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Elk on property

4,748 Views | 24 Replies | Last: 5 yr ago by SanAntoneAg
Cancelled
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9:55p, 10/19/18
AG
A friend has an elk on his property. He has a pic on his game cam. I told him that it's likely illegal to shoot it. I don't know why, but I guess it follows from some sort of presumption that it is someone's property.

Thoughts
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carpe vinum
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9:58p, 10/19/18
AG
Where?
Escaped high fence or possibly migrated?
I'd leave it in hopes it would breed but it takes two to tango not to mention every other redneck in the county would shoot on sight.
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stick93
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9:58p, 10/19/18
AG
I passed on an elk in Kendalia in '89 on a low fenced place. My fear was my dad would have to pay some sort of trophy or replacement fee. We were told at the time(after the fact) to blast away as it was considered an exotic.

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ttha_aggie_09
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10:00p, 10/19/18
AG
Not illegal if it doesn't have a tag and you don't know where it came from.

We have a couple transient elk on our place too. I expect the number of escapees to be very high this season due to washed out fences.
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bowhuntr
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10:01p, 10/19/18
Fire away, any time...not regulated in Texas.
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Cancelled
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In reply to stick93 • 10:01p, 10/19/18
AG
Yeah...that's my thought...about the trophy fee.

I think it's analogous to finding a Ferrari in your drive way..can you just set it on fire?
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ttha_aggie_09
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In reply to Cancelled • 10:05p, 10/19/18
AG
If it has a tag or visible brand, it is considered livestock and has the same protections.
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Tx-Ag2010
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10:08p, 10/19/18
AG
If it's in Texas I shoot it...

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AquaCasaAg
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In reply to Cancelled • 10:09p, 10/19/18
AG
In this instance, yes, burn it to the ground. As long as it doesn't have an identifier to suggest it is someone else's property (brand, ear tag, etc.), it is legal to kill.
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stick93
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In reply to Cancelled • 10:10p, 10/19/18
AG
I'm sitting in a box blind with a 30-06 and a 5x5 bull elk standing 50yds in front of me...forever. I finally spooked him on purpose. Funniest part is he was standing on a big wet slab of rock. When he turned to run he busted his ass literally.

No, the funniest part is the pompous "ranch manager" didn't believe me. Well, he literally got caught with his pants down a few days later due to no indoor plumbing. Elk trotted across the meadow below the cabin while he was dropping a deuce.
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SanAntoneAg
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In reply to Cancelled • 10:51p, 10/19/18
AG
So you gave bad advice to a friend and screwed him out of a freezer full of tasty elk?
Gig 'em! '90
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Cancelled
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In reply to SanAntoneAg • 10:55p, 10/19/18
AG
Not exactly. It was a game cam photo, so it's not like he was taking the shot. Second, I'm also his attorney, so, I'm held to a bit of a different standard than what I feel on Texags.

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ttha_aggie_09
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11:04p, 10/19/18
AG
Since you're an attorney:

Quote:
Sec. 142.0021. OWNERSHIP OF EXOTIC WILDLIFE AND FOWL. A person may claim to be the owner of exotic livestock or exotic fowl under this chapter only if the animal is tagged, branded, banded, or marked in another conspicuous manner that can be read or identified from a long distance and that identifies the animal as being the property of the claimant.


https://statutes.capitol.texas.gov/Docs/AG/htm/AG.142.htm

And from TPWD:

Quote:
An exotic animal is any animal that is not indigenous to Texas, including but not limited to aoudad sheep, axis deer,elk,sika deer, fallow deer, red deer, and blackbuck and nilgai antelope.


We have had this excervise before where we hunt. Tagged exotics = pass
Tagged Whitetail = shoot on sight (we have done this)
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SanAntoneAg
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In reply to ttha_aggie_09 • 11:07p, 10/19/18
AG
"...only if the animal is tagged, branded, banded, or marked in another conspicuous manner that can be read or identified from a long distance."

The older I get, the worse my vision gets.
Gig 'em! '90
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ttha_aggie_09
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In reply to SanAntoneAg • 11:09p, 10/19/18
AG
Tag? What tag? Must've fell out before I saw him....
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sunchaser
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7:01a, 10/20/18
AG
Does a hole in the ear count?

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7:09a, 10/20/18
JD05AG
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In reply to [removed post] • 9:50a, 10/20/18
AG
I'd rather keep the state out of as much as possible.
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TAMUallen
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In reply to [removed post] • 10:04a, 10/20/18
AG
jayelbee said:
I sure wish the state would reclassify them as a managed game animal rather than exotics considering some very limited pets of the state were once though to be home to them.


Not thought. There were native Texas elk. These are not the same and are transplants that have started reproducing.
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AgLA06
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In reply to sunchaser • 11:58a, 10/20/18
AG
sunchaser said:
Does a hole in the ear count?



Nope. Can't be expected to tell ownership from a hole in an ear (assuming it wasn't from a bullet or another antler or barbed wire anyway).
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EMY92
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In reply to Cancelled • 12:03p, 10/20/18
AG
queso1 said:
Yeah...that's my thought...about the trophy fee.

I think it's analogous to finding a Ferrari in your drive way..can you just set it on fire?
Similar to finding a Dodge, the chance of fire is good with either.
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AgLA06
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In reply to Cancelled • 12:19p, 10/20/18
AG
queso1 said:
Yeah...that's my thought...about the trophy fee.

I think it's analogous to finding a Ferrari in your drive way..can you just set it on fire?


Probably more like a stray dog sleeping on your porch without tags or a micro chip. You can ignore it, put up signs, take it to the shelter, or take it in and make it your own.

Taking in an elk and making it your own just requires a freezer or a big as barbecue in this case.
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bamdvm
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9:37p, 10/20/18
If you shoot it, test it for CWD.

http://tahc.state.tx.us/news/brochures/TAHCBrochure_ExoticCWDSusceptibleSpeciesFAQ.pdf
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OregonAggie
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In reply to ttha_aggie_09 • 9:43p, 10/20/18
AG
ttha_aggie_09 said:
Not illegal if it doesn't have a tag and you don't know where it came from.

We have a couple transient elk on our place too. I expect the number of escapees to be very high this season due to washed out fences.


41 between Rock springs and 83 had a ton of washed out fences a couple weeks ago when we were there. I bet 1/3 of the ranches we passed had fences down.
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JSKolache
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10:32p, 10/20/18
AG
We had a couple show up last year. Our landowners connected with the guy next door where we know they came from. We couldnt figure out a good way to the them back across the fence, and guy had no bright ideas either, so they are on he menu this year.
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SanAntoneAg
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In reply to OregonAggie • 11:11p, 10/20/18
AG
That's where we are and yes, unfortunately there are lots of fences, both high and low, that got washed out.

I admit that it was pretty cool driving from Hackberry Rd. to I-10 and looking out over the pastures and seeing what looked like Blue Ribbon Montana trout streams.
Gig 'em! '90
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