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Re: Lesson Learned from the Game Warden [Re: 7mag] #2807745 12/04/11 02:09 PM
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I hear you, Roy. But one could argue that as far as who owns liability. If we did that, we'd be just as bad as a liberal state and file a suit against a home owner when the burglar cut his arm while breaking in a house. Poor analogy on my part. I was trying to draw a comparison as "who owns what" and "who will take responsibility"?


Re: Lesson Learned from the Game Warden [Re: Novemberyet] #2807879 12/04/11 03:10 PM
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We have, or I should say I've seen four fallow deer on our lease.

The lease agreement states we can take one exotic total for the season.

The fallow deer don't show up but once and a while and free ranging crossing low fence, but they have ear tags.

That means they belong to someone? We have the land owners concent, but does he own them?...Probably not, since they jump the fences and travel.

I haven't, nor others have shot one in the three years we've been there, but this would be a grey area if what the GW has said. True?


Re: Lesson Learned from the Game Warden [Re: Jimbo] #2808486 12/04/11 08:09 PM
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According to the Agriculture Code, stray exotics are treated the same as stray cows (livestock). So, I'm thinking it is not legal to shoot a branded, tagged etc. exotic that has strayed to your lease regardless what the land owner says.

Sec. 142.001. DEFINITIONS. In this chapter:
(1) "Estray" means stray livestock, stray exotic livestock, or stray exotic fowl.
(2) Repealed by Acts 2003, 78th Leg., ch. 604, Sec. 5.(3) "Person" does not include the government or a governmental agency or subdivision.
(4) "Exotic livestock" means grass-eating or plant-eating, single-hooved or cloven-hooved mammals that are not indigenous to this state and are known as ungulates, including animals from the swine, horse, tapir, rhinoceros, elephant, deer, and antelope families but not including a mammal defined by Section 63.001, Parks and Wildlife Code, as a game animal, or by Section 71.001, Parks and Wildlife Code, as a fur-bearing animal, or any other indigenous mammal regulated by the Parks and Wildlife Department as an endangered or threatened species. The term does not include a nonindigenous mammal located on publicly owned land.


Sec. 142.003. DISCOVERY OF ESTRAY; NOTICE. (a) If an estray, without being herded with other livestock, roams about the property of a person without that person's permission or roams about public property, the owner of the private property or the custodian of the public property, as applicable, shall, as soon as reasonably possible, report the presence of the estray to the sheriff of the county in which the estray is discovered.(b) After receiving a report under Subsection (a) of this section that an estray has been discovered on private property, the sheriff or the sheriff's designee shall notify the owner, if known, that the estray's location has been reported.


Re: Lesson Learned from the Game Warden [Re: swmays] #2808596 12/04/11 09:03 PM
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swmays, you have the correct code. The sheriff handles estray and boards them until claimed or sold. Ranchers will usually contact each other to deal with stray cattle or horses, unless they don't know whose it is or are tired of taking them back. Then they'll call the sheriff.



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Re: Lesson Learned from the Game Warden [Re: jnd59] #2809059 12/05/11 12:03 AM
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I was just pointing out that exotics can be considered livestock in certain cases and therefore in certain cases require the same treatment as livestock.


Re: Lesson Learned from the Game Warden [Re: swmays] #2809129 12/05/11 12:24 AM
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I'd have to assume the overwhelming majority of axis aren't tagged or tatooed. Would really suck to plug one and get charges pressed because the inside of his lip was labeled.


Re: Lesson Learned from the Game Warden [Re: Yol Bolsun] #2815539 12/06/11 11:14 PM
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Originally Posted By: Yol Bolsun
Originally Posted By: BOONERDREAMING
Originally Posted By: Yol Bolsun
So if some exotics get on your land and destroy a fence, crop or your feeder to get the corn out and they are able to be identified by same said markings as described by the game warden. Then the owner of the exotics should be held criminally and financially responsible as well ?? Hummm....... Wheat just getting up......exotics eating wheat and pulling it out of the ground cause roots are not deep enough...... About $20 a bushel for seed....70 acres.......about a bushel a acre.... $3.00 a gallon for farm diesel......that adds up.

