If stored WHOLE they still count toward your possession limits even at home - FYI

Under state law they are no longer under your possession once they reach
"final destination" at your legal home address as long as they are processed
and perserved in a way to be edible.


Right ???


Verified this with Texas Parks and Wildlife and several State Wardens - BUT
then talked to a Federal Warden - different story....


NOT QUITE ! ! !


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.

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.

http://ecfr.gpoaccess.gov/cgi/t/text/te ... rv6_02.tpl

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.

THE RULES:

§ 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.

The ONLY good part is related to "gifting" them to another person
like say your wife / son / daughter / etc....

The only other - good part - was when I further quizzed the Federal Warden
about - commercial fowl - and processed duck like in sausage....

Because commercial fowl is not governed under the same rules as wild fowl...

Did finally get him to say - "If it looks like a duck - it IS a duck" - meaning
that seperated from any bones or combined with other ingredients he
stopped seeing it as a duck ! ! !

So giga what your trying to say is you been outlawing in past years!!

Hey GDouche, we already hashed this one out. You a little late.

So if I raise mallards with my chickens and I have too many of my own pen raised mallards in my freezer, I am in violation? I would think NO since these are pen raised and not migratory birds, and wildlife and fisheries has no juristiction over livestock. So the question is now how can they tell the difference between wild and domestic mallards once they have been plucked, gutted, and frozen?

Just thought I would trough that out their how does it feel to be labeled a outlaw and have never broken a law!!