Migratory-bird treaty-act regulations and text of Federal laws relating to game and birds

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Migratory-bird treaty-act regulations and text of Federal laws relating to game and birds
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United States -- Bureau of Biological Survey
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United States Department of Agriculture

BUREAU OF BIOLOGICAL SURVEY

SERVICE AND REGULATORY ANNOUNCEMENTS


MIGRATORY-BIRD TREATY-ACT REGULATIONS AND TEXT
OF FEDERAL LAWS RELATING TO GAME AND BIRDS


CONTENTS
Page
Migratory-bird treaty-act regulations----------------------------------------- 1
Convention between the United States and Great Britain for the protection of migra-
tory birds in the United States and Canada--------------------------------- 7
Migratory-bird treaty act--------------------------------------------------- 10
Lacey Act, regulating interstate commerce in wild animals---------------- ------ 11
Law protecting wild animals and birds and their eggs and Government property on
Federal refuges---------------------------------------------------------- 13
Regulations governing hunting on national forests----------------------------- 13
Fires on the public domain------------------------------------------------- 13
Provisions of tariff act regulating importation of plumage, g;imn. etc------------- 13
Canadian tariff act prohibiting importation of plumag., L.on'-ooi-es. and certain
birds----------------------------------------------------------------- 15
SOfficials from whom copies of game laws may be obtained---------------------- 16


MIGRATORY-BIRD TREATY-ACT REGULATIONS

[As approved and promulgated by the President July 31, 1918, and amended October 25,
1918; July 28, 1919; July 9. 1920; March 3 and May 17, 1921 ; March 8, 1922; April
10 and June 11, 1923; April 11 and July 2, 1924; June 22, 19"2 ; March 8, April 22
and June 18, 1926; April 4 and 21 and September 6, 1927; and March 2, July 13, andi
August 16, 1928]

Regulation 1.-Definitions of Migratory Birds

Migratory birds, included in the termin of the convention between the United
States and Great Brituin for the protection of migratory birds, concluded
August 16, 1916, are as follows:
1. Miurutor!, game bird.-:
(a) Anatidae. or waterfowl, including brant, wild ducks, geese, and swans.
(b) Gruidue, or creines, including little brown, sandhill, and whooping cranes.
(c) Rallidae, or rails, including coots, gallinules, and sora and oth'Ir rails.
(d) Limicolne, or shorebirds, including avocets, curlews, dowitchers, godwits,
knots, oyster catchers, phalaropes, plovers, sandpipers, snipe, stilts, surf birds.
turnstones, willet, woodcock, and yellowlegs.
(e) ColumhidLie, or pigeons, including doves and wild pigeons.
2. Migratory ins.ertivorou.- bird.,: Cuvkoos; flickers and other woodpeckers;
nighthawks or bull-bats and whip-poor-wills; swifts; humminingbirds; flycatch-
ers; bobolinks, meadow larks, and ,riles; grosbeaks; tanagers; martins and
other swallows; waxwings; shrikes; vireos; warblers; pipits; catbirds and
brown thrashers; wrens; brown creep-rs; nuthatches; chickadees and titmice;
kinilets and gnat catchers; robins (ind other thrushes; and all other perching
birds which feed entirely or chiefly on insects.
3. Other minigratory nonigame birds: Auks, auklets, bitterns, fulmars, gannets,
grebes, guillemots, gulls, herons, jaegers, loons. murres, Ixetrels, puffiis, shear-
waters, and terns.
[As amended July 9, 1920.]

1 Summarizeff' frTro--ma-in oyr.eiTm'ng_,'pwn sea.-.n ; on gainmp. licens.., bnq limits, pos-
session, sale. interstate ffon oration.:iB^ provision s relntinz to inrported Lrnirue and
game raised i capt' +y-' m i1fir i Fai-n-rs' Bulletin of the Unitpd States
Department o0| A.griculture on the game laws, -.hich may be had from the department
upon request. -
65820 28


U.S. DEOSIT0' .R','


TI-..ud September, 1928.


8 R. A.-B. S. 70.







BUREAU OF BIOLOGICAL SURVEY


Regulation 2.-Definitions of Terms

For the purposes of these regulations the following terms shall be construed,
respectively, to mean-
S.<(r'tary.-TliThe Secretary of Agriculture of the United States.
Per.on..-The plural or the singular, as the case demands, including indi-
viduals, associations, partnerships., and corporations, unless the context other-
wise requires-.
Take.-The pursuit, -hunting, capture, or killing of migratory birds in the
manner and by the means specifically permitted.
Open sea-son.-The time during which migratory birds may be taken.
Trai.,port.-Shipping, transporting, carrying, exporting, receiving or deliver-
ing for shipment, transportation, carriage, or export.

Regulation 3.-Mleans by Which Migratory Game Birds May be Taken

The migratory game birds specified in regulation 4 hereof may be taken
during the open sea-on with a gun only, not larger than No. 10 gauge, fired
from the shoulder, except as specifically permitted by regulations 7, 8, 9, and 10
hereof; they may be taken during the open season from the land and water,
with the aid of a dog, the use of decoys, and from a blind or floating device;
but nothing herein shall be deemed to permit the use of an airplane, power-
boat, -ailhat. any boat under sail, any floating device towed by powerboat or
sailboat, or any sinkbox (battery), except that sinkboxes (batteries) may be used
in the taking of migratory waterfowl in coastal sounds and baiys (including
Back Bay, Princess Anne County, State of Virginia) and other coastal waters;
and nothing herein shall be deemed to permit the use of an airplane, or a
powerboat, sailboat, or other floating device for the purpoz- of concentrating,
driving, rallying, or stirring up migratory waterfowl.
[As amended July 28, 1919; March 3 and May 17, 1921; April 4, 1127; and March 2,
!3-.S.]

Regulation 4.-Open Seasons on and Possession of Certain Migratory Game
Birds

For the purpose of this regulation, each period of time herein prescribed as
an open season shall be construed to include the first and last days thereof.
Waterfowl (except wood duck, eider ducks, and swans), rails, coot, gal-
linules, woodcock, Wilson snipe or jacksnipe, and mourning doves may be taken
each day from half an hour before sunrise to sunset during the open seasons
prescribed therefore in this regulation by the means and in the numbers per-
mitted by regulations 3 and 5 hereof, respectively, and when so taken may be
possessed any day in any State, Territory, or District during the period con-
stituting the open season where killed and for an additional period of 10 days
next succeeding said open season, but no such bird shall be possessed in a State,
Territory, or District at a time when such State, Territory, or District prohibits
the 1",sses-ion thereof.
Waterfowl (except wood duck, eider ducks, and swans), coot, and Wilson
sioip. or jitcl.snipe.-The open seasons for waterfowl (except wood duck, eider
du(ik-. and swans), coot, and Wilson snipe or jacksnipe shall be as follows:
In Maine. New Haimpshire, Vermont, Massachusetts (except in Nantucket
and Duke- Counties, and Barnstale County south and east of the Cape Cod
Canal), Ohio, Wes.t Virginia, Michigan. Wisconsin, Illinois, Minnesota. Iowa,
Miss.,uri. North Dakota, South D;ik Mont;in:. Nevada, and that portion of Idaho comprising the counties of
Boundary, Bonner, Kootenai. Benew:ih. and Shoshone the open seasoii shall
be fri, September 16 to Dceminber 31;
In NPw York (except Long 1-land) the open season shliall be from September
2t to Jtaninary 7;
In that portion of Massachu(setts known as Nantucket and Dlukes Counties,
and Barnfable County south and east of the Cape Cod Canal, and in Rhode
Isl:ind, C(oi.ni ticut, Pennsylvania, Indiana, Oklahoma, Utah, Idaho (except
in the (countif, of Boundary, Bonner, Kootenni. Benewahli. and Shoshlione),
California. Oregoi. and Waslingtoln the open season shall be from October 1
to January 15;
In tlinat portion of Now York known as Lon-g .Iland, and in New\v Jersey,
I)ela\vwar(. New Mexico, Arizona. that portion of Texas lying west and north of


iS. R. A.







