Seasons – Summer 2024
From the Plateau Land & Wildlife Management Team
In our Summer edition of Seasons, we provide a new segment “Ask a Wildlife Biologist”, what wildlife management activities are best to complete during the summer months, and a guest featured article from Braun & Gresham regarding updated news for landowners who may have an LLC. Lastly, explore our curated articles to keep all Texas landowners in the loop.
We hope you find this edition of Seasons enriching and informative. As always, we are here to assist you whenever needed!
Until next Seasons,
The Plateau Team
Table of Contents
Ask a Wildlife Biologist: Supplemental Water
Activity Reminders: Looking Into Summer
Field Notes: Pictures & Highlights of Properties in Wildlife Management
Guest Feature: Braun & Gresham on the Corporate Transparency Act
News for Texas Landowners
Ask a Wildlife Biologist: Supplemental Water
“Ask a Wildlife Biologist” is our new series for landowners searching for guidance. What’s better is that the our team of Wildlife Biologists are ready to tackle any questions you may have, the more the better! This series will cover topics from what do you actually need to provide if supplemental food is an activity on your plan, to what qualifies as shelter for our wildlife friends.
How do I make an existing water trough wildlife friendly?
An existing water trough can easily be converted into a wildlife friendly water source by adding ramps to allow for access to the water, as well as provide a way for small species to safely escape if they were to fall in. You can make a “teepee” style ramp that goes from the bottom of the trough to the lip and then back down to the ground. This can be done using either wood, wire fencing, or anything else you can think of. Chicken ladders also work well, or you can be creative and use rocks, logs, etc.
How do I maintain/develop/enhance a spring I have on my property?
Spring maintenance/development/ enhancement can be achieved in many ways. Many springs/seeps have increased vegetation in and around them including trees and brush due to the accessibility of water. You can remove the trees, brush and surrounding woody vegetation which should help both accessibility and will likely enhance spring flow. Another way is to sink a culvert or large section of pipe vertically around the spring, ensuring that the springs source remains clean and is protected from spoilage.
Species such as feral hogs using and wallowing in these areas can not only increase erosion but can introduce harmful bacteria including fecal coliforms which can have negative effects on both the spring and the water quality. Erosion control measures in and around a spring can also be helpful. one additional way to enhance a spring would be to protect it from physical damage that wildlife and livestock can cause by fencing it off. You can then allow animals to access the water elsewhere which can help to ensure the long-term health of the spring itself.
Keeping the spring clean by conducting routine maintenance such as cleaning and brush control are long term commitments that may need to be repeated and committed to over a long period of time.
Do you have a burning question you want answered? Send your questions to us on Facebook and Instagram and be sure to follow @plateauwildlife for all things Wildlife Management and more.
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Activity Reminders: Looking into Summer
During the summer, wildlife management activities such as deer surveys and chemical brush control are particularly effective and a way to check off activities from your list. Deer surveys, conducted using remote cameras, allow for the collection of vital data on deer populations, including their density, distribution, and behavior patterns. These surveys provide landowners with the information needed to make informed decisions about population control and habitat management.
Meanwhile, chemical brush control management is another critical summer activity, targeting invasive or problematic brush species like mesquite and prickly pear. By applying the appropriate herbicides at the right time, landowners can significantly reduce these brush species, which in turn improves the habitat for deer and other wildlife. Combining deer surveys with chemical brush control ensures a holistic approach to wildlife management, promoting healthier ecosystems and more balanced wildlife populations.
Deer Surveys
Maintaining a healthy deer herd that is balanced with available habitat does not happen by chance in most of Texas. It requires active management. Part of that proper management may include deer surveys.
While it would be ideal to be able to count every single animal on your property, it is virtually impossible. A survey is only an estimate, not a complete count, and can be higher or lower than the real population. Because of this, it is best to base your decisions on trends from multiple, consecutive years of survey data. Trends are more important than actual numbers from a single year, so plan to conduct surveys on a regular basis.
