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Re: Would You or Wouldn't You???? [Re: HWY_MAN] #139621 01/23/07 09:51 PM
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just because they have them does mean they own them. i am sure there is alot of paperwork they have to go through to buy them and tranfer them to another place.

if you could own them then you would be able to hunt them year round. right? they are yours to do with what you please.

this goes back to the high fence debate. texas owns the deer so some people dont agree with people being able to keep them in a fence.

this is from the TPWD site:

Sale of Deer Antlers and Other Parts
The law prohibits the sale of any game animal, game bird, or protected bird or any part thereof EXCEPT that DEER: ANTLERS, HIDES, BONES, SINEW, and OTHER INEDIBLE PARTS may be sold. http://www.tpwd.state.tx.us/publications/annual/hunt/taxidermist/




Re: Would You or Wouldn't You???? [Re: ThaDude] #139622 01/23/07 09:56 PM
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From what I've read, under current Texas law the state owns all white tail deer. Breeders have tried to get legislation passed (they had not succeeded at least up until last year) and have filed suits trying to change that result. But I believe the law is still that the state owns the deer. Here's an article from the Tyler Morning Telegraph re: a lawsuit by certain breeders.

DEER BREEDERS LAWSUIT ON OWNERSHIP COULD DIVIDE INDUSTRY IN THE FUTURE

By STEVE KNIGHT, Outdoor Writer

03/25/2006

In what comes as no surprise, a group of deer breeders has sued the Texas Parks and Wildlife Department. The group is asking a Travis County judge to rule on who actually owns the thousands of white-tailed deer and mule deer in breeding pens around the state.


It is no surprise because the possibility of a suit has been rumored for more than a year by deer breeders feeling they are being pushed further and further into a corner by TPWD rules. The breeders sought legislative relief last winter, but legislation to give ownership to the breeders never reached the House floor.

Legally the state owns all white-tailed deer and mule deer in the state, whether they are in the wild, behind a high fence or in breeder pens. The breeders now operate under TPWD regulations. There are about 800 breeding facilities with an estimated 40,000 deer in pens across the state. While deer typically sell from $2,500 to $10,000, at least one has sold for as much as $450,000.

By law, white-tailed and mule deer, including those from breeder pens turned into the wild, belong to the state. The lawsuit concerns ownership of the deer kept in breeding pens. Permitted deer breeders may buy, sell, breed, treat and even hunt released deer for spot. Operating under TPWD regulations, however, if a breeder is declared in violation of his permit he could be given 30 days to dispose of their deer.

The eight plaintiffs in the lawsuit, including two from Hunt and one from Navarro counties, claim ownership of the deer in the pen, and are seeking a decision as to whether the department has the right to take away their property.

In the suit, lead plaintiff James Anderton of Quinlan claims he submitted an application for renewal of his permit last April, but had never received it. Anderton told the Austin American-Statesman that he has spoken with department officials who told him he was in compliance and legal to operate as a deer breeder, but with 400 deer worth an estimated $1 million he feels uncomfortable without the actual permit.

Much could change in the next two weeks when the Parks and Wildlife Commission is scheduled to vote on revised rules for breeders. The revision, which is to be discussed at the Commission's April 6 meeting in Austin, is expected to include rules by which breeders could be denied permits to operate or could lose the permits they already hold.

While the lawsuit may be the beginning of a showdown between breeders and TPWD that could extend to deer released behind a high fence, it may also represent a rift between different factions of breeders.

Tyler native Lee Lasater, who along with his wife, Amanda, operate the Premier Ranch near Mason, prefers the current situation for a number of reasons.

"One of the reasons is, I just got off the phone with a man in Elk City, Okla., and he was telling me if they have a high fence they have to exterminate the deer that are in there and pay the state for them and buy deer from breeders. This could be expensive and take a long time to get a herd established," Lasater said.

He added another reason would be if Chronic Wasting Disease were ever found in the pens.

"I don't want that liability if they transmit a disease," Lasater said.

He also indicated concerns of working under the guidance of the Texas Agricultural Department, an agency run by an elected official as opposed to TPWD's appointed commissioners.

"I think it should be in Parks and Wildlife. You have commissioners, department biologists and the Whitetail Advisory Committee if you have a complaint," Lasater said.

