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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S. R. A.-B. S. 65 Issued April 22, 1"'62

United States Department 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 pub-
lished prior to 1924 in the annual bulletin of the United States
Department of Agriculture on the game laws. Summarized infor-
mation concerning open seasons on game, licenses, bag limits, pos-
session, sale, interstate transportation, and provisions relating to
imported game and game raised in captivity is published annually
in the bulletin above mentioned.



CONVENTION BETWEEN THE UNITED STATES AND GREAT BRIT-
AIN 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 mi-
grations traverse certain parts of the United States and the Domin-
ion of Canada; and

I Signed at Washington Aug. 16, 1916; ratification advised by the Senate Aug. 29. rati-
fied by the President Sept. 1, and by Great Britain Oct. 20; ratifications exchanged Dec-
7; proclaimed Dec. 8, 1916. Constitutionality of the treaty and act of July 3, 1918, sus-
tained by the United States Suprime Court in a decision rendered Apr. 19. 1920, in the-
case of the State of Missouri v. Ray P. Holland (252 U. S. 416) ; see also U. S. r-
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 ''rince Edward Island im
a decision (Michaelmas term, 19201 rended a se of The ng iv. Russell C. Clark.
For full text of the Canadianm. aitur3S rd *e.aTy_ a W*d regulat ons, communicate with
the Commissioner of Cana n i on n- A --T i o
89584-26 .. '






BUREAU OF BIOLOGICAL SURVEY


Whereas, many of these species are of great value as a source of
food or in destroying insects which are injurious to forests and for-
age 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 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
D)oniinions beyond the Seas, Emperor of India, being desirous of
saving from indiscriminate slaughter and of insuring the preserva-
tion of such migratory birds as are either useful to man or harmless,
have resolved to adopt some uniform 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 pleni-
potentiaries:
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 ex-
traordinary and plenipotentiary 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 ,o 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) Anatiidae or waterfowl, including brant, wild ducks, geese, and swans.
era n _s.
(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,
turnstoiie-,. willet, woodcock, and yellowlegs.
(e) Columbidae or pigeons, including doves and wild pigeons.
2. Mi.riatory insectivorous birds: Bobolinks, catbirds, chickadees, cuckoos,
flickers, flycatchers, grosbeaks., humming birds, kinglets, martins, meadowlarks,
nighthawvks or bull-bats, nut-hatches, orioles, robl)ins, 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 inse.cts.
3. Other inigr;itory nongame birds: Auks. auklets, bitterns, fulmars, gannets,
greb1e-, guillemots, gulls, herons, jaegers, loons, murres. petrels, puffins, shear-
\vtrs. and lerns.
ARTICLE II
Thie high contrating powers agree that, as an effective means of preserving
migratory birds there shall be established the following close seasons during
which no huntiiiI sli:ill be done except for scientific or propagating purposes
under lerwiiits issued by proper authorities.
1. The close seasoll oil migratory game birds shall be between March 10 and
Sei-,tel ,Ier 1, (.xcept that the close season on ilie Iimicolae 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 scolters for food but not for sale. The season for hunting
shall be, further restricted to such period not exceeding three and one-half


[8. R.A.







LAWS RELATING TO GAME AND BIRDS


months as the high contracting powers may severally deem appropriate and
define by law or regulation.
2. The c.lse season on minigratry inse(tivorous birds shall] continue through-
out the year.
3. The close season on other nmi.-,'rtory non-I.r-ine birds 41iall continue throul'.h-
out the year, except that Eskimuos and Indians inmay take at any season auks,
auklets. guillemots, murre,. and puffins, and their eggs, for food and their
skins for clothing, but the birds and ('.z. ii takeii shall not be sold or offered
for sale.
ARTICLE III

The high contracting powers agree that dlirinig the period of 10 years- next
following the going into effect of this convention there shall be a continuous
close sea-on 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 clo-e re:ao.ns 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 el(+-where pre-cribed in this
convention for the respective groups to which these birds belong.