LAWS RELATING TO GAME AND BIRDS


a line beginning on the Rio Grande River directly west of the town of Del Rio,
Texas; thence east to the town of Del Rio; thence easterly following the center
of the main track of the Southern Pacific Railroad through the towns of
Spofford, Uvalde, and Hondo; thence to the point where the Southern Pacific
Railroad crosses the I. & G. N. R. R., at or near San Antonio; thence following
the center of the track of said I. & G. N. R. R. in an easterly direction, to the
point in the city of Austin, where it joins Congress Avenue, near the I. & G. N.
R. R. depot ; thence across said Congress Avenue to the center of the main trI:ck
of the H. & T. C. R. R. where said track joins said Congress Avenue. at or near
the H. & T. C. R. R. depot; thence following the center line of the track of
said H. & T. C. R. R. in an easterly direction through the towns of Elgin,
Giddings. and Brenham, to the point where said railroad crosses the Brazos
River; thence with the center of said Brazos River in a general northerly
direction, to the point on said river where the Beaumont branch of the Santa
Fe Railway crosses the same; thence with the center of the track of the said
G. C. & S. F. R. R., in an easterly direction through the towns of Navasota,
Montgomnery, and Conroe, to the point at or near Cleveland, where said G. C. &
S. F. R. R. crosses the Huston. East and West Texas Railroad; thence with
the center of said H. E. & W. T. R. R. track to the point in said line, where
it strikes the Louisiana line, the open season shall be from October 16 to
January 31; and in that portion of Texas lying south and east of the line
above described the open season shall be from November 1 to January 31;
In MarylAnd, the District of Columbia, Virginia, Kentucky, Tennessee, North
Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Arkansas,
and Louisiana the open season shall be from November 1 to January 31; and
In Alaska the open season shall be from September 1 to December 15.
Rails mnd gallinules (except coot).-The open season for sora and other rails
and gallinules (except coot) shall be from September 1 to November 30, except
as follows:
In Massachusetts the open season shall be from September 16 to December
15: and
In Louisiana the open season shall be from November 1 to January 31.
Greater and lesser yellowlegs.-There shall be a continuous close season on
greater and lesser yellowlegs until August 16, 1929.
Woodcock.-The open seasons for woodcock shall be as follows:
In Maine. New Hampshire, Vermont, and North Dakota the open season shall
be from October 1 to October 31;
In Massachusetts, Rhode Island, andl Connecticut the open season shall be
from October 20 to November 19;
In New York, New Jersey, Pennsylvania, Ohio, Indiana, Michigan, Wiscon-
sin. and Iowa the open season shall be from October 15 to November 14;
In Maryland, the District of Columbia, and Missouri the open season shall
be from November 10 to December 10;
In Delaware, Virginia, West Virginia, Kentucky, Arkansas, and Oklahoma
the open season shall be from November 15 to December 15; and
In North Carolina, South Carolina, Georgia, Alabanma, Mississippi, and Louisi-
ana the open season shall be from December 1 to December 31.
Do'es.-The open seasons for mourning doves shall be as follows:
In Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky,
Ohio, Indiana, Illinois, Minnesota, Nebraska, Kansas, Mkissouri, Arkansas,
Oklahoma. New Mexico, Colorado, Utah, Arizona, California, Nevada, Idaho,
Oregon. that portion of Texas lying west and north of a line beginning on the
Rio Grande River directly west of the town of Del Rio, Texas; thence east to
the town of Del Rio; thence easterly following the center of the main track
of the Southern Pacific Railroad through the towns of Spofford, Uvalde, and
Hondo; thence to the point where the Southern Pacific Railroad crosses the
I. & G. N. R. R., at or near San Antonio; thence following the center of the
track of said I. & G. N. R. R. in an easterly direction, to the point in the city
of Austin, where it joins Con,-ress Avenue, near the I. & G. N. R. R. depot;
thence across said Congress Avenue to the center of the main track of the
H. & T. C. R. R. where said track joins said Congress Avenue, at or near the
H. & T. C. R. R. depot; thence following the center line of the track of said
H. & T. C. R. R. in an easterly direction through the towns of Elgin. Gid-
dings, and Brenhamni, to the point where said railroad crosses the Brazos
River; thence with the center of said Brazos River in a general northerly
direction, to the point on said river where the Beaumont bri,:ich of the Santa


B. S. 70]






BUREAU OF BIOLOGICAL SURVEY


Fe Railwvay crosses the same; thence with the center of the track of the said
G. C. & S. F. R. R., in an easterly direction through the towns of Navasota,
Mon,,tgomery, and Conroe, to the point at or near Cleveland, where said
G. C. & S. F. R. R. crosses the Houston, East and West Texas Railroad; thence
with the center of said H. E. & W. T. R. R. track to the point in said line,
where it strikes the Louisiana line. the open season shall be from September 1
to DIfrcmvr 15; and in that portion of Texas lying south and east of the line
above described the open season shall be from November 1 to December 31;
In South Carolina, Florida, Alabama, Mississippi, and Louisiana the open
season s-iiall be from Selptemher 1 to September 30 and from November 20 to
January 31; and
In Georgia the open season shall be from October 16 to January 31.
[As amended October 25, 1918; July 28, 1919; July 9, 1920; May 17, 1921; March 8,
1922; June 11, 192': ; April 11 and July 2, 1924; June 22. 1925; March 8, April 22. and
June 18, 1926; April 4 and 21 and September 6, 1927; and March 2, July 13, and August
16, 1928.]
Regulation 5.-Bag Limits on Certain Migratory Game Birds
A person may take in any one day during the open seasons prescribed there-
for in regulation 4 not to exceed the following numbers of migratory game
birds, which numbers shall include all birds taken by any other person who
for hire accompanies or assists him in taking migratory birds:
Ducks (except wood duck and cider ducks) .-Twenty-five in the aggregate
of all kinds.
Geese.-Eight in the aggregate of all kinds.
Brant.-Eight.
Rails and gallinules (except sora and coot).-Twenty-five in the aggregate
of all kinds, but not more than 15 of any one species.
Sora.-Twenty-five.
Coot.-Twenty-five.
WiVsou .x.ip(r or jack.niipe.--Twenty.
Woodcock.-Four.
Doves (mourning).-Twenty-five.
[As amended October 25, 1918; July 28, 1919; March 3, 1921; March 8, 1926; and
April 4, 1927.]
Regulation 6.-Shipment, Transportation, and Possession of Certain Migratory
Game Birds
Waterfowl (except wood duck, eider ducks, and swans), rails, coot, gal-
linules, woodcock. Wilson snipe or jacksnipe, and mourning doves and parts
thereof legally taken miay be transported in or out of the State where taken
during the i ,,pective open seasons in that State, and may be imported from
Canada during the open -eason in the Province where taken, in any manner,
but not more than the number thereof that may be taken in two days by one
person under these regulations shall be transported by one person in one
calendar week out of the State where taken; any such migratory game birds
or parts thereof in transit during the open season may continue in transit
such additional time immediately snoceeding such open seas,,on, not to exceed
5 days, ,ee( '--ary to deliver the same to their desti nation, and may be possessed
in any State, Territor,.y or D)islrict during the period constituting the open
sia-.,n where killed, and for an addlitiomnal period of 10 days next succeeding
said open 4-eison: and any package in which migratory game birds or parts
tbire(of are transported shliall have the name and address of the shipper and
of the (co. i.nee alnd an accurate stat.inent of the numbers and kinds of
birds contained therein clearly and conspicuously marked on the outside
thereof; but no such birdils shall be transported frrin any State, Territory,
or District to or through another State, Territory, or District or to or through
a Province of the D)ominion of Canada contrary to the laws of the State,
Territory, or D)islrict, or Province of the D)ominion of Canada in which they
wNeri. taken or from which they are tran sported; nor shall any suchl bir(ls
be transpIorted into any State, Territory, or Disltrict from another State. Terri-
tory,. or D)istrict, or from any Slate, Territory, or D)istrict into any Province
of the lI )Dominiion of (C'nad(la at a lime when such State, Territory, or District,
or Province of the IDominion of Can;ada prohibits the possession or transport-
ing thereof.
[As niiii-rdld October 25., 1918 ; July 9, 1921 ; March 8, 1926 ; and April 4, 1927.]


