Possession Limits

[professor]

I have been embroiled in a debate over possession limits and what you can have in your freezer and remain within the law.

Here is the law:

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.

Subpart I--Migratory Bird Preservation Facilities

Sec. 20.81 Tagging requirement.

No migratory bird preservation facility shall receive or have in
custody any migratory game birds unless such birds are tagged as
required by Sec. 20.36.

[41 FR 31537, July 29, 1976]

Sec. 20.82 Records required.

(a) No migratory bird preservation facility shall:
(1) Receive or have in custody any migratory game bird unless
accurate records are maintained which can identify each bird received
by, or in the custody of, the facility by the name of the person from
whom the bird was obtained, and show (i) the number of each species;
(ii) the location where taken; (iii) the date such birds were received;
(iv) the name and address of the person from whom such birds were
received; (v) the date such birds were disposed of; and (vi) the name
and address of the person to whom such birds were delivered, or
(2) Destroy any records required to be maintained under this section
for a period of 1 year following the last entry on the record.
(b) Record keeping as required by this section will not be necessary
at hunting clubs which do not fully process migratory birds by removal
of both the head and wings.

[41 FR 38510, Sept. 10, 1976]

Sec. 20.83 Inspection of premises.

No migratory bird preservation facility shall prevent any person
authorized to enforce this part from entering such facilities at all
reasonable hours and inspecting the records and the premises where such
operations are being carried.

Migratory bird preservation facility means:
(1) Any person who, at their residence or place of business and for
hire or other consideration; or
(2) Any taxidermist, cold-storage facility or locker plant which,
for hire or other consideration; or
(3) Any hunting club which, in the normal course of operations;
receives, possesses, or has in custody any migratory game birds
belonging to another person for purposes of picking, cleaning, freezing,

I read this to mean that the possession limit pertains to what you possess "...at or between the place
where taken and either..." meaning that once you get to the Migratory bird preservation facility you can possess more than the possession limit so long as they are properly tagged.

Is there an authority on this board that can put this argument to rest?

[ October 26, 2001: Message edited by: professor ]

[GulfCoast]

Prof: Scott Baker has kindly given us the Mississippi "interpretation" before. I am sure he will be glad to post it again.

This year, I am going to be sure that I properly tag all the birds in my freezer if I have to "gift them" to be legal. I think the law needs to be changed to allow you to be exempted from the possession limits if you have the birds at your home for consumption, and you are not selling them, etc. I believe the possession limits were originally to stop market hunting, although I could be wrong.

[MSDuckmen]

Gulfcoast,
Texas has already passed that law and until we here in the state make a stand against it we are capable of being ticketed or even jailed for having too many birds in our home.

I wrote a letter to Thad at the end of last year on this very subject and until I read this post I have not thought of it again.

Need to do a followup.

[GulfCoast]

Given ye olde Supremacy Clause of the U.S. Constitution, I am not sure that I would feel really comfortable even in Texas. We should all write to Trent and Thad about this. The feds need to change the regulations.

[SB]

The possession limit applies where ever you are, processing facility or not.

State law can be more restrictive than Federal law but not more liberal. I'm not familiar with Texas waterfowl rules and regulations, but I wouldn't excede the possession limit until the Feds said it was OK.

The possession limit has came up in the MS Flyway Technical Committees within the last few years. It was dicussed to increase the possession limit. The best I can remember, it was sent to the Law Enforcement committee for review and asked them for the origination of the law. It must have died to a lack of interest, because it hasn't been brought back up recently.

[GulfCoast]

Scott: What can we do to push having this situation addressed? We have a lot of by-the-rules hunters very concerned that they may be violating federal law just by having enough ducks in thier freezers to get through the year with a little gumbo.
Thanks

[Delta Duck]

I would not worry about it, If you try to sell the birds they should bust yo ask!!!

It takes about 35 whole birds and about 30 breasted to get me and my family happy for the year. My wife will cook 4-5 at one time.

Just in case some hard ask warden is reading. I live in Oxford and go to Ole Mistake

[MSDuckmen]

Well nothing will happen with us sitting on our butts, I think it would be good if the crew from MSDUCKS headed this up. We have Judges, Lawyers, Doctors, and God forbit Postal Workers on this site. We as a group can make a difference for the Nation in helping to modernize a law that was designed to stop the law breakers. Only bad thing is that it makes us all law breakers in it's present design.

What ya say guys want to make a difference or sit on you tail?

[judge jb]

i just mailed a letter to:


MDWFP

1505 Eastover St.

Jackson Ms. 37211-6374

C/O Sam Polles

asking them to refer any comments or suggestions or any info on this subject directly to this site.. wait a few days and see if we get an answer...

judge jb

[magnum]

Easy now Delta Duck.
<BLOCKQUOTE><font size="1" face="Verdana, Helvetica, sans-serif">quote

I live in Oxford and go to Ole Mistake

Don't be sending any Crazy Wardens over here looking for a truck with a Delta Duck Hunts sticker on it!!

MAG

[ October 29, 2001: Message edited by: magnum ]

[GulfCoast]

Really. Keep dat up and I will draw the wardens a map right to yo crib!

[SB]

Gulfcoast: I think those wanting it changed are going to have to start voicing their concerns and ideas to the those that have the power /ability to do what their constituents want. The squeaky wheel gets the oil. Well written letters and courteous phone calls are a good start with follow up letters and phone calls finding out the status of the project.

If I remember correctly, when increased possession limit came up at the Flyway meeting the discussion centered around increasing the possession limit to three times the daily bag limit. There was no scientific reason for a three times VS four times possession limit increase, but more of trying to make it more convenient for the duck hunter. It was discussed that when a hunter goes on a hunting trip a considerable distance from his residence that he will most likely go on a three day hunting trip. As the Federal laws are currently written if he shoots the limit all three days and does not eat a limit or give a limit a way he is in violation of the law. By increasing the possession limit to three times the daily bag limit the hunter would be legal, maybe making it more inviting for hunters to travel to duck hunt. Possibly putting more money into the broke farmers hands, the inn keepers, local license agent, Waffle House, selling more license and stamps for the state, etc..

A few good questions that could be asked,"Why/How did this law originate? Does this reason still hold true today? If not, what biological reason would prevent the possession limit from being increased?

[MSDuckmen]

Man you are not going to believe this. I was talking to a Fed in Atlanta and he told me technically if you have birds mounted in your home that by the written law you cannot be in possession of more than a possession limit.
GEHAWHAHAHAHA

I told him just to come on and pick my booty up cause this is ridiculous.

I guess that is OK too huh? Man the first thing I did again is fire off another letter.

So if I understand this, If you have mounted birds in your home they are considered birds in your possession and you can’t legally have more than a limit X two and every time you go back out hunting you are illegal.

Damn I’m the biggest outlaw in this here country and didn’t even know it.

Good Grief where does it end?

It’s time boys to be writing some people to get this law revised to something that is within reason.

[peewee]

Hey Scot, I dont know about the farmers and Inn Keepers but as long as Waffle House keeps selling those hash browns they are in good shape. [img]images/smiles/icon_biggrin.gif[/img] [img]images/smiles/icon_biggrin.gif[/img]