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Re: breeder buck
[Re: colt45-90]
#6606987
12/29/16 06:34 PM
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Joined: Nov 2004
Posts: 907
Erich
Tracker
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Tracker
Joined: Nov 2004
Posts: 907 |
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.
Outdoorsman
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Re: breeder buck
[Re: colt45-90]
#6606992
12/29/16 06:39 PM
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Joined: Nov 2004
Posts: 907
Erich
Tracker
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Tracker
Joined: Nov 2004
Posts: 907 |
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.
Outdoorsman
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Re: breeder buck
[Re: Erathkid]
#6608030
12/30/16 03:25 PM
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Joined: Aug 2006
Posts: 11,657
colt45-90
OP
Texas colt45
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OP
Texas colt45
Joined: Aug 2006
Posts: 11,657 |
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
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Re: breeder buck
[Re: poisonivie]
#6608032
12/30/16 03:26 PM
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Joined: Aug 2006
Posts: 11,657
colt45-90
OP
Texas colt45
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OP
Texas colt45
Joined: Aug 2006
Posts: 11,657 |
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
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Re: breeder buck
[Re: Erich]
#6608033
12/30/16 03:27 PM
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Joined: Aug 2006
Posts: 11,657
colt45-90
OP
Texas colt45
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OP
Texas colt45
Joined: Aug 2006
Posts: 11,657 |
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
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Re: breeder buck
[Re: colt45-90]
#6608174
12/30/16 04:59 PM
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Joined: Aug 2009
Posts: 3,124
postoak
Veteran Tracker
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Veteran Tracker
Joined: Aug 2009
Posts: 3,124 |
Well I thought I understood until that last post. So you can shoot a tagged whitetail but not a tagged exotic?
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Re: breeder buck
[Re: colt45-90]
#6608201
12/30/16 05:09 PM
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Joined: Nov 2007
Posts: 13,211
CCBIRDDOGMAN
Bird Herder
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Bird Herder
Joined: Nov 2007
Posts: 13,211 |
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.
Haven't had it in years but never spit any out. I am a sucker for happy endings and strapped cowboys.
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Re: breeder buck
[Re: postoak]
#6609229
12/31/16 02:18 PM
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Joined: Aug 2006
Posts: 11,657
colt45-90
OP
Texas colt45
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OP
Texas colt45
Joined: Aug 2006
Posts: 11,657 |
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
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Re: breeder buck
[Re: colt45-90]
#6609251
12/31/16 02:33 PM
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Joined: Jun 2012
Posts: 200
Bowman24
Woodsman
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Woodsman
Joined: Jun 2012
Posts: 200 |
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.
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Re: breeder buck
[Re: Bowman24]
#6609258
12/31/16 02:35 PM
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Joined: Aug 2006
Posts: 11,657
colt45-90
OP
Texas colt45
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OP
Texas colt45
Joined: Aug 2006
Posts: 11,657 |
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
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Re: breeder buck
[Re: colt45-90]
#6609264
12/31/16 02:41 PM
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Joined: Aug 2006
Posts: 11,657
colt45-90
OP
Texas colt45
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OP
Texas colt45
Joined: Aug 2006
Posts: 11,657 |
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
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Re: breeder buck
[Re: colt45-90]
#6609309
12/31/16 03:29 PM
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Joined: Jun 2012
Posts: 200
Bowman24
Woodsman
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Woodsman
Joined: Jun 2012
Posts: 200 |
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.
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Re: breeder buck
[Re: colt45-90]
#6609377
12/31/16 04:11 PM
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Joined: Nov 2014
Posts: 7,789
Mr. T.
THF Trophy Hunter
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THF Trophy Hunter
Joined: Nov 2014
Posts: 7,789 |
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.
Cabin rental in Pagosa Springs, Co. Sleeps 10, If interested please PM me.
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Re: breeder buck
[Re: colt45-90]
#6609571
12/31/16 06:06 PM
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Joined: Aug 2011
Posts: 1,682
bp3
Pro Tracker
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Pro Tracker
Joined: Aug 2011
Posts: 1,682 |
Ever tried to heard cats
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Re: breeder buck
[Re: Bowman24]
#6609779
12/31/16 09:39 PM
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Joined: Dec 2012
Posts: 11,941
Simple Searcher
THF Celebrity
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THF Celebrity
Joined: Dec 2012
Posts: 11,941 |
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."
"Man is still a hunter, still a simple searcher after meat..." Robert C. Ruark
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Re: breeder buck
[Re: colt45-90]
#6609868
12/31/16 10:41 PM
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Joined: Jun 2012
Posts: 200
Bowman24
Woodsman
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Woodsman
Joined: Jun 2012
Posts: 200 |
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.
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Re: breeder buck
[Re: colt45-90]
#6610085
01/01/17 01:04 AM
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Joined: Dec 2012
Posts: 11,941
Simple Searcher
THF Celebrity
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THF Celebrity
Joined: Dec 2012
Posts: 11,941 |
"Man is still a hunter, still a simple searcher after meat..." Robert C. Ruark
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Re: breeder buck
[Re: Bowman24]
#6610341
01/01/17 05:08 AM
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Joined: Aug 2012
Posts: 15,585
TexFlip
THF Celebrity
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THF Celebrity
Joined: Aug 2012
Posts: 15,585 |
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.
Just to make sure that it is done thoroughly, I go both ways.
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Re: breeder buck
[Re: TexFlip]
#6610655
01/01/17 03:40 PM
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Joined: Aug 2006
Posts: 11,657
colt45-90
OP
Texas colt45
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OP
Texas colt45
Joined: Aug 2006
Posts: 11,657 |
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
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Re: breeder buck
[Re: colt45-90]
#6610731
01/01/17 04:36 PM
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Joined: Jul 2013
Posts: 6,076
Wilhunt
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jul 2013
Posts: 6,076 |
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Re: breeder buck
[Re: colt45-90]
#6611551
01/02/17 02:00 AM
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Joined: Nov 2016
Posts: 95
Firstlight10
Outdoorsman
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Outdoorsman
Joined: Nov 2016
Posts: 95 |
I know several deer breeders and this is correct.
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Re: breeder buck
[Re: colt45-90]
#6611592
01/02/17 02:24 AM
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Joined: Jun 2012
Posts: 200
Bowman24
Woodsman
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Woodsman
Joined: Jun 2012
Posts: 200 |
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]".
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Re: breeder buck
[Re: Bowman24]
#6612105
01/02/17 03:35 PM
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Joined: Jul 2013
Posts: 7,179
therancher
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jul 2013
Posts: 7,179 |
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
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Re: breeder buck
[Re: colt45-90]
#6612206
01/02/17 04:33 PM
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Joined: Jul 2011
Posts: 9,987
Old Rabbit
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jul 2011
Posts: 9,987 |
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.
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Re: breeder buck
[Re: colt45-90]
#6612321
01/02/17 05:49 PM
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Joined: Aug 2011
Posts: 1,682
bp3
Pro Tracker
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Pro Tracker
Joined: Aug 2011
Posts: 1,682 |
Hard to catch in some ones freezer
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