Releasing Pen Raised Quail for hunting

I have the Private Bird Hunting Area, PBHA, for my Quail Hunting Preserve. I have for three years guided for private land owners in season hunting pen raised quail they have bought and released with Johnny Houses. I thought all was legal. I was helping a new landowner get set up to do quail hunting on his land, In Season, and he was told by TPWD that he needed the Private Bird Hunting Area license. I told him I did not think so and I got into it with TPWD and they have me convinced they are right. I hope someone can show me where they are wrong.

TPWD says the only way it is legal to use pen raised quail for hunting and training is to by the pen raised quail from a licensed Game Bird Breeder and leg banded with the license number for the PBHA and released on a tract of land licensed for a Private Bird Hunting Area in or out of season makes no difference.

TPWD says there is no provision in Texas law that allows for pen raised quail to be released for hunting and training in season with out the Private Bird Hunting Area license.

Does anyone have any insight on this???

The game warden is right. Went thru the same thing with my Johnny House.
The warden sed he would ignore the requirement if I released near the Johnny House but that if I released elsewhere or did anything commercial (like guide or sell hunts) I would need a private bird hunting area license. (They don't cost much Walter, I would go ahead and get one for the other property.) Mostly they want you to keep provenance records for your birds and band them some way before you release them so they can tell you aren't shooting wild birds.)
Banding is more of a pain than getting the license. You also need to post the area you release birds in. I was turned in to the warden by someone who saw my Johnny House and thought I was trapping wild quail. I hatched my birds with eggs I bought from a breeder --warden said that was okay. I just put a copy of the purchase receipt in a plastic bag and staple it to the Johnny House. You can buy aluminum bands with the bird hunting area number on it for the the band.

I would make more sense for out of season, but that’s the TPWD bureaucracy.

What part is against the law? Releasing them to hunt? Or hunting them?

I had a Johnny house across the road for over twenty years. I hosted NSTRA trials over there. We never banded any quail. I did have the invoice from Roadside Quail. I've been to only a couple of preserves in my life. I've never seen a banded quail. I've been to dozens of NSTRA trials in a dozen states.. I have yet to see a banded quail.

I’ve hunted at the place in Columbus. No banded birds there

Depends on the warden. But, the law is the law. Run into a Barney, and get out your checkbook.

First of all I have had my Private Bird Hunting Area for five years. I also have the Game Bird Breeders License which if required if I sell quail besides hunting on my land. I hate banding birds bad eyes old fingers and 2% feather loss in the handling.

I got in this issue helping a private land owner who wants to use pen raised birds during season and he does not want the bother of getting licensed and banding birds.

Law can not depend on the Warden, the law needs to be the law. What if Warden did not like something about someone.

It is correct that most quail hunting operations do not band birds and it seems to be the law.

If it is seems the one who purchased and released would be the guilty party. I am no lawyer.

Yes Bill I have also been to trials and competitions and no bands in sight, often no required signage and we seem to have laws on the books.

Correct Mundo

Just who is Barney going to ticket at a NSTRA trial?

I thought this was about somebody on their land? The warden told me he would fine me without bands. I was training my dog.

I would say they told you right.
I've never had a problem with shooting released birds in season. No leg band, but stayed within the legal limits of wild birds. This was only for dog training, and you don't shoot that many anyway.

To be perfectly legal, you would need a to follow all the rules of a game bird preserve.

My area warden told me he had no problem with us using pen raised for training on our property (he said he does the same thing) BUT - it has to be in season and no one can possess more than a limit.

If it's out of season or you have more than 15 per person he said they have to be banded.
I've never bought a banded bird but we keep it legal.

ttt