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Re: High fence elk escaped not tagged ? [Re: Cattleman] #5388625 10/30/14 02:47 PM
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Weegs Offline
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"Elk in Texas are not considered an exotic, BUT if they have a tag or brand, you must still obtain the animal owners permission before shooting it."

If Elk are not an exotic, what is the season on the thing?

Re: High fence elk escaped not tagged ? [Re: Cattleman] #5388685 10/30/14 03:09 PM
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BOBO the Clown Offline
kind of a big deal
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Elk are exotics but you better make sure your lease covers you for exotics or you could get a ticket, If your landowner gets unhappy about it.

Again if owner of the elk can prove its his you will loose it.


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Re: High fence elk escaped not tagged ? [Re: sqiggy] #5388780 10/30/14 03:45 PM
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Originally Posted By: sqiggy
SSS
Shoot
Skin
Shut-up


x2

Re: High fence elk escaped not tagged ? [Re: Cattleman] #5388834 10/30/14 04:09 PM
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1860.colt Offline
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Originally Posted By: Cattleman
Is it legal to shoot an elk that has escaped from a high fence that has no ID marks? I know it may not be ethical if you know where it came from however is it legal? I ask because one escaped from an area ranch and came on us and the question about legality came up . The elk has since been captured and returned home . Who knows the correct answer. I haven't had a chance to ask a GW yet.
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scratch good question. theirs all kinds of loop-holes. 1) u stated it was escaped from high fence. taking from that free roaming elk not the norm in your area. we had an emu wander here, found out owner, gave call, helped catch, just grabbed it by foot & gently flipped it, proubly not smartest way. ethical ta shoot something that escaped. does the rancher sell elk hunts, are they his pets. see it was captured & returned. ethical ta shoot? Edit: U asked Legal ta shoot, my English tis bad confused2 popcorn flag



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Re: High fence elk escaped not tagged ? [Re: BOBO the Clown] #5388913 10/30/14 04:42 PM
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1860.colt Offline
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Originally Posted By: BOBO the Clown
Originally Posted By: Cattleman
Yes they had permission they knew I would shoot it if they didn't get it.


Don't blame you. Hell on feeders

scratch legally wouldn't the owner of the elk be liable for dammages. Sooooo many loop-holes. hopefully owner of elk would offer ta pay for dammages. cheers on giving them permission, could have turned out ta be scene out of an old western movie, rangewars . popcorn glad ta see it was handled peacefully, as far as ruining hunting goes stray dogs, keep things moving here, yet still get pics of deer & hogs. flag



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Re: High fence elk escaped not tagged ? [Re: Cattleman] #5389344 10/30/14 08:02 PM
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1. Since much of Texas has "open range" laws, the animal/live stock owner may not always be liable for damage done by one of his animals. If he was honorable he would pay for the damages but in some areas the land owner is responsible for erecting a fence to keep unwanted animals out.

2. Elk are considered exotic in Texas.

3. I find a half dozen or so Elk on my trail cameras every few months (Rocksprings Area). They will consume a ton of protein/corn in no time (literally a ton)

Last edited by doogie; 10/30/14 08:07 PM.
Re: High fence elk escaped not tagged ? [Re: 1860.colt] #5389355 10/30/14 08:08 PM
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BOBO the Clown Offline
kind of a big deal
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Originally Posted By: colt.45
Originally Posted By: BOBO the Clown
Originally Posted By: Cattleman
Yes they had permission they knew I would shoot it if they didn't get it.


Don't blame you. Hell on feeders

scratch legally wouldn't the owner of the elk be liable for dammages. Sooooo many loop-holes. hopefully owner of elk would offer ta pay for dammages. cheers on giving them permission, could have turned out ta be scene out of an old western movie, rangewars . popcorn glad ta see it was handled peacefully, as far as ruining hunting goes stray dogs, keep things moving here, yet still get pics of deer & hogs. flag


Fence in/out laws only apply to live stock.

There are no financial reprocussions of shooting an elk WITH landowner permission. But like I said before if own can prove its his you will loose procession

It happened a few years ago due west of Fort Worth


Donate to TX Youth hunting program.... better to donate then to waste it in taxes

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Re: High fence elk escaped not tagged ? [Re: Cattleman] #5389390 10/30/14 08:32 PM
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No offense to anyone here, I want to see the law on the matter. So far, this is all I can find. Wow, TPWD, how vague can you get?

http://www.tpwd.state.tx.us/landwater/land/habitats/faq/law_enforcement/hunt16.phtml

Quote:

Frequently Asked Questions

Hunting

Are exotic animals that happen to show up on my property fair game?

It depends! If an exotic animal has a visible tag, brand, or other identifying mark, a person should contact the local sheriff's office and report the exotic animal. Texas estray laws apply to marked exotic animals and the local sheriff is responsible for their enforcement. Exotic animals that are not marked and are free ranging that have wandered onto private property may be hunted with a hunting license, provided the owner of the property allows hunting. However, if an exotic animal appears on your property and you know that it is privately owned, then the ethical approach is to contact the owner.


