Part of our lease boarders a high fence deer breeder and we found out this week that at least 2 of his does have escaped and now are on our property, we have them on game camera. The owner of the high fence has already informed us of this and he knows that he won't be able to get them back. As a group, we have all agreed not to harvest either doe.

One of the guys made a comment that it is illegal for anyone to shoot a deer that is tagged, is that true?

Once they are released they fall under TPWD rules and regs. So you can shoot them as you would any other doe...bling or no bling.

That's what I thought, but this member was pretty confident that they could not be harvested. I haven't read the regulations yet. Thought I would check here and see what others have to say.

I'd let them live to pass on their genes to their future baby bucks

You can shoot one with an ear tag. Doesn't matter if it has a tag at all.

SapperTitan, we are, that's the plan.

As mentioned, nothing illegal about it.

This is probably going to rile some folks but I haven't done that in a while. If you shoot an ear tagged animal that has gotten out of a HF is that like shooting it in a HF? If not then how is shooting an animal in a HF that has jumped in not like shooting it in a LF.

He has a point you know

You can shoot, but why would want to? Free genetics.

We are not going to shoot the doe. We want the genetics. I just had member state with some certainty that even though the doe was on our place and the owner new it and said they were not going to try and retrieve it, it was illegal for anyone to shoot a deer that was tagged.

Let him keep thinking that.

He could be thinking of exotics, whitetail don't fall into that category. I remember reading that you are obligated to notify the owner or make an effort to find the owner of an exotic with a tag or clear (visible) marking denoting ownership. If the owner cannot reasonably capture the animal or has no desire to attempt, then the animal can be taken. If the animal has no visible markings, then it is free game.

I didn't look the article back up, so the wording above might be a little off, but it gives the idea

There was a story about a buck that escaped a HF and was shot. The taxidermist that the hunter took the animal to had pictures of the buck because the owner of the HF place thought that someone had poached the animal. The taxidermist notified the owner and authorities. Upon investigation, the hunter was able to show the animal on his TC prior to the weekend he took the animal. That TC picture very well could have saved him a lot of hassle.

There is a difference between escape and release of WT from a breeding pen.

Thought the release of a deer into LF was illegal now? So, if you saw one now, chances are it escaped...correct?

And what is the difference?

The doe escaped, it was not released. This HF just started up 2 years ago. I can't imagine he is to happy to have one of his breed stock doe out. Again, he notified us about the doe and later this week it showed up on one of our game camera's.

With a whitetail, I don't believe that it matters how it got out, it is out and falls under the rules and guidelines of TPWD. I was just saying that your member might have the rule he is stating mixed up with exotics since they typically come off HF places too.

I was just seeing where STX was going with his statement...it is always interesting

It is illegal to release onto a LF property. If deer was legally released into a HF then jumped out of HF or flood or storm took out the fence and deer got out, hunting the deer would fall under the TPWD rules on the property it is on. Still could be ear tagged but not released into the LF.
Same could happen with a breeding facility in a storm or flood also but different rules apply for a short term. The problem then is that the deer is in inventory of the breeder pen and they have to account for it and what happened to it immediately. IIRC if a deer escapes from a breeding pen into the wild the LO has to notify TPWD and then he has 24 hrs to try to get it back(if he can get LO permission). Not exactly sure, but think that is the way it used to be. What would happen after they notify the TPWD about the escape is something I have no idea how to answer. Someone in the breeding industry might know the exact law nowadays and correct that if I am wrong.

Basically what I was saying and thought. I didn't know that the HF owner had the right of recovery, even if the deer was in their inventory though. I had always been under the impression that since WT were native and "property of the state", that they were treated different than livestock, as exotics are.

Be interesting to see if one of the breeders has more info

Once released into HF they are under state laws. Escape directly from a breeder pen into another ranch it would be different. Luckily these does fall under the first scenario.
Even with exotics there was a law passed years ago that allows a short amount of time to recapture if it is possible. Most don't try unless it is an expensive or rare exotic.
This is what I remember it being just not 100% sure nowadays with all the changes.

Interesting how complex this is. So as I stated, we have agreed not to take the doe(s). Now, he also has breeding buck and I understand he wants to be one of these HF pay for the buck you want operations. If a a tagged buck gets out and on our property do the rule change for the buck? Or could we harvest him like we could the doe?

If he gets out of a HF ranch and not a breeding facility, a buck is the same as a doe for regs.

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.

You are cleared, weapons hot!