[Code of Federal Regulations]

[Title 50, Volume 6]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 50CFR20.11]



[Page 36-38]

 

                    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 B_Definitions

 

Sec.  20.11  What terms do I need to understand?





    For the purpose of this part, the following terms shall be 

construed, respectively, to mean and to include:

    (a) Migratory game birds means those migratory birds included in the 

terms of conventions between the United States and any foreign country 

for the protection of migratory birds, for which open seasons are 

prescribed in this part and belong to the following families:

    (1) Anatidae (ducks, geese [including brant] and swans);

    (2) Columbidae (doves and pigeons);

    (3) Gruidae (cranes);

    (4) Rallidae (rails, coots and gallinules); and

    (5) Scolopacidae (woodcock and snipe).

    A list of migratory birds protected by the international conventions 

and the Migratory Bird Treaty Act appears in Sec.  10.13 of this 

subchapter.

    (b) Seasons--(1) Open season means the days on which migratory game 

birds may lawfully be taken. Each period precribed as an open season 

shall be construed to include the first and last days thereof.

    (2) Closed season means the days on which migratory game birds shall 

not be taken.

    (c) Bag limits--(1) Aggregate bag limit means a condition of taking 

in which two or more usually similar species may be bagged (reduced to 

possession) by the hunter in predetermined or unpredetermined quantities 

to satisfy a maximum take limit.



[[Page 37]]



    (2) 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 for which a daily bag limit is prescribed.

    (3) 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.

    (4) 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.

    (5) 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 aggegate 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.

    (d) 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.

    (e) 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.

    (f) Paraplegic means an individual afflicted with paralysis of the 

lower half of the body with involvement of both legs, usually due to 

disease of or injury to the spinal cord.

    (g) 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, that is conducted in accordance with official 

recommendations of State Extension Specialists of the Cooperative 

Extension Service of the U.S. Department of Agriculture.

    (h) 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.

    (i) 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.

    (j) 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.

    (k) Baiting means the direct or indirect placing, exposing, 

depositing, distributing, or scattering of salt, grain,



[[Page 38]]



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.

    (l) Manipulation means the alteration of natural vegetation or 

agricultural crops by activities that include but are not limited to 

mowing, shredding, discing, 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.

    (m) 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.

    (n) Resident Canada geese means Canada geese that nest within the 

lower 48 States in the months of March, April, May, or June, or reside 

within the lower 48 States and the District of Columbia in the months of 

April, May, June, July, or August.



[53 FR 24290, June 28, 1988, as amended at 64 FR 29804, June 3, 1999; 71 

FR 45986, Aug. 10, 2006]