Civil Restitution

[Cawnlu]

I promise, I really am asking for a friend here (he's not a member of TBH). Has anyone had any experience with civil restitution owed for taking a deer that did not meet antler restrictions? He received a ticket and has not yet heard from the state about restitution. Any idea of the ballpark amount of restitution?

Thanks!

[DFWPI]

I personally don't know, but heard from a reliable source it was kind of high, like 1000's of dollars worth of high.

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[Cawnlu]

i personally don't know, but heard from a reliable source it was kind of high, like 1000's of dollars worth of high.

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ouch!!!

[manwitaplan]

Civil restitution is assessed for each individual resource illegally taken. And that can quickly add up.

If a person is caught with a dozen bobwhite quail when quail season is closed, the offender is usually charged with hunting during a closed season - a Class C criminal misdemeanor that carries a $500 maximum fine. The civil penalty for that dozen poached bobwhite, which have a restitution value of $273.50 each, comes to $3,282, more than six times the maximum criminal fine.

And shame on the poacher if the illegal take includes a Mearns' quail, a quail rare in Texas and for which there is no open season. The civil restitution fee for a single Mearns' quail, often called Montezuma quail, is a sobering $1,929.50.

The restitution value of fish depends on the species and size. A person caught fishing without a license and holding a couple of 20-inch redfish in the ice chest is looking at a $25 to $500 criminal fine, but a civil restitution payment of $506.38 - $253.19 for each 20-inch red.

The bigger the redfish, the more the civil restitution. A 29-inch red's restitution value is $449.77.

Speckled trout? A 14-inch speck, illegal to retain because it is an inch short of the legal minimum, will draw a civil penalty of $88.28. And it is not unusual for wardens to nail folks with a dozen or more undersize trout, pushing the total restitution into four figures.

Get greedy and ignore the daily limit of one speckled trout measuring more than 25 inches, and that "extra" 26-inch speck will cost $321.97, plus whatever criminal fine the judge imposed.

Kill an endangered species such as a whooping crane and the civil penalty goes through the roof. The current Texas restitution value of a whooping crane is $12,907.50, Reeder said.

Some of the most common large civil restitution charges involve deer illegally taken. The civil restitution fee for a buck whitetail starts with a "base" value of $881.50 with the final cost determined by the size of the buck's antlers, based on the Boone and Crockett Club scoring system. A person who illegally takes an especially large antlered buck can see a civil restitution charge of more than $10,000.

[070700]

I promise, I really am asking for a friend here (he's not a member of TBH). Has anyone had any experience with civil restitution owed for taking a deer that did not meet antler restrictions? He received a ticket and has not yet heard from the state about restitution. Any idea of the ballpark amount of restitution?

Thanks!

Ball park is $850.00 for a white-tailed buck that scores less than 100 B&C...for every inch over 100 B&C it goes up a lot.

[100%TtId]

Ball park is $850.00 for a white-tailed buck that scores less than 100 B&C...for every inch over 100 B&C it goes up a lot.

And this is one area where the AR system needs a bit of tweaking:

If you miss-judge and shoot a deer 1/8" under the limit, your restitution penalty is likely higher than if you willfully ignore the law and shoot a deer that you know obviously is under 13" by a few inches.

Try explaining that scenario, and the harsh penalties, to a new hunter or someone from out of state.

The AR system has clearly improved the herd quality but it does have some flaws that TPWD needs to address.

[Cawnlu]

And this is one area where the AR system needs a bit of tweaking:

If you miss-judge and shoot a deer 1/8" under the limit, your restitution penalty is likely higher than if you willfully ignore the law and shoot a deer that you know obviously is under 13" by a few inches.

Try explaining that scenario, and the harsh penalties, to a new hunter or someone from out of state.

The AR system has clearly improved the herd quality but it does have some flaws that TPWD needs to address.

I agree. The AR have helped but they d*m* sure make hunting more stressful. He actually self-reported because he knew he messed up but how many dead deer are left in the woods rather than face the music? It's an imperfect system for sure.

[Rtree1]

On a Lone Star Law episode a guy turned himself in for a buck that was 1/4 shy. The buck was a very mature deer. The GW told him the cost to replace the deer was 750.00. But since he called himself in they were very lenient on him. Small fine and no restitution.

[Thumper]

Its not a perfect world we live in today, TPWD is trying to do what they think is best, then its figured out there's money to be made.


If a hunter shoots a deer that's 1/4" short of the 13" he needs to pay restitution on the 1/4" , not the full 13". But if he doesn't tag the deer or shoots it off a public road he then pays for the full 13".....jmo

[Philip-TX]

TPWD Deer Restitution

Texas Administrative Code


TITLE 31 NATURAL RESOURCES AND CONSERVATION
PART 2 TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 69 RESOURCE PROTECTION
SUBCHAPTER B FISH AND WILDLIFE VALUES
RULE §69.30 Trophy Wildlife Species

--------------------------------------------------------------------------------

(a) The recovery value for individual white-tailed or mule deer, pronghorn antelope, and bighorn sheep shall be derived from the gross Boone and Crockett score of the horns or antlers plus the value derived for wildlife species in §69.22 of this title (relating to Wildlife--Recovery Values), using the following formulae:

(1) White-tailed deer--The formula for white-tailed deer shall be applied to all individuals whose gross score exceeds 100 Boone and Crockett inches. The formula shall be: Recovery Value = ((gross score - 100) 2 x $1.65) plus the value derived in §69.22 of this title.

