Fence Posts

NEWS ABOUT HUNTING, GUN RIGHTS, AND LEGISLATIVE ITEMS

TPWD’s Carter Smith To Retire in January 2023

For the last 15 years, the Texas Parks and Wildlife Department has had an executive director that’s the epitome of par excellence for a sportsman and conservationist. Carter Smith has shown character, kindness, honesty, loyalty, and ability as the head of Texas’ agency that directs all activities of parks and wildlife in the state. I’ve known Carter as an executive and as a hunter, angler, and outdoorsman for many years. Texas and all Texas Trophy Hunters owe a vote of gratitude to Carter for adding much to the outdoor experiences that so many have enjoyed during his tenure as “lead dog” at TPWD.

I spent a lot of time with TPWD, even when it was called Texas Game and Fish, and I’ve worked with several executive directors. I must admit they all had different attributes and handled the job very well, but I would have to put Carter close to the top as an effective and dedicated leader of the department.

As a country boy raised right in Gonzales County, Carter’s background in hunting and fishing, while roaming the family’s properties, gave him what he needed to be a wildlife biologist and have a professional career in fisheries and wildlife conservation. He’s educated to the hilt—Texas Tech and Yale universities—and you can’t get much stronger than that. Top that with all his experience in the Nature Conservancy and the wildlife work he has done with moose, waterfowl, mule deer and pronghorn antelope, and you have a pretty wellrounded individual in the person of Carter Smith.

Carter Smith, right, and Horace Gore

Carter has a lot of years ahead of him, and I expect to see and hear from him as he takes the next step in a career filled with achievements. Texans owe a lot to Carter Smith, and we will miss him around the headquarters office in Austin after he retires in January 2023. Thanks, Carter. You done good!. —Horace Gore

Celebrate National Hunting And Fishing Day 2022

Americans all over the nation will celebrate National Hunting and Fishing Day on Sept. 24, 2022. This day is set aside to remember the many days of hunting and fishing enjoyed by all who frequent the outdoors. On May 2, 1972, President Richard Nixon signed proclamation 4128 designating the fourth Saturday of September as National Hunting and Fishing Day. Since 1972, Americans have celebrated the day by going hunting or fishing. Many Texans take the day off to hunt doves or go to the lake.

A few states recognized a day of celebration for hunting and fishing as early as the 1960s, but with Senate Joint Resolution 117, Congress requested the president to recognize a national day to celebrate the two outdoor sports.

“Texas Trophy Hunters is proud to announce Sept. 24, 2022, as National Hunting and Fishing Day,” said Christina Pittman, TTHA’s president and CEO. “As the Voice of Texas Hunting, we stand as a tribute to hunting and fishing in a state that is known far and wide for its outdoor values. I hope all Texans will go out and enjoy all of the outdoor recreation that Texas has to offer.”

Carter Smith, executive director of Texas Parks and Wildlife Department, said:

“National Hunting and Fishing Day is a time to celebrate two of Texas’ proudest and most cherished sporting traditions, as well as reflect on the vital role hunting and angling play in our state’s outdoor economy. Hunters and anglers have long been the backbone of conservation across our state, and thanks to their support of fisheries and wildlife management, conservation law enforcement, land stewardship, habitat protection, and strong fish and game laws, we are richly blessed with bountiful wild things and wild places for all outdoor enthusiasts to enjoy. We want to remind all sportsmen and women that the most rewarding gift of all is to introduce someone new to the great Texas outdoors.”

Safari Club International CEO W. Laird Hamberlin said: “The global hunting community owes a great deal to Texas, which

has a long history of exemplary habitat and wildlife conservation that’s made possible by the Lone Star state’s outdoor sporting community. Texan hunters, anglers, and outdoorsmen and women deserve this day of celebration and I look forward to seeing all the ways the community will come together and get outside this season and the many to come!”

Amen to that, Christina, Carter, and Laird. We hope everyone will go out Sept. 24 and enjoy the variety of adventures waiting in the Texas wilds. When you go, take an active role in acquainting young hunters and anglers about the responsibilities of caring for the beauty of nature and the creatures that live there. Remember, today’s youth are the hunters and anglers of tomorrow. —HG

Mike Swierc Dies at 100

Mike Swierc of Falls City passed away June 5 at the age of 100 years and 7 months. Mike worked for Kraft Foods for 33 years, and retired to cattle and farming at age 62. He was an outdoors man of the first order, and hunted white-tailed deer most of his long life. Mike was probably the oldest active deer hunter in Texas, having taken his last 10-point buck at the age of 100.

