’s exactly why you need a new scope!” Ever heard a conversation like this? Well, who’s right? They both are. How many old Leupold Vari-X II 3-9x scopes do you see on guns these days. Lots! They were workhorses in their day – and nothing’s changed. They still work as good as the day they were purchased. Case in point: if any of you hunted with me when I ran hunting operations at the San Roman Ranch, my truck gun was a Ruger .25-06 with this very scope nestled in its rings. It had been there since 1980 when I bought the rifle and was upgraded to a new model Vortex just a couple years ago. It wasn’t broke – I didn’t fix it. Not until I just couldn’t resist the upgrade. Optics will last a really long time and work well with an amazingly little bit of care (that scope on my Ruger had lead a rough life, though). Dad wins the conversation

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on this point. The fly in the ointment is that optics have gotten a lot better in the last few decades. Here, the son wins. So, what does Dad do? Some folks shoot recurve bows and .45-70 rifles. Some shoot state-of-the-art compound bows and mega-magnums. If Dad is in the former group, that scope isn’t going anywhere, but if Dad shoots a 28 Nosler, he’s probably not long for new glass. I have a pre ’64 Winchester model 70 featherweight .30-06 that’s a legacy from my father and it wears that same Leupold 3-9x scope. Unless it breaks, it’s not going anywhere and never will for nostalgic reasons, but the Ruger got an upgrade for a good reason (a hunt) and to gain the higher quality optics, turrets, and higher magnification. If I were to hold a new VX II 3-9x scope (the upgraded version of the Vari-X mentioned earlier) next to the one on my Dad’s Winchester, it would be noticeably clearer, sharper and brighter even though it’s the “same scope”, but not because of the age and use on the old one. Optics technology has made major leaps in quality in

TRACKS JULY/AUGUST 2017

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the interim. Better glass, better lens coatings, and better engineering and manufacturing are the reasons for the improved image quality. Add to that the improved reticles, reticle adjustments, and other new features, and it’s not difficult to justify upgrading to a new scope. This same argument applies equally to binoculars and spotting scopes, too. If you have used the same binocular or spotter for more than 10 years, it may be possible to get a new model that is clearer, brighter, sharper and lighter for less than half of what you spent for your old unit. Here’s a thought to consider: if the question is whether to upgrade a binocular or riflescope, I would opt for the bino because it is used so much more than the scope. You may use your bino a thousand times or more during a hunting season, but only put your riflescope into play a dozen times or fewer. You can use the bino to scan, judge, count, follow and just observe a critter, then all your scope must do is show you where your bullet is going to hit. You’ll get a lot more “mileage” out of the upgraded bino over an upgraded scope. I don’t often recommend upgrading a scope just because of “size” or to gain most features advertised today. Look first to upgrade image quality and brightness, then while you’re at it, you can opt for different magnification, reticle, objective lens size, etc. Scopes can now be had with built-in cameras, laser rangefinders, bullet drop calculating devices and such, but I’m not sold on most of these items. If you are the rare shooter that needs these features – you know it. If

they just sound interesting to you, I’d stay away. They will only detract from the prime task at hand, which is putting a bullet in the kill zone of a critter. Most hunters rarely shoot beyond 300 yards, negating the usefulness of many of these features. Guiding on the San Roman Ranch, I saw several trophies simply walk away while my hunter played with his rangefinder, twirled turrets, or fooled with the parallax adjustment instead of squeezing a trigger. All for a 150 yard shot? In marrying Old and New, Weaver has just announced it is making a new version of its classic K-4 scope that so many of us got started with back in the 50’s and 60’s. It looks like the original, but has modern optics and mechanics inside. It is a 4x scope. (Bet they sell a ton of them to us older, nostalgic hunters.) While there may be nothing wrong with the scope on your rifle, there may be a lot of things right about getting a new one (or any other optic in your gear bag). If you’ve had that scope for 20 years, it’s time to start looking at what is available. For as little as $300-600 you can get great image quality and dependability in many new scopes. But whatever you spend, put it toward quality—not gimmickry. You’ll have that scope for maybe another 20 years or so. Put your money toward what counts. You’ll be glad you did.

“You may use your bino

a thousand times or more during a hunting season, but only put your riflescope into play a dozen times or fewer.”

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Lon Krieger, owner of Trophy Tools (www.trophytools.com), has been an optics dealer for more than 15 years, a shooting instructor for more than 20 years, and a hunter for more than 50 years on three continents.

HUNTING & SHOOTING | 67

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HUNTING & SHOOTING

COUNTRY COUSINS: IMPORTANT DIFFERENCES BETWEEN WHITETAILS AND MULE DEER BY JIM HEFFELFINGER

Mule deer are residents of wide open spaces and don’t seem to adapt to human disturbance and construction as well as their white-tailed cousin. Photo by Kelli Poole

here are about 50 species in the deer family (Cervidae), but in the United States there are only 2 we refer to as “deer”. In North America we have small brocket deer in southern Mexico and moose, elk, and caribou in the northern part of the continent, but when we hear someone talk about deer, we immediately think of the two species that are similar in a number of ways but different in others: white-tailed deer and mule deer. There are many areas where these two types of deer coexist on the same range and so it is especially important that hunters be able to tell them apart. When we look at a mature buck of either species the differences seem obvious, but that’s not always the case. There is enough individual variation in antler shape and body characteristics to make even experienced hunters hesitate at times. Adding to the difficulty is the fact that sometimes identification has to be made quickly in the field with a deer giving you only a few seconds to complete your identification. There are a few obvious, but not entirely reliable, ways to differentiate between whitetails and mule deer such as antlers, tails, and facial markings. Other, more subtle characteristics, like metatarsal and preorbital glands, can be helpful, but they are not things that are easily seen through binoculars or a rifle scope.

use all the information available when differentiating between these deer species. Most hunters focus on tails and antlers, but these features can vary enough to cause confusion. ANTLERS Antlers are the least informative characteristic to use when trying to identify these two deer species. This is because of the incredible variation in antler shape in both species. There are, however, differences that can be used in combination with other characteristics. Mule deer antlers typically have small brow tines, if they have them at all. The main beams sweep out and upward, forking once and then each fork divides again in mature bucks. Mature bucks typically have eight total points or ten if the brow tines are present (“eastern count”).

