Beef, Brush, and Bobwhites: Quail Management in Cattle Country

Chapter 13. The Business of Bobwhite Management

the Business of Bobwhite Management Chapter 13 FALFURRIAS, TEXAS, is the seat of Brooks County in the Rio Grande Plains. About 400 miles to the north is Albany, the seat of Shackelford County in the Rolling Plains. Both of these small, rural towns have an air of bustle and prosperity uncommon in other towns of similar size. The residents there owe part of their good fortune to hunting. Landowners’ revenue from hunting in 2005 exceeded $8.5 million in Brooks County and $1.8 million in Shackelford County. Bobwhites are big business in Texas. Jason Johnson, an economist with Texas AgriLife Extension Service, surveyed Texas quail hunters in 1999. Johnson reported that the average Quail Unlimited hunter spent about $10,000/year. This translated to a cost of about $438 per bagged bobwhite. If you were buying quail meat by the pound at the grocery store at this rate, it would be about $1,168/ pound. The management of this business is complex, just like the management of the birds themselves. A host of legal and economic matters must be considered if the landowner who leases hunting is to remain solvent, the lease hunter is to receive his or her dollar’s worth of recreation, and both are to be mutually satisfied and legally protected. Legalities The Constitution is the ultimate authority for wildlife management in the United States. The federal government and the states cannot regulate or control wildlife unless they do so in a constitutional manner. Court cases have established that it is constitutional for the federal government to regulate migratory birds and mammals—those that cross state or national boundaries. Federal authority was established by the Migratory Bird Treaty Act with Great Britain in 1918. The act has been amended to include Mexico and Japan. Stategovernmentsregulatenonmigratorygame.Thus,theStateofTexasdetermines most of the legal aspects of bobwhite management and hunting through actions by the Parks and Wildlife Commission, legislature, and citizens. 210 The manager of a bobwhite hunting lease must work within the legal framework established by state and federal governments. Concerning state law, landowners cannot sell wild animals. However, they can sell trespass rights. Thus, it is wise to price leases on a per-acre, per-gun, or per-season basis. Landowners can restrict but not liberalize state wildlife regulations. They cannot increase bag limits or hunting hours on their property. They can, however, restrict bag limits, shorten the season, or limit days of the week when hunting is permitted. Such restrictions should be clearly stated in a written lease agreement . A written lease protects both the landowner and the hunter and prevents misunderstandings. A landowner can obtain a sample contract from the local County Extension office. However, it would be best if the landowner has the lease prepared with help from a lawyer. Bruce Kramer, a longtime professor of law at Texas Tech University, suggests the following 11 items be included in a written lease: 1. Introduction: This includes the date of signing and names of parties involved (lessee = the hunter, lessor = the landowner). Figure 13.2. Wildlife belongs to the public as authorized to states under the U.S. Constitution. State and federal governments provide the legal framework within which wildlife management must operate. The species in this photograph is pyrrhuloxia (Cardinalis sinuatus). (Photograph by Timothy E. Fulbright) The Business of Bobwhite Management 211 2. Purpose of lease: What is it for? Hunting? Fishing? Both? 3. Description of the land: This may be a full legal description of the area that is leased for hunting. 4. Terms: This section specifies starting and ending dates for the lease. 5. Payments: This section specifies the total amount due the landowner and the payment schedule. The landowner may specify a deposit. 6. Duties of the hunters: Here the landowner places restrictions, if any, on the activity and behavior of the hunters. These are common restrictions: • Hunters are liable for accidents, damage to property, damage to livestock, and so on. • Drink containers, garbage, and so on, must be removed from the lease. • Hunters must drive on established roads. • Roads should not be used during wet weather. • Hunters must close gates. • Alcoholic beverages are prohibited or restricted to camps. • Number hunting at one time is limited. • Fires can be started only in specified areas. • Restrictions are placed on quantity of game taken, days of week when hunting is permitted, and so on. 7. Provisions for breaking the lease: This...