Possession Limits.....Fed vs State

Ray

Well-known member
Since I brought it up in the More Salt thread it should be on its own so those that have something to share can chime in.

In AK wild game/fish is "in possession" until it is rendered for human consumption by a means that will make it edible 15 days later. Typically frozen or dried. The AK State waterfowl regulations take into consideration the use of remote camps as temporary homes. In the Bush the villagers travel out to these camps and shoot their 10 or more caribou, catch their couple hundred salmon, shoot ducks in the spring or the fall, or gather eggs. The AK State regs say that your duck possession is terminated once you are back to your camp. However, this shack on the tundra is not a home where you actually live so under the Federal law your possession is not terminated until you are back to your village where your home is.

So right here there is a difference between the Fed and State laws.

In Cook Inlet where half the AK state population lives there are duck shacks over on the west side near some huge refuges. Us non subsistance city hunters use them similar to how the villagers use theirs in the Bush. However, if you try to apply the State possession rule at your duck shack you will be sited since it is known that these are not residential facilities. Discriminary enforcement.

Over on the Refuge on one of the midwest state forums there was a posting by a guy that was coming back from a Canada hunt. He had three day duck and goose limits in coolers in his truck. There were a couple of guys in the truck and everything was tagged according to the rules. As the customs guy was checking all the birds the guy decides it was a good time to eat a sammich. The customs guy asks him what kind of meat was on his sammich and the guy replies "Duck". He gets a ticket for being one duck over the limit even though the duck was rendered for human consumption and was being consumed at the time.

Why the ticket? I think because he was not back home even though the duck was being consumed. In AK he would not have been fined unless it was an over zealous Fed, which was probably also the case in the midwest posting.

In Fairbanks some years ago there was a Fed that was checking taxidermy guys and fining them for over possession in their work freezers. Clearly in the Federal law if you take your tagged birds to a taxidermy or other bird proscessing facility they are not in your possession, but does possession count on the taxi? The taxi didn't "take" the birds while hunting. They are processing the birds, but there is the issue of all that left over meat?

Up here there are guys that venture over to Cordova to finish up their season. They have been told by a State enforcement folks that even if they take a three day limit to the air freight office and it is shipped back to their home if they keep hunting they will be busted. They have to ship it to a third party outside thier household to comply with Federal law. State law says that once it is frozen so that it will last more than 15 days it is no longer in possession, but the State Wildlife Trooper says he will still bust you.

Anyone else with first hand knowledge of possession issues?
 
Very interesting. I have often wondered if upon my arrival at home and further processing of the ducks into jerky or meat sticks, am I considered over the possession limit for having duck "snacks" as well as frozen duck breasts in the freezer? I like the rule that if the meat is prepared in a way to make it last more than 15 days it is no longer considered in possession. Makes it kind of clean and removes some of the ambiguity (IMO) in the current law.

Also. Suppose I have a freezer full of ducks. After I get home I clean the birds and put them in the freezer. No rules on having to freeze the duck with a wing and a head that I know of. At this point in time, how does someone determine what possession is? Maybe I have a freezer full of coot which is a whole different level of possession than Canvasback. Maybe I chopped up all my duck meat and now it looks like crow or some other bird. How can they determine what is in the freezer?

The guy with the sandwich, I'd like to see that one argued in a court of law. I wonder what would have happened if the duck sandwich in question was leftovers from a previous evenings duck dinner? Does this make a diference?

Mark W
 
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Anyone else with first hand knowledge of possession issues?

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I always thought the possession limit was for transport until you got home or similar. What if you had 50 birds in your freezer taken over an entire season? I am not sure, but I think birds that are processed (turned into food) are different than ones you are carrying home, unless you process them in the field and are bring those home. I know a guy who saves up birds all season long, then takes them to a butcher where he has them made into sausage or pepperoni. I doubt he would be in violation of anything.

I really don't know for sure. I will find out for Washington and pass it along here later. I won't be able to call them until Monday.

Dave
 
we had a cabin and there were 8 or 9 of us sharing it....the Feds came and checked the freezer....lots of baggies filled with breasts and thighs...none were marked as to species or shooter...

FEDERAL MAN told us that while we were at the cabin, which was considered our "residence" we were legal BUT if we left the house with the birds at the end of the trip we were in a WORLD OF SHITE......no way to i.d the birds as to species so they could ALL be assumed to be Cans and since they weren't marked as to shooter they could all be "assumed" to have been shot by the same guy....

Bsically he was warning us NOT to leave or we'd be ticketed...we ate a WORLD of duck that week and made sure that ducks shot after the visit were marked as to species and shooter and also had the required WING as proof of sex and species......

Based on that, and on other discussions, its always been my understanding that if the duck is "rendered to edible status" that "number" isn't an issue.......not in writing but thats what I've been led to beleive and the Fed, who DESPERATELY wanted to cite our group, would have taken the opportunity to do so had he thought he could make it stick.....

