To: 'Gene Snelson'; 'comments@tahc.state.tx.us'
Subject: URGENT!! Goin' Hog Wild!! - AGAINST New Rules Proposed by Texas Animal Health Commission - Comment Deadline July 6

To Mr. Snelson,                                        

General Counsel                                                          
Texas Animal Health Commission

Again, thank you sincerely, for your reply.

Per your request, I am forwarding you available information on hog fence:

The fencing industry, as confirmed with Tractor Supply, only offers 330 foot rolls of 4 foot tall “sheep and goat” wire with 4 inch x 4 inch holes, which is commonly used as hog wire and commonly called “Hog Wire”. This hog wire is a lot stronger than taller horse fence which may be available, however, horse fence is a much smaller gage and not strong enough to hold hogs. Actual Hog Panels are only 3 feet tall. 3 foot tall Hog Panels are commonly used for holding hogs, so the 4 foot tall “hog wire” fence is even better. Hog Wire is what is being used across the State. There is not a 5 foot hog wire fence, as specified in this rule, manufactured or available.

HOW MANY FENCED RANCHES IN TEXAS OFFER HOG HUNTS AND ARE LICENSED BY TPWD AS A HUNTING PRESERVE? HOW MANY ACRES? HOW MANY HOGS ARE HARVESTED ON THESE RANCHES?

Regarding our previous communication, referring me to:

Q&As About Proposed Feral Swine Regulations

There are still some unanswered questions, please:

RE: disease transmission

Q&As About Proposed Feral Swine Regulations

“The proposed regulations were designed for control of disease, not propagation of the species.  Except for hunting ranch operators, most farmers, ranchers and other landowners see feral swine as a destructive nuisance, not a species in need of propagation.  The feral swine regulations were developed by a committee represented by all aspects of the swine industry---wild swine hunting, domestic swine production, wildlife biologists, associations and regulatory agencies. Female swine are very prolific and are already present on most farms and ranches.  Promoting the propagation of wild hogs is neither warranted nor in the best interests of vast majority of farmers, ranchers or landowners in the state.  The regulations represent a compromise that allows hunters to continue their sport, while reducing the risk of disease transmission by wild hogs”
  
My Comments:
 The alleged “purpose of this rule is to prevent disease transmission.”

The Swine Brucellosis Brochure available on the TAHC website says Boars can also transmit the disease.

The Swine Brucellosis Facts document available on the TAHC website states, “How spread occurs Entry point: Breeding, ingestion of bacteria, eye (conjunctive), aerosol. Exit point: Semen, reproductive fluids, placenta, aborted fetuses, milk, urine.”

 
“The proposed regulations were designed for control of disease, not propagation of the species.” “The regulations represent a compromise that allows hunters to continue their sport, while reducing the risk of disease transmission by wild hogs.”

 
The provisions of this rule clearly benefit those hog ranchers who wish to start raising wild hogs as domestic animals and sell to the Slaughter Plant Operators. Certainly, they are required to test animals for disease and quarantine for 150 days. However, once they have a full house for breeding, they are of no more benefit to controlling the population. They will have their disease-free herd.

There are not any provisions for protecting the public against the Slaughter Plant Operators. NO DISEASE TESTING IS REQUIRED.

Dr. Ellis has stated, "From tests on feral swine over a four-year period, we know that around 20 percent of wild hogs in Texas carry pseudorabies, a regulatory flu-like swine disease not related to rabies.  About 10 percent of the feral pigs have swine Brucellosis, the swine form of "Bangs," or cattle Brucellosis."           

First, I challenge the word “KNOW”. That would be impossible without testing every hog in Texas.

Obviously, the largest numbers of trapped wild hogs will be going to the Slaughter Plant Operators as opposed to hunting ranches, by the design of this rule. Why? Because it is profitable at $20 to $30 and more per pound.

The following text comes from the Center for Disease Control which I found by searching The TAHC website. It addresses transmission of the disease from ANIMALS TO HUMANS and also HUMAN to HUMAN. 

What is brucellosis?

