It's a slippery slope up the side of a $#!+ mountain with a greedy govt monster living in the swamp below! Ethically the goal should be to recover a wounded or potentially lost animal. Realistically it's going to depend on how the person enforcing the law interprets the law and the circumstances.
I stand corrected after reading Sika's post!
You’re right...game wardens aren’t lawyers and some of them don’t seem to know the laws very well. You very well could receive a citation but could probably get it thrown out.
A tracker friend of mine had a Polk county game warden get on to him because he didn’t run his dogs on a leash (not a statute) and because he dispatched the hunter’s deer. After looking in to it the warden came back and admitted he was wrong.
The intent of the law was to prevent harm or suffering to a game animal, and allow anyone, except for the actor, to dispatch the animal.
You’re right...game wardens aren’t lawyers and some of them don’t seem to know the laws very well. You very well could receive a citation but could probably get it thrown out.
A tracker friend of mine had a Polk county game warden get on to him because he didn’t run his dogs on a leash (not a statute) and because he dispatched the hunter’s deer. After looking in to it the warden came back and admitted he was wrong.
The intent of the law was to prevent harm or suffering to a game animal, and allow anyone, except for the actor, to dispatch the animal.
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Yep he told me about this incident and carries around a copy of what you posted to show to Game Wardens.
Being a tracker, I called the local GW last year and was told that if I put one down during archery season, to contact her and give her the details along with the hunters name so that if the hunter is reported by processor for a gun kill during archery season, they won't get in trouble.
Texas Parks and Wildlife Code PARKS & WILD TX PARKS & WILD Section 61.060. Read the code on FindLaw
I also contact the Warden in the county I'll be tracking in.
To boil down the "Legalese," a person can dispatch a mortally wounded animal by any ethical means. It can't be the person that created the mortal wound. This also answers the tagging question, because the "dispatcher" is only ensuring that the animal, whose death is eminent as caused by the hunter, dies in a place and time that ensures the animal goes to the hunter and not the coyotes.
Hate to post on this again, the lady with the dog legally has no right to kill the deer either. The dog only has a right to find it. Its up to the Warden to let anyone to end the suffering. Its not up to citizens, right or wrong, they have to use judgement. I was raised to end any suffering quickly. Thats not the states position.
Hate to post on this again, the lady with the dog legally has no right to kill the deer either. The dog only has a right to find it. Its up to the Warden to let anyone to end the suffering. Its not up to citizens, right or wrong, they have to use judgement. I was raised to end any suffering quickly. Thats not the states position.
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You may be confusing Sec 61.060, which clearly states that "the lady with the dog" may legally dispatch a mortally wounded animal by any humane means if she didn't cause the wound, with Sec 62.0065 (d), which states, "(d) The commission by rule may authorize the use of dogs to trail wounded deer." TPWD Commission authorized: "Not more than two dogs may be used to trail a wounded deer in counties not listed above. A “wounded deer” is a deer leaving a blood trail." The unlawful counties being: Angelina, Hardin, Jasper, Nacogdoches, Newton, Orange, Sabine, San Augustine, Shelby, and Tyler counties.
You may be confusing Sec 61.060, which clearly states that "the lady with the dog" may legally dispatch a mortally wounded animal by any humane means if she didn't cause the wound, with Sec 62.0065 (d), which states, "(d) The commission by rule may authorize the use of dogs to trail wounded deer." TPWD Commission authorized: "Not more than two dogs may be used to trail a wounded deer in counties not listed above. A “wounded deer” is a deer leaving a blood trail." The unlawful counties being: Angelina, Hardin, Jasper, Nacogdoches, Newton, Orange, Sabine, San Augustine, Shelby, and Tyler counties.
I would suggest you try that in a bleeding hearts Game Warden county. Its a judgement call on what needs to be killed to avoid suffering.
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