Overview
Eight different members of the woodpecker family (Picidae) can be found in the Commonwealth of Virginia. One species, the Red-cockaded Woodpecker (Picoides borealis), currently is classified as a federal and state endangered species and occurs only in a few restricted areas in the extreme southeastern part of the state. The other members of the woodpecker family that occur in Virginia include the Downy Woodpecker (Picoides pubescens), the Hairy Woodpecker (Picoides villosus), the Red-headed Woodpecker (Melanerpes erythrocephalus), the Red-bellied Woodpecker (Melanerpes carolinus), the Pileated Woodpecker (Dryocopus pileatus), the Northern Flicker (Colaptes auratus), and the Yellow-bellied Sapsucker (Sphyrapicus varius). All of these birds except the sapsucker are considered to be resident species, which means they do not migrate from Virginia to other distant habitats to over-winter or to engage in breeding activities.
Legal Considerations
In Virginia woodpeckers are a protected non-game species . In addition to state non-game laws woodpeckers are also federally protected under the Migratory Bird Treaty Act. The Virginia Department of Game and Inland Fisheries shares regulation authority over woodpeckers with the United States Fish and Wildlife Service. At no time is it legal to use lethal force on a woodpecker without first obtaining a permit from both the Virginia Department of Game and Inland Fisheries and the U.S. Fish and Wildlife Service.
In Virginia it is illegal to:
- Molest or destroy a woodpecker nest and/or eggs. §29.1-521.
- Trap any woodpecker §29.1-530
- Kill a woodpecker anytime other than during a defined hunting season. §29.1-100,§29.1-513
- Poison any animal (including woodpecker) on your property. 4VAC15-40-50
It is a Federal offense to:
- Possess, sell, deliver, carry, transport, or ship a Red-cockaded woodpecker since it is an endangered species (Endangered Species Act)
- Possess, sell, deliver, carry, transport, or ship any woodpecker or woodpecker part since they are classified as a migratory species. (Migratory Bird Treaty Act)