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Re: breeder buck [Re: colt45] #6606987 12/29/16 06:34 PM
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any deer on your property that you have a license/tag/open season for is fair game. Cows are different, don't shoot cows. They'll piss you off a plenty but live stock is property. you cannot damage someone else's property, and the owner is responsible for any damage they cause you. native and exotic game are property of the state. only your hunting regulations apply.

to my knowledge even if the owner of the deer knew that it was on your property and wanted to try to retrieve it you are under no obligation to allow him to do so. wouldn't be very neighborly, but its not legally enforceable.


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Re: breeder buck [Re: colt45] #6606992 12/29/16 06:39 PM
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we used to hunt a place in the hill country where a neighboring owner had part of a fence go down and lost several aoudad. He knew he had lost them and we had seen them. He contacted the land lady and requested permission to try and retrieve them. She allowed him access to try and trap them for a couple weeks, he was not very successful. She told him his time was up and he had to go. He had no choice but to abide.

aoudad are not native, but ear tagged whitetail would be the same situation. allow them access if you like for as long as you're willing to put up with it. otherwise fire away within your legal means.


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Re: breeder buck [Re: Erathkid] #6608030 12/30/16 03:25 PM
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Originally Posted By: Erathkid
Is this a thread about being "moral" or something? Nothing immoral about shooting a legal animal. Is this supposed to be a trick question? Unless your neighbor owns a petting zoo, why is this even being asked?
why does the ? bother you


hold on Newt, we got a runaway
Re: breeder buck [Re: poisonivie] #6608032 12/30/16 03:26 PM
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Originally Posted By: poisonivie
I always thought a deer with ear tags was off limits unless it was YOUR deer. Was I wrong?
deer belong to the state of Texas, shoot away


hold on Newt, we got a runaway
Re: breeder buck [Re: Erich] #6608033 12/30/16 03:27 PM
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Originally Posted By: Erich
any deer on your property that you have a license/tag/open season for is fair game. Cows are different, don't shoot cows. They'll piss you off a plenty but live stock is property. you cannot damage someone else's property, and the owner is responsible for any damage they cause you. native and exotic game are property of the state. only your hunting regulations apply.

to my knowledge even if the owner of the deer knew that it was on your property and wanted to try to retrieve it you are under no obligation to allow him to do so. wouldn't be very neighborly, but its not legally enforceable.
same with exotics, if they are tagged, its a no no to shoot


hold on Newt, we got a runaway
Re: breeder buck [Re: colt45] #6608174 12/30/16 04:59 PM
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Well I thought I understood until that last post. So you can shoot a tagged whitetail but not a tagged exotic?


Re: breeder buck [Re: colt45] #6608201 12/30/16 05:09 PM
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What tag? you think that hole in his ear is where a tag used to be? Nahh, I bet the neighbor kid shot at him with a .22 & clipped his ear.


Originally Posted by bill oxner
Haven't had it in years but never spit any out.


Originally Posted by bill oxner
I am a sucker for happy endings and strapped cowboys.
Re: breeder buck [Re: postoak] #6609229 12/31/16 02:18 PM
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Originally Posted By: postoak
Well I thought I understood until that last post. So you can shoot a tagged whitetail but not a tagged exotic?
that is correct, tagged exotics are same as livestock that get onto your land


hold on Newt, we got a runaway
Re: breeder buck [Re: colt45] #6609251 12/31/16 02:33 PM
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I would recommend calling TPWD and getting in writing from the department that handles the breeders. Most Game Wardens have no idea of the their own organizations laws for breeders. If it comes from a breeding pen, the breeder has 14 days to retrieve the buck and put back. If it comes off a high fence ranch then it would be legal game. I'd hate to get into a lawsuit with a big rancher over it.

