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

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Migratory-bird treaty-act regulations and text of Federal laws relating to game and birds
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U.S :r'OSITORY
S. R. A.-1B31'. 69. Issued October, 1927.

United States Department of Agriculture

BUREAU OF BIOLOGICAL SURVEY

SERVICE AND REGULATORY ANNOUNCEMENTS

MIGRATORY-BIRD TREATY-ACT REGULATIONS AND TEXT
OF FEDERAL LAWS RELATING TO GAME AND BIRDS1



CONTENTS
Page
Migratory-bitd treaty-act regulations----------------------------------------- 1
Convention between the United States and Great Britain for the protection of migra-
tory birds in the United States and Canada--------------------------------- 7
Migratory-bird treaty act--------------------------------------------------- 10
Lacey Act, regulating interstate comnrit-rce in gamip----------------------------- 12
Law protecting wild animals and birds and their eggs on F'deral refuges---------- 13
Regulations governing hunting on national forests------------------------------ 13
Fires on the public domiain-------------------------------------------------- 13
Provisions of tariff act regulating importation of plutiinne, game, etc------------ 14
Canadian tariff act prohibiting importation of pluiini:igp. mongooses, and certain
birds------------------------------------------------------------------- 15



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 1S, 1926, and April 4 and 21 and September 6, 1927]

Regulation 1.-Definitions of Migratory Birds
v
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 coo(ts, 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 bird-': Cucknos; flickers and other woodpeckers:
nighthawks or bull-bats and whip-poor-wills; swifts; hummingbirds; flycatch-
ers; bobolinks, meadowlarks, and oriole<: grosbeaks; tanagers; martins and
other swallows; waxwings; hlirikes; viros; 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.

1 Summarized information concerning open seasons on game, licenses, bag limits, pos-
session. sale, interstate transportation, and provisions relating to imported g:piinp and
game raised in captivity is published in the annual Farmers' Bulletin of the Unit.d States
Department of Agriculture on the game laws, which may be had from the department
upon request.
65920-27







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

3. Other mnigratory )noiiganic bird,: Auks. auklets, bitterns, fulmars, gannets.
grebes. guillemniots, gulls, herons, jaegers. loons, minurres, petrels, puffins, shear-
waters. and terns.
[As a'nended July 9, 19'20.]

Regulation 2.-Definitions of Terms

For the purpo4e.s of these regulations the following terms shall be construed.
respectively, to Inean-
urvfltury.-The Secretary of Agriculture of the United States.
P'rcsoii.-The plural or the singular, as the .ase demands, including indi-
viduals. associations. partnerships. and corporations, unless the context other-
wise requires.
Takc.-The pursuit, hunting, capture, or killing of migratory birds in the
)manner and by the means specifically permitted.
0p( in scxon.-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 ji.hereof may be taken
during the open season with a gun only, not larger than No. 10 gauge, fired
from the shoulder, except as specificallyy 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-
bot, sailboat, boat under sail, floating device towed by powerboat or sail-
bi; it. 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, M3y 17, 1921, and April 4, 1927.]

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

For the lpurlpse of this regulation, each period of time herein prescribed as
an open se;tason shall be construed to include the first and last days thereof.
Waterfowl (except wood duck, eider ducks, and swans), rails, coot, gal-
linules, woodcock, Wilson snipe or jacksnipe. and mourning doves may be taken
vacli d;ly 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-
mintted by regulations 3 and 5 hereof, respectively, and when so taken may be
pjs-.-ssid any day in any State, Territory, or District during the period con-
stituiting the open season where killed and for an additional period of 10 ,lays
iiext succeeiling said open season, but no such bird shall be posses,,ed in a State.
Territory, or District at a time when such State, Territory, or District prohibits
the possession thereof.
1l'af rfowl ( 's'pt Wirood duck, rider di(k.x, ind sirai.s), coot, gallinlr'c,
and W il.oi .n ipY0 or jerl.-xitip'.-The open sea ,,ns for waterfowl (except wood
duihk. eider dueks, and swans), coot, gallinules, and Wilsin snipe ,ir jacksnipe
shall be a follows:
In Maiinc, New Il,.,mpshire. Vermont. Ma:ss.aclhusetts (except in Nantucket
Si dl DuIk"- Comnties), Ohlio, Wet Virgini;a. Michigan. Wisconsin. MIinnesota,
lIiwa. Missouri. North Dakota. South Dakota, Nebraska. Kansas, Colorado.
Wyominmg. Montana. N'evada. and thaint portion of Idaho comprising the counties
of BoIul idary, Bian er, Koolemnai. Benewah, ;and Shlslmoie the open season shall
Iw. from Selptci .,r 16 to December 31;







