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MIGRATORY BIRDS
SUMMARY OF FEDERAL REGULATIONS
The following is a synopsis of Federal Regulations that pertain to the
hunting of migratory game birds. Persons requiring more information
should go to www.ecfr.gov/current/title-50/chapter-I/subchapter-B/
part-20 where they will find a complete version of 50 CFR Part 20.
When State law is different from the following Federal law the hunter
must comply with the most restrictive law.
RESTRICTIONS
No person shall take migratory game birds:
with a trap, snare, net, rifle, pistol, swivel gun, shotgun larger
than 10-gauge, punt gun, battery gun, machine gun, fishhook,
poison, drug, explosive or stupefying substance.
with a shotgun capable of holding more than three shells, unless
it is plugged with a one-piece filler which is incapable of remov-
al without disassembling the gun. This restriction does not apply
during the Conservation Order for Light Geese or those selected
for the control of resident Canada Geese.
from a sink box (a low floating device, having a depression afford-
ing the hunter a means of concealment beneath the surface of
the water).
from or with the aid of a car or other motor-driven land convey-
ance or any aircraft, EXCEPT that paraplegic and single or double
amputees of the legs may take from any stationary motor vehicle
or stationary motor-driven land conveyance. “Paraplegic” means
an individual afflicted with paralysis of the lower half of the body
which involves both legs, usually due to disease of or injury to the
spinal cord.
from or by means of any motor boat or sailboat unless the motor
has been completely shut off and/or the sail furled and its prog-
ress therefrom has ceased.
by the use or aid of live birds as decoys; although not limited to,
it shall be a violation of this paragraph for any person to take mi-
gratory waterfowl on an area where tame or captive live ducks or
geese are present unless such birds are and have been for a pe-
riod of 10 consecutive days prior to such taking, confined within
an enclosure which substantially reduces the audibility of their
calls and totally conceals such birds from the sight of wild migra-
tory waterfowl.
by the aid of baiting, or on or over a baited area where a person
knows or reasonably should know that the area is or has been
baited. IT IS THE RESPONSIBILITY OF HUNTERS TO CHECK HIS/
HER HUNTING AREA FOR BAIT PRIOR TO EACH HUNT. A bait-
ed area is any area on which salt, grain, or other feed has been
placed, exposed, deposited, distributed or scattered, if that salt,
grain, or other feed could serve as a lure or attraction for migra-
tory game birds to, on or over areas where hunters are attempt-
ing to take them. Any such area will remain a baited area for 10
days following the complete removal of all such salt, grain or oth-
er feed. Agricultural areas must be prepared in accordance with
official recommendations to be legally hunted. It is a separate
offense to place bait on or adjacent to an area that causes, in-
duces or allows another to hunt by the aid of bait or over a baited
area. Hunters are responsible for ensuring that an area has not
been baited and should verify its legality prior to hunting. The
maximum federal penalties are: for hunting over bait; $15,000/six
months jail, and placing bait; $100,000/one year jail.
using records or tapes of migratory bird calls or sounds, or elec-
tronically amplified imitations of bird calls. This restriction does
not apply during the Conservation Order for Light Geese or those
selected for the control of resident Canada geese.
by driving, rallying or chasing birds with any motorized convey-
ance or any sailboat to put them in the range of the hunter.
MIGRATORY BIRDS
Birds protected by federal law as a result of treaties signed with oth-
er countries. Protected migratory birds are listed in Title 50 Code of
Federal Regulations, Section. 10.13. This list includes almost all birds
found in the United States with the exception of the house sparrow,
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