What options do I have?
- Spotlight Surveys: These are the familiar and “traditional” surveys for counting deer. The concept is simple – drive around at night with a spotlight and count all the deer you see – but there is more to it than that. The most common version is a strip-transect method, which just means you drive a set route and calculate how much land you can see from the vehicle, typically in 1/10th mile increments. If the survey route is set up properly, this method requires minimal training and can easily be conducted by landowners. A newer technique, called distance sampling, can be used on a driving spotlight survey as well. This version requires much more training and experience, but in the right situation it is a better choice for estimating populations.
- Camera Surveys: Inexpensive technology has made trail cameras, aka camera traps, widely available and popular for monitoring wildlife activity. Deployed properly, these cameras can also be used to estimate populations of deer. This method attempts to make an actual census (complete count) of bucks in an area and uses the ratio of males to females and fawns to females to estimate the rest of the population. The pictures make it easier to determine the age structure and quality of bucks. Because this survey requires 1 camera/150 acres of land, it is well suited to smaller properties (<500 acres), where spotlight surveys are often impractical. There is no limit to the size of the property for this method, it just takes a lot more cameras, and a lot more pictures to sort through, on larger properties. The set up and execution is fairly simple, though analyzing the pictures takes some training.
In Addition:
- Conduct herd composition counts. These estimates can greatly influence harvest recommendations. Doe:Buck ratios (sex ratios) indicate the potential for future population growth. Fawn:Doe numbers indicate the health of the herd, in terms of reproduction. Most survey techniques underestimate fawns as they do not show up on cameras as often as adults and may remain hidden during spotlight surveys. Sex ratios and fawn crops are best determined from incidental observations. Raw counts of bucks, does, and fawns seen during daylight hours while driving or sitting in blinds are an important supplement to spotlight or remote camera surveys as they help more accurately determine herd composition.
- Look at the vegetation on your property. Checking browse pressure on desirable vegetation is an excellent indicator of the deer population. If deer are eating a lot of low quality forage and there are no desirable shrubs to be found, then you have too many deer, regardless of what your surveys indicate.
- Keep harvest records. The condition of deer harvested says a lot about what is happening in your deer herd as well. If it is a lean year for rain but the deer are still heavy with fat, then your population is probably in pretty good shape. Recording field dressed weight, antler size, and body conditions are important. You should also age each deer to one of three categories – young (0.5-1.5), middle-aged (2.5-3.5), and mature (4.5+).
Deer surveys typically start in August and there is a limited window (August-October) in which to get them done and determine harvest recommendations before the general deer season starts.
Chemical Brush Control
Using the right tool is crucial for achieving a successful job. Many brush species do not respond well to mechanical treatments such as mulching, shredding, bulldozing, or cutting. For instance, mesquite tends to “retaliate” when cut above ground, regrowing with multiple sprouting stems. Similarly, dealing with prickly pear can become a bigger issue, as its scattered fragments can sprout new cacti, exacerbating the problem.
Herbicides often prove to be the most efficient and effective method for controlling common brush species like these, but selecting the correct herbicide and timing its application properly is vital. Foliar applications, which involve applying herbicides to the leaves, are particularly sensitive to timing. The plant must absorb the herbicide and transport it to the roots to prevent resprouting. If the plant is not in a receptive phase, you might damage the top, but it will recover and regrow the following year.
However, if you apply the right herbicide at the optimal time, you can expect to eliminate over 75% of treated mesquite plants. A single application on prickly pear can show noticeable results within a few months, achieving up to 85% control within 18-24 months. While prickly pear is less sensitive to timing than other species, hitting the right window can lead to even higher control rates sooner.
Most herbicide applications should be applied sometime during the growing season (Spring through Fall).. Knowing your target plant is key, however, as leaf spraying for mesquite must happen during the summer when leaves turn from light to dark green, while huisache is best treated in the fall. If you plan to conduct chemical control this year, now is the time to get ready.