BODILY DIFFERENCES Physical differences in antlers and bodies can be used to accurately identify these species where their distributions overlap. This is critical for hunters because hunt permits and seasons in almost all states differ for each deer species. Even though these species differ in many physical ways, there is enough individual variation in each type of deer to present some interesting specimens that cannot be quickly identified. Some of these characteristics when used alone can be confusing or yield an incorrect identification. It is important to

70 | HUNTING & SHOOTING

Mule deer antlers (left) fork once and then fork again with insignificant brow tines, but in whitetails (right) all the tines arise from the mainbeam with prominent browtines. Illustrations by Randy Babb

TRACKS JULY/AUGUST 2017

FACE

Whitetails (left) and mule deer (right) can be differentiated based on several characteristics such as tails, rump color, metatarsal glands, and relative ear length. Photo by Pat O’Brien

A white-tailed deer’s forehead is usually about the same coloration as the rest of the face, although it is sometimes slightly darker. The white eye rings and nose markings are obvious and a fairly reliable whitetail characteristic. The mule deer has a distinctive black forehead, or “mask,” that contrasts sharply with a gray face. Their lighter, more uniform facial coloration results in less obvious markings around the eyes and muzzle. The preorbital gland is located in the front corner of the eye and differs considerably between the two species. The preorbital gland of whitetails is very small, appearing as a small slit with a maximum depth of three-eighths inch. In mule deer, this gland is much larger, forming a substantial pocket about three-quarters of an inch deep. This is not something you are going to see at a distance, but it is a unique difference between these two deer. TAILS

The same buck would be considered a four-point buck with “western count” (number of points on one side excluding the brow tines). Typical whitetail antlers have several antler tines that all arise independently from a main beam that sweeps outward and forward from the bases. The brow tines are nearly always present and usually prominent. It is not unusual for whitetails to have forked tines like a mule deer or to see a mule deer with all tines arising from the main beam. Some populations such as the whitetails in the Carmen Mountains of northern Mexico have been shown to have a lot of forked antlers like mule deer. There is simply too much variation in antlers to serve as a consistently reliable identifying characteristic. EARS Mule deer were named for their large ears, reminding early explorers of the mules they used. Later scientists concurred, giving the mule deer the scientific species name “hemionus” meaning half mule. Whitetail ears are certainly shorter than those of mule deer (which measure a whopping 9.5 inches). The ears of a white-tailed deer are generally two-thirds the overall length of the head while those of a mule deer are threequarters head length. The difference in ear length is obvious when you compare the two types of deer side by side, but a single animal is hard to categorize by the ear length alone.

The wide, flattened tail that is iconic in whitetails is broad at the base and narrower at the tip. The pure white underside is contrasted by a darker (brown/gray/reddish/black) back side. White-tailed deer tails are longer than mule deer tails and are not surrounded by a large, conspicuous white rump patch like in mule deer. Mule deer tails are shaped more like a short rope and are usually white on the back side with a distinctive black tip. Some mule deer may have a thin brown stripe down the back of the tail and the mule deer in southwestern California have very wide brown tails. The black-tailed deer of the Pacific Northwest are not a third kind of deer, but rather just a subspecies of mule deer. Interestingly, black-tailed deer tails are more similar to whitetails but darker. This makes the color of the tail much more confusing than most people realize, but these mule deer/ blacktail variations only cause minor confusion in an area of western Washington and Oregon where their ranges meet the distribution of whitetails.

Mule deer metatarsal glands are more than 3 inches in length, located high on the lower leg, and covered by a tuft of brown hair. Photo by Jim Heffelfinger

METATARSAL GLANDS

Whitetail metatarsal glands are less than an inch in length, located on the lower part of the leg, and surrounded by white hairs. Photo by Jim Heffelfinger

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The metatarsal gland is another structure that differs between the two species, but is only useful at very close range. This gland is located on the outside of the lower portion of the rear legs. This should not be confused with the tarsal glands on the inside of the legs. The metatarsal glands on mule deer sit high on the lower leg and are four to six inches long and surrounded by light brown fur. The white-tailed deer’s metatarsal glands are at or below the mid-point of the lower

leg, usually less than 1 inch, and surrounded by white hairs. This is the only physical characteristic that is consistently different enough to accurately diagnose a white-tailed deer/mule deer hybrid. A hybrid has metatarsal glands that are intermediate, usually measuring between two and four inches and sometimes encircled with white hair (sometimes not).

only reason one might find differences in their diets. There are no known physical or physiological differences that would account for them selecting different food items in the same habitat. Even in the lush forests of the Pacific Northwest (WA), new research is showing that tame deer of both species eat mostly the same plants when they are taken out of their pens and allowed to forage together.

ESCAPE BEHAVIOR WHERE DEER COME FROM When alarmed, a white-tailed deer throws up its tail, exposing the white underside, which alerts all other deer in the area of the apparent danger. It then runs directly away from the source of danger, using its speed to put as much distance between itself and the disturbance as it can. The mule deer does not “flag” its tail and usually bounces away in a motion called “stotting” where all four hooves land and push off at the same time. Their escape is not as fast as that of whitetails, but it is effective for quickly moving through rugged terrain. FLUCTUATING RANGES Although the adaptable white-tailed deer have made steady gains in much of the country, mule deer populations ebb and flow from one decade to the next. Although most mule deer populations are improving now, we witnessed a range-wide decline in the 1990s due to a lot of different factors in different areas throughout the West. As the distribution of these species changes, it alters the dynamic relationship between them. The reasons for these changes in distribution are not always known and sometimes happen so slowly they are hardly noticed. Whitetails in the Rocky Mountain states are expanding to the point that agencies are changing regulations to take advantage of the more abundant game species in their midst. In some parts of the Southwest, when desert mule deer herds decline in the lower-elevation habitat, whitetails move down and use the valley and desert grassland habitat formerly considered mule deer country. It is very hard to pinpoint the cause of changes to deer distribution in most cases, it is a complex and dynamic situation and varies on a case by case basis that defies generalities. Whitetails have been expanding in West Texas and the Panhandle for some time. This has raised concerns for the future of the desert mule deer there. The general feeling is that the increase in brush encroachment in that part of the world has turned mule deer habitat into whitetail habitat. At least two solid research projects have shown that when brush canopy coverage exceeds 50%, mule deer decline and whitetails increase. DEER DIET If we are lucky enough to score on a deer or two in the fall, our family lives year-round on a steady diet of venison. Do whitetails taste different than mule deer? Several of my equally-experienced hunting friends claim a huge difference in the taste of one species versus the other. That may be so, but I have just not been able to discern it myself. It may be my lack of taste bud sensitivity or a generally uncultured palate. However, it is not valid to compare mule deer harvested in a completely different habitat (eating completely different plants) and attribute any difference in taste to the species, rather than their diet. I would guess corn fed Iowa white-tailed deer taste better than a desert mule deer on drought-stricken Sonoran rangelands, but it may have nothing to do with the species of deer. Likewise, a white-tailed deer poorly taken care of in the field on a hot day is not going to be as delicious as a well-processed mule deer in cool weather. Talk of deer diets, however, is more often directed at what deer are eating and not what’s eating deer. Whitetail diets are very similar to those of mule deer in areas where they coexist. The fact that whitetails and mule deer tend to occupy different habitat structure (in Texas it’s mostly based on the amount of brushiness), and differential elevation zones, is probably the

