Regulations relating to migratory birds and certain game mammals, 1937

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Regulations relating to migratory birds and certain game mammals, 1937
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United States
United States -- Bureau of Biological Survey
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U.S. Dept. of Agriculture, Bureau of Biological Survey ( Washington )
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S. R. A.-B. S. S" O-- ___ ,_ -,Iu.l Auguiist 19'J37

( DOC^MENT C'^.LPT
I
Nk IV 113-




I U.S. DEPOSITC, RY

United States Department of Agriculture

BUREAU OF BIOLOGICAL SURVEY

SERVICE AND REGULATORY ANNOUNCEMENTS



REGULATIONS RELATING TO MIGRATORY BIRDS AND
CERTAIN GAME MAMMALS: 1937

[Supers.cdiug Migratory Bird Treaty Act regulations of July 31, 1918, as auieldd]

Regulation 1.-Definitions of Migratory Birds and Game Mammals

Migratory birds included in the ternis of the convention, between the United
statess and Great Britain for the protection of migratory birds, and between the
United States and United Mexican States for the protection of migratory birds
aind game mIammals, concluded, respectively, August 16, 1916. amd February 1,
1936, 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 wholpi ng cranies.
(C) Rallidae, or rails, including coots. gallinules, and sora and other rails.
(d) Limicolae (Charadrii), or shore birds, including av,,cets, curlews,
dowitchers, godwits, knots, oyster-catchers, phalarolpes. plipvers, SLandpipers,
snipe, stilts, surf birds, turnstones. willet, wood.lcock, and yellowlegs.
(c) Columbidae, or pigeons, including doves and wild pigeons.
2. Migratory insectivorous and other migratory nongame birds:
Cuckoos, flickers and other woodpeckers; nighthawks, or bullbats, chnck-
will's-widows, poorwills, and whi ppoorwills; swifts; hummingbirds; kingbirds,
phoebes. and other flycatchers; horned larks; bolbolinks, cowbirds, la.cklbirds,
grackles. meadowlarks, and orioles; grosbeaks, finclie.-,, sparrows, and buntings;
tanagers; martins and other swallows; waxwing. ; phainopeplas ; slhirikcs;
vireos; warblers; pipits; catbirds, mockingbirds, and thrashers; wrens, brown
creepers; nuthatches; chickadees and titmice; kinglets and gnatcatchers, robins
and other thrushes; all other perching birds which feed entirely or chiefly
o(in insects; and auks, anklets, bitterns, fulmars, ganmnets. grebes, giilleminots,
gulls, herons, jaegers, loons, murres, petrels, puffins, shearwaters, and terns.
Game mammals under the terms of the aforesaid convention between the
United States and the United Mexican States include:
Antelope, mountain sheep, deer, bears, peccaries, squirrels, rabbits, and hares.

Regulation 2.-Definition of Terms

For the purposes of these regulations the following terms shall be construed,
respectively, to mean and to include-

'Full text of the Migratory Bird Treaty and the .Migr.nttnry Bird Trp.aty Act and other
Federal laws concerning wildlife conservation may be obtained by consulting Service
and Regulatory Announcements. B. S. S7. Pers ins des.iring information regardii)g further
restrictions on seasons, bag and possession limits, and other hiinting provisions shuuil
communicate with appropriate State officials, whose addresses, are given on p. 10.
7873--37








BUREAU OF BIOLOGICAL SURVEY


SUc(rctarr .-The Secretary of Agriculture of the United States.
Chief of the Burni,.-The Chief of the Buriau of Biological Survey, United
States Delja:rtment of Agriculture.
P(r.', *.-The plural or thle singular, as the case demands, individuals, clubs,
:iss.Ciatitions, pIrtmii-rships, and ('orplratitojls, unle.s the ( context otherwise
req ie's.
Takc.-Hunt, kill, or capture, or attempt to hunt, kill, or C:ipture.
Open, .xv'ison.-The time duriing which mnigratory birds may be taken.
Transport.- Ship. transport, carry, export, import, and receive or deliver
for shilpmient, transpo(rtatio(i, carriage, exportation, or implirtation.