Brucellosis is an infectious disease caused by the bacteria of the genus Brucella. These bacteria are primarily passed among animals, and they cause disease in many different vertebrates. Various Brucella species affect sheep, goats, cattle, deer, elk, pigs, dogs, and several other animals. Humans become infected by coming in contact with animals or animal products that are contaminated with these bacteria. In humans brucellosis can cause a range of symptoms that are similar to the flu and may include fever, sweats, headaches, back pains, and physical weakness. Severe infections of the central nervous systems or lining of the heart may occur. Brucellosis can also cause long-lasting or chronic symptoms that include recurrent fevers, joint pain, and fatigue.

How is brucellosis transmitted to humans, and who is likely to become infected?

Humans are generally infected in one of three ways: eating or drinking something that is contaminated with Brucella, breathing in the organism (inhalation), or having the bacteria enter the body through skin wounds. The most common way to be infected is by eating or drinking contaminated milk products. When sheep, goats, cows, or camels are infected, their milk is contaminated with the bacteria. If the milk is not pasteurized, these bacteria can be transmitted to persons who drink the milk or eat cheeses made it. Inhalation of Brucella organisms is not a common route of infection, but it can be a significant hazard for people in certain occupations, such as those working in laboratories where the organism is cultured. Inhalation is often responsible for a significant percentage of cases in abattoir employees. Contamination of skin wounds may be a problem for persons working in slaughterhouses or meat packing plants or for veterinarians. Hunters may be infected through skin wounds or by accidentally ingesting the bacteria after cleaning deer, elk, moose, or wild pigs that they have killed.

                                                                (FOOTNOTE: I personally know 2 people who have contracted  brucellosis. One has never found a cure.)

Can brucellosis be spread from person to person?

Direct person-to-person spread of brucellosis is extremely rare. Mothers who are breast-feeding may transmit the infection to their infants. Sexual transmission has also been reported. For both sexual and breast-feeding transmission, if the infant or person at risk is treated for brucellosis, their risk of becoming infected will probably be eliminated within 3 days. Although uncommon, transmission may also occur via contaminated tissue transplantation.

THIS PROPOSED RULE WILL NOT PROTECT THE PUBLIC, THE CONSUMERS OF THE MEAT DISTRIBUTED BY THE SLAUGHTER PLANT OPERATORS, FROM THE DISEASED ANIMALS PROCESSED BY THE SLAUGHTER PLANT OPERATORS. (if they are diseased)

BY REQUIRING TESTING AT THESE FACILITIES YOU MIGHT GET ACCURATE DATA FOR THE PERCENTAGE OF HERDS ACTUALLY INFECTED, BY REGIONS OF THE STATE, AND YOU WILL PREVENT INFECTION TO UNKNOWING HUMANS. Otherwise, moms will be buying meat that is diseased and infect themselves and their families by handling the raw meat.

According to Dr. Ellis, “For nearly a year, a team of commercial swine and show pig producers, Slaughter Plant Operators, veterinarians, hunters, hog trappers and wildlife biologists have wrestled with rule ideas that would prevent captured wild hogs from creating more chaos, while still giving hunters an opportunity to bag a boar trophy worth bragging rites.” 

Dr. Dee Ellis, DVM, Texas' assistant state veterinarian and TAHC advisor to the feral swine working group, who has proposed these rules, actually told an operator of a current Hog Hunting Ranch, “YOU ARE LUCKY WE ARE LETTING YOU STAY IN BUSINESS!”

Obviously, the largest numbers of trapped wild hogs will be going to the Slaughter Plant Operators as opposed to hunting ranches, by the design of this rule. Why? Because it is profitable at $20 to $30 and more per pound.

The Slaughter Plant Operators have definitely benefited. As I understand, there was only one Hog Hunting Ranch Operator present or allowed input, who states,

Larry,

You probably won't like my response. I was one of the members of the Feral Swine Advisory Board for TAHC who helped come up with these regulations.  I along with a few ranch owners and a trapper represented the hunting aspect of the State.  Please believe me when I say that these regulations are 1,000 times better that what would have happened if we wouldn't have gotten a say.  This will not regulate hogs that you already have on your ranch or ones that you bring in with one-way trap doors, just ones that you may buy from hunters or trappers.  We worked hard to let ranches buy without blood tests being done and it was a struggle to get it to that point.  Bottom line is the animal health of Texas, and ranches will have to make sure their fences can hold hogs.  I've raised European hogs for over 10 years and I understand fencing and it's ability to hold hogs......You will just have to make sure your place is escape proof. 