ARTICLE IV

The high contrac(tin 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 estalblishninmt 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 is-,ectivorous or nongame
birds shall be prohibited, except for scientific or propagating purpose.-s 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 4he
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 Provimn-, 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 miigratory 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-nalmed 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 shliall 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 shliall lie sliipped. sold, or offered
for sale.
ARTICLE VIII

The high contracting lpowvers agree themselves to take, or propose to their
respective appropriate law-making bodie,;. the necessary measures for insuring
the execution of the present convention.


B. S. 65]






BUREAU OF BIOLOGICAL SURVEY


ARTICLE IX
The present convention shall be ratified by the President of the United
States of America, by and with the advice and c(nsent 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 convention in duplicate and have hereunto affixed their seals.
Done at Washington this 16th day of August, 1916.
[SEAL.] ROBERT LANSING.
[SEAL.] 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 Washington 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.
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,
Secretary 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 coni1ud4,d at Washington, August 16, 1916. and for
other purposes.
Be it enacted by tihe Senate and llois, of ic(pr,'.)r, tai'ireC of the U)iitcd
States of A.imeric'a in Congyrc.. a.siiJ!bhcd, That this act shall be known by the
short title of the Migratory Bird Treaty Act."
SEC. 2. That uiness and except as permitted by regulatiis made as herein-
after provided, it shall be unlawful to hunt, take, capture, kill, attempt to
take, capture or kill, posess, offer for sale, sell, offer to purchase, purchase.
deliver for shipment, ship. caus, to be shipped, deliver for transportation,
transIport, cauie to be transported, c.irry or cause to be carried by any miieans
whatev er, receive for shijmi ent, transportation or carriage, or export, at any
time or in any manner, any 1ni,'airory bird, included in the terms of the con-
vention li,. wc.,c the 'ilted Stat s and (Gir,'t Britain for the protection of
nmir:j1lory birdie, 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-


[S. R. A.






LAWS RELATING TO GAME AND BIRDS


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 e.gg tlihereof,
and to adopt suitable regulations permitting and governing the same. in ac-
cordance with such determinations, which regulations shall lbecume effective
when approved by the Presidenr.
SEC. 4. That it shall be unlawful to ship, transport, or carry, by any mains
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 presence 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
have authority, with a search warrant, to search any place. The several judges
of the courts 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 such ca'e-.
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
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,
shall be forfeited to the United States and disposed of as directed by the
court having jurisdiction.
SEC. 6. That any person, association, partnership, or corporation who shall
violate any of the provisions of said convention or of this act, or who shall
violate or fail to comply with any regulation made pursuant to this act, shall
be deemed guilty of misdemeanor and upon conviction thereof shall be fined
not more than $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 eg..s. if such laws or regulations do not ex-
tend the open seasons for such birds beyond the dates approved by the Presi-
d(lent in accordance with section three of this act.
SEC. 8. That until the adoption and approval, pursuant to section 3 of this
act, of regulations dealing with migratory birds and their nests and es. such
migratory birds and their nests and eggs as are intended and used exclusively
for scientific or propnszatin. purposes may be taken, captured, killed. p-.,,ssed,
sold, purchased, shipped, and transported for such scientific or propngnting
purposes if and to the extent not in conflict with the laws of the State, T(.rri-
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 pn.ka ,:;
containing the dead bodies or the ne-ts or ez.rs of such birds when shipped and
transported shall be marked on the outside thereof so ns accurately and clearly
to show the name and address of the shipper and the contents of the 1)p:cka.k.
SEC. 9. That the unexpended balances of any sums appropriated by the agri-
cultural appropriation acts for the fiscal yeors 1917 and 1918, for eiiforin-
the provisions of the act approved March 4, 1913, relating to the protection of
migratory game and insectivorous birds, are iereby reappropriated and mnde
available until expended for the expenses of c(nrryvin' into effect tlie provisions


B. S. 65]






6 BUREAU OF BIOLOGICAL SURVEY A.

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 dee, necessary, in the District of Columbia and elsewhere,
cooperation with local authorities in the protection of migratory birds, and
necessary investigations connected therewith: Provided, That 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 he invalid,
such judgment shliall 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. Thl;it 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 shi:ll 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, 192:-,. June 11, 1923, April 11, 1924, July 2, 1924, June 22, 1925, March 8. 1926, and
April 22, 1926.]

