Need your opinion

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s3779m
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Need your opinion

#1

Post by s3779m » Tue Jul 16, 2019 8:00 am

I hunt deer in the hill country and keep a few cameras set up just to see what is out there. A couple of weeks ago a young (2 year old?) elk started showing up. He has ear tags in both ears so he must have escaped from somebodies game ranch. I have a question for the lawyers and one for the hunters, 1) would it be legal to shoot the animal during hunting season, more important, 2) would it be ethical? I am in the camp of not to shoot, I believe this animal "belongs" to someone but is that how the state of Texas looks at it?
Thanks for any input.


RicoTX
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Re: Need your opinion

#2

Post by RicoTX » Tue Jul 16, 2019 10:12 am

While I believe Elk are not limited to a season such as other animals, I believe the issue you run into is the tagged elk is going to be considered livestock. So, the same rules I think would apply as if it were a cow. Bottom line, not ethical or legal to shoot. Personally I am against game fences and high dollar trophy hunts, but the rules are the rules. I would probably try to find out who it belongs to and let them know just to be neighborly and give them a chance to fix their fence, etc. Now if it was a recurring problem, I might not worry about it so much.
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03Lightningrocks
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Re: Need your opinion

#3

Post by 03Lightningrocks » Tue Jul 16, 2019 10:21 am

RicoTX wrote:
Tue Jul 16, 2019 10:12 am
While I believe Elk are not limited to a season such as other animals, I believe the issue you run into is the tagged elk is going to be considered livestock. So, the same rules I think would apply as if it were a cow. Bottom line, not ethical or legal to shoot. Personally I am against game fences and high dollar trophy hunts, but the rules are the rules. I would probably try to find out who it belongs to and let them know just to be neighborly and give them a chance to fix their fence, etc. Now if it was a recurring problem, I might not worry about it so much.
This.

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Lena
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Re: Need your opinion

#4

Post by Lena » Tue Jul 16, 2019 10:44 am

Call TPW and explain as here, I would NOT shoot at all or consider it.
Stay Safe

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joe817
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Re: Need your opinion

#5

Post by joe817 » Tue Jul 16, 2019 10:46 am

I agree. In my way of thinking, a tagged elk(or any animal for that matter) is akin to a brand on a cow or horse. It claims ownership. I would leave it be.
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Re: Need your opinion

#6

Post by s3779m » Tue Jul 16, 2019 11:06 am

Thanks for all the replies, I agree about not shooting, didn't seem right to shoot something imported.


rotor
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Re: Need your opinion

#7

Post by rotor » Tue Jul 16, 2019 11:16 am

I ran into a similar problem on my property when a bull showed up. I have no livestock on my property. If this elk is considered livestock than by law you need to contact the sheriff of your local county. Look up estray laws in Texas.


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Re: Need your opinion

#8

Post by WTR » Tue Jul 16, 2019 11:53 am

rotor wrote:
Tue Jul 16, 2019 11:16 am
I ran into a similar problem on my property when a bull showed up. I have no livestock on my property. If this elk is considered livestock than by law you need to contact the sheriff of your local county. Look up estray laws in Texas.
:iagree:

Even if the animal is destructive. Call the Sheriff or animal control. Been there done that.


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Re: Need your opinion

#9

Post by s3779m » Tue Jul 16, 2019 12:30 pm

The animal is not destructive, no more than any deer. He wanders in and out as he pleases. He shows up in camera a couple days a week, or has been for about 2 months now. If he came from a game ranch, which is what I assume, it must be fairly far away as I do not know of anyone who has brought in elk. Well,thanks again for all the responses. Looking at the photos, this animal sure don't like the Texas heat.

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03Lightningrocks
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Re: Need your opinion

#10

Post by 03Lightningrocks » Tue Jul 16, 2019 12:41 pm

s3779m wrote:
Tue Jul 16, 2019 12:30 pm
The animal is not destructive, no more than any deer. He wanders in and out as he pleases. He shows up in camera a couple days a week, or has been for about 2 months now. If he came from a game ranch, which is what I assume, it must be fairly far away as I do not know of anyone who has brought in elk. Well,thanks again for all the responses. Looking at the photos, this animal sure don't like the Texas heat.
Could you post a few of the pictures? Does he look sickly?

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Re: Need your opinion

#11

Post by KLB » Tue Jul 16, 2019 12:53 pm

Texas Agriculture Code:
Sec. 142.003. DISCOVERY OF ESTRAY; NOTICE. (a) If an estray, without being herded with other livestock, roams about the property of a person without that person's permission or roams about public property, the owner of the private property or the custodian of the public property, as applicable, shall, as soon as reasonably possible, report the presence of the estray to the sheriff of the county in which the estray is discovered.

(b) After receiving a report under Subsection (a) of this section that an estray has been discovered on private property, the sheriff or the sheriff's designee shall notify the owner, if known, that the estray's location has been reported.

(c) After receiving a report under Subsection (a) that an estray has been discovered on public property, the sheriff or the sheriff's designee shall notify the owner, if known, that the estray's location has been reported, except that if the sheriff or the sheriff's designee determines that the estray is dangerous to the public, the sheriff or the sheriff's designee may immediately impound the estray without notifying the owner.

(d) If the owner does not immediately remove the estray:

(1) the sheriff or the sheriff's designee may proceed with the impoundment process prescribed by Section 142.009; or

(2) if a perilous condition exists, the sheriff or the sheriff's designee may proceed with disposition of the estray under Section 142.015.


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s3779m
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Re: Need your opinion

#12

Post by s3779m » Tue Jul 16, 2019 1:33 pm

00000475 (640x480).jpg
This is one of the pics, don't know how far he does wander.


Archery1
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Re: Need your opinion

#13

Post by Archery1 » Tue Jul 16, 2019 2:05 pm

Your question is more is it ethical. But, then, how would one herd it back to the landowner. Otherwise, game and wild animals are not livestock. They belong to the public domain, regulated for taking by state and federal regulations. We are not in merry old England.

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03Lightningrocks
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Re: Need your opinion

#14

Post by 03Lightningrocks » Tue Jul 16, 2019 2:10 pm

s3779m wrote:
Tue Jul 16, 2019 1:33 pm
https://thttps://texaschlforum.com/down ... 9100000475 (640x480).jpg

This is one of the pics, don't know how far he does wander.
Oh man! That is cool! He looks healthy but kind of thin. Well, thinner than what I was picturing in my head. Pretty nice rack though.


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Re: Need your opinion

#15

Post by WTR » Tue Jul 16, 2019 2:15 pm

Archery1 wrote:
Tue Jul 16, 2019 2:05 pm
Your question is more is it ethical. But, then, how would one herd it back to the landowner. Otherwise, game and wild animals are not livestock. They belong to the public domain, regulated for taking by state and federal regulations. We are not in merry old England.
The Elk is essintially “ branded” with his ear tags. You shoot it and are caught you get arrested. You just need to report the animal and the authorities are obligated to pick it up. The owner will be held responsible for any associated cost . Talk to a Sheriff before you give advise. Thanks

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