Text of Federal laws and regulations relating to game and birds

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Text of Federal laws and regulations relating to game and birds
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United States -- Bureau of Biological Survey
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S. R. A.-B. 66 UF-OSITO IsYued May, 1927.
f U... '-EPOSI1TORY__
Unitd rLa e e ment of Agriculture

Bureau of Biological Survey

SERVICE AND REGULATORY ANNOUNCEMENTS



TEXT OF FEDERAL LAWS AND REGULATIONS RELATING
TO GAME AND BIRDS

The full text of the laws and regulations which follow was published(l prior
to 1924 in the annual Farmers' Bulletin of the United States Department of
Agriculture on the game laws. Summarized information concerning open
seasons on game, licenses, bag limits, possession, sale, interstate transportation,
and provisions relating to imported game and giamie raised in captivity is p)ub-
lished annually in the bulletin above mentioned.



CONVENTION BETWEEN THE UNITED STATES AND GREAT BRITAIN
FOR THE PROTECTION OF MIGRATORY BIRDS IN THE UNITED
STATES AND CANADA'

[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 migratory birds
in the United States and Canada was concluded and signed by their respective
plenipotentiaries at Washington on the 16th day of August, 1916, the original
of which convention is word for word as follows:
Whereas 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 great value as a s,,urce 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 lahick of
adequate protection during the nesting season or while on their way to and.
from their breeding 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-
slaughter and of insuring the preservation of such migratory birds as are,
either useful to man or harmless, have resolved to adopt some uniform;

1 Signed at Washington, Aug. 16, 1916; ratification advised li the Senate Aug. 29, rati-
fied by the President Sept. 1, and by Great Britain Oct. 20; ratifications exchange Dec.
7; proclaimed Dec. 8, 1916. Constitutionality of the treaty and act of July 3, 1918, sus-
tained by the Unitcd States Supreme Court in a dlecisin rendered Apr. 19, 1920, in the
case of the State of Missouri v. Ray P. HIolland (252 U. S. 416) ; see also U. S. v.
Lumpkin (276 Fed. 580).
Canada, by an act of Parliament approved Aug. 29, 1917, gave full effect to this con-
vention and promulgated regulations thereunder May 11, 1918. The validity of the act
of the Dominion Parliament was upheld by the Supreme Court of Prince Edward Island in,
i decision (Mich:.ielmas term, l9'() renfle:cd in the case of The King v. Russell C. Clark.
For full text of the Canadian migratory-lIird treaty act and regulations, communicate with*
the Commissioner of Canadian National Parks, Ottawa, Ontario.
41721-27






BUREAU OF BIOLOGICAL SURVEY


system of protection which shall effectively accomplish 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 the United States; and
His Britannic Majesty, the Right Hon. 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, after having communicated to each other their respective full powers,
which were found to be in due and proper form, have agreed to and adopted
the following articles:
ARTICLE I

The high contracting powers declare that the migratory birds included in the
terms of this convention shall be as follows:
1. Migratory game birds:
(a) Anatidae or waterfowl, including brant, wild ducks, geese, and swans.
(b) Gruidae or cranes, including little brown, sandhill, and whooping cranes.
(c) Rallidae or rails, including coots, gallinules and sora and other rails.
(d) Limicolae or shorebirds, including avocets, curlew, dowitchers, godwits,
knots, oyster catchers, phalaropes, plovers, sandpipers, snipe, stilts, surf birds,
turnstones, willet, woodcock, and yellowlegs.
(e) Columbidae or pigeons, including doves and wild pigeons.
2. Migratory insectivorous birds: Bobolinks, catbirds, chickadees, cuckoos,
flickers, flycatchers, grosbeaks, humming birds, kinglets, martins, meadowlarks,
nighthawks or bull-bats, nut-hatches, orioles, robins, shrikes, swallows, swifts,
tanagers, titmice, thrushes, vireos, warblers, wax-wings, whippoorwills, wood-
peckers, and wrens, and all other perching birds which feed entirely or chiefly
on insects.
3. Other migratory nongame birds: Auks, auklets, bitterns, fulmars, gannets,
grebes, guillemots, gulls, herons, jaegers, loons, murres, petrels, puffins, shear-
waters, and terns.
ARTICLE II

The high contracting powers agree that, as an effective means of preserving
migratory birds, there shall be established the following close seasons during
which no hunting shall be done except for scientific or propagating purposes
under 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 Chesa-
peake Bay shall be between February 1 and August 15, and that Indians may
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 contracting powers may severally deem appropriate and
define by law or regulation.
2. The close season on migratory insectivorous birds shall continue through-
out the year.
3. The close season on other migratory nongame birds shall continue through-
out the year, except that Eskimos and Indians may take at any season auks,
auklets, guillemots, murres, and puffins, and their eggs, 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 season 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 proper authorities of that
Province within the general dates and limitations elsewhere prescribed in this
convention for the respective groups to which these birds belong.