Nope Texas is a fence out state. That means its your job to keep em off your land


Not all of Texas is. Check your local county for their stock laws. Jones county where I hunt is closed range. Means owner of animals is responsible for keeping their animals fenced in on their place.


How/where do you find out this information.



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Re: Lesson Learned from the Game Warden [Re: cameron00] #2815572 12/06/11 11:26 PM
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Originally Posted By: cameron00
I'd have to assume the overwhelming majority of axis aren't tagged or tatooed. Would really suck to plug one and get charges pressed because the inside of his lip was labeled.


Even if they were, how would the sheriff know who's they were and how would he know who to notify? He going to open each of their mouths? Seems if you were going to brand or mark your animals, it would have to be obvious.



Re: Lesson Learned from the Game Warden [Re: txshntr] #2815747 12/07/11 12:21 AM
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Originally Posted By: txshntr
Originally Posted By: cameron00
I'd have to assume the overwhelming majority of axis aren't tagged or tatooed. Would really suck to plug one and get charges pressed because the inside of his lip was labeled.


Even if they were, how would the sheriff know who's they were and how would he know who to notify? He going to open each of their mouths? Seems if you were going to brand or mark your animals, it would have to be obvious.


Nope, even most of your high end livestock are tattood in the lip or ear and have been for years. Most local LE's know all about it in ranching counties.


Re: Lesson Learned from the Game Warden [Re: LonestarCobra] #2815949 12/07/11 01:28 AM
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Well, that's it. The minute I down an axis I'm cutting his lips off.

Sucks because along with another choice body part, they make excellent hotdogs.


Re: Lesson Learned from the Game Warden [Re: cameron00] #2816958 12/07/11 12:20 PM
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This reminds me of a time when I was a youth (a long time ago). A neighbors cows keep getting on some land my Daddy owned. This went on for about year, he talked to the cows owner, nothing got done and he was sick and tired of it.

The next deer season he made several remarks to the neighbor that he was worried about his eyesight, that it was going bad. In fact it was so bad he might not be able to tell the difference between a deer and a cow. The cows were put up and fences got fixed right away. Of course those were simpler times.


Re: Lesson Learned from the Game Warden [Re: hog1] #2817296 12/07/11 02:48 PM
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Fence in fence out depends on the county.



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Re: Lesson Learned from the Game Warden [Re: BenBob] #2817397 12/07/11 03:17 PM
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Kind of like the guy around Guthrie that shot and left lay a huge herd of buffalo that kept escaping from the neighbor's place onto their place. The guy that shot the buffalo was a cowboy on the ranch, not the owner. The cowboy was arrested and faced charges. The guy that leases the ranch, that employed the cowboy, faced a civil lawsuit for restitution, but was able to bluff the buffalo owner out of the case with a countersue for damages. These buffalo were repeat escapees and had been sent back to their home numerous times, but still gave no lawful means to slaughter. As far as I know, most all of the charges were dropped.


Re: Lesson Learned from the Game Warden [Re: Leonardo] #2817434 12/07/11 03:26 PM
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Exotics are stray livestock? And subject to capture, herding, etc? I'd pay some darn good money to watch someone come out and try to catch or herd a nilgai!



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Re: Lesson Learned from the Game Warden [Re: txshntr] #2817479 12/07/11 03:39 PM
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Originally Posted By: txshntr
Originally Posted By: cameron00
I'd have to assume the overwhelming majority of axis aren't tagged or tatooed. Would really suck to plug one and get charges pressed because the inside of his lip was labeled.


Even if they were, how would the sheriff know who's they were and how would he know who to notify? He going to open each of their mouths? Seems if you were going to brand or mark your animals, it would have to be obvious.


