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Re: breeder buck [Re: colt45-90] #6612357 01/02/17 06:00 PM
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colt45-90 Offline OP
Texas colt45
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Texas colt45
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Joined: Aug 2006
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IF I were next door to hf, I would give the guy reasonable amount of time to get HIS buck. say, maybe 15 minutes elmer


hold on Newt, we got a runaway
Re: breeder buck [Re: TexFlip] #6612746 01/02/17 10:19 PM
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Originally Posted By: TexFlip
Originally Posted By: Bowman24

here's a copy of a previous post regarding this very issue...looks like a 10 day rule with an additional 5 day extention.



KS 196 6/8
Woodsman

Registered: 12/25/12
Posts: 192
Loc: Frisco, Texas
I understand this is the code for "breeder" deer, but why would it not apply in this case, is sounds to me the deer "escaped" and after 10/15 day become "free range" deer again.

Texas Administrative Code Next Rule>>

TITLE 31
NATURAL RESOURCES AND CONSERVATION
PART 2
TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 65
WILDLIFE
SUBCHAPTER T
DEER BREEDER PERMITS
RULE §65.605 Holding Facility Standards and Care of Deer
________________________________________
(a) The entire perimeter fence of a facility shall be no less than seven feet in height, and shall be constructed of department-approved net mesh, chain link or welded wire that will retain breeder deer. An indoor facility is acceptable if it meets the standards described in this section and provides permanent access to an outdoor environment that is sufficient for keeping the breeder deer in captivity.

(b) Immediately upon discovering the escape of breeder deer from a facility, a permittee shall notify the department. The permittee shall have ten days from the date of such report to capture only those breeder deer that are marked in accordance with Parks and Wildlife Code, §43.3561. All recaptured breeder deer must be returned to the facility from which the breeder deer escaped. If after ten days the permittee is unable to capture escaped breeder deer that have been reported in accordance with this subsection, the department may grant an additional five-day period for capture efforts to continue, contingent upon the permittee proving to the department's satisfaction that reasonable efforts were made to effect the capture during the first ten-day period.

Okay, so the breeder has 10-15 days to capture the deer. Where does it say I have to wait 10-15 days to shoot the deer?
It doesn't. All the 10-15 days is, is a time period in which the deer may be returned to the breeding operation. After the 10-15 days, the breeder has no claim to the deer and can not legally put him back in a breeder pen.


Criminally you're correct, it's all about what is not written. However, it is still consistent with what Bowman 24 posted because anyone can sue you for almost anything. Whether or not they win is another question. Like he said, there is no criminal offense if you kill the buck unless you have officially been notified, but you could still be sued.
If I knew the buck came from a known neighbor I would like to think I would notify them and give them an opportunity to get the deer back. Otherwise, all I know is I've got a monster in front of me that needs to be shot. If someone wants to sue me for something I had no reasonable way of knowing, there is nothing I can do.


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