Mike was a close friend of Benny Lyssy of Karnes City and Ralph Winingham of San Antonio. Benny recently told me about making sausage for Mike out of the big buck from last season. Let’s all hope we’re still hunting whitetails when we reach 100 years. —HG

TPWD Deer Slaughter on Hold

The attempt by Texas Parks and Wildlife Department to depopulate (kill) deer breeder Robert Williams’ herd is at a standstill after the Fifth Court of Appeals in Dallas refused to hear the case. The 500-deer herd is being held on the Williams property in Kaufman County under high fence while TPWD decides to do next. The original action to kill the deer herd was an “emergency” measure, according to TPWD. But that was about 18 months ago, and the case has not been satisfied.

The deer herd fiasco began when Williams found a case of CWD in his breeder herd, and TPWD wanted to give him a herd plan that would have put Williams out of business as a deer breeder. Williams filed suit against TPWD and the Texas Animal Health Commission for failure to give due rights under the law. Williams got a temporary restraining order from the Kaufman County Court. TPWD appealed to the Fifth Court of Appeals, which denied any action on the case. Today, the court case remains pending in the Kaufman County Court, while Williams continues feeding 500 deer he can’t use in any way.

“We’re trying to work with them,” Williams said, “but they won’t work with us.” Williams has said repeatedly he would be glad to keep all of his deer in the 1,500acre high fenced property, but TPWD refuses. “My deer can’t go anywhere. They’re enclosed by an 8-foot-high fence around my property.” Williams attorney said she and her client will continue to fight in court.

TPWD appears to be waiting until Williams succumbs to the expense of maintaining a deer herd that’s useless to him. Expect to hear more about the killing of a deer herd over an “insidious” deer disease that apparently does not exist. —HG

Deer Hunting Icon Leonel “Muy” Garza Dies

The Texas deer hunting community, along with many others in Texas, mourn the passing of Leonel “Muy” Garza, whose name has been synonymous with big Texas whitetails for 57 years. Leonel founded the Muy Grande Deer Contest in Freer, which has been the epitome of quality deer hunting in Texas. The following is an article written before his death about him being named to the Muy Grande Hall of Fame, which he initiated 16 years ago to honor many of the Muy Grande winners and contributors to deer hunting in Texas. Leonel, an icon in deer hunting circles, will be sorely missed. A feature celebrating his life will appear in the November/December Journal. —HG

The Muy Grande Deer Contest held its 57th Anniversary Awards Ceremony at Freer in June. A large crowd enjoyed the hunting celebration, with fun for all. An afternoon shared with good company, BBQ, musical entertainment that’s hard to beat, and the oldest deer contest in Texas that’s still going strong.

Muy Grande co-owners, Kenneth and Imelda Sharber, presented awards to many lucky hunters, as well as guests of special honor and distinction. The Muy Grande Hall of Fame award is the most prestigious award reserved for those who have made significant contributions to Muy Grande or the hunting industry. This year’s sole inductee was none other than Leonel “Muy” Garza himself, and there’s no one more deserving of such recognition.

Leonel’s vision, strong work ethic, and personal friendships helped him transform the Center Circle Gas Station into the legendary deer contest and legacy it has become today. In the early 1960s, Leonel ran the gas station when he helped a stranded hunter. The hunter offered him a reward, but Leonel declined and simply replied, “Tell your buddies that I’m the ‘hunter’s friend.’” Leonel didn’t know the man he helped just happened to be a sportswriter. Much to his surprise, a few weeks later a newspaper ran an article about “The Hunter’s Friend in Freer,” and business at the gas station picked up overnight.

As business grew, Leonel had an idea to start a deer contest to continue to increase traffic at the gas station. He began the contest with only one division: widest spread. The category was appropriate at the time because the Boone & Crockett scoring system was hardly known by deer

[ THE JOURNAL ] VOLUME 47 NUMBER 5 SEPTEMBER/OCTOBER 2022 HUNTING NEWS

hunters. Homer Garza was the lucky winner that first year, and with no appropriate prize, Leonel simply gave Homer a wristwatch he had won for selling Goodyear tires. It was a successful endeavor, and everyone was happy, but the contest needed a name. According to their website, Leonel thought about it and said, “South Texas deer are as wide as the Rio Grande and as big as the state of Texas. They are Muy Grande.”

The Muy Grande name took hold in Muy Grande Village, and has grown and neth, Imelda, and the rest of the Garza family should be commended for their hard work to keep the contest and tradition going. Everyone is looking forward to another great hunting season and 58 years of Muy Grande. —Jason Shipman

Jerry Johnston, standing, and Elda and the late Leonel “Muy” Garza.

prospered over the years. Leonel is known to many, and now often referred to as “Muy.” Much has changed from its humble beginnings at the old gas station in 1965. The contest moved to a very nice commercial storefront at the corner of US 59 and TX 16, and numerous contest categories have been added.