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:
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, curlews, dowitchers. godwits,
knots, oyster catchers, phalaropes, plovers, sandpipers, snipe, stilts, surf birds,
turnstones, willet, woodcock, and yellowlegs.
(e) Columbidae, or pioeoii,, including doves and wild pigeons.
2. .]Ufritory in.xc'(irorous birds: Cuckoos; flickers and other woodpeckers;
nighthawks or bull-bats and whip-poor-wills; swifts; huminmingbirds; flycatch-
ers; bobolinks, meadowlarks, and orioles; grosbeaks; tanagers; martins and
other swallows; w-ixwinw.s ; shrikes; vireos ; warblers; pipits; catbirds and
brown thrashers; wrens; brown creepers; nuthatches; hicka(lees and titmnice;
kinglets and gnat catchers; robins and other thruslhes; and all other perching
birds which feed entirely or chiefly on insects.
3. Other migratory tnomnime hird.i : Auks, auklets, bitterns, fulmars, gannets,
grelwis, guilleoilots, gulls, hern,, j:aegers, loons, murres. petrels, puffins, shear-
waters, and terns.
[As aicn ided July 9, 1920.]
REGULATION 2.-DEFINITIONS OF TERMS

For the purp),,1ses of tl'-e r.,gulations the following sterns shall be construed,
respec'tively, to mean-
e ccretary.-The Secretary of Agriculture of the United States.
P.r.om.-The plural or tihe singular. as the case demands, including indi-
vi(duals. a-s(ci.i tions, partii('rsliAiis, and corporations. unless the context other-
wise requires.
Tak.-lThe lpursuit, huntin,1. capture, or killing of migratory birds in the
niai er and by the means, specifically permitted.
Open .,i vison.-The time during which migratory birds may be taken.
rrni.i/, r/.--Sl iippiniz. tra- isl ortiing. carryingg exporting, receiving or deliver-
hig for slimijient, transportation, vairiige, or export.






LAWSi RELATING TO GAM.IE AND BIRDS


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 d(log. the use of decoys, and from a blind or floating device
(other than an airplane, powerboat, sailboat, any boat under sail, or any
floating device towed by powerboat or sailboat).
[As amended July 28, 1919, March 3, 1921, and May 17, 1921.]
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 d(lays thereof.
Waterfowl (except wood duck, eider ducks, and swans), rails, coot, gal-
linules, greater and lesser yellowlegs, woodcock. Wilson snipe or jacksnipe,
and mourning doves may be taken each day from half an hour before sun-
rise to sunset during the open seasons prescribed therefore in this regulation
by the means and in the numbers permitted 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 constituting the open season where
killed and for an additional period of 10 days next succeeding said open sea-
son. but no such birds shall be possessed in a State. Territory, or District at
a time when such State, Territory, or District prohibits the possession thereof.
Waterfowl (except irood duck, eider ducks, and .sian.?), coot, ga11Inulcs,
and Wilson snipe or Jack.fnipe.-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. and Nevada 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 IslIand. Connecticut. Penn-ylvania. Illinois, Indiana. Oklahoma.
Utah, Californihi, Idnho, Oregon, and Wan-hinton the open season shall be
from October 1 to January 15:
In that portion of New York known as Long Island. and in New Jersey,
Delaware, New Mexico, Arizona, and thalint portion of Texas lying west and
north of the main tracks of the International & Great Northern Railroad ex-
tending from Laredo to San Antonio, Austin, and Longview. and the Tx;)S &
Pacific Railroad extending from Longview to Marsholl and Texarkana the
open season shall be from October 16 to January 31;
In Maryland, the District of Columbia. Vir.iniia. Kentucky. Tenne-zoe. North
Carolina. South Carolina. Gt,1,rgia. Florida. A.lalin;i. Mississippi. Arkrlll~a<.
Louisiana, and that portion of Texas lyinL east and south of the main tracks of
the International & Great Nortlhern Railriad(l extending frimin Laredo to San An-
tonio. Austin, and Longview, and the Texas & Pacific Railroad extending from
Longview to Marshall and Texarkana the open season shall be from Novenimber
1 to January 31; and
In Alaska the open season shall be from September 1 to Decembier 15.
Rails (c.recpt coot and yagllinules).-The open seasoil for sora ndl other
rails (except coot and gallinules) shall be from September 1 to Novemiber 30,
except as follows:
In Louisiana tlhe open season shall be from November 1 to January 31.
Greater and lesser yellowlc!.y.-The open seasons for greater and les-er yel-
lowlegs shall be as follows :
In Maine, New Hampshire, Massachusetts. Rhode Islamd. Connecticut, New
York, New Jersey, Delaware, Maryland, and Virginia the open se.a-on shall be
from August 16 to November 30;
In the District of Columbia, North Carolina. South Carolina. Tenn,-ie,.
Arkansas. Oklahoma. Texas. New Mexico, Arizona, Calift rnia. and Alaska
the open season shall be from September 1 to December 15;


