While planning our Cordova trip started talking about possession limits. Now I know its 24 birds in possession while in the marsh. I always was under the impression that once the birds were at your resdince and frozen they no longer counted towards your possession limit. WRONG!!! talked to the Feds and was told possession limit 24 birds is still in place even when the birds are frozen and in your house. So if you have more than 25 birds in the frezer your breaking the law so you better start eating them.
That is true, but you can gift your birds. Follow the law and you can gift your birds to family members. Keep a paper trail of birds shot, date, license number and who they are gifted to and you can gift some to your family and/or friends. I can't remember the regulations, I am sure the Fed's told you, but I think it falls under CFR40 or something close.
50 CFR part 20
On the federal side of things as long as the hunter is holding the birds it is a 3 day possession limit of 24 birds and you better leave the wings on them so that they can check the species.
Reviewing the Federal regulations the only termination of possession is when you give the birds to someone else either by handing them over as a gift or mailing them to someone as a gift.
This is where the USFWS game wardens stick it to you for having more than 24 birds in your freezer at home. Under the federal laws they are still in your possession. Under state law they are no longer under your possession as long as they are perserved in a way to be edible.
I imagine that if you complied with all the transport rules and sent them to a friend back in town you could skirt the rules, but then once you picked them up you are back in trouble again on the federal side.
So no more weekly tail gate photos and limit bragging numbers unless you also post up the photos of the birds on the table being eaten. They are watching us on here and since it is a public forum this is evidence that they don't need a warrant for. And remember state and federal game laws typically do not require them to obtain a warrant before searching your house. "Poachers" don't have the same civil rights as drug dealers.
For those of you that like to make your brain hurt here is the on-line version of50 CFR Part 20 that covers migratory birds.
Here are the important federal definitions:
(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 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.
(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.
§ 20.33 Possession limit.
No person shall possess more migratory game birds taken in the United States than the possession limit or the aggregate possession limit, whichever applies.
§ 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.
§ 20.39 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.
§ 20.44 Marking package or container.
No person shall transport by the Postal Service or a common carrier migratory game birds unless the package or container in which such birds are transported has the name and address of the shipper and the consignee and an accurate statement of the numbers of each species of birds therein contained clearly and conspicuously marked on the outside thereof.
I think the day I worry about Fed busting into my house to search my freezers for birds over my possession limit, is the day I quit buying a liscense.
That is what Ted said........LOL
Originally Posted by DAllen
I am not too worried about it either, if they have that much time on their hands then I need that job.
only in alaska
Alaska is the only state that I have hunted and fished in that says - once the critter is frozen it is no longer in possession. The feds have been known to check people - sometimes people on internet forums do a lot of bragging - and if they have reasonable suspicion they can check you without a court warrant.
Who needs more than 24 ducks in the freezer??? I would bet that anyone who has that many birds in the freezer throws some "freezer burned" birds out at the end of the year.
I am new to AK - and I can sure tell the difference in the "Alaskan's" mindframe about what they think should be "theirs".........24 ducks is a lot of duck - eat some - then go shoot some more!
If you think the mindframe of Alaskans is so messed up why are you living in Alaska???
Originally Posted by Bullelkklr
The reason why I posted the thread is because no one seems to be able to give the same answer. Talk to AK Fish and Game you get one answer talk to the Feds you get another.
I dont want to be breaking the law when Im on my trip.
It has to be a little more than frozen. It has to be prepared to be preserved to be eaten over the winter. Being a boom bust and seasonal food resource area this law makes perfect since up here.
Originally Posted by Bullelkklr
The one thing that is starting to agrivate me is all the free freezer burnt salmon and 'butt showing up on craigslist in the summer. Some of these guys are giving away many pounds of dipnet caught fish from the previous seasons. The dog mushers are liking it though.
Guess that I came across a little too strong on my last post......
I do understand why it is that way for fish here. I like it myself. Trust me - I know how to vaccum pack.
I eat the ducks that I kill - and mostly make sausage out of them, they are not very tasty when compared to a corn fed bird.
Legally, the feds can write you up even if it is made into sausage. Being from the Lower 48 - I guess that we just have gotten used to paying attention to the Federal Law - Alaskan's seem to think that they are above it at times - or at least that is the way that I get rubbed every now and then.
As to why I am here - I am just here for the PFD man (just kidding - mostly the hunting and fishing - the chance at the opportunity to hunt dall sheep without paying a guide. Killing a Grizzly with my bow. Catching large fish...those are some of the reasons. Sure miss the Elk Hunting.
Hey,just a reminder keep bird in tacks for travel , its the law ,I keep the birds hole and on cold ice blocks ,they season just fine and stay cleaner than transporting with a wing attach,been doing the last couple of years
works well. and yes we do abide by the possession law. thats why i don't hunt ducks till late season,in your neighborhood of the woods.GOOD LUCK AND SAFE HUNTING !!!!!!!!!!
If you gift a bird to someone you have to legally have it tagged with your name and license number. Why? because that bird counts towards your possession limit until it is consumed by the person you gifted it too. That is what I have been told. Anyone else been told the same thing? Otherwise people could go out and shoot limits all the time and gift them away.
It would be like shooting your limit of caribou one day and then giving it away and then going out and shooting yours. There is a term and a special license (proxy) for this. But I have never heard of proxy waterfowl hunting.
The section of the Federal Law that I posted earlier clearly says that your possession ends when the bird is transferred to another, including the post office for shipping. So whom ever is telling you that you still possess the gifted bird is wrong according to the Federal Law.
Originally Posted by fishermann222
As to Proxy hunting for waterfowl. Your location says Bethel so I am assuming that you hunt in the spring. Several of my class mates from college were from Bethel. All of them proxy hunted waterfowl for elders in the spring.
One of those guys is now a USFWS game warden. I have not seen him since he was transfered out of Bethel up to Kotz.
You can't proxy hunt for waterfowl. I don't know about the spring subsistence hunt. But for the average hunter during the regular season you can not proxy hunt waterfowl. This is because they are Federal, similar to the halibut laws.