The discussion in another thread brings up the point that being human, TPWD officers can make mistakes when it comes to interpreting laws and restrictions.

Have you ever seen a case where your local TPWD officer was found to be incorrect after you checked with TPWD officials in Austin, or with Federal officials in cases involving migratory game birds?

I can remember one minor incident several years ago when an officer questioned the manner in which I marked the back of my license after taking a buck. I had checked the box that stated I had taken a buck with a minimum 13-inch spread. He told me I should have only checked the box if I had taken a spike. Upon closer inspection, he found that my license had been printed on license paper from the previous year in which the boxes were marked differently than the current year.

I've never had a ticket from a game warden and don't plan to get one. The laws are not hard to understand and if there's grey area I call the warden. I don't like arguing with law enforcement so I listen to what he says and take it even if I think I'm right and he's wrong.

Tried to fight a traffic ticket once, I was right and the officer was mistaken. Lost a day of work and still had to pay the ticket.

The question was really directed at those who checked on the correct interpretation of game laws before being issued a citation.

Best thing TPWD does is allow you to email them questions, then you have your question/answer documented in writing.

When I worked for the outdoor newspaper, we had a lot of issues like this come up. Duck hunting over millet (manipulated vs. non-manipulated), dove hunting near a feeder (baiting vs. not baiting), and multiple others where the law really was grey depending on the issue. I'd get quotes from the local county GW, then have someone in Austin higher up the chain say the opposite. They get confused like we do.

Bottom line is- if you have a question, call your local county warden. Invite him out to your lease and let him see that you aren't trying to break the law. Most of them (a few exceptions) are hunters, really good guys and they are just trying to do their jobs.

Law enforcement officers are often wrong. This says a lot more about all the convoluted laws than it does about them.

Sure,
I was sculling a canoe shooting Dove on a corps lake. Game warden told me my boat had to be beached, anchored, or tied up, and not under way. I was also told I could only shoot waterfowl from a boat. I knew both was legal to do and legal game for the location, but did not argue the point. The game warden was polite and did not give me a ticket. I believe the issue was the fact that it was an older long time warden. Early in his career he would have been correct, but regulation wording for shooting "waterfowl" from a floating craft had changed to "migratory game" several years ago. And "Under way only applies if by motor or sail". Hunting migratory game by sculling with no motor or sail is legal. I handled it by stopping what I was doing and thanking the game warden, then when I got home I emailed TPWD law enforcement in Austin with questions for the same hunting scenario. Then I printed out my reply and carried it with my license when hunting that way. Problem solved. I had a conversation just last week with a lifetime waterfowl hunting guide where the gentleman told me shooting ducks from a paddled moving pirogue was illegal per his game warden. It probably was when he was told. It is a common misconception.

I've had wardens in the same boat disagree on laws and three of them all pulled out books and started reading and looking for laws and then decided that I was somehow in violation and wrote me a ticket and took all my crab legs and put them on ice in their boat. It wasn't until I called the office that I got the explanation of the law and they said we found it on a different page from the page listed for crabs. Well freaking thanks for that!

Yes...wanting to issue <13" tickets (make contact) via harvest log on a MLD3 lease. I knew the answer to that one since I helped put the mgmt plan together. His attitude sent that one South.

Not in Texas, But in California we had a State Game warden make a call on a young snow goose that was later over ridden by a Federal Game Warden that we took our issue to. Back in 1987...

I did hunt with a crazy Cali Duck hunter that once played a mean trick on a brand new California female game warden. She as she checked us out in the field, he said Oh you got me, I do not have a plug in this gun. He handed her his over and under and she whipped out her ticket book just as a senior training warden approached us... Needless to say the lady was quite red faced..

The Game wardens in California were much more hostile back then versus the Texas game wardens,that I have dealt with here over the years. Kinda of a Public Hunting land versus private hunting land thing. Nearly all the warden's I have encountered in North West Texas have been very professional and respectful to deal with. Yet another reason I like living and hunting in Texas versus California....

Word^^^^^^^

Game warden on Lone Star Law said it was illegal to hunt hogs without a license...which isn't quite true.

Unless something has changed recently, The Texas Hunting and Fishing Annual Guide has always stated that to hunt Feral Hogs a Hunting License is required. If this has changed in the last few years then I apologize.

Closest I've ever had was 2 different wardens patrolling the same area telling me two different things on an area of a wma that i was duck hunting. One said it was okay other said it was not. The biologist for the wma was hunting the area as well. I emailed Austin and there interpretation was that it could not be duck hunted at which point i bounced a question off the Austin representative and he could not answer. The next year the map changed and it clearly showed the area as huntable at which case the rest of north Texas started hunting it instead of just half.

Hunting and protecting your property are two different things.
If you have a license you are requires to retrieve the game to avoid waton waste. If your a farmer protecting your property from invasive hogs you cannot retrieve the hog.

So hunting is the key word there.

