Eric Patterson said:
Mark
Tagging birds for what reason? You hunt solo a lot and pretty much travel to and from your residence, correct? Are you suggesting birds need to be tagged in those cases? Or are you referring to hunting with other hunters, possibly on a trip and crossing state or international boundaries, and the need to separate an id each hunters ducks. Please explain. Thanks.
Eric
I do hunt solo most of the time. According to the law as written, one is guilty of not tagging birds if you hunt with more than one person and lets say at the end of the hunt you put all the birds shot by everyone in the back of the pick up and drive off. If the birds are separated by hunter in the back or the truck, you are technically guilty but are generally given leeway. Even if the birds are separated, and not tagged, you are in violation of the written law.
Lets say you are hunting with a group of buddies and each person shot a few ducks. Let's say you put all these ducks into one bag and carry them to your vehicle. If you were stopped by a warden on the way to your vehicle you would be guilty of not tagging the birds. How many pictures have been posted on this site of a pile of birds in the back of a pick up? Technically, the person whose truck it is, and the person taking the photo could be guilty of not tagging the birds as they were not separated and tagged to each individual hunter.
Another example would be me hunting ducks at our cabin, shooting a few and leaving them in the garage for a day before cleaning. This isn't my permanent residence and they weren't tagged and they were left in the garage and I went somewhere for a little while, technically a violation from what I have read.
Another example. I'm hunting with a few buddies, shoot some ducks and place them near where I am set up. I leave the blind for a short period of time to take a leak, or go find a downed/crippled bird. If the birds I shot are not tagged, and I leave, I, or my buddies could be guilty of not tagging the birds or if they have their limit already, they are guilty of passing more than their limit.
Lots of nuances I never thought of and to be honest, I have not tagged a bird ever and never even knew this existed. Good analysis here on this site.
http://toetagsllc.com
One person even speculated that if you stop on the way home from a hunt to have breakfast and leave untagged ducks in your vehicle, you could be in violation of this law. Don't know if I agree on this one but it was mentioned.
If people were honest here, I would venture a guess that many of us have broken, knowingly or unknowingly, these Federal laws. Poorly written and open to lots of interpretation by my reasoning.
? 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.
[41 FR 31536, July 29, 1976]
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https://www.customsmobile.com/regulations/expand/title50_chapterI_part20_subpartD_section20.36#top ? 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.
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https://www.customsmobile.com/regulations/expand/title50_chapterI_part20_subpartD_section20.36#top ? 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.
Mark