LAWS P ELATING TO GAME AND BIRDS


In New York (except Long Island) tlih open st'a-,in shall be from S',ptenimber
24 to January 7;
In that portiii (if Massachusetts known as Nantucket and Duk-,, C(u1n1tie.z.
and in Rhode Island. Connecticut, Penisylvwii;a, Indiana. Illinois. Oklahi,,;i,
Utah. Idaho (except in the counties, of Boundary, Bonier, Kootenii, IBenewa h,
and Sh'lhone), California, Ore!on. andl Wa-hi.ngton the open season -hall be
from October 1 to Januiry 15;
In that portion of New York known as Loing I-1; id. and in New Jersey,
Delaware, New Mexico, Arizotina, that portion of Texas lying west ;lnd north of
a line bIeginning on the Rio Grande River directly west of the town of Del Rio,
Texas; thence east to the town of Del Rio; theice easterly following the center
of the main track of the Southern Pacific Railrond through the towns of
Spofford. Uvalde. Hontdo,; thence to the point where the Southern Pacific
Railroad crosses the I. & G. N. R. R.. at or near Sani Antonio; tlhence following
the center of the track of said I. & G. N. R. R. in an easterly direction, to the
l)oint in the City of Austin, where it joins Congress Avenue, inear the I. & G. N.
R. R. depot; thence across said Co(ngress Avenue to the center of the main track
of the H. & T. C. R. R. where said track joins :s;id Congres- Avenue, at or near
the H. & T. C. R. R. depot; lthei'e folhinig the center line of thle tr i,.k of
said H. & T. C. R. R. in an easterly direction through the towns of Elgin,
Giddings. and Brenih;iinm, to the poitit where said railroad cr,'sse, the Brazos
River; thence with the center of said Bra zio River in a general northerly
direction, to the point on said river where the Beaumont branch of the Santa
Fe Railway crosses the same; thence with the center of the track of the said
G. C. & S. F. R. R., in an easterly direction through the towns of Nav;i;,ota.
Montgomery, and Conroe. to the point at or near Clevelahnd, where said G. C. &
S. F. R. R. crosses the Houston. East and West Texas Railroad; thence with
the center of said H. E. & W. T. R. R. track to the point in said line, where
it strikes the Louisiana line, the open season shall be froi October 16 to
January 31; and in that portion of Texa< lying south and(l east of the line
above described the open season shall be from Novemnlber 1 to January 211;
In Maryland, the District of Columbiai, Virginia, Kentucky, Teniinessee, North
Carolina, South Carolina, Georgia. Florida, Alabama. Mississippi, Arkzm isas. and
Louisiana. the open season shall be from November 1 to January 31; and
In Alaska the open season sha'l be riom September 1 to December 15.
Rails (ex'ccpt coot and yalli uh1'.'c.)-Tlie 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 lc.efer iet7owirlee,..-There shall be a continues close season on
greater and lesser yellowlegs until August 16, 1929.
Woodcock.-The open seasons for woodcock shall be as follows:
In Maine. New Hampshire, Vermont, Massachusetts, Rhode Island, Con-
necticut, New York, New Jersey, Pennsylvania, Ohio, West Virginia, Kentucky,
Indiana. Michigan. Wisconsin. Illinois, Missouri, Iowa, Minne-sota, North Da-
kota, Smuth Dakota, Nebraska. and Kaiists the open sea-,,n shall lie from
October 1 to November 30; and
In ID)elawarie, Maryland. the District of Columbia, Virg.inia. North Carolina.
South Carolina. Georgia. Florida. Alaihbaina. Misissiippi. Teimnne-see. Arkan-as.
Louisiana. Texas. and Oklahoma lthe opell season shall be from November 1 to
December 31.
Dorc..-The open .as'ns for mo4urninig doves -liall be as follows:
In D-laware, Marylanid. Virginia. North (Cnrolini :. Tenes-ee,. Kentucky. Ohio.
Indiaia. Illinois. Mlinnesta, Nelhira-ka. Kan'-as. Missiouri. Arkasas. (klaihoma.
New Mexico, Colorado, Utah, Ariz, iw. Califorrnia. Nevada. Ida h,, Ore--,1ii. that
)poriion of Texas lying west and north of a line beginning on the Rio Grande
River directly west of the town of Del Rio, Texa.. ; thence e;it to the town of
Del Rio: thence easterly followviin,- the center of the maiii track of the S8,uthern
Pacific Railroad through the towns of Spoff,,rd, Uvalde. Hondo: tlhn,.ce to tle
point where the Southern Pacific Railr, a(l cr(sI-es the I. & G. N. R. R., at or
near San Antonio; tliuencm.t fi fllowilig the center of the tra,.k of 1aid I. & G.
N. R. R. in an easterly direction to the point in the City of Au-tin. where it
joi dns Congre-s Avenue. near the I. & G. N. R. R. depot; tlin.cc atrs said
Congress Avenue to the center of the main track of the H. & T. C. R. R. wlhiri-t
said track joins said Cwgoress Avenui. at or n)ear the H. & T. C. R. R. dci'ot:
thence following the center line of tihe tr;ck of -;id H. & T. C. R. R. in an


