Here it is from the head waterfowl biologist for the state of Illinois (my source for the regulations all along) --
"See pages 23-24 of the Digest of Waterfowl Hunting Regulations. The federal rules are listed chapter and verse there. See "Wanton Waste", 50 CFR 20.25 and "Custody of Birds of Another", 50 CFR 20.37. especially. Also note the gift, (50 CFR 20.40) and tagging (50 CFR 20.36) sections. CFR is Code of Federal Regulations. Should be able to find them under the USFWS web page somewhere."
Enjoy your crow.
50CFR20.25 refers to the physical possession, but does not address this specific issue:
[Code of Federal Regulations]
[Title 50, Volume 2]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR20.25]
[Page 39]
TITLE 50--WILDLIFE AND FISHERIES
CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE
INTERIOR--(Continued)
PART 20--MIGRATORY BIRD HUNTING--Table of Contents
Subpart C--Taking
Sec. 20.25 Wanton waste of migratory game birds.
No person shall kill or cripple any migratory game bird pursuant to
this part without making a reasonable effort to retrieve the bird, and
retain it in his actual custody, at the place where taken or between
that place and either (a) his automobile or principal means of land
transportation; or (b) his personal abode or temporary or transient
place of lodging; or (c) a migratory bird preservation facility; or (d)
a post office; or (e) a common carrier facility.
[41 FR 31536, July 29, 1976]
[[Page 40]]
[Code of Federal Regulations]
[Title 50, Volume 2]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR20.37]
[Page 40]
CFR 20.37 does deal directly with possession - Was "Kerry's" bird tagged? Did it actually require a physical tag (geese don't have to be tagged here in Arkansas - so I don't know if this applies).
TITLE 50--WILDLIFE AND FISHERIES
CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE
INTERIOR--(Continued)
PART 20--MIGRATORY BIRD HUNTING--Table of Contents
Subpart D--Possession
Sec. 20.37 Custody of birds of another.
No person shall receive or have in custody any migratory game birds
belonging to another person unless such birds are tagged as required by
Sec. 20.36.
[[Page 41]]
CFR20.40 deals with giving the game to another person as a gift (as many of us hunters do with what we don't consume ourselves). IT deals with the regulation that the hunter's name, date of kill, and license number must be included with the game. Again, there is no physical tag that must be attached to the bird, as long as the person in possession has the required information with the game (in writing). Don't know how much this applies either:
TITLE 50--WILDLIFE AND FISHERIES
CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE
INTERIOR--(Continued)
PART 20--MIGRATORY BIRD HUNTING--Table of Contents
Subpart D--Possession
Sec. 20.40 Gift of migratory game birds.
No person may receive, possess, or give to another, any freshly
killed migratory game birds as a gift, except at the personal abodes of
the donor or donee, unless such birds have a tag attached, signed by the
hunter who took the birds, stating such hunter's address, the total
number and species of birds and the date such birds were taken.
[42 FR 39668, Aug. 5, 1977]
CFR 20.36 Does deal with tagging - but again, the bird itself (despite what the wording sounds like) does not have to have the tag literally attached.
I have been checked by both state and federal (USFW) officers while in the field, as well as when returning to the vehicle. EVERY time, the birds have been carried by just one or two people (never more than one or two limits among us). The officers almost every time ask who shot which birds. Once we were even asked if we were reminded that whoever wound up with the birds needed the info from the other hunter's license.
I praise God that you are not a game warden -
But I will admit that - at least on the surface - and in a VERY nitpicky way, Kerry was in a "grey area" regarding having the guide tote out his goose.
Now, if he gave the goose away to anyone else (guide included), then the person receiving the goose MUST have the above mentioned documentation.
Of course, I have doubts regarding Kerry actually shooting that goose. So the entire argument may actually be moot.
If I get a chance (and if I actually go waterfowl hunting this year), I will try to remember to ask a warden and/or USFW officer about the legalities of birds being carried out of the field by a guide/other person.