Cody Weiser

RE: Canned Hunts, sows, and TPWD who already requires Hunting Preserve License

Q&As About Proposed Feral Swine Regulations
“HOWEVER, if you run a hunting operation and plan to bring in additional wild hogs to the property, then you must have a fence system capable of preventing escape of the hogs, and complete an application and inspection with the Texas Animal Health Commission.  Additions of new wild hogs would be limited to boars and barrows and these animals would be required to have an individual identification tag. “
 Q&As About Proposed Feral Swine Regulations

“Records would be required on the number of hogs brought in, their identification and description, and when they were removed through hunting. The Texas Parks and Wildlife Department also has requirements for hunting preserves and hunters, and operators should check with that agency to ensure all requirements are fulfilled.”

My Comments: “these animals would be required to have an individual identification tag.”   Respectable Hunters and Hunting Ranch Owners have always fought against “Canned Hunts”. Not one hunter I know wants to shoot any animal with an ear tag. No one wants to mount their trophy with an ear tag in his ear or a hole left behind because of the tag. This regulation is unsightly and will discourage hog hunting in Texas because of the perception of a Canned Hunt. I have hunted in numerous States and Countries around the world. I would never hunt ear tagged animals. Hell, the tags are going to get ripped out by the hogs fighting sometimes, leaving a ripped ear. Even if you mark them with wedges out of the ear it still ruins the trophy mount. What do you want to do? Paint names on them? All this rule is doing is giving the animal activists another shot at the hunting industry…Putting a target on our backs. Should we wear a fur coat too?

By forcing Hunting Ranches to get an application from your agency, you are regulating hunting in addition to TPWD who already requires Hunting Preserve License. What other industry is governed by 2 State Agencies?

I am concerned about hunting ranches who buy stock and will not be able to buy sows. More trophy sows are harvested with larger tusks for trophy mounts than boars or barrows. Most are harvested because of the meat. They are not around long enough to breed and propagate.  Any Hunting Ranch operator today already has a fence adequate to keep hogs from escaping. They have to protect their inventory. It is his best interest for obvious reasons. In addition, fences are usually patrolled daily. Where is the danger of disease transmission by wild hogs? The hogs inside the fence are not going to get out. And they are less likely to transmit any disease inside the fence than if they are still outside in the wild. Inside most fences, they are still in a wild environment….with a shorter lifespan.

Or are you saying if all hogs are trapped by/through an entrance one-way trap doors to the fenced area, this type of ranch is not governed by these rules?

Larry

Spread the word, please. And send your comments to comments@tahc.state.tx.us

I AM 100% AGAINST THE PROPOSED NEW RULES BY TAHC AND SO ARE THE MANY RANCHES I PAY TO HUNT ON.
 
RECEIVED YOUR E-MAIL AND CONCERN ABOUT THE PROPOSED REGULATIONS FROM TAHC AND DR. ELLIS.  YOU ARE RIGHT---HOW MANY RANCHES OFFER FENCED HOG HUNTS IN TEXAS???  HOW MANY ACRES (AND I WOULD GUESS IT TO BE IN THE THOUSANDS)???  HOW MANY HOGS (I WOULD ESTIMATE IN TO THE THOUSANDS)???  NO ONE KNOWS, BUT IT LOOKS LIKE TAHC AND DR. ELLIS ARE GOING TO CREATE SOMEONE'S BROTHER-IN-LAWS AN ENORMOUS NUMBER OF RESEARCH JOBS TO FIND THIS OUT.
 