[S. R. A.







LAWS RELATING TO GAME AND BIRDS


ARTICLE IV

The high contracting powers agree that special protection shall be given the
wood duck and the eider duck either (1) by a close season extending over a
period of at least 5 years, or (2) by the establishment of refuges, or (3) by
such other regulations as may be deemed appropriate.
ARTICLE V

The taking of nests or eggs of migratory game or insectivorous or nongaime
birds shall be prohibited, except for scientific or propagating purposes under
such laws or regulations as the high contracting powers may severally deem
appropriate.
ARTICLE VI

The high contracting powers agree that the shipment or export of migratory
birds or their eggs from any State or Province, during the continuance of the
close season in such State or Province, shall be prohibited except for scientific
or propagating purposes, and the international traffic in any birds or eggs
at such time captured, killed, taken, or shipped at any time contrary to the
laws of the State or Province in which the same were captured, killed, taken,
or shipped shall be likewise prohibited. Every package containing migratory
birds or any parts thereof or any eggs of migratory birds transported, or
offered for transportation from the United States into the Dominion of Canada
or from the Dominion of Canada 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-named 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 contracting powers under suitable regulations prescribed therefore by
them, respectively, 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 shipped, sold, or offered
for sale.
ARTICLE VIII

The high contracting powers agree themselves to take, or propose to their
respective appropriate law-making bodies, the necessary measures for insuring
the execution of the present 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 Britannic Majesty. The ratifications shall be exchanged at Washington as
soon as possible, and the convention shall take effect on the date of the exchange
of the ratifications. 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 expiration of said period of 15 years 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 seals.
Done at Washington this 16th day of August, 1916.
[SEAL.] ROBERT LANSING.
[SEATL.] CECIL SPRING RICE.
And whereas the said convention has been duly ratified on both parts, and
the ratifications of the two Governments were exchanged in the city of Wash-
ington on the 7th day of December, 1916:
Now, therefore, be it known that I, WOODROW WILSON, President of the United
States of America. have caused the said convention to be made public, to the
end that the same and every article and clause thereof may be observed and
fulfilled with good faith by the United States and the citizens thereof.


B. S. 66]






BUREAU OF BIOLOGICAL SURVEY


In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
Done at the city of Washington this 8th day of December in the year of our
Lord 1916, and of the independence of the United States of America the 141st.
[SEAL.] WOODROW WILSON.
By the President:
ROBERT LANSING,
Scf-rctary of State.


MIGRATORY-BIRD TREATY ACT
[Approved July 3, 1918. 40 Stat. 755]

An Act to give effect to the convention between the United States and Great Britain for
the protection of migratory birds concluded at Washington, August 16, 1916, and for
other ilr-poI.os.

Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, That this act shall be known by the short
title of the "Migratory Bird Treaty Act."
SEC. 2. That 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, possess, offer for sale, sell, offer to purchase, purchase, deliver
for shipment, ship, cause to be shipped, deliver for transportation, transport,
cause 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 manner, any migratory bird, included in the terms of the convention
between the United States and Great Britain for the protection of migratory
birds concluded August 16, 1916, or any part, nest, or egg 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 regard to the zones of temperature and to the distri-
bution, abundance, economic value, breeding habits, and times and lines of
migratory flight of such birds, to determine when, to what extent, if at all,
and by what means, it is compatible with the terms of the convention to allow
hunting, taking, capture, killing, possession, sale, purchase, shipment, trans-
portation, carriage, or export of any such bird, or any part, nest, or egg thereof,
and to adopt suitable regulations permitting and governing the same, in ac-
cordance with such determinations, which regulations shall become effective
when approved by the President.
SEC. 4. That it shall be unlawful to ship, transport, or carry, by any means
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, trans-
ported, or carried. It shall be unlawful to import any bird, or any part, nest,
or egg thereof, captured, killed, taken, shipped, transported, or carried con-
trary to the laws of any Province of the Dominion of Canada in which the
same was captured, killed, or taken, or from which it was shipped, transported,
or carried.
SEC. 5. That any employee of the Department of Agriculture authorized by
the Secretary of Agriculture to enforce the provisions of this act shall have
power, without warrant, to arrest any person committing a violation of this act
in his pres(-nce or view and to take such person immediately for examination
or trial before an officer or court of competent jurisdiction; shall have power
to execute 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 shall
lihaive authority, with a search warrant, to search any place. The several judges
of the courts (establis.hled under the laws of the United States, and United
States commissionerss may, within their respective jurisdictions, upon proper
oath or affirnmition showing probable cause, issue warrants in all such cases.
All birds, or parts, nests, or eggs thereof, captured, killed, taken, shipped,
transported, carried, or possessed contrary to the provisions of this act or of
any regulations made pursuant thereto, shall, when found, be seized by any


[S. R. A.






B. S. 66] LAWS RELATING TO GAME AND BIRDS 5

such employee, or by any marshal or deputy marshal, and, upon conviction of
the offender or upon judgment of a court of the United States that the same
were captured, killed, taken, shipped, transported, carried, or possessed con-
trary to the provisions of this act or of any regulation made pursuant thereto.
shill be forfeited to the United States and disposed of ais directed by the
court having jurisdiction.
SEC. 6. That any person, association, partnership, or corporation who shall
violate ally of the provisions of said convention or of this act, or who shall
violate or fail to comply with any regulation mnide pursuant to this act. sh:ill
be deemed guilty of misdemeanor and upon conviction thereof shall be fined
not more thin $500 or be imprisoned not more than six months, or both.
SEC. 7. That nothing in this act shall be construed to prevent the several
States and Territories from making or enforcing laws or regulations not in-
consistent with the provisions of said convention or of this act, or from
making or enforcing laws or regulations which shall give further protection to
migratory birds, their nests, and eggs, if such laws or regulations do not
extend the open seasons for such birds beyond the dates approved by the
President in accordance with section three of this act.
SEC. 8. That until the adoption and approval, lpursuant to section 3 of this
act, of regulations dealing with migratory birds and their nests and eggs, such
migratory birds and their nests and eggs as are intended and used exclusively
for scientific or propagating purposes may be taken, captured, killed, possessed,
sold, purchased, shipped, and transported for such scientific or propagating
purposes if and to the extent not in conflict with the laws of the State, Terri-
tory, or District in which they are taken, captured, killed, possessed, sold, or
purchased, or in or from which they are shipped or transported if the packages
containing the dead bodies or the nests or e-gs of such birds when shipped and
transported shall be marked on the outside thereof so as accurately and clearly
to show the name and address of the shipper and the contents of the package.
SEC. 9. That the unexpended balances of any sums appropriated by the agri-
cultural appropriation acts for the fiscal years 1917 and 1918, for enforcing
the provisions of the act approved March 4, 1913, relating to the protection of
migratory game and insectivorous birds, are hereby reappropriated and made
available until expended for the expenses of carrying into effect the provisions
of this act and regulations made pursuant thereto, including the payment of
such rent, and the employment of such persons and means, as the Secretary of
Agriculture may deem necessary, in the District of Columbia and elsewhere,
cooperation with local authorities in the protection of migratory birds, and
necessary investigations connected therewith: Provided, Thar. no person who
is subject to the draft for service in the Army or Navy shall be exempted or
excused from such service by reason of his employment under this act.
SEC. 10. That if any clause, sentence, paragraph, or part of this act shall, for
any reason, be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair, or invalidate the remainder thereof, 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 preserves and the sale of birds so bred un-
der proper regulation for the purpose of increasing the food supply.
SEC. 13. That this act shall become effective immediately upon its passage
and approval.