Regulation 3.-Means by Which Migratory Game Birds May Be Taken
The mnigatory game birds for which open seasons are specified in regulation 4
of these regulations may be taken during such respective open seasons with a
ihotguni only, not larger than no. 10 gage, fired from the shoulder, except as
.lpe'ifically permitted by regulations 7, 8, 9, and 10 of these regulations, but
they shall not be taken with or by means of any automatic-loading or hand-
(operated repeating shotgun capable of holding more than three shells, the
magazine of which has not been cut off or plugged with a one-piece metal
or wooden filler incapable of removal through the loading end thereof, so as
to reduce the capacity of said gun to not more than three shells at one time
in the magazine and chamber combined; they may be taken during the open
season from land or water, with the aid of a dog, and from a blind, boat, or
floating craft except sinkbox (battery), powerboat, sailboat, any boat under
sail, and any craft or device of any kind towed by powerboat or sailboat; but
nothing herein shall permit the taking of migratory game birds from or by
means, aid, or use of an automobile or aircraft of any kind.
Waterfowl (except for propagation, scientific, or banding purposes under
permit pursuant to regulations 8 and 9 of these regulations) and mourning
(loves and white-winged doves are not permitted to be taken by means, aid, or
use, directly or indirectly, of corn, wheat, oats, or other grain or product thereof,
salt, or any kind of feed whatsoever, placed, deposited, distributed, scattered,
or otherwise put out whereby such waterfowl or doves are lured, attracted, or
enticed, regardless of the distance intervening between any such grain, salt,
or feed and the position of the taker; and in the taking of waterfowl, the use,
directly or indirectly, of live duck or goose decoys is not permitted, regardless
of the distance intervening between any such live decoys and the position
of the taker; nor shall anything in these regulations be deemed to permit
the use of aircraft of any kind, or of a powerboat, sailboat, or other floating
craft or device of any kind, for the purpose of concentrating, driving, rallying,
or stirring up waterfowl.
A person over 16 years of age is not permitted to take migratory waterfowl
unless at the time of such taking he hai on his person an unexpired Federal
migratory bird hunting stamp, validated by his signature written across the
face thereof in ink. Persons not over 16 years of age are permitted to take
migratory waterfowl without such stamp.

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

Waterfowl (except snow geese and brant in Florida and all States north
thereof bordering on the Atlantic Ocean, Ross's goose, wood duck, canvasback
duck, redhead duck, ruddy duck, bufflehead duck, and swans), and coot, may
be taken each d(lay from 7 a. min. to 4 p. min., and rails and gallinules (other
than coot), Wilson's snipe or Jacksnipe, woodcock, mourning doves, white-
winged cloves, and band-tailed pigeons from 7 a. mn. to sunset each day
during the open seasons prescribed therefore in this regulation, and they may
be taken by the means and in the numbers permitted by regulations 3 and 5 of
these regulations, respectively, and when so taken may be possessed in the
numbers permitted by regulation 5 any day in any State or Territory, or In the
District of Columbia during the period constituting the open season where
taken and for an additional period of 10 days next succeeding said open season.
but no such bird shall be possessed in a State or Territory, or in the District
of Cohnumbia at a time when such State, Territory, or District prohibits the
posse sion thereof. Nothing herein shall be deemed to permit the taking of ml-


1.2L A.