WE ARE SOUTH TEXAS OUTFITTERS/HOG HUNTING TEXAS.  WE ARE LOCATED BETWEEN PEARSALL AND TILDEN TEXAS IN THE CORNER OF FRIO AND LASALLE COUNTY.  THIS IS A VAST COUNTRY WITH FEW PEOPLE AND HUGE RANCHES.  NEEDLESS TO SAY, THERE ARE MANY THOUSANDS OF HOGS IN THIS COUNTRY THAT ARE OWNED BY THE LANDOWNERS---NOT THE STATE OF TEXAS.  WE HUNT ON APPROXIMATELY 45,000 ACRES AND OFFER FAIR CHASE AS WELL AS PRESERVE HUNTS.  WE HAVE A NEW 200 ACRE HOG PRESERVE.  WE BUY NO HOGS!!!  WE TRANSPORT NO HOGS UNLESS THEY ARE DEAD AND IN THE BACK OF THE TRUCK.  WE HAVE A SERIES OF ONE WAY GATES IN OUR FENCE WHERE THE HOGS CAN GET IN BUT NOT BACK OUT.  SO WE DON'T TARGET BOARS NOR BARROWS IN OUR PRESERVE.  IT'S STRICTLY WHAT EVER COMES THROUGH THE FENCE.  IN FACT I ASK MY HUNTERS NOT TO SHOOT MY BIG SOWS.  WE HAVE SPENT APPROXIMATELY $30,000.00 ON THE CONSTRUCTION OF THIS FENCE, WITH ME DOING MOST OF THE WORK MYSELF.  TO MY KNOWLEDGE, THERE IS NO 5 FOOT NET FENCING.  WE USED 1047 HIGH TINSEL WIRE WHICH IS RECOMMENDED FOR HOG FENCING.  WE PUT A STRING OF BARBED WIRE ON THE BOTTOM (FOUR POINT PREDATOR WIRE).  EVERY FIFTH T-POST, WE PUT A 2 3/8 INCH PIECE OF IRON PIPE.  DOES THIS SOUND LIKE A SECOND RATE FENCE???  DOES THIS MAN AND THIS COMMITTEE NOT REALIZE WE MUST PROTECT OUR HUNTING INVESTMENT???  FOR SOMEONE TO MAKE REGULATION STATEMENTS TO A HARD WORKING AMERICAN---YOU ARE LUCKY IF WE LET YOU STAY IN BUSINESS!!!!!!!  THIS IS AMERICA, NOT A COMMUNIST COUNTRY!!!!!!!!!
 
IT DISTURBS ME TO HEAR THESE WILD HOGS CALLED COCKROACHES, PEST OR WHATEVER NAMES THAT PEOPLE CALL THEM.  WE HAVE HUNDREDS OF PEOPLE COME TO OUR OPERATION EACH YEAR TO HUNT THESE SO CALLED "PEST".  THEY HUNT FOR MEAT, NOT TROPHIES BUT ARE ELATED IF THEY HARVEST A TROPHY.  WE ASK OUR HUNTERS TO KILL ONLY THE ANIMALS THEY CAN UTILIZE.
 
I WOULD THINK IF YOU WOULD PUT AN ECONOMIC VALUE ON THE HOGS, YOU WOULD BE AMAZED AT THE REVENUE BROUGHT IN TO THE STATE OF TEXAS.  I WOULD THINK IT WOULD SURPASS THE OUT OF STATE WHITE-TAILED DEER REVENUE.  NOT ONLY DOES TEXAS PARKS AND WILDLIFE REAP THE REWARDS, SO DOES EVERY BUSINESS THESE HUNTERS HAVE CONTACT WITH ON THEIR TRIP TO AND FROM OUR OPERATION, WHETHER THEY FLY OR DRIVE!!!!
 
THERE ARE MORE ANIMAL SPECIES IN TEXAS THAN WHITE-TAILED DEER AND THERE ARE MORE FISH SPECIES IN TEXAS THAN LARGE MOUTH BASS.  IT SEEMS THAT OUR STATE AGENCY SHOULD PROMOTE ALL SPECIES.  WILD HOGS BRING IN A TREMENDOUS AMOUNT OF REVENUE TO ALL OF US!!!  IT IS OUR PERSONAL SOURCE OF INCOME!!!!!
 
LARRY, IF THERE IS ANYTHING THAT WE CAN DO TO HELP HEAD OFF THIS NONSENSE, PLEASE LET ME KNOW.  THESE WILD HOGS HAVE SUCH A LOW IMPACT ON THE PSEUDORABIES AND BRUCELLOSIS.  IT'S A WASTE OF TIME AND MONEY.  AS I SAID IN MY OPENING STATEMENT, WHO IS WANTING TO CREATE SOMEONE'S BROTHER-IN-LAW OR OTHER RELATIVE A JOB?????????  IT'S A TOTAL WASTE OF TEXAS TAXPAYERS MONEY!!!  
 
