HB 716, allowing sale of seats on helicopter hunts for feral hogs and coyotes

HOUSE RESEARCH ORGANIZATION bill analysis 3/30/2011 HB 716
S. Miller, Christian, Deshotel
(CSHB 716 by Deshotel)

SUBJECT:
Allowing sale of seats on helicopter hunts for feral hogs and coyotes
COMMITTEE:
Culture, Recreation, and Tourism — committee substitute recommended
VOTE:
7 ayes — Guillen, Elkins, Deshotel, T. King, Kuempel, Larson, Price
0 nays
2 absent — Dukes, T. Smith
WITNESSES:
For — (Registered, but did not testify: Marida Favia del Core Borromeo, Exotic Wildlife Association; Seth Terry, Texas Farm Bureau)
Against — Patt Nordyke, Texas Federation of Animal Care Societies); (Registered, but did not testify: Nicole Paquette, The Humane Society of the United States)
On — Scott Vaca, Texas Parks & Wildlife Department, Law Enforcement
BACKGROUND:
Under Parks and Wildlife Code, sec. 62.003, no person may hunt any wild bird or wild animal other than an alligator, frog, or turtle from any type of aircraft or airborne device, motor vehicle, powerboat, or sailboat, or from any other floating device, except for animals and birds not classified as migratory that are hunted within the boundaries of private property or upon private water.
Under current law, an aerial hunting company may obtain a permit from the Texas Parks and Wildlife Department (TPWD) to use an aircraft to manage wildlife or exotic animals. The permit to aerial hunt is specific to nuisance animals such as feral hogs, bobcats, coyotes, and exotics and can only be used for management purposes, not for sport. The fee for this type of permit is $210 per year. In turn, the aerial hunting company contracts with landowners, who file an authorization to manage exotic animals by aircraft with TPWD.
This permit is allowed under federal law, which provides that no person may hunt or harass any animal or bird from an aircraft unless they have a state permit. In addition, a landowner authorization must be signed by the landowner and the aerial permittee, and the aerial permittee must report
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the management activity to the United States Fish and Wildlife Department annually.
DIGEST:
CSHB 716 would prohibit the Texas Parks and Wildlife Commission from adopting a proclamation or regulation that would ban a landowner from acting as a contractor or participating as a hunter or observer in a helicopter hunt for depredating feral hogs or coyotes.
The bill also would require the commission to amend its rules to comply with the legislation as soon as practical after CSHB 716 took effect on September 1, 2011.
SUPPORTERS
SAY:
CSHB 716 would allow a landowner to sell seats on a helicopter hunt for feral hogs or coyotes. Currently, a landowner can pay a company to hunt the hogs, but this can be costly for the landowner. The bill would allow landowners to defray the costs of controlling these nuisance animals and to help address the feral hog problem during a state budget crisis, when TPWD might be forced to limit its operations.
It is estimated that 1.5 million feral hogs are in Texas. Feral hogs are a prolific species that may have two litters per year, with up to 12 piglets in a litter. The problem of feral hogs has spread from rural areas to the suburbs and highways. Feral hogs devastate agriculture by trampling crops, tearing down fences, spreading diseases to livestock, and eating seeds and livestock feed. Direct damage from feral hogs has been estimated at $400 million annually. Sympathy for feral hogs is misplaced, because they are omnivores that prey on lambs, kid goats, newborn fawns, ground nesting birds, and endangered sea turtles.
The bill would pose no safety concerns because numerous state and federal regulations govern the safe operation of all aircraft and TPWD regulations ensure the proper conduct of aerial hunts. The helicopter companies and their pilots have additional financial and personal safety incentives to screen those selected to be gunners on a hunt. Interested participants must be able to demonstrate that they have the expertise to handle weaponry properly. Those posing any danger to the pilot or the helicopter would be grounded promptly.
According to the Texas Department of Agriculture, more than 75 percent of the state has suitable terrain and vegetative cover for aerial gunning operations. Aerial hunting remains the most effective method to control
