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

[Zookeeper]

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.

This news story is pretty clear on the Hunt County case.

http://www.wfaa.com/news/texas-news/Who-owns-all-deer-in-Texas-You-may-be-surprised-111499214.html

[The Crippler]

This news story is pretty clear on the Hunt County case.
http://www.wfaa.com/news/texas-news/...111499214.html

Capt. Garry Collins is wrong

[Zookeeper]

OK so how does that work. If a rancher put up HF. Trapping white tail I own . How can he charge me to shoot that deer. How can they put a price on white tail we own

He will charge you the same way the guy does on a low fence property. May be a little more for feeding them

[dstrong]

It's safe to assume that it's not that black and white is it.

[Split Arrow]

Game animals are owned by the people of the state, not the state itself. There's a unique distinction between the two.

[Split Arrow]

OK so how does that work. If a rancher put up HF. Trapping white tail I own . How can he charge me to shoot that deer. How can they put a price on white tail we own

Couldn't the same question be asked if there wasn't a HF in place?

[Zookeeper]

Capt. Garry Collins is wrong

The part that is clear about this case is that the people were involved in an illegal operation making hundreds of thousands of dollars putting the free ranging herd at risk. Ownership had nothing to do with it. That is why the deer are dead and the people in prison.

[RogueSamurai]

To the exact letter of the law the deer belong to the PEOPLE of the State as opposed to the State itself.

The reason for the verbage and the difference is to protect the State from being liable for the damage that deer do to cars/people etc. If a deer is state property, like a state troopers car for intance, then the state is then liable for it. If the deer belongs to the PEOPLE of the state, then the State and moreover the Government of the State isn't liable.

According to Urban Legend this came from an attorney that hit a deer and was going to be charged a "replacement fee". (some state do have this) According to legend the Attorney said, "very well, I'll pay your $2500 replacement fee but your $2500 deer just demolished my $25000 car".

This was some time ago and I don't know if it's true but it illustrates the point. If State of Texas owns the deer, the State of Texas is liable for them but not if the "People" own them.

[dstrong]

Couldn't the same question be asked if there wasn't a HF in place?

If its his land, he charging you for the privilege to access his land which he owns, in which he puts you up in his lodge that he may have spent 100s of thousands on if not a million. He's also charging you for the fabulous fresh cooked meals prepared and served to you daily, staff waiting on you hand and foot, as well as all the hard work, time and money he spent managing your deer to the best potential they can reach. Other than that the deer is just a bonus

[Stevotary]

You can trap wild deer and release them in the wild any where with a permit including high fence ranches. You cannot take a deer from your ranch (high fence or not) and put them in a pen for breeding purposes. The breeder deer that are in the pens today are grandfathered in. They actually origianally got there illegally but some rich guys lobbied to legalize existing penned whitetail. They are owned by the breeder but highly monitored and regulated by the state. Every offspring has to be tagged and registered.

[dstrong]

You can trap wild deer and release them in the wild any where with a permit including high fence ranches. You cannot take a deer from your ranch (high fence or not) and put them in a pen for breeding purposes. The breeder deer that are in the pens today are grandfathered in. They actually origianally got there illegally but some rich guys lobbied to legalize existing penned whitetail. They are owned by the breeder but highly monitored and regulated by the state. Every offspring has to be tagged and registered.

Your not completely correct.

"You cannot take a deer from your ranch (high fence or not) and put them in a pen for breeding purposes."

You absolutely can through a DMP Program.

[Zookeeper]

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?

I think that it would be safer to say that the State regulates all of the Native wildlife.

[Stevotary]

Your not completely correct.

"You cannot take a deer from your ranch (high fence or not) and put them in a pen for breeding purposes."

You absolutely can through a DMP Program.

You can go from pen to pen, pen to wild or wild to wild. You can not take a wild deer and put it into a breeding operation in Texas leagally. If released or born in the wild you cannot trap and put into breeding pens.

[dstrong]

You can go from pen to pen, pen to wild or wild to wild. You can not take a wild deer and put it into a breeding operation in Texas leagally. If released or born in the wild you cannot trap and put into breeding pens.

The Deer Management Permit (DMP) authorizes owners of high-fenced properties to temporarily detain white-
tailed deer in breeding pens located on the property for the purpose of natural breeding. Deer may not be detained for purposes that do not include natural breeding (i.e. "soft release" of bred TTT deer).

[The Crippler]

To the exact letter of the law the deer belong to the PEOPLE of the State as opposed to the State itself.

The reason for the verbage and the difference is to protect the State from being liable for the damage that deer do to cars/people etc. If a deer is state property, like a state troopers car for intance, then the state is then liable for it. If the deer belongs to the PEOPLE of the state, then the State and moreover the Government of the State isn't liable.

According to Urban Legend this came from an attorney that hit a deer and was going to be charged a "replacement fee". (some state do have this) According to legend the Attorney said, "very well, I'll pay your $2500 replacement fee but your $2500 deer just demolished my $25000 car".

This was some time ago and I don't know if it's true but it illustrates the point. If State of Texas owns the deer, the State of Texas is liable for them but not if the "People" own them.

That's a creative theory, but I believe the concept evolved from the English common law, way before automobile liability.