B. S. 68]







BUREAU OF BIOLOGICAL SURVEY


easterly direction through the towns of Elgin, Giddings, and Brenham, to the
point where said railroad crosses the Brazos River; thence with the center of
said Brazos River in a general northerly direction, to the point on said river
where the Beaumont branch of the Santa Fe Railway crosses the same;
thence with the center of the track of the said G. C. & S. F. R. R., in an
easterly direction through the towns of Navasota, Montgomery, and Conroe, to
the point at or near Cleveland, where said G. C. & S. F. R. R. crosses the
Houston, East and West Texas Railroad; thence with the center of said H. E. &
W. T. R. R. track to the point in said line, where it strikes the Louisiana line,
the open sea son shall be from September 1 to December 15; and in that portion
of Texas lying south and east of the line above described the open season shall
be from November 1 to December 31;
In South Carolina, Georgia, Florida, Alabama, and Mississippi the open
season shall be from October 16 to January 31; and
In Louisiana the open season slihall be from November 1 to January 31.
[As amended October 25, 1918, July 28, 1919. July 9, 1920, Mny 17, 1921, March 8,
1922, June 11, 1923, April 11, 1924, July 2, 1924, June 22, 1925, March 8, 1926, April
22, 1,21;, June 18, 1926, and April 4 and 21 and Seiteinber 6, 1927-.]


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 exceptt wood duck and cider dureks).-Twenty-five in the aggregate
of all kinds.
Geese.-Eight in the aggregate of all kinds.
Bran t.-Eight.
Rails and gallinulcs (except sora and coot).-Twenty-five in the aggregate
of all kinds, but not more than 15 of any one species.
Sora.-Twenty-five.
Coot.-Twenty-five.
Wilson snipe or jacksnipc.-Twenty.
Woodcock.-Four.
Do ves (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 (loves and parts
thereof legally taken may be transpl)orted in or out of the State where taken
(luring the respective open seasons in that State, and may be imported from
Canada 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
person under these regulations shall be transported by one person in one
caleind;ir week out of the State where talken; any such migratory game birds
or parts thereof in transit (luring the open season may continue in transit
such additional time immediately succeed ing such open season, not to exceed
5 days, necessiiry 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 addlitional period of 10 days next succeeding
said open season; and any package in which minUrntory game birds or parts
thereof are transported shall have the name and address of the shipper and
of the (.consijiee and an accurate statement of the numbers and kinds of
bird- contained therein clearly and conspicuously marked on the outside
therieof; but no such birds shall be tr.-inspirted from any State, Teritory,
or District to or through another State, Territory, or District or to or through
a Province. of the Dominion of Canamda cmlrnry to the laws of the State,
Territory, or District, or Province of the Dominion of Canad:a in which they
wern ta wk'i or from which they are tran iporte(d; nor shnll any such birds


[S. R. A.






B. S. 68] LAWS RELATING TO GAME AND BIRDS 5

be transported into any State, Territory, or District from another State, Terri-
tory, or District, or from any State, Territory, or Distric-t 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 poss_.s-: 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 maiy be postsessed
by the permitted and may be sold and transported by him for propagating
purposes to any person holding a permit isued by the Secretary in aecordnnce
with the provisions of this regulation.
2. A person authorized by a permit issued by the Secretary may possess,
buy, sell, and transport migratory waterfowl and their in<'rease and rgg in
any manllner and at any time for propI.aating purposes; and nmigratory wiater-
fowl, except the birds taken under paragraph 1 of this regulation, so po-sessed
may be killed by him at any time, in any rnanner, 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 minanner and at
any time to any person for actual consumption, or to the keeper of a hotel,
restaurant, or boarding house, retail dealer in me;it or ganme, 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 agn of four
weeks shall have had removed from the web of one foot a portion there in
the form of a V large enough to make a periuainent, 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 le:ised by the appli-
cant; number of each species of waterfowl in possession of applicant; n mtnios of
species and number of birds or e*gas 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 per- on granted a permit under this regulation shall keep books and
records which shall correctly set forth the total number of each spec-ieo of
waterfowl and their e.gs pos-essed on the d:ite of application for the permit
and on the 1st day of och January next following; also for each c.lndiir
year during the life of the permit the total number of oach species retired and
killed, number of each species and their egs sold and transported, imannur in
which such waterfowl and eugs were transporte,1. inme and addr,-, of va;.h-
person from or to whom waterfowl and eggs were purcliased or sold, together
with the number and species and whether sold alive or dead: and the date of
each trmiiisiction. A report setting forth this infiirinmtion slihll be annually
furnished the Secretary during the month of January for the preceding cal-
endair year.