 
South Texas Outfitters/Hog Hunting Texas
Pete and Barbara Ray
PO Box 1121
Pearsall, Texas  78061
Lodge number:  830-466-5294
send your comments to comments@tahc.state.tx.us

Gentleman,

I am not a Texas resident but I have forwarded my comments on these rules to the address listed above.

I encourage everyone who has not sent their comments to do so before it is too late and a terrible set of rules are allowed to be initiated.

Thanks Mike,

Here is today's response from TAHC at 5:09 PM:

From:

Mr. Snelson,                                        

General Counsel                                                           <mailto:comments@tahc.state.tx.us>comments@tahc.state.tx.us
Texas Animal Health Commission

Mr. Batterbee:

Thanks for sending me back the information on the fence as that does help us to better evaluate the issue and work to make appropriate modifications. Also we do appreciate all your other questions and concerns. As a practical matter with the large number of comments received and the wide variety of issues raised I am not able to respond to all your concerns and issues through this e-mail. When the comment period ends we will compile all the comments and discuss the various issues/concerns and develop a response to all the comments with any recommended changes for our Commission to consider. Once we get something finalized I will send it to you with responses to all the comments, including yours. Thanks for the submission and have a good weekend. - gene

THE KEY PHRASE IS "with any recommended changes for our Commission to consider."

WHEN YOU OFFER COMMENTS, MAKE "recommended changes for our Commission to consider"!!!!!!!!!

THANK YOU FOR YOUR INPUT AND COMMENTS TO

comments@tahc.state.tx.us

LARRY

TAHC Commissioners

Ladies and Gentlemen,

From this layman’s point of view, Chapter C gives TAHC the authority to require regulation and registration of Holding Facilities only, those facilities who are set up for distribution of Feral Swine, for disease-control purposes only, and the transportation of Feral Swine to and from such facilities. The proposed rule change states TAHC currently has 91 Holding Facilities registered. These facilities only transport to Slaughter Plant Operators because that is where the money is. Where is the provision forcing Slaughter Plant Operators to destroy infected animals? Are they allowed to sell infected meat? Where are the test results from them. What is the percentage infected?       I am told by one Hog Hunting Ranch operator, he has been buying 20 feral hogs a month at an auction for 3 years. TAHC requires disease testing at the auction barn for all hogs. In 3 years, not one hog has tested positive for disease. That is 720 feral hogs with no positive test for disease. Where is the TAHC “20% are infected”?

Chapter C does not grant TAHC the authority to change current TPWD legislative definitions, or create new definitions or regulations to control hunting ranches. Hunting ranches are already controlled by Texas Parks and Wildlife, requiring Lease Licenses and Hunting Licenses. “The commission's authority to regulate the movement of feral swine may not interfere with the authority of the Parks and Wildlife Department to regulate the hunting or trapping of feral swine.”

TPWD defines “Exotic animal refers to grass-eating or plant-eating, single-hoofed or cloven-hoofed mammals that are not indigenous or native to Texas and are known as ungulates, including animals from the deer and antelope families that landowners have introduced into this state. Includes, but is not limited to feral hog, Aoudad sheep, Axis deer, Elk, Sika deer, Fallow deer, Blackbuck antelope, Nilgai antelope, and Russian boar.”

Adding “Hunting Preserves” to TAHC list of targets offers no solution. Prohibiting hunters from harvesting sows offers no solution. Hunting ranches are the dead end for feral hogs (boars and sows), literally. From the hunting ranch, the hog’s only option is into the food chain as smoked sausage. There is NO THREAT of disease spreading to any animals at hunting ranches. No more danger than if they had a one way trap door and not regulated. “TAHC requiring these animals to have an individual identification tag” serves no purpose.    Respectable Hunters and Hunting Ranch Owners have always fought against “Canned Hunts”. Not one hunter I know wants to shoot any animal with an ear tag. This regulation is unsightly and will discourage hog hunting in Texas because of the perception of a Canned Hunt. What do you want to do? Paint names on them? All this rule is doing is giving the animal activists another shot at the hunting industry…Putting a target on our backs. Should we wear a fur coat too?