Finally, when it comes to overall ownership, Lasater said the future of the deer breeding industry is closely tied to the future of deer hunting, and he doesn't want to see anything done that could create a disruption. In fact, Lasater is currently working with Safari Club International to come up with fair chase rules including how long a deer should be released in the wild before it can be hunted, and what determines a fair chase hunting operation under a high fence.

"These are items and issues that are coming down from a hunter's standpoint," he said.

Lasater said the fight was expected to intensify over the weekend at a Texas Deer Association show and auction in Fort Worth. As chairman of a TDA committee on mule deer and planning, a West Texas mule deer project, he was planning on addressing that aspect of the lawsuit over the weekend with other breeders.

"We need to step up to the plate and govern ourselves," Lasater said. "We need to stand up and take a position of hunters first and deer breeders second. If we don't, what are we out here doing?"

Steve Knight is Outdoors editor. He can be reached at 903.596.6277. e-mail: outdoor@tylerpaper.com


Last edited by OldChunkOfCoal; 01/23/07 09:58 PM.

But I'm gonna be a diamond someday
Re: Would You or Wouldn't You???? [Re: ThaDude] #139623 01/23/07 09:59 PM
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I'm confused, usually when it says for sale thats what it means. There are several breeders in TX, that actually sell the deer.

http://www.windy-b-ranch.com/breeders.htm

From the link.

Superior genetics from South Texas, Kansas and Iowa. Raised in 84 pens, with 24 pens under construction, in a new state-of-the-art facility covering 10 acres nestled in the beautiful Piney woods surrounding East Texas.

We have bucks, does and fawns for sale that will improve your deer herd.



Yes! A Weatherby does kill them deader.
Re: Would You or Wouldn't You???? [Re: HWY_MAN] #139624 01/23/07 10:02 PM
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Under the breeders permit you own said hoofstock.But not all tagged deer are bought.most are bred from stock bought years ago.They are all still legally owned by the breeder as long as they have all paper work in order.However once the deer escapes captivity it becomes the property of the state of Texas.No matter if it is in your front yard or public land once it gets beyond the boundries of the breeders compound it is free range.Now that being said there is still the fact of gentlmenly agreements between ajoining land owners.I know of a guy who has a property in the hill country beside one of the Y.O. ranches properties.One morning he received a knock on the door and it was the YO foreman and a game biologist,They told him the had a big elk out of their fence and by way of airiel survey the knew it was on his property.He said he was not really wanting to disturb the deer hunting right now by driving all over the place chasing an elk.They told him no need that if he saw the elk to shoot it,it was a huge 7 x 8 bull and then call them.They would come over pickup the animal witha backhoe take to their facilities,process it and mount the head for him and call him when it was done.He lives in Greenville which is east of Dallas off I-30.He saw it,shot it and called them.They did all they said they would and delivered the meat to him at his house 12 dats later and his mount showed up 6 months after that this has nothing to do with the post I just like tellin the storey hahahahahahahahahahahahahahah


Re: Would You or Wouldn't You???? [Re: HWY_MAN] #139625 01/23/07 10:02 PM
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dont be confused. they are breaking the law. you can not sell game animals.


Re: Would You or Wouldn't You???? [Re: HWY_MAN] #139626 01/23/07 10:06 PM
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What if wild game was bought in another state and transported here to texas,does the state of texas own them ?.
Lets say one of HWY_MAN's did get out and it was ear tagged,is he the person that had to pay for vehicle/personal damage ?.** I'm just using HWY_MAN as an example and hope it never happens. **



Not all those that wander are lost..

Back The Men in Blue that wears a badge










Re: Would You or Wouldn't You???? [Re: OldChunkOfCoal] #139627 01/23/07 10:08 PM
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Don't know exactly where your property is located that you are hunting, but last summer the high fenced property that had some ear tagged deer in it, next to our place were abandoned by the owner of those deer because the property was sold, and he had to move his trophy hunting operation off that ranch.

He tried to shoot out what animals he had on the place, but ended up having to leave the six gates open for about four days.

According to the foreman of the ranch several deer with tags were either still on the property or had escaped into the neighboring countryside.

I doubt that those deer are from that ranch but you never know, so if that would be the case then they would be fair game, since they were abandoned and escaped.