Plateau advocates thoughtful removal of native brush species because it is important to realize that almost all species of brush (no matter how weedy, prickly, or annoying) have some value to wildlife as food, cover, or both. Any herbicide must be used with caution to avoid damage to desirable, non-target species. Remember that brush management for wildlife often involves the selective removal of individual plants to increase the production of desirable grasses, forbs, and other shrubs.
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Field Notes: Pictures & Highlights of Properties in Wildlife Management
Rio Grande Wild Turkeys:
This featured image of a cluster of Rio Grande Wild Turkeys was captured by an attorney from our sister company, Braun & Gresham.
Wild turkeys or also known as (Meleagris gallopavo intermedia) thrive in mixed habitats including grasslands, brush areas, and forests. These turkeys are social birds, often seen in flocks. They roost in trees at night to avoid predators. By using a Plateau Platform Feeder, as seen pictured, you can capture a feeding frenzy and check off a census Wildlife Management activity while your at it!
As mentioned early about Supplemental Water and its importance during the hot summer months, access to water is crucial during these next few months. Rio Grande wild turkeys often stay near water sources such as rivers, creeks, and ponds. They may travel considerable distances to find water if it becomes scarce.
Have you seen any wild turkeys lately? If not, be on the lookout and share your pictures, we’d love to see more wild turkeys out and about in unique places.
So many of you are out there doing great work. We appreciate you, and so do the native wildlife on your property and across Texas. Large or small, you are making a difference. Look for more great examples of wildlife and landowner successes and victories in upcoming Seasons Newsletters!
Guest Feature: Braun & Gresham on the Corporate Transparency Act
Article by Margaret Menicucci, Attorney and Counselor, Braun & Gresham, PLLC
Beginning this year, owners of small businesses must comply with the reporting requirements of the Corporate Transparency Act (CTA). This important legislation requires most owners and managers of closely held corporations, limited liability companies (LLCs) and limited partnerships (LPs) to report “beneficial ownership information (BOI)” to a federal database run by the Financial Crimes Enforcement Network (FinCEN). This new requirement impacts landowners managing their property through LLCs and LPs.
Congress, in enacting the CTA, is seeking to “provide law enforcement with beneficial ownership information [about small business entities] for the purpose of detecting, preventing and punishing terrorism, money laundering and other misconduct through business entities.” Often, such nefarious activities are conducted through these business structures.
How does this affect owners of rural land?
To be effective, the requirements apply broadly to most small business owners. While there are some exceptions, most small farm and ranch entities must file a report. Business entities already subject to federal reporting requirements may be exempt from the CTA-mandated reporting such as financial institutions, businesses subject to securities regulations, non-profit organizations, and publicly held businesses. The statute requires information about both the “Reporting Company” (the entity obligated to file the report) and each “Beneficial Owner.” Closely held corporations, LLCs, and LPs (including single-member LLCs) are Reporting Companies. A Beneficial Owner is an individual who, directly or indirectly, either exercises substantial control over a reporting company or owns or controls at least 25% of the reporting company’s ownership interests.
When is the filing due?
Reporting Deadlines | |
Existing Business Entities (Created before January 1, 2024) | January 1, 2025 |
New Business Entities (Created on or after January 1, 2024) | 90 calendar days after receiving notice that the entity’s creation or registration is effective |
Business entities formed after January 1, 2024 must file a report with FinCEN within 90 days after the entity is formed. Small business entities in existence before January 1, 2024 have a full year to comply, with their deadline being January 1, 2025. This is a one-time filing. There is no annual reporting, but small businesses will be required to update their report when ownership or control changes. Examples of changes include admitting a new member or partner who has at least a 25% interest in the LLC or LP or changing a Manager.
What if I fail to file the Report?
Willfully filing false information or willfully failing to file a report can result in high fines and possible imprisonment. The escalating fines range from $500/day to $10,000/violation and jail time of up to two (2) years.