TAHC is interfering with numerous small businesses in Texas and will have a negative impact on their livelihoods. Hunting ranches should not be included in the proposed rules in any reference. Do you even know how many hog hunting ranches have Hunting Lease Licenses with TPWD? How many folks you will put out of business?

TAHC has already created laws to make it difficult for the llama and alpaca owners. Now TAHC is having to fix that mistake by changing the laws again. And TAHC wants to add wild hogs to the definition of “Exotic livestock”?

"The 80th legislature, in the TAHC's Sunset Bill, provided for the TAHC to regulate feral swine, which are regarded as free-ranging livestock.  The TAHC regulations are to be limited to disease control purposes, including holding facilities, sale, exhibition, hunting or movement," said Dr. Dee Ellis. “The regulations represent a compromise that allows hunters to continue their sport, while reducing the risk of disease transmission by wild hogs.” This is a gross misrepresentation to the public. See Agriculture Code below.

Send comments to comments@tahc.state.tx.us

AGRICULTURE CODE

SUBTITLE C. CONTROL OF ANIMAL DISEASES AND PESTS

CHAPTER 161. GENERAL DISEASE AND PEST CONTROL

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 161.001.  DEFINITIONS.  (a)  In this chapter:

(1)  "Animal" includes livestock, exotic livestock, domestic fowl, and exotic fowl.

(2)  "Commission" means the Texas Animal Health Commission.

(3)  Repealed by Acts 2003, 78th Leg., ch. 604, Sec. 5.

(4)  "Exotic livestock" means grass-eating or plant-eating, single-hooved or cloven-hooved mammals that are not indigenous to this state and are known as ungulates, including animals from the swine, horse, tapir, rhinoceros, elephant, deer, and antelope families.

Sec. 161.0412.  REGULATION AND REGISTRATION OF FERAL SWINE HOLDING FACILITIES.  (a)  The commission may, for disease control purposes, require the registration of feral swine holding facilities.

(b)  To prevent the spread of disease, the commission may require a person to register with the commission if the person confines feral swine in a holding facility for slaughter, sale, exhibition, hunting, or any other purpose specified by commission rule.

(c)  Rules adopted under this section shall include registration requirements, provisions for the issuance, revocation, and renewal of a registration, disease testing, inspections, recordkeeping, construction standards, location limitations, and provisions relating to the treatment of swine in and movement of swine to or from a feral swine holding facility.

(d)  Rules authorized by this section may be adopted only for disease-control purposes.

Added by Acts 2007, 80th Leg., R.S., Ch. 1242, Sec. 12, eff. September 1, 2007.

Sec. 161.054.  REGULATION OF MOVEMENT OF ANIMALS; EXCEPTION.  (a)  As a control measure, the commission by rule may regulate the movement of animals, including feral swine.  The commission may restrict the intrastate movement of animals, including feral swine, even though the movement of the animals is unrestricted in interstate or international commerce.  The commission may require testing, vaccination, or another epidemiologically sound procedure before or after animals are moved.

(b)  The commission by rule may prohibit or regulate the movement of animals, including feral swine, into a quarantined herd, premise, or area.

(c)  The commission may not adopt a rule that prohibits a person from moving animals, including feral swine, owned by that person within unquarantined contiguous lands owned or controlled by that person.

(d)  On application of the owner of an animal, including a feral swine, a restriction on the movement of the animal imposed under this chapter may be modified by order of the executive director of the commission if the owner demonstrates that the restriction will result in unusual hardship for the owner.  In considering an application under this section, the executive director may consider the effect of prolonged drought, inadequacy of pasturage or unusual feed supply resulting from disaster or other unforeseeable circumstances, or economic hardship.

(e)  In connection with the regulation of the movement of feral swine, the commission by rule may require disease testing before movement of a feral swine from one location to another, and establish the conditions under which feral swine may be transported.

(f)  The commission's authority to regulate the movement of feral swine may not interfere with the authority of the Parks and Wildlife Department to regulate the hunting or trapping of feral swine.

