Game Laws Protect Game

BY JUDY JUREK

Game wardens enforce game and fish laws. Being courteous and truthful can go a long way when encountering these law enforcement officers.

Why do game laws exist? Sorry to say, but it doesn’t take a rocket scientist to understand common sense reasoning. Game laws exist to protect game, which is wildlife on land, in the air, and in fresh and saltwater. Game is most often something humans desire to eat, thus laws and regulations prevent the over-harvest, depletion, and perhaps annihilation of a natural resource.

Conservation efforts began in the late 1870s with the formation of the Texas Fish and Game Commission. Fish preservation legislation created the Texas Office of the Fish Commissioner in 1879. The Texas Legislature in 1895 established the Office of the Fish and Oyster Commission. Protecting marine life and oyster beds along Texas coastal waters and bays were its primary duties.

Texas was still very young. Communities, cities, and commerce were popping up along its Gulf of Mexico coastline while advancing inland. Besides fish and oysters, wildlife was also a staple among human inhabitants. Squirrels, rabbits, ducks, geese, wild turkey, quail, pheasant, pronghorn antelope, and whitetail deer were often the meat on a dinner table.

In 1907, the state created a game department, the Texas Office of Game, Fish, and Oyster Commission. The issuance of hunting licenses began in 1909 with 5,000 sold. Growth and expansion took place in 1923 when 45 game wardens were hired to enforce game laws being written to protect game as it was at that time. State leaders began realizing the importance of preservation and conservation of game sources.

The name changed in 1951 to the Texas Game and Fish Commission. The Commission merged with the Texas State Parks board in 1963 and established the Texas Parks and Wildlife Department we know today. Along the way, more laws and regulations were developed. Protection of all Texas’ wildlife, fish, and natural resources became clearer and more essential with the Lone Star state’s continued growth of population and industry.

A dramatic turn was enacted in 1983 with Texas’ passage of the Wildlife Conservation Act. The legislature gave authority for managing fish and wildlife in all Texas counties to TPWD. Previously game and fish laws in many counties were set by Commissioners Court while other counties had veto power over TPWD regulations. Game laws became vital to protecting game.

The late Gene Riser, lifelong Live Oak County rancher and cofounder of the Texas Deer Association, once told a story about his grandfather, Jesse Riser, purchasing a 2,300-acre ranch with no deer. Native whitetails had disappeared, decimated in the Great Depression by folks trying to feed families. Severe over-hunting, screwworms, drought, and ignorance regarding wildlife had decimated brush country whitetails.

Jesse used foresight and determination to help bring back and improve the deer population of his youth. He had hunting season officially closed in parts of Live Oak and McMullen counties for several years. In 1936, Jesse was issued a game breeders license by Texas Game, Fish and Oyster Commission, enabling King Ranch and Hill Country deer to be re-introduced to South Texas. Gene proudly displayed the original documents, an example of game laws protecting game.

Game laws are often written to protect certain species for a set time. Changes to speckled trout and red drum limits have occurred several times over the years. Flounder limits change during spawning season. Sometimes it’s not due to fishermen overharvesting, but Mother Nature bringing devastation through prolonged freezing temperatures along the Texas Gulf Coast.

An unidentified game warden holds the antlers of an illegally taken trophy buck. Many fines may result including the possible loss of hunting privileges.

The historic winter storm Uri in February 2021 resulted in the loss of thousands of saltwater fish and turtles along Texas’ coast. Trout, red and black drum, sheepshead, and other fish littered the entire coastline and inner bay shores. Fish limits change due to these type circumstances but may be increased later as these fish numbers rebound.

There will always be hunters and fishermen who violate regulations and game laws. Some people are truly ignorant. Others take chances, hoping not to get caught. Habitual law breakers are unable to resist temptation, such as a big buck standing broadside when deer season is closed, or at night. They sometimes trespass or illegally shoot from a roadway.

Every season, game wardens issue citations to migratory dove and waterfowl hunters, experienced and novice. Shooting over the limit is common especially when birds are plentiful, and action is swift.

Game wardens have heard every excuse: “I lost count.” “I didn’t know the limit.” “Six of those are Jim’s, not mine.” And of course, “I’m not hunting; that’s not my gun or birds.” Watch the television show “Lone Star Law” and you’ll see really interesting, sometimes creative, explanations.

Another violation for migratory bird hunters is hunting over bait. Grains such as milo, wheat, corn, and other small grains are strewn where it wasn’t grown, enticing birds into shooting areas. It happens, and it’s against the law.

Over-harvesting a species can be a problem, especially if many people do it. Different species have different limits, and it may be the number you’re allowed to have in a single day or in your possession (aggregate) if the season has been open several days. Additionally, fish may have size limits requiring measuring to be legal. Oysters and crabs must meet certain size regulations.

Sometimes a licensed person allows another to use their tag, such as letting a child shoot their first deer with a parent’s tag. “I didn’t know they were going to shoot” is not a valid excuse. Your fishing license allows one over-sized red drum tag, but many fishermen fail to tag that big fish in their cooler.

In addition to fines for violating game laws, Texas has restitution fees based on a wildlife resource’s value. All wildlife have worth to the state, and some judges may deliver their own verdict based on what, where, and number killed. A hunter or fisherman greatly exceeding the daily or aggregate limit may face costly restitution based on each animal, bird, fish, exceeding the limit.

The long and short of this article is simple: Buy your hunting/fishing license every year and check TPWD’s Outdoor Annual for new or updated game laws and regulations. When in doubt, call TPWD in Austin or a local game warden. Be legal, stay safe, make memories, enjoy the outdoors, and learn more about game and fishing laws. Remember, game laws protect game.

LICENSE AND REGULATIONS INFO

Every Aug. 31, hunting and fishing licenses expire, and new ones must be purchased.

New regulations and changes to old laws go into effect every Sept. 1. TPWD puts out press releases regarding changes throughout the year, but publishes online the “TPWD Outdoor Annual Hunting, Fishing, and Boating Regulations” for the current license year.

A free smartphone app by the same name is also available, so current regulations are at your fingertips. You can also buy your licenses online with instant access should you decide not to carry a paper license on your person. There’s no excuse not to have the proper license.

TPWD’s website, www.tpwd.texas.gov, offers much information, including game wardens listed by county.