After Texas Parks & Wildlife's Slaughter of a Hunt County Deer Herd, Questions of Wildlife Ownership Abound

TPWD_Shooters.jpg
Texas Parks and Wildlife Department
A sharpshooter with the Texas Parks and Wildlife Department guns down some of the Anderton Whitetail Ranch in 2010.
For eight hours, rifle reports echoed across the Anderton Whitetail Ranch in Hunt County. In the larger paddocks, a wildlife biologist standing in the bed of a white Texas Parks and Wildlife truck picked them off with a scoped .22- or .17-caliber rifle mounted to a tripod. Another shot them in the smaller pens, where the deer couldn't run far. The kills weren't always clean. Some lurched away until another well-placed bullet finally brought them down. In all, the agency killed 71 bucks, does and yearlings on Dec. 6, 2010.

They took brain stems for testing, and left the headless deer behind. The Anderton men, though, weren't there to see the awful deed done. James and Jimmie were sitting in federal prison after pleading guilty to one count of wildlife trafficking and transporting stolen property in 2009. That was why the ranch was strewn with dead deer. Texas Parks and Wildlife said that the Andertons couldn't provide evidence of the state of origin for every animal, and so they all had to be wiped out to prevent the Texas incursion of a highly transmissible, neurodegenerative killer of deer known as chronic wasting disease.

The men said the deer had been bought in Arkansas, a state with no documented cases of the disease so far. But because it can be diagnosed only through autopsy, the agency said there was only one way to be sure. Of the six animals tested, none were infected. Five months later, the agency returned to destroy seven more animals.

"To me, it was just senseless," James' wife, Sharon, told Lone Star Outdoor News the day after. "You come out here and start shooting ... I won't ever forget that."

Neither would the Anderton men. James and Jimmie are suing TPWD in federal court, claiming the agency violated their constitutional rights by depriving them of property -- $700,000 of it, they claim -- without due process. The complaint poses a legal question that has yet to be definitively answered in the courts: Who ultimately owns the deer? Are they wildlife, and thus the property of Texas and its people? Or are they livestock belonging to the Andertons?

Texas Parks and Wildlife asked the State Attorney General for an opinion in 2005, then withdrew the request a week later, perhaps not wanting to know the answer. It has long contended that all deer belong to the state, but that authorized breeders can sell them.

There's a raft of pending legislation right now to clarify some of these issues, like providing recourse to breeders whose permits have been denied. The Andertons say that after being awarded permits 10 times, TPWD refused to grant a renewal for 2010 through 2012 (likely because of the wildlife trafficking charge). When breeders lose their permits, they have 30 days to dispose of the deer, or TPWD will do it for them. In court, the Andertons will argue that the government can't simply confiscate or destroy property without allowing its owner to contest the decision.

It's not just the Andertons who want the rules relaxed. There's a $652-million deer breeding industry that says the TPWD bureaucracy is burdensome and rule-crazy. A bill in the Texas Senate seeks to give oversight to the Texas Animal Health Commission. Another in the Texas House of Representatives would institute an appeals process for revoked permits.

As it becomes tougher and tougher to make ends meet in the farming and ranching business, hunting and deer breeding have replaced some of that income in rural economies. The question before the courts and the legislature is what role the government should play.

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7 comments
fromtexasbygod
fromtexasbygod

No matter how tough it gets to make ends meet in the farming and ranching business, it is more likely than not that you will go to prison when your business model in the hunting and deer breeding business is based upon lowering operating costs and overhead by using several hundred thousand dollars worth of stolen farm equipment that you purchased for pennies on the dollar, and using bargain priced wild deer for breeding stock that were illegally captured out of state and smuggled into Texas in the dark of night. The arrogant belief by James Anderton that he was too clever and too slick to get caught is what caused the demise of his deer herd as well as his and his sons term of confinement in the Federal Penitentiary.  Anyone who really knows the man recognizes that blaming TPWD is the typical and predictable response of a know it all who will forever remain convinced that he is much smarter than everyone else and therefore the silly game laws and regulations are beneath him.

ozonelarryb
ozonelarryb

Chronic wasting definitely in tx..Lege and TPWD. Meddling idiots.

b_kyle
b_kyle

Why would you shoot the deer with a ".22- or .17-caliber rifle" It is not legal for a hunter to use these calibers. Do as I say and not as I do seems to be the rule of thumb for the state.

casiepierce
casiepierce

I don't understand this. We are over-run with wild deer in the state. Why (and who) would anyone breed them?

flounder9
flounder9

Tuesday, April 16, 2013

Cervid Industry Unites To Set Direction for CWD Reform and seem to ignore their ignorance and denial in their role in spreading Chronic Wasting Disease

http://chronic-wasting-disease.blogspot.com/2013/04/cervid-industry-unites-to-set-direction.html

Tuesday, July 10, 2012

Chronic Wasting Disease Detected in Far West Texas

http://chronic-wasting-disease.blogspot.com/2012/07/chronic-wasting-disease-detected-in-far.html

Monday, February 11, 2013

TEXAS CHRONIC WASTING DISEASE CWD Four New Positives Found in Trans Pecos

http://chronic-wasting-disease.blogspot.com/2013/02/texas-chronic-wasting-disease-cwd-four.html

http://chronic-wasting-disease.blogspot.com/

kind regards,

terry

NewsDog
NewsDog

@casiepierce   It's simple, trying to get a better genetic mix in the herd. And not all parts of the state are over run with deer. Good land management has brought deer back into areas where they couldn't be found 20 years ago.  But the wrong genetics, ie some with CWD, could wipe out the population.  

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