[S. R. A.







LAWS RELATING TO GAME AND BIRDS


Regulation 7.-Taking of Certain Migratory Nongame Birds by Eskimos and
Indians in Alaska

In Ablaska Eskimos and Indians m:iy take for the use of them-elves ;ind
their immediate families, in any manner and at any time, and p,.- ess and
transport auks, anklets, guillenm ,ts, mirrr's, andd plllii-,s and their .. for
food and their skin-; for clothing.

Regulation 8.-Permits to Propagate and Sell Migratory Waterfowl

1. A person may take in any manner and at any time miiratory water-
fowl and their c-gg for proplagating purposes when authorized by a permit
issued by the Secretary. Waterfowl and their eggs so taken may be porKessd
by the permitted and may be sold and tranip,,rted by him for prol';i-ating
purposes to any person holding a permit issued by the Secr..ary in accordance
with the provisions of this regulation.
2. A person authorized by a permit issued by the Secretary may possess,
buy, sell, and transport migratory waterfowl and their increase and e.s in
any manner and at any time for propl)aatinIg purposes; and illigr-tory water-
fowl, except the birds taken under paragraph 1 of this regulation, s- po-ses-ed
may be killed by him at any time, in any manner, except that they may be
killed by shooting only during the open season for waterfowl in the State
where killed, and the carcasses, with heads and feet attached thereto, of the
birds so killed may bQ sold and transported by him in any manner and at
any time to any person for actual consumption, or to the keeper of a hotel,
restaurant, or boarding house, retail dealer in meat or came, or a club, for
sale or service to their patrons, who may pousess such carca-ses for actual
co'nsumniption without a permit, but no migratory waterfowl killed by shooting
shall be bought or sold unless each bird before attaining the age of four
weeks shall have had removed from the web of one foot a portion thereof in
the form of a V large enough to make a permanent, well-defined mark, which
shall be sufficient to identify it as a bird raised in dinme:tic:ttion under a permit.
3. Any package in which such waterfowl or parts thereof or their eggs
are transported shliall have plainly and conspicuously marked on the outside
thereof the name and address of the permitted, the number of his permiit,
the name and address of the consign.,, and an accurate statement of the
number and kinds of birds or eggs cont:iined therein.
4. Applications for permits must be addressed to the Secretary of Agriculture,
Washin'tton. D. C., and must contain the following information: Name and
address of applicant ; place where the business is to be carried on; number of
acres of land u.-ed in the business and whether owned or lea-ed by the appli-
cant; number of each species of waterfowl in pn--e--ion of applicant; names of
species and number of birds or eggs of each species if permission is aked to
take waterfowl or their eggs; and the particular locality where it is desired to
take such waterfowl or eggs.
5. A person granted a permit under this regulation shall keep books and
records which shall correctly set forth the total number of each species of water-
fowl and their eggs po-ses:-ed on the date of application for the permit and on
the 1st day of each January next following; also for each calendar year during
the life of the permit the total numnier of each species reared and killed,
number of each species and their eggs sold and transported, manner in which
such waterfowl and eggs were transported, naiuie and addre-s of each person
frnm or to whom waterfowl and egzs were purchased or sold, together with the
number and species and whether sold alive or dead: and the date of each trans-
action. A r'lp4rt setting forth this information shall be annu;illy furnished the
Secretary during the month of January for the preceding calendar year.
6. A penrmittee shall at all reasonable hours allow any authorized employee
of the United States Department of A.riculture to enter and in4sptct the
1)r'minses where operations are being carried on under this regulation and to
inspect the books and records of such p*,rmittte relating thereto.
7. A permit issued under this regulation shall be valid until revoked by the
Secretary unless otherwise specified therein, shall not be tran-f,.rable, and may
be revoked by the Secretary, if the perimittee violates any of the provisions of
the migratory bird treaty act or of the regulations thereunder. A permit duly
revoked by the Secretory it was issued, on demand of any employee of the United States Departmevnt


B. S. 70]







BUREAU OF BIOLOGICAL SURVEY


of Agriculture duly authorized to enforce the provisions of the migratory bird
treaty act.
8. A perstin may possess and transport for his own use, without a permit,
live migratory waterfowl now lawfully possessed or hereafter lawfully acquired
by him, but he may not purchase or sell such waterfowl without a permit. A
State or municipal game farm or city park may possess, purchase, sell, and
transport live migratory waterfowl without a permit, but no such waterfowl
shall be purchased from or sold to a person (other than such State or municipal
game farm or city park) unless he has a permit. The feathers of wild ducks
and wild geese lawfully killed and fe;althers of such birds seized and condemned
by Federal or State game authorities may be possessed, bought, sold, and
transported, for use in making fishing flies, bed pillows, and mattresses, and
for similar commercial purposes, but not for millinery or ornamental purposes.
[As amended October 25, 1918; July 9, 1920; and April 10 and June 11, 1923.]

Regulation 9.-Permits to Collect Migratory Birds for Scientific Purposes

A person may take in any manner and at any time migratory birds and
their nests and eggs for scientific purposes when authorized by a permit
issued by the Secretary, which permit shall be carried on his person when he
is collecting specimens thereunder and shall be exhibited to any person request-
ing to see the same.
Application for a permit must be addressed to the Secretary of Agriculture,
Washington, D. C., and must contain the following information: Name and
address of applicant, his age, and name of State, Territory, or District in
which specimens are proposed to be taken, and the purpose for which they
are intended. Each application shall be accompanied by certificates from two
well-known ornithologists that the applicant is a fit person to be intrusted with
a permit.
The permit may limit the number and species of birds, birds' nests, or eggs
that may be collected thereunder, and may authorize the holder thereof to
possess, buy, sell, exchange, and transport in any manner and at any time
migratory birds, parts thereof, and their nests and eggs for scientific purposes;
or it may limit the holder to one or more of these privileges. Public museums,
zoological parks and societies, and public, scientific, and educational institu-
tions may possess, buy, sell, exchange, and transport in any manner and at
any time migratory birds and parts thereof and their nests and eggs for
scientific purposes without a permit, but no specimens shall be taken without
a permit. The plumage and skins of migratory game birds legally taken may
be possessed and transported by a person without a permit.
A taxidermist, when authorized by a permit issued by the Secretary, may
possess, buy, sell, exchange, and transport in any manner and at any time
migratory birds and parts thereof legally taken, or he may be limited to one
or mi i re of these privileges.
Eachli permit shall be valid until revoked by the Secretary unless otherwise
specified therein, shall not be transferable, and shall be revocable at the dis-
cretion of the Secretary. A permit duly revoked by the Secretary shall be
surrendered to him by the person to whom it was issued, on demand of any
employee of the United States Department of Agriculture duly authorized
to enforce the provisions of the migratory bird treaty act. A person holding
a permit shall report annually to the Secretary on or before the 10th day of
January during the life of the permit the number of skins, nests, or eggs of
each species collected, bought, sold, exchanged, or transported during the
preceding cal'.ndar year.
Every package in which migratory birds or their nests or eggs are trans-
ported slhall have clearly and conspicuously marked on the outside thereof the
name and address of the send(ler, the number of the permit in every case
when a permit is required, the jinime and address of the consignee, a state-
ment that it coiitains .specimens of birds, their nests, or eggs for scientific
purpo-,s. and, whenever such a package, is transported or offered for trains-
portation fr:,'in the Dominion of Cinmlda into the United States or from the
United States into the Dominion of Canada, an accurate statement of the
contents.
[As awended October 25, 1918; March 3, 1921; and June 11, 1923.1


[S. R. A.






LAWS RELATING TO GAME AND BIRDS


Regulation 10.-Permits to Kill Migratory Birds Injurious to Property

When information is furnished the Secretary that any species of migratory
bird has become, under extraordinary conditions, seriously injurious to agricul-
ture or other interests in any partirulhr community, an investigation will be
made to determine the nature and extent of the injury, whether the birds
alleged to be doing the damage should be killed, and, if so. during what timi-s
11d0 by what mn,,ans. Upon his determination an appropriate order will be
made.

