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Author Topic: New rules... 21  (Read 10127 times)

Offline Fishnclifff

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Re: New rules... 21
« Reply #30 on: August 19, 2013, 08:29:51 PM »
I'm going to write up a scenario how field possession limit and possession limit works.

Hunter Joe in is going to take a 3 day duck hunting trip.  First day he harvested 2 mallard drake and 2 hen mallards.  The field possession law allows him to carry his birds from the blind to his camper. But now he has 4 ducks in his possession with 2 hen mallards.  Day 2 he harvested 3 mallard drakes and 2 hen mallards and takes his birds to the camper following the field possession law that didn't exceed 7 ducks or 2 hen mallards but now has 9 ducks in his possession with 4 hen mallards.  Day 3 harvested 3 mallard drakes and 2 hen mallards and he now has 14 ducks in his possession with 6 hen mallards.  Well on day 3 while he was carring his field possession of 3 drakes and 2 hens back to the camper he finds the mother load of ducks in a pond he has never seen a duck before.  So he calls in sick but he knows he has his possession limit 6 hen mallards and had a nice hunt by getting (2 pintail 1 hen 1 drake) and 5 mallard drakes and could of been limited two hours early because he had to let the hen mallards go and had to watch his shots because the sun was in his eyes all morning.  He now has his first daily bag limit and field possession limit to take to the truck and head for home with a possession limit of 21 ducks, possession limit of 6 hen mallards, and buys his dog a treat as thanks for not finding a duck cripple in the brush during the trip. 

Now he gets home prepares his birds into jerky which is ready to be eaten and saves some for his next hunting trip when his buddy and son can go.       

You just described a perfectly legal 4 day hunt, which would not have been 4 days without the change.
So :dunno:

So, you seem to interpret possession limit is a travel limit which is not true and no such thing.   

He would not have been able to hunt the 4rth day with out the change.
On day 3, he had his aggregate limit of 14 ducks under the old rule.

I'm not sure what you are getting at with the travel rule.
It's not true that I am good for nothing---I can be used as a bad example!!

Offline Fishnclifff

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Re: New rules... 21
« Reply #31 on: August 19, 2013, 08:48:23 PM »


I don't understand the loop holes you refer to.

The possession rules are for lawful hunters with a hunting license. These are the limitations placed on the hunter by the fed. mig. treaty. ie  what you can shoot, how many you can shoot, and how many you can possess at a time.
The rules do not apply to other citizens-- unless they are transporting birds.
Possession ends when you gift them to anyone.
[/quote]

That is what I said, but they better tell the law man they took possession of the lawfully taken waterfowl if any thing comes up so they don't leave you holding the bag.  But the hunter can't go harvest more on the same day that would exceed daily bag limits.  A person doesn't need a license to possess lawfully taken waterfowl as you stated as anyone.  But they better understand possession limit as well.
[/quote]

Once a hunter 'gifts" the waterfowl to someone, whomever that is, they become their property, and are no longer subject to the fed rules in the mig.act. The "act of gifting would take place at the place of abode of the gifter or the giftee to be legal.
The birds would then cease to exist.

If the person is transporting the birds to a facility, then they have to have tags on each bird as proof they were harvested legally. The tags have the info of the person who "took" the birds legally.
I have no idea what kinda tag they talk about, but it is required.

There is no limit of how many"birds" you can transport to the butcher shop.

You made this assertion before:

Possession limit also counts whats in the freezer as well.

Can you show me where you got this from?

It's not true that I am good for nothing---I can be used as a bad example!!

Offline BiggLuke

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Re: New rules... 21
« Reply #32 on: August 21, 2013, 10:58:55 AM »
As far as I've learned, from both law and friends, You can "Harvest" 7 ducks every day of the season if it's open to do so.
Once you've taken them back to your home and "processed" them, they are now food, and no longer birds.

From what I am to understand... that means your freezer can be filled with meat, but not filled with Feathered birds.

There are no loop holes.
And yes... you need a signed note in this state to accompany any birds you gave away. Which includes your name, wild id, drivers license (if you have one), and time and place of harvesting.
This is only necessary if for instance; you, your wife, your brother-in-law, and his friend all go hunting together on a saturday, and you bring home all 28 ducks on sunday for a Big 'ole BBQ. 

