Parks & Wildlife Code 62.026(a)(2) requires that in order to import any wild game animal from Mexico, the U.S. Customs Officer at the port of entry must provide a statement to the Texas Parks and Wildlife officer that the animal was imported from the Republic of Mexico. Otherwise, the importation is illegal.
By refusing to permit you to fill out the form 3-177, you were denied the opportunity to obtain the statement and effectively forced to violate the law. Since this is a criminal citation, you may be able to defend on the basis of "entrapment
." That is, the federal officer trapped you into committing a crime that you would not have otherwise committed, had you been permitted to fill out the 3--177 form. The problem, of course, is that the federal officer would have to be called as a witness to trial, along with the texas officer, and you would somehow have to elicit testimony
from one or both of them that would show that this was some sort of weird punitive action on their part to hold you liable for what would have otherwise been a lawful act.
Perhaps if you could show that you had the Mexico tags on the game, and that everything about your actions were regular, that the only possible reason for the federal officer's denial of your opportunity to fill out the form and get a statement that the game came from Mexico. And, that by denying you the opportunity, you were summarily denied due process of law, and thereby entrapped into committing a crime that you otherwise would never had committed.
That's how I would argue it, were I representing you.
Hope this helps and Happy New Year.
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