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White-tailed deer and mule deer are closely related and the product of the same Odocoileus stock from somewhere in the Pliocene Epoch. These two forms probably started to differentiate into different species during the early to midPleistocene (around two million years ago). Several recurring ice ages occurred throughout the last two million years that produced a complicated and poorly-understood pattern of genetic and physical differences in many animals in the northern latitudes of North America. The most likely cause for mule deer and white-tailed deer evolving differently is due to physical isolation from the ice sheets present in the ice ages. Any one of these glacial cycles could have been enough to cause the two species to separate. The current distribution of white-tailed deer overlaps with mule deer in many places, but that is because their distributions have come back together after being apart. On rare occasions, however, we hear of a deer that cannot neatly be labeled as one species or the other. This mysterious deer looks mostly like a mule deer, but has a tail with a dark back-side (usually black) like that of whitetails. White-tailed deer and mule deer hybrids do occur, but they are rare in the wild. These two species generally use different types of habitat in the areas where their ranges overlap. For example, mule deer in the Rocky Mountains stay in the higher-elevation mountain areas and whitetails are found primarily along the river courses and valleys. In the Southwest that is reversed with desert mule deer living in the desert valleys and whitetails in the mountains. This separation and differences in breeding behavior and rut timing does a pretty good job to keep the two species from interbreeding. The relationship between our two species of North American deer is complex. LEANING FORWARD Whitetails and mule deer come to us through slightly different histories and were shaped by different conditions when they were separated by glaciers or habitat that created barriers to mixing. Despite their time in separation, they actually remain very similar in many biological and ecological ways. For example, their skeletons below the skull can only be separated by a few very specific bony structures in various places; to everyone but a bone specialist the two skeletons would look the same. Despite what we throw at it, the adaptable white-tailed deer just seems to keep chugging along and doing well amid advancing urban encroachment, habitat change, droughts, floods, disease, etc. Mule deer are more sensitive to human development, energy extraction, weather patterns and heavy predation, but that doesn’t mean the mule deer is doomed. The mule deer will exist in what open spaces we leave it, and whitetails will always live in the more vegetated habitat that is left. Our charge is to make sure we remain good stewards of the habitat and work to concentrate our attention to what needs to be done to preserve the historical balance between these two species. Jim Heffelfinger is a Certified Wildlife Biologist who has worked as a biologist for the federal government, state wildlife agencies, universities, and in the private sector in Texas, New Mexico, and Arizona. Jim has authored or coauthored more than 200 magazine articles, dozens of scientific papers, and 19 book chapters in regional, national, and international publications. Visit www.deernut.com.

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HUNTING & SHOOTING

TDA OFFERS WEBINAR WITH TOP ARCHERY PRO AARON BARTON!

his May, TDA hosted a webinar with Archery Pro Aaron Barton from Hoffy’s Archery in Lampasas, Texas. The hottest tips in the world of archery were shared with hundreds of TDA fans from across the country. Barton discussed the latest trends in equipment, gear, and new technology that has just hit the market. He also provided shooting tips and tricks of the trade for better accuracy and consistency. TDA offered this free webinar to help the outdoor community improve their skills and learn how to upgrade their equipment. This event was a MUST ATTEND for anyone who was interested in the bowhunting or archery communities! Miss this great webinar? You’re in luck! Simply visit https://youtu.be/ YVeiEVSsY3o to view and enjoy access to this incredible seminar. While you are online, find us on Facebook at www.facebook.com/ texasdeerassociation to learn about more webinars and upcoming events from the Texas Deer Association!

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TRACKS JULY/AUGUST 2017

INDUSTRY NEWS

LEGISLATURE APPROVES FUNDING FOR VET MEDICINE AT TEXAS TECH UNIVERSITY Compiled from wire reports — The 85th Legislative Session in Texas came to a close at the end of May, and one of the most hotly debated topics being the biennial budget. Within the 900 pages of legislation, the budget approved by lawmakers included $4.1 million allocated to Texas Tech University for the purpose of “veterinary medicine.” Talk of a veterinary school at the University has been ongoing for months, and now it appears that the plans will be moving forward. In a joint statement, four West Texas legislators (Sen. Charles Perry, R-Lubbock; Rep. Dustin Burrows, R-Lubbock; Rep. John Frullo, R-Lubbock; and Rep. John Smithee, R-Amarillo) spoke to the plan: “Rural Texas depends on agriculture as an economic driver, and the lack of large-animal veterinarians in Texas can have a devastating effect on our communities,” the statement said. “The inclusion of $4.1 million in the state budget to establish a veterinary school at Texas Tech University will go a long way in addressing this need.” Also in the statement, they said “The overwhelming support for the funding of a veterinary school at Texas Tech University goes to show that both chambers and both political parties understand how important this is to rural Texas. This school will ensure students receive high quality veterinary skills and education for large animal practice in high need areas.”

FEVER TICK AMENDMENTS ADOPTED AT TAHC COMMISSION MEETING From the Texas Animal Health Commission — The Texas Animal Health Commission (TAHC) adopted amendments to §41.8 of the Texas Administrative Code concerning dipping, treatment, and vaccination of animals for Fever Ticks at the regularly scheduled Commission meeting on May 9, 2017, at its headquarters in Austin. The purpose of the amendments to §41.8 is to provide the Designated Fever Tick Epidemiologist (DFTE), with the approval of the Executive Director, the discretion to approve inspections, dipping treatments and/or vaccination requirements that are less stringent than those currently prescribed, taking into consideration the circumstances of the affected producer, and the commission’s overarching goal to encourage producers to maintain cattle on affected premises. “Our goal is eradication of cattle fever ticks, and biology of the tick allows no shortcuts to reaching that goal,” said Dr. Andy Schwartz, TAHC Executive Director. “Cattle maintained on or near premises have significant value as sentinel animals, and when found, become control agents of the fever tick. This rule change allows us to consider the rancher’s particular circumstances in developing a science-based plan encouraging continued stocking with cattle while ticks are eradicated.” The TAHC strives to protect the health of all Texas cattle from fever ticks through surveillance, control, testing, and treatment of any livestock and/or wildlife that may serve as a host, while recognizing the importance of cattle production in all quarantine zones. The amendments to §41.8 went into effect on May 30, 2017. For more information about the Cattle Fever Tick Eradication Program, visit http://www.tahc.texas.gov/animal_health/cattle/#ticks.