(2) Mule deer--The formula for mule deer shall be applied to all individuals whose gross score exceeds 110 Boone and Crockett inches. The formula shall be: Recovery Value = ((gross score - 110) 2 x $1.00) plus the value derived in §69.22 of this title.

(3) Pronghorn antelope--The formula for pronghorn antelope shall be applied to all individuals whose gross score exceeds 40 Boone and Crockett inches. The formula shall be: Recovery Value = ((gross score - 40)2 x $2.00) plus the value derived in §69.22 of this title.

(4) Bighorn sheep--The formula for bighorn sheep shall be applied to all individuals whose gross score exceeds 100 Boone and Crockett inches. The formula shall be: Recovery Value = ((gross score - 100) 2 x $11.70) plus the value derived in §69.22 of this title.

(b) The measurement procedure for obtaining the Boone and Crockett gross score shall follow: Nesbitt, W.H. and P.L. Wright. 1985. Measuring and Scoring North American Big Game Trophies. Boone and Crockett Club. 176 pp.

Here's the 69.22 section that you add to the values Dena posted:



Texas Administrative Code
Next Rule>>
TITLE 31 NATURAL RESOURCES AND CONSERVATION
PART 2 TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 69 RESOURCE PROTECTION
SUBCHAPTER B FISH AND WILDLIFE VALUES
RULE §69.22 Wildlife--Recovery Values
(a) Each species of bird, reptile, amphibian, or animal shall be assigned a score of 0-3 for each of eight scoring criteria. The sum of the scores for the eight criteria (subsection (b) of this section) shall be multiplied by a weighting factor (subsection (c) of this section), and the resulting adjusted criteria score is compared to the monetary scale (subsection (d) of this section) to obtain a monetary value.

(b) For scoring criteria listed in paragraphs (1)-(8) of this subsection, a species which is not sought at all shall be scored as 0, while a highly sought species shall be scored 3.

(1) Recreation. The extent to which a species is actively sought by users with wildlife interests. Scoring considers both harvest and nonharvest use of a species.

(2) Aesthetic. The social value of wildlife species. These values represent wildlife species' beauty or unique natural history. Aesthetic values for these species exist whether or not a person ever would encounter one in its natural habitat.

(3) Educational. The educational value of a species arising from, for example, published materials and other audio-visual media about the species, displays in zoos, or the relative frequency with which the species is used to exemplify important curricula principles.

(4) Scarcity. The relative population of a species within the range of its habitat, from abundant to scarce.

(5) Environmental Tolerance. The ability of a species to tolerate normal changes in climate, topography, water regimes or other ecological factors which may limit range and population.

(6) Economics. The direct or indirect economic benefit attributable to the species as a result of recreational or legal transactions.

(7) Recruitment. Reproductive and survival potential of a species as it relates to the capability for replacement of its population following decrease or loss.

(8) Ecological role. A species' relationships with other life forms--and the species contribution to a healthful and stable balance of nature. Widely-consumed forage species score high, as do predators which control prey species populations. Forage species that are not widely consumed score low, as do predators which contribute little to regulation of prey populations.

(c) The individual scores for the criteria are summed to derive a total criteria score. The total criteria score is multiplied by a weighting factor which adjusts the summed criteria score for variance in public demand and/or perception of value for a species. The weighting factor relates the overall demand for a species to its existing supply and to future opportunity for public use. The weighting factors are:

(1) 1.0--Abundant. No additional public demand or perception of value exists beyond that reflected by the eight criteria in subsection (b) of this section;

(2) 1.1--Frequent. Minor disparity exists between resource availability and public interest and the public demand fluctuates periodically around an equilibrium point;

(3) 1.3--Rare. Substantial disparity exists between available supply and identified public interest in species that are subject to ongoing management programs;

(4) 1.5--Scarce. The species populations are never expected to meet identified demands or needs, or management programs for a limited species are not fully developed with respect to planned recreational opportunity and economic contribution.

(d) The total criteria score multiplied by the weighting factor in subsections (a)-(c) of this section, provides an adjusted criteria score and corresponding recovery value for each species.

Adjusted Criteria

Score Range


Monetary Value

1 - 5.9 = $5.00

6 - 8.9 = $13.50

9 - 10.9 = $26.00

11 - 12.9 = $59.50

13 - 14.9 = $105.50

15 - 16.9 = $273.50

17 - 18.9 = $881.50

19 - 20.9 = $1,929.50

21 - 23.9 = $4,780.50

24 - 36.9 = $11,907.50

[bakin7005]

I was drawn at Gus Engeling one year and a feller shot one under the ear tips. The gw was called. He fined him with a ticket and said the restitution depends on the judge but would likely be between $1500 and $2500. He said the judge in that jurisdiction was not lenient at all.

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[Davik]

The tab at fort hood is your fine 330. Plus replacement value of the deer buck=2000 dollars, doe= 500 dollars total fine for undersized deer 2330.00

[Throwin Darts]

If it’s even close don’t shoot. Not worth it

[Boomstick]

A 278" deer is $53,000

[TreyRo]

Depends on the Judge or JOP for the county. I'm man enough to admit I made a boo-boo several years ago. Fine in total (including court costs) was about $270.

Edit: My restitution was extremely light due to the circumstances.