Re: breeder buck [Re: Bowman24] #6609258 12/31/16 02:35 PM
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Originally Posted By: Bowman24
I would recommend calling TPWD and getting in writing from the department that handles the breeders. Most Game Wardens have no idea of the their own organizations laws for breeders. If it comes from a breeding pen, the breeder has 14 days to retrieve the buck and put back. If it comes off a high fence ranch then it would be legal game. I'd hate to get into a lawsuit with a big rancher over it.
deer are owned by the state..period...


hold on Newt, we got a runaway
Re: breeder buck [Re: colt45] #6609264 12/31/16 02:41 PM
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it amaze's me how many hunters do not know hunting regulations, pertaining to their county,fishermen knowing the regs. to the particular lake they are on, ect, for instance, here in Bastrop county, Javelina are not legal to shoot, over heard a guy bragging that he has shot two.


hold on Newt, we got a runaway
Re: breeder buck [Re: colt45] #6609309 12/31/16 03:29 PM
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Just talked with a State Biologist and if a deer that has come directly out of a breeder pen and that breeder has contacted the state then he has the legal right to retrieve the buck within a couple of weeks. If that tagged buck is shot within the time limit that the owner has to retrieve it then the shooter is liable for a civil law-suit but not criminal UNLESS the shooter has also been notified by either the owner or a State Law Officer.

Re: breeder buck [Re: colt45] #6609377 12/31/16 04:11 PM
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So, how am I supposed to know if that big buck with an ear tag that walks by my stand trailing a doe has been out of the pen for one day or one month?

Last edited by Mr. T.; 12/31/16 08:13 PM.

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Re: breeder buck [Re: colt45] #6609571 12/31/16 06:06 PM
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Re: breeder buck [Re: Bowman24] #6609779 12/31/16 09:39 PM
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Originally Posted By: Bowman24
Just talked with a State Biologist and if a deer that has come directly out of a breeder pen and that breeder has contacted the state then he has the legal right to retrieve the buck within a couple of weeks. If that tagged buck is shot within the time limit that the owner has to retrieve it then the shooter is liable for a civil law-suit but not criminal UNLESS the shooter has also been notified by either the owner or a State Law Officer.
,
I wonder about that, how the heck are you to know if it came directly out of a feeder pen?
I am all about giving an owner a chance to retrieve a whitetail, but where is a law that says "couple of weeks?"
I would ask your biologist for documentation on that one. And please share it,. And be clear that it is "whitetail deer."


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Re: breeder buck [Re: colt45] #6609868 12/31/16 10:41 PM
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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
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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.

Re: breeder buck [Re: colt45] #6610085 01/01/17 01:04 AM
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Thank you, interesting.


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Re: breeder buck [Re: Bowman24] #6610341 01/01/17 05:08 AM
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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.

Re: breeder buck [Re: TexFlip] #6610655 01/01/17 03:40 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.
EXACTLY


hold on Newt, we got a runaway
Re: breeder buck [Re: colt45] #6610731 01/01/17 04:36 PM
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Yep without a doubt.

Re: breeder buck [Re: colt45] #6611551 01/02/17 02:00 AM
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I know several deer breeders and this is correct.

Re: breeder buck [Re: colt45] #6611592 01/02/17 02:24 AM
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why risk a lawsuit or something not really right, but hey...go for it boys. Like Darrel Royal once told me, "son, you can't coach a dumb-[censored]".

Re: breeder buck [Re: Bowman24] #6612105 01/02/17 03:35 PM
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Just shows how ignorant the laws are in the stat of Texas. You can buy deer all day long every day. But you can't own them.


Crotchety old bastidge
Re: breeder buck [Re: colt45] #6612206 01/02/17 04:33 PM
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Just curious, how do you go about the capture of the escaped deer. Do you just walk around the neighbors place calling it and hoping it comes running like a pet? Do you see up catch pens and turn loose the ones that don't have ear tags?
Not being an a$$ or stirring the pot but if this happens during the rut the deer could be anywhere.
And yes if I had the money I would have my own HF place to hunt.

Re: breeder buck [Re: colt45] #6612321 01/02/17 05:49 PM
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Hard to catch in some ones freezer

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