Regulation 11.-State Laws for the Protection of Migratory Birds

Nothing in th(..e regulations shall be con-tri' id to permit the taking, posses-
sion, sale, purchase, or transpp(rt tion of migratory bird-, their nests, and eggs
contrary to the laws and regulations of any State, or Trritory, or District
made for the purpose of Ziving further protection to migiratory birds, their
nests. ;nd eggs- when such laws and regulations are not inciinsnistent with the
convention betw'eeni the United States and Great BritainT for the protection of
migratory birds concluded Auenst 16, 1916, or the minrratory bird treaty act
and do not extend the open seasons for such birds beyond the dates prescribedil
by these regulations.
[Added by proclamation of October 25, 1918, as amended July 9, 1920.]
I


CONVENTION BETWEEN THE UNITED STATES AND GREAT BRITAIN
FOR THE PROTECTION OF MIGRATORY BIRDS IN THE UNITED
STATES AND CANA DA2
[39 Stat. 1702]
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

Whereas a convention between the United States of America and the United
Kingdom of Great Britain and Ireland for the protection of miirattory birds
in the United States and Canid:a was conclud-d and signed by their ru-spc:tive
plenipotentiaries at Wasbhigt-n on the 16th day of August, 1916, the originaI
of which convention is word for word as follows:
Wherea-s many species of birds in the course of their annual migrations
traverse certain parts of the United States and the Dominion of Canada : and
Whereas many of these species are of gre-at value as a source of food or
in destroying insects which are injurious to forests and forage plants on the
public domain, as well as to agricultural crops, in both the( United States
and Canada, but are nevertheless in danger of extermination through lack of
adequate protection during the nesting season or while on their way to and
from their breedinz- grounds;
The United States of America and His Majesty the King of the United
Kingdom (of Great Britain and Ireland and of the British Dominions beyond
the Seas, Emperor of India, being desirous of saving from indiscriminate
sliuuhter and of insuring the preservation of such migratory bir-ls as are
either useful to man or harmless, have resolved to adopt some uniform sy-ttin
of protection which shall effectively acomplish such objects and to the end
of concluding a convention for this purpose have appointed as their respective
plenipotentiaries:
The President of the United States of America, Robert Lansing, Secretary
of State of thi United States; ind
His Britannic Ma-jesty, ht, Rirht HIen. Sir Cecil Arthur Spring Rice, G. C.
V. 0., K. C. M. G., etc.. His Majesty's ambassador extraordinary and pleni-
potentiary at Washington;
Who. af;er having, communicated to each other their respective full powers.
which wer found to be in due and proper form, have wiireed to and a'lopted
the following articles:

2Siined at W;ishinqton, At;'. 16. 1916; ratification advised by the Senate Aug. 29, rati-
fied by thp Pre,,ir,.nt Sept. 1, and by Great Britain Oct. 20; ratifications exchanged Dec.
7; proclaimed Dec. 8, 1916.


B. S. 70]






BUREAU OF BIOLOGICAL SURVEY


Article I
The high contracting pol)wers declare that the migratory birds included in the
term, of this c ,nventi, n shall lie as follows:
1. Migratory .amie birds:
(a) Anzatidae or war, rftowl, i"cludins brant, wild ducks, -ese, and swans.
(b) Gruidae or cranes, including little brown, sandhill, and whooqing cranes.
(c) Raillidae or rails, including coots, gallinules and stra ;ind other rails.
(d) Liiii.ula. or sliorebirds, include ing avocets, curlew, dowitchers, 'dwits,
knots, oy-lor catchers, ilialhiropes, plovers. s:tiiidpipers. snipe, stilts. surf birds,
turnstones, willet, wl idcock. and yellowles.:
(e) Counhbidat, or ,i.-eois, including doves and wild pigeons.
2. Migratory inse.tiv orous birds: Bobolinks. catlbird,. chickadees, cuckoos,
flickers, flycatchers, grisbealk'. nummiig birds, kinglet martins, meadowlarks,
nizrhthawks or bull-bat-, nut-hatches, orioles, robins, shrikes, swall,,ws, s.wifts.
tana-t'rs. titmi.ce, thrushes, vireos, warblers, wax-wings, whippoorwills, w(iod-
peckers, and wrens, and all other perching birds which feed entirely or chiefly
on insects.
3. Other migratory ninai-ame birds: Auks, auklets, bitterns, fulmars, gannets,
grebes, guilleminots, gulls, herons, jaegers, loons, murres, petrels, puffins, sli ar-
waters, and terns.
Article II
The high contracting powers agree that. as an effective means of preserving
migratory birds, there shall be established the follow wing close seasons during
which no hunting shall be done except for scientific or propagating purposes
tnder permits issued by proper authorities.
1. The close season on migratory game birds shall be between March 10 and
September 1, except that the close season on the Limicolae or shorebirds in the
Maritime Provinces of Canada and in those States of the United States border-
ing on the Atlantic Ocean which are situated wholly or in part north of Che-a-
lweake Bay shall be between February 1 and August 15. and that Indians miay
take at any time scoters for food but not for sale. The season for hunting
shall be further restricted to such period not exceeding three and one-half
months as the high c(uotracting powers may severally deem appropriate and
define by law or regulation.
2. The cl,,ose season on migratory insectivorous birds shall continue through-
out the year.
3. The clse season on other migratory nonuiame birds shall continue through-
out the year, except that Eskimos and Indians may take at any season auks,
auklets, guillemnots, murres, and puffins, and their ,<-gS. for food and their skins
for clothing, but the birds and eggs so taken shall not be sold or offered for sale.

Article III
The high contracting powers agree that during the period of 10 years next
following the going into effect of this convention there shall be a continuous
close .-eason on the following migratory game birds, to wit:
Band-tailed pigeons, little brown, sandhill, and whooping cranes, swans, cur-
lew, and all shorebirds (except the black-breasted and golden plover, Wilson or
jack snipe, woodcock, and the greater and lesser yellowlegs) ; provided that
during such 10 years the close seasons on cranes, swans, and curlew in the
Province of British Columbia shall be made by the pro,,per authorities of that
Province within the general dates and limitations elsewhere prescribed in this
convention for the respective groups to which these birds belong.

Article IV
The lii'-rh contracting powers a.ree lhi:t special protection shall be given the
\v(ood (duk and the eidor duck either (1) by a close season extending over a
period of at li,:-;t 5 y(-:irs, or (2) by the eslabli.lhment of refuges, or (3) by
such oth,'r regulations as may be deemed appropriate.

Article V
The t;'kinir of iw,-tI or eggs of migratory game or Insectivorous or nongame
birils h.I:iill be prohil'ited, except for scienttific or prn pag:tting purposess under


[S. R. A.







LAWS RELATING TO GAME AND BIRDS


such laws or regulations as the high contracting powers m:y severally deem
approp ri te.
Article VI

The high (cntracting powers a.rec fliat the shilinitiit or export of migratory
birds or their eggs. frmin any St;ite or Provinc. lhi:-Iiig the conti1uan',', of the
close season in such State or Province, shill be prohibited except for siiritifi,!
or prolpg;ting purpo-TIs. and the international traffic in any birds or ,-'
at such timni captured, killed, taken, or shipped at any time (. laws of the State or Province in which the s;-me were captured, killed, taken.
or shipped shall be likewise prohibited. Every inCk;tw containing migratory
birds or any parts thereof or any eggs of miigratory birds trrt n.ported, or
offered for tran-sportition from the United States into the Dominion of Canada
or from the Dominion of Canad:t into the United States. shall have the name
and address of the shipper and an accurate statement of the contents clearly
marked on the outside of such package.

Article VII

Permits to kill any of the above-n;tmed birds, which under extraordinary
conditions may become seriously injurious to the agricultural or other interests
in any particular community, may be issued by the proper authorities of the
high contraetinwr powers under suitable reg-ulations prescribed therefore by
them. rtespei(.-tively, but such permits shall lapse or may be canceled at any
time when, in the opinion of said authorities, the particular exigency has
passed, and no birds killed under this article shall be hippedd, sIld. or offered
for sale.
Article VIII

The high contracting powers agree themselves to take. or propose to their
respective approliria.te law-minkin- bodies, the nee.ess.iry measures for insuring
the execution of the pre-ent convention.