The Ranch was on the Atascosa and Bexar county line, south of San Antonio.

I would honor the wishes of the land owner in your particular case. Especially if you want to be able to hunt there long term.

What the land owners plans for those deer are his business, and if he doesn't want them shot I wouldn't even question his wishes, and just honor them. But that's just me!


Last edited by Jimbo; 01/23/07 10:27 PM.


Thursday at 12:45 PM
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Once i learned that i didn't "NEED" to kill something, and that if i did kill something all the fun stopped and work began, i was a much better hunter.
Re: Would You or Wouldn't You???? [Re: HWY_MAN] #139628 01/23/07 10:09 PM
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Quote:

We have bucks, does and fawns for sale that will improve your deer herd.




Yeah, improve the State of Texas herd, that you have to buy a State license to legaly hunt in the State white-tail season !!!!!



If the world was made of gold, man would die for a handful of dirt !!!
Re: Would You or Wouldn't You???? [Re: TXBowhunter1] #139629 01/23/07 10:10 PM
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Quote:

they are breaking the law. you can not sell game animals.





Then they have allot of company.
The breeders now operate under TPWD regulations. There are about 800 breeding facilities with an estimated 40,000 deer in pens across the state. While deer typically sell from $2,500 to $10,000, at least one has sold for as much as $450,000.



Yes! A Weatherby does kill them deader.
Re: Would You or Wouldn't You???? [Re: HWY_MAN] #139630 01/23/07 10:11 PM
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you are correct.


Re: Would You or Wouldn't You???? [Re: HWY_MAN] #139631 01/23/07 10:13 PM
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Quote:

Quote:

i am afraid if they are whitetail they do belong to the state.




Your definitely wrong with that one.



for the record, i am not the one definitely wrong here.


Re: Would You or Wouldn't You???? [Re: John2] #139632 01/23/07 10:15 PM
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Quote:

Lets say one of HWY_MAN's did get out and it was ear tagged,is he the person that had to pay for vehicle/personal damage ?.





As much as i would hate it, i would have to say YES. I see it as no different than one of my cows. If one of my cows gets on the road and gets hit, I'm liable.



Yes! A Weatherby does kill them deader.
Re: Would You or Wouldn't You???? [Re: TXBowhunter1] #139633 01/23/07 10:19 PM
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Quote:

for the record, i am not the one definitely wrong here




Their operating under TX permits, they can legally sell their deer in TX and other states.



Yes! A Weatherby does kill them deader.
Re: Would You or Wouldn't You???? [Re: HWY_MAN] #139634 01/23/07 10:20 PM
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Quote:

Quote:

Lets say one of HWY_MAN's did get out and it was ear tagged,is he the person that had to pay for vehicle/personal damage ?.







As much as i would hate it, i would have to say YES. I see it as no different than one of my cows. If one of my cows gets on the road and gets hit, I'm liable.



from tpwd: No open season for game animals, game birds, exotic animals or fur-bearing animals on public roads. lol


Re: Would You or Wouldn't You???? [Re: HWY_MAN] #139635 01/23/07 10:21 PM
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Just read the above article.

The state owns them, but under a permit system breeders can "sell" them.

Any deer loose on your property ("wild" or "escaped from a breeder") belongs to the state and is fair game.



But I'm gonna be a diamond someday
Re: Would You or Wouldn't You???? [Re: HWY_MAN] #139636 01/23/07 10:23 PM
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Quote:

Quote:

for the record, i am not the one definitely wrong here




Their operating under TX permits, they can legally sell their deer in TX and other states.



you said i was definitely wrong about texas owning the whitetail. i am not wrong, texas does own them, all of them. even if they are in a breeder pen. thats why they have to have permits. i never said they couldnt be sold. i said its against the law, without a permit evidently.


Re: Would You or Wouldn't You???? [Re: TXBowhunter1] #139637 01/23/07 10:23 PM
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I would not shoot a deer in the middle of January. At my lease, deer season ended on the 7th. If it was hunting season I would do everything in my power to ensure future invitations to hunt on someone else's land. There are so few opportunities to deer hunt around here without shelling out the shekels. All that other stuff just hurts my head when i consider it.