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populations of feral hogs and coyotes, which move quickly and cannot be trapped easily. While TPWD is working on a promising program to poison feral hogs, budget limitations could stall that effort.
Concerns about the rotting carcasses of feral hogs killed by aerial hunts are unfounded. While efforts to remove the carcasses can be made, it remains best practice to leave feral hogs where they fall. Diseases from wild hogs do not pose a significant threat to humans, even though their maladies can be passed easily to livestock and wildlife.
TPWD helped revise CSHB 716 to ensure that the change would not legalize ―sport hunting‖ and would meet the United States Fish and Wildlife Department standards. In addition, lawmakers could amend the bill to repeal the sections of the Texas Administrative Code that punish anyone ―who pays, barters, or exchanges anything of value to participate as a gunner or observer‖ and prohibit the use of an aerial hunt permit for sport hunting. Any ambiguity could be addressed further in the rulemaking process by the Parks and Wildlife Commission. The commission is well aware of the need for effective control of nuisance species.
OPPONENTS
SAY:
Shooting guns from helicopters to hunt feral hogs would pose serious safety risks. Low-flying helicopters can encounter wind shears, power lines, trees, or other land formations while pursuing feral hogs, leading to possible air crashes. Pursuit with low-flying aircraft is inherently cruel and could lead to misplaced shots, wounded animals, and animals left to suffer and die under unacceptable conditions. A moving helicopter provides an unstable aiming platform. Since it is difficult to aim precisely and kill a running feral hog, the rate of wounded and crippled animals is likely to be significant, and wounded animals could cause even more damage. Furthermore, feral hogs tend to occupy low-lying areas and depressions where brush is dense, presenting a difficult target for aerial shooting.
Aside from the safety risks, hunting feral hogs from a helicopter would be a nuisance to nearby residential areas due to the noise from helicopters and gunfire. The practice also could raise issues with carcass removal. Some hogs weigh hundreds of pounds, making it difficult to dispose properly of the carcass. Since the meat cannot be used, the hunter does not have much incentive to retrieve the carcass. If the carcass is not handled properly, health and safety issues could arise, particularly if a carcass was left to decompose near a water source, causing contamination. Since the hunting typically occurs on private property, there are no clear regulations.
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Operating and maintaining a helicopter is expensive, so it is possible that this bill would not produce the financial bonanzas for landowners that many have predicted. Nonetheless, hunting from helicopters is an inhumane solution to the problem of feral hogs. Killing even feral hogs or coyotes from a helicopter should not be considered a sport, and selling seats on the craft would further blur the distinction between sport and slaughter.
OTHER
OPPONENTS
SAY:
As drafted, CSHB 716 would walk a very narrow line between predator management and sport hunting and may not meet the U.S. Fish and Wildlife standards. In addition, the bill would not address the sections of the Texas Administrative Code that restrict sport hunting.
The provision allowing the sale of seats to hunt coyotes should be removed. State law already allows these animals to be hunted from the air, but there is no evidence that coyotes create the same level of destruction to crops and land as do feral hogs.
NOTES:
The author is expected to offer a floor amendment that would amend the Texas Administrative Code provisions prohibiting the exchange of money or other valuable items to be a gunner or observer and to use an aerial permit for sports hunting.
The committee substitute differs from the original version of the bill by allowing landowners to contract with hunters to hunt coyotes as well as feral hogs from helicopters.
During the 2009 regular session, the House by 125-12 passed HB 836 by S. Miller, which would have allowed those with a proper permit to participate in helicopter hunts for feral hogs. The bill died in the Senate Natural Resources Committee after being re-referred from the Senate Agriculture and Rural Affairs Committee.

