Possession limits from 2 states-what's legal??

[uplandgameadventures]

True!

I have had this same situation between SD/ND/MN. Here is what I did based on calling the DNR office in all 3 states. You have to bag or bundle each days limit with the date and state. Then as long as you have your license for those states you are OK. I also get the phone number of the local CO and call and leave a message telling him what you are doing and leave your cell phone number. I have done this 4-5 times, but never got checked. Also keep your motel, gas and resturant receipt and you will be fine.

This topic came up a while back and I contacted ND G&F. Granted ND has nothing to do with your travels. Bottom line is that it's legal, have your license, tag your birds from each state and you will be good. Obviously you'll need to be prepared to answer some questions if checked but at least it'll be pretty convincing to the warden of what you are doing.

 

[grouchyolddude]

http://en.wikipedia.org/wiki/Game_warden

Search with or without Warrant
The laws in many U.S. states allow game wardens to conduct certain types of searches with or without search warrants. The law in Louisiana for instance states in part "...any commissioned wildlife agent may visit, inspect, and examine, with or without [a] search warrant, records, any cold storage plant, warehouse, boat, store, car, conveyance, automobile or other vehicle, airplane or other aircraft, basket or other receptacle, or any place of deposit for wild birds, wild quadrupeds, fish or other aquatic life or any parts thereof whenever there is probable cause to believe that a violation has occurred. Commissioned wildlife agents are authorized to visit or inspect at frequent intervals without the need of search warrants, records, cold storage plants, bait stands, warehouses, public restaurants, public and private markets, stores, and places where wild birds, game quadrupeds, fish, or other aquatic life or any parts therof may be kept and offered for sale, for the purpose of ascertaining whether any laws or regulations under the jurisdiction of the department have been violated...."[3] The laws in other states may grant more or less search and seizure authority. These exceptions granted to game wardens are still considered to fall within the constitutional limits of search and seizure as outlined in the U.S. Constitution.

http://www.enotes.com/topic/Game_Warden

In many jurisdictions conservation officers or game wardens have very broad authority. However, it is a fallacy that they can perform a search without a warrant in instances where regular law enforcement officers would need to obtain a warrant first. Conservation officers are bound by U.S. Supreme Court decisions just like any other law enforcement officer. Due to the specialized nature of their job, and the specialized search and seizure rules that they must adhere to, these game wardens do "seem" to be able to conduct searches and seizure that other law enforcement officials can not do. Conservation officers can, and routinely do, seize fishing equipment, firearms, vehicles, watercraft, and other equipment and property used in the commission of fish and game crimes with and without warrants. In many states, game wardens do not need warrants to conduct checks on places that they suspect taken animals or fish to be located, whether on public property or private property. This includes game checks in the field as well as storage facilities where suspected illegal game are stored. At least 73 Game Wardens/Protectors/Conservation Officers are listed on listed on ODMP.

http://books.google.com/books?id=nf...rdens search and seizure +limitations&f=false
(Colorado statutes)...

Section 2734 Act 1899 sec 10..
The commissioner and every warden throughout the state, every sheriff and constable in his respective county,is authorized and required to enforce this act and sieze taken or held in violation of this act, and he shall have full power and authority, and it shall be the duty every such officer, with or without a warrant, to arrest any person which he has reason to believe guilty of a violation thereof; and with or without a warrant to open, enter and examine all camps, wagons, cars, stages, tents, packs, warehouses, stores, outhouses, stables, barns, and other places, boxes, barrels, packages, where he has reason to believe any game or fish taken or held in violation of this act is to be found, and to seize the same ; PROVIDED..that a dwelling house actually occupied can be entered for examination only in pursuant of a warrant.

............................

 

[mnmthunting]

Before the law changes in ND I hunted ND for Pheasants and Sharptails, couple days then on the Montana. I did it every year for about 30 years.

Was checked a few times went though game checks. The ones from ND were cleaned legally and in individual bags in a cooler.

I had no problems, I had the licenses, no over limits, all went well. I never hunted MT then ND so I can't say what the ND official would do. Those MT CO's had no problem with it.

 

[airmedic1]

Game Warden in Nebraska told me to tag each bird as to the location of the kill. I routinely hunted in NE and KS on the same day. I carried some little wire tags with me with a place to write. I also tried to buy something with my CC in KS so I had proof that I had been in KS that day.
I was never checked but didn't like to have to worry about it.
I have killed four roosters in KS and driven home to NE on the same day and without cleaning them. I have alway had proof that I hunted in that State, ie CC receipt of gas or food.

 

[FCSpringer]

Hello, your tone implies someone knows the answer, and you deserve it. Go for it, take all the birds you think you deserve and Good Luck

LOL, well I guess we all deserve an answer to this ?. we would like to obey the law. Many of the laws are unclear these days, and need explaining and simplifying.

 

[Riverman]

Thanks FCSpringer. I think danlecl thought I came across as demanding an answer and a game hog, but all I was looking for was an answer that would hold up. I am a big bird hunter and I don't think I am that unlike many guys on this site in that I usually get a limit of birds if I put the effort in, especially in a state like SD where it is not difficult to get 3 birds/day. I don't live in a good pheasant hunting state so when I travel I may hunt in 2-3 states. As gas prices go up to $4-$5/gallon I think more guys are going to combine trips and this will become a larger concern.

Like you said, there is a lot of confusion about some laws, especially this one. If you look at this thread it basically ran the gamet from guys that thought you can get a full possession limit from each state that you hunt, to guys that thought that regardless of where you killed the birds you had to abide by the possession rules for the state you live in, which for me would mean that I would be in violation the minute I put the birds in my freezer. Several COs I talked to said basically the same thing that most of the responders said--tag and bag the birds from each state and try to have some evidence that you were in the state before you move on to the next state. BUT, they all mentioned that each state is different and that while it would not be likely to get a citation, each CO has the discretion to write the ticket and you may have to contest it, which could be expensive, but of course having 6 birds over limit from another state would likely be a $600+ fine so it might be worth it, especially if your privilege to hunt were in jeopardy.

I appreciate everyone responding--it was a good thread.

 

[FCSpringer]

Well I look at it as the money for there dam salary comes from us tax payers, why in the heck should we be paying them to make life difficult for us. They work for us, we are the boss so to speak. Vote, get rid of these money grabbers and simplify the darn laws for us. Also put a salary cap in Government, and lic fees, enough is enough in my opinion. Why does it get more complicated and more expensive every darn year? They should be embarrased for such dis service.

 

[jmac]

Well I look at it as the money for there dam salary comes from us tax payers, why in the heck should we be paying them to make life difficult for us. They work for us, we are the boss so to speak. Vote, get rid of these money grabbers and simplify the darn laws for us. Also put a salary cap in Government, and lic fees, enough is enough in my opinion. Why does it get more complicated and more expensive every darn year? Then to hear of such things going on as 100$+ a dinner plate meetings as happens in MN is a joke. I say fire the whole lot, and they should be embarrased for such dis service.

I can't disagree with that. Making life more simple, Sounds like a great Idea.