Upon accepting his award, Leonel replied, “Thank you, but I thought George Strait was supposed to win this year.” The crowd erupted into laughter, cheers, and applause. Leonel continued, “If it wasn’t for you deer hunters, I would still be fixing flats at the old gas station.”

Congratulations to “Muy” on his recent induction into the Hall of Fame, which he started in 2007, honoring his lifetime of achievement in the hunting industry. Ken-

Oklahoma Commission Approves Waterfowl Dates, Opens Holiday Antlerless Deer Season in Zone 10

During their regular June meeting, Oklahoma Wildlife Conservation Commissioners approved additional opportunities to harvest antlerless deer and approved hunting season dates and bag limits for this year’s migratory bird hunting seasons. This coming December, Oklahoma’s holiday antlerless deer gun season will now be open in Zone 10, which is in the southeastern corner of the state. Zone 10 has traditionally been closed for the holiday season. There will be a limit of two antlerless deer in Zone 10 during the holiday antlerless deer gun season.

Commissioners also approved migratory bird hunting dates and bag limits for 2022-23 as follows:

Dove — Sept. 1-Oct. 31, 2022, and Dec. 1-29, 2022. Limit is 15 daily, 30 in possession after first day, 45 in possession after second day.

Teal — Sept. 10-25, 2022. Limit is six daily, 12 in possession after first day, 18 in possession after second day.

Resident Canada Goose — Sept. 10-19, 2022. Limit is eight daily, 16 in possession after the first day, 24 in possession after the second day.

For ducks, mergansers and coots, the season will be Oct. 8, 2022-Jan. 4, 2023, in Oklahoma’s Panhandle counties. Special youth, active military and veterans hunting days will be Oct. 1, 2022, and Feb. 4, 2023, in those counties.

Waterfowl Zones 1 and 2 will again share the same season dates and bag limits this year. Season will be Nov. 12-27, 2022, and Dec. 3, 2022-Jan. 29, 2023. Special youth, active military and veterans hunting days will be Nov. 5, 2022, and Feb. 4, 2023.

Daily bag limit for ducks and mergansers is six; there is no separate limit for mergansers this year. Daily bag may include no more than five mallards (only two may be hens), three wood ducks, two redheads, two canvasbacks, one scaup, and one northern pintail. Daily coot limit is 15.

Hunting dates for light and dark geese will be Nov. 5-27, 2022, and Dec. 3, 2022-Feb. 12, 2023. White-fronted geese may be taken Nov. 5-27, 2022, and Dec. 3, 2022-Feb. 5, 2023. Sandhill crane hunting will run from Oct. 22, 2022-Jan. 22, 2023, west of I-35 only. —courtesy Oklahoma Dept. of Wildlife Conservation

Congressman Introduces Bill to Eliminate Pittman-Robertson Act

On June 22, U.S. Rep. Andrew Clyde of Georgia introduced H.R. 8167, the RETURN (Repealing Excise Taxes on Unalienable Rights Now) Our Constitutional Rights Act of 2022, a bill that would gut the nation’s most successful wildlife conservation funding and hunting and shooting access program—the PittmanRobertson Act.

Clyde, a Republican, issued a statement giving his reasons for the bill. He said: “In case my Democrat colleagues forgot, the Bill of Rights enumerates rights to which the government cannot infringe. Unquestionably, infringement exists when the government taxes those rights to limit the people’s ability to exercise them.”

The bill has 53 co-sponsors, all of whom are Republican.

This proposal is still in its infancy, but revolves around constitutional rights and the legality of taxing them. Clyde believes inalienable rights and the products associated with those rights can’t be taxed. The claim, according to him, is a direct affront to the Second Amendment. Clyde said,

“As assaults against Americans’ Second Amendment freedoms continue to emerge, so do treacherous threats that seek to weaponize taxation in order to price this constitutional right out of the reach of average Americans. I firmly believe that no American should be taxed on their enumerated rights, which is why I intend to stop the Left’s tyranny in its tracks by eliminating the federal excise tax on firearms and ammunition.”

If the Act advances further, it will likely undergo several changes and revisions. Here are some things currently proposed in the bill:

• Excise taxes on firearms and ammunition repealed • Excise taxes on bows and arrows repealed • Limitation on tax imposed on fishing rods and poles • 3% rate of tax for electric outboard motors • 3% rate of tax for tackle boxes

Passed in 1937, the Pittman-Robertson Act functions as a way for hunters and fishermen to help fund conservation programs aimed at preserving the traditions in which they participate. It placed a 10-11% excise tax on hunting- and fishing-related goods. The Department of the Treasury holds this money before being turning it over to the U.S. Fish and Wildlife Service to appropriate to the states. In 2021, the Pittman-Robertson Act brought in a record-breaking $1.5 billion for conservation. It is, by far, the leading funding source for all wildlife conservation in the United States.

