[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: 50CFR20.21]



[Page 39-41]

 

                    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 C_Taking

 

Sec.  20.21  What hunting methods are illegal?



    Migratory birds on which open seasons are prescribed in this part 

may be taken by any method except those prohibited in this section. No 

persons shall take migratory game birds:

    (a) With a trap, snare, net, rifle, pistol, swivel gun, shotgun 

larger than 10 gauge, punt gun, battery gun, machinegun, fish hook, 

poison, drug, explosive, or stupefying substance;

    (b) 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. However, this restriction does not apply during:

    (1) A light-goose-only season (greater and lesser snow geese and 

Ross' geese) when all other waterfowl and crane hunting seasons, 

excluding falconry, are closed while hunting light geese in Central and 

Mississippi Flyway portions of Alabama, Arkansas, Colorado, Illinois, 

Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, 

Mississippi, Missouri, Montana, Nebraska, New Mexico, North Dakota, 

Ohio, Oklahoma, South Dakota, Tennessee, Texas, Wisconsin, and Wyoming.

    (2) A season only for Canada geese during the period of September 1 

to September 15 when all other waterfowl and crane hunting seasons, 

excluding falconry, are closed in the Atlantic, Central, and Mississippi 

Flyway portions of Alabama, Arkansas, Colorado, Connecticut, Delaware, 

Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, 

Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, 

Missouri, Montana, Nebraska, New Hampshire, New Mexico, New Jersey, New 

York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode 

Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, 

Virginia, West Virginia, Wisconsin, and Wyoming.

    (c) 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;

    (d) 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;

    (e) 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: 

Provided, That a craft under power may be used to retrieve dead or 

crippled birds; however, crippled birds may not be shot from such craft 

under power except in the seaduck area as permitted in subpart K of this 

part;

    (f) 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;

    (g) 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. However, this restriction does not apply during:

    (1) A light-goose-only season (greater and lesser snow geese and 

Ross' geese) when all other waterfowl and crane hunting seasons, 

excluding falconry, are closed while hunting light geese in Central and 

Mississippi Flyway portions of Alabama, Arkansas, Colorado, Illinois, 

Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, 

Mississippi, Missouri, Montana, Nebraska, New Mexico, North Dakota, 

Ohio, Oklahoma, South Dakota, Tennessee, Texas, Wisconsin, and Wyoming.

    (2) A season only for Canada geese during the period of September 1 

to September 15 when all other waterfowl and crane hunting seasons, 

excluding falconry, are closed in the Atlantic, Central, and Mississippi 

Flyway portions of Alabama, Arkansas, Colorado,



[[Page 40]]



Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, 

Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, 

Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New 

Mexico, New Jersey, New York, North Carolina, North Dakota, Ohio, 

Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, 

Tennessee, Texas, Vermont, Virginia, West Virginia, Wisconsin, and 

Wyoming.

    (h) By means or aid of any motordriven 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;

    (i) 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. However, nothing in this paragraph prohibits:

    (1) the taking of any migratory game bird, including waterfowl, 

coots, and cranes, on or over the following lands or areas that are not 

otherwise baited areas--

    (i) Standing crops or flooded standing crops (including aquatics); 

standing, flooded, or manipulated natural vegetation; flooded harvested 

croplands; or lands or areas where seeds or grains have been scattered 

solely as the result of a normal agricultural planting, harvesting, 

post-harvest manipulation or normal soil stabilization practice;

    (ii) From a blind or other place of concealment camouflaged with 

natural vegetation;

    (iii) From a blind or other place of concealment camouflaged with 

vegetation from agricultural crops, as long as such camouflaging does 

not result in the exposing, depositing, distributing or scattering of 

grain or other feed; or

    (iv) Standing or flooded standing agricultural crops where grain is 

inadvertently scattered solely as a result of a hunter entering or 

exiting a hunting area, placing decoys, or retrieving downed birds.

