(Editor’s note: The following is a letter from Texas Wildlife Association Executive Vice President Kirby Brown to U.S. Senate Judiciary Committee Chairman Patrick Leahy, D-Vermont. The subject is a proposed law that purports to protect exotic animals such as circus or zoo specimens but would have the effect of limiting hunting on properties or within pastures of 1000 acres or less. As might be expected, TWA is not at all amused by the bill.)

The Texas Wildlife Association, a conservation association of over 5000 private landowners, wildlife biologists, wildlife managers, hunters and conservationists in Texas, is strongly opposed to Senate Bill 1655 and the proposed SB 1655 Committee Substitute titled the "Captive Exotic Animal Protection Act of 2002". The proposed SB 1655 and SB 1655 CS are unnecessary, and are unconstitutional federal interventions into state issues and private property rights.

TWA is on record opposing "canned hunts" and has assisted the Texas Legislature in the development of a ban on canned hunts in Texas. TWA members do not, nor do any ethical sportsmen, support "canned hunt" activities. Ours have been the loudest voices against such immoral and already illegal activities. It is disgusting to see long-time captive zoo animals released in a tiny enclosure and shot at point blank range, and this is illegal. In Texas, a fence is legal, as designated in a bill adopted by the Texas Legislature, regardless of its size or height. To infer that fair chase is somehow restricted on a property less than 1000 acres with a high fence is ludicrous and demonstrates an increasingly remote, Beltway attitude that it is out of touch with realty on the ground. The 1000 acre designation is arbitrary and without regard to real fair chase standards. The average ranch size in Texas is less than 1000 acres, and more than two-thirds of states have tracts averaging less than 1000 acres. An arbitrary designation serves no purpose, and only splits the citizenry.

In Texas, exotic wildlife have occurred in the state for over 70 years, and Texas likely has the largest exotic wildlife population. Free-ranging exotics, such as axis deer, sika deer, blackbuck antelope, and feral hogs, compete directly with native wildlife. Far more fences were erected to keep the animals out of native habitats and provide long-term control and enhanced habitat management through the use of hunting, as were ever erected to keep exotics in. Habitat damage by unmanaged exotic ungulates and exotic feral hogs can be severe and have long-term negative consequences for native wildlife, including several endangered species. Texas Parks and Wildlife Department wildlife biologists as well as trained private consulting wildlife biologists provide technical assistance and wildlife management planning to landowners to address population and habitat parameters for natives and exotics that are on a property. SB 1655 and SB 1655 CS would cause irreparable harm to habitats and many native wildlife species on these areas. Several Texas landowners do ranch exotics, and hunting is a significant part of ranching operations and income. This income helps keep landowners on the land and prevents habitat fragmentation and growth of concrete and subdivisions. These animals are controlled under Texas laws through the Texas Department of Agriculture and extensive disease testing is provided through the Texas Animal Health Commission.

I urge the Judiciary Committee to leave the matter to the individual states which are closer to the issue and able to deal with the individual situations involved.

Again, we strongly oppose SB 1655 and SB 1655 CS, and encourage the Committee to vote down this bill.

Sincerely,
Kirby Brown
Executive Vice President
Texas Wildlife Association