Article IX

The present convention shall be ratified by the President of the United States
of America. by and with the advice and consent of the Senate thereof, and by
His Britanni, Majesty. The ratifications shall be exchanged at Washington as
soon as possible, and the convention shall take effect on the date of the exchlange
of the ratific.-itions. It shall remain in force for 15 years, and in the event of
neither of the high contracting powers having given notification 12 months
before the exl;iration of said period of 15 ye:irs of its intention of terminating
its operation: the convention shall continue to remain in force for 1 year and so
(on from year to year.
In faith whereof, the respective plenipotentiaries have signed the present con-
vention in duplicate and have hereunto affixed their -eals.
Done at Washington this 16th day of August, 1916.
[SEAL.] ROBERT LANSIN-G.
[SEAL.] CECIL SPRING RICE.
And whereas the said convention has been duly ratified on both parts, and
the ratifica-ttions of the two Governniment were exchanged in the city of Wash-
inton on the 7th day of December, 1916:
Now. therefore, lie it known that I. WooiDw WILSON, President of the United
States of America, have c,-iused the said convention to 1,e made public, to the
end that the sa.ne and every article and c1;iu-e thereof may be oliserved and
fulfilled with good faith by the United States and the citiz,-s thereof.
In testihniiry whereof I have( hereunto set my band and can-ed the seal of
1he United States to be affixed.
Don'- at the city of Washi "on this 8th day of December in the year of our
Lord 1916. and of the iidepeiieiice of the United States of Anerica the 141st.
[SEAL.] WtODR, W WI LSON.
By the Pre-identt:
ROBERT LANSING,
Scccret'ry of Stafe.


B. S. 70]







10


BUEAITJ OF BIOLOGICAL SURVEY


LS. R. A.


MIGRATORY BIRD TREATY ACT3

[Act of July 3, 1918. 40 Stat. 755-Secs. 703-711, Title 16, U. S. C,,d,]
An Act To give effect to the convention between the United States and Great Britain for
the protection of migratory bird, coni1,i-icd at Washington, August 16, 1916, and for
other purposes.

Be it enacted by the Senate and House of Representatitcres of the United
States of Anictri'o in Congress a(.scmnibl d, That this act shall be known by the
short title of the Migratory Bird Treaty Act."
SEC. 2. Tlhat unless and except as permitted by regulations made as herein-
after provided, it shall be unlawful to hunt, take. capture, kill, attempt to take,
capture or kill, posses-. offer for sale, sell, offer to purchase, purchase, deliver
for :-1,lnuent. ship, cause to be shipped, d' liver for transportation, transport,
cau-e to be transported, carry or cause to be carried by any means whatever,
receive for shipment, transportation or carriage, or export, at any time or in
any manniier, any mi:i-ritory bird, included in the terms of the cinventionl betvwe,-n
the United States and Great Britain for the protection of migratory birds con-
cluded August 16, 1916, or any part, nest, or <'g of any such bird.
SEC. 3. That, subject to the provisions and in order to carry out the purposes
of the convention, the Secretary of Agriculture is authorized and directed, from
time to time, having due re.a-;rd to the zones of temperature and to the dlitri-
bution, abundance, economic value, breeding habits, and timn- and lint.- of miira-
tory flight of such birds, to determine when, to what extent, if at all, and by
what means, it is compatible with the ternim of the convention to allow hurting.
taking, capture, killing, possession, sale, purchase, shipment, transportation,
carriage, or export of any such bird, or any part, nest, or eg- thereof, and to
adlpt suitable regulations permitting and governing the same, in at.cordance
with such determinations, which regulations shall become effect'li- when
approved by the President.
SEC. 4. That it shall be unlawful to ship, transport, or carry, by any inei)ns
whatever, from one State. Territory, or District to or through another State,
Territory, or District, or to or through a foreign country, any bird, or any part,
nest, or egg thereof, captured, killed, taken, shipped, transported, or carried at
any time contrary to the laws of the State, Territory, or District in which it
was captured, killed, or taken, or from which it was shipped, transported, or
carried. It shall be unlawful to import any bird, or any part, nest, or eg
thereof, captured, killed, taken, shipped, transported, or carried contrary to
the laws of any Province of the Dominion of Canada in which the samn, was
captured, killed, or taken, or from which it va.,s shipped, transport 1. or carried.
SEc. 5. That any employee of the Department of Agriculture authoriz,-' by
the Secretary of Agriculture to enforce the provisions o)f this act shall have
powi.r, without warrant, to arres-t any person committing a violation of tils act
in his pre.ersce or view and to take such person immediately for exami;flj.ition
or trial before an officer or court of competent jurisdiction: shall h!ve pv)wcr
to exe'ute any warrant or other process issued by an officer or court of com-
petent jurisdiction for the enforcement of the provisions of this act:; and Thall
hlive authority, with a search warrant, to search any place. The several judges
of the cnurts established under the laws of the United States, and United
States commissioners may, within their respective jurisdictions, upon proper
oath or affirmation showing probable cause, issue warrants in all suich cases.
All birds, or parts, nests, or e-rs thereof, captured, killed, taken, -lipl)ped.
tranlported, carried, or potsesesd contrary to the provisions of this :act or of
any regulations made pursuant there' o, shall, when found, be -eized by any
such employee, or by any ma rslial or dol,'uty marshal, and, upon conviction of
the offender or upon judgninent of a court t of the United States thlt the ;ame
W,.re captured, killed, taken, shippi-d, tr:' n.uspir'T'il, carried, or posspe.sd ein-
trary to the provisions of this act or of ;any re'nila tion made pursuant thereto,

3 Const itutionality of the treaty and act of July 3, 1918. sustained by the T'niled .stnt,,s
Siipre i'm- Court in a dliin reiindered( Apr. 19. f1.' ', in the case of the State of Missouri
r. R:iv P. Holland C-12 U. s. 416) : ste :ilso 1. S. S .Lunirplin ( n.' Jed. 5** ). *iinail:.
by an act of l'arliamrent approved Ai t'. 29. 1917. gave full effect to the treaty and pro-
ruil-.atPd relations there(,under May 11, 1918. T'lie validity of the act of the Dominion
'Parliament was uphld iI y the Sbt:upreml ('iourt ''f 'rinwe IP:,,.rd Island in a d1'... ii',t
(Michaelmas ti rr. 1._-'i) rendered in the case of the King v. Russell C. Clark. For full
text of the iiidini iiii'raftorvv-bird treaty act ariId -.2ilalion, cotlTunu icate with the
Coiimmissioir, National Parks of Canada, Ottawa, Ontario.