I've been told in the field by Mr. Gamewarden that they have cards available for this purpose, but it is unnecessary, and you can make up a card of your own on anything, including a paper napkin.
 :chuckle:
Stan Marsh: "My Uncle Jimbo says we gotta get up there early. Right Uncle Jimbo?"

Jimbo: "That's right, Stanley. Animals are much easier to shoot in the morning."

Offline Fishnclifff

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Re: New rules... 21
« Reply #33 on: August 21, 2013, 06:32:49 PM »
As far as I've learned, from both law and friends, You can "Harvest" 7 ducks every day of the season if it's open to do so.
Once you've taken them back to your home and "processed" them, they are now food, and no longer birds.

From what I am to understand... that means your freezer can be filled with meat, but not filled with Feathered birds.

There are no loop holes.

This was the issue I raised last year with the Feds.
 It is also the wording Texas is pushing for to be added to the Fed. rules

The fed. lady kept insisting they were still birds if made into pepperoni. There are 2 legal cases where guys were cited for having killed some birds and their pepperoni sticks put them over the limit.
I haven't been able to get a follow up on those cases.
Her stand point was the birds have to be eaten to not exist anymore.
She couldn't back it with a reg. or law, but it was her opinion that was what the law meant.
It's not true that I am good for nothing---I can be used as a bad example!!

Offline Tealer

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Re: New rules... 21
« Reply #34 on: August 22, 2013, 03:54:20 AM »
As far as I've learned, from both law and friends, You can "Harvest" 7 ducks every day of the season if it's open to do so.
Once you've taken them back to your home and "processed" them, they are now food, and no longer birds.

From what I am to understand... that means your freezer can be filled with meat, but not filled with Feathered birds.

There are no loop holes.

This was the issue I raised last year with the Feds.
 It is also the wording Texas is pushing for to be added to the Fed. rules

The fed. lady kept insisting they were still birds if made into pepperoni. There are 2 legal cases where guys were cited for having killed some birds and their pepperoni sticks put them over the limit.
I haven't been able to get a follow up on those cases.
Her stand point was the birds have to be eaten to not exist anymore.
She couldn't back it with a reg. or law, but it was her opinion that was what the law meant.

If that is the case I'm probably still over the possession limit. I have about 12 pounds of pepperoni left over after the season. I have never heard of any one busted for processed birds in the freezer.

Offline BiggLuke

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Re: New rules... 21
« Reply #35 on: August 22, 2013, 09:38:11 AM »
So in her opinion... would she be breaking federal mining laws by wearing a gold ring in an area where someone else has rites to the gold in the ground? How could she prove she didin't just make the ring on the spot with gold she stole from the mining company??

lol.....   
Stan Marsh: "My Uncle Jimbo says we gotta get up there early. Right Uncle Jimbo?"

Jimbo: "That's right, Stanley. Animals are much easier to shoot in the morning."

Offline Fishnclifff

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Re: New rules... 21
« Reply #36 on: August 22, 2013, 06:14:31 PM »


If that is the case I'm probably still over the possession limit. I have about 12 pounds of pepperoni left over after the season. I have never heard of any one busted for processed birds in the freezer.
[/quote]

I found a bill in the CA legislature. that got passed out of committee for further info, on the same subject. Shoulda saved it.
Seems they are up in arms over the freezer rule. Some senator trying to get a clear definition out of the feds.

The pepparoni stick bust was in S Carolina, but I havent seen any outcome, but there was an article stating citations were issued.
It's not true that I am good for nothing---I can be used as a bad example!!

Offline hdshot

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Re: New rules... 21
« Reply #37 on: September 11, 2013, 10:23:08 AM »


If that is the case I'm probably still over the possession limit. I have about 12 pounds of pepperoni left over after the season. I have never heard of any one busted for processed birds in the freezer.

I found a bill in the CA legislature. that got passed out of committee for further info, on the same subject. Shoulda saved it.
Seems they are up in arms over the freezer rule. Some senator trying to get a clear definition out of the feds.

