Change in Fed. Waterfowl law?

[dubob]

I use a licensed processor (I think).
My gw pal (Carter) alerted me to the lady that picks ducks for him. Seems legit but...
Oh Lord.
A duck is a duck to her and she won't identify them or package them separately.
No heads or wings she processes them perfectly but...labels and tags?
That lady is going to get me arrested which is why I have video of me dropping off ducks and what I picked up.

A licensed processor MUST identify the contents of the package to include species and count of each species. I.e., our Texas outfitter marks the vacuum sealed bags with species of bird (Lesser Canada goose, Sandhill crane, White fronted goose, Ross's goose, etc.) and the count for each bird. Different species are never mixed in any given bag. IMHO, you are NOT using a licensed processor and to be honest, I don't believe the LEO would care if you have a video. He will probably still cite you and tell you to tell it to the judge.

 

[stepdonn]

always been that way in canada . Ducks the only way to tell what species of duck it is for daily limit is to leave the head on or a wing Goose same thing until u get home

 

[oldfireguy]

Okay.
Seems like we all share a similar if not identical understanding, that transport requires identification.

Now.....
When faced with huge ,"limits" or no limits for snow geese, should we waive the " identifying" wing/head as moot?

Does anyone here believe there would be a significant attempt to shoot ducks/Canada's and add them to the bag?

 

[Native NV Ducker]

Are we agreeing that cooked Sausage or Jerky is no longer counted towards possession and is legal to transport ? irregardless of who processed it in the Regular season or Conservation season.

No.
This comes up all the time. Jerky, sausage, cooked and frozen, guys are always trying to come up with ways to say their birds no longer count towards 'possession'.
The law.....

§ 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.

You might notice, it says nothing about any preservation methods, jerky, sausage, or all that other malarkey. It is in your possession until you eat it, or give it away.

As to using a preservation facility...

§ 20.43 Species identification requirement.​

No person shall transport within the United States any migratory game birds, except doves and band-tailed pigeons (Columba fasciata), unless the head or one fully feathered wing remains attached to each such bird at all times while being transported from the place where taken until they have arrived at the personal abode of the possessor or a migratory bird preservation facility.

 

[full choke]

Okay.
Seems like we all share a similar if not identical understanding, that transport requires identification.

Now.....
When faced with huge ,"limits" or no limits for snow geese, should we waive the " identifying" wing/head as moot?

Does anyone here believe there would be a significant attempt to shoot ducks/Canada's and add them to the bag?

I do not know what marshes you hunt in, but YES, Yes I do believe there would be a significant amount of ducks and Canada's shot. My faith in fellow waterfowler's is pretty low these days. And that is strictly based on observations.

 

[Peakebrook]

Migratory bird preservation facility

There is no mention in the Federal regs that it has to be licensed. Only that records need to be maintained and available for inspection.

 

[dubob]

Migratory bird preservation facility

There is no mention in the Federal regs that it has to be licensed. Only that records need to be maintained and available for inspection.

Do you know of any states that do not require a business to be licensed - I don't. I don't know what Federal agencies come into play but I'm sure they do. But a license to operate a processing business would come from the state. Similar to an FFL holder; they have to have a business with an established address and business hours to obtain the FFL from the Feds and the state would require they have a license to operate the business. If I am incorrect in these assumptions, please let me know. I'm always willing to know the truth about such things.

 

[Peakebrook]

I have a meat processing room. I process animals, including game with family and friends. As long as I do not sell the product or services, I do not have to have a license. If I chose to open my facility for inspection, I could keep records and process waterfowl with friends. That would suffice to be a migratory bird preservation facility and friends could transport processed game back home ...legally.

 

[Goosekiller]

The issue with these laws they were written long ago during market hunting days. Market hunting for waterfowl is long gone. Go try to feed wild duck or goose to people who weren't raised eating it, they'll most likely turn up their nose.
I believe it's time to revisit some of these laws on wing and head attached.

 

[dubob]

Migratory game birds are governed by Federal law as well as buy state law. The Federal regulations set guidelines that the states must follow. States can make the requirements of Federal law more stringent than Federal law but cannot make the requirements less stringent. Title 50 Code of Federal Regulations (CFR) covers wildlife and fisheries. Title 50 CFR Part 20 covers migratory game birds. I spoke with a federal law enforcement agent about the Federal requirements, and we discussed the requirements of Title 50 CFR Part 20 and he gave me a link to that Title through the Cornell Law School website: 50 CFR Part 20 - MIGRATORY BIRD HUNTING | CFR | US Law | LII / Legal Information Institute (cornell.edu). I have quoted some of it below.

Tagging of your birds before delivery to the processor is straight forward.

§ 20.81 Tagging requirement.
No migratory bird preservation facility shall receive or have in custody any migratory game birds unless such birds are tagged as required by § 20.36.
§ 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.

The Migratory Bird Preservation Facility shall maintain records of such processing.

§ 20.82 Records required.
(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.

If I chose to open my facility for inspection, I could keep records and process waterfowl with friends.

I think you may have that backwards. If you process migratory birds for anybody besides yourself (which I would assume would include any immediate family members residing with you), then you WILL be required to maintain accurate records of said processing (preservation) and make them available for inspection to any person authorized to enter the facility and inspect the records.

As to state licensing requirements for a Migratory Bird Preservation Facility, that will be determined by the state. It would appear that CT doesn’t require a ‘license/permit’ for such a business, but the business would have to be registered with the state which would establish a name, address, type of business, sales tax collection, etc.

§ 20.83 Inspection of premises.
No migratory bird preservation facility shall prevent any person authorized to enforce this part from entering such facilities at all reasonable hours and inspecting the records and the premises where such operations are being carried.

One of things I did notice is this: there are no specifics on how the Migratory Bird Preservation Facility shall mark the packages of processed birds. There is a section that covers marking shipped/mailed packages of birds, but it doesn't specify that the same requirements are required for processed birds being transported by POV.

§ 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.

Getting back to the OP question regarding processing of snow geese not being allowed, it has been established by several in this thread that the OP was incorrect in his interpretation of the Federal law in this regard. The snow geese CAN be processed/preserved for transport if done IAW the Federal/state game laws. What constitutes a Migratory Bird Preservation Facility can vary from state to state, but as long as they meet the Federal & State requirements for licensing and record keeping, it is legal to use them and then transport the results of the processing back to one’s domicile. I see no reason why a change to Federal law is needed to do this. The biggest hurdle to doing this, IMHO, is the lack of legitimate Migratory Bird Preservation Facilities throughout the country.

Hey - it's a slow day and I'm between ice fishing and boat fishing seasons. Okay?