BATTLE OVER THE USAGE OF WARFARIN FOR HOG ERADICATION IN TEXAS ON HOLD FOR TIME BEING From wire reports — In April of this year, the company producing “Kaput®”—the EPA approved pesticide for feral hogs—withdrew its request for registration in Texas. According to a news release, Scimetrics “discontinued attempts to provide this resource in Texas at this time.” The company’s release went on to say “Under the threat of many lawsuits, our family-owned company cannot at this time risk the disruption of our business and continue to compete with special interest in Texas that have larger resources to sustain a lengthy legal battle.”

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Many outdoor groups including the Texas Deer Association stood in opposition to the proposal by Agriculture Commissioner Sid Miller to utilize the poison to help eradicate the Texas hog population. The Texas Veterinary Medical Association released the following in a statement earlier this year: “There is concern among the veterinary medical community that the mass distribution of Kaput (trademark Kaput®), a product containing Warfarin (rat poison), could have serious, unintended consequences on humans, other animals, including livestock and wildlife and requires further study to ensure it’s a safe, efficacious means for Feral Hog control and does not endanger humans or other animals.” Two bills that would have required research on the usage of lethal pesticides for feral hog control before approval were brought before the Texas Legislature this session but died in the committee process. It remains to be seen if Scimetrics will re-register its product for usage in Texas at a later date.

CERVID INDUSTRY LEADERS MEET FOR CWD SUMMIT From American Cervid Alliance — Ten national cervid leaders convened in Denver for a CWD retreat on April 19, 2017. This was not a symposium like the recent ones in Texas and Saskatchewan but a brainstorming session among several national leaders representing CWD susceptible species from the United States and Canada. The purpose of the retreat was to define the industry’s position on the perceived future of CWD policy and work toward that goal together. Industry leaders agreed if all the national and state/provincial associations were asked for their perceived goal for CWD policy, there would most likely be over a dozen different answers. This is a problem if the industry wants meaningful reform. The cervid industry spends a great deal of time and money on CWD policy and research. As far as regulations, the industry needs to consider what they want CWD policy to look like now, next year and in five to ten years from now. The industry needs to agree on a targeted destination. Otherwise, industry associations are going in different directions with conflicting messages to legislators and policy makers. Thus, less success. It is important American and Canadian cervid industries have similar goals for CWD policy. Otherwise, CFIA (Canadian Food Inspection Agency) and USDA APHIS use the other agency’s rules to prevent reform. Furthermore, the different CWD species have their own nuances with policy too. Ante-Mortem testing brings a whole other realm of questions. The recent work in Texas on ante-mortem testing in the last two years is historic. Representatives at the retreat covered all CWD susceptible species in both nations. All regions of the continent were represented. The meeting agenda focused on global policy on the USDA federal CWD rule and program standards, responses to CWD discovery, and research. To yield true industry sentiment, the brainstorming session was closed to only industry representatives without the government intervention. After industry produced an outline of goals, Dr. Keith Roehr, who serves as the State Veterinarian of Colorado, and his assistant Mr. Wayne East, joined the group to review the ideas and offer valuable input as a regulatory official with years of experience in a CWD state with an active cervid industry. The participants of the meeting are as follows: Whitetail Deer: Glen Dice - Pennsylvania Deer Farmers Association Shawn Schafer - North American Deer Farmers Association Laurie Seale - Whitetails of Wisconsin Patrick Tarlton - Texas Deer Association Skip West - North American Deer Farmers Association Exotic Deer: Charly Seale - Exotic Wildlife Association Elk: Andy Azcarraga - North American Elk Breeders Association Travis Lowe - North American Elk Breeders Association Eric Mohlman - North American Elk Breeders Association Ian Thorleifson - North American Elk Breeders Association

TRACKS JULY/AUGUST 2017

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TRACKS JULY/AUGUST 2017

INDUSTRY NEWS

NUTRIENT REQUIREMENTS OF WHITE-TAILED DEER BY ROBERT FEARS

Deer browse for one to two hours and then find cover in which to chew their cud. Photo by Robert Fears.

n abundant supply of nutritious browse, forbs and mast is a most important component of good whitetailed deer habitat. Browse refers to leaves and young, tender stems of woody plants; forbs are broad-leaf herbaceous plants, often called weeds. Mast is divided into two different types, soft and hard. Soft mast is fruit and berries whereas hard mast is nuts and pods of woody plants. Pecans and acorns are examples of hard mast. Proper nutrition is required for animal growth, health, body condition, reproduction and antler size. A free-roaming deer’s diet should primarily come from native plants. Never substitute supplemental feed for habitat. Three different presentations on white-tailed deer nutrition were given by Mike Miller at the recent Texas Deer Study Group meeting in Llano. Miller is a technical Guidance Biologist with Texas Parks and Wildlife Department and is based at Stephenville. Information in this article is primarily taken from Miller’s presentations. In order to properly provide required nutrition to deer, one must understand how they eat, functions of their digestive system, and nutrient requirements. HOW DEER EAT Deer are selective eaters, structuring their diet to meet their nutritional needs. The animals are also picky in taste and will select only materials they like. Their narrow mouths allow them to reach through plant foliage to snatch young leaves or stems which are more palatable and digestible than older growth. Like all ruminants, deer have teeth only on the bottom of their mouth with a hard pad or palate on top. The animal grabs a small bite of plant material with its long tongue, pulls it into her mouth and cuts it between the front incisor teeth and upper palate. Molars, larger than the incisor teeth, are located in the back of the mouth and are used to grind food through the process of chewing its cud. A deer fills its small rumen and then hunts cover in which to lie down and chew its cud. Daily dry matter intake is about two to three percent of a deer’s body weight and four to eight percent wet forage. For instance, a 125-pound deer will eat

