Axis Road Kill?

[Sideler]

Axis are not considered game animals, so can you cut the heads off of road kill?

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[Grulla]

Cut it

[sideways]

The back straps will taste better than the head


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[sideways]

Post pics when u get done cutting


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[Sideler]

A friend was talking about a big dead axis he saw on the side of the road and that got me to thinking about if it was legal to take the antlers.

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[alien_scones]

Is your truck ok?

[Jspradley]

Yep, they aren't "deer" legally in TX so cut away!

[Paycheck]

Never thought about it, good question. Guess legal.

[RiverRat1]

Are they livestock?

[gatt40]

Makes you wonder. Ask GW

[Antlers86]

Interesting. Never have thought about it just figured illegal. In for the answer.

[Oldblue]

Interested as well? I heard no but, would like to hear what others say.

[Texastaxi]

The first axis meat I ever ate came from a roadkill buck that we picked up outside Bandera.

FTR, it was close to freezing outside, and the deer was still hot, when we found it, and the only damage was a broken antler. It must have been hit in the head only; we didn't find any bruising or bleeding at all, when we skinned it.

[150class]

Didn't they recently make it illegal for exotics also?

Might be mistaken

[denimdeerslayer]

Pick it up. Dang good eating too.

[Hawkpuppy 1]

Not legal. Even though not a game animal, hit by car is not a legal means nor is it legal to take something from a public roadway.

[donpablo]

Originally Posted by Hawkpuppy 1

Not legal. Even though not a game animal, hit by car is not a legal means nor is it legal to take something from a public roadway.

Show me the law that says it is illegal to take something from a roadway. Not saying you're wrong, just have never heard of such a law. Are we talking only wildlife or are we talking trash as well? Are coyotes included? Is there a law forbidding the taking of roadkilled livestock (exotics are considered nongame or livestock depending on whether or not it has an eartag)?

[hully1029]

Never thought of that.. hmm.. in for correct answer

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[donpablo]

bump

[bigbad243]

Originally Posted by Hawkpuppy 1

Not legal. Even though not a game animal, hit by car is not a legal means nor is it legal to take something from a public roadway.

Show me what is legal means for an exotic.

[forced-2-work]

I have always been told that it is illegal to take or pick up any roadkill in the state of Texas. (I do not have the exact law that says that) just what I have always been told and what the good-ole inter-web says also.

[donpablo]

Originally Posted by forced-2-work

I have always been told that it is illegal to take or pick up any roadkill in the state of Texas. (I do not have the exact law that says that) just what I have always been told and what the good-ole inter-web says also.

I've seen that law (don't remember where) regarding game animals. Exotics are not classified as such.

[Dr. Evil]

I came across an axis buck that had been hit by a car and both back legs were shattered. He was dragging himself around by the front legs. I called Sheriff.. Deputy came out, put a bullet through it’s head, and then helped me load it in my truck. Was my first axis meat.

[Hawkpuppy 1]

From TPWD:

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, or a boat on public water, except that migratory waterfowl may be hunted from a boat or any floating craft (except a sinkbox) under certain conditions.

Main thing here is that it is done on a public roadway. GW's in Kerr county I know deal with it all the time. Most times if you hit one and call it in, they will let you pick up an exotic.

[donpablo]

Originally Posted by Hawkpuppy 1

From TPWD:

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, or a boat on public water, except that migratory waterfowl may be hunted from a boat or any floating craft (except a sinkbox) under certain conditions.

Main thing here is that it is done on a public roadway. GW's in Kerr county I know deal with it all the time. Most times if you hit one and call it in, they will let you pick up an exotic.

Key word here is, "hunt." Picking up a non-game animal and/or part of it off the side of the road is not illegal.

[Hart8]

Bunp

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[sharpstick35]

I always thought the roadkill law was one of the dumbest game laws in texas.

[forced-2-work]

Just confirmed with a GW so everyone knows......it is ILLEGAL to pick up ANY roadkill of ANY KIND on Texas roads without contacting a GW first to get permission.

[lab man]

Originally Posted by forced-2-work

Just confirmed with a GW so everyone knows......it is ILLEGAL to pick up ANY roadkill of ANY KIND on Texas roads without contacting a GW first to get permission.

