Who legally "own's" the deer in Texas?

[LennyWayne]

Is it true that the State of Texas owns all of the wildlife in Texas?

If so, what if the landowner has a "high fence" breeding operation? Do the animals that he breeds (and I assume...sells to other breeders) also belong to the State of Texas?

Is this specific to Whitetail deer, or does it apply to all indigenous wildlife?

[BigTex.308]

Is it true that the State of Texas owns all of the wildlife in Texas?

If so, what if the landowner has a "high fence" breeding operation? Do the animals that he breeds (and I assume...sells to other breeders) also belong to the State of Texas?

Is this specific to Whitetail deer, or does it apply to all indigenous wildlife?

From what i understand that's pretty much it.

You would think you could do what u want in a high fence situation, but that's not the case



Ike

[az2tx]

I think they way it works is the "game animals" belong to the State, even if they are behind the high fence. I think this even applies if a landowner buys property, high fences it and buys deer from an out of state breeder and stocks his ranch.

[jenningsshuter]

Whitetails are most definitely regulated, high fence or not. There are regulations in place governing importation of whitetails as well. Non-regulated species (Axis, Blackbuck, etc. ) are a whole different deal.

[Silent Assassin]

That's not what TPWD Instructor told in HE class. He said People of Texas owns it. Not the State. We own the wildlife in Texas, that's my understanding in the HE class I took three years ago. State regulates it.

[JeffJ]

I think they way it works is the "game animals" belong to the State, even if they are behind the high fence. I think this even applies if a landowner buys property, high fences it and buys deer from an out of state breeder and stocks his ranch.

You are correct. As soon as a deer from inside a breeding facility hits the ground in a pasture not liscensed as a breeding facility he is property of the great state of Texas and subject to the game laws.

No sense in anyone getting panties all bunched up over breeder deer belonging to the state or not. We are probably 20+ generations since a wild deer was put in to a breeding pen. DMP excluded of course, but that is a different animal all together.

[Grayson]

It depends who you ask.

[wlfhound27]

Pretty sure there state owned no matter what. TPWD, in 2010 killed all the deer at a breeding high fence ranch in Hunt co. and when asked why are they killing them, they said " If a deer crosses the stateline and is not checked in properly than we have every right to eradicate the deer that come into our state." They killed every deer on the farm because it was endangering the "STATES" free ranging wildlife.

[JeffJ]

Pretty sure there state owned no matter what. TPWD, in 2010 killed all the deer at a breeding high fence ranch in Hunt co. and when asked why are they killing them, they said " If a deer crosses the stateline and is not checked in properly than we have every right to eradicate the deer that come into our state." They killed every deer on the farm because it was endangering the "STATES" free ranging wildlife.

Pretty sure the state didnt need to "own" the deer under this situation. The rules were broken and the protocol was followed.

The state doesnt own me but if I commit premediated 1st degree murder and and found guilty of the crime and sentenced to death the states laws apply to me.

They dont have to own it to regulate it.

[jfalcone8]

The state does NOT own our wildlife! The people of the state own the wildlife. However, the state regulates the wildlife, Just as the state regulates us.

Therefore, the deer on that high fence is owned by you and I and every other citizen in this state.

[BigTex.308]

The state does NOT own our wildlife! The people of the state own the wildlife. However, the state regulates the wildlife, Just as the state regulates us.

Therefore, the deer on that high fence is owned by you and I and every other citizen in this state.

Then I'm gonna go take em. Afterall, they're mine




Ike

[dstrong]

The state does NOT own our wildlife! The people of the state own the wildlife. However, the state regulates the wildlife, Just as the state regulates us.

Therefore, the deer on that high fence is owned by you and I and every other citizen in this state.

LOL! Not that cut and dry is it....

[The Crippler]

It depends who you ask.

x2...I believe that the issue as it relates to high-fencing is not settled. Current case law relies on the old common law theory of ferae naturae, that is, nobody owns wild animals until they are reduced to lawful possession - they are a resource common to all people. Traditionally, possession was achieved by capture or killing. There is sufficient evidence found in current case law to support the position that breeder deer and their offspring can be owned by individuals as livestock; however, does high-fencing a property and subsequently confining native deer reduce those native deer to the possession of the landowner? Quite simply, I don't believe that it has been decided yet.

The State clearly does not own the deer. Regulation is not based on possession.

[JeffJ]

x2...I believe that the issue as it relates to high-fencing is not settled. Current case law relies on the old common law theory of ferae naturae, that is, nobody owns wild animals until they are reduced to lawful possession - they are a resource common to all people. Traditionally, possession was achieved by capture or killing. There is sufficient evidence found in current case law to support the position that breeder deer and their offspring can be owned by individuals as livestock; however, does high-fencing a property and subsequently confining native deer reduce those native deer to the possession of the landowner? Quite simply, I don't believe that it has been decided yet.

The State clearly does not own the deer. Regulation is not based on possession.

Current TPWD and state regs say that deer held within a high fence ranch, but not a regulated breeding facility, are not private property.

[The Crippler]

Current TPWD and state regs say that deer held within a high fence ranch, but not a regulated breeding facility, are not private property.

Ok?