B. S. 65]







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

In Vermont, Pennsylvania, Ohio, West Virginia, Kentucky, Indiana, Michi-
gaii, Wisconsin, Illinois, Missouri, Iowa, Minnesota, North Dakota, South
Dakota, Nebra.ka, Kansas, Colorado, Wyoming. Montana, Nevada, and that
portion of Washington lying east of the summit of the Cascade Mountains
the open ,eason shall be from September 16 to December 31;
In Utah. Oregon, Idaho, and in that portion of Washington lying west of
the -iiznmit of the Cascade Mountains the open season shall be from October 1
to January 15; and
In Georgia, Florida, Alabama, Mis.ssissil)ppi, and Louisiana the open season
shall be from November 1 to January 31.
IVood(ock.-The open seasons for woodcock shall be as follows:
In Maine, New Hampshire, Vermont, Massachustt-, Rhode Island, Con-
iecticut, New York. New Jersey, Pennsylvania, Ohio, West Virginia, Kentucky,
Indin. Mich igan, Wisc4,1nsin, Illinois, Missuri, Iowa, Minnesota, North
D)akota, 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 C;irolina, Georgia, Florida, Alabama, Mississippi. Tennessee, Arkansas,
Louisiana. Texas, and Oklahoma the open season shall be from November 1 to
December 31.
Dorr,*.-The open seasons for mourning doves shall be as follows:
In Deleware. 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 Texirkana. 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
se:lson 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 Loiiif;Iia 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, and
April 22, 1.2fl.
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
bird,: which numbers shall include all birds taken by any other person who
for hire accompaiiess or assists him in taking migratory birds:
Duck.s (c.rcpt wood duck and eider ducks).-Twenty-five in the aggregate
of all kinds.
G,"''.s.-Eight in the aggregqte of all kinds.
B.'-, nf.-rEight.
RailU intd 11llinuf7.s (except ora and eoot).-Twenty-five in the aggregate
of all kind", but not more than 15 of any one sp.ieies.
.'ora.-Tw, nnty-five.

