BBK wrote:I have researched it, and I have talked with the USFW about it (they were no help at all). There is nowhere in any federal law or regulation that states prepared food (jerky, sausage, cooked duck/goose) counts towards possession. Alternatively, there is nowhere in there that says it does not count. It is a gray area and I highly doubt the feds or any state would spend the money to prosecute anybody for too much jerky unless it was a high profile case such as a guide service or someone with hundreds and hundreds of birds. You or I having 20 birds in jerky is not going to get the CO knocking on our doors.
However, there is bill in the Cali senate right now (voted on the 25th I think it was, but don't have the results) that will add specifically that birds prepared (jerky, sausage) and cooked do not count towards the possession. If it passes I am sure many other states will follow for next year. What brought that on was a guy who got ticketed for over possession when he had a bag full of jerky with him in the blind after he shot his daily bag limit on the first day of the season in 2012.
BBK wrote:Read it again, slowly. I already said it does not appear. It is a gray area and up to officer's discretion.
§ 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.
BBK wrote:Think like a lawyer. It did not say possession ends only when those examples are met, it just says possession is terminated when those examples occur. So those are not the only times when possession ends.
Users browsing this forum: No registered users and 7 guests