And this:

Quote:

Texas Agriculture Code
Chapter 142. Estrays


Sec. 142.0021. OWNERSHIP OF EXOTIC WILDLIFE AND FOWL. A person may claim to be the owner of exotic livestock or exotic fowl under this chapter only if the animal is tagged, branded, banded, or marked in another conspicuous manner that can be read or identified from a long distance and that identifies the animal as being the property of the claimant.

Added by Acts 1993, 73rd Leg., ch. 203, Sec. 2, eff. Sept. 1, 1993.

Sec. 142.003. DISCOVERY OF ESTRAY; NOTICE. (a) If an estray, without being herded with other livestock, roams about the property of a person without that person's permission or roams about public property, the owner of the private property or the custodian of the public property, as applicable, shall, as soon as reasonably possible, report the presence of the estray to the sheriff of the county in which the estray is discovered.
(b) After receiving a report under Subsection (a) of this section that an estray has been discovered on private property, the sheriff or the sheriff's designee shall notify the owner, if known, that the estray's location has been reported.
(c) After receiving a report under Subsection (a) of this section that an estray has been discovered on public property, the sheriff or the sheriff's designee shall notify the owner, if known, that the estray's location has been reported, except that if the sheriff or his designee determines that the estray is dangerous to the public, he may immediately impound the estray without notifying the owner. If the owner does not immediately remove the estray, the sheriff or the sheriff's designee shall proceed with the impoundment process prescribed by Section 142.009 of this code.


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Re: High fence elk escaped not tagged ? [Re: BOBO the Clown] #5389407 10/30/14 08:41 PM
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Originally Posted By: BOBO the Clown
Originally Posted By: colt.45

scratch legally wouldn't the owner of the elk be liable for dammages. Sooooo many loop-holes. hopefully owner of elk would offer ta pay for dammages. cheers on giving them permission, could have turned out ta be scene out of an old western movie, rangewars . popcorn glad ta see it was handled peacefully, as far as ruining hunting goes stray dogs, keep things moving here, yet still get pics of deer & hogs. flag


Fence in/out laws only apply to live stock.

There are no financial reprocussions of shooting an elk WITH landowner permission. But like I said before if own can prove its his you will loose procession

It happened a few years ago due west of Fort Worth

sometimes its about how ya handle things. flag



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Re: High fence elk escaped not tagged ? [Re: kry226] #5389435 10/30/14 08:54 PM
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cheers 1st quote bottom part, then read catttlemans original post. flag



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Re: High fence elk escaped not tagged ? [Re: Cattleman] #5390036 10/31/14 02:31 AM
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Looks like yall got it sorted out. Just to point out some exotics could be have a tatoo under their lip/on their gum.

Be careful pulling the trigger. SSS

Re: High fence elk escaped not tagged ? [Re: Leonardo] #5390374 10/31/14 11:28 AM
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Originally Posted By: Leonardo
Looks like yall got it sorted out. Just to point out some exotics could be have a tatoo under their lip/on their gum.

Be careful pulling the trigger. SSS

Looks like you're fine if thats the case. It clearly states a visible tag that can be seen from long distances.

Re: High fence elk escaped not tagged ? [Re: Cattleman] #5390556 10/31/14 01:37 PM
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no tag, no mark. dead animal. end of story.

Re: High fence elk escaped not tagged ? [Re: ChrisB] #5390558 10/31/14 01:38 PM
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yep. these aren't pets. no need to dart an fallow and have a vet do a body scan for a chip implant. lol

Re: High fence elk escaped not tagged ? [Re: ChrisB] #5390581 10/31/14 01:49 PM
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Originally Posted By: ChrisB
Originally Posted By: Leonardo
Looks like yall got it sorted out. Just to point out some exotics could be have a tatoo under their lip/on their gum.

Be careful pulling the trigger. SSS

Looks like you're fine if thats the case. It clearly states a visible tag that can be seen from long distances.

confused2 so is it Legal or Not Legal that is the question. flag



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Re: High fence elk escaped not tagged ? [Re: sectxag06] #5391164 10/31/14 07:28 PM
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Originally Posted By: sectxag06
no tag, no mark. dead animal. end of story.

Yep, I think I'm in this camp. I got too much into my place to have some exotic stroll through and jack up all my stuff, or even compete with the WTs and Muleys.


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Re: High fence elk escaped not tagged ? [Re: BOBO the Clown] #5391325 10/31/14 09:16 PM
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Originally Posted By: BOBO the Clown
if own can prove its his you will loose procession

It happened a few years ago due west of Fort Worth

scratch hmmmm, think Cattleman did right thing bye giving permission. is their free ranging elk in that area flag



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Re: High fence elk escaped not tagged ? [Re: Cattleman] #5397384 11/04/14 02:01 AM
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Were you able to contact your GW? What was his advice?

Re: High fence elk escaped not tagged ? [Re: Cattleman] #5397424 11/04/14 02:18 AM
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so if one of there whitetails gets out are they fair game, I say yes, same as the elk,

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