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Old 11-29-2019, 06:58 PM   #1
Sideler
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Default Axis Road Kill?

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

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Old 11-29-2019, 07:00 PM   #2
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Cut it
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Old 11-29-2019, 07:00 PM   #3
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The back straps will taste better than the head


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Old 11-29-2019, 07:00 PM   #4
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Post pics when u get done cutting


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Old 11-29-2019, 07:05 PM   #5
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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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Old 11-29-2019, 08:23 PM   #6
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Is your truck ok?
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Old 11-29-2019, 11:37 PM   #7
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Yep, they aren't "deer" legally in TX so cut away!
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Old 12-01-2019, 09:22 AM   #8
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Never thought about it, good question. Guess legal.
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Old 12-01-2019, 09:24 AM   #9
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Are they livestock?
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Old 12-01-2019, 09:27 AM   #10
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Makes you wonder. Ask GW
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Old 12-01-2019, 09:28 AM   #11
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Interesting. Never have thought about it just figured illegal. In for the answer.
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Old 12-02-2019, 10:13 AM   #12
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Interested as well? I heard no but, would like to hear what others say.
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Old 12-02-2019, 10:16 AM   #13
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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.
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Old 12-02-2019, 10:18 AM   #14
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Didn't they recently make it illegal for exotics also?

Might be mistaken
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Old 12-02-2019, 09:09 PM   #15
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Pick it up. Dang good eating too.
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Old 12-02-2019, 09:14 PM   #16
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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.
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Old 12-02-2019, 11:55 PM   #17
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Question Really?

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Originally Posted by Hawkpuppy 1 View Post
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)?
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Old 12-03-2019, 04:40 AM   #18
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Never thought of that.. hmm.. in for correct answer

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Old 12-03-2019, 04:43 PM   #19
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bump
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Old 12-03-2019, 04:49 PM   #20
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Quote:
Originally Posted by Hawkpuppy 1 View Post
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.
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Old 12-03-2019, 05:03 PM   #21
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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.
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Old 12-03-2019, 05:09 PM   #22
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Originally Posted by forced-2-work View Post
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.
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Old 12-03-2019, 07:05 PM   #23
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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.
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Old 12-03-2019, 10:34 PM   #24
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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.
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Old 12-03-2019, 10:43 PM   #25
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Quote:
Originally Posted by Hawkpuppy 1 View Post
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.
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Old 12-04-2019, 01:44 AM   #26
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Bunp

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Old 12-04-2019, 02:04 AM   #27
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I always thought the roadkill law was one of the dumbest game laws in texas.
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Old 12-04-2019, 10:24 AM   #28
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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.
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Old 12-04-2019, 01:15 PM   #29
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Quote:
Originally Posted by forced-2-work View Post
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
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Old 12-04-2019, 01:40 PM   #30
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Quote:
Originally Posted by forced-2-work View Post
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.
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Old 12-04-2019, 02:31 PM   #31
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Quote:
Originally Posted by donpablo View Post
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.
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Old 12-04-2019, 02:38 PM   #32
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This thread’s been alive long enough that someone would’ve found this law by now. $10 says it doesn’t exist. Any takers?
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Old 12-04-2019, 02:58 PM   #33
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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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Old 12-04-2019, 03:28 PM   #34
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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?
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Old 12-04-2019, 04:14 PM   #35
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Quote:
Originally Posted by forced-2-work View Post
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.
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Old 12-04-2019, 04:42 PM   #36
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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..."


Quote:
Originally Posted by donpablo View Post
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.
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Old 12-04-2019, 05:06 PM   #37
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Quote:
Originally Posted by kurt68 View Post
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.

Quote:
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.
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:

Quote:
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.
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Old 12-04-2019, 05:17 PM   #38
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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.
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Old 12-04-2019, 05:23 PM   #39
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Quote:
Originally Posted by donpablo View Post
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.
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Old 12-04-2019, 07:10 PM   #40
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Quote:
Originally Posted by forced-2-work View Post
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.
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Old 12-04-2019, 07:11 PM   #41
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You can hunt them at night if you want. "invasive species"
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Old 12-04-2019, 07:18 PM   #42
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By that same definition I would be poaching if I bought an exotic but didn't possess a valid hunting license.
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Old 12-04-2019, 07:38 PM   #43
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Quote:
Originally Posted by donpablo View Post
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!?
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Old 12-04-2019, 09:19 PM   #44
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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?
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Old 12-04-2019, 09:23 PM   #45
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Quote:
Originally Posted by kurt68 View Post
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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Old 12-04-2019, 09:36 PM   #46
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Depends if the critter would look good up on the TPWD office wall!


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Old 12-04-2019, 09:41 PM   #47
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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.
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Old 12-04-2019, 10:11 PM   #48
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"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/
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Old 12-04-2019, 11:34 PM   #49
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Quote:
Originally Posted by trophy8 View Post
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.
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Old 12-05-2019, 02:18 AM   #50
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Quote:
Originally Posted by Native Texan View Post
"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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