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

Riverman

Member
I have seen several threads on this and nothing consistent, and nothing from SD or NE. I plan to hunt pheasants after Christmas on a 7 day trip. The first two days will be in NE and I have a good chance of killing 6 birds. Then I travel to SD to hunt for 5 days, where I know I can/will kill 15 birds. Then I will drive back to UT through SD and WY with all my birds. I could potentially have 21 birds, but they were all legally taken and I am not exceeding the possession limit for each state. Is this legal? I have heard some states say yes, some no.

Please don't reply unless you KNOW the answer. I have seen plenty of conjecturing and folks trying to use logic to figure it out, or guys that did this and "thought it would work." Logic doesn't matter in these cases, it usually is just what the law is and how each state interprets it. I know this doesn't work for waterfowl since they are migratory and you can only have one possession limit no matter where you killed them, but these birds are owned by the state(s). What I need is THE ANSWER in case I am stopped and checked. I don't want to pay $100/bird. They will already cost me $24/bird for each trip, no sense increasing the cost!

And if you can answer that question tell me how it all works when I put them in my freezer and I have another possession limit from yet another state. I know I am getting ridiculous, and the chances of having my freezer checked are about .000000001, but....what if?


Thanks
 
Go online and check their DNR's. In there is the non-resident hunting regulations, read them and your answer is there. Then you will know 1st hand what the limit laws are.......Bob
 
Lets us know what you find out. One of these days I would like to do the trifecta in MN, IA and SD. See if I could shoot a limit in each state.
 
I have checked web sites and regulations for several states, but I have never seen this question addressed, and I think it is because it involves the state making a statement about what another state might, or might not, allow. Like I said it would be nice to get THE ANSWER. Maybe a couple of wardens can weigh in on this??
 
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
 
It is in the hunting Dates and Limits of the Regulations. I found it but cannot get them to copy so I can post it............Bob
 
Many years ago we hunted between Kansas and Nebraska. We were advised to tag each bird, as to where and what date it was shot, identify with notched feathers on the retained wing, to identify who shot it in the group, and have them checked at the point of entry, when we crossed state line, so that a state employee, saw and acknowledged the bird count and their entry or exit into the state. It sounds like a lot of trouble now, 40 years ago their were little white painted port of entry stations on every secondary highway. I don't know how common they are now!
 
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.
 
Ku kuk is correct and the other advice that I got was contact the CO of the county you are hunting in your first state. Ask to meet him for the purpose of checking your bag limit to travel and hunt in another state. He will then meet with you inspect your bag and provide a report to carry with you to the next state.
 
Some guys from pheasants forever just did this on their Rooster Roadtrip. They did what Kuk Kuk said. Just contact the CO and tag each bird with the state and keep the bird's separated with a bag and a name with the state's name on the bags. Good luck on your trip. :thumbsup:
 
I hunt KS and CO and was told the exact same as the previous post big things the DOW told me were 1. I better have a license for each state I hunted 2. Possesion limit is different from bag limit and the state I plan on cooking them in is the one I had to follow for possesion limit. Overall though it is legal to hunt multiple states and carry a larger bag limit into a state as long as you follow the steps previously posted and those are mainly just to cover your butt. Good luck!!
 
2. Possesion limit is different from bag limit and the state I plan on cooking them in is the one I had to follow for possesion limit.QUOTE]


Riverman, your demanding the right answer for something that even my own states' DNR can't pin point. I've had issues with this because my birds for taxidermy (business) are still counted as part of my possestion limit.

The fact is you personally have to contact YOUR state DNR and ask about possesion limit.

Recons post above nailed it on the head. You can not have more than your states possestion limit on birds regardless of were you've shot them.

Again, call your DNR and ask about Recons point #2. The advice you've recieved about state to state matters is correct but doesn't mean much when YOUR state can nail you on over possestion on wild birds.

--1pheas4
 
This is interesting information and I will call my DNR to check. But, using what several have said, I am basically illegal the minute I put a legally-harvested limit from SD in my Utah freezer, since I can only have 6 birds possession in this state! I will call and ask, but that doesn't seem right? Using similar logic, if I don't have a Utah bird license I can't even have a possession limit, even if I was legal in SD, right? It seems to me that you should be allowed to have a legally harvested bag and possession limit from any state that you have a valid license, and legally harvested those birds, regardless of what your home state has on its books.
 
Tag each daily bundle. Name, license number, date and location harvested, and signature on each bundle. Have a farmer or friend that can affirm the legality of each harvest if necessary. Same goes for a buddy's birds in a case where he flies home and you drive...you can legally surface transport his birds on his behalf.

Once the birds are in your freezer at home, it will take a search warrant to inspect. There must be proof and probable cause for a search of your freezer. Possession limit laws are very poorly worded, but lawful sportsmen have little to worry about. Additionally, you may "Gift" legally harvested birds to others that don't possess a license, ie: your wife and kids.

There is a good article on this subject in this month's Retriever Journal.

Do the documentation, be a good sportsman, and have a bountiful hunt!
 
It does depend on the specific state regulations. Some are silent and others are specific.

Here is the wording from Oklahoma (they get a lot of crossover from Kansas, Texas, and Colorado):

"Persons who hunt in two (2) states having separate daily limits may not exceed the largest number of birds that can legally be taken in one (1) of the states in which they take birds."

http://www.wildlifedepartment.com/regs/upland_game_regulations.htm

I found a similar regulation in Kansas but can't locate it now. Texas was silent on the subject when I looked before.

Cass
 
I carried a two man posession limit of sage grouse, 24 in all, 1980, over Montana, Wyoming, ( which is where we shot them), North Dakota, South Dakota, Nebraska, and Missouri. Got checked in Nebraska, North Dakota, while hunting huns and sharptails, never a problem, but this was years ago, we had bagged and tagged, each bird with hunter name and lisence number, with wing and head attached. The Nebraska warden called his compatriot over, and told him we got them the day before a couple a miles over, got a big laugh from everybody, with the look on that guys face! Some of those things weighed 8 pounds or so, and definitely an acquired taste! I retired from actively trying! In todays world, I don't think I'd risk it. Pack them in dry ice and ship home UPS express. We may have been real lucky back then, but Nebraska has no Sage Grouse, South Dakota, and North Dakota, 24 might have been the entire state population, Montana nobody checked us.
 
I don't buy the limit based on your states posession limit

I live in Missouri and I have frequently had a Kansas posession limit in my freezer. The Missouri limit is 4 the kansas limit is 16. There's no way that the posession limit is based on the state you live in.
 
In some states the definition of "possession limit" is geared toward those being transported and excludes those that are in your permanant residence and processed.

Here is the wording for Texas:

Possession Limit: For all wildlife resources taken for personal consumption and for which there is a possession limit, the possession limit shall not apply after the wildlife resource has reached the possessor's permanent residence and is finally processed.

http://www.tpwd.state.tx.us/publications/annual/general/penalties/

Just chck each state you will hunt.

Cass
 
I have a worse problem. I hunt on property that is in two states. I can legally shoot 2 in IN and then two in IL. So when I get in my truck that afternoon I can have four birds, not cleaned, tagged or bagged.

I always figured that having two licenses would suffice but I've been tempted to park in th emiddle of the dang road.
 
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