My .02 .....

Steve
 
I've always understood it to be that until they are ready to eat they are part of the possession limit, at home or in camp. Ready to eat as I've been led to believe means jerky, canned meat, fully cooked or smoked sausage, the kind of stuff you can take out and eat as is.
There have been plenty of raids in South Dakota where they counted ever bird or fish in the freezer at home.

One tip for anyone coming to SD pheasant hunting is to never try to take 15 home with you on the plane after the 4th day of your license. You get 5 days possession(15 pheasants) but you need to have been able to hunt for 5 days first. That is a very commonly caught offense here.

Tim
 
This is actually an interesting thread for me. I work in law enforcement, but not wildlife. I will find out, however. I am sure we are not the only ones who would like a crystal clear answer to this. I will make it "a project." I have court on Monday so I will be at the courthouse anyway.

Once I took my son on a guided duck hunt. They cleaned the birds for us and left the heads on for the reason you cited. We did not identify who shot what, however. I don't know if we were required to or not.

Dave
 
This is always an interesting discussion and gets asked many times every season. I suggest everyone read and study the actual Federal regulations http://www.fws.gov/...ffiles/50_CFR_20.pdf

Here is an excerpt from the regulations. My link did not appear to work, so google 50 CFR 20.

"(c) Bag limits -- (1) Aggregate bag limit means a condition of taking in which two or more usually
similar species may be bagged (reduced to possession) by the hunter in predetermined or
unpredetermined quantities to satisfy a maximum take limit.
(2) Daily bag limit means the maximum number of migratory game birds of single species or
combination (aggregate) of species permitted to be taken by one person in any one day during the
open season in any one specified geographic area for which a daily bag limit is prescribed.

(3) Aggregate daily bag limit means the maximum number of migratoy game birds permitted to be
taken by one person in any one day during the open season when such person hunts in more than
one specified geographic area and/or for more than one species for which a combined daily bag
limit is prescribed. The aggregate daily bag limit is equal to, but shall not exceed, the largest daily
bag limit prescribed for any one species or for any one specified geographic area in which taking
occurs.

(4) Possession limit means the maximum number of migratory game birds of a single species or a
combination of species permitted to be possessed by any one person when lawfully taken in the
United States in any one specified geographic area for which a possession limit is prescribed.

(5) Aggregate possession limit means the maximum number of migratory game birds of a single
species or combination of species taken in the United States permitted to be possessed by any one
person when taking and possession occurs in more than one specified geographic area for which a
possession limit is prescribed. The aggegate possession limit is equal to, but shall not exceed, the
largest possession limit prescribed for any one of the species or specified geographic areas in
which taking and possession occurs.

(d) Personal abode means one's principal or ordinary home or dwelling place, as distinguished
from one's temporary or transient place of abode or dwelling such as a hunting club, or any club
house, cabin, tent or trailer house used as a hunting club, or any hotel, motel or rooming house
used during a hunting, pleasure or business trip."

By the way Ray, the recently retired ADFG biologist who wrote the Ak regs is sitting next to me and he says that you are mixing the "field possession and possession regulations" and mixing in some of the fishing and subsistence regulations which are different from the sport hunting regulations.
 
now de-code it for us.....I see "abode" defined but no other reference....its in there for a reason but I'm not seeing it.....

Steve
 
now de-code it for us.....I see "abode" defined but no other reference....its in there for a reason but I'm not seeing it.....

Steve

Thats why I posted the link. These are just the definitions not the regs.

But for you, let me try .... your abode is you crib back in da hood. ;-)
 
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§ 20.35 Field possession limit.
No person shall possess, have in custody, or transport more than the daily bag limit or aggregate
daily bag limit, whichever applies, of migratory game birds, tagged or not tagged, at or between
the place where taken and either (a) his automobile or principal means of land transportation; or
(b) his personal abode or temporary or transient place of lodging; or (c) a migratory bird
preservation facility; or (d) a post office; or (e) a common carrier facility.
 
§ 20.36 Tagging requirement.
No person shall put or leave any migratory game birds at any place (other than at his personal
abode), or in the custody of another person for picking, cleaning, processing, shipping,
transportation, or storage (including temporary storage), or for the purpose of having taxidermy
services performed, unless such birds have a tag attached, signed by the hunter, stating his
address, the total number and species of birds, and the date such birds were killed. Migratory
game birds being transported in any vehicle as the personal baggage of the possessor shall not be
considered as being in storage or temporary storage.
 
§ 20.37 Custody of birds of another.
No person shall receive or have in custody any migratory game birds belonging to another person
unless such birds are tagged as required by § 20.36.
 