B. S.881 MIGRATORY BIRD AND GAME MANUAL REGULATIONS: 1937 3

gratory birds on any reservation or sa:inctuary established under the Migratory
Bird Conservation Act of Felbruniry 18, 1929 (45 Stat. 1222), nor on any are.a
of the United States set aside under any other law, proclaination, or .xecu-
tive order for use as a bird, game, or other wildlife r..-.rvation, brteiding
grounds, or refuge except insofar as niy lie permitted by the Secretary of
Agriculture under existing law, nEir on any area adjacent to any such refuge
when such area is designated as a closed area under the Migratory Bird Treaty
Act.
Waterfowl, Wilson's snipe or jacksnipe, and coot.-The open seasons for
waterfowl (rxcrpt .hitj"r g'c.c and brl t in Florida and all States north thc'rrof
bordering on the Atlantic O0can. RHo.s's /oo.oc, irood duck, ruddy duck, n r'a.i-
back duck, redhead duck, bufflcheud duck, and swaans), Wilson's snipe or jack-
snipe, and coot, in the several States and Ahlaska, shall be as follows. both dates
inclusive:
In Colorado, Iowa, Kansas. Maine, Massachusetts, Miclhigan.. Minnesota,
Montana, Nebraska. New Hampshire, New York (except Long Island), North
Dakota, Ohio, Oklahoma, South Dakota, Vermont, Wiscu.nsin, and Wyomning,
October 9 to November 7.
In Connemmcticut, Delaware, Idaho, Illinois. Indiana, Kentucky, Missouri, Ne-
vada, New Jersey, New Mexico, that portion of New York known as Long
Island, Oregon, Pennsylvania, Rhode Island, Utah, Washington, and West
Virginia, November 1 to November 30.
In Alabamna. Arizona, Arkansas, California, Florid:. Georgia, Louisiana,
Maryland, Mississippi. North Carolina, South Carolina, Tennessee, Texas. and
Virginia, Novemniber 27 to December 26.
In Alaska north of the Alaska Range and the Ahklun Mo)untains, Septem-
ber 1 to September 30; south of the Alaska Range and the Ahklun Moun-
tains west of the one hundred and forty-first meridian and east of False
Pass at the tip of the Alaska Peninsula, September 16 to October 15; south-
eastern Alaska from the one hundred and forty-first meridian to Dixon's
Entrance, October 1 to October 30; and Islands of Unimnak, Unalaska, Akutan,
and Akun west of Unimak Pass in the Aleutian Island group, November 1 to
November 30.
Rails and gallinules (except coot).-The open season for rails and gallinules
(except coot), shall be from September 1 to November 30, both dates inclusive,
except as follows:
Washington and Ma.ssachusetts, October 1 to November 30.
New York (except Long Island), October 9 to November 7.
That portion of New York known as Long Island, November 1 to Novem-
ber 30.
Wisconsin, October 9 to November 7.
Alabama. November 20 to January 31.
Louisiana, November 1 to January 31.
District of Columbia, no open season.
Woodcock.-The open seasons for woodcock shall be as follows, both dates
inclusive:
Wisconsin, October 17 to October 31.
That portion of New York lying north of the tracks of the main line of the
New York Central Railroad extending from Buffalo to Allbany and north of the
tracks of the main line of the Boston and Albany Railroad extending from
Albany to the Massachusetts State line, and In Maine, New Hampshire, Ver-
mont. Pennsylvania, Michigan, and North Dakota, October 1 to October 31.
That portion of New York lying south of the line above described and in
Delaware, New Jersey, Ohio, Indiana, and Iowa, October 15 to Novembe(r 14.
That portion of New York known as Long Island, November 1 to Novenm-
ber 30.
Massachusetts. Rhode Island, and Connecticut, October 21 to November 20.
Missouri, November 10 to Deceniber 10.
Maryland, Virginia, West Virginia, Kentucky, Arkansas, and Okl'ahonm.
November 15 to Decembnihr 15.
North Carolina, South Carolina, Georgia, Alabama, Mississippi, and Loui-
siana, December 1 to December 31.
Mourning doves.-The open seasons for mourning doves shall be as follows,
both dates inclusive:
Arizona, Arkansas. California. Idaho. Illinois, Kansas, Kentucky, Minnesota,
Missouri, New Mexico, Nev-ada, Nebraska, Oklahoma, Oregon, Tennessee, Utah,
and Virginia. September 1 to November 15.