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

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 permnittee relating thereto.
7. A permit issued under this regulation shall be valid until revoked by the
Secret; ry unless otherwise specified therein, shall not be transferable, and
may be revoked by the Secretairy, if the perinittee 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 is 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 wvaterfowl 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 inattresse-. and for similar commercial lurptoses, but not for millinery or
orna emftail purpo ss.
[A.s 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 purposes when authorized by a permit
issued by the Secretary, which permit shall be carried on his person when he
is collecting specimenis thereunder and shall be exhibited to any person re-
questing to see the samine.
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. E;ich application shall be ac,'mnpanied by certificates from two
well-knownl 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
ps-,-ss, buy, sell, exchange, and transport in any manner and at any time
migratory birds, parts thereof, and their iest- 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 )posess, buy, sell, exclihnge. 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 specimnens shall be taken without
a permit. The plumage and skins of mligratory gamine birds legally taken may
be po-ses: :ed and transported by a person without a permit.
A taxidermist, when authorized by a permit issued by the Secretary. may
pos--IS. buy, sell, exlchangie. and transport in any manner and at any time
migratory birds and p;irts thereof l(.g-lly taken, or he nmay be limited to one
or more of lie.-i, privileges.
EL.;chli l)permit shall be vilid until revoked by the Secretary unless otherwise
.'-ified therein, shall not be transfcr;lble, and slihall be revocable at the dis-
cri t'on of the Ser(,tary. A permit duly revoked by the Secretary shrill be
-..'TIr'nd,',ed to him by the pe('rsin to whom it was issued, on demand of any
emliployee of the United States Del)pirininti of Agriculture duly iitlihorized
to enf(,.rce. the provisons of the lniiirntrry bird treaty act. A persoi holding
a permit slfi:ll remp1rt a1nn1ally to the Secretary on or before the 10th d(iy of
January durii :i. the life of the permit the, nulmer of skins. ness, or eggs. of
each species' (.ollecte(.d, bouglit, sold, ex(chaniged, or transported durinllu the
lprecedilg calendar year.






LAWS RELATING TO GAME AND BIRDS


Every package in which migratory birds or their nests or eggs are tralns-
ported shall have clearly and (conspicuomisly marked on the outside tlher if the
name and address of tlhe sender, the imnuber of the permit in every case
when a permit is required, the name and address of the cons.igner. a sta)te-
iient that it contains specimens of bird-. their nests, or eggs fr scientific
purlloses, and, whenever suih-h a package is transported or (offlertd for trans-
p)ortation from the Dominion of Canada into the United States or f'rom 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, 11123.]

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 asrii:ul-
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
milne.

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 ne-ts, and eggs
contrary to the laws and regulations of any State, or Territory, or District
made for the purpose of giving further protection to migratory birds, their
nests, and eggs 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 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.]



CONVENTION BETWEEN THE UNITED STATES AND GREAT BRITAIN
FOR THE PROTECTION OF MIGRATORY BIRDS IN THE UNITED
STATES AND CANADA2
[:'-9 Stat. 1702]

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

Whereas a convention l)between the United States of America and the United
Kingdom of Great Britain and Ireland for the protection of minizi'-aitory birls
in the LUnite(l States and C;Onada was concluded and signed by their 1-.-,lective
plenipotentiaries at Washington on the 16th day of August, 1916, the ori-i-inal
of which convention is word for word as follows:
Whereas many spl)ecies of birds in the course of their annual migrations
traverse certain parts of the United States and the Dominion of Cai);id;i ; and
Whereas many of these species are of -rneat value as a source of food or
in destroying insects which are injurinimis to forests and forage plants on tlhe
public domain, as well as to agricultural crops, in both the United States
and Canada, but are nevertheless in (langer of extermination through lack of
adequate protection during the nesting seasimn or while on their way to and
from their breeding grounds;

2 Signed at W;ashinston. Aug. 16, 1916; ratification advised by the Senate .A-i. 290, rati-
fied by the President Sept. 1, and by Great Britain Oct. 2(); ratificntions exchang .d Dec.
7; proclaimed Dec. 8, 1916.