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, 1921, May 17, 1921, March 8, 1922, April
10, 1923, June 11, 1923, April 11, 1924, July 2, 1924. June 22, 1925, March 8, 1926,
April 22, 1926, June 18, 1926, and April 4 and 21, 1927.]
Regulation 1.-Definitions of Migratory Birds

Migratory birds, included in the terms of the convention between the United
States and Great Britain for the protection of migratory birds, concluded
August 16, 1916, are as follows:






BUREAU OF BIOLOGICAL SURVEY


1. Migratory game birds:
(a) Anatidae, or waterfowl, including brant, wild ducks, geese, and swans.
(b) Gruidac, or cranes, including little brown, sandhill, and whooping cranes.
(c) Rallidae, or rails, including coots, gallinules, and sora and other rails.
(d) Limicolae, or shorebirds, including avocets, curlews, dowitchers, godwits,
knots, oyster catchers, phalaropes, plovers, sandpipers, snipe, stilts, surf birds,
turnstones, willet, woodcock, and yellowlegs.
(e) Columbidae, or pigeons, including doves and wild pigeons.
2. Migratory insectivorous birds: Cuckoos; flickers and other woodpeckers;
nighthawks or bull-bats and whip-poor-wills; swifts; hummingbirds; flycatch-
ers; bobolinks, meadowlarks, and orioles; grosbeaks; tanagers; martins and
other swallows; waxwings; shrikes; vireos; warblers; pipits; catbirds and
brown thrashers; wrens; brown creepers; nuthatches; chickadees and titmice;
kinglets and gnat catchers; robins and other thrushes; and all other perching
birds which feed entirely or chiefly on insects.
3. Other migratory nongamne birds: Auks, anklets, bitterns, fulmars, gannets,
grebes, guillemots, gulls, herons, jaegers, loons, murres, petrels, puffins, shear-
waters, and terns.
[As amended July 9, 1920.]
Regulation 2.-Definitions of Terms

For the purposes of these regulations the following terms shall be construed,
respectively, to mean-
Secrctary.-The Secretary of Agriculture of the United States.
Person.-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 se8ca.on.-The time during which migratory birds may be taken.
Transport.-Shipping, transporting, carrying, exporting, receiving or deliver-
ing for shipment, transportation, carriage, or export.
Regulation 3.-Means by Which Migratory Game Birds May be Taken

The migratory game birds specified in regulation 4 hereof may be taken
during the open season 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, sailboat, boat under sail, floating device towed by powerboat or sail-
boat, or any sinkbox (battery), except that sinkboxes (batteries) may be used
in the taking of waterfowl in coastal sounds and bays (including Back Bay,
Princess Anne County, State of Virginia) and other coastal waters if placed
not less than 700 yards from the shore line of the mainland at ordinary high
tide and not less than 700 yards from any island at ordinary high tide, and not
less than 700 yards from any other sinkbox (battery) ; and nothing herein shall
be deemed to permit the use of an airplane, or a powerboat, sailboat, or other
floating device for the purpose of concentrating, driving, rallying, or stirring
up migratory waterfowl.
[As amended July 28, 1919, March 3, 1921, May 17, 1921, and April 4, 1927.]
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-
linuls, 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-
tituting 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 poss(esion thereof.


[S. R. A.






