Texas Wildlife Association Working for tomorrow s wildlife TODAY!

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1 Texas Wildlife Assciatin Wrking fr tmrrw s wildlife TODAY! 2800 NE Lp 410, Suite 105 <> San Antni, Texas <> 210/ <> 800/ <> FAX 210/ Huse Cmmittee n Culture, Recreatin and Turism Interim Charge #2 April 24, 2012 J. David Andersn, Chairman TWA White-Tailed Deer Management Cmmittee Mr. Chairman, Members, my name is J. David Andersn, Chairman f Texas Wildlife Assciatin s White-Tailed Deer Management Cmmittee. I am 66 years ld, and my wife f 45 years and I reside in Hustn. I have 2 daughters, ne sn, and 6 grandchildren. I am currently the CEO f Andn Specialties, Inc., which is based in Hustn with 8 ffices in Texas and Luisiana. I bught ur family ranch in Duval Cunty in We have 2700 acres under high fence. I have been in the MLD prgram since 2005, the DMP prgram since 2008, and the Deer Breeder Prgram since April I have been a member f TWA since 1994, and I have served n the TWA Executive Cmmittee fr 4 plus years. My passin is cnserving ur wildlife, imprving the habitat f the land we are privileged t wn, and getting mre f ur yuth t experience the great utdrs. Thank yu fr the pprtunity t testify, and there are many TWA leaders and members in ur audience tday wh reflect ur rganizatin s interest in this issue.

2 As yu knw, TWA is a nn-prfit membership rganizatin whse 6,000 plus members are landwners, land managers, hunters and cnservatinists wh wn r cntrl almst 40 millin acres f private land in Texas. TWA stands fr cnservatin and stewardship thrugh ur private landwner members and thse private land stewards wh wn almst 95% f Texas. We stand fr cnservatin by practicing it, where it cunts, n the grund. We believe that secure prperty rights best prtect and encurage cnservatin and stewardship f all ur natural resurces. Our rganizatin has an estimated members invlved in the deer breeding industry. Please find attached t the written testimny TWA s Wildlife Management and Hunting Heritage Statement. This is an imprtant dcument in ur rganizatin. It summarizes ur philsphy, and it serves as a litmus test as we cnsider decisins and future plicies. The cmmittee charge n deer breeder cmpliance is timely, since we seemingly have higher nn-cmpliance with rules n reprting and reprting dates, but als high-prfile, well-publicized vilatins that can threaten the breeder industry and increase risk fr ur native, wild deer. TWA takes the psitin that 1) the Deer Breeder permit is a privilege, nt a vested right; 2) the Deer Breeder permit, and its use, is a tl in the deer manager s tlbx t influence wild deer ppulatins; 3) the ecnmic value f the Deer Breeder permit t a permittee (r a beneficiary) is derived frm hunting; and 4) The Deer Breeder permit shuld d n harm t the brader hunting ecnmics r t the brader native, wild deer ppulatins.

3 Why is cmpliance imprtant? Laws and regulatins have been established t facilitate efficient peratin f the prgram; AND t: prtect the integrity f permitted deer, wild deer, and habitat management in Texas, prtect permitted deer and wild deer frm disease-related issues prtect susceptible extic livestck and traditinal livestck frm disease-related issues prtect the investments f permittees frm avidable department euthanasia actin had things been dne right frm the start Imprved cmpliance will allw TPWD t fcus their effrts with respect t deer, and ther wildlife and habitat management, in places that need fcus. We feel ne f the primary issues is that sme ptential Permit applicants d nt fully understand the expectatins that cme with the Breeder s Permit. I didn t fully understand it when I gt my Deer Breeder permit. Mre effrt shuld be put int frnt end educatin f the applicant, and with TPWD s manpwer issues, it shuld be at the applicant s expense maybe a training vide with a shrt quiz fllwing the viewing (much like taking defensive driving n-line), with cntinuing educatin requirements. There needs t be, n the frnt end, a clear understanding with what hlding this permit means, the permit hlder s bligatins under the law, and the ability f the permit hlder t d business.

4 There are gd examples f such educatin effrts within TPWD that are already wrking well: hunters have t take Hunter Educatin t get hunting permit; wildlife rehabilitatrs have educatinal requirements t get a permit; and prfessinal scientists have t demnstrate cmpetence t get a permit. Training/educatin is paramunt t ensure cmpliance with all applicable laws and regulatins and t prtect the integrity f the deer breeder cmmunity, the integrity f the department, the integrity f the legislature, the integrity f the hunting and wildlife management cmmunity, and manage disease-related issues. In additin t laws and regulatins, the training shuld als include best practices training t minimize mrtality, enhance the integrity f the testing prtcls, and the understanding f the TPWD agency's charges and related statutes. TWA has always requested simplicity and flexibility in rule-making that prtects ur native wild deer and the deer breeders, as a whle. We have cnsistently asked the department t wrk with breeders t bring them int cmpliance befre implementing punishments. The reality, thugh, is that there is a 30 t 35 percent rate f nn-cmpliance, fr varius reasns. The reasn may very well be the result f reprting mistakes by the deer breeder. But, in sme cases, the reasns may invlve prcessing errrs by the department. In either case, we must ensure that all reprting and prcessing steps are sund and efficient. There need t be apprpriate cnsequences assciated with missing deadlines and ther nn-cmpliance matters. This needs t be clearly spelled ut t the applicant befre he r she mves frward with an applicatin, as this can affect his r her peratins, and ultimately their investment. There need t be increasing fines at defined stages f nn-cmpliance. At sme identified pint,

5 TPWD shuld limit the sale and transfer f deer frm any facility that is nt in full cmpliance with the requirements f hlding a Deer Breeder permit by nt granting permissin t mve deer frm their facility fr sme specified time perid. This wuld prtect unknwing buyers frm purchasing deer frm a Deer Breeder that des nt fully cmply with TPWD rules, as this situatin culd affect their wn facilities and ability t sell and transfer deer. The department shuld cntinue its effrts t simplify the regulatins gverning the prgram, and clean up any gray areas r incnsistencies. Use f technlgy shuld cntinue t be imprved s that inadvertent errrs are avided that can unexpectedly turn flks trying t d things the right way int lawbreakers. We have cntinually supprted fair and cnsistent treatment in cmpliance with rules and regulatins. Due Prcess in the enfrcement f laws and regulatins is paramunt. We believe that TPWD has made great strides with the Deer Breeder and larger wildlife cmmunity in imprving due prcess. It is critical that the department retain flexibility in rule-making t wrk with the deer breeder industry and larger hunting and landwner cmmunity t create efficiencies and easier methds t respnd t needs and issues. TWA is a large tent, and we represent a brad array f landwner, wildlife management, cnservatin, and hunting interests. We clearly have member landwners wh wuld like t utilize this permit. But this privilege must be administered in a way that alleviates cncerns that the brader wildlife cmmunity may have fr the resurce.

6 I want t thank yu Mr Chairman, and cmmittee members fr allwing us t prvide testimny, and we stand ready t wrk with yu. TWA will cntinue t discuss these and ther issues with parties testifying here and with yu, and cntinue t prvide cncepts and ideas. Thank yu, and I wuld be happy t entertain any questins.