Grica'lrf fand lo 1oi'rbm..-Fifteen in the iri'egte of both kinds.
W wodf <,'l" =Six.
D,,:'.- ( j riif rnnf; ) .-Twenty-five.
[As amended October '-'.5, 1918, July 2s. 1919, .March 3, 1921, and March 8, 1920.]
REGULATION 6.-SHIPMENT, TRANSPORTATION, AND POSSESSION OF CERTAIN
MIGRATORY GAME BIRDS
Waterfowl (except wood duck. eider duckh. and \vwns), rails, coot. gal-
llnul,-, vr,,.'iter and l(-,sr yello\wle..-;. woodch'k. Wilson snipe or jacksnipe,
and mourning cloves 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 Canada during the open season in the Province






LAWS RELATING TO GAME AND BIRDS


where taken, in any manner, but not more than the number Ihoreof that may
be taken in two days by one lie'rson under thle-e regulations l,1ll be trai,-
ported by one person in one0 calendar week out of the State where tal.ken;
any such migratory game birds or parts t1 hereof in transit during ie op)en
season may continue in transit sucwli additional time immediately succeeding
such open season, not to exceed 5 days. nece.-sary to deliver the snime to their
destination, and may be p(ose-ed in any State, Territory, or District during
the period constituting. the olein season where killed, and for an additional
period of 10 days next succeeding saidl open season; and any pacrkg,1 in
which migratory game birds or parts thereof are transporti shall li:ive the
name and address of the ,hipper and of the consignIee and an accurate state-
ment of the numbers and kinds of birds contained therein clearly and con-
spicuously marked on the outside thereof: but no such birds shall be trans-
ported from any State, Territory, or District to or through another State,
Territory, or District, or to or throuuli a Province of the Dominion of Caii.:ida
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, Territory, or Di.trict, or from any State,
Territory, or District into any Province of the Dominion of CGianaa at a
time when such State, Territory, or District, or Province of the Dominion
of Canada prohibits the possession or transportation thereof.
[As amended October 25, 1918, July 9, 1920, and March 8, 1926.1]
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 pos s(-s and
transport auks, auklets, guillemots, murres, and puffins and their "-< 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 perminttee and may be sold and transported by him for propazanting
purposes to any person holding a permit issued by the Secretary in accordance
with the provisios- of this regulation.
2. A person authorized by a permit issued by the ,Seiretary may posses,,
buy, sell, and transport migratory waterfowl and their increase and eggs in
any manner and at any time for propagating purp,-es ; and migratory water-
fowl, except the birds taken under paragraph 1 of this regulation, so p< ,--(I--.d
may be killed by him at any time. in any manner, except that they may be
killed by sliootinz only during the open season for waterfowl in the State
where killed, and the car.as-es. with leads and feet attached thereto, of the
birds so killed may be sold and transported by him in any iinumir 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 p,,.-ses such carca-s^- for actli.l
consumption without a permit, but no migratory waterfowl killed by shooting
shall be bought or sold unless each bird before attainin- the age of four
week-. shall have had removed from the web of one foot a portion thereof in
the form of a V large enough to make a pernvmeint, well-dtfinmc.I mark. which
shall be siflicient to identify it at- a bird raised in domestication under a
permit.
3. Any package in which such waterfowl or parts thereof or their '..r
are transported ;hall have plainly and consopicuously marked (,? 11i, outside
thereof the name and addri-zs of the permitted, the nimln'ir of his 1,ri-niit.
the name and address of the conignee. and an accurate statement (oK he
number and kinds of birds or eggs contained therein.
4. Applications for permits must be addre.-sed to the Secretary of AMriculture.
Washington. D. C., and mu-t 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


B. S. 65]






10


BUREAU OF BIOLOGICAL SURVEY


[S. R. A.


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
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 species and whether sold alive or dead; and the date of
each transaction. A report setting forth this information shall 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 De-
partment 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 purpl)ose's, but not for millinery or
ornamenii tail purp).ses.
[As amended October 25, 1918, July 9. 1920. April 10, 1923, 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 pmrpon(es when authorized by a permit
issued by the Secretary, which permit shall be carried on his person when lihe
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
ad(ldris 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
ar( intended. Ench application shall be accompanied by certificate. from two
well-known ornithologists that the applicant is a fit person to be intrusted
with a permit.
The permit may limit tle number and spe'ivs of birds, birds' nests or eggs
that maiy be collected thereunder, and may authorize the holder thereof to
p(oses. buy. sell. exchange, and transport in any manner and at any time
migratory birds., parts thereof, and their netst. and eggs for scientific purposes;
or it nmay limit the holder to one or more of these privileges. Public museums,
zoological lpa'rks and societies, nnd public scientific and educational institu-
tionns may pI,-e-'s. buy, sell. exchange, and transport in any manner and at
any time migratory birds and parts thereof and their nests and eggs for
scientific, pIurp(ses 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 anmid 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