LAWS RELATING TO GAME AND BIRDS


Waterfcwl (except wood duck, eider ducks, and swan.s), coot, gallinules,
and Wilson snipe or jacksnipe.-The open seasons for waterfowl (except wood
duck, eider ducks, and swans), coot, gallinules, and Wilson snipe or jacksnipe
shall be as follows:
In Maine, New Hampshire, Vermont, Massachusetts (except in Nantucket
and Dukes Counties), Ohio, West Virginia, Michigan, Wisconsin. Minnesota,
Iowa, Missouri, North Dakota. South Dakota, Nebraska. Kansas. Colorado,
Wyoming, Montana, Nevada, and that portion of Idaho coJmpri-ing the counties
of Boundary, Bonner, Kootenai, Benewah, and Shoshone the open season shall
be from September 16 to December 31;
In New York (except Long Island) the open season shall be from Septem-
ber 24 to January 7;
In that portion of Massachusetts known as Nantucket and Dukes Counties,
and in Rhode Island. Connecticut, Pennsylvania, Indiana, Illinois, Oklahoma,
Utah, Idaho (except in the counties of Boundary, Bonner, Kootenai, Benewah,
and Shoshone), California. Oregon. and Washington the open seas,,n shall be
from Oct'1 er 1 to January 15;
In that portion of New York known as Long Island, and in New Jersey,
Delaware, that portion of Texas lying west and north of the main tracks
of the International & Great Northern Railroad extending from Laredo to
San Antonio, Austin, and Longview, and the Texas & Pacific Railroad extend-
ing from Longview to Marshall and Texarkana. and in N-%w Mexico and Arizona
the open season shall be from October 16 to January 31;
In Maryland, the District of Columbia, Virginia, Kentucky, Tennessee, North
Carolina. South Carolina, Georgia, Florida, Alabama. Mississippi, Arkansas,
Louisiana, and that portion of Texas lying east and south of the main tracks of
the International & Great Northern Railroad extending from Laredo to San
Antonio. Austin, and Longview, and the Texas & Pacific Railroad extending
from Longview to Marshall and Texarkana 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 (except coot and gallinules.)-The open season for sora and other
rails (except coot and gallinules) shall be from September 1 to November 30,
except as follows:
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 Aus-ust 16, 1929.
Woodcock.-The open seasons for woodcock shall be as follows:
In Maine, New Hampshire, Vermont, Massachusetts, Rhode Island. Con-
necticut, New York, New Jersey, Pennsylvania, Ohio, West Virginia. Kentucky,
Indiana, Michigan, Wisconsin, Illinois, Missouri, Iowa, Minnesota. North
Dakota, South Dakota. Nebraska, and Kansas the open season shall be from
October 1 to November 30; and
In Delaware, Maryland, the District of Columbia. Virginia. North Carolina,
South Carolina, Georgia. Florida, Alabama, Mississippi, Tennessee. Arkansas.
Louisiana, Texas, and Oklahoma the open season shall be from November 1 to
December 31.
Doves.-The open seasons for mourning doves shall be as follows:
In Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, Ohio,
Indiana, Illinois, Minnesota. Nebraska, Kansas, Missouri, Arkansas, Oklahoma,
that portion of Texas lying west and north of the main tracks of the Inter-
national & Great Northern Railroad extending from Laredo to San Antonio,
Austin, and Longview, and the Texas & Pacific Railroad extending from Long-
view to Marshall and Texarkana, New Mexico, Colorado, Utah, Arizona, Cali-
fornia, Nevada, Idaho, and Oregon the open season shall be from September 1
to December 15;
In South Carolina. Georgia, Florida, Alabama, and Mississippi the open
season shall be from October 16 to January 31;
In that portion of Texas lying east and south of the main tracks of the
International & Great Northern Railroad extending from Laredo to San
Antonio, Austin, and Longview, and the Texas & Pacific Railroad extending
from Longview to Marshall and Texarkana the open season shall be from
November 1 to December 31; and
In Louisiana the open season shall be from November 1 to January 31.
[As amended October 25, 1918. July 28, 1919, July 9, 1920. May 17, 1921. March 8,
1922, June 11, 1923. April 11, 1924, July 2, 1924, June 22, 1925, March 8, 1926, April
22, 1926. June 18, 1926, and April 4 and 21, 1927.]


B. S. 66]






BUREAU OF BIOLOGICAL SURVEY


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 eider ducks).-Twenty-five in the aggregate
of all kinds.
Geese.-Eight in the aggregate of all kinds.
Bran t.-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-fi ve.
Coot.-Twenty-five.
Wilson snipe or jacksnipe.-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 may be transported in or out of the State where taken
during the respective open seasons in that State, and may be imported from
Caii;ida during the (open season in the Province where taken, in any manner,
but not more than the number thereof that may be taken in two days by one
plrs.ni 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 succeeding such open season, not to exceed
5 days, necessary to deliver the same to their destination, and may be possessed
in any State, Territory, or District during the period constituting the open
season where killed, and for an additional period of 10 days next succeeding
said open season; and any package in which migratory game birds or parts
thereof are transported shall have the name and address of the shipper and
of the consignee and an accurate statement of the numbers and kinds of
birds contained therein clearly and conspicuously marked on the outside
thereof; but no such birds shall be transported from any State, Territory,
or District to or through another State, Territory, or District, or to or through
a Province of the Dominion of Canada contrary to the laws of the State,
Territory, or District, or Province of the Dominion of Canada in which they
were taken or from which they are transported; nor shall any such birds
be transported into any State, Territory, or District from another State. Terri-
tory, or District, or from any State, Territory, or District into any Province
of the Dominion of Canada at a time when such State, Territory, or District,
or Province of the Dominion of Canada prohibits the possession or transport-
ing thereof.
[As amended October 25, 1918, July 9, 1920, March 8, 1926, and April 4, 1927.]
Regulation 7.-Taking of Certain Migratory Nongame birds by Eskimos and Indians in Alaska

In Alaska Eskimos and Indians may take for the use of themselves and
their immediate families, in any manner and at any time, and possess and
transport auks, auklets, guillemots, murres, and puffins and their eggs for
food, and their skins for clothing.