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approximately five pounds daily at four percent wet forage. In good habitat, a deer can fill its stomach in about one or two hours. Prior to the field portion of the Texas Deer Study Group meeting, Miller and an assistant spent two hours clipping browse in a similar manner to the way a deer eats. They obtained only about 2.5 pounds of leaves and stems during the two-hour period which is half of the daily intake of wet forage by a 125-pound deer. How does a deer consume twice that amount within the same period with its small bites? Deer tend to compensate for bite size with bite rate. Bite rate, however, is influenced by distance between desired forage, which makes plant density important. Another influencer of bite rate is the time required to find desirable forage among undesirable plants such as forbs among grass. A DEER’S DIGESTIVE SYSTEM Like other ruminants such as cattle, sheep and goats, a deer has a four-compartment stomach. The first and largest compartment is the rumen which is used primarily for storage. The rumen allows an animal to gather its daily intake within a short period, store it after minimal chewing, and then digest the food at a later time. This action reduces vulnerability to predators because of shorter times in the open. Under cover, deer bring the food back into their mouth and chew it again. This is called “chewing the cud” or rumination. The reticulum is the second compartment and contains rumen microorganisms composed of bacteria and protozoa. Microorganisms, also referred to as microflora, convert cellulose in the chewed food into energy and protein. Rumen microflora metabolize protein into amino acids on which they feed. The animal then absorbs some of the microflora as a protein source. When a deer regurgitates, and chews its cud a second time, microflora are mixed with the partially chewed plant material. Much of the deer’s nutrition is obtained by its absorption of microflora. When the cud is swallowed the second time, it goes into a third stomach compartment called the omasum. In this chamber, water is absorbed and mixed with the food.

Abomasum—A deer’s digestive tract showing the four compartments of the stomach. Drawing by Arlene Barrett, et.al., Sam Houston State University

The resulting cud moves into the fourth and last chamber, called the abomasum. Here the food is mixed with gastric juices that help digest the food. Digested food then moves into the intestines where nutrients are absorbed into the animal’s body. Unusable material is passed out of the body as waste. NUTRIENT REQUIREMENTS Nutrient requirements of deer are energy, protein, vitamins, macro-minerals, micro-minerals and water. The general definition of energy is the ability to do work; however, a significant amount of energy is used by a resting deer for body functions. Energy is expended by body organs in functions such as circulation, respiration, nerve impulses, waste removal and cell maintenance. When a deer is active, energy is used for walking, running and bounding. Energy is also used to keep the animal warm during cold weather. The deer derives its energy from digestion of plant carbohydrates. Protein is necessary for body maintenance, growth, reproduction, lactation and antler development. The building blocks of proteins are amino acids which contain nitrogen. Amino acids are either absorbed from the deer’s diet or manufactured by microbes in the digestive tract. The deer manufactures some amino acids, but others are supplied by the diet. The latter acids are referred to as essential amino acids. Vitamins are organic molecules required in small amounts for metabolism. Deficiencies can have negative impacts on deer health and performance. Deer generally synthesize sufficient vitamin D through exposure to ultraviolet rays from the sun. Adequate vitamin K is synthesized by microbes in the digestive tract and vitamins A and E are usually obtained in sufficient quantities from green forage. The only time a deer may experience deficiencies in these vitamins is during extended periods of poor plant growth as in prolonged drought or winter. Minerals constitute about five percent of a deer’s body and are considered either macro- or microminerals depending upon the required amounts. Two macrominerals, calcium and phosphorus, are used for bone and antler growth, milk production, metabolism and reproduction. A deer can store these minerals in its skeleton until they are needed. When needed, the deer experiences a form of osteoporosis which is a removal of minerals from the skeletal system. The removed minerals are replaced by nutrients obtained from the diet. These processes occur on an annual basis. Sodium is another mineral required by deer. They seek sodium during spring and summer, often from natural sources found in the soil, such as a salt lick. Micronutrients required by deer include iodine, copper, zinc and selenium. There are 14 different elements used by deer. In addition to the previously mentioned minerals, other elements that play an

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important role in a deer’s body functions are carbon, oxygen, nitrogen and hydrogen. Water is an essential nutrient for deer and their daily needs are thought to be about three to six quarts. They continually lose water through excretion of wastes and evaporation from the respiratory tract and skin. Their requirements are partially met by moisture within consumed vegetation; however, they still need a surface water source. Good deer habitat contains a diversity of plants that provide year-round nutrient requirements. Deer nutritional requirements change with the seasons of the year because their physiological activities vary by season. During the winter, deer do not need large amounts of protein, but in the spring requirements increase for both males and females. For adult females, protein requirements increase due to pregnancy, particularly in the last trimester. The greatest protein demand is caused by lactation, since white-tailed deer milk averages 8.2 percent protein. Females with twins have an even greater protein requirement. Antler growth requires the most protein in adult males. Hardened antlers of a white-tailed deer are about 45 percent protein. If protein availability is low during spring and summer, body growth and maintenance take precedent over antler growth. A diet of 16 percent protein is generally optimal for good antler development. Deer receive energy from carbohydrates in forage. They seek foods with high levels of carbohydrates in the fall and store them in their bodies as fat reserves to use during breeding season and periods of winter stress. Fawns require a highenergy diet during winter because they normally have low

An adequate supply of protein will be needed for this young deer to meet its optimum growth potential. Photo by Robert Fears.

body reserves and social status, making them vulnerable to severe winter weather. Female white-tailed deer have high energy requirements during summer, when they are about to give birth or have given birth and are lactating. About 20 percent of total energy required to produce a fawn is used during pregnancy and the remaining 80 percent is used for lactating. Peak milk production usually occurs between 10 and 37 days following birth. In the next issue of TRACKS, we will discuss ways to meet a deer’s nutrient requirements through habitat management. Robert Fears completed a BS degree in agricultural science from Sam Houston, a MS degree in range management from Utah State and a 33year career in product development with Dow AgroSciences. He may be reached at iwriteag@gmail.com