I believe that Tink was trying to change that law a couple years ago when he was trying to get elected to Congress. The media had fun with that

[donpablo]

Originally Posted by forced-2-work

Just confirmed with a GW so everyone knows......it is ILLEGAL to pick up ANY roadkill of ANY KIND on Texas roads without contacting a GW first to get permission.

Was he able to cite the actual law? I've had to point out to an officer before that he misinterpreted the law. I was real respectful and he was cool about it.

[forced-2-work]

Originally Posted by donpablo

Was he able to cite the actual law? I've had to point out to an officer before that he misinterpreted the law. I was real respectful and he was cool about it.

I did not ask him to quote the specific law. The GW is the brother-in-law of a coworker and my coworker contacted him in front of me and asked him over the phone. I heard him answer and then he said "call any GW and they will tell you the same." So I believed him and didn't take anymore of his time.

[donpablo]

This thread’s been alive long enough that someone would’ve found this law by now. $10 says it doesn’t exist. Any takers?

[kurt68]

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.

[Troutamer]

So ive never shot an axis not out of a vehicle and only killed one in the daylight and your telling me I cant pick the horns up off the rd?

[gingib]

Originally Posted by forced-2-work

Just confirmed with a GW so everyone knows......it is ILLEGAL to pick up ANY roadkill of ANY KIND on Texas roads without contacting a GW first to get permission.

[Native Texan]

"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

Key word here is, "hunt." Picking up a non-game animal and/or part of it off the side of the road is not illegal.

From the regulations book:

Hunt
To capture, trap, take, or kill, and includes the act of attempting to capture, trap, take, or kill.

[donpablo]

Originally Posted by kurt68

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.

1st this if FAQ, not a law. 2nd, exotics are considered livestock, not deer.

Originally Posted by Native Texan

"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.

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:

It is illegal to possess a deer or any part of a deer that has been hit by a
motor vehicle.

And again, exotics aren't considered deer, they're considered livestock.

[donpablo]

At one point the state considered them strictly non-game. But since they've reclassified them as livestock and restricted their hunting if/when an ear tag is conspicuously visible. They can't have it both ways.

[forced-2-work]

Originally Posted by donpablo

1st 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.

[donpablo]

Originally Posted by forced-2-work

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.

Look 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.

[Witchita]

You can hunt them at night if you want. "invasive species"

[donpablo]

By that same definition I would be poaching if I bought an exotic but didn't possess a valid hunting license.

[forced-2-work]

Originally Posted by donpablo

Look 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.

Yes you "hunted" for an axis at the auction and found one to take it home. You "hunted" for an elk mount at a pawn shop and found one to take it home. Your cousin was "hunting" for some deer meat and got some from you.

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!?

[trophy8]

Originally Posted by donpablo

By that same definition I would be poaching if I bought an exotic but didn't possess a valid hunting license.

Why does this bother you so much? That Crockett/Pecos county warden hammer you for it or what?

[bpa556]

Originally Posted by kurt68

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.

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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[whopper1800]

Depends if the critter would look good up on the TPWD office wall!


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[SmTx]

Antlered exotics dead on the side of the road is what the sawzall in the truck is for.

Any game warden sitting over a roadkill exotic needs to make better use of their time.

[Native Texan]

"State game warden chief of staff David Sinclair said that he made two cases in Kerr County involving motorists who intentionally ran over exotic deer (one axis and one sika) in order to take possession. Sinclair said he watched the drivers intentionally swerve off asphalt roads and into ditches to strike the animals."

https://www.dallasnews.com/news/2012...varmints-here/

[donpablo]

Originally Posted by trophy8

Why does this bother you so much? That Crockett/Pecos county warden hammer you for it or what?

I've never been cited by a game warden. However I did hear that you and your dad got lucky on an occasion or two.

[bpa556]

Originally Posted by Native Texan

"State game warden chief of staff David Sinclair said that he made two cases in Kerr County involving motorists who intentionally ran over exotic deer (one axis and one sika) in order to take possession. Sinclair said he watched the drivers intentionally swerve off asphalt roads and into ditches to strike the animals."

https://www.dallasnews.com/news/2012...varmints-here/

Intentionally swerving into the bar ditch after the animal is “hunting”. Striking the animal with your vehicle is “taking”. Those are “Hunting on a Public Right of Way” cases.

I understood the OP to be asking: Is it legal to recover a roadkill Axis that was not intentionally “taken”?


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