Regulation 8.-Permits to Propagate and Sell Migratory Waterfowl

1. A person may take in any manner and at any time migratory water-
fowl and their eggs for propagating purposes when authorized by a permit
issued by the Secretary. Waterfowl and their eggs so taken may be possessed
by the permittee and may be sold and transported by him for propagating
purposes to any p)ers i holding a permit issued by the Secretary in accordance
with the provisions of this regulation.


[S. R. A.






LAWS RELATING TO GAME AND BIRDS


2. A person authorized by a permit issued by the Secretary may possess,
buy, sell, and transport migratory waterfowl and their increase and eggs in
any manner and at any time for propagating purposes; and migratory water-
fowl, except the birds taken under paragraph 1 of this regulation, so possessed
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 be 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 game, or a club. for
sale or service to their patrons, who may possess such carcasses for actual
consumption 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 domestication under a
permit.
3. Any package in which such waterfowl or parts thereof or their eggs
are transported shall have plainly and conspicuously marked on the outside
thereof the name and address of the permitted, the number of his permit,
the name and address of the consignee, and an accurate statement of the
number and kinds of birds or eggs contained therein.
4. Applications for permits must be addressed to the Secretary of Agriculture,
Washington, 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 used in the business and whether owned or leased by the appli-
cant; number of each species of waterfowl in possession of applicant; names of
species and number of birds or eggs of each species if permission is asked 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 spx-cies of
waterfowl and their eggs possessed 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 number 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, name and( address of each
person from or to whom waterfowl and eggs were purchased or sold, together
with the number and specie-s and whether sold alive or dead; and the date of
each transaction. A report setting forth this information shliall be annually
furnished the Secretary during the month of January for the preceding cal-
endar year.
6. A permitted shall at all reasonable hours allow any authorized employee
of the United States Department of Agriculture to enter and inspect the
premises where operations are being carried on under this regulation and to
inspect the books and records of such permitted relating thereto.
7. A permit issued under this regulation shall be valid until revoked by the
Secretary unless otherwise specified therein, shall not be transferable, and
may be revoked by the Secretary, if the permitted violates any of the provisions
of the migratory bird treaty act or of the regulations thereunder. 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 Depart-
ment of Agriculture duly authorized to enforce the provisions of the migratory
bird treaty act.
8. A person may possess and transport for his own use. without a permit,
live migratory waterfowl now lawfully possessed or hereafter lawfully ac-
quired 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 feathers 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, April 10, 1923. and June 11, 1923.]


B. S. 66]






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

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 re-
questing 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 more of these privileges.
Each 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 calendar year.
Every package in which migratory birds or their nests or eggs are trans-
ported shall have clearly and conspicuously marked on the outside thereof the
name and address of the sender, the number of the permit in every case
when a permit is required, the name and address of the consignee, a state-
ment that it contains specimens of birds, their nests, or eggs for scientific
purposes, and, whenever such a package is transported or offered for trans-
portation from the Dominion of Canada into the United States or from the
United States into the Dominion of Canada, an accurate statement of the
contents.
[As amended October 25, 1918, March 3, 1921, and June 11, 1923.]
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 particular 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 times
and by what means. Upon his determination an appropriate order will be
made.
Regulation 11.-State Laws for the Protection of Migratory Birds

Nothing in these regulations shall be construed to permit the taking, posses-
sion, sale, purchase, or transportation of migratory birds, their nests, and eggs
contrary to the laws and regulations of any State, or Territory, or District
made for thle purpose of giving further protection to migratory birds, their
nests, and eggs when such laws and regulations are not inconsistent with the
convent ion lhtwven the United States and Great Britain for the protection of





B. S. 66]


LAWS RELATING TO GAME AND BIRDS


11


migratory birds concluded August 16. 1916, or the migratory bird treaty act
and do not extend the open seasons for such birds beyond the dates prescribed
by these regulations.
(Added by proclamation of October 25, 1918, as amended July 9, 1920.]



