Originally posted by donpablo
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Hunting & Wildlife FAQ - General Questions
Q1: A deer has been hit on the highway, what do I do?
A1: If the deer is just injured call your local game warden dispatcher. If you are absolutely sure the deer is dead, you may move it off the roadway and leave it there. Texas Department of Transportation will remove the dead animal. It is illegal to tag the deer (or any game animal for that matter) and take it with you.
I understand a vehicle is not a legal means to take a deer, doesn't specify what kind of deer.
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"hunt any wild animal or wild bird, including exotic animals, on foot or from a vehicle on any public road or road right- of-way..."
Originally posted by donpablo View PostKey word here is, "hunt." Picking up a non-game animal and/or part of it off the side of the road is not illegal.
Hunt
To capture, trap, take, or kill, and includes the act of attempting to capture, trap, take, or kill.
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Originally posted by kurt68 View PostHunting & Wildlife FAQ - General Questions
Q1: A deer has been hit on the highway, what do I do?
A1: If the deer is just injured call your local game warden dispatcher. If you are absolutely sure the deer is dead, you may move it off the roadway and leave it there. Texas Department of Transportation will remove the dead animal. It is illegal to tag the deer (or any game animal for that matter) and take it with you.
I understand a vehicle is not a legal means to take a deer, doesn't specify what kind of deer.
Originally posted by Native Texan View Post"hunt any wild animal or wild bird, including exotic animals, on foot or from a vehicle on any public road or road right- of-way..."
From the regulations book:
Hunt
To capture, trap, take, or kill, and includes the act of attempting to capture, trap, take, or kill.
It is illegal to possess a deer or any part of a deer that has been hit by a
motor vehicle.
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Originally posted by donpablo View Post1st this if FAQ, not a law. 2nd, exotics are considered livestock, not deer.
I'm sorry but I don't buy that in a court of law the definition of the word hunt in the regulation book would be construed to include picking up a roadkilled carcass. The guy at TPWD says the law that makes it illegal to pick up a deer or part of a deer from the side of the road (as stated above) is the regulation in the annual stating:
And again, exotics aren't considered deer, they're considered livestock.
TPWD: Game or quarry is any animal hunted for its meat or for sport. Small game includes small animals, such as rabbits, pheasants, geese or ducks. Large game includes animals like deer, moose, and bear.
axis are not livestock according to TPWD. If you hunt it for ANY reason it is considered a game animal. Just like hunting pigs or exotics, you still need a hunting license to legally hunt them even though there is not a "regulated season" on them.
to hunt: To pursue and kill (a wild animal) for sport or food.
To search determinedly for someone or something.
if you picked up roadkill is that not hunting? you took it, therefore you for some reason were searching for something were you not?....... you picked that deer up for meat or for it's horns...... therefore you were hunting and in the search of something.
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Originally posted by forced-2-work View PostTPWD: Game or quarry is any animal hunted for its meat or for sport. Small game includes small animals, such as rabbits, pheasants, geese or ducks. Large game includes animals like deer, moose, and bear.
axis are not livestock according to TPWD. If you hunt it for ANY reason it is considered a game animal. Just like hunting pigs or exotics, you still need a hunting license to legally hunt them even though there is not a "regulated season" on them.
to hunt: To pursue and kill (a wild animal) for sport or food.
To search determinedly for someone or something.
if you picked up roadkill is that not hunting? you took it, therefore you for some reason were searching for something were you not?....... you picked that deer up for meat or for it's horns...... therefore you were hunting and in the search of something.
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Originally posted by donpablo View PostLook up the law (it' been posted on here several times). Even though they still require a hunting license, they've now classified exotics as livestock. By the definition you're stating I could go to an auction, buy an axis and hunt it home from there. Or if I were to find an old mount of an elk in a pawn shop I could buy it and hunt it home. Or I could give my cousin some ground venison and he and I have now hunted the same deer and since he didn't buy a license, he's now committed a crime, right? Can't hunt without a license. But if taking (physically possessing) any wildlife is hunting then by your definition he's a poacher.
Look at one of the definitions of "to hunt" TO SEARCH FOR SOMETHING
In all those examples you were searching for something. So yes you were hunting for those items. Multiple meanings to the word.
The deer meat thing doesn't matter and has no bearing on the conversation of "taking possession of an animal". At the point the meat is processed, the animal as already been taken possession of cause how else would you be able to process the meat!?
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Originally posted by kurt68 View PostHunting & Wildlife FAQ - General Questions
Q1: A deer has been hit on the highway, what do I do?
A1: If the deer is just injured call your local game warden dispatcher. If you are absolutely sure the deer is dead, you may move it off the roadway and leave it there. Texas Department of Transportation will remove the dead animal. It is illegal to tag the deer (or any game animal for that matter) and take it with you.
I understand a vehicle is not a legal means to take a deer, doesn't specify what kind of deer.
But the clarifying statement “(or any game animal for that matter)” signifies that the deer is question is a game animal (whitetail or Mule deer in Texas).
Non-native ungulates are not regulated as game animals in Texas.
The intent of the alleged law would be to stop people intentionally hunting from public roadways (whether they are hunting by Ranch Hand or projectile). This is the reason you may not possess roadkill game animals in Texas.
None of the wardens I know would deny permission to pick up an Axis carcass. Just call one if you want to CYA.
There is no tagging requirement for exotic ungulates. If it is, in fact, against the law to pick up roadkill exotics (I can’t find any statute spelling that out) a warden would have a hell of a time proving you picked it up off the road unless you tell him you did...
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