B. S. 68]






BUREAU OF BIOLOGICAL SURVEY


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 Indi;a, being desirous of saving from indiscriminate
slaughter and of insuring the preiservation 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
plenipotentiaries:
The President of the United States of America, Robert Lansing, Secretary
of State of the United States; and
His Britaunic 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, s;indhill, and whooping cranes.
(c) Rallidzie or rails, including coots, gallinules and sora and other rails.
(d) Limicolae or shorebirds, includiniL avocets, curlew, dowitchers, godwits,
knots, oyster catchers, plhalaropes, plovers, sandpipers, snipe, stilts, surf birds,
turnstlnles. willet, woodcock, and yellowlegs.
(e) Colunibid;ie or pigeon-. including doves and wild pigeons.
2. Migratory insectivorous birds: Bobolinks, catbirds, chickadees.-. cuckoos,
flickers. flycatchers, grosbeaks. humming birds, kinglets, martins, meadowlarks,
ni ltlaiwks or bull-bats, nut-hatches, orioles, robins, shrikes, swallows, swifts,
t; iingers, titmice, thruslhes, vireos, warblers, wax-wings, whippoorwills, wood-
pc.kers, and wrens, and all other perching birds which feed entirely or chiefly
on insects.
3. Other migratory nongame birds: Auks, auklets, bitterns, fulmars, gannets,
gree's, guillemots, gulls, herons, jaegers, loons, hiurres, petrels, puffins, shear-
wNi ter-. and terns.
Article II

The high contracting powers agree that, as an effective means of preserving
migratory birds, there shall be e-tablished 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 cl'.,e season on migratory game birds shall be between March 10 and
Sep1*ember 1, except that the close season on the Limicolae or shorebirds in the
Maritinme 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 bp'tween February 1 and August 15. and that Indians may
take at any time sc, ters for food but not for sale. Thie seas on for hunting
sill1 be further restricted to such period not ex-ceeding three and one-half
miinthlis as the high contracting powers may severally deem appropriate and
define by law or ro.'ulation.
2. The cli,, season on migratory iisectivirous birds shall c continue through-
out the year.
3. The c i. e season on other iiii.ratory nongame birds shall continue throu-h-
out the year. except that Eskimios and Indians imay take at any seas, n auks,
auklei-. _"uillemots, murres, aind puilin-, and their eggs, for food ain skins for clothing, but the birds and e.,s so taken shall not be s,,ld or offered
for sale.
Article III

The higlh contrl,-1i(,ig powe*,r agree that during the period of 10 yci:rs next
folloxIwi-g tlie ,iii" into .fl'et of this convention there shall be a continues
i lose '-eI-in on thie follwiiig mni,,r:i1tory ,anino birds, to wit:
l'and-l il (ed pigeons, little brown, aindhill. and whoo)ping cranes.q, swamns. cur-
low, and :il! shorebirds (,\c(ept Ilie Ii1:icl-bre:isted and golden plover, Wilson or


[S. R. A.






LAWS RELATING TO GAME AND BIRDS


jack snipe, woodcock, and the greater and lesser yellowlegs); provided that
(luring 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 dntes and limitations elsewhere prescribed in this
convention for the respective groups to which these birds belong.

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 esta;lblishment of refuges, or (3) by
such other regulation-z as may be deemed appropriate.

Article V

The taking of nests, or eggs of migratory game or insectivorous or nongame
birds shall be prohibited, except for scientific or propagating puri)poses under
such laws or regulations as the high contracting powers may severally deem
a ipp ropriate.
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 eg-,s
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 eg.s of migratory birds transported, or
offered for transportation from the United-States into the Dominion of Canada
or from the Don-miniin 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
tor sale.
Article VIII

The high contracting- poWer., agree them-elves to take, or propose to their
respective appr opiriate law-makin r bodie-. the necessary measures for insuring
the execution of the present convention.

Article IX

The present convention shall be ratified by the Preideznt of the United States
of America, by and with the advice and co(nsi-nt 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 exvl-h:ige
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 exI)iration of said period of 15 years of its intention of termihioting
its operation, the convention slhdll continue to remain in force for 1 ye:mr and so-
on from year to year.
In faith whereof, the respective plenipotentiarie- have signed the present con-
vention in duplicate and have hereunto affixed their seals.
Done at Washington this 16th day of August. 1916.
[SEAL.] ROIRT LANSING.
[SEAL.] CFCIL SPRING RITE.


B. S. 68]







10


BUREAU OF BIOLOGICAL SURVEY


[S. R. A.


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;i, have caused the said convention to be made public, to the
end that the same and every article and clause th, reof may be observed and
fulfilled with good faith by the United States and the citizens thereof.
In testimony whereof I have hereunto set my liand and caused the seal of
the United States to be ntfixed.
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 ACT3
[Approv' d July 3, 1918. 40 Stat. 755]
An Act to give effTe.-ct to the convention between the United States and Great Britain for
the protection of migratory birds concluded(l at Washingtonii, August 16, 1916, and for
other purposes.