BUREAU OP BIOLOGICAL SURVEY


Delaware, Septeimber 15 to November 1 and November 15 to December 15.
Marylaidl, September 1 to September 30 and November 15 to December 31.
Florida (except in Dade, Broward, and Monroe Counties), November 20 to
January 31.
That portion of Florida comprising Dade, Broward, and Monroe Counties,
October 1 to November 15.
Louisiana and Mississippi, September 15 to October 1 and November 20 to
January 15.
North Carolina, September 15 to October 15 and December 20 to January 31.
Alabama, in the counties of Pickenis, Tuscaloosa, Jefferson, Shelby, Talla-
dega, Clay, Ratdolph, aid all counties north thereof; Georgia, in the counties
of Troup, Meriwether, Pike, Lamar, Monroe, Jones, Baldwin, Washington,
Jefferson, Burke, and all counties north thereof; and South Carolina, in the
colierhes of Aiken, Saluda, Newberry, Fairfield, Laincaster, Chesterfield, and all
counties north thereof, September 15 to October 15 and December 20 to Jan-
uary 31.
Alabama, Georgia, and South Carolina, in the counties other than those
aforesaid, November 20 to January 31.
Texas, In the counties of Yoakum, Terry, Lynn, Garza, Kent, Stonewall,
King, Cottle, Childress, and all counties north and west thereof, September 1
to October 31.
Texas, south and east of the above described boundaries, September 15 to
November 15.
White-winged doves.-The open season for white-winged doves shall be as
follows, both dates inclusive:
Arizona, August 5 to September 3.
Texas, in the counties of Yoakum, Terry, Lynn, Garza, Kent, Stonewall,
King, Cottle, Childress, and all counties north and west thereof, September 1
to October 31.
Texas, south and east of the above described boundaries, September 15 to
November 15.
Band-tailed pigeons.-The open seasons for band-tailed pigeons shall be as
follows, both dates inclusive:
California, December 1 to December 15.
Arizona and Oregon, October 16 to October 30.
New Mexico, October 1 to October 15.
Washington, September 16 to September 30.

Regulation 5.-Daily Bag and Possession Limits on Certain Migratory Game
Birds

A person may take in any one day during the open seasons prescribed there-
for in regulation 4 of these regulations 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 such birds; and when
so taken these may be possessed in the numbers specified as follows:
Ducks (except wood duck, canvasback duck, redhead duck, ruddy duck, and
bufflechead duck).-Ten in the aggregate of all kinds, and any person at any
one time may possess not more than 10 ducks in the aggregate of an kinds.
Geese and brant (except snow geese and brant in Florida and all States
?iorth thereof bordering on the Atlantic Ocean, and Ross's goose).-Five in the
aggregate of all kinds, and any person at any one time may possess not more
than 5 geese and brant in the aggregate of all kinds.
Rails and gallinules (except sora and coot).-Fifteen in the aggregate of all
kinds, and any person at any one time may possess not more than 15 in the
aggregate of all kinds.
Sora.-Fifteen, and any person at any one time may possess not more than 15.
Coot.-TTwenty-five, and any person at any one time may possess not more
than 25.
Wilson's snipe or jacksnipe.-Fifteen, and any person at any one time may
possess not more than 15.
Woodcock.-Four, and any person at any one time may possess not more
than 4.
Mourning doves and white-winged doves.-Fifteen in the aggregate of both
kinds, and any person at any one time may possess not more than 15 in the
aggregate of both kinds.


[S. R.A.