    (2) The taking of any migratory game bird, except waterfowl, coots 

and cranes, on or over lands or areas that are not otherwise baited 

areas, and where grain or other feed has been distributed or scattered 

solely as the result of manipulation of an agricultural crop or other 

feed on the land where grown, or solely as the result of a normal 

agricultural operation.

    (j) While possessing loose shot for muzzle loading or shotshells 

containing other than the following approved shot types.



------------------------------------------------------------------------

                               Percent composition  Field testing device

    Approved shot type *            by weight                **

------------------------------------------------------------------------

bismuth-tin.................  97 bismuth, 3 tin...  HOT*SHOT [reg]. ***

iron (steel)................  iron and carbon.....  Magnet or HOT*SHOT

                                                     [reg].

iron-tungsten...............  any proportion of     Magnet or HOT*SHOT

                               tungsten, =1 iron.

iron-tungsten-nickel........  =1 iron,   Magnet or HOT*SHOT

                               any proportion of     [reg]. **

                               tungsten, up to 40

                               nickel.

tungsten-bronze.............  51.1 tungsten, 44.4   Rare Earth Magnet.

                               copper, 3.9 tin,

                               0.6 iron and 60

                               tungsten, 35.1

                               copper, 3.9 tin, 1

                               iron.

tungsten-iron-copper-nickel.  40-76 tungsten, 10-   HOT*SHOT [reg] or

                               37 iron, 9-16         Rare Earth Magnet.

                               copper, 5-7 nickel.

tungsten-matrix.............  95.9 tungsten, 4.1    HOT*SHOT [reg].

                               polymer.

tungsten-polymer............  95.5 tungsten, 4.5    HOT*SHOT [reg].

                               Nylon 6 or 11.

tungsten-tin-iron...........  any proportions of    Magnet or HOT*SHOT

                               tungsten and tin,     [reg].

                               =1 iron.

tungsten-tin-bismuth........  any proportions of    Rare Earth Magnet.

                               tungsten, tin, and

                               bismuth..

tungsten-tin-iron-nickel....  65 tungsten, 21.8     Magnet.

                               tin, 10.4 iron, 2.8

                               nickel.

------------------------------------------------------------------------

* Coatings of copper, nickel, tin, zinc, zinc chloride, and zinc chrome

  on approved nontoxic shot types also are approved.

** The information in the ``Field Testing Device'' column is strictly

  informational, not regulatory.

*** The ``HOT*SHOT'' field testing device is from Stream Systems of

  Concord, CA.



    (2) Each approved shot type must contain less than 1 percent 

residual lead (see Sec.  20.134).

    (3) This shot type restriction applies to the taking of ducks, geese 

(including brant), swans, coots (Fulica americana), and any other 

species that make up aggregate bag limits with these migratory game 

birds during concurrent



[[Page 41]]



seasons in areas described in Sec.  20.108 as nontoxic shot zones.



[38 FR 22021, Aug. 15, 1973, as amended at 38 FR 22896, Aug. 27, 1973; 

44 FR 2599, Jan. 12, 1979; 45 FR 70275, Oct. 23, 1980; 49 FR 4079, Feb. 

2, 1984; 52 FR 27364, July 21, 1987; 53 FR 24290, June 28, 1988; 60 FR 

64, Jan. 3, 1995; 60 FR 43316, Aug. 18, 1995; 61 FR 42494, Aug. 15, 

1996; 62 FR 43447, Aug. 13, 1997; 64 FR 29804, June 3, 1999; 64 FR 

32780, June 17, 1999; 64 FR 45405, Aug. 19, 1999; 64 FR 71237, Dec. 20, 

1999; 65 FR 53940, Sept. 6, 2000; 66 FR 742, Jan. 4, 2001; 66 FR 32265, 

June 14, 2001; 68 FR 1392, Jan. 10, 2003; 69 FR 48165, Aug. 9, 2004; 70 

FR 49196, Aug. 23, 2005; 71 FR 4297, Jan. 26, 2006; 71 FR 45986, Aug. 

10, 2006]