B. S. 65]


LAWS RELATING TO GAME AND BIRDS


11


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 Secr'etary 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 dnemuand 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 thereif the
name and address of the sender, the number of the prirmit in every case
when a permit is required, the name and addr,'t- of the consignee, a state-
ment that it contains slwcimnens of birds, their nests, or euvs for scientific
purposes, and, whenever such a pick;age 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 Secret.iry 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 wliat 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, ps:e -
sion. sale. purchase, or translprtation of migratory birds, their nests, and e.-gs
contrary to thlie laws and regulations of any State, or Territory, or District made
for the purpose of giving further protection to mihnratory birds, their nests, and
eg&,s when such laws and regulations are not inconsistent with the convention
between the United States and Great Britain for the protection of migratory
birds concluded August 16, 1916, or the migratory bird treaty 1ct 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 amnd,.d July 9, 1920.]


ORDER
PERMITTING THE KILLING OF BOBOLINKS, COMMONLY KNOWN AS REEDBIRDS OR
RICE BIRDS, WHICH HAVE BECOME SERIOUSLY INJURIOUS TO AGRICULTURAL
INTERESTS
[Issued May 7, 1925]

Information hav-ing been furnished the Secretary of Agriculture tliit bobo-
links, commonly knmwn as reedbirds or rice birds, have ble o.lue .s rionusly in-
jurious to the rice crips )f North Carolina, South Carilina. Geor;i:i, and
Florida. and( an investigation having been duly and re-ul;irly made pursuant
to l;iw, and it having been determined by the Secretary of AXriculture tliat
said birds have become, under extraordinary conditions, seriously injurious
to the rice crops in said States and tlit the injuries so inflicted by them c:1n
not adequately be controlled in the communities immediately affected, and
that tbphey should therefore be killed in the manner, during tlhe seani<. and
in the States and District her(,in-ifter provided,
Now, therefore, I, R. W. Dunlap. Acting Secretary of Agriculture. Imrsualnt
to authority in me vested by the migratory-bird treaty act of July 3, 1918, and
In conformity with regulation 10 of the migratory-bird treaty act regulations






BUREAU OF BIOLOGICAL SURVEY


approved and proclaimed July 31, 1918, do order that until further notice
per-ons mi:y kill by shooting, bobolinks, commonly known as reedbirds or rice
birds., frin hlNlf an hour before sunrise to sunset, from September 1 to October
31, inclu-ive. in the States of Pennsylvania. Delaware, and Maryland, and the
District of Columbia, and from August 16 to November 15, inclusive, in the
States of Virginia, North Carolina, South Carolina. Georgia, and Florida, but
the birds so killed shall not be sold, offered for sale, or shipped for purposes
of sale, or be wantonly wasted or destroyed, but they may be used for food
purposes by the persons killing them, and they may be transported to hospitals
an:md charitable institutions for use as food.
The order of January 17, 1919, permitting the killing of bobolinks is hereby
revoked.
R. W. DUNLAP, Acting Secretary of Agriculture.