TRACKS JULY/AUGUST 2017

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INDUSTRY NEWS

THE DEER CASE: HOW ONE LAWSUIT MAY CHANGE THE FACE OF OUR INDUSTRY IN TEXAS Since the inception of laws allowing the management of game, the question has always been raised about the true “ownership” of deer. Do they really belong to the state if the deer reside on private land? If they are “the people’s deer” (as they are often referred to by environmental extremists) why is it a crime to shoot deer on private property without the landowner’s permission? It has been TDA’s position since the founding of our organization, that it is unjust and a violation of private property rights for the state to continue to claim ownership of animals that We The People lawfully care for under prevailing legal statutes. The deer cared for and controlled by the deer breeders of Texas were born and raised on private facilities, and have been tested, fed, cared for, and managed all at the expense of the breeder. Considerable financial investment has gone into these animal husbandry efforts, while the “owner” has invested nothing. Too long have we borne the financial, regulatory and emotional burden of caring for animals that are not seen or treated as ours. We are on the front lines against the battle against CWD, spending more on testing and research by a tremendous margin than the state agency that is our regulatory authority. The existing lawsuit in District Court seeks to rectify one clear question - who owns these deer standing in our pens on our private property? It is the belief of our Association and of the plaintiffs in this lawsuit that the deer under our permits are our private property. Currently, there is a lawsuit filed that will likely determine the answer to the question of ownership once and for all. While not a party or plaintiff to this lawsuit, TDA has monitored the proceedings throughout the duration of this case. To date, many motions have been filed by both the defendants (the State of Texas) and the plaintiffs (Mr. Bradley Peterson and Mr. Ken Bailey). The most prominent issues currently being considered in District Court include: • • • •

Ownership of Deer; Open Meetings Act Violations; Due Process Implications; and Jurisdiction of TPWD to Implement Emergency CWD Rules BACKGROUND:

What has become known simply as “the deer case” was filed on October 1, 2015. From the beginning, the attorneys handling the case have indicated that they had to fight more than in any case they had ever seen, just to accomplish what should have been routine. From the beginning, the Texas Parks & Wildlife Department (TPWD) and the Office of the Attorney General engaged in delay tactics that drove up costs. History of Dilatory Tactics: For the first year, the TPWD fought all discovery requests, fought scheduling requests, and even fought agreeing to a trial date. Our attorneys had to ask the Court to order TPWD to comply with basic discovery requests. Finally, after the Court ordered it, the TPWD finally started producing documents. But they did so by flooding the deer breeders’ attorneys with tens of thousands of duplicative documents provided in no logical order -- again, to increase costs and cause delay. Despite that fact, the deer breeders’ attorneys and their team have found documents that suggest that deer breeders were in fact improperly targeted. From the start of the case, the TPWD has have tried to avoid a decision on the merits, changing the CWD rules and creating a moving target. TPWD also filed multiple “special exceptions” and “pleas to the jurisdiction” designed to delay the case. Those tactics drove up costs and could have sidelined the case with an interim appeal. The deer breeders’ attorneys have been successful to date in preventing the case from being sidelined with an interim appeal on jurisdiction. The list of formal filings in the case, documents such as pleadings, briefs, letters, motions, pleas, and responses, apparently exceeds 74 documents. Over 60 formal discovery requests and responses have been exchanged between the parties. There have been hearings on discovery, on scheduling, and on TPWD’s special exceptions. The TPWD even filed a motion and set a hearing to ask the new Judge to reconsider

the previous Judge’s order denying TPWD’s special exceptions. The Judge declined to set aside the order. The deer breeders’ attorneys have taken the depositions of Mitch Lockwood and Clayton Wolf, pinning down important details about the Defendants’ reasoning and basis (or lack thereof) for the extensive testing imposed on deer breeders as a condition of being movement qualified. The case is set for trial the week of June 26, 2017. Although they anticipate more delay tactics, the deer case attorneys plan to fight to keep that setting. SIGNIFICANCE OF THE ISSUES Why should you care about this case? This case is about the ownership of captive-bred deer and about the due process rights of deer breeders, the people who own those deer. The TPWD’s regulation of chronic wasting disease (CWD) in white-tail deer is only the catalyst for the case. The TPWD argues that deer breeders have no constitutionally protected right to engage in deer breeding, no constitutionally protected interest in their state-issued deer breeding permits, and no constitutionally protected right in their deer as property or otherwise. The deer breeders reply that those assumptions are wrong and that rules that rest on those assumptions are invalid. The deer breeders contend that the TPWD cannot just ignore decades of Texas common-law with respect to the ownership of deer. Deer breeders own the deer under their dominion and control and the TPWD’s CWD rules (1) exceed TPWD’s authority under the applicable statues, (2) deny deer breeders procedural due process by effectively declaring all captive-bred deer unhealthy without any fact-finding, notice or hearing (3) deny deer breeders substantive due process because the rules impose a transport ban based on the presumption that captivebred deer are unhealthy until the deer breeders prove otherwise with an unreasonable level of testing. In layman’s terms, if you do not have ownership of your deer or due process rights in your license, the TPWD will argue that it can do whatever it wants, including coming on your property without warrants and ordering the death of entire deer herds, without any limits. CONCLUSION The case needs your continued support. It has been represented that the cost to finish the case through trial will be approximately $125,000. If you or any other interested party would like to contribute, utilize the information below for remitting payment: Check Payable to: RIGGS & RAY IOLTA REFERENCE: TPWD CASE Mailing Address: Jennifer S. Riggs RIGGS & RAY, P.C. 506 West 14th Street, Suite A Austin, Texas 78701 Thanks you for your constant support of the Texas Deer Industry and our right to own the very animals we care for!

DEER AND ELK ASSOCIATIONS UNITE TO PETITION USDA SECRETARY SONNY PERDUE American Cervid Alliance—A new sheriff is in town for the United States Department of Agriculture. Sonny Perdue, a former Governor of Georgia, has been confirmed by the U.S. Senate as the new head of USDA. Perdue was President Donald Trump’s pick to succeed Tom Vilsack, who led the USDA for the previous eight years. The cervid industry sees the change as an opportunity to bring a more efficient rule making process for the agency. Earlier this month, 25 state and national cervid associations signed a joint letter to Secretary Perdue to ask for his help to bring much needed reform to the entire rule making process and also asked for relief from over-regulation of the cervid industry. The Secretary’s office has already responded to the American Cervid Alliance and stated reform is underway. http://files.constantcontact.com/11aec77b001/96fd3337-bc71-49be99f7-1e78a1feb2ce.pdf

TRACKS JULY/AUGUST 2017

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r e e s d u m s a m x i e t t Is Back! JULY 29-30, 2017 ALSO CELEBRATING THE TEXAS DEER ASSOCIATION