B.S. 70] LAWS RELATING TO GAME AND BIRDS 11

shall be forfited to the United States and disposed of as directed by the
court having juri-i action.
SEC. 6. That any per-on, <.-io<:.ation, partnership, or corporation who shall
violate any of the provisions of sa.il covi, iti oi ,ir of this act, or who :hall
violate or fAil to comply wi:!i any r'-,ulation nji;id, p1ur-iuiit to this act, shall
be deemed ,-lilty of misdir iiinor and upon conviction ther,-of shall be filled
not more tl.'n s-.51-1 or be impri,,i-ned not more tlit;in six months, or both.
SEC. 7. That nothing in this act shall be co,,-Irued to prevent The -,*veral
States and Territorit. frmni making or enforcingL laws or re-ulations not in-
consistent with tlhe provision: of :salid convention or of this act, or from
linking or enforcing laws or regulations wli,:li shall give furflier protection to
migratory bird-, tla-ir nests, an' egs. if such laws or regulations do not
ex'vnd the o'p;i -(.:t-,ins for -.ic1 birds beyond the dates appr,,'ve-d by the
President in accordance with section three of this act.
SEc. 8. That until the adoption and approvnal. pui-u, nt to section 3 of this
act. 1-f regulati,,'n- dallinz with minrntory b1irl- and their nests and eggs. such
migratory birds and their in.-ts and .-'r: as are intend,-l and isd exclusively
for scientific or priuaatinL purposes may be taken, caplurt-d, killed, posst'.-ed,
so1ld. purcha-ed, shipped, and transported for such -.rie tifinc or pr,,pauating
purposes if and to the extent not in conflict with the laws of the State, Terri-
tory, or District in which they are taken. capturt.d. killed, possessed, sold. or
purchased, or in or fro in which they are shiplwd or tran.-ported if the p;;ckalaes
containing the dead bodim-, or the nests or eggs of such birds when shipped and
transported shall i- niarked on the outside thereof so as accurately and clearly
to show the name t.,d address of the shipper and the contents of the pac'ka-'e.
SEC. 9. That. the un.expended balances of any sums appropriated by the agri-
cultural aplpril-iriation acts for the fi-e.l years 1917 and 1918, for enfire-ing
the provisions of the act approved March 4, 1913, relating to the protection of
migratory game and insectivorous birds, are hereby reappropriated and made
av:Ailable until expanded for the expeI:-es of carryin-: into effect the provisions
of this act and re_..lations made pur-uant thereto, includir.g the payment of
such rent, and the employment of such persois and means, as the Se-retary of
Agriculture may deem nec,'sary, in the District of Columbia and elsewhere.
cooperation with local authorities in the protection of mi-ratory birds, and
necessary invest Lra tions- connected therewith: Pro rided, That no lxprson wo10
is subject to the draft for service in the Army or Navy shall be -xein'ited or
excused from such service by rens,-,rn of his employment under this ac(t.
SEC. 10. That if any clause, sentence, paragraph, or pirt of this act shall, for
any reason, be adjudCdru by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair, or invalidate the remainder thr'n-f, but
shall be confined in its operation to the clause, sentence, paragraph. or part
thereof directly involved in the controversy in which such judgment shall have
been rendered.
SEc. 11. That all acts or parts of acts inconsistent with the provisions of this
act. are hereby repealed.
SEC. 12. Nothing in this act shall be construed to prevent the breeding of
migratory game birds on farms and pri'-,1rves and the sale of birds so bred und'-r
proper regulations for the purpose of increasing the food supply.
SEC. 13. That this act shall bec,,omi effective immediately upli,, its Ipn-sj-e
and approval.

LACEY ACT, REGULATING INTERSTATE COMMERCE IN WILD
ANIMALS 4
Federal laws affecting the shipment of wild animals comprise statutes regu-
lating interstate commerce by common carrier in tlo- dead bodies or parts
thereof, and the importation of live birds and inaninials frmi foreign countries.
as follows:
[Criminal Code and Criminal Procedure, Title 18, UT. S. Code]

SEC. 91. The importation into the United Statls, or any Territory or District
thereof, of the mongoose, the so-called flying foxes." or fruit lits, the 1C.nzlish

4 For sees. 2, 3. and 4 of the act of Maiy 11. (1OO-31 Stat. 1S7-188-which was super-
seded by sees. 241-244 of the act of Mnirch 4. 1909-35 Stat. 11:'7-see sees. 391-21'4 of
title 18, U. S. Code: for see. 5 of the act of May 25, 1900, see sec. 395 of title 18; and
for sec. 1, see sec. 701 of title 16.







12 BUREAU OF BIOLOGICAL SURVEY [S. R. A.

sparrow, the starling, and such other birds and animals- as the Secretary of
Agriculture mnzy fr',i time to time declare to be injurious to the interests of
agriculture or horticulture, is hereby prohibited; and all such birds and ani-
mals, ,shall. upln arrival at any port of the United States, be destroyed or
r.turiitld at the expense of the owner. No person shall import into the United
States or into any Territory or District 1heretf any foreign wild animal or bird,
except under special permiit from the Secretary of Agriculture: Provided, That
nothin.- in this section shall restrict the importation of natural-history speci-
mens for munseunms or scientific collections, or of certain cage birds, such as
domnesticat ed canaries, parrots, or such other birdl-; as the Secretary of Agri-
culture m:ity desiginte. The Secretary of the Treasury is hereby authorized to
make regulations for carrying into effect the provisions of this section.5 (Sec.
241, act of March 4, 1909-35 Stat. 1137.)
SEc. 392. It shall be unlawful for any person to deliver to any common
carrier for transportation, or for any c(lmnionl carrier to transport from any
State, Territory, or Diktrict of the United Stahlts to any other State, Territory,
or District thereof, any foreihni anim;)ls or birds the importation of which
is proliilited, or the dead bodies or parts thereof of any wild animals or birds,"
where such animnials or birds have been killed or shipped in violation of the laws
of the State, Territory, or District in which the same were killed, or from
which they were shipped: Prorid(d. That nothing herein shall prevent the
transportation of any dead birds or animals killed during the season when the
saime may be lawfully captured, and the export of which is not prohibited
by law in the State, Territory, or District in which the same are captured or
killed. (Sec. 242, act of March 4, 1909-35 Stat. 1137.)
SEC. 393. All packages containing the lead bodies, or the plumage, or parts
thereof, of game animals, or game or other wild birds, when shipped in inter-
state or foreign commerce, shall be plainly and clearly marked, so that the
name and address of the shipper and the nature of the contents may be readily
ascertained on an inspection of the outside of such package. (Sec. 243, act of
March 4, 1909--35 Stat. 1137.)
SEC. 394. For each evasion or violation of any provision of the three sections
last. preceding the shipper shall be fined not more than $200; the consignee
knowingly receiving such articles so shipped and transported in violation of
said sections shall be fined not more than $200; and the carrier knowingly
carrying or transporting the -s me in violation of s;iid sections shall be fined
not more than $200. (Sec. 244, act of March 4, 1909-35 Stat. 1138.)
SEC. 395. That all dead bodies., or p;irts thereof, of any foreign game animals,
or g;ime or song birds, the importation of which is prohibited, or the lead
bodies, or parts thereof, of any wild game animals, or game or song birds
transported into any State or Territory, or reni.aiiin" therein for use, consunmp-
tion, :sale. or storage therein, shall upon arrival in such State or Territory be
subject to the operation and effect of the laws of such State or Territory
enacted in the exercise of its police powers, to the same extent and in the same
manner as though such animals or birds had been produced in such State or
Territory, and shall not be exempt therefrom by reason of being introduced
therein in original packages or otherwise. This act shall not lirevent tlhe im-
portation, tranisp) station, or sale of birds or bird plumage manufaIctured from
the feathers of barnyard fowl. (Sec. 5, act of May 25, 1900-31 Stat. 188.)

[Conservation, Title 16, U. S. Code]

SEC. 701. That the duties and powers of the Department of Agriculture are
hereby enlarged so as to include the pre.'rviwtion, distribution, introduction, and
restoration of game birds and other wild birds. The S,.cretary of Agriculture
is h,.rehy authorized to adop1 such measuret.s as may be nce.s;i-ry to carry out
the purpo-ise of this act and to pure] i 'e such game birds and other wild birdils
tas may be required therefore, subject, ho weve(,r, to the laws of thlie various
Statai., and Territori,-. The object and Ipurpt-e of this act is to aid in the
reslir;ition of -iil.1 birds in thost parts of tlie United States adapftcd thereto
where Ihe -nIiie have l..ec'nli.. scarce )or extinct, :iiid :0-:i to regulate the intro-

SSee joint r,.'iilations (S. R. A.-B. S. i;:t), ,r',cflve November 21, 1927, governing the
importation of bobwhile quamil from Mexico, copies of which may be obt.iiin'd fr',e of charge'
from the IU. S. Irp.irtm nm of Agriculture, W;,shiiimtiai, D. C.
S<. :..% 4 of the niiji .1irry bird. fri,.ilv ict. ). 10, which s pUiu'r.'sios this part of the
Lacey Act relative to lie j i ir.s(. ai tra i"' irtatii






B. S. 70]


LAWS RELATING TO GAME AND BIRDS


13


duction of American or foreiumn birds or animal- in localities where they have
not heretofore existed.
The Secretary of Agriculture shall from time to time collect an( publish
useful information af to the ',r' )auation. uses. and pri-,i.rvati,,n of utli1 birds.
And the Secretary of Agriculture shall nak, and publish all needful rul,-
and regulations for carrying out the purpi-.- of this act, and shall exNIndl
for said p)urp 'ses such umsn as Congress in;iy aIpri,,priate therefore. (Sec. 1, act
o(f May 25, 1900-31 Stat. 187.)


