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#6458596 - 09/19/16 11:07 AM Shooting a deer in state water
jorge Offline
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Registered: 02/01/11
Posts: 3944
Loc: Lake Jackson, TX
While duck hunting down in lower laguna madre I have seen lots of deer with all 4's in the water. I've heard of guys getting them legally. Is this accurate. I read statutes and chp 62 mentioned this topic. Trying to get some clarity on the situation. Friends and I want to plan a hunting trip if it is legal, since I saw some good deer last year by one of my duck spots.
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#6458599 - 09/19/16 11:08 AM Re: Shooting a deer in state water [Re: jorge]
titan2232 Online   content
Veteran Tracker

Registered: 12/29/14
Posts: 3004
Loc: Conroe, TX
popcorn
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#6458622 - 09/19/16 11:22 AM Re: Shooting a deer in state water [Re: jorge]
fouzman Online   content
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Registered: 08/09/10
Posts: 1007
Loc: Houston, TX

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#6458661 - 09/19/16 11:43 AM Re: Shooting a deer in state water [Re: fouzman]
jshouse Online   content
THF Trophy Hunter

Registered: 01/24/10
Posts: 6234
Loc: Rockwall


that gets interesting
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#6458686 - 09/19/16 11:58 AM Re: Shooting a deer in state water [Re: jshouse]
therancher Online   content
THF Trophy Hunter

Registered: 07/09/13
Posts: 5338
Loc: Mountain Home, Uvalde, and Big...
I know the O'Conners ain't happy with what they consider is tresspassing based on treasure hunting articles I've read. That's further up the coast than where you're talking about though.

I have no clue why a deer is worth taking that kind of risk. But knock yourself out.
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#6458707 - 09/19/16 12:16 PM Re: Shooting a deer in state water [Re: jorge]
jorge Offline
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Registered: 02/01/11
Posts: 3944
Loc: Lake Jackson, TX
It's not worth the risk if the legality isn't there. I know 3guides with air boats that run hunts this way and do very well between Baffin and South Bay.
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#6458716 - 09/19/16 12:27 PM Re: Shooting a deer in state water [Re: jorge]
jorge Offline
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Registered: 02/01/11
Posts: 3944
Loc: Lake Jackson, TX
That's an interesting topic on txbowhunting. I definitely don't want to get crossways with anyone, and I understand what is legal isn't ethical and vice versa. I'm talking about a deer actually crossing chest deep or deeper in a public waterway
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#6458753 - 09/19/16 12:57 PM Re: Shooting a deer in state water [Re: jorge]
redchevy Online   content
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Registered: 10/25/04
Posts: 23407
Loc: Texas
Man I may be out in left field, but I swear I read somewhere once that it was against the law to shoot deer crossing waterways.

Seems like weather if it was legal by the letter of the law or not it would at least be unethical/off color to the adjoining property owners. How would you like it if you had property on a small creek or river and had folks in johnboats paddling up the river shooting deer off the river banks... weather they had 4 feet in the water or not. I wouldn't do it.
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#6458815 - 09/19/16 01:38 PM Re: Shooting a deer in state water [Re: jorge]
Mr. T. Online   content
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Registered: 11/05/14
Posts: 1617
Loc: Fort Worth - Hunt in Eastland ...
I did not buy some land in West Texas that had a river running through it. The property owned both sides of the river. The real estate agent stated that I would only have trouble with hunters opening weekend and Thanksgiving, as the law said they could float down the river and shoot any deer that was in the waterway. I asked if he was sure the law allowed that? He said yes he was sure that was the real reason that the land was up for sale. That even when he pointed out a pool of blood on his property to the GW the hunters said that they shot the deer in the river and it ran up the bank and died on his property that is the reason for the blood. The GW, said nothing really that he could do.
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#6458839 - 09/19/16 01:56 PM Re: Shooting a deer in state water [Re: jorge]
Herbie Hancock Online   content
Bird Dog

Registered: 08/23/16
Posts: 459
Loc: Cypress, Texas
That's extremely unethical in my opinion, however if I remember correctly any navigable body of water is state owned lands.

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#6458856 - 09/19/16 02:10 PM Re: Shooting a deer in state water [Re: jorge]
Mr. T. Online   content
Pro Tracker

Registered: 11/05/14
Posts: 1617
Loc: Fort Worth - Hunt in Eastland ...
Yes any navigable body of water. And that does not mean that you have to be able to drive a motor boat down it. A canoe that you have to get out and drag every now and then makes the waterway navigable.
But also it is from "high water mark to high water mark", so if the river is low than you could shoot a buck standing on the bank and still be with-in the legal limits of the law.
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#6458895 - 09/19/16 02:37 PM Re: Shooting a deer in state water [Re: jorge]
hook_n_line Online   content
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Registered: 01/20/12
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#6459625 - 09/19/16 09:10 PM Re: Shooting a deer in state water [Re: jorge]
jorge Offline
Extreme Tracker

Registered: 02/01/11
Posts: 3944
Loc: Lake Jackson, TX
95% of the area we hunt waterfowl is bordering public land. So I wouldn't have any issue taking a deer from public lands. Unless I go to Baffin and that's out of the way would I be near private land
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#6459660 - 09/19/16 09:34 PM Re: Shooting a deer in state water [Re: jorge]
kk66 Offline
Woodsman

Registered: 04/10/07
Posts: 173
Loc: San Antonio, Texas
In that area it probably isn't legal. There was a case from the corpus court of appeals 8-10 years back where a guy was appealing a conviction for hunting without landowner consent. He appealed up arguing that he was inadvertently trespassing as he thought he was on the tidelands public property. Court upheld the convictiOn on grounds that even if he was on state property the property wasn't listed in the aph book so he didn't have the states permission to hunt it so he was still hunting without landowner permission

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#6459945 - 09/20/16 08:25 AM Re: Shooting a deer in state water [Re: kk66]
Herbie Hancock Online   content
Bird Dog

Registered: 08/23/16
Posts: 459
Loc: Cypress, Texas
Originally Posted By: kk66
In that area it probably isn't legal. There was a case from the corpus court of appeals 8-10 years back where a guy was appealing a conviction for hunting without landowner consent. He appealed up arguing that he was inadvertently trespassing as he thought he was on the tidelands public property. Court upheld the convictiOn on grounds that even if he was on state property the property wasn't listed in the aph book so he didn't have the states permission to hunt it so he was still hunting without landowner permission


This is what I would think would happen if taken to court every time.

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