Federal game wardens

[kyle1974]

Do fed game wardens ever overlap or enforce state regulated game in Texas)? Or do they strictly enforce/have jurisdiction only for federal areas or federally regulated game like migratory birds?

[hully1029]

I'm sure they enforce all.

I've been checked several times at Hagerman while crappie fishing. Always been a pleasant experience.

I seen him cite a guy for no fishing license once. I'm sure the citation went to the nearest justice of peace office.

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[Artos]

I know they work with the state boys often & pretty sure obligated to enforce all game laws if a violation is observed...I've been meaning to ask my fed gw buddy about the scenario in the other thread where a feeder was put up on a pond to stop duck hunting & will get input on this. Should be meeting up for a hunt in the next few days.

[Fmjag64]

Do fed game wardens ever overlap or enforce state regulated game in Texas)? Or do they strictly enforce/have jurisdiction only for federal areas or federally regulated game like migratory birds?

I thought they did it all.

[Bci2nd]

They are federal law enforcement officers and CAN take enforceable action on any offenses but their primary tasks are within federal game reserves.

[PondPopper]

They overlap.

[DirtyDave]

I know they work with the state boys often & pretty sure obligated to enforce all game laws if a violation is observed...I've been meaning to ask my fed gw buddy about the scenario in the other thread where a feeder was put up on a pond to stop duck hunting & will get input on this. Should be meeting up for a hunt in the next few days.

While you're at it. Ask him how he feels about Texas made suppressors. Since they are still federally regulated would he bust someone even though its technically "Legal in Texas" now?

[Muddy Bud]

I’ve been checked twice by the feds while duck hunting. Both times in Aransas Bay. Also both times they were with State Game wardens. Never have encountered one while hunting anything other than ducks.

[Froggy]

I know they work with the state boys often & pretty sure obligated to enforce all game laws if a violation is observed...I've been meaning to ask my fed gw buddy about the scenario in the other thread where a feeder was put up on a pond to stop duck hunting & will get input on this. Should be meeting up for a hunt in the next few days.

That would be at the lease I share with WCB and FireNGuns. The neighbor has since added another feeder and put up small signs that say Caution. Wildlife Feeding Area.

My brother suggested we put up signs that say "Caution. Wildlife Killing Area."

[tvc184]

While you're at it. Ask him how he feels about Texas made suppressors. Since they are still federally regulated would he bust someone even though its technically "Legal in Texas" now?

I don’t believe they are legal in Texas right now. That law says the Texas Attorney General has to get a positive ruling from a federal judge before the law goes into affect. To my knowledge he has not even filed in court, much less gotten a ruling.

If someone has any information about an actual judge making a ruling on the proposed Texas law, I would love to hear it as well probably as everyone else.

[tvc184]

For most other Texas laws, I believe it is unlawful for a federal agent to enforce the law. There are some specific statutes that may say that a federal agent may enforce it. I think DWI for example says that it can be enforced by a federal agent. Of course anyone has the right to make a citizens arrest for certain crimes. By the same reasoning a Texas police officer cannot enforce federal law unless that federal law allows such. A Texas peace officer can gather information of a federal crime and forward that to a federal agency for prosecution and vice versa.

Do state and federal game officers have a law which allows them to enforce federal and/or state laws together? I don’t know. I believe it would take some kind of law allowing it. I am sure if for example any Texas game warden can issue a citation for duck hunting without a federal stamp.

[labman]

For most other Texas laws, I believe it is unlawful for a federal agent to enforce the law. There are some specific statutes that may say that a federal agent may enforce it. I think DWI for example says that it can be enforced by a federal agent. Of course anyone has the right to make a citizens arrest for certain crimes. By the same reasoning a Texas police officer cannot enforce federal law unless that federal law allows such. A Texas peace officer can gather information of a federal crime and forward that to a federal agency for prosecution and vice versa.

Do state and federal game officers have a law which allows them to enforce federal and/or state laws together? I don’t know. I believe it would take some kind of law allowing it. I am sure if for example any Texas game warden can issue a citation for duck hunting without a federal stamp.

It’s been a while so I’ve forgotten the statue, but most larger Fed agencies are granted peace officer status in Texas. I can’t remember the terminology, maybe special investigator? Basically, a fed is granted same arrest powers as a Tx peace officer. Then specific agency policies narrow what statuary authority the Fed can actually enforce.

It’s a good deal for state GW (or any Tx PO) having to deal with the open fields doctrine as it doesn’t apply to the Feds. Especially relevant for if state game wardens are working a strict criminal investigation Vs the usual admin violations.

[tvc184]

It’s been a while so I’ve forgotten the statue, but most larger Fed agencies are granted peace officer status in Texas. I can’t remember the terminology, maybe special investigator? Basically, a fed is granted same arrest powers as a Tx peace officer. Then specific agency policies narrow what statuary authority the Fed can actually enforce.

It’s a good deal for state GW (or any Tx PO) having to deal with the open fields doctrine as it doesn’t apply to the Feds. Especially relevant for if state game wardens are working a strict criminal investigation Vs the usual admin violations.

I don’t think that section gives in peace officer status. In back I think it says just the opposite. I thought it gave powers of arrest for a felony but a citizen can rest for a felony within their presence. Then they were specific and limited laws like a national park officer could enforce state laws in the park.

I don’t believe they have blanket jurisdiction as peace officers in Texas.

[DFWPI]

Well, I had an officer back in the day that felt the need to always go down to the city park and ask everybody for a fishing license, and if they didn't have one, he wrote them a ticket. Finally, after I got a complaint from the parents of a mentally challenged boy, I told him to do some research and show me where he had the authority to ask for a license. He said he did, and likened it to asking for a driver license. I told him that he can't just pull everybody over and ask for a license and then pointed it out to him that he, as a city cop, didn't, and couldn't, ask everybody for a fishing license.



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[labman]

I don’t think that section gives in peace officer status. In back I think it says just the opposite. I thought it gave powers of arrest for a felony but a citizen can rest for a felony within their presence. Then they were specific and limited laws like a national park officer could enforce state laws in the park.

I don’t believe they have blanket jurisdiction as peace officers in Texas.

You're correct, any jurisdiction granted is based on the underlying Fed jurisdiction. DEA for example can work any state crimes involving dope, guns, and related acts. I probably wrote more state search warrants than federal papers. Didn't have to go thru a 10 person review process. Same for state arrest warrants, sometimes done to hold.someone initially on multi individual sealed fed indictments. Good way to buy some time if targets are a flight risk and you are not ready to unseal the indictment and start the discovery clock ticking.

It was a non issue for.me, I kept my state certificate from a small SO and was on the books as a reserve. In 28 years, only one defense attorney attempted to litigate agent standing in a state case.