Deer DogCuriosity

[SHSU18]

I have a couple questions for the Green Screen. Just curious on what the rules state and had a buddy wondering as well. When you shoot a deer with a bow and call in a dog in bow season, is the dogs owner allowed to use a gun to dispatch it? Even though its bow season only? My second would be on tagging it? If the person with the dog makes the finishing kill, shouldn't they be legally tagging the animal? Just sparking up some conversation lol

[Calrob]

Nope and nope.

[SHSU18]

Nope and nope.

That's the common sense answer. Is there anything actually on this? So you thing these guys with dogs have been finishing these wounded deer off with a bow? And are they allowed to dispatch them at night? it is illegal to kill a deer at night.

[Calrob]

My Grandfather was a Game Warden. The legal answer to both is no. The humane answer may not be the same.

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[Calrob]

Pocket knife might be legal furing archery season...

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[Sika]

61.060. DEFENSE TO PROSECUTION: HUMANE DISPATCH OF
CERTAIN GAME ANIMALS AND BIRDS. (a) In this section:
(1) "Dispatch" means to kill by any humane method.
(2) "Game animal" has the meaning assigned by Section
63.001.
(3) "Game bird" has the meaning assigned by Section
64.001.
(b) It is a defense to prosecution for a violation of this
chapter or of a regulation adopted or proclamation issued under the
authority of this chapter by the commission that the actor
dispatched a game animal or game bird that:
(1) was mortally wounded, not through the actor's
conduct; or
(2) behaved in a manner that:
(A) is inconsistent with the manner in which a
game animal or game bird that is not diseased typically behaves;
and
(B) leads a reasonable person to believe that the
game animal or game bird poses a substantial risk of serious harm to
itself, a person, or other wildlife.
(c) The commission may adopt rules, including rules
concerning the disposition of a game animal or a game bird that has
been dispatched under this section, to implement this section.

Added by Acts 2005, 79th Leg., ch. 157, § 1, eff. May 24, 2005.

[Calrob]

Bingo

[MRWHITE87]

I read that as common sense in a law?
Is that what I read?
Can't be right...

[Sika]

Also allegedly clipped from the General Orders from the Law Enforcement Division at TPW.

Quote:
2.2 To “hunt” and to “retrieve” are separate and distinct acts.

2.3 For purposes of this TPWD policy, the “hunt” is over at the end of legal hunting hours when the game animal is either wounded or killed. It is practically impossible for a hunter to know in all cases if he/she is retrieving a wounded animal or a dead animal.

2.4 This policy is consistent with the language of TPW Code, Sec. 62.011, which makes it clear that the duty to retrieve is triggered by the killing or wounding of the game animal regardless of the fact that legal hunting time may have expired.

2.5 In order to avoid conflict between failure to retrieve a game animal or game bird and other general hunting statutes (hunting at night, hunting with a light, hunting for hire, and/or tagging a deer), and in order to provide consistent law enforcement statewide and to assist hunters and persons in complying with the retrieval and waste of game statute (TPWD Code, §62.011), Texas game wardens will allow the practice of retrieving legitimately wounded game as outlined by the following Procedures/Guidelines.

3.1 Definitions

3.1.1 Dispatch – means to kill by a humane method.

3.1.2 Wounded deer – means a deer that is showing signs of injury and/or is leaving a blood trail, when shot (legal firearm or lawful archery or crossbow) and wounded by a hunter. (One caveat; A wounded deer is defined in regulation as a deer leaving a trail of blood; however, not all wounded deer leave a blood trail; therefore, a deer that is showing obvious signs of injury from being shot may be considered a wounded deer).

[SmTx]

Bingo

[Calrob]

Legally, the answer to both is no. That common sense and what is humane varies by county and Warden. Its all judgement call by the Warden. My Gpa would hand you his pistol to end the suffering. I know some that wouldnt.

[SHSU18]

yall are good!

[tex4k]

It's a slippery slope up the side of a $#!+ mountain with a greedy govt monster living in the swamp below! Ethically the goal should be to recover a wounded or potentially lost animal. Realistically it's going to depend on how the person enforcing the law interprets the law and the circumstances.

I stand corrected after reading Sika's post!

[Razorback01]

It's usually, just like other situations, what is the "right" thing to do, isn't legal, and what is legal isn't right. Ethics plays a large part in it, even if it means explaining it to judge or jury. Just my two cents.

[Quackerbox]

Sitka is the only person to listen to here folks.

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