LACEY ACT, REGULATING INTERSTATE COMMERCE IN GAME

Federal laws affecting the shipment of game comprise statutes regulating
interstate commerce in game and the importation of birds and mammals from
foreign countries, as follows:
Criminal Code-Act of March 4, 1909
[35 Stat. 1137]

SEc. 241. The importation into the United States, or any Territory or District
thereof, of the mongoose, the so-called "flying foxes," or fruit bats, the English
sparrow, the starling, and such other birds and animals as the Secretarry of
Agriculture may from time to time declare to be injurious to the interests of
agriculture or horticulture, is hereby prohibited; and all such birdZ and ani-
mals shall, upon arrival at any port of the United States, be destroyed or
returned at the expense of the owner. No person shall import into the United
States or into any Territory or District thereof any foreign wild animal or bird.
except under special permit from the Secretary of Agriculture: Pro ided, That
nothing in this section shall restrict the importation of natural-history spe:i-
mens for museums or scientific collectiorns, or of certain cage birds, Zuch as
domesticated canaries, parrots, or such other birds as the Secretary of Agri-
culture may designate. The Secretary of the Treasury is hereby authorized to
make regulations for carrying into effect the provisions of this :.ection.
SEC. 242. It shall be unlawful for any person to deliver to any common
carrier for transportation, or for any common carrier to transport from any
State, Territory, or District of the United States to any other State, Territory,
or District thereof, any foreign animals or birds the importation of which
is prohibited, or the dead bodies or parts thereof of any wild animals or birds.!
where such animals 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: Provided, That nothing herein shall prevent the
transportation of any dead birds or animals killed during the season when the
same 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: Provided further, That nothing herein shall prevent the importation.
transportation, or sale of birds or bird plumage manufactured from the feathers
of barnyard fowls.
SEC. 243. All packages containing the dead 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. 244. 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 same in violation of said sections shall be fined
not more than $200.
Sections 1 and 5-Act of May 25, 1900 3
[31 Stat. 187-188]

That the duties and powers of the Department of Agriculture are hereby
enlarged so as to include the preservation, distribution, introduction, and
restoration of game birds and other wild birds. The Secretary of Agriculture

2 See sec. 4 of the migratory-bird treaty act, p. 4. which supersedes this part of the
Lacey Act relative to the interstate transportation of wild birds.
8 Secs. 2, 3. and 4 superseded by secs. 241-244 of the Criminal Code, act of Mar. 4, 1909
(35 Stat. 1137).






12


BUREAU OF BIOLOGICAL SURVEY


[S. R. A.


is hereby authorized to adopt such measures as may be necessary to carry out
the purposes of this act and to purchase such game birds and other wild birds
as may be required therefore, subject, however, to the laws of the various
States and Territories. The object and purpose of this act is to aid in the
restoration of such birds in those parts of the United States adapted thereto
where the same have become scarce or extinct, and also to regulate the intro-
duction of American or foreign birds or animals in localities where they have
not heretofore existed.
The Secretary of Agriculture shall from time to time collect and publish
useful information as to the propagation, uses, and preservation of such birds.
And the Secretary of Agriculture shall make and publish all needful rules
and regulations for carrying out the purposes of this act, and shall expend
for said purposes such sums as Congress may appropriate therefore.
SEC. 5. That all dead bodies, or parts thereof, of any foreign game animals,
or game or song birds, the importation of which is prohibited, or the dead
bodies, or parts thereof, of any wild game animals, or game or song birds
transported into any State or Territory, or remaining therein for use, consump-
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 prevent the im-
portation, transportation, or sale of birds or bird plumage manufactured from
the feathers of barnyard fowl.


LAW PROTECTING WILD ANIMALS AND BIRDS AND THEIR EGGS
ON FEDERAL REFUGES
Act of March 4, 1909, as Amended April 15, 1924

[43 Stat. 98]
SEC. 84. Whoever shall hunt, trap, capture, willfully disturb, or kill any bird
or wild animal of any kind whatever, or take or destroy the eggs of any such
bird on any lands of the United States which have been set apart or reserved
as refuges or breeding grounds for such birds or animals by any law, procla-
mation, or Executive order, except under such rules and regulations as the
Secretary of Agriculture may, from time to time, prescribe, or who shall will-
fully injure, molest, or destroy any property of the United States on any such
lands shall be fined not more than $500, or imprisoned not more than six
months, or both.