B. S.88] MIGRATORY BIRD AND GAME MANUAL REGULATIONS: 1937 5

Band-tailed pigeons.-Ten, and any person at any one time may possess not
more than 10.
The possession limits hereinbefore prescribed shall apply as wil to ducks,
geese, brant, rails, includlinig coot and gallinules, Wilon's snipe or j:icksniipe,
woodcock, mourning doves, white-winged lovese. and band-tailed pigeons t..keun
in Canada. Mexico. or other foreign country and brought into tihc United States,
as to those taken in the United States.

Regulation 6.-Shipment, Transportation, and Possession of Certain Migratory
Game Birds
Migratory game birds of a species for which open season, are prescribed by
regulation 4 of these regulations, legally taken, and parts thereof, may be
transported in any manner in or out of the State where taken during the
respective open seasons in that State, and when legally taken in and exported
from Canada or Mexico, and if from Mexico are acconmlpai nied by a Mexican
export permit, may be transported into the United States during the open
season in the Province, State. or District where killed, but not more than the
number thereof that may be taken in 1 day by one person under these regula-
tions shall be transported by one person in 1 calendar week out of the State
where taken or from Canada or Mexico into the United States; any such
birds or parts thereof in transit during the open season may continue in transit
such additional time immediately succeeding such open season, not to exceed
5 days, necessary to deliver the same to their destination, and may be possessed
In any State, Territory, or District during the period constituting the open
season where taken, and for an additional period of 10 days next succeeding
said open season; and any package in which such birds or parts thereof are
transported shall have the name and address of the shipper and of the con-
signee and an accurate statement of tlhe numbers and kinds of birds or parts
thereof contained therein clearly and conspicuously marked on the outside
thereof; but no such birds or parts thereof shall be transported from any
State or Territory, or the District of Columbia, to or through another State or
Territory, or the District of Columbia. or to or through Canada or Mexico con-
trary to the laws of the State or Territory, or the District of Columbia in
which they were taken or from which they are transported; nor shall any such
birds or parts thereof be transported into any State or Territory, or the Dis-
trict of Columbia. from another State or Territory, or the District
of Columbia, or from Canada or Mexico, or from any State or Territory,
or the District of Columbia into any Province of the Dominion of Canada or
into Mexico at a time when any such State, Territory, District, or Province, or
Mexico. into which they are transported, prohibits the possession or transporta-
tion thereof.
Migratory game birds imported from countries other than Canada and
Mexico.-Migratory game birds of a species for which open seasons are pre-
scribed by regulation 4 of these regulations, legally taken in and exported from
a foreign country (other than Canada and Mexico, for which provision is here-
inbefore made), may be transported to and possessed in any State or Territory,
during the open season prescribed by said regulation 4 in such State 6r
Territory for that species and for a period of 10 days immediately succeeding
such open season, and in the District of Columbia during the open season so
prescribed for Maryland and 10 days thereafter, in numbers in any 1 calendar
week not exceeding those permitted to be taken in 1 day by regulation 5 of
these regulations, if transportation and possession of such birds is not pro-
hibited by the laws of such State, Territory, or District and if transported in
packages marked as hereinbefore provided.

Regulation 7.-Taking of Certain Migratory Nongame Birds by Eskimos and
Indians in Alaska
In Alaska Eskimos and Indians may take, in any manner and at any time,
and may possess and transport, auks, anklets. guillemot., mniirres, and puffins
and their eggs and skins for the use of themselves and their immediate
families for food and clothing.
Regulation 8-Permits to Propagate Migratory Waterfowl
1. A person in possession of a valid, subsisting permit issued to him by a
state, on its part, authorizing him to take therein migratory waterfowl or