Be it enacted by the Senate a(id House of Repr< .s'cntatirr's of the United State&
of Amiriva in Congrc.'sr 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
letveeni 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.
SiC,. 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, alunda nce, 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 coinpatile with the terms of the colnlvention to allow
hunting, taking, capture, killing, p,,ssession, 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-
eordance with such determinations, which regulations shall become effective
when apIl)'red 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
p;,i't, nes.t, or vg- 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 wa, shipped, trans-
ported, or carried. It shall be unlawful to import any bird, or any part, nest.
or thZg thereof, captured(l, killed, taken, shipped, transported, or carried con-
trary to the laws of any Province of the Dominion of Canad(la in which the
-anie wn- captured, killed, or taken, or from which it was shil)ped, transported,
or carried.

a( onstiutionality of the treaty and act of July 3, 1918, suistained by the UFited
States Supreme '< iUt: in a decision riidiii-rd Apr. 19, 11)211. in the case o(f the State of
Missouri v. Ray I. Hlolland (2752 U. S. 416); see also U'. S. v. Lumpkiu (276 F'd. 5-SO).
ir;iiilni by ,an act of PIarliament 2appr\u Aii. .. 1917, gave full effect to the treaty
and priiii mi ,1ed rii.ld;tlions thlr,'iiii, lr I :iy 11, 1918. "rhe, validity of the act of the
)aiiiiiiiii Parliament was upheld liy the Sipripi,1, Court of l'rin',, Edw'ard Isl:nid in a
decision (Michaelnias term, 1!1211) r,,n,',li'r. in the case of Tho Kin,- v. uti-4. vll C. Clark.
For full text of the ('Cai, li:iin IidiLr;ltory-bird tr1 ty net anid ri.il.ltionl, communicate with
Iho C(vommiissioner of 4 ina diiii N:ltional Parks. Ottawa, Ontario.






B. S. 68] LAWS RELATING TO GAME AND BIRDS 11

SEC. 5. That any eiiipl(iyee of the Depa;urtmient of Ariculture authorized by
the Secretary of Agriculture to enforce the prnvisioli, of this ;cr shall li;ive
power, without warrant, to arrest any peron commuitting a violation ,f this act
in his presence or view and to take such person immediately for xaziiimiation
or trial before an officer or court of competent jurisdiction; shall have power
to execute any warrant or other procs-- issued by an officer or court of com-
petent jurisdiction for the enforcement of the provisions of this act; and -ball
have authority, with a search warrant, to sear-ch any place. The several judges
of the courts established under the law- of the United States. and United
States commi.-sio,! ers may, within their repe.ciive jurisdictioj-,. upon lr,,per
oath or affirmation slowing prliballe cau-e, is-ue warrants in all -suel.i ea.-ez.
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 :eized 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 sami
were captured, killed, taken, shipped, transported, carried, or p,-sess.,d co.i-
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 conventit,4n or of tlii, act, or who shall
violate or fail to comply with any regulation made pursuant to this act, -hall
be deemed guilty of nmisdeimeanor and upoin 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 cmonstruied 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 (1do 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 ald approval, 1,ur-uat 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
fonr scientific or pro pagatin-g purpostes may be taken, captured, killed, ipo--essed.
sold, purchased, shipped, and transported for such scientific or jiropagating
purposes if and to the extent not in conflict with the law- of the State, Terri-
tory, or District in which they are taken, captured, killed, posse-sed, sold, or
purchased, or in or from which they are shipped or transported if the packages
containing the dead bodies or the nests or eggs of such birds 'when shipped and
transported shall be marked on the outside there if 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 appropri;ition act-; 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 payminent 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: Provid:. d, That no person who
is subject to the draft for service in the Army or Navy shall be exempted or
excu.led from zuili service by reasin of his employment under this act.
SEC. 10. That if any clause, sentence, paragraph, or part of this act shall, for
any reason, be a(lju(lged by any court of co(mipetent jurisdiction to be invalid,
sucli judgment shall not aff',(ct. inip)air, or invalidate the remainder thereof, but
shall be confined in its operation to the clause. -enitev'ev, panarallaph. or part
thereopf directly involved in the coint ro('ver y in which such judmen lt :hall 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 lbreedinlg of
migratory game birds on farms and preserves and thie -ale of birds so bred un-
der proper regulation for tlhe purpose of increasing the food supply.
SEC. 13. That this act shall become effective immediately upon its pa;ssage
and approval.






12


BUREAU OF BIOLOGICAL SURVEY


[S. R. A.