HUNTING ON NATIONAL FORESTS

Regulation T-7, effective October 1, 1919, of the Regulations of the Forest
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 animal,
game or nongame bird, or fish, or to take the eggs of any such bird, in violation
of the laws of the State in which such land or waters are situated.
Regulation G-30 authorizes all forest 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.






B.S. 66] LAWS RELATING TO GAME AND BIRDS 13

PROVISIONS OF TARIFF ACT REGULATING IMPORTATION OF
PLUMAGE, GAME, ETC.
Act of September 21, 1922
[42 Stat. 915]

PA. 1419. Feathers and downs, un the ,kiu or otherwise, crude or not
dressed, colored, or otherwise advanced or manufactured in any manner,
not specially provided for, 20 per centum ad valorem; dressed, colored, or
otherwise 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, flowers, and stems or parts thereof, of whatever material com-
posed, 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 specially provided for, 60 per centum ad valuorem; 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 mate-
rial herein mentioned, 60 per centum ad valorem: Provided, That the im-
portation of birds of paradise, 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, 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 dome.,tic fowls
of any kind: Pro ridcd furthlicr, 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 pas-
sage of this act, except as to such plumage or parts of birds in actual use for
personal adornment, and except such plumage, birds, or parts thereof im-
ported 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 im-
ported into the United States prior to October 3, 1913, or as to such plumaze
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
proceed 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
departments 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 desired 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, page 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 shall be made to appear to the collector, or the prosecutinZ officer
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, page 847), or the act of
July 3, 1918 (40 Statutes at Large, page 755), or any other law of the United






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

States. now of force, intended for the protection or preservation of birds within
the United States, it shall be the duty of the collector, or such prosecuting
officer, as the case may be, to report the facts to the proper officials of the
United States, or State or Territory charged with the duty of enforcing such
laws.
Import duties and provisions are as follows:
PAR. 704. A duty of 4 cents per pound is imposed on reindeer meat, venison,
and other game (except birds).
PAR. 711. The duty on live birds (except poultry) is 50 cents each on those
valued at $5 or less, and 20 per cent ad valorem on those valued at more
than $5. [By proclamation of October 3, 1925, the President reduced the duty
on live bobwhite quail valued at $5 each or less from 50 to 25 cents.]
PAR. 712. Dressed or undressed birds (except poultry) are dutiable at 8 cents
per pound, but if prepared or preserved in any manner the duty is 35 per cent
ad valorem. (Paragraph 1419 prohibits the importation of the plumage of
wild birds, so that undressed game birds may only be brought in under a bond
for the destruction of their plumage.)
PAR. 715. Live wild animals, 15 per cent ad valorem.
PAR. 1420. Silver or black fox skins, dressed or undressed, and manufac-
tures thereof, 50 per cent ad valorem; other furs dressed on the skin, not
advanced further than dyeing, 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.
PA&. 1569. The eggs of birds are prohibited from entry, except that eggs of
game birds may be imported free under regulations of Secretary of Agricul-
ture for propagating purposes; specimens may also be imported free for sci-
entific collections.
PAB. 1579. Raw furs and fur skins (except silver or black fox skins), un-
dressed, are admitted free.
PAR. 1668. Natural-history specimens (including wild birds and mammals)
may be imported free for scientific public collections, but not for sale.


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

The importation of bird plumage into Canada for millinery purposes is
prohibited by tariff item 1212 under Schedule C (prohibited 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, wings, 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 peacock;
(c) The plumage of wild birds ordinarily used as articles of diet;
(d) The plumage of birds imported alive; nor to
(e) Specimens imported under regulations of the minister of customs for any
natural-history or other museum or for educational purposes.
Item 1214 under Schedule C (prohibited goods), as added by the customs
tariff nct, effective May 24, 1922, prohibits the entry of the following:
1214. (a) Common mongoose (Hcrpestes griseus) or mongoose of any kind:
(b) Common mynah. Chinese mynah, crested mynah, or any other species of
the sterling family (Sturnidae) ;
(c) Java sparrows, rice bird, nutmeg finch, or other species of the weaver
bird family (Ploceidae) :
(d) European chaffinch (Fringilla coelebs;
(e) Great titmouse (Parus major).
















































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