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narcissist wrote: ↑Tue Jul 16, 2019 5:04 pm

s3779m wrote: ↑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.

It's considered a exotic game animal, ear tags or not my uncle owns a game ranch in the hill country and if his "ear tagged" exotics get loose it's to bad. Ethically, it would all depends on how you feel about the situation and if you can live with eating some good ol elk meat. Now being in a camp area of not to shoot is completely different, but if any exotic crosses on to your own personal property at any time of year you can shoot it. As long as you own at least 10 acres, Elk makes great jerky meat. Cattle of course are not considered exotics, they are livestock big difference.

It does matter depending on if you are open or closed range. If you are on open range they are still the owners.

Well, all is well now. He is gone as his wealthy girlfriend got tired of him and kicked him to the curb. A tight new 5 wire fence was put up. She only runs horses and our cattle are well settled.

Archery1 wrote: ↑Tue Jul 16, 2019 3:10 pm

WTR wrote: ↑Tue Jul 16, 2019 2:57 pm

Archery1 wrote: ↑Tue Jul 16, 2019 2:51 pm [quote=WTR post_id=<a href="tel:1256350">1256350</a> time=<a href="tel:1563306460">1563306460</a> user_id=19425]
Was told by a Sheriff’s Deputy in Grayson County that any animal which is branded or tagged ( cattle, goats ,deer-did not discuss Elk) would be considered person property and it would be illegal to dispatch it. If a deer was not tagged and killed, we could go the poaching route.

If you see some, tell them you want removed from your property as the landowner, which they are obligated to do :)

Unfortunately ,if the offending animal has destroyed a “ common” fence, both neighbor are responsible for the cost of repair.

Unless agreed upon, if he wants to keep his animals off your property the animal owner will bear cost or leave fence as be. Point being, the onus is on the animal owner to keep his animals off your property, that's the estray law application. Short of the Sheriff hunting your land with a dart gun or trap, which he won't, the issue legally is for the animal owner not to use your land as grazing for his animals.
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We had a very irresponsible “ poor little rich boy” neighbor who could give a flip about the fence. We had both Bison and A longhorn bull destroy it. If we wanted the fence repaired, we had to pay for half of the repairs. He ultimately got rid of his animals but we wanted to keep ours in our pasture

joe817 wrote: ↑Tue Jul 16, 2019 3:04 pm

WTR wrote: ↑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

A good place to start is with your local Texas State Game Warden. That would my choice of who I contact first.

Actually, when I began making my calls I was referred to the Sheriffs office or animal control. I got in touch with the Sherrif and he got animal control to come out and pick up the animals.

Archery1 wrote: ↑Tue Jul 16, 2019 2:51 pm [quote=WTR post_id=<a href="tel:1256350">1256350</a> time=<a href="tel:1563306460">1563306460</a> user_id=19425]
Was told by a Sheriff’s Deputy in Grayson County that any animal which is branded or tagged ( cattle, goats ,deer-did not discuss Elk) would be considered person property and it would be illegal to dispatch it. If a deer was not tagged and killed, we could go the poaching route.

If you see some, tell them you want removed from your property as the landowner, which they are obligated to do :)
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Yes, I had already address that the County is obligated to remove the animal and the owner is responsible for the cost of removals and upkeep. Unfortunately ,if the offending animal has destroyed a “ common” fence, both neighbor are responsible for the cost of repair.

Was told by a Sheriff’s Deputy in Grayson County that any animal which is branded or tagged ( cattle, goats ,deer-did not discuss Elk) would be considered person property and it would be illegal to dispatch it. If a deer was not tagged and killed, we could go the poaching route.

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

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.

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