Game Freezer Limits

May 13, 2010

Question: Near the end of this past duck season, DFG wardens visited two of my friends’ homes requesting to see the contents of their freezers. They said when they cooperated and showed the contents of their freezers, they were cited for violating the Fish and Game Code for exceeding the waterfowl “in-possession limit” regulation. Like thousands of other hunters statewide, they each had dozens of legally harvested waterfowl from the three-month waterfowl season stored in their freezers for future consumption.

What is the law regarding the number of waterfowl one can legally keep in their possession in their freezer during and after the waterfowl season? It would seem that any interpretation that limits persons to “no more than double the daily bag limit” in one’s possession at any time will result in wanton waste of game that is discarded in the field and from hundreds of freezers statewide – directly in violation of another Fish and Game Code provision which prohibits wanton waste of game.

How can DFG rectify these two provisions when they cite people for their freezer contents like this? Because it is such a widespread practice among thousands of hunters in California to save and consume their game after the season, nearly every hunter faces the potential of this citation.

Answer: Though this may be a common practice, it does not make it legal. According to Northern California Enforcement Chief Mike Carion, some states limit the possession limit to the field; however, in California the possession limit per person is two daily bag limits.

The law does not allow a hunter to possess more than one possession limit (two daily bag limits) at their house or at any time. A possession limit can be donated to others who live in the household too even if they are not hunters. There is no minimum age for a person to retain a possession limit of waterfowl. For example, a person who has a spouse and two children all living in one house may possess one possession limit for each of the four people (eight daily bag limits). A single person living alone is limited to one possession limit and in order to legally continue to hunt, he or she must gift the birds to someone else or consume them.

Waterfowl bag and possession limits are federally regulated. States may only adopt the same or stricter regulations than those authorized by federal law. In California the possession of two daily bag limits – regardless of whether a hunter has hunted for two straight weeks during a trip, or has hunted daily and taken the birds home – applies in the field as well as the home. The possession limit is the maximum allowed to be possessed by one individual. Keep in mind, the intent to give birds away does not justify possessing more than the daily bag limit.

If you cook and/or smoke the birds, and/or break them down into vacuum sealed meals does that change "to processed food" make their classification different?

If you cook and/or smoke the birds, and/or break them down into vacuum sealed meals does that change "to processed food" make their classification different?

No.

If you have a warden showing up at your house asking to see the contents of your freezer you've got problems.