No person shall possess, have in custody, or transport more than the daily bag limit or aggregate daily bag limit, whichever applies, of migratory game birds, tagged or not tagged, at or between the place where taken and either (a) his automobile or principal means of land transportation; or (b) his personal abode or temporary transient place of lodging; or (c) a migratory birds preservation facility; or (d) a post office; or (e) a common carrier facility. Toe Tags Note:

The law is stating you cannot walk out of the field or marsh with someone else’s birds in your possession.  You cannot drive from the field to your house or anywhere else with someone else’s birds in your vehicle that is not riding in your vehicle and the birds not tagged. Each migratory bird shall be tagged and the tag must be completely filled out, attached, and signed by the person that harvested that particular bird.

50 CFR 20.36 – TAGGING REQUIREMENTNo 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.

50 CFR 20.37 – CUSTODY OF BIRDS OF ANOTHERNo person shall receive or have in custody any migratory game birds belonging to another person unless such birds are tagged as required by 50 CFR 20.36Toe Tags Note: 
 No person shall put or leave any migratory game birds at any place other then at his personal abode…. for picking, cleaning, processing, shipping, TRANSPORTATION, or storage…..unless such birds have a tag attached. No person shall leave in custody any birds belonging to someone else including people in your own hunting party.

EXAMPLE 1: If two hunters are riding in one truck together the birds legally need tagged to identify which birds were harvested by who.

EXAMPLE 2: If you are not living or residing at your permanent residents but are staying at a hotel or guide service on your hunt.

EXAMPLE 3: Acting under the capacity of a guide or outfitters and storing birds in a general location, transporting, or processing for a client.The bottom line is all birds must have their own individual tag attached and filled out. The violation is a Felony and you are better off safe then sorry later. Simply treat them like most big game laws. Tag the animal then transport, process, and keep the tag with the meat until its consumed.

EXAMPLE 1: You cannot drive you and your friend from the field home without having both sets of birds properly tagged to identify them.

(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.

Toe Tags Note: Outfitters and hunt clubs you are exempt from keeping record books because you are not fully processing the bids. Meat Lockers, Packing Plants, and Taxidermist are not exempt from keeping record books.

50 CFR 20.40 – GIFT OF MIGRATORY GAME BIRDS

(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.

[41 FR 38510, Sept. 10, 1976]Toe Tags Note: Outfitters and hunt clubs you are exempt from keeping record books because you are not fully processing the bids.  Meat Lockers, Packing Plants, and Taxidermist are not exempt from keeping record books.

FAQ

What is a Toe Tag?

A Toe Tag is a simple tag that is filled out by the hunter to assist him in complying with the Federal Migratory Game Bird Treaty Act of 1918.

Does my home state require I tag these birds the way you are recommending?

Maybe. The products offered by Toe Tags L.L.C. is intended to assist hunters in compliance with federal law. All hunters are encouraged to consult laws specific to any states where they are hunting to determine whether additional tagging is required. Remember that, even if your state does not require tagging of migratory birds, federal law establishes minimum tagging requirements that are applicable in all fifty states.

I have never heard of this law before and I have been checked without having any tags on my birds. Is this just a law Federal Game Wardens enforce?

The Federal Migratory Game Bird Treaty applies in all fifty states. Tagging requirements are also applicable to hunters traveling across international boundaries in possession of migratory game birds (e.g. hunters traveling back to the United States from hunts in Canada, Mexico, or any other country). Any state is free to impose tagging requirements that are more stringent than those required by federal law, but state requirements cannot be less stringent due to the pre-emption doctrine. Federal tagging requirements may be enforced by both state and federal game wardens.

I don’t see anything in my states regulations book and my local game warden told me they never write anyone for it so should I tag them or not?

There is no requirement for any state to provide rule books for hunters and federally mandated tagging requirements are rarely taught in state hunter safety course. Nevertheless, ignorance of tagging requirements is not a legal excuse for non-compliance; a hunter may face serious charges including fines, terms of confinement to prison, and loss of hunting privileges for failing to properly tag migratory game birds.

Is this a new law or are they just now starting to enforce it?

This law has been in effect for 100 years, but federal criminal court filings indicate that enforcement of this federal law has drastically spiked since 2008.

What is defined as a migratory game bird?

Migratory game birds means those migratory birds included in the terms of conventions between the United States and any foreign country for the protection of migratory birds, for which open seasons are prescribed in this part and belong to the following families: (1) Anatidae (ducks, geese, brant and swans); (2) Columbidae (doves and pigeons); (3) Gruidae (cranes); (4) Rallidae (rails, coots and gallinules); and (5) Scolopacidae (woodcock and snipe)

When do I need to tag my birds?

A migratory game bird must be tagged at any time it is physically located in a place other than the hunter’s personal abode. For the purposes of the law, a hunting lodge, hotel room, motor vehicle, or other temporary residence is not considered to be the hunters “place of abode”. In short, the only time your birds don’t need to be tagged is when you return home – to the place that you normally live – from your hunt.

Am I in violation of the law if I have another person’s untagged birds in my motor vehicle?

Yes, unless that person is riding with you in the motor vehicle at all times and the birds are separated in such a manner so as to permit a layperson to determine which hunter harvested a specific bird. The most common violation of this law is when multiple hunters are riding together in a motor vehicle with all of their birds stored together in a single cooler. However, unless the birds are tagged, it is unlawful to be in possession of migratory game birds belonging to another hunter who is not a passenger in your vehicle. This law applies even if the hunter who harvested those birds is following in the vehicle behind you.

Does every bird require an individual tag?

Not necessarily. If all of an individual hunters birds are stored in a container separate from any hunters birds, the hunter need only fill out one tag listing the birds that are his. Another common practice is to fill out one tag for birds that are tied together with zip ties or some other means. Remember: it is not enough to simply fill out a tag. A game warden must be able to determine which specific birds belong to you without making any verbal inquiries. Remember: tagging every individual bird helps to eliminate the possibility for confusion.

Are Toe Tags L.L.C products waterproof?

No company can warranty that their products are completely waterproof. However, our tags are designed to be resistant to water. They also feature a reinforced eye to help ensure that the tag is not inadvertently removed during transportation. Please remember that, while our tags are water-resistant, the ink of the pen you use to complete the tags might not be. We recommend the use of a high quality ball point pen that you have personally tested.

Can I gift or transfer a migratory game bird to another person?

Yes. This is a common practice when a hunter takes their birds for processing at a taxidermist. Our gift tags are different from our standard toe tags and are designed to address this contingency. Remember that any type of “sale” of migratory game birds from one person to another is prohibited by federal law (this includes migratory game birds that have been fully processed or have been mounted by a taxidermist). The prohibition against a “sale” includes exchanging migratory game birds for anything of value. A “quid pro quo” is not a gift.

Does Toe Tags L.L.C. guarantee that I will not receive a ticket or criminal charges?

No. It is impossible for us to make a guarantee of this nature because we have no control over how our product is used once it leaves our facility. Although this product was made with the assistance of attorneys, we are not attorneys ourselves and nothing contained on this website constitutes legal advice. It is your responsibility to know the law. All products are sold “as is” and with no warranties, express or implied.

Are the products offered by Toe Tags L.L.C. sufficient for tagging or gifting species other than migratory game birds?

Maybe. This product was specifically designed to assist hunters of migratory game birds in complying with the Federal Migratory Game Bird Treaty Act of 1918. We do not know the laws of all fifty states and cannot state with any reasonable degree of certainty that our products are sufficient for the tagging requirements of animals other than migratory game birds, or any state-specific requirements which may exist for tagging migratory game birds.