The state Livestock and Poultry Commission couldn't bring itself to put a feral hog-hunting ranch out of business, even though the owner acknowledged animals have escaped his facility.
The panel spent five hours last week hearing the case against Rolling R Ranch in Boone County, debating its options under Arkansas law and weighing the meaning of the "grandfathering" provision of a 2013 statute that regulates the handling of feral hogs.
In the end, commissioners voted both the underlying statements of fact in the case and the charges against Rolling R had been proved, but then twice deadlocked on what action they should take.
The votes came after Bruce Holland, the commission's executive director, told the panel Act 1104 of 2013 made it illegal to release feral hogs into the wild and that the commission's own policy states any violation of its swine regulations "will result" in the loss of a ranch's license.
"I don't know what happens now," Holland said immediately after Friday's hearing.
The commission postponed hearings on the state's two other hog ranches until Dec. 10. They are Cuz and Cuz Wild Boar Ranch in White County and Choctaw Hunting Ranch in Columbia County.
Act 1104 says feral hogs "shall not be released into the wild under any circumstances." It also bans the transport of live feral hogs, except by licensed trappers associated with ranches certified by the Livestock and Poultry Commission, and requires that hogs delivered to those ranches have identifying tags.
The law was sought by farmers, who say the state's thriving feral hog population damages crops, pastures and levees. State and federal officials estimate there are about 200,000 feral hogs in Arkansas.
Act 1104 prohibited new hog-hunting ranches but "grandfathered" the existing operators, meaning Rolling R, Cuz and Cuz and Choctaw could continue to operate. At the same time, it made the three ranches subject to inspection by the Livestock and Poultry Commission.
On Monday, Steve Eddington, a spokesman for the Arkansas Farm Bureau, reiterated his organization's support for Act 1104.
"There seems like there needs to be some additional discussion and enforcement there," Eddington said.
Holland testified Friday the agency began investigating after receiving complaints hogs bearing identifying tags had been killed outside all three fenced ranches. The agency's staff confirmed two hogs escaped from Rolling R, and also found the ranch's fences were 7 inches shorter than the 60 inches required by commission regulations.
Dave Richardson, owner of Rolling R, acknowledged tagged hogs had escaped from his facility but said he'd reported the escapes as required by the commission's rules. He also agreed his fences didn't comply with the commission's regulations but asserted they had been "grandfathered" by Act 1104.
Richardson's position prompted a lengthy discussion about the meaning of the term "grandfathered."
State Sen. Terry Rice, R-Waldron, and state Rep. Lane Jean, R-Magnolia, testified in favor of Rolling R, saying they expected all three ranches would be allowed to remain open.
Holland and Assistant Attorney General Grace Ellen Rice argued it made no sense for Act 1104 to specify the commission would regulate the ranches if it also made the ranches exempt from the agency's oversight.
Richardson testified he had reduced the size of his ranch from 220 acres to 40 acres so it would be easier to maintain his fences but said hogs had escaped through openings caused by vandals and falling trees.
Commission Chairman Mack Hayden of Russellville said during the hearing that revoking Rolling R's license seemed too harsh, since livestock escape from even well-run farms and ranches. He said he would prefer to impose a fine or probation on Rolling R for what was effectively a first offense. "The word we're struggling with is 'will,'" he said, referring to the commission's swine regulations.
In response to a question from the commission, Rice told the members they had no authority to impose a lesser penalty.
Hayden and Commissioner Rick Benson of Imboden voted against immediately pulling Rolling R's license. Commissioners Scott Sullivan of De Queen and James Smith of Fayetteville voted in favor.
A motion to not revoke Rolling R's license "at this time" also deadlocked, with Hayden and Benson voting yes and Sullivan and Smith voting no.
Commissioners Ed Mabry of Batesville, Monty Henderson of Fayetteville and Greg Hale of Little Rock did not attend the hearing at the state Capitol.
"If we have the full commission [at a future meeting], we might have a more decisive vote one way or the other," Holland said in an interview Friday.
Richardson said after the hearing that he would raise his fences to the required height and ask the agency's staff to re-inspect his ranch.
"We recognize there's a hog problem in the state of Arkansas and it's growing," Richardson said. "We feel like we're part of the solution and not the problem."
NW News on 10/20/2015