Added by Acts 1995, 74th Leg., ch. 31, Sec. 1, eff. April 27, 1995.

Amended by: Acts 2007, 80th Leg., R.S., Ch. 1242, Sec. 13, eff. September 1, 2007.

Sec. 161.1375.  MOVEMENT OF FERAL SWINE.  (a) A person commits an offense if the person recklessly:

(1)  moves feral swine in a manner that is not in compliance with rules adopted by the commission under Section 161.0412 or 161.054; or

(2)  as the owner or person in charge of a holding facility in which a feral swine is held, permits another to remove feral swine from the holding facility in a manner that is not in compliance with those rules.

(b)  An offense under this section is a Class C misdemeanor for each feral hog that is moved or permitted to be removed unless it is shown on the trial of the offense that the defendant has been previously convicted under this section, in which event the offense is a Class B misdemeanor.

Added by Acts 2007, 80th Leg., R.S., Ch. 1242, Sec. 16, eff. September 1, 2007.

Sec. 161.055.  SLAUGHTER PLANT COLLECTION.  (a)  The commission may require slaughter plants to collect and submit blood samples and other diagnostic specimens for testing for disease.

(b)  The commission by rule shall determine the method of collecting, submitting, and testing of blood samples and other diagnostic specimens.

(c)  The owner or operator of a slaughter plant commits an offense if the slaughter plant fails to comply with this section or a rule adopted under this section.  An offense under this subsection is a Class C misdemeanor unless it is shown on the trial of the offense that the defendant has been previously convicted under this section, in which event the offense is a Class B misdemeanor.

Added by Acts 1997, 75th Leg., ch. 273, Sec. 1, eff. Sept. 1, 1997.

Sec. 161.150.  FAILURE TO REGISTER FERAL SWINE HOLDING FACILITIES; HOLDING OF FERAL SWINE.  (a)  A person commits an offense if the person recklessly:

(1)  maintains a feral swine holding facility that is not registered under Section 161.0412; or

(2)  as the owner or person in charge of a holding facility that is not registered under Section 161.0412, holds or permits another to hold a feral swine in the holding facility.

(b)  Each feral swine held or permitted to be held in violation of Subsection (a)(2) constitutes a separate offense.

(c)  An offense under this section is a Class C misdemeanor unless it is shown on the trial of the offense that the defendant has been previously convicted under this section, in which event the offense is a Class B misdemeanor.

Added by Acts 2007, 80th Leg., R.S., Ch. 1242, Sec. 16, eff. September 1, 2007.

Larry Battarbee

Farm & Ranch Insurance

(903) 723-3202

Fax (903) 723-3436

TO TPWD COMMISSIONERS

I have worked closely with TPWD since 1989. For several years, I was on the Advisory Counsel to the Texas Game Warden Association, was elected as the Advisory Counsel Chairman and Board of TGWA, and was appointed to the Board of Directors of the Texas Youth Hunting Association.

I see a major conflict between the TAHC proposed rules and TPWD regulations. TAHC says they are “allowing hunters to continue their sport”, limiting harvest to boars and barrows only, re-defining feral hogs as livestock, requiring tags on the hogs, and says hunting ranches are “lucky TAHC is allowing them to stay in business”.

TAHC’s adding “Hunting Preserves” to their legislation offers no solution. Prohibiting hunters from harvesting sows offers no solution. Hunting ranches are the dead end for feral hogs (boars and sows), literally. From the hunting ranch, the hog’s only option is into the food chain as smoked sausage. There is NO THREAT of disease spreading to any animals at hunting ranches. TAHC is interfering with numerous small businesses in Texas and will have a negative impact on their livelihoods. Hunting ranches should not be included in the proposed rules in any reference.

Do you know how many hog hunting ranches have Hunting Lease Licenses with TPWD? How many folks will TAHC put out of business?

