Definitions & Terms

What Terms Do I Need to Understand?

Migratory birds are birds protected by federal law as a result of treaties signed with other 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, feral pigeon (commonly called rock dove), European starling, Eurasian collared-dove, mute swan, and upland game birds (which are protected by state laws).

All migratory birds are protected. How­ever, a subset of migratory birds classified as migratory game birds may be hunted in accordance with state and federal regulations. The list of migratory game birds includes species of ducks, geese (including brant), swans, mergansers, doves, rails, coots, gallinules and moorhens, woodcock, and snipe.

Daily bag limit means the maximum number of migratory game birds of a 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 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 in which taking occurs.

Possession limit means the maximum number of migratory game birds of a single species or a combination of species permitted to be possessed by any one person when lawfully taken in the United States in any one specified geographic area for which a possession limit is prescribed.

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 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.

Migratory bird preservation facility means:

1. Any person who, at their residence or place of business and for hire or other consideration; or
2. Any taxidermist, cold-storage facility or locker plant which, for hire or other consideration; or
3. Any hunting club which, in the normal course of operations, receives, possesses, or has in custody any migratory game birds belonging to another person for purposes of picking, cleaning, freezing, processing, storage, or shipment.

Normal agricultural planting, harvesting, or post-harvest manipulation means a planting or harvesting undertaken for the purpose of producing and gathering a crop, or manipulation after such harvest and removal of grain. In Virginia, this also applies to food plots that are planted for the purpose of hunting migratory game birds. Relevant factors include recommended planting dates, proper seed distribution, seed bed preparation, application rate, and seed viability. These practices are to be conducted in accordance with official recommendations of State Extension Specialists of the Cooperative Extension Service of the U.S. Department of Agriculture. For official recommendations visit https://pubs.ext.vt.edu/424/424-100/424-100_pdf.pdf.

• Official recommendations state the guidelines for planting wheat in Virginia are one week before to one week after the first killing frost, October 15–November 15 in eastern Virginia; October 1–November 1 in the Piedmont; October 1–October 25 west of the Blue Ridge. Plant 120–150 lbs. per acre (36 seeds per sq. ft. or 20 seeds per drill ft. in 7" rows). Plant in 6–8" rows or solid seeded.
• Wheat planted or scattered outside of these guidelines does not satisfy the definition of normal agricultural planting. Therefore, it is unlawful to hunt migratory game birds over such areas.

Normal agricultural operation means a normal agricultural planting, harvesting, post-harvest manipulation, or agricultural practice that is conducted in accordance with official recommendations of state Extension Specialists of the Cooperative Extension Service of the U.S. Department of Agriculture.

Normal soil stabilization practice means a planting for agricultural soil erosion control or post-mining land reclamation conducted in accordance with official recommendations of state Extension Specialists of the Cooperative Extension Service of the U.S. Department of Agriculture for agricultural soil erosion control.

Baited area means 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 migratory game birds to, on, or over areas where hunters are attempting to take them. Any such area will remain a baited area for ten days following the complete removal of all such salt, grain, or other feed.

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.

Manipulation means the alteration of natural vegetation or agricultural crops by activities that include but are not limited to mowing, shredding, dicing, rolling, chopping, trampling, flattening, burning, or herbicide treatments. The term manipulation does not include the distributing or scattering of grain, seed, or other feed after removal from or storage on the field where grown.

Natural vegetation means any non-agricultural, native, or naturalized plant species that grows at a site in response to planting or from existing seeds or other propagules. The term natural vegetation does not include planted millet. However, planted millet that grows on its own in subsequent years after the year of planting is considered natural vegetation.