Need your opinion

[Archery1]

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

TPW advised that one should report (that is if known to tagged) according to astray laws: Hunting

"Are exotic animals that happen to show up on my property fair game?

It depends! If an exotic animal has a visible tag, brand, or other identifying mark, a person should contact the local sheriff's office and report the exotic animal. Texas estray laws apply to marked exotic animals and the local sheriff is responsible for their enforcement. Exotic animals that are not marked and are free ranging that have wandered onto private property may be hunted with a hunting license, provided the owner of the property allows hunting. However, if an exotic animal appears on your property and you know that it is privately owned, then the ethical approach is to contact the owner."

The OP knows, so ethically, as stated, it's their choice. Game animals are migratory by nature. If he shot and found a tag, or chose to unethical, there's nothing to state punishment.

[Lynyrd]

IMHO that is not "livestock" and as such is not covered by agriculture codes. Elk are defined by Texas Parks and Wildlife as an exotic species.

Exotic Animals And Fowl
An exotic animal is any animal that is not indigenous to Texas, including but not limited to aoudad sheep, axis deer, elk, sika deer, fallow deer, red deer, and blackbuck and nilgai antelope. An exotic fowl is any avian species that is not indigenous to Texas and is also not protected by the federal Migratory Bird Treaty Act, including but not limited to ratites (emu, ostrich, rhea, cassowary, etc.).

It is UNLAWFUL to:
hunt an exotic without a valid hunting license (Class C misdemeanor);
hunt an exotic on a public road or right-of-way. (Class A misdemeanor);
hunt an exotic without the landowner's permission. (Class A misdemeanor); or
possess an exotic or the carcass of an exotic without the owner's consent (Class A misdemeanor).

https://tpwd.texas.gov/regulations/outd ... er-species

However, the ear tags imply that this animal is owned by someone. If it were mine, I would be very unhappy to find out that someone killed it and i would do whatever I could to see that they were punished to the full extent of the law (whatever laws apply).

Personally, I would call the local Game Warden's office in that area and tell them where it has been seen. They may very likely have some information about where it came from and who is missing one of their elk. It could then be darted and returned to its owner.

[WTR]

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]

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 :)

[WTR]

[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 :)
[/quote]

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.

[joe817]

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.

[WTR]

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]

[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.
[/quote]

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.

[Archery1]

[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 prior 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. Seeing a tag, report. Shoot one and then find a tag, let's see.

[WTR]

[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.
[/quote]

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

[Archery1]

[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.

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
[/quote]
That's the prime example. But, none of that exempted him (or you) from violating the law with his animals running loose. If you didn't care about a fence and his animals were the only trespass problem, that's the issue I think the OP has. He's not fenced for animals (assuming), but he has fenced animals not belonging to him on his land. He has no obligation to pay for fence to keep his neighbors livestock in their respective place. Tangent topic, but will admit that shooting them and knowing they are tagged to owner would be issue.

[Archery1]

[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.

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

That's a prime example of shared interest. But, none of that exempted him (or you) from violating the law with animals running loose. If you didn't care about a fence and his animals were the only trespass problem, that's the issue I think the OP has. He's not fenced for animals (assuming), but he has fenced animals not belonging to him on his land. He has no obligation to pay for fence to keep his neighbors animals in their respective place. Tangent topic, but will admit that shooting them and knowing they are tagged to owner would be issue.
[/quote]

[WTR]

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]

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.

Man, I know the pain with a neighbor like that. We ran horses, neighbor lady ran horses. Guess who always paid and worked putting back fencing? Wasn't worth the hassle and fights. Other side was a hay farmer who regularly helped, and he didn't even have a horse :)

[s3779m]

IMHO that is not "livestock" and as such is not covered by agriculture codes. Elk are defined by Texas Parks and Wildlife as an exotic species.

Exotic Animals And Fowl
An exotic animal is any animal that is not indigenous to Texas, including but not limited to aoudad sheep, axis deer, elk, sika deer, fallow deer, red deer, and blackbuck and nilgai antelope. An exotic fowl is any avian species that is not indigenous to Texas and is also not protected by the federal Migratory Bird Treaty Act, including but not limited to ratites (emu, ostrich, rhea, cassowary, etc.).

It is UNLAWFUL to:
hunt an exotic without a valid hunting license (Class C misdemeanor);
hunt an exotic on a public road or right-of-way. (Class A misdemeanor);
hunt an exotic without the landowner's permission. (Class A misdemeanor); or
possess an exotic or the carcass of an exotic without the owner's consent (Class A misdemeanor).

https://tpwd.texas.gov/regulations/outd ... er-species

However, the ear tags imply that this animal is owned by someone. If it were mine, I would be very unhappy to find out that someone killed it and i would do whatever I could to see that they were punished to the full extent of the law (whatever laws apply).

Personally, I would call the local Game Warden's office in that area and tell them where it has been seen. They may very likely have some information about where it came from and who is missing one of their elk. It could then be darted and returned to its owner.

I think the game warden would be the best way also, for the reasons you stated. Thanks.