BIRTHDAY

Featuring A LIVE AUCTION, PEN TOURS & INDUSTRY DISCUSSIONS 84

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THANK YOU TO OUR 2017 PAC SUSTAINING MEMBERS BEN DOSKOCIL CRAIG WILSON DR JAMES KROLL ERNEST RAMON GILBERT ADAMS JEFF JONES KEVIN MILLER MARTY BERRY MIKE & LORI FORD SCOTT W. BUGAI, DVM TOM MALOUF ZAC KENNEDY WWW.TEXASDEERASSOCIATION.COM

FROM THE CAPITOL

MR. BAILES GOES TO AUSTIN How a Deer Industry Partner Headed to the Capitol to Make a Difference for Rural Texas BY TDA STAFF Rep. Ernest Bailes served on the House Land & Resource Management Committee, the Economics & Small Business Development Committee, and the Rules & Resolutions Committee during the 85th Legislative Session. Photo courtesy of Rep. Ernest Bailes

rnest Bailes is a reproductive service provider for the whitetailed deer industry. He is the owner of Repro Select, an advanced reproductive services firm for cattle and white-tailed deer producers across the south central United States. Now in his 13th year of business, he has built his practice up to 1000 active clients. Once his clientele spanned five states and into Mexico, but lately his new “part-time” job has him a little bit too busy to travel that far. In 2016, Bailes was elected to represent the 18th District in the Texas House of Representatives. His district includes three counties: Liberty, San Jacinto and Walker. Growing up in Shepard, Texas, Bailes had no political background or family legacy of state leadership. He simply saw a need and wanted to serve. His first “run-in” with government came in 2012, when he was sued by the state of Texas for the procedures he was doing on white-tailed deer. It was a classic case of state law not keeping up-to-date with a rapidly innovating industry: his work with laparoscopic insemination wasn’t clarified in statute and thus came under scrutiny. All was eventually settled out of court, as Bailes reached an agreement to continue his work under veterinarian supervision. His said his business doubled the next year, and he hasn’t looked back since. The lessons learned, though, stayed with him. Bailes describes the advice one client gave him during those difficult months: “You’re either sitting at the table, or you’re what’s for dinner.” Certainly he had witnessed how this adage played out between the predominately urbanite way of thinking that often prevails in Austin and the challenges that agricultural industries face every day. In 2009, he was invited by the Texas Farm Bureau to come to

the Capitol and assist in the development and passage of various water and private property legislation. He recalls that it was a good lesson in the way the legislative process functioned, but also an awakening to the realities of geographic politics: “By being up there in that capacity, I realized that though the legislators may mean well, there is a tremendous disconnect. They certainly need help understanding the bigger picture of the rural lifestyle.” In his freshman session, Bailes set out to do just that. Serving on the House Land & Resource Management Committee, he had the opportunity to work on a number of annexation and imminent domain issues—both critically important topics to both urban and rural areas. “It is important to never lose sight of how important private property rights are while at the same time remaining businessminded,” he said. Bailes was also placed on the Economics & Small Business Development Committee and the Rules & Resolutions Committee. He followed the “keep your head down” advice he had received from many veteran legislators and busied himself with legislation that would help the residents of his district, including a bill relating to open enrollment charter schools, rewriting a statute for the Texas Forest Service, measures that included Municipal Utility Districts, school bus funding for rural areas, and improving the school rating system. In total, he authored 14 bills in the regular session—10 of which actually got to the Governor’s desk. Of course, Bailes was actively involved in the four bills filed for the Texas Deer Association. The legislation ranged from microchip identification to improving the Trap, Transport, & Transplant permitting system; condemning the illegal use of drugs in captive

“It is important to never lose sight of how important private property rights are while at the same time remaining business-minded”

86 | FROM THE CAPITOL

TRACKS JULY/AUGUST 2017

deer; and the issuance of deer management permits for mule deer. “I went from member to member, having many conversations with those serving on the committee. I was there to help answer questions—it was a topic that the members knew so little about. It was important to debunk the misinformation they were given by the state agencies and other organizations who didn’t want the legislation to move forward. I was better able to have a productive conversation with my fellow representatives and senators because I was a resource. They sought my guidance on these issues,” said Bailes. Asked about what surprised him the most about his first term under the Pink Dome, he recalled it was the scope of how important relationships are in getting legislation passed. “There are obviously a lot of politics at play; the process is much more complicated than it seems. Disagreements often break down by party but equally as much by the type of district—whether rural or urban.” Bailes’ district was more than three hours away from his home and family, making his service a sacrifice… not just by his business but by his wife and two boys, as well. “I have an eight-year-old and a ten-year-old boy, and I only made one baseball game apiece this season. Does that tell you something?” His obligations in Austin and around the district are what he cited as the hardest part of the job. Would he change it? Not likely. Bailes developed a reputation among his colleagues for being fair and respectful. He stayed true to the advice he was given to “listen first” and “to agree to disagree” when needed. “It is so important to respect the body and respect the process,” said Bailes. “And always keep in mind that you elected to represent all people of your district. All too often it happens where members are elected, and once they are there they push their own ideology rather than taking the time to listen to the constituents and hear what’s important to them.” Thought the regular session has drawn to a close, July will bring the opening of a special session called by the governor to address a number of specific issues. Bailes and his colleagues will cut short their summer vacations and head back to Austin. “We need to continue to be mindful of the bigger picture,” he said. “There will always be compromise to get us what we need.”

If everyone in the Capitol had that kind of positive attitude, it seems it would be a lot easier for them to work together and sort out their differences for the good of Texans. We are thankful for good folks like Earnest Bailes who represent rural Texas so effectively. They are truly leading the way for a better tomorrow in our great state.

A page from Rep. Bailes legislative newsletter. Here, he is pictured with his wife Courtney and his sons, Cinco and Rigby. Photo courtesy of Rep. Ernest Bailes

Bailes was one of the House members to address the delegation from the Texas Deer Association who traveled to Austin for Deer Day at the Capitol in March of this year. TDA staff photo

WWW.TEXASDEERASSOCIATION.COM

What is the TDA PAC? TDA leads the way as the largest deer industry organization in Texas dedicated to protecting the rights of both the landowner and the hunter. And, with the help of your donations, the TDA Political Action Committee (PAC) works to protect, improve and promote that industry. To have a voice in Austin, we must support legislators who understand our issues and hear our concerns. Their knowledge is our biggest asset. Opponents to our industry want to impose their own agenda on Texas landowners and deer enthusiasts, creating unnecessary government regulations costing our deer industry millions of dollars each year. Your PAC donations enable the TDA to Working together, we can ensure the future of the deer industry in our great state for generations to come.

