Question on possession limit

Mark W

Mark W

Well-known member
Spent an afternoon in the slough with buddy. Another bluebird day at 50 degrees and a south wind. Is it ever going to get cold up here?

Anyway, so we start talking possession limits. I got a couple of ducks this afternoon and have them in my boat. My plan is to get up early and hunt the same spot (suppose to snow tonight - yeah right). Suppose I got to my spot and realized I never took the birds out of my boat until after I was already set up in the blind. Am I allowed to take 6 ducks plus the 2 already in the boat from the night before and claim these are part of my possession limit should I get stopped? Does it matter if I get stopped in the blind verse on the ride home?

Thought this was a really straight forward answer until we started discussing it.

Mark W
 
After LST, how would you prove they were taken the day prior? I would view this the same way as my dog catching a cripple that I didn't shoot... They go towards the days bag.
 
I think in the right situation you would be technically OK but that it could cause more trouble then an extra hen mallard. ;-)

The situation I'd be comfortable doing it would be on an overnight stay on the water.
I don't know why you couldn't float a river for two days and have two limits as long as you documented it and kept the birds separate. It isn't like fishing since there is a closed time between the days. You would have to keep at least a wing on them but I don't see why staying in a boat over night is any different then going back to a camper and leaving them there. I mean if you were staying in a houseboat and travelling away from it each day to hunt you still aren't leaving the water.

In your scenario I'd be leery of doing it because you would have went home and things like that can be proven and add up to circumstantial evidence (yes I know they aren't going to go that far for two extra duck). Even though they would have to prove it you would have over a limit after you went home the night before. Would look odd to a judge I'd think.

Tim
 
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Anyway, so we start talking possession limits. I got a couple of ducks this afternoon and have them in my boat. My plan is to get up early and hunt the same spot (suppose to snow tonight - yeah right). Suppose I got to my spot and realized I never took the birds out of my boat until after I was already set up in the blind. Am I allowed to take 6 ducks plus the 2 already in the boat from the night before and claim these are part of my possession limit should I get stopped? Does it matter if I get stopped in the blind verse on the ride home?

Thought this was a really straight forward answer until we started discussing it.
Click to expand...


Mark,

It is straight forward, having the ducks in your hunting boat with you counts towards that days limit, regardless of when you might have shot them.

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.

To count as yesterday's bag, the ducks need to be at any one of the places (a-e) mentioned in the regulations. If they are still in your hunting boat, they will be counted as part of today's daily limit.

Your hunting boat is not "land transportation" so does not qualify under item (a). Now if you have both a hunting boat and a house boat and the ducks are on the house boat, that would qualify as your "temporary or transient place of lodging".
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Dave I think if you slept in a hunting boat then it would have to be covered by (b) but you would have had to stay in it that night. You could easily set up a small boat as a place of lodging.
Not trying to be a smart ass but if you sleep and eat in it then it is a temporary or transient place of lodging. No different then putting up a tent on the edge of a marsh and hunting right in front of it for two days. As long as the ducks from the first day were put in the tent you'd be fine.

That does make it sort of clear if you forget them you could run them back to the vehicle before the day started and be OK but not OK if they are kept in the boat that you did not sleep in.

Tim
 
Tim,

No I don't think your are being a smart ass but you are still wrong. :>)

Even if you sleep in your hunting boat you can not have yesterdays ducks with you when in the field. That is why it is called field possession.

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.

The locations acceptable to store yesterday's ducks, have to be separate from the location you are hunting.
 
NO, if they are in the blind with you, you will not be covered under the possession limit.
 
Not to hi-jack your thread, but on an intersting side note,,,

Last year, I was fortunate enough to be able to hunt in five different states.

Unfortunatly, I was also checked by the local law enforcement officers in all five states. (what's the chances of that?).

Because I was hunting out of state, and for several days in each state, I posed the basic question of "exactly what is a possesion limit?"

I basically received five different answers, none of which really agreed with the other. Lot of "gray areas", of which we'll not go into.

Just throwing that out there...

Jon

BTW, regarding "possesion limits at home", all CO's stated if a CO is checking your freezer, you have a lot more to worry about than your waterfowl possesion limit.
 
Tim,

No I don't think your are being a smart ass but you are still wrong. :>)

Even if you sleep in your hunting boat you can not have yesterdays ducks with you when in the field. That is why it is called field possession.

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.

The locations acceptable to store yesterday's ducks, have to be separate from the location you are hunting.
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Oops missed the "at" part.
I wonder how well defined "at" is? If someone didn't hunt out of their boat/lodging and put up a blind on land to hunt from and hiked back to the boat they should be OK. I'm not saying I'm going to test this but I do know people have hunted for two days on the water and there had to be a way they kept it legal. Heck maybe they just didn't shoot much or ate them.
I don't think a court would see a difference between a tent and a boat you slept in as long is it wasn't "at" the spot you were hunting. Once you were back at the "transient place of lodging" the possession limit would kick in no matter on the water or land.

Yeah I'm bored, it's icy and cold here. :)

Tim
 
It was an interesting discussion in the field for the afternoon - nothing more. What does "aggregate" possession refer to?

So, if you were a truly bad guy, according to the possession law, I could shoot a limit of ducks, motor to the vehicle and throw the ducks in, go back out and hunt that same day, shoot another limit and come back to the landing. If the CO is waiting there, being a scum bag hunter, I could just tell him the ducks in the car are from another day? What could he do if he didn't see me shoot, it was hours between the two hunts, and it was freezing cold outside?

Don't get me wrong, I know it is illegal but I bet others have.

Mark W
 
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[font=Verdana,Arial,Helvetica] What does "aggregate" possession refer to?

[/font]Aggregate daily bag limit means the maximum number of migratory
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.

Two examples would be;
(A) You hunt both Wisc. and MN sides of the river the same day shooting birds at both locations. Your total possession includes all birds shot in both locations. Not x number in Wisc. and x number in MN.

(B) You shoot more than one species of ducks. Regs may say you are allowed 4 mallards, 3 woodies, 2 redheads, etc, that is the specie limits. The total number you cannot exceed regardless of specie, is the aggregate limit.
 
Lets not forget Migratory birds fall under both State & Federal regulations. "No person shall take more than (1) daily bag limit per day nor possess more than (1) daily bag limit in the field or while returning to their vehicle, hunting camp, home, etc " Is a duck or two worth the aggrevation or trouble it could cause you if you get written up and/or worse, arrested ? Gotta think about protecting your hunting & firearms licenses for future use & hunting. Last thing you want is the Game Wardens thinking your a poacher. Just my 2 cents worth
David
 
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