Waterfowl Hunting and Baiting
What is Legal?
You can hunt waterfowl on or over or from the following areas that are not otherwise baited:
- Standing crops or flooded standing crops, including aquatic plants.
- Standing, flooded, or manipulated natural vegetation.
- Flooded harvested croplands.
- Lands or areas where grains have been scattered solely as the result of a normal agricultural planting, harvesting, or post-harvest manipulation.
- Lands or areas where top-sown seeds have been scattered solely as the result of a normal agricultural planting, or a planting for agricultural soil erosion control or post-mining land reclamation.
- A blind or other place of concealment camouflaged with natural vegetation.
- A blind or other place of concealment camouflaged with vegetation from agricultural crops, provided your use of such vegetation does not expose, deposit, distribute or scatter grain or other feed.
- Standing or flooded standing crops where grain is inadvertently scattered solely as the result of hunters entering or leaving the area, placing decoys, or retrieving downed birds. Hunters are cautioned that while conducting these activities, any intentional scattering of grain will create a baited area.
What is Illegal?
Some examples of areas where you cannot hunt waterfowl include:
- Areas where grain or seed has been top-sown and the Cooperative Extension Service does not recommend the practice of top sowing (see section on wildlife food plots).
- Crops that have been harvested outside of the recommended harvest dates established by the Cooperative Extension Service (including any subsequent post-harvest manipulations).
- Unharvested crops that have been trampled by livestock or subjected to other types of manipulations that distribute, scatter, or expose grain.
- Areas where grain is present and stored, such as grain elevators and grain bins.
- Areas where grain is present for the purpose of feeding livestock.
- Freshly planted wildlife food plots that contain exposed grain.
- Croplands where a crop has been harvested and the removed grain is redistributed or “added back” onto the area where grown.
These examples do not represent an all-inclusive list of waterfowl baiting violations. More specific information on the baiting regulations for waterfowl can be found on the following U.S. Fish and Wildlife Service website (https://www.fws.gov/le/waterfowl-hunting-and-baiting.html). See Definitions & Terms for the definition of a Normal Agricultural Operation.
Dove Hunting and Baiting. Baiting regulations for doves, and migratory game birds other than waterfowl and coots, are somewhat different than those for waterfowl and can be found here: https://www.fws.gov/le/dove-hunting-and-baiting.html
It is Unlawful to 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. This restriction does not apply to crows and during dates states have selected under the Light Goose Conservation Order (i.e., greater and lesser snow geese and Ross’s geese);
- From or by means, aid, or use of a sinkbox or any other type of low floating device, having a depression affording the hunter a means of concealment beneath the surface of the water;
- 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 from any stationary motor vehicle or stationary motor-driven land conveyance;
- From or by means of any motorboat or other craft having a motor attached, or any sailboat, unless the motor has been completely shut off and/or the sails furled, and its progress 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 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 use or aid of recorded or electrically amplified bird calls or sounds, or recorded or electrically amplified imitations of bird calls or sounds. This restriction does not apply to crows or during dates states have selected under the Light Goose Conservation Order (i.e., greater and lesser snow geese and Ross’s geese);
- By means or aid of any motor-driven land, water, or air conveyance, or any sailboat used for the purpose of or resulting in the concentrating, driving, rallying, or stirring up of any migratory bird;
- 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.
Sunday Hunting
Hunting is allowed on Sundays except under the following circumstances:
- within 200 yards of a house of worship or any accessory structure thereof.
- to hunt or kill any deer or bear with a gun, firearm, or other weapon with the aid or assistance of dogs.
Note: The General Assembly passed a new law that now allows Sunday hunting on public land for all game species. Many public landowners are taking advantage of this new hunting opportunity and opening their public lands for hunting on Sundays. For details on how public landowners will implement Sunday hunting on their lands please contact the public landowner or visit virginiawildlife.gov/SundayHunting.
Wanton Waste of Migratory Game Birds
No person shall kill or cripple any migratory game bird 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.
Non-toxic Shot
No person may take ducks, geese (including brant), swans, coots, mergansers, gallinules, rails or snipe while possessing shot (either in shotshells or as loose shot for muzzleloading) other than approved non-toxic shot. For a list of approved non-toxic shot, see General Information or www.fws.gov/migratorybirds/CurrentBirdissues/nontoxic.htm.
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 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.
Tagging Requirement
No 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.
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 properly tagged.
Termination of Possession
Subject to all other requirements of this part, the possession of birds taken by any hunter shall be deemed to have ceased when such birds have been delivered by him to another person as a gift; or have been delivered by him to a post office, a common carrier, or a migratory bird preservation facility and consigned for transport by the Postal Service or a common carrier to some person other than the hunter.
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.
Transportation of Birds of Another
No person shall transport migratory game birds belonging to another person unless such birds are properly tagged.
Species Identification Requirement
No person shall transport within the United States any migratory game birds, except doves and band-tailed pigeons, unless the head or one fully feathered wing remains attached to each such bird at all times while being transported from the place where taken until they have arrived at the personal abode of the possessor or a migratory bird preservation facility.
Marking Package or Container
No person shall transport by the Postal Service or a common carrier migratory game birds unless the package or container in which such birds are transported has the name and address of the shipper and the consignee and an accurate statement of the numbers of each species of birds therein contained clearly and conspicuously marked on the outside thereof.
More restrictive regulations may apply to National Wildlife Refuges opened to public hunting. For additional information on refuge specific regulations see www.fws.gov/refuges/.