What next steps should be taken?
Reach out to Braun and Gresham. We will help you confirm whether the requirements apply to your corporation, LLC, or LP. Then, we will assist you with compiling and reporting the required information.
Do not respond to any email or other solicitation that appears to be from FinCEN. As with any new program, misinformation is abundant. FinCEN has posted the following notice:
For additional information, contact Cory Rodriguez or Margaret Menicucci at 512-894-5426 or [email protected].
News for Texas Landowners
Seven Central Texas Mussels listed under Endangered Species Act
Article by Aubry Buzek for the U.S. Fish & Wildlife Service
Based on the best scientific and commercial data available, the U.S. Fish and Wildlife Service is listing seven freshwater mussels found in Central Texas under the Endangered Species Act and designating 1,577 river miles of critical habitat for the species in the Colorado, Guadalupe, Brazos and Trinity river basins.
The six species receiving an endangered listing are the Guadalupe fatmucket, Texas fatmucket, Guadalupe orb, Texas pimpleback, Balcones spike, and false spike, while the Texas fawnsfoot is receiving a threatened listing.
Texas Working Lands – Protecting our water, wildlife and way of life
Article by the Nature Conservancy
Nestled between Lake O’ the Pines and Caddo Lake lies Cypress River Ranch, owned and operated by Bob and Kimmie Sanders. Here, with their son’s family, they raise red wagyu beef as a cow-calf producer. The ranch consists of 2.5 miles of river frontage on Big Cypress Bayou and a series of oxbow lakes near historic Jefferson, Texas. These unique water features are what initially drew the Sanders family to this land almost 30 years ago.
While the ranch has been a great place to raise kids—and recently grandkids—the Sanders family has experienced firsthand the ups and downs of owning working lands. The 2011 drought brought record-breaking heat to Texas with impacts that lasted for years. It led to wildfires, power outages and dangerously low water supplies, in addition to more than $7 billion in crop and livestock losses for the state’s agricultural community.
Texas agriculture a tale of rainfall haves and have-nots
Article by Adam Russell for Agrilife Today
When it comes to rainfall and the subsequent soil moisture that fuels agricultural production, the state is made up of haves and have-nots, according to Texas A&M AgriLife Extension Service experts.
Larry Stein, Ph.D., AgriLife Extension horticulturist in the Texas A&M Department of Horticultural Sciences, Uvalde, and Jourdan Bell, Ph.D., Amarillo, and Ronnie Schnell, Ph.D., Bryan-College Station, both AgriLife Extension agronomists in the Department of Soil and Crop Sciences, gave mixed reports on soil moisture levels around the state.
Biologists see more impacts to Texas bats from deadly disease
Article by Texas Parks & Wildlife
AUSTIN — During recent cave surveys and routine white-nose syndrome (WNS) monitoring, biologists found evidence of WNS in tri-colored bats. This is the first known case of WNS in tri-colored bats in Texas and is the southernmost confirmation of WNS in this species.
The fungus that causes the development of WNS, P. destructans, was also present on three new species of bats in Texas that have previously not been tested, or had not previously tested positive, for the fungus — fringed myotis, long-legged myotis and canyon bats.
This is the first time that canyon bats have tested positive for the fungus anywhere in the country.
For the first time, Texas regulates mountain lion hunting and trapping
Article by Angela Kocherga, KTEP for Texas Standard
In a historic vote, the Texas Parks and Wildlife Commission approved rules for hunting and trapping mountain lions in the state. The unanimous vote by the 11 commissioners banned canned hunts and set a 36-hour limit for checking traps for live mountain lions.
Until now, there was no requirement for checking a trap, and the big cats could be left to die of exposure or dehydration.
“We don’t need to facilitate negligence. We have a duty to manage wildlife,” Brandt Buchanan, a ranch manager and hunter, told commissioners.
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