50 CFR 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 transient place of lodging; or (c) a migratory birds preservation facility; or (d) a post office; or (e) a common carrier facility.
Toe Tags Note: The law is stating you cannot walk out of the field or marsh with someone else’s birds in your possession. You cannot drive from the field to your house or anywhere else with someone else’s birds in your vehicle that is not riding in your vehicle and the birds not tagged. Each migratory bird shall be tagged and the tag must be completely filled out, attached, and signed by the person that harvested that particular bird.
50 CFR 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.
50 CFR 20.37 – CUSTODY OF BIRDS OF ANOTHER
No person shall receive or have in custody any migratory game birds belonging to another person unless such birds are tagged as required by 50 CFR 20.36
Toe Tags Note: No person shall put or leave any migratory game birds at any place other than at his personal abode…. for picking, cleaning, processing, shipping, TRANSPORTATION, or storage…..unless such birds have a tag attached. No person shall leave in custody any birds belonging to someone else including people in your own hunting party.
EXAMPLE 1: If two hunters are riding in one truck together the birds legally need tagged to identify which birds were harvested by who.\
EXAMPLE 2: If you are not living or residing at your permanent residence but are staying at a hotel or guide service on your hunt.
EXAMPLE 3: Acting under the capacity of a guide or outfitters and storing birds in a general location, transporting, or processing for a client.
The bottom line is all birds must have their own individual tag attached and filled out. The violation is a Felony and you are better off safe than sorry later. Simply treat them like most big game laws. Tag the animal then transport, process, and keep the tag with the meat until it’s consumed.
50 CFR 20.42 – TRANSPORTATION OF BIRDS OF ANOTHER
No person shall transport migratory game birds belonging to another person unless such birds are tagged as required by 50 CFR 20.36
Toe Tags Note: EXAMPLE 1: You cannot drive you and your friend from the field to home without having both sets of birds properly tagged to identify them.
50 CFR 20.82 -RECORDS REQUIRED
(a) No migratory bird preservation facility shall:
- 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
- Destroy any records required to be maintained under this section for a period of 1 year following the last entry on the record.
- 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.
Toe Tags Note: Outfitters and hunt clubs may be exempt from keeping record books because you are not fully processing the birds (be sure to check your local and state regulations). Meat Lockers, Packing Plants, and Taxidermists are not exempt from keeping record books.
50 CFR 20.40 – GIFT OF MIGRATORY GAME BIRDS
(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]
Toe Tags Note: Outfitters and hunt clubs may be exempt from keeping record books because you are not fully processing the birds (be sure to check your local and state regulations). Meat Lockers, Packing Plants, and Taxidermists are not exempt from keeping record books.