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. 11.17]

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 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: Pro.ided, That
notliin, in this section shall restrict the importation of natural-history speci-
mens for museums or scientific collections, or of certain cage birds, such as
domesticated canarie,. 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 section.
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,4
where such aniiials, or birds have been killed or shipped in violation of the laws
of the State, Territory, or District in which the ;amie were killed, or from
which they were shipped: Provided. That nothings herein shall prevent the
transportation of any dead birds or animniale killed during the season when the
same may be lawfully captured, and the export of which is not prohibited
by law in thle 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 lpacka-aes 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 markedly, so that the
-nawme and address of the shipper and the nature of the contents may be readily
a,',.rtained on an inspection of the outside of such pilek~ie.
SEC 244. For each evasion or violation of any provision of the three sections
la-4 preceding, the shipper shall be fined not mrore than $200; the consignee
knowingly receiving such articles so shipped and transported in violation of
said sections shall be fined not more than $200: and the carrier knowingly
carrying or transporting the s-,me in violation of said sections shall be fined
not more than $200.


Sections 1 and 5-Act of May 25, 1900
[31 Stat. 187-188]

Thlat the duties and pow\vrs of the Department of Agriculture are hereby
ila :,em,,l so as to inlude the preeiwrvation, distribution, introduction, and
rnt,'4ration of gtame birds and oth r wild birds. The Secretnary of Agriculture
is hereby authorized to adopt such measures as imy be nece.e- ary to carry out
tlhe lp,,pi.s of this act and to purcli:isw such ;riine birds and other wild birds
a:- miay be required tlii'ni.,r, subject, hov.e'er, to the laws of tie various
State and Territori s. The object and purl)p.so of this act is to aid in the
re
4 S(-( soc. 4 of 1ih mi f-,ifory-1ird trenily act, p. 10. which supersedes 11iik piart of the
Lac(yv Act re'lative to the interstate transportation of wild birds.
: Sees. 2, 3, :uid 4 .sili,..-.l d.1 by sees. 241-244 '.f the Criminal Code, act of .Mar. -1, 1909
(35 Stat. 1137).






B. S. 68] LAWS RELATING TO GAME AND BIRDS 13

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 prop:ligation. uses, and preservation of such birds.
And the Secretary of Agriculture shall make and publish all needful rules
and regulations for carrying out the purpose of tlii- 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 lird-, the importation of which is prohibited, or the de.al
bodies, or parts thereof, of any wild game annimal. or game or song lbirds
transported into any State or Territory, or renimmining tliercin for use. (;Iminip-
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 s:inmi
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 prev%-nt the nim-
portation. transportation, or sale of birds or bird plum;ige manufnactur.il 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-
rmation. or Executive order, except under such rules and regulations as the
Secretary of Agriculture may, from time to time, prescril)e, 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 F,,rest
Service relative to National Fore-ts, provides as follows:
The following acts are probihited on lands of the United Statesowithin
national forests:
The going or being upon any such land, or in or on the waters thereof, with
intent to hunt, catch, trap, willfully disturl, 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 authrize- all forest officers to enforce the above regula-
tion and also to cooperate with State or Territoiiial officials in the enforcement
of local laws for the protection of birds, t-li, and game.


FIRES ON THE PUBLIC DOMAIN

Criminal Code-Act of March 4, 1909
[35 Stat. 1098]

SEC. 52. Whoever shall willfully set on fire, or cause to be set on fire, any
timber, underbrush, or grSs upon the public domain, or shalll leavr or suffer
fire to burn unattended near any timber or other inflimm;ible material, shall
be fined not more than $5,000, or imprisoned not more than two years, or both.






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

SEC. 53. Whoever shall build a fire in or inear any forest, timber, or other
inflaimiiable nimaterial upioIn the public domain shall, before leaving said fire,
totally extinguish the same; and whoever shall fail to do so shall be fined
not more th;iil $1,000, or imprisoned not more than one year, or both.


PROVISIONS OF TARIFF ACT REGULATING IMPORTATION OF
PLUMAGE, GAME, ETC.

Act of September 21, 1922
[42 Srat. 915]