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]
Src. 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 Secretary of
Agriculture may from 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, 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: Prorided, That
nothing in this section shall restrict the importation of natural-history speci-
mens for museums or scientific collections, or of certain cage birds, such as
dompesticated canaries, parrots, or such other birds as the Secretary of Agri-
c(ulture may designa-nte. The Secretary of the Treasury is hereby authorized to
make regulations for carrying into effect the provisions of this section.
Src. 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 anim'als 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 Strte. Territory, or District in which the s. me were killed, or from
which tfhey were shipped: Proridrd. That nolhing herein shall prevent the
tr:insportation of any dead birds or animals killed during the season when the
samon mny be lawfully captured, and the export of which is not prohibited by law
in the Staite. Territory, or District in which the snmeo are captured or killed:
Proridrd further, T i:t nothing herein zh:ill prevent the importation., trans-
port ,ition. or sale of birds or bird plumage manufactured frmn the feathers
of lirnv:ird f,,vls.
Src. 243. All l'ank i es containing the dead bodies, or the plumage, or parts
thereof, of g:.ime animals, or u:inie or otlier wild birds. when shipped in inter-
st:ite or foroimn commerce, sAlfll he plainly and clearly marked, so that the
nmin'- and address. of the shipper and the nature of the contents may be readily
a.,r,'rt:1,iied1 on nn inzpection of the outside of such p:i S.:c. 244. For eaP'h evasion or violation of nny provision of the three sections
last preceding, the shipper slihll le fined not more lthan $200; the consignee
knowvinly receiving such articles so shipped and transported( in violation of
said sections shall be fined not more thain $200; and the carrier knowingly
2 Spee sc. 4 of the mirntory-hird trentv nact. p. 5, which supersedes this part of the
Iacey Act relative to the Interstate transportation of wild birds.


12


LS. R. A.






I AWS RELATING TO GAME AND BIRDS


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
[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
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. 91S]
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 tined not more tlian $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 .ame animal,

3 Sees. 2. 3. and 4 superseded by secs. 241-244 of the Crimiinal Code, act of Mar. 4. 1909
(35 Stat. 11::;).


13


B. S. 65]






BUREAU OF BIOLOGICAL SURVE."


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
regulation and also to cooperate with State or Territorial officials in
the enforcement of local laws for the protection of birds, fish, and
game.

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

PAR. 1419. Feathers and downs, on the skin 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 other-
wise 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 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 specially provided for, 60 per centum 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 material herein men-
tioned, 60 per centum ad valorem: Provided, That the importation 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 pro-
hibited; 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: Provided
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 actual use for personal adornment, and
except such plumage, 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 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 prose-
cution, overcome the pr's.miption of illegal importation and est;ihlish that the
birds or articles seized, of like kind to those mentioned the importation of
which is prohibited as above, were imported 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 Governmeits 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 edlucationail piurp)oses,
they shAill be destroyed.
That nothing in this act slhaill be construed to repeal the provisions of the
act of March 4, 1913, chapter 145 (37 Statutes at Large. page 847), or the act


14


[S. R. A.






B. S. 65] LAWS RELATING TO GAME AND BIRDS 15

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 been made, it shall be made to appear to tlie collector, or the prosecuting officer
of the Government, as the ca-e 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
States, now of force, inteiided for the protection or preservation of birds within
the United States, it shall be the duty of the collector, or such pro-ecuting
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 ea.h 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 mnay 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 blac(.k 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 pr(Jfit
are admitted free.
PAR. 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.
PAR. 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 PLUM-
AGE, MONGOOSES, AND CERTAIN BIRDS

The importation of bird plumage into Canada for millinery pur-
poses 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) Tihe 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.






BUREAU OF BIOLOGICAL SURVEY


[S. R. A.-B. S. 651


Item 1214 under Schedule C (prohibited goods), as added by the
customs tariff act, effective May 24, 1922, prohibits the entry of the
following:
1214. (a) Common mongoose (Herpestcs griseus) or mongoose of any kind;
(b) Common mynah, Chinese mynah, crested mynah, or any other species of
the starling family (Sturnidae);
(c) Java sparrows, rice bird, nutmeg finch, or other species of the weaver
bird family (Ploceidae) ;
(d) European chaffinch (Fringilla coeleb.);
(e) Great titmouse (Parus major).

UNiVERSITY OF FLORIDA


31 262 09218 III5 III55 **
3 1262 091


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