HB 1451 referred to Licensing and Administrative Procedures

HB 1451
Relating to the licensing and regulation of commercial dog and cat breeders; providing penalties.
http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=82R&Bill=HB1451

HB 716 heard 3/2/11, left pending in committee

82R4968 SLB-D

By: Miller of Erath H.B. No. 716


A BILL TO BE ENTITLED
AN ACT
relating to the taking of certain feral hogs using a helicopter.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.109, Parks and Wildlife Code, is
amended by adding Subsection (c) to read as follows:
(c) A proclamation or regulation of the commission adopted
under this subchapter may not prohibit a person or the person's
agent or lessee who holds a landowner's authorization and a permit
under this subchapter from using a helicopter to take depredating
feral hogs.
SECTION 2. As soon as practicable after the effective date
of this Act, the Parks and Wildlife Commission shall amend rules as
necessary to comply with Section 43.109(c), Parks and Wildlife
Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2011.

Council Member Laura Morrison to speak at March 4th Animal Issues Forum

City Council Member Laura Morrison, who was instrumental in the passage of the No Kill Implementation Plan on March 11, 2010, will be speaking at the March 4th Animal Issues Forum that will take place at City Hall in the Council Chambers. The forum will go from 11:45 am - 1:15 pm and the agenda is as follows;

11:45 - 12:15 Filip Gecic, Interim Director - update on No Kill Implementation Plan
12:15 - 12:45 Council Member Laura Morrison
12:45 - 1:15 To be determined

Filip Gecic will pass out copies of the updated No Kill Implementation Plan. To ensure you get a copy, please email me at patvt5@gmail.com

There is free parking in the underground garage below City Hall. Please bring your parking ticket inside to be validated.

Please forward this information to anyone who might be interested.

Pat Valls-Trelles

Statesman: Deer forum in Northwest Hills draws 125 residents

Deer forum in Northwest Hills draws 125 residents
Some wary of how city might reduce deer population
http://www.statesman.com/news/local/deer-forum-in-northwest-hills-draws-125-residents-1199551.html?cxtype=ynews_rss

Ricardo B. Brazziell/AMERICAN-STATESMAN
Published: 11:49 p.m. Thursday, Jan. 20, 2011

What was billed as an educational meeting Thursday night about a city ordinance prohibiting the intentional feeding of deer quickly turned into a fact-finding mission for some Northwest Hills residents about the possible harvesting of neighborhood deer.

But Shannon Jones, assistant director of the Austin/Travis County Health and Human Services Department, repeatedly said the city's main focus was to educate residents about the ordinance and enforce it.

"We have not made any decisions," Jones said in response to a woman's question about whether the city was considering trapping deer and harvesting them for meat. "We are still studying this," he said, adding the City Council will make a decision on what to do about the overpopulation of deer in the neighborhood.

Some among the 125 people at the meeting at Doss Elementary School said they didn't trust the city's handling of the deer issue.

"Even though (Jones) said it, we want to see it in writing," said Teresa Sansone Ferguson, one of the organizers of the new DeerAustin group that is opposed to deer harvesting.

In November, Plateau Land and Wildlife Management, a Dripping Springs consulting firm hired by the city for $7,500 to count deer in the 78731 ZIP code, told city officials that a population of 400 or more deer in the area was at a crisis level.

The firm suggested removing deer by trapping, transporting and processing the deer for meat or using sharpshooters.

Many residents say they love the deer and believe they contribute to the beauty of the neighborhood. Others are fed up with deer tearing up the gardens and landscaping.

What has become clear is that a February 2009 ordinance that makes feeding deer a Class C misdeameanor — punishable by a fine of no more than $125 — is not working. Enforcing the law has been problematic because staffers from the city's Rodent and Vector Control Department must witness people feeding deer. So far, only five people — three of them in the 78731 ZIP code — have been cited, and two of the cases were settled in mediation.

Paul Trulove, who lives on Rockledge Drive, complained Thursday night that a neighbor on his street is responsible for "building a herd" by putting out hundreds of pounds of corn every month. "He's moved his operation to the backyard and feeding at night. People are doing it where they're diffcult to catch," he said.

Jones urged residents to file complaints in Municipal Court when they see people feeding deer.

It was evident that groups like DeerAustin and the Northwest Austin Civic Association are at odds over the issue. The association is polling its 400 dues-paying members on the association's recommendation that the city "engage in a program to reduce the deer population by the most humane method possible." The association will present its vote to the city next month.

"We have no agenda," said Richard Anton, the association's president. "All we're doing is trying to find out what our members want to recommend to the city."

Robin Abbott of DeerAustin said she wants the city to include her group in the process. Jones assured her that any interested neighborhood group or association will be kept informed as the city continues to study the deer issue.

rgandara@statesman.com; 445-3632

Statesman: New era can begin at Austin's animal shelter

New era can begin at Austin's animal shelter
Statesman Editorial Board

Austin's new director of animal services, Abigail Smith, is the right person to advance the city's no-kill goal for its Town Lake Animal Center. Smith, hired by City Manager Marc Ott, starts the job March 15.

Austin's shelter is in transition as it shifts its focus from euthanizing stray cats and dogs as one of its methods to control the area's animal population to more humane measures such as adoption. Smith will oversee the operation of the city's planned $12 million animal center in East Austin, which is scheduled to open next year.

Though it will be more spacious, it will have no more capacity than the cramped, dark downtown shelter. That presents a formidable challenge, given the City Council's action last March to make Austin's shelter a no-kill facility. That designation means having 90 percent of the animals that come into the shelter leave alive, and the council set up a two-year timeline to reach that goal. We urge the council to maintain Town Lake as an adoption center once the new animal shelter opens.