Gene Snelson, General Counsel, Texas Animal Health Commission, directed me to http://www.tahc.state.tx.us . “We have put a clarification document on our web site to clarify some of these mis-conceptions and you might want to review that to see if that answers your questions.”   “Q&As About Proposed Feral Swine Regulations” which states:

 “The regulations represent a compromise that allows hunters to continue their sport, while reducing the risk of disease transmission by wild hogs.”… “If you run a hunting operation and plan to bring in additional wild hogs to the property, then you must have a fence system capable of preventing escape of the hogs, and complete an application and inspection with the Texas Animal Health Commission.  Additions of new wild hogs would be limited to boars and barrows and these animals would be required to have an individual identification tag.” …“Records would be required on the number of hogs brought in, their identification and description, and when they were removed through hunting. The Texas Parks and Wildlife Department also has requirements for hunting preserves and hunters, and operators should check with that agency to ensure all requirements are fulfilled.”

TAHC…Dr. Dee Ellis, DVM, Texas' assistant state veterinarian and TAHC advisor to the feral swine working group, who has proposed these rules, actually told an operator of a current Hog Hunting Ranch, “YOU ARE LUCKY WE ARE LETTING YOU STAY IN BUSINESS!”

TAHC… "The 80th legislature, in the TAHC's Sunset Bill, provided for the TAHC to regulate feral swine, which are regarded as free-ranging livestock.  The TAHC regulations are to be limited to disease control purposes, including holding facilities, sale, exhibition, hunting or movement," said Dr. Dee Ellis, Texas' assistant state veterinarian and TAHC advisor to the feral swine working group.  "If these proposed rules are adopted, they will supersede TAHC's current feral swine regulations that aren't comprehensive.  We know we can't get rid of feral swine, but we can find ways to deal with the animals so that it benefits all sectors of the industry." This is a gross misrepresentation to the public. See Agriculture Code.

TPWD… “A hunting license is required of any person, regardless of age, who hunts any animal, bird, frog or turtle in this state (except furbearers, if the hunter possesses a trapper's license). No license is required for nuisance depredating hogs.” … “Feral hogs are unprotected, exotic, non-game animals which may be taken by any legal means or methods at any time of year. There are no seasons or bag limits. The only requirements to hunt them are a valid Texas hunting license and landowner permission.”

TPWD… “Exotic animal refers to grass-eating or plant-eating, single-hoofed or cloven-hoofed mammals that are not indigenous or native to Texas and are known as ungulates, including animals from the deer and antelope families that landowners have introduced into this state. Includes, but is not limited to feral hog, Aoudad sheep, Axis deer, Elk, Sika deer, Fallow deer, Blackbuck antelope, Nilgai antelope, and Russian boar.”

The Texas Youth Hunting Program… “Hunt types include deer, turkey, feral hogs, javelina, exotics, dove, small game, upland game birds, waterfowl, varmints and other species.”

TPWD…RE: Exotic/Hog Hunting Ranches… “would like to remind landowners that a hunting lease license is required for certain hunting operations. The owner of a hunting lease or the landowner’s agent may not receive pay or anything of value from hunters unless the owner or agent has acquired a hunting lease license from the department. This law applies to all hunting leases. The fees for the first type, the hunting lease license, are as follows. This license is for the total amount of property in a county owned by an individual, partnership, firm, or corporation.

TPWD…Non-resident 5-Day Special Hunting (Type 157): $45

Legal for any period of 5 consecutive days (valid hunting dates will be printed on the license when issued).
Valid to hunt: Exotic animals, all legal game birds (except turkeys), all nongame animals, squirrel and javelina (not valid for other game animals or alligators).

My Comments: RE: “these animals would be required to have an individual identification tag.”   TPWD, respectable Hunters, and Hunting Ranch Owners in Texas have always fought against “Canned Hunts” and any perception of a Canned Hunt. Not one hunter I know wants to shoot any animal with any sort of tag. This regulation is unsightly and will discourage hog hunting in Texas because of the perception of a Canned Hunt. What do you want to do? Paint names on them? All this rule is doing is giving the animal activists another shot at the hunting industry…Putting a target on our backs. Should we wear a fur coat too?

TAHC by their definition, is trying to regulate and control hunting of feral hogs as free-ranging livestock. TPWD regulates hunting of feral hogs as Exotic animals. I spoke to one Game Warden who says the proposed TAHC rules cannot be so. “It would take a Bill from the Legislature.”

Is TPWD aware of ALL of this?

Larry Battarbee

Battarbee Insurance Agency

 (903) 723-3202

Fax (903) 723-3436