2025 Summary of Federal Migratory Game Bird 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 the U.S. Fish and Wildlife Service website at fws.gov, to find a complete version of 50 CFR Part 20, contact the U.S. Fish and Wildlife Service at 701-250-4418 or 701-255- 0593, or a local national wildlife refuge office.

Migratory birds include all migratory game birds and most birds found in the United States with the exception of the house sparrow, feral pigeon (commonly called rock dove), European starling, Eurasian collared dove, mute swan, and upland game birds, which are protected by state laws. A complete list of protected migratory birds is found in Title 50 Code of Federal Regulations, Section. 10.13.

Daily bag limit means the maximum number of migratory game birds of single species or combination (aggregate) of species permitted to be taken by one person in any one day during the open season in any one specified geographic area (typically a hunting unit or zone) for which a daily bag limit is prescribed.

Aggregate daily bag limit means the maximum number of migratory game birds permitted to be taken by one person in any one day during the open season when such person hunts in more than one specified geographic area and/ or for more than one species for which a combined daily bag limit is prescribed. The aggregate daily bag limit is equal to, but shall not exceed, the largest daily bag limit prescribed for any one species or for any one specified geographic area (typically a second state, Indian reservation, hunting unit or zone within a state) in which taking occurs.

Opening day of a season – No person on the opening day of the season shall possess any freshly killed migratory game birds in excess of the daily bag limit, or aggregate daily bag limit, whichever applies.

Field possession limit – 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/her automobile or principal means of land transportation; or (b) his/her 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.

Aggregate possession limit means the maximum number of migratory game birds of a single species or combination of species taken in the United States permitted to be possessed by any one person when taking and possession occurs in more than one specified geographic area (typically a second state, Indian reservation, hunting unit or zone with a state) for which a possession limit is prescribed. The aggregate possession limit is equal to, but shall not exceed, the largest possession limit prescribed for any one of the species or specified geographic areas in which taking and possession occurs.

Personal abode means one’s principal or ordinary home or dwelling place, as distinguished from one’s temporary or transient place of abode or dwelling such as a hunting club, or any club house, cabin, tent or trailer house used as a hunting club, or any hotel, motel or rooming house used during a hunting, pleasure or business trip.

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, fish hook, poison, drug, explosive, or stupefying substance; with a shotgun of any description capable of holding more than three shells, unless it is plugged with a one-piece filler, incapable of removal without disassembling the gun, so its total capacity does not exceed three shells.
• From or by means, aid, or use of any motor vehicle, motor-driven land conveyance, or aircraft of any kind, except that paraplegics and persons missing one or both legs may take birds from any stationary motor vehicle or stationary motor-driven land conveyance.
• By the use or aid of live birds as decoys; although not limited to, it shall be a violation for any person to take migratory waterfowl on an area where tame or captive live ducks or geese are present unless such birds are and have been for a period 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 migratory waterfowl.
• By the aid of baiting, or on or over any baited area, where a person knows or reasonably should know that the area is or has been baited. Baiting means the direct or indirect placing, exposing, depositing, distributing, or scattering of salt, grain, or other feed that could serve as a lure or attraction for migratory game birds to, on or over any areas where hunters are attempting to take them.