PLEASE DONATE TODAY! texasdeerassociation.com 88

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PARTING SHOT

A Few of our Favorite #FawnWatch 2017 Pics!

onâ&#x20AC;&#x2122;t miss your chance to submit photos for the #FawnWatch Photo Competition, now through August 1! We will be posting photos regularly on our Facebook page, and the top 10 photos with the most likes will be entered into our #FawnWatch FINALS at the TDA 19th Annual Convention. The top 10 photos will then be voted on at the convention and the photo that collects the top amount of votes at the event will be announced as our 2017 #FawnWatch Winner! Send in your submissions today, and good luck!

Photo courtesy of @Jared Sharp

Photo courtesy of @Laura Blackburn DeSpain

Photo courtesy of @Aubrey Thompson Photo courtesy of @Ashlee Adams

Photo courtesy of @lacyyy_dickey

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Photo courtesy of @Aaron Schulte

Photo courtesy of @Mia Bonin

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EVENT CALENDAR JULY 29 Lonehollow Texas Deer Summit Lonehollow Whitetails Mountain Home, TX

23-24 Texas Parks & Wildlife Commission Meeting TPWD Headquarters 4200 Smith School Road Austin, TX

NOVEMBER 1-2 Texas Parks & Wildlife Commission Meeting TPWD Headquarters 4200 Smith School Road Austin, TX

AUGUST

SEPTEMBER

10-12

19th Annual Texas Deer Association Convention

2nd Annual TDA Dove Hunt at G5 Ranch

24-25

JW Marriott Hill Country Resort & Spa 23808 Resort Parkway, San Antonio, TX 78261

G5 Ranch, Pearsall TX

Texas Parks & Wildlife Commission Meeting

OCTOBER

26 Empire Ranch Open House 12:00pm to 8:00pm Mc Mullen County

JANUARY

TPWD Headquarters 4200 Smith School Road Austin, TX

17-18 USAHA Annual Conference Town & Country Hotel San Diego, CA

Ideal hunting, campground, resort, residence & more

M N EN VE AV HA LH AIIL TA ET TE HIIT WH PW OP TO NT AIIN TA NT UN MO OU ● Beautiful 5 BR manor lodge ● Hi fencing on 300+-acres ● Trail network & elevated blinds ● Recreational equipment ● 2 & 3-Bay equipment buildings

WWW.TEXASDEERASSOCIATION.COM

● Naturally bred deer & doe ● Spring-fed lake & pond ● Pavilions & BBQ station ● Maintenance equipment ● Lake cabin & more

WWW.TEXASDEERASSOCIATION.COM

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PHONE: 210-419-4442 INFO@G2RANCH.COM WWW.G2RANCH.COM WWW.FACEBOOK.COM/G2RANCH

CROWN A225 (TRIPLE CROWN / EXPRESS / A225) DNA# 178193

SOMBRERO (TRIPLE CROWN / GLADIATOR / A225) DNA# 178209

Semen now available. Ask about bred does and fawns. WWW.TEXASDEERASSOCIATION.COM

OVERNIGHT EXBO (OVERNIGHT EXPRESS / MAXBO / BAMBI LONGHORN) DNA# 177620

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WWW.TEXASDEERASSOCIATION.COM

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WWW.TEXASDEERASSOCIATION.COM

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WWW.TEXASDEERASSOCIATION.COM

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Contact: Cody Campbell for a free deer facility assessment www.G2Ranch.com Phone 210-419-4442 by

facebook.com/G2Ranch G2RanchTX@gmail.com

G2 RANCH

Introducing our latest product to assist breeding farmers with care for their herds. The Deer Cave is a simple, weatherresistant shelter for game to protect against the sun and weather elements. When deer bed down, they leave a distinct area of flattened vegetation that is 2-3 feet wide and 3 or 4 feet long. Deer often travel in herds, so it is common to find several such bed spots in the same general location. The Deer Cave is great for covering those bed spots throughout your property and keeping your deer protected from the weather elements. Models Available: 8' Wide X 4' High X 8' Long ........ $850 8' Wide X 4' High X 8' Long With Legs ..................................... $950 10' Wide X 5' High X 8' Long ... $1,100 10' Wide X 5' High X 8' Long With Legs .................................. $1,200 For more information on the many Deer Cave products contact Cody Campbell at cody@g2ranch.com.

G2Ranch.com G2RanchTX@gmail.com WWW.TEXASDEERASSOCIATION.COM 210-419-4442

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WWW.TEXASDEERASSOCIATION.COM

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KDH Whitetail Nursery

CLASSIFIEDS

WWW.TEXASDEERASSOCIATION.COM

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AD INDEX

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3-S..................................................................94

High Roller Whitetails............................27

Purina.................................................................1

4M Whitetails.............................................52

High Wide & Heavy Whitetails..........26

Record Rack..............................................20

All Season Feeders.................................95

Hoffpauir Group.........................................17

Red Stag Ranch........................................45

Big Rack Ranch.........................................57

Hurley Auctions........................................93

Revels Racks...............................................75

Bison Coolers.............................................56

Indian Mountain Ranch............................8

Rockstar Whitetails......IFC, BC, IBC,

Blue Creek Whitetails............................44

J4 Fencing...................................................73

CS, CF

Capital Farm Credit.................................22

KDH Whitetail Nursery.........................107

Rocky Ridge Whitetails..........................91

Charquitas Creek Ranch.......................96

Limitless Genetics...................................90

RR Ranch................................................40,41

Classic Canyon........................................104

Lonehollow Whitetails.....................34,35

SASCO...........................................................99

Cross Canyon Whitetails.........................9

Lyssy & Eckel Feeds................................53

Sexy Whitetails............................................11

Deep River / Lodge Creek.........103,106

Massey Hollow Ranch.......................60,61

Stockerbuck.com.....................................77

Derby~Sand~Ranch...................................15

Mossy Rock Whitetails............................13

Summit Whitetails...................................97

Easley Does It..........................................108

MVP Whitetails...........................................16

Tajada Whitetails.........................39,68,98

Empire Ranch......................................25,33

NADR..........................................................100

Texas Hunter Products..........................65

Flying 5B....................................................102

Outback Wildlife Feeders....................78

Trophy Ridge Whitetails.......................49

Gist-Kinsman Ranch................................21

Paco Deer Co.............................................74

Wilks Ranch..................................................10

G2..........................................................101,.105

Pinnacle Whitetail..................................107

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