Smith, who will earn a salary of $115,003 and oversee a $6 million budget, is highly regarded by animal welfare advocates nationally for her work as executive director of the Tompkins County SPCA in Ithaca, N.Y. That center has operated as a no-kill shelter for a decade. While there, she worked with nearby Cornell University to carry out a shelter medicine program, strengthened partnerships with animal rescue groups and secured funding for a special program for feral cats, Ott said.

She was one of five finalists who participated in interviews and a meet-and-greet forum in Austin; city staffers and community members also visited her in Ithaca.

Smith has shown herself to be a good communicator and solid fundraiser, skills that will serve her and this community well. To better manage the city and county pet population, she must talk to communities across income, ethnic and other lines. She will need the help of business leaders and community organizers in making policies to address the root causes of pet abandonment and the best way to reduce the city's and county's populations of stray animals. There has been a lack of clarity, vision and message from others who held the job in the past, and that has fostered a culture of stagnation at the center and in the community.

One issue that continues to come up in a sluggish economy is whether renters abandon their pets because they cannot afford pricey pet fees charged by apartments. So if there is a way to ease those fees or come up with other solutions, fewer pets might be abandoned. Smith should lead that discussion and seek remedies.

Another problem blamed on our ailing economy is Central Texas' booming stray cat population. If owners are dumping their cats on the streets because they no longer can afford to care for them, that, too, needs attention.

While we're on the topic, let's give kudos to the Spay Austin Coalition and other groups that are engaged in trapping, fixing and returning stray cats to the streets. They are making a difference, as are Austin Pets Alive, the Austin Humane Society, Emancipet and Animal Trustees of Austin, by working to control pet populations through humane ways, including aggressive adoption efforts and spay and neuter services.

We look forward to a new era at the animal shelter with Smith at the helm. But she can't do it alone, and we urge the community to work with her to move Austin into the growing ranks of no-kill cities across the country.

City announces selection of Abigail Smith as Austin's new animal shelter director

City Manager selects Abigail Smith as Chief Animal Services Officer

City Manager Marc Ott announced today, Jan. 14, the appointment of Abigail Smith, Executive Director of the Tompkins County SPCA in Ithaca, N.Y., as Austin’s new Chief Animal Services Officer.
She will begin her duties in Austin March 15.
Smith is recognized nationally for her work on animal welfare issues, presenting at numerous conferences. In August 2010, she spoke at the national No Kill Conference on the topic “90% Club: Sustaining No Kill in an Open Admissions Shelter.” The City of Austin has set the 90 percent live outcome goal.
“Abigail has a wealth of knowledge and experience to bring to Austin,” City Manager Ott said. “As a renowned expert in no-kill, she understands what Austin needs to do to reach its goal of becoming the first major metropolitan no-kill city. We are excited to have her join the City of Austin family and lead this very critical priority for our community.”
Smith served as Executive Director for the past four years at the Tompkins County SPCA which has operated as an open-admission, no-kill shelter for the past decade. While leading the agency, Smith focused on three major initiatives: animal control contracts, fundraising and spay/neuter programs.
Smith worked with Cornell University’s College of Veterinary Medicine Program to implement a comprehensive shelter medicine program; created and strengthened collaborative partnerships, including those with civic organizations and animal rescue groups; expanded humane education programs; and secured funding for the Trap Neuter Release Program for feral cats.
Before her position in Ithaca, Smith served as Director of Development/Marketing and Manager of the Volunteer Program for the New Hampshire SPCA from 2004-2007.
She is a current member of the Society of Animal Welfare Administrators, the National Animal Control Association, the New York Animal Protection Federation and the Ithaca Rotary Club. She’s earned a Bachelor of Arts degree in Philosophy, Pre-Medicine and English from Hamline University in St. Paul, Minn.
Smith was chosen after a nationwide search and an extensive interview/evaluation process that included a meet-and-greet forum with the public and a site visit to Ithaca by City staff and community stakeholders.
In March 2010 the City Council approved the No-Kill Implementation Plan for Austin. Since Oct. 1, 2010, the City of Austin Animal Services Office is actively working on the plan with the support of its partners and community. The City is making great strides in reaching the goal of 90 percent live outcomes, reaching 88 percent in December.
Filip Gecic, who served as Acting Animal Services Officer, did not apply for the position.