Utah Wildlife Forum banner
1 - 11 of 11 Posts

·
Registered
Joined
·
599 Posts
Discussion Starter · #1 ·
When is a duck out of your possesion? I know that if you donate it or give it to someone else it is. I also understand that if you have one in the freezer then it is still yours. But what if you have the breasts in the freezer? Or do you have to eat them? Or do you have to wait for the garbage man to come take the remains of the bird away? Just wondering what your interpertation of the law is.
 

·
Registered
Joined
·
2,178 Posts
Seems to me the regs are crystal clear on limits. Besides, the letter of the law should never be a substitute for ethics anyway. I mean, anytime a hunter needs to look for fine loopholes in the regs, chances are he's doing something he shouldn't be doing, (and probably knows it).
 

·
Registered
Joined
·
599 Posts
Discussion Starter · #3 ·
Im sorry if I came accross as looking for a way around a possesion limit. That is not what I mean. I never have more than the leagal possesion limit. But the law to me (maybe im just a dumb ass) isnt so clear. Here is the definition from the proclomation. “Possession” means actual or constructive possession. So is having the breast in the freezer constructive or actual or not at all? Or do you loose possesion of the duck once the body is in the garbage and you have eaten the breast? Seems to me there is a lot of grey area here.
 

·
Registered
Joined
·
359 Posts
I think what it means by constructive, and out of you possession, you need to have had your pants around your ankles while reading a tampon box and shampoo bottle. Then constructivley you no longer possess it???
 

·
Premium Member
Joined
·
4,049 Posts
I believe that the regulations state that when the bird or fish is "prepared for consumption" that it no longer counts against your possession limit. If it is uncooked and frozen, sitting in your freezer, it still counts. But if you cook it first (or smoke it, jerk it or make it edible in some other way), it no longer is in your "possession".
 

·
Registered
Joined
·
447 Posts
Loke said:
I believe that the regulations state that when the bird or fish is "prepared for consumption" that it no longer counts against your possession limit. If it is uncooked and frozen, sitting in your freezer, it still counts. But if you cook it first (or smoke it, jerk it or make it edible in some other way), it no longer is in your "possession".
ditto that's how i understand it.
 

·
Registered
Joined
·
2,178 Posts
huntducksordietrying said:
Im sorry if I came accross as looking for a way around a possesion limit. That is not what I mean. I never have more than the leagal possesion limit. But the law to me (maybe im just a dumb ass) isnt so clear.
Nope, my mistake...I completely misunderstood your question.
 

·
Administrator
Joined
·
21,449 Posts
If you cook a migratory bird and do not consume it, it is still in possesion.

Here's the question I put to the U.S Wildlife Service:

I live in Wyoming and hunt waterfowl often in the US F & W preserves in Utah.

Many waterfowlers hunting the Utah marsh (strongly) believe that they can reduce their migratory bird harvest possesion limit by turning migratory birds into jerky or salami. One guy has taken 42 lbs of duck meat and made salami and still claims he can have two daily limits in the freezer. Others claim as long as its "processed", i.e. cooked, canned, jerked,or dried.

What's your take on this one? The Utah Division of Natural Resources is reluctant to comment.

Here's the reply from the Feds:

Dear Tim,

Thank you for your message asking for information on our laws and regulations pertaining to migratory game bird harvest possession limits. Our mission is working with others, to conserve, protect and enhance fish, wildlife, and plants and their habitats for the continuing benefit of the American people.

In regard to the number of ducks you can lawfully possess, regulations prohibit the possession of more migratory game birds than the legal possession limit (50 CFR 20.33). We strongly advise hunters to stay below their possession limit of waterfowl so they may continue to hunt throughout the season. If during the season, a hunter reaches his possession limit, kept the birds at home and did not consume them, any subsequent take and possession would put the hunter over the possession limit and thus a violation of the regulation. The possession of processed waterfowl is terminated when it has been donated, eaten, or otherwise disposed. Regulations allow hunters to properly gift their possession limit to another person which will terminate their possession (50 CFR 20.39).

In response to your question about jerky/salami and other processed wild duck, the possession limit continues to apply. Special agents have actually encountered this situation in the field when they contact hunters who have hunted away from home for several days. Some hunters have taken the birds they killed early in their hunting trip to a processor and had jerky made from them. They then continued to hunt and attempted to transport another possession limit of birds back to their home. Obviously, this is in violation of the possession limit restrictions and some hunters try to use "the jerky explanation" in an attempt to circumvent the possession limit laws. We understand it is, at times, difficult to determine how many birds you have processed into jerky at your residence and therefore how many birds you have in your possession. We recommend you do the best you can to comply with the law. Understandably, the possession limit assists in managing waterfowl populations and law enforcement action is considered if there is gross negligence of violation of the hunting regulations.

Our laws pertaining to the hunting waterfowl can be found on our website at: http://www.fws.gov/hunting/.

Thank you for your cooperation in complying with our regulations that help protect fish, wildlife, and plants and their habitats. We hope we have addressed your concerns. Please feel free to respond to this message with any further inquires that you may have regarding this matter.

Remember that the Feds Migratory Bird game laws supercede state regulations.
 

·
Premium Member
Joined
·
4,049 Posts
Thanks for the clarification. I've never had the problem of being over (or close to) my limit. If my shooting didn't suck as bad as it does, I might find myself in this dilemma.
Another question, does taking them to the taxidermist count as "donated"?
 

·
Registered
Joined
·
599 Posts
Discussion Starter · #10 ·
I was just gonna ask about the same question loke. If I have 14 ducks mounted on my wall does that mean that I can no longer hunt ducks?
 

·
Registered
Joined
·
789 Posts
huntducksordietrying said:
I was just gonna ask about the same question loke. If I have 14 ducks mounted on my wall does that mean that I can no longer hunt ducks?
No, you may never hunt ducks again after you have 14 mounts in your house.

Geeeeeesh!!!! The law was written to deter and limit market hunters. Are there modern market hunters today? Yes, I believe that there are. They don't do it for the same reason, but they still kill a heck of a lot of birds and either waste them, gift them, or stockpile them.
If you are not a true game hog slob hunter, you should never have to worry about possession limits......EVER!!!! No F&G dude is going to come in and toss your house if you have a few over possession limit....EVER!

If someone hunts a lot and kills a lot of limits and isn't eating what they shoot....the question of possession REALLY ISN'T THE ONLY ISSUE with this type of person.

If you kill a lot of birds and are trying to be creative in ways to get rid of them so you can go kill more, maybe you should worry.

No....mounts do not count towards your possession.
 
1 - 11 of 11 Posts
Top