PAR. 1419. Feathers and downs, on the skin or otherwise, crude or not
dre-.sed, colored, or otherwise advanced or manufactured in any manner.
not especially provided for, 20 per centum ad valorem; dressed, colored, or
otherwise advanced or manufactured in any manner, including quilts of down
and other iimanufactures of down; artificial or ornamenltal, feathers suitable
for use as millinery ornaments, artificial or ornamental fruits, vegetables,
grains, leaves, flowers, and stems or parts thereof, of whatever material com-
pise(d, not sjwially 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 mate-
rial herein mentioned, 60 per centum ad valorem: Provifded, 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
purpses,. is hereby prohibited; but this provision shall not apply to the
feathers or plumes of ostriches or to the feathers or plumes of domestic fowls
of any kind: 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 pas-
sage of this act, except as to such plumage or parts of birds in actual use for
1,ersonal adornment, and except sucli pluminae, birds, or parts thereof im-
ported therein for scientific or educational purposes, shall be presumed for the
lUrpose of .-eizure to have been imported unlawfully after October 3, 1913,
and the collector of customs shall seize the same unless the posses.sor thereof
shall est:iblishli, to the satisfaction of the collector, that the same were im-
lported into the United States prior to October 3, 1913, or as to such plumage
or part 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 claiiiant shall in any legal proceeding to enforce
such forfeiture, other than a criminal prosecution, overcome the presumption of
illegal importation and establish tliat the birds or articles seized, of like kind
to those mentioned the importation of which is prohibited as above, were im-
purted into the United States prior to October 3, 1913, or were plucked in the
United State-s from birds lawfully therein.
That whenever birds or plumage, the importation of which is prohibited by
the foregoing pIrovisions of this liaragraiph, are forfeited to the Governmient,
the Secretary of the Treasury is hereby authorized to place the same with the
departments or bureaus of the Federal or State Gotvernmeiits or societies or
mnfoum r for exhibition or scientific or educational purposes, but iot for sale or
pern:,nal u-i ; and in the event of such birds or pluinage not lbeiiin required
or lde-ired by either Federal or State Government or for educational purposes,
they -hiall be destroyed.
Thlat notliiiig in this act shall be consirued to repeal the provisions of the
act of Ma rcli 4, 1913, chapter 14.45 (37 Statutes at Large. page 847), or the act
of July 3, 1918 (40 Statutes at Lig', page 755), or any other law of the
IUnitted Staltes, now of force, intended for the protection or preservation of birds
within tle United States. Tli'at if on inveli-:i.ition by thle collector before
-e.izurire, or before trial for forfeiture, or if at such trial if such seizure has






B.S. 68] LAWS ,ELATINXG TO GAME AND BIRDS 15

been minde, it shall be made to ajlppe;ir to thle collector, or the pri-,'rutiig offi,.1r
of the Government, as the ense may be. that no illez;il ijnmprtiti,,n of siwir
feathers has been mnadile. but th;it the po-se,:-ion. acquisition, or purchase( of
such feathers is or has bee in made in violation of the provisions1 of the att
of March 4, 1913, chapter 145 (37 Statutes, at Lar,,.a. page S47), or the ;,t of
July 3, 1918 (40 Statutes at Large. pa1e 755), or any other law of Hit- Unitied
States, now of force, intended for the protection or presnrvati,,n of liirdl within
the I'nited States, it shall be the duty of the collector, or su,.h proseuting
officer, ac the case may be. to report the facts to tle lpropIer officials. of the
Ignited States, or State or Territory charred with the duty of eforcing such
laws.
Import duties and provisions are as follows:
PAR. 704. A duty of 4 cents per pminld is imnl),sed on reindeer meat, venison,
and other game (except birds).
PAR. 711. Tln- duty on live birds (except poultry) is 50 cents each on those
valued at $5 or less. and 20 per cent ad valoremi on those valued at more
than $5. [By proclamnition of October 3, 1925. the President reduced the duty
on live bobwhite qual1 valued( at $5 each or les from 50 to 25 (cent-.]
PAR. 712. Dre,;:ed or undre per pound, but if prepared or preserved in any m;inmner the duty is 35 per cent
ad valorem. (Paragraph 1419 prohibits the importation of the pluma'"e of
wild birds, so that undressed inme birds m;y only be brought in under a bond
for the destruction of their 1fumage.)
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. nt
advanced further than dyeing. 25 per cent ad valorem.
PAP. 1507. Wild animals and birds intended for exhibition in zoological
collections for scientific or educational purposes, and not for sale or profit.
are admitted free.
PAR. 1569. The eggs of birds are prohibited from entry, except that ezs of
game birds may be imported free under regulations of Secretary of Agricul-
ture for propagating purposes; qpecimens 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. 166S. Natural-history specimens (including wild birds and mniammails)
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 Cannadla 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, wilms, tails, skins, or pnirts of skins of wild birds either raw or
manufactured: but this provision l-hall not come into effect ui:til January 1.
1915, and shall not apply to-
(a) The feathers or plumes of ostriches;
(b) The plumage of the Engli-h pheasant and the Indian pe;(cok;
(c) The plumage of wild -ir(ds ordin;mrily used as articles of diet;
(d) The plumage of birds imported alive; nor to
(e) Specimens imported under regulations of the mini-ter of c .st,,inm for any
natural-history or other museum or for educational purposes.
Item 1214 under Schedule C (prohilbited goods), as added by the custom.
tariff act. effective May 24, 1922, prohibits the entry of the following:
1214. (a) Common mongoose (Hrrpf .ftes gricuii,') or mn moo-oe of any kind:
(b) Common mynah. Chinese mynah. (.rested mynah, or any oilither 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 (Frilgilla rorolcbs) :
(e) Great titmouse (Pfruf.q major).
U.S. GOVERNMENT PRINTING OFFICE: Tr27






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