§ 20.39 Termination of possession.
Subject to all other requirements of this part, the possession of birds taken by any hunter shall be
deemed to have ceased when such birds have been delivered by him to another person as a gift; or
have been delivered by him to a post office, a common carrier, or a migratory bird preservation
facility and consigned for transport by the Postal Service or a common carrier to some person
other than the hunter.
 
OK I went to the link and read a whole bunch of that. I don't see an actual definition of 'possession', maybe I missed it.
I'm guessing some of the 'laws' we may hear from a CO are the way courts have ruled and how they are able to enforce and not necessarily the way the regs may be written. If a federal court someplace said jerky isn't a duck then it isn't in every court lower then that.
I didn't realize gifting a bird took it out of your possession, I thought if they didn't have a license it was still part of yours yet. Maybe there is more to it then that but it sounds like you can give a tagged bird as long as you don't put them over the limit.

I have a headache now, need to get to bed.

Tim
 
I thought possession limit was all you could have in your possession no matter where you were at. I know this is fish ... local game warden busted a guy for over his possession limit of canned trout. Limit is five per day 10 in possession and he deemed the number of fish canned to be over 10 trout. I will try and find out what the California Fish and Game Warden has to say about duck possession. I know that your suppose to have paper work to bring birds in to the state from out of state.

Tight Lines ... Fred
 
By the way Ray, the recently retired ADFG biologist who wrote the Ak regs is sitting next to me and he says that you are mixing the "field possession and possession regulations" and mixing in some of the fishing and subsistence regulations which are different from the sport hunting regulations.

Oh I understand what I did Brad, and those mixes are based on comments from enforcement officers trying to inform Joe Duck hunter what is what. Some Troopers are great at the rules for fish and others focus on big game, but I have yet to meet one that really under stood the bird rules. The men wearing the badges in the field mix all those things up often and the hunter is left with going to court to fight the fine from the wrong application of the rules or just sucking it up and paying the fine leaving the Trooper thinking he is right when he is not. Throw a Fed into the mix and it gets crazy.

I have never had an issue since I think the rules are pretty easy to follow, but I have met a handful of guys that never read past "how many can I kill" and got in deep do do. Each fall there is at least one group out on the Su Flats refuge caught with a cooler of breasted out birds. No wings, no heads, and no names. Lots of fines.
 
§ 20.39 Termination of possession.
Subject to all other requirements of this part, the possession of birds taken by any hunter shall be
deemed to have ceased when such birds have been delivered by him to another person as a gift; or
have been delivered by him to a post office, a common carrier, or a migratory bird preservation
facility and consigned for transport by the Postal Service or a common carrier to some person
other than the hunter.


You should have seen the smile on my wife and kids when I gifted the ducks I've shot this season to them. Looks like Christmas will be a little early for the kiddies when I get some more ducks over the rest of the season. Ah ducks, the gift that keeps on giving.

I wonder if the local butcher knows these things. I know of people who deliver a whole bag of breasted duck meat at the end of the season and ask for it to be made into jerky and beef sticks. According to the rules cited, both would be in some serious violation of many game laws

This begs another question. If I'm hunting in South Dakota with my brother in law and we both shoot a bunch of birds, we then completely clean the birds and then he gifts a possession limit of his birds to me and then I can bring them back home to MN without the customary wings or heads still attached?

This whole possession topic is very ambigious.

Mark W
 
OK I went to the link and read a whole bunch of that. I don't see an actual definition of 'possession', maybe I missed it.

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This is my point. Brad has been very good at pointing to particular regs, but the regs themselves can be the problem. When one gets into the specifics of what a particular word or paragraph means, it can get muddy. Remember President Clinton and "It depends on what IS means." This is what I mean.

You hit the nail on the head.

Monday I will try to find out what Washington says. This won't help the rest of you , maybe. Let me give you an example of what I am trying to say:

In Washington, one can purchase a fishing license. You will be given a pamphlet telling you some particular river is open from say April 18th to Dec 12th (I just made the dates up). It is possible for that fisherman to go fishing on that same river in July and get a ticket because the river is closed to fishing. Impossible, you say? Nope, that's Washington.

The court rooms are full of stuff like this. Most of the problems I have run into are when the law "writes around" (doesn't address) the issue I am dealing with at some particular time.

The guys who write the laws try to nail them shut by addressing a "concept", not "a specific" sometimes. Want proof? Ask a DUI attorney. They have books full of that stuff. ITs like describing the color red to a blind man. How do you convey understanding?

Dave
 
The men wearing the badges in the field mix all those things up often and the hunter is left with going to court to fight the fine from the wrong application of the rules or just sucking it up and paying the fine leaving the Trooper thinking he is right when he is not.

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Sadly, you are correct here.

There are roughly 12,000 laws in my head and they change from time to time.

Dave
 
This whole possession topic is very ambiguous.

Mark W

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Now you're getting it....

These laws are written by the legislature, not the officers... and they change all the time. We hate it too.
 
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