X2 a mouth or ear tat wnt be able to be identified by plain site... if there is no ear tag or brand or any obvious claim of ownership then how is a hunter going to know....sounds like this law has to many loop holes


Re: Lesson Learned from the Game Warden [Re: LonestarCobra] #2817504 12/07/11 03:46 PM
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Originally Posted By: LonestarCobra
Originally Posted By: txshntr
Originally Posted By: cameron00
I'd have to assume the overwhelming majority of axis aren't tagged or tatooed. Would really suck to plug one and get charges pressed because the inside of his lip was labeled.


Even if they were, how would the sheriff know who's they were and how would he know who to notify? He going to open each of their mouths? Seems if you were going to brand or mark your animals, it would have to be obvious.


Nope, even most of your high end livestock are tattood in the lip or ear and have been for years. Most local LE's know all about it in ranching counties.


Yes they are but who is going to shoot a cow that walks onto their land? Exotics should be takin seriously by the rancher and knowing that hunters would love to take any exotic that walks infront of them on their own land...then if the rancher wanted to make sure his animals didnt get shot they would take the right measures and put an obvious marking on them....the ones that dont arnt too worried about loosing their animals


Re: Lesson Learned from the Game Warden [Re: Navasot] #2817563 12/07/11 04:02 PM
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cj7rzcool. You can look it up at your county courthouse.

Under the county commissioners court. Just ask the county clerk and they can tell you what book it's in. Jones county adopted theirs back in 1931.

Or you can google it like I did. Lol



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Re: Lesson Learned from the Game Warden [Re: Texan Til I Die] #2818205 12/07/11 07:43 PM
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Originally Posted By: Texan Til I Die
Exotics are stray livestock? And subject to capture, herding, etc? I'd pay some darn good money to watch someone come out and try to catch or herd a nilgai!


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Re: Lesson Learned from the Game Warden [Re: CinchMan] #2822943 12/09/11 02:18 PM
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This interesting. I have an occasional bull elk on my place. How in the dickens would I find out who owns it?



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Re: Lesson Learned from the Game Warden [Re: Dave Davidson] #2824138 12/09/11 10:20 PM
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Originally Posted By: Dave Davidson
This interesting. I have an occasional bull elk on my place. How in the dickens would I find out who owns it?


Look inside his lip


Re: Lesson Learned from the Game Warden [Re: FISHUNTER] #2824267 12/09/11 11:26 PM
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Great post!


Re: Lesson Learned from the Game Warden [Re: dfwroadkill] #2828138 12/11/11 09:21 PM
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thanks FishHunter- that was a good one.


Re: Lesson Learned from the Game Warden [Re: KillinSwede] #2828925 12/12/11 02:15 AM
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I find it hard to believe. What I was told was that it had to be branded or marked visibly. I can't think that game warden was wrong, and we were talking about an exotic we were looking at at that time.........


Re: Lesson Learned from the Game Warden [Re: 7mag] #2829776 12/12/11 01:28 PM
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BOYS I'VE LIVED IN BANDERA COUNTY FOR OVER 25 YRS...YOU CANNOT
SHOOT EXOTICS, IE:BLACKBUCK,AXIS,FERAL HOGS,WILD SHEEP, & GOATS
WITHOUT SHOOTING ON SOMEONE'S PROPERTY..THEREFORE YOU MUST HAVE
PERMISION...THAT'S HOW ALL OF OUR LOCAL GUIDES MAKE THEIR MONEY..
AND PAY THE LANDOWNERS...I UNDERSTAND THE TPW RAN A GAME SURVEY
ON FLYING L RANCH WHICH IS A GOLF RESORT THAT HAS AXIS AND TRAPS
AND SELLS THEM ANNUALLY...THEY FOUND OVER 700 AXIS COMING AND GOING NIGHTLY...DD


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