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Re: Is it legal to shot a ear tagged deer?
[Re: GPS]
#6478594
10/03/16 05:00 PM
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Joined: Dec 2010
Posts: 1,666
John Humbert
Pro Tracker
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Pro Tracker
Joined: Dec 2010
Posts: 1,666 |
I think stxranchman is pretty spot on - but things can get muddy very fast. To my knowledge, there is no size specification on "breeding pens". There are some who consider a 50 or 100 acre pasture a breeding pen. Add into this the local LEO's and judges, and you be surprised on how things could turn out. I think the best thing to do is keep on good terms with your neighbors, and be respectful. While an escaped 200" deer on your property may be "fair game", some consideration to the LO who "lost" the animal should be considered and would go a long way in neighbor relations.
Here are some "examples" that I am aware of:
(1) Breeder lost a large deer escaped to neighboring property. The next spring the antlers/carcass were found on a neighboring ranch. The breeder demanded the antlers returned. He eventually got them.
(2) Escaped zebras through downed fence because of a fire. The neighboring ranch allowed the original owner to retrieve the animals off his ranch and gave strict orders that the zebras could not be shot. After 2 years, still a couple of zebras unrecovered. Restriction on shooting them was lifted and all parties happy (although no one has shot one yet to my knowledge).
(3) Well known and easily identified Monster buck escaped off HF ranch due to flood break in fence. Less than a week later, the monster buck was shot on the neighboring property. Original "owner" of the deer got pizzed and sued LO who shot. Local GW supported and Judge upheld the lawsuit, citing he should have had a "reasonable" time to recover animal.
(4) A number of WT and exotics "escaped" to a neighboring HF through a break in the fence that happened under questionable circumstances. The receiving landowner sold and shot several animals. A lawsuit was filed, and the shooting landowner had to pay for shot animals, plus a hefty punative damages.
(5) On a south Texas ranch, several ear-tagged bucks escaped onto a neighboring LF property, which was leased to hunters. The LO of the leased property asked/told the hunters not to shoot the tagged bucks, but the lessors felt there lease agreement gave them right to hunt any legal buck (as was outlined in the agreement). They shot one of the tagged bucks, but kept it real quiet.
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Re: Is it legal to shot a ear tagged deer?
[Re: GPS]
#6478622
10/03/16 05:12 PM
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Joined: Dec 2010
Posts: 1,666
John Humbert
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Pro Tracker
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Posts: 1,666 |
I should also add I know of a case where a 180"+ buck escaped - the neighbors talked about it. Tried to recapture deer but was unsuccessful, and the originating landowner finally gave up and said "go ahead and shoot that sonabitch if you see him". The following year, the landowner's grandson, at a mere 13yo, shot that buck, which was scored officially around 190" if I recall correctly. He was hunting by himself, in a blind he made himself out of local brush, after seeing the buck the week prior. The kid never told anyone he saw it beforehand. Prior to this deer, the biggest deer ever shot on the property was "maybe 130". Everybody was very happy, even the original breeder. This story was not personal experience, but I read it in local Mason paper some years back.
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Re: Is it legal to shot a ear tagged deer?
[Re: GPS]
#6478651
10/03/16 05:32 PM
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Joined: Oct 2012
Posts: 71
Baldpate
Outdoorsman
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Outdoorsman
Joined: Oct 2012
Posts: 71 |
Spoke to the GW about this. He said that "the deer belong to the state". Any deer that is legal for harvest , can be harvested even if it has a tag (as long as it was on your property). In other words, not poached off a HF place !
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Re: Is it legal to shot a ear tagged deer?
[Re: Baldpate]
#6478740
10/03/16 06:30 PM
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Joined: Sep 2010
Posts: 35,891
txshntr
T-Rex Arms
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T-Rex Arms
Joined: Sep 2010
Posts: 35,891 |
Spoke to the GW about this. He said that "the deer belong to the state". Any deer that is legal for harvest , can be harvested even if it has a tag (as long as it was on your property). In other words, not poached off a HF place ! That's what I have always heard. Exotics are different
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Re: Is it legal to shot a ear tagged deer?
[Re: txshntr]
#6478754
10/03/16 06:37 PM
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Joined: Dec 2010
Posts: 1,666
John Humbert
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Pro Tracker
Joined: Dec 2010
Posts: 1,666 |
Spoke to the GW about this. He said that "the deer belong to the state". Any deer that is legal for harvest , can be harvested even if it has a tag (as long as it was on your property). In other words, not poached off a HF place ! That's what I have always heard. Exotics are different Yup, that is the official law.