BUREAU OF BIOLOGICAL SURVEY


their eggs for propagating purposes, may take such birds or their eggs In such
State for such purposes when authorized by a permit issued to him by the
Secretary, which permit may limit the species and numbers of birds or eggs
that may be taken and the period during which and the locality where they
may be taken. Both permits shall be carried on the person of the permitted
when he is taking migratory waterfowl or their eggs and shall be exhibited
to any p)ersion requesting to see them. Waterfowl and their eggs so taken may
be p)ossses'd by the permitted and may be sold and transported by him for
propagating purposes to any person holding a permit issued by the Secretary
in ;accorndaice with the provisions of this regulation.
2. A person in possession of a valid, subsisting permit issued to him by a
State, on its part, authorizing him to possess, purchase, sell, and transport
migratory waterfowl and their increase and eggs for propagating purposes,
may possess, purchase, s-ell, and transport such waterfowl and their increase
nmid eggs for such purposes when authorized by a permit issued to him by the
Secretary; but may not purchase or sell to any person not authorized by these
regulations or by a permit issued thereunder to sell or purchase such water-
fowl and their eggs; and migratory waterfowl, except the birds taken under
paragraph 1 of this regulation, so possessed may be killed by him at any time
and in any manner (except that they may be killed by shooting only during
the open season for waterfowl in the State where killed), and the carcasses,
with heads and feet attached thereto, may be sold and transported by him to
any person for actual consumption, or to the keeper of a hotel, restaurant, or
boarding house, a retail dealer in meat or game, or a club, for sale or service to
their patrons, who may possess such carcasses for actual consumption without
a permit, but no such birds that have been killed shall be bartered, sold, or
purchased unless each bird before attaining the age of 4 weeks shall have had
removed from the web of one foot a portion thereof in the form of a V large
enough to make a permanent, well-defined mark, which shall be sufficient to
identify it as a bird raised in domestication under a permit.
3. Applications for permits shall be addressed to the Secretary of Agricul-
ture, Washington, D. C., and must state the name and address of the applicant;
the place where the propagating project is to be carried on; the area to be
used in the project; the facilities the applicant has for properly caring for
the waterfowl; the number of each species of waterfowl in his possession, and
how, when, and where they were acquired; and, if the application is for a
permit to take migratory waterfowl or their eggs, the species and number of
each species or eggs of each species proposed to be taken, and the specific
locality where it is proposed to take them.
4. Every permitted shall keep books and records that shall correctly set
forth the number of each species of waterfowl and their eggs taken by him,
if he holds a permit to take waterfowl, the number of each species of water-
fowl and their eggs possessed on the date of the application for a permit, the
number of each species reared and killed, the number of each species and their
eggs sold and transported, the manner In which they were transported, the
name and address of each person from or to whom waterfowl and eggs were
purchased or sold, the number and species so purchased or otherwise acquired
or sold and whether sold alive or dead, and the date of each transaction.
Whenever requested by the Chief of the Bureau, the permitted shall submit to
him such report of his operations under the permit as may be called for, and
in any event shall file with the Secretary, on a form provided therefore, on or
before January 10, a full report of his operations during the preceding calen-
dar year. Failure to make the reports herein provided for will be cause
for revocation of the permit.
5. 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 relating thereto.
6. No permit issued by the Secretary authorizes the taking, possession, sale,
purchase, exchange, or transportation of migratory waterfowl or their eggs
unless the permitted has in his possession while exercising any such privilege
a valid, subsisting permit of equivalent tenor issued to him by the State in
which he proposes to operate. No permit issued by the Secretary authorizes
the translportation of migratory waterfowl or their eggs from Mexico into the
United States unless such waterfowl or eggs are accompanied by a Mexican
export permit. Permits are not transferable and are revocable at any time


BS.- LA.