To continue covering conservation costs, Clyde suggests redirecting unallocated lease revenue generated by onshore and offshore energy development on federal lands. Because leases constantly change and the revenue from them is split and rerouted in countless directions, it’s hard to say for certain what amount would be left over for conservation programming.

The Congressional Sportsmen’s Foundation (CSF) opposes this legislation and urges members of the Congressional Sportsmen’s Caucus to oppose it. In May, CSF helped lead a letter signed by 43 of the top hunting and recreational shooting organizations in strong support of the Pittman-Robertson Act in its current form.

John Gale, conservation director for Backcountry Hunters & Anglers, said: “This bill is not only offensive to conservation-minded companies in the hunting and shooting sports industry that oppose such a careless waste of time in Congress, it’s an affront to hunters and recreational shooters that proudly support the legacy of Pittman-Robertson—legislation that the hunting community and gun industry leaders advocated for in the first place to give back to the wildlife resources that are the foundation of our cherished outdoor traditions.” —courtesy GearJunkie.com and Congressional Sportsman’s Foundation

CSF Submits Comments on New Initiative to End Hunting, Fishing, Trapping in Oregon

On May 26, the Congressional Sportsmen’s Foundation (CSF) submitted comments on Initiative Petition 3, the latest iteration of the ballot initiative designed to end all hunting, fishing, and trapping in Oregon. As you may recall, the “End Animal Cruelty” campaign had previously filed a similar initiative, Initiative Petition 13, for the 2022 ballot, but that effort has since been abandoned and the proposal has been refiled for 2024. On April 20, proponents submitted the required 1,000 sponsorship signatures to Oregon’s secretary of state to formally request a ballot title from the Oregon attorney general, which was then released by Secretary Fagan on May 12. CSF submitted comments on the draft title, which will then be reviewed by the attorney general before making any revisions and certifying the final ballot language. Once certified, proponents can begin signature gathering to qualify the initiative for the 2024 ballot.

If passed, IP 3 would end all hunting, fishing, and trapping, which would immediately impact Oregon’s 940,000 sportsmen and women who participate in the outdoors in support of conservation efforts, food procurement, and tradition. The proposed initiative would also significantly impact the state’s ability to manage and protect its natural resources, wildlife, and public lands. Without sportsmengenerated revenue through license and tag sales, along with excise the tax revenue generated through Pittman-Robertson for sporting-related purchases, the Oregon Department of Fish and Wildlife (ODFW) would have their budget drastically cut by one half. ODFW, the primary stewards of protecting and enhancing our states wildlife and their habitat, would lose over $50 million dollars annually from hunting and fishing license sales alone.

Oregon’s hunters, anglers, and trappers have long played a vital role in funding conservation and wildlife management efforts throughout the state. Under the American System of Conservation Funding (ASCF), a unique “user pays-public benefits” structure, Oregon’s sportsmen and women generate tens of millions of dollars each year for ODFW. These funds are generated through fishing and hunting license sales and through an 11% excise tax paid on sportingrelated goods via the Pittman-Robertson Act. Ongoing attempts to restrict Oregon’s 940,000 sportsmen and women from their outdoor pursuits of hunting, fishing, and trapping threatens funding revenue for Oregon’s conservation, habitat restoration, and wildlife management of all species, not just game.

Hunters, anglers, and conservationists have all been working together against IP 13 and now IP 3, with CSF serving on the frontlines as a member of the steering committee for the opposition campaign, and on the board of directors for the recently formed Oregon Sportsmen’s Conversation Partnership. —courtesy Congressional Sportsmen’s Foundation

Utah Legalizes Air Rifles For Hunting

During its 2022 legislative session, Utah became the first state to allow using air rifles for huting. Utah Senate Bill 205— Air Rifle Hunting Amendments—requires individuals obtain a permit to be able to use an air rife while hunting approved game species. To be approved for use, air rifles must be pressurized to a minimum of 2,000 pounds per square inch.

Interest in airgun technology has been steadily increasing in recent years. Airguns are a tempting option as they are considered to be “hearing safe” because they lack an explosive charge that has been well documented to cause heading damage. Regulations surrounding the use of airguns vary significantly from state to state, as discussions surrounding efficacy and their lack of inclusion as taxable equipment through the Pittman-Robertson Act commence.

In order to included airguns in the Pittman-Robertson Act, it would require a change in federal tax statute. This route usually takes years. But states looking to legalize the use of airguns for hunting could implement state-level funding mechanisms such as a Conservation Airgun Stamp to ensure all legal methods of take for hunting contribute into the conservation funding matrix. This is what Utah chose to implement. —courtesy Congressional Sportsmen’s Foundation