LAW PROTECTING WILD ANIMALS AND BIRDS AND THEIR EGGS
AND GOVERNMENT PROPERTY ON FEDERAL REFUGES
[Criminal Code aind Crimin.il Pr'r:.lure, Title 18, U. S. Code]

SEC. 145. Whoever shall hunt, trap. capture, willfully disturb, or kill any bird
or wild animal of any kind whatever, or take or de-try the e,"'- of any such
bird on any lands of the United States which have been set apart or re-4ervel
as refuges or breeilin gnriiunids for such birds or animnalz by any law, procla-
mation, or Executive order, except under such rule- and regulations as the
Secretary of Agriculture may, from time to time. prescribe, or who shall will-
fully injure, molest, or destroy any pripirty of the United(] States on any such
lands shall be fined not more than $500, or imprisoned not more than six
months, or both. (Sec. 84, act of March 4, 1909, as amended April 15, 1924,
43 Stat 98.)

HUNTING ON NATIONAL FORESTS

Regulation T-7. effective October 1, 1919, of the Regulations of the Fore Service relative to National Forests. provides as follows:
The following acts are prohibited on lands of the United States within
national forests :
The going or being upon any such land, or in or on the waters thereof, with
intent to hunt. catch, trap. willfully disturb, or kill any kind of game animIal,
game or nongamrne bird, or fish. or to take the eggs of any such bird, in violation
of the laws of the State in which -uch land or water are situated.
Regulation G-30 authorize, all fore-t officers to enforce the above regula-
tion and also to cooperate with State or Territorial officials in the enforcement
of local laws for the protection of birds, fish, and game.


FIRES ON PUBLIC DOMAIN
[Criminal Code and Criminal Procedure, Title 18, U. S. Code]

SEC. 106. Whoever shall willfully set on fire. or cause to be set on fire. any
timber, underbrush, or grass upon the public doinaiii., or shall leave or suffer
fire to burn unattended near any timber or other inflanimmble material, shall
be fined not more than S5.000, or imprisoned not more than two years, or both.
(Sec. 52, act of March 4, 1909-3-.- Stat. 1098.)
SEXc. 107. Whoever shall build a fire in or near any f,,reqt. timber, or other
inflammable material upon the public domai-ni shall, before leaving said fire.
totally extin-ruish the same; and whoever shall fail to do so shall be fined
not more than $1.000. or imprisoind not more than one year, or both. (Sec.
53. act of March 4, 1909q--35 Stat. 109s.)


PROVISIONS OF TARIFF ACT REGULATING IMPORTATION OF
PLUMAGE, GAME, ETC.
[Act of September 21, 1922. 42 Stit. 915-Chapter 3, Title 19. U. S. Code]

PAR. 1419. Feathers and down<. on the skin or otflrwie, crude or not
dresse(ld, colored, or otherwise ad(lvanred or min:inuf:.-ic-tured in any mainer, not
specially provid(led for, 20 pier centum ad valorem; drt--ed, colored, or otherwise







14


BUREAU OF BIOLOGICAL SURVEY


[S. R. A.


advanced or manufactured in any manner, including quilts of down and other
manufactures of down; artificial or ornamental feathers suitable for use as
millinery ornaments, artificial or ornamental fruits, vegetables, grains, leaves,
tlowvers. and stems or parts thereof, of whatever material composed, not specially
provided for, 60 per centum ad valorem; natural leaves, plants, shrubs, herbs,
trees, and parts thereof, chemically treated, colored, dyed, or painted, not spe-
cially provided for, 60 per centumn ad valorem; boas, boutonnieres, wreaths, and
all articles not specially provided for, composed wholly or in chief value of any
of the feathers, flowers, leaves, or other imnterial herein mentioned, 60 per
centum ad valorem: Prorided, That the importation of birds of paradise,
aigrettes, egret plumes or so-called osprey plumes, and the feathers, quills,
head-. win,-gs. tails, skins, or parts of skins, of wild birds, either raw or nanu-
factiir.-d, and not for scientific or educational purposes, is hereby prohibited;
but this provision shAll not apply to the feathers or plumes of ostriches or to the
feathers or plumes of domestic fowls of any kind: Proridd further, That birds
of paradise and the feathers, quills, heads, wings, tails, skins, or parts thereof,
and all aigrettes. egret, plumes, or so-called osprey plumes, and the feathers,
quills, heads, wings, tails, skins, or parts of skins, of wild birds, either raw or
manufactured, of like kind to those the importation of which is prohibited by
the foregoing provisions of this paragraph, which may be found in the
United States, on and after the passage of this act, except as to such plumage
or parts of birds in actu;il use for persona! adornment, and except such plum:ige,
birds, or parts thereof imported therein for scientific or educational purposes,
shall be presumed for the purpose of seizure to have been imported unlawfully ,
after October 3, 1913, and the collector of customs shall seize the same unless
the possessor thereof shall establish, to the satisfaction of the collector, that the
same were imported into the United States prior to October 3, 1913, or as to such
plumage or parts of birds that they were plucked or derived in the United States
from birds lawfully therein; and in case of seizure by the collector he shall
pro.eekd as in case of forfeiture for violation of the custom laws, and the same
shall be forfeited, unless the claimant shall in any legal proceeding to enforce
such forfeiture, other than a criminal prosecution, overcome the presumption of
illegal importation and establish that the birds or articles seized. of like kind
to those mentioned the importation of which is prohibited as above, were im-
ported into the United States prior to October 3, 1913, or were plucked in the
United States from birds lawfully therein.
That whenever birds or plumage, the importation of which is prohibited by
the foregoing provisions of this paragraph, are forfeited to the Government.
the Secretary of the Treasury is hereby authorized to place the same with the
del)pirtments or bureaus of the Federal or State Governments or societies or
museums for exhibition or scientific or educational purposes, but not for sale or
personal use; and in the event of such birds or plumage not being, required
or d(esired1 by either Federal or State Government or for educational purposes,
they shall be destroyed.
That nothing in this act shall be construed to repeal the provisions of the
act of March 4, 1913, chapter 145 (37 Statutes at Large, pae- 847), or the act
of July 3, 1918 (40 Statutes at Large, page 755), or any other law of the
United States, now of force, intended for the protection or preservation of birds
within the United States. That if on investigation by the collector before
seizure, or before trial for forfeiture, or if at such trial if such seizure has
been made, it shill be made to app,'ar to the collector, or the prosecuting
offi'er of the Government, as the case may be, that no illegal importation of
such feathers has been made, but that the possession, acquisition, or purchase
of such feathers is or has been made in violation of the provisions of the
act of March 4, 1913, chapter 145 (37 Statutes at Large, pairo 847), or the
act of July 3, 1918 (40 Statutes at Large, page 755), or any other law of the
United States, now of force, intended for the protection or prpserv:ition of birds
within the United States, it shall he the duty of the collector, or such prose-
cuiithi officer, ;s the case, m1iy bo, to report the facts to the proper officials
of the United States, or State or Territory chlargd with the duty of enforcing
such laws.
Import dutiess and provisions are as follows:
PAR. 7(01. A duty of 4 cents per po und is imposed on reindeer moat, venison,
and other _:-ne (except birds).
PAr. 711. The duty on live birds exceptt poultry) is 50 cents each on those
v:;!ld(1 at $5 or l(es.s, and 20 IHr cent ad valoremii on those valued at more than







LAWS RELATING TO GAME AND BIRDS


$5. [By pIrolNmation of Octoljer 3, 11.25, the President redu e'd the duty on live
bobwLite quail valued at $5 each ,,r less from 50 to 25 cents.]
PAR. 712. Dressed or undre,--sid birds (exept poultry) are dutiable- at 8 cents
per pound. but if prepared or preserved in any manner the duty is 2..'i lw-r cent
ad valorem. (Paragraph 1419 prohibits the importation of the plumage of wild
birds. <,, that undressed game birds may only be brought in under a bond for
the destruction of their plumniage.)
PAR. 715. Li'-e wild aninimal., 15 per cent ad valorem.
PAR. 1420. Silver or bli,-k fox skins. dres^-,d or undressed, and manufac-
tures thereof. 50 per 4'ent ad valorem; other fur-4 dressed on the skin, not
advai.ccd further than dyeinZ. 25") per cent ad valorem.
PAR. 1507. Wild animals and birds intended for exhibition in zoological
collections for scientific or educational purposes, and not for sale or profit,
are admitted free.
PAR. 15'19. The ega, of birds are prohibited fromin entry, except that eg of
game birds may be importeil free under regulations7 of the Secretary of Agricul-
ture for p)ropa zaitng purlpses; spe'imens may also be iimiported free for
scientific collect ions.
PAR. 1579. Raw furs and fur skins (except silver or black fox skins),
vndrt-:ed, are admitted free.
PA&. 1668. Natural-history specimens (including wild birds and ianinimals)
may be imported free for scientific public collections, but not for s.le.