B.S.88] MIGRATORY BIRD AND GAME MANUAL REGULATIONS: 1U37 7

in the discretion of the Secretary. A permit 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 Departienlt of Agriculture authorized to enforce
the Migratory Bird Treaty Act.
7. A person may possess and transport, subject to the provisions of paragraph
8 of this regulation, for his own use, without a permit, live migratory water-
fowl now legally possessed or hereafter legally acquired by him, but he may
not purchase or sell such waterfowl without a permit. A State or municipal
game farm or city park may possess, purchase, sell, and transport live migra-
tory waterfowl without a permit, but no such waterfowl shall be piurcha;ised
from or sold to a person (other than such State or municipal game farm or
city park) unless he has a permit. Feathers of wild ducks and wild geese
legally killed, and feathers of such birds seized and condeilnield by Federal
or State game authorities, may be possessed, purchased, sold, and transported
for use in making fishing flies, bed pillows, and mn;attresses, and for such
similar commercial purposes, but not for millinery or ornaniental purposes.
8. Every package in which migratory waterfowl or parts or eggs thereof are
shipped wholly within a State or Territory or the District of Columbia, or
in which such waterfowl, parts or eggs are transported by any means what-
ever from one State, Territory, or the District of Columbia, to, into, or
through another State, Territory, or the District of Columbia. or to a foreign
country, shall be plainly and clearly marked, labeled, or tagged on the outside
thereof to show the name and addrets of the consignor and consignee, the
contents of the package, the number of the permit under authority of which
it is shipped or transported and the purpose for which the waterfowl or eggs
are being shipped or transported.

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

1. A person in possession of a valid, subsisting permit issued to him by a
State, on its part, authorizing him to take therein migratory birds or their
nests or eggs for scientific purposes may take such birds or their nests or eggs
in such State for such purposes when authorized by a permit issued to him by
the Secretary. Both permits shall be carried on his person when he is col-
lecting migratory birds thereunder, and shall be exhibited to any person re-
(luesting to see them; but nothing herein shall be deemed to permit the taking
of any migratory game bird during the open season therefore in any manner
or by any means or at any time of the day not permitted by regulations 3 and
4 of these regulations.
2. Applications for permits shall be addressed to the Secretary of Agriculture,
Washington, D. C., and must state the name and address of the applicant, his
age, the State or Territory in which migratory birds or their nests or eggs
are proposed to be taken, the purpose for which they are intended, information
sufficient to show that such birds, nests or eggs permitted to be taken will be
devoted to scientific purposes, and the names and addresses of at least two
well-known ornithologists, principals or superintendents of educational or
zoological institutions, officials or members of zoological or natural history
organizations, or instructors in zoology in high schools, colleges, or universities,
from whom may be obtained information respecting the applicant's status as a
scientific Investigator. The applicant must furnish such other information
touching his fitness to be entrusted with a permit as may be called for by the
Secretary.
3. A permit may limit the number and species of migratory birds or their
nests or eggs that may be taken thereunder, and the places where, time when,
and means by which they may be taken, and may authorize the holder thereof,
when possessed of an equivalent State permit, to possess, purchase, sell, ex-
change, and transport migratory birds and their nests and eggs for scientific
purposes but not to purchase or sell to any person not authorized by these
regulations or by a permit Issued thereunder to sell or purchase such birds,
nests or eggs, or it may limit the holder to one or more of these privileges.
Public museums, zoological parks and societies, and public scientific and edu-
cational institutions may possess, purchase, sell, exchange, and transport mi-
gratory birds and their nests and eggs for scientific purposes, without a permit,
but no such birds, nests, or eggs shall be taken without a permit or purchased
from, sold to, or exchanged with a person not authorized by these regulations
or by a permit issued thereunder to sell, purchase or exchange them. The