Re: Would You or Wouldn't You???? [Re: Omaney] #139638 01/23/07 10:31 PM
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Yep! That's when you go out and buy a good pair of binoculars and make sure you don't shoot any deer with ear tags!

That's if you like the place your invited to hunt on!




Thursday at 12:45 PM
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Once i learned that i didn't "NEED" to kill something, and that if i did kill something all the fun stopped and work began, i was a much better hunter.
Re: Would You or Wouldn't You???? [Re: HWY_MAN] #139639 01/23/07 10:31 PM
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a) The department may issue a Deer Management Permit to a person who has met the requirements of �65.132 of this title (relating to Permit Application).

(b) A person who possesses a valid Deer Management Permit may trap and detain wild deer according to the provisions of this subchapter and Parks and Wildlife Code, Chapter 43, Subchapter R. A permittee shall abide by the terms of an approved deer management plan.

(c) The provisions of Parks and Wildlife Code, Chapter 43, Subchapters C, E, and L do not apply to deer lawfully being held in possession under authority of a valid DMP.

(d) Changes to an approved Deer Management Plan shall be considered as a new application, unless the changes are necessary to comply with regulatory or statutory requirements implemented after the deer management plan was approved.

(e) An applicant for a permit under this subchapter may request that a decision by the department to deny issuance or delay processing of a permit or permit renewal be reviewed.

(1) An applicant seeking review of a decision of the department under this subsection shall contact the department within 10 working days of being notified by the department of permit denial.


Re: Would You or Wouldn't You???? [Re: TXBowhunter1] #139640 01/23/07 10:31 PM
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That buck that sold for 450,000, who cashed the check? That's the person who legally owned that deer. If the state cashed it, then it's their deer, if not, it's the breeders. Did the breeder have to pay the state any part of that sell, other than having to purchase a permit?

Been a bunch of good questions here. No wonder this will eventually end up in court.



Yes! A Weatherby does kill them deader.
Re: Would You or Wouldn't You???? [Re: TXBowhunter1] #139641 01/23/07 10:33 PM
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(a) Deer detained under a DMP shall not be commingled with deer held under any other license or permit, except as provided under this subchapter.

(b) Except as provided in subsection (c) of this section, any deer introduced into a pen containing deer detained under a DMP become wild deer and must be released according to the provisions of �65.136 of this title (relating to Release).

(c) If approved under the deer management plan, buck deer held under the provisions of Subchapter T of this chapter (relating to Scientific Breeder's Permit) may be introduced into a pen containing deer detained under a DMP. Such deer remain private property and may be recaptured; however, any such deer within the pen when wild deer are released under the provisions of �65.136 of this title (relating to Release) become wild deer.


Re: Would You or Wouldn't You???? [Re: TXBowhunter1] #139642 01/23/07 10:36 PM
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Is a management permit the same as a breeders permit?



Yes! A Weatherby does kill them deader.
Re: Would You or Wouldn't You???? [Re: TXBowhunter1] #139643 01/23/07 10:37 PM
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Re: Would You or Wouldn't You???? [Re: HWY_MAN] #139644 01/23/07 10:38 PM
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http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=3&ti=31&pt=2 everything and more than you ever wanted to know about the permits and regulations.


Re: Would You or Wouldn't You???? [Re: HWY_MAN] #139645 01/23/07 10:41 PM
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(a) No person may possess a live deer in this state unless that person possesses a valid permit issued by the department under the provisions of Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, or R.

(b) Except as otherwise provided by this subchapter, a person who possesses a valid scientific breeder's permit may:

(1) engage in the business of breeding legally possessed deer within the facility for which the permit was issued;

(2) purchase or otherwise lawfully take possession of deer lawfully possessed by another scientific breeder;

(3) sell or transfer deer that are in the legal possession of the permittee ;

(4) release deer from a permitted facility into the wild as provided in this subchapter;

(5) recapture lawfully possessed deer that have been marked in accordance �65.607 of this title (relating to Marking of Deer) that have escaped from a permitted facility;

(6) temporarily relocate and hold deer in accordance with the applicable provisions of �65.610 of this title (relating to Transfer Permit); and

(7) temporarily relocate and recapture buck deer under the provisions of Subchapter D of this chapter (relating to Deer Management Permit).


so yes you can sell them if you have a permit. but if they get loose, they are considered wild game and they still belong to the state.


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