The pepparoni stick bust was in S Carolina, but I havent seen any outcome, but there was an article stating citations were issued.
[/quote]

So then why are you so sure you know everything about these possession limit law?   
Don't read my post if facts hurt your feeling.

Offline hdshot

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Re: New rules... 21
« Reply #38 on: September 11, 2013, 11:01:16 AM »
I'm going to write up a scenario how field possession limit and possession limit works.

Hunter Joe in is going to take a 3 day duck hunting trip.  First day he harvested 2 mallard drake and 2 hen mallards.  The field possession law allows him to carry his birds from the blind to his camper. But now he has 4 ducks in his possession with 2 hen mallards.  Day 2 he harvested 3 mallard drakes and 2 hen mallards and takes his birds to the camper following the field possession law that didn't exceed 7 ducks or 2 hen mallards but now has 9 ducks in his possession with 4 hen mallards.  Day 3 harvested 3 mallard drakes and 2 hen mallards and he now has 14 ducks in his possession with 6 hen mallards.  Well on day 3 while he was carring his field possession of 3 drakes and 2 hens back to the camper he finds the mother load of ducks in a pond he has never seen a duck before.  So he calls in sick but he knows he has his possession limit 6 hen mallards and had a nice hunt by getting (2 pintail 1 hen 1 drake) and 5 mallard drakes and could of been limited two hours early because he had to let the hen mallards go and had to watch his shots because the sun was in his eyes all morning.  He now has his first daily bag limit and field possession limit to take to the truck and head for home with a possession limit of 21 ducks, possession limit of 6 hen mallards, and buys his dog a treat as thanks for not finding a duck cripple in the brush during the trip. 

Now he gets home prepares his birds into jerky which is ready to be eaten and saves some for his next hunting trip when his buddy and son can go.       

You just described a perfectly legal 4 day hunt, which would not have been 4 days without the change.
So :dunno:

So, you seem to interpret possession limit is a travel limit which is not true and no such thing.   

He would not have been able to hunt the 4rth day with out the change.
On day 3, he had his aggregate limit of 14 ducks under the old rule.

I'm not sure what you are getting at with the travel rule.

Can't believe you said that because I typed in clear English no such thing as travel rule.

But you have been saying possession limit ends after the hunter travels home.

Also you are defining the hunters home or freezer can't be in the specified geographical area.  How are you so sure of that?

What aggregate limit are you talking about?   
Don't read my post if facts hurt your feeling.

Offline bigtex

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Re: New rules... 21
« Reply #39 on: September 11, 2013, 11:22:29 AM »
Feds also have no laws that ban spinners as well. 

Not really true. While there is no federal ban on "spinners" (motorized decoys), there is a provision of the federal migratory bird treaty act which prohibits violating state laws while migratory bird hunting.

50 CFR 20.72
No person shall at any time, by any means or in any manner, take, possess, transport, or export any migratory bird, or any part, nest, or egg of any such bird, in violation of any applicable law or regulation of any State.

USFWS officers have said that if you are using a "spinner" and have shot (taken) a migratory bird then they can charge you with this offense because you shot the bird with the aid of an illegal decoy per state law. What the officer will do is cite you for 50 CFR 20.72 and adopt the state offense.

Offline Fishnclifff

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Re: New rules... 21
« Reply #40 on: September 11, 2013, 07:38:31 PM »

[/quote]

So then why are you so sure you know everything about these possession limit law?   
[/quote]

Never said I do. I have researched this for 2 yrs and no one can absolutely define the possession law out side of the definition given in the Sate rule book under " Summary of federal Rules"

Also the definition of when possession ends in the links I have provided.

But you have been saying possession limit ends after the hunter travels home.
No. Possession in the field ends at your car. Possession ends when you gift your birds to anyone at your home or theirs, or take them to a taxidermy.

Also you are defining the hunters home or freezer can't be in the specified geographical area.  How are you so sure of that?
Never said that. Your home can be near the place taken-ie-- you hunt your private pond and take yor birds to the house when done.

What aggregate limit are you talking about? 
Aggregate daily limit. Which is now 3 times the daily limit.
You may now be in possession of 21 birds on a 3 day hunt, instead of 14.


It's not true that I am good for nothing---I can be used as a bad example!!

 


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