CANADIAN TARIFF ACT PROHIBITING IMPORTATION OF PLUMAGE,
MONGOOSES, AND CERTAIN BIRDS

The importation of bird plumage into C;inada for millinery purposes is
prohibited by tariff item 1212 under Schedule C prohibitedd goods), as added
by section 5 of the Canadian customs tariff act of 1914. Item 1212 prohibits
the entry of the following:
1212. Aigrettes. egret plumes, or so-called osprey plumes, and the feathers,
quills. heads, win; tails, skins, or parts of skins of wild birds either raw or
manufactured; but this provision shall not come into effect until January 1,
1915. and shall not apply to-
(a) The feathers or plumes of ostriches;
(b) The plumage of the English pheasant and the Indian lxJavock;
(c) The plun a ze of wild birds ordinarily used as articles of diet;
(d) The plumage of birds imported alive; nor to
(e) Spe.imenis imported under regulations of the ininster of customs for any
natural-history or other museum or for educational puipuses.
Item 1214 under Schedule C prohibitedl goods), as added by the customs
tariff act, effective May 24, 1922, prohibits the entry of the following:
1214. (a) Conmmnon mongo)ose (Hcrpe9tes gri. eiv.) or mongoose of any kind;
(b) Common mynah. Chinese mynah, crested mynah. or any other -pecies of
the starling family (Sturnidae) ;
(c) Jav;: sparrows, rice bird, nutnmez finch, or other species of the weaver
bird family (Ploceidae) ;
(d) European Chaffinch (Frii.ailla co'lebs) ;
(e) Great titmouse (Parus major).
7See relations (S. R. A.-B. S. 54), effective March 15, 19i23, governing the importa-
tion of eggs 'f game birds for propagatin. copy ,if which may be obtained free of charge
from the U. S. Department of Agriculture, Washington, D. C.


B. S. 70]









UNIVERSITY OF FLORIDA



31262 09218 5197

OFFICIALS FROM WHOM COPIES OF GAME LAWS MAY BE
OBTAINED


Federal laws: Secretary of Agriculture,
Washinzton, D. C.
Alabanma: Department of Game and Fish-
eries. Montomnery.
Alaska: Exprutive Office. Alaska Game
Commission, Juneau; or Secretary of
Agriculture. Washington D. C.
Arizona: State Ginie Warden, Phoenix.
Arkansas: Secretary Game and Fish
Commission. Little Rock.
California: Executive Officer, Fish and
Game Commission. Postal Telegraph
Building, San Francisco.
Colorado: State Game and Fish Commis-
sioner, Denver.
Connecticut: Superintendent of Fisheries
and Game, Hartford.
Delaware: Chief Game and Fish Warden,
Dover.
District of Colunmbia: Superintendent
Metropolitan Police, Washin gton.
Florida: State Game Commissioner, Tal-
lahassee.
Georgia: Game and Fish Commissioner,
Atlanta.
Hawaii: Fish and Game Division. Board
of Agriculture and Forestry, Honolulu.
Idaho: Fish and Game Warden, Boise.
Illinois: Director Department of Con-
servation, Springfield.
Indiana: Superintendent of Fisheries and
Game, State House. Indianapolis.
Iowa: State Game Warden, Des Moines.
Kansas: State Fish and Game Warden.
Pratt.
Kentucky: Executive Agent Game and
Fish Commission, Frankfort.
Louisiana: Commissioner of Conserva-
tion, Court Building, New Orleans.
Maine; C, mmissioner of Inland Fisheries
and Game. State House, Augusta.
Maryland: State Game Warden, 514
Munsey Building. Baltimore.
Massachusetts: Director Division of
Fisheries and Game. State H.,use. Boston.
Miebhi.'anr: Director Depart iwnat of Con-
servation, Lansii,_'.
Minnesota: Game and Fish Commissioner,
ID)epartment of Conservation, St. Paul.
Mississ.ipii: Secretary of State. Jackson;
or Sheriff or County Cl"rl;.
Missouri: Game and 'i-h Commissioner,
Jrffer-on City.
Monitana: State Fish and Game Warden.
Ihlelena.
Nebraska: State Game Warden. Lincoln.
Nevada: Secretary of State Fish and
Game Commission, Reno.
Ne% l ani psi-.ire: Fish and Game Com-
ii'-ii 'ir l'r, 'onriord.
New Jersey: Secretary of B',-,rd of Fish
ind (Ine Ci,mniiiis-iniier-. Trelton.
Nev Me xlico: State Giame nnl Fish
WVard,ii. Santa Fe.
New lYork: St ri t:lry Cinqervation De-
partment, Albany.
North Carolina: Director I)epartment of
ConrisrvaItion and Development, Ilal-.ilih.


North Dakota: Game and Fish Commis-
sioner, Bisbee.
Ohio: Chief. Division of Fish and Game.
Department of Agriculture, Columbus.
Oklahoma: State Fish and Game Ward-
en, Oklahoma City.
Oregon: State Game Warden. Portland.
Pennsylvania: Executive Secretary Board
of Game Commissioners. Harrisburg.
Rhode Island: Chairman Commissioners
of Birds, Providence.
South Carolina: Chief Game Warden.
Columbia.
South Dakota: Director Division of
Game and Fish, Department of Agricul-
ture, Pierre.
Tennessee: State Game and Fish Warden.
Nashville.
Texas: Game. Fish. and Oyster Commis-
sioner, Austin.
Utah: Fish and Game Commissioner, Salt
Lake City.
Vermont: Fish and Game Commissioner,
Montpelier.
Virginia: Executive Secretary, Commis-
sion of Game and Inland Fisheries,
Richmond.
Wa.hington: Supervisor of Game and
Game Fish. 404 Bell Street Terminal
('. 0. Box 384), Seattle.
West Virginia: Game and Fish Commis-
sion, Charleston.
Wisconsin: Conservation Commissioner,
Madison.
Wyomning: State Game and Fish Commis-
sion. Cheyenne.
Canada: Commissioner, National Parks of
Canada, Ottawa.
Alberta: Game Commissioner, Edmonton.
British Columbia: Provincial Game
Warden. Victoria.
Manitoba: Chief Game Commissioner,
Winnipeg.
New Brnnswick: Chief Game Warden,
Fredericton.
Northwest Territories: Director. North-
west Territories and Yukon Branch. De-
partment of Interior, Ottawa, Ontario.
Nova Seotia: Minister of Lands and For-
ests, Halifax.
Ontario: Department of Game and Fish-
eries, Toronto.
Prince Edward Island: Game Inspec-
tor, P'rovinciai Treasury Department.
Charlottetown.
Quebec: General Superintendent of Fish-
eries and Ganme. Quebec.
Saskatchewan: Game Commissioner, Re-
gina.
Yukon: Cold Commissioner, Dawson.
Newfoundland: Secretary. Game and TIn-
land Fislihries Board. St. Johns.
Mlexioe: S'irct.itria do Agricultura y Fo-
mento, City of Mexico.


U.S. (;OVFINMENT PRINTING OFFICE:1928




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