Thats incorrect as well, you have no need to retrieve feral hogs. Wanton waste does not apply.

Manual does not state that a landowner cannot keep feral hods shot while doing damage.

Not correct.

The law is quite clear. It is against the law to 'Hunt an exotic without a valid hunting license.'. The following link (http://www.tpwd.state.tx.us/publicat.../hunt/nongame/) states at the beginning of the first section covering 'Nongame and other species' that the subject of feral hogs is covered in the 'Exotic Animals and Fowl' section by stating 'Does not include feral hog (see Exotic Animals and Fowl).'. The Exotic Animals and Fowl section reads as follows:

EXOTIC ANIMALS AND FOWL
Exotic animal refers to grass-eating or plant-eating, single-hoofed or cloven-hoofed mammals that are not indigenous or native to Texas and are known as ungulates, including animals from the deer and antelope families that landowners have introduced into this state. Includes, but is not limited to feral hog, Aoudad sheep, Axis deer, Elk, Sika deer, Fallow deer, Blackbuck antelope, Nilgai antelope, and Russian boar. Exotic fowl refers to any avian species that is not indigenous to this state, including ratites (emu, ostrich, rhea, cassowary, etc.).
There are no state bag or possession limits or closed seasons on exotic animals or fowl on private property. It is against the law to:

* Hunt an exotic without a valid hunting license.
* Hunt an exotic on a public road or right-of-way.
* Hunt an exotic without the landowner's permission.
* Possess an exotic or the carcass of an exotic without the owner's consent.

Penalty: A person who violates these laws commits an offense that is a Class A Parks and Wildlife Code misdemeanor ($500-$4000 and/or up to one year in jail

That's a ridiculous statement. Unless you are saying wardens are so ignorant they can't even understand simple laws. Plenty of examples of wardens not knowing the laws they enforce above.

Here's another example. I own 3 ranches under mld. Since it is physically impossible for me to be 3 places at once, I pre sign all mld tags and give them to my hunters. The warden at one of my ranches strolled into camp and issued a citation to my hunter because I pre signed the mld tag. I called the warden when I found out and explained the law and asked him to check it out, and next time to use a little more logic before whipping out his citation book. He ended up apologizing for his mistake.

So, you're left with 2 options. Either the laws are so complicated the folks enforcing them struggle to stay current, or wardens are too ignorant read and comprehend.

You don't have to keep a feral hog if you shoot it, however, you need a hunting license if you do. You can kill any hog you want but an animal causing damage and that is killed for that purpose can't be kept if you don't have a license..

http://articles.extension.org/pages/63677/texas-hunting-license-requirements-for-feral-hogs

ducknbass, nowhere in what you posted does it state that a landowner cannot retain hogs killed due to depredation. Nor does it state anywhere that someone hunting them must retrieve the dead hog and keep in edible condition. A feral hog is not a game animal, therefore "wanton waste" laws do not come into play. You may shoot all the feral hogs you want and leave them lay, whether you are a landowner killing the hogs without a license due to depredation, or a hunter with a license killing feral hogs for population control, etc.

I don't know I guess I haven't met these ignorant Wardens. I believe y'all but it hasn't happened to me. What I meant by my statement is if I don't know the law or can't interpret it, I call the guy that writes the tickets and ask him. There's not a lot of times that I call, MOST laws in the book are cut and dry. Case in point the above post saying you must retain hogs because of wanton waste, book doesn't say that anywhere and it isn't true, not sure how that interpretation was reached. Only once did my county warden say he didn't know and would have to call Austin for my answer. If he's not sure, he finds out. Sounds like I should thank him for that after reading about ignorant wardens not knowing their job and writing tickets when no laws are broken.

Lots of the laws that are asked about on here over and over are quick yes and no questions for the wardens I deal with, guess I'm just lucky to have the wardens I have.

You don't need a hunting license to shoot depradating feral hogs. That's under the "exceptions" section for depradating animals quoted above.

Because all feral hogs are depradating, for all practical purposes you don't need a license to hunt them. That said, 99.99% of the people that hunt them will have a license anyway.

What fouzman said about wanton waste. Doesn't apply to hogs topside or bottom.

I could be wrong about landowner retention under depredation, but don't think so. I believe the confusion came about because of landowners killing whitetails under a depredation permit. In that case, the shooter cannot retain the deer out of season, he must leave them lay. If it is during season, the landowner or his agent may retain the deer but it must be tagged with a valid tag from hunting license or MLD.

Maybe I just don't argue with the warden enough. I've made this call and was told the depredation has to be happening to YOUR land or livestock. Basically if the farmer is protecting his wheat from hogs or his cows from coyotes no license is needed. If I'm going spotlighting to help the farmer out, I'm hunting and need a license. Seemed to make sense so I didn't argue, maybe he's wrong nobody is perfect, but he has the ticket book so I ask him lots of questions.

Me and the warden hunt together when he has time so maybe I just trust his word too much.