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Re: Is it legal to shot a ear tagged deer?
[Re: GPS]
#6478805
10/03/16 07:13 PM
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Joined: Aug 2010
Posts: 60,296
stxranchman
Obie Juan Kenobi
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Obie Juan Kenobi
Joined: Aug 2010
Posts: 60,296 |
See this is where things get fuzzy. I have been told he has breeding pens with breeding bucks. But so far we only know of the 2 does that have escaped and are on our land. He can be releasing deer onto his ranch if it is HF. If they escape the HF then you are okay. Once he released them into the HF they fall under TPWD rules and regs for hunting. His loss is your gain.
Are idiots multiplying faster than normal people?
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Re: Is it legal to shot a ear tagged deer?
[Re: GPS]
#6478816
10/03/16 07:20 PM
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Joined: Nov 2014
Posts: 7,789
Mr. T.
THF Trophy Hunter
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THF Trophy Hunter
Joined: Nov 2014
Posts: 7,789 |
Boy, I would let those does live and breed for as long as I could until they died a natural death.
Cabin rental in Pagosa Springs, Co. Sleeps 10, If interested please PM me.
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Re: Is it legal to shot a ear tagged deer?
[Re: John Humbert]
#6478819
10/03/16 07:24 PM
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Joined: Aug 2010
Posts: 60,296
stxranchman
Obie Juan Kenobi
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Obie Juan Kenobi
Joined: Aug 2010
Posts: 60,296 |
I think stxranchman is pretty spot on - but things can get muddy very fast. To my knowledge, there is no size specification on "breeding pens". There are some who consider a 50 or 100 acre pasture a breeding pen. Add into this the local LEO's and judges, and you be surprised on how things could turn out. I think the best thing to do is keep on good terms with your neighbors, and be respectful. While an escaped 200" deer on your property may be "fair game", some consideration to the LO who "lost" the animal should be considered and would go a long way in neighbor relations.
There is a size limit on the individual breeding pen. I think they put in a size limit in the past few years for inventory purposes when someone wanted or had a pen over 100 acres. You can have a breeding pen of "X" acres but many will keep size down to be able to catch and tag deer for their annual inventory and report. The issue on an escaped deer into the wild is getting it back legally. You can not just go out and tranquilize or catch a "wild" deer without special permits. IIRC That is where the 24 hour grace period comes into effect once the state is notified. Also, any deer released from a breeder pen into HF has to show the release from the breeder facility and have their records update on TWIMS within 48-72 hours IIRC. Nowadays with CWD regs on breeders and a deer escaping onto a LF ranch I would think there is more legalities involved. Especially if the facility is not movement qualified or have all their CWD testing up to date. Someone who is a breeder would have to clarify any or all of my statements.
Are idiots multiplying faster than normal people?
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Re: Is it legal to shot a ear tagged deer?
[Re: Mr. T.]
#6478825
10/03/16 07:28 PM
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Joined: Aug 2010
Posts: 60,296
stxranchman
Obie Juan Kenobi
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Obie Juan Kenobi
Joined: Aug 2010
Posts: 60,296 |
Boy, I would let those does live and breed for as long as I could until they died a natural death. Any genetics those two deer alter will be short term while they are alive. They are going to breed to native deer. Half the genetics will be native and get watered down after that. Two deer are not going to alter or change genetics for long term.
Are idiots multiplying faster than normal people?
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Re: Is it legal to shot a ear tagged deer?
[Re: GPS]
#6478850
10/03/16 07:57 PM
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Joined: Jul 2015
Posts: 3,091
Always ready 2 hunt
Veteran Tracker
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Veteran Tracker
Joined: Jul 2015
Posts: 3,091 |
Makes you want to put up more TC on trails to see if a bucked escaped too. I agree with stxranchman, the two does genetics want make much alteration but there is hope. I agree let the ear tagged does pass.
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Re: Is it legal to shot a ear tagged deer?
[Re: Baldpate]
#6479070
10/03/16 10:01 PM
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Joined: Nov 2007
Posts: 1,203
GPS
OP
Pro Tracker
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OP
Pro Tracker
Joined: Nov 2007
Posts: 1,203 |
Spoke to the GW about this. He said that "the deer belong to the state". Any deer that is legal for harvest , can be harvested even if it has a tag (as long as it was on your property). In other words, not poached off a HF place ! This makes the most sense to me. I see as the responsibility of the breeder to maintain the fence. I get the whole poaching angle. If it's poached off his land, put them under the jail. If it escapes, then it becomes like any deer on the the lease and can be taken by the rules of the state, county and the lease agreement.
Greg
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