BUREAU OF BIOLOGICAL SURVEY


plumage and skins of migratory game birds legally taken may be possessed
aiid t 1ra:spoirted by a person, without a permit.
4. A taxidermint, when authorized by a permit issued by the Secretary, may
possess any jiiigriatory bird, or nest or egg thereof delivered to him for mount-
in-g or otliei' preparation by any person who lhas legally taken or legally possesses
it and may transport such bird, nest or egg in consummation of such purpose
when likewise authorized by the State in which such permitted is operating.
Every such permitted shall keep books and records correctly setting forth the
1name vand address of each person delivering each migratory bird or nest or egg
thereof to him, together with the naime of each species, the date of delivery, the
disposition of each such bird, nest or egg and the date thereof, and such books
and records shall be available for inspection at all reasonable hours on request
of any autltorized representative of the Department of Agriculture.
5. No permit issued by the Secretary authorizes the taking, possession, sale,
purchase, exclhnige, or transportation of any migratory bird, or nest or egg
thereof, unless the peruittee has in his possession while exercising any such
privilege a valid, subsisting permit of equivalent tenor issued to him by the
State in which hlie proposes to operate. No permit issued by the Secretary
authorizes the transportation of any migratory bird, or part, nest, or egg
thereof from Mexico into the United States unless such bird, or part, nest, or
egg is accompanied by a Mexican export permit. Permits are not trans-
ferable and are revocable at any time in the discretion of the Secretary.
A permit revoked by the Secretary shall be surrendered to him by the person
to whom it was issued on demand of any employee of the United States
Department of Agriculture authorized to enforce the Migratory Bird Treaty Act.
Whenever requested by the Chief of the Bureau, the permiittee shall submit
to him such report of his operations under the permit as may be called for,
and in any event shall file with the Secretary, on a form provided therefore,
on or before January 10, a full report of his operations during the preceding
calendar year. Failure to make the reports herein provided for will be cause
for revocation of the permit.
6. Every package in which migratory birds or parts, nests, or eggs thereof,
are shipped wholly within a State or Territory or the Distri'-t of Columbia,
or in which such birds, parts, nests, or eggs are transported by any means
whatever from one State, Territory, or the District of Columbia to, into. or
through another State, Territory, or the District of Columubia, or to a foreign
country, for scientific purposes shall be plainly and clearly marked, labeled,
or tagged, on tlie outside thereof to show the name and address of the consignor
and consignee, the contents of the package, the number of the permit under
authority of which it is transported, and that the specimens contained therein
are for scientific purposes.

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

Community injury.-When information is furnished the Secretary that any
species of migratory bird has become, under extraordinary conditions, seriously
injurious to agriculture or other interests in any particular community, an
investigation will be made to determine the nature and extent of the injury,
whether the birds alleged to be doing the damage should be killed, and, if so,
during what times and by what means. Upon his determination an appropriate
order will be made.
Specific injury.-Upon receipt by the Chief of the Bureau, or the regional
director of the Bureau of Biological Survey in the region where the injury
occurs, of information from the owner, tenant, or share cropper that migratory
birds are injuring his crops or other property on the land on which he resides,
together with a statement of the location of the land, the nature of the crops
or property being injured, the extent of such injury, and the particular species
of birds committing the injury, an investigation will be made and if it is
determined from such investigation that the injury complained of is substantial
and can be abited only by killing the birds, or so many thereof as may be
neee(.sary, a permit to kill the birds will be issued by said Chief of the Bureau
or Director, in whieh permit will be specified the time during which, the means
and methods by which, and the person or persons by whom the birds may be
killed, and the disposition to be made of the birds so killed, and such other restric-
tions as may be deemed necessary and appropriate in the circumstances of the


[S. LA.








B. 0.881 MIGRATORY BIRD AND GAME MANUAL REGULATIONS: 1-T37 9

particular case: Prorided, hotirrf'r, That in every permit issued as aforesaid,
it shall be specified that no such birds shall be shot at or killed at any l ine
or in any manner not authorized by the laws of the State in wliich such permit
is effective ; and as to migratory waterfowl, that th'y sa:ll not lbe shot at or killed
(1) froni any blind, sink, pit, or any other device or means of collce;.ilment,
whether natural or artificial, mova1lJe or stationary, or on land or water; (2)
b)y means of any gun larger than no. 10 gage,, or of any gun to which a silencer
Ihas been attached or otherwise affixed(l; land (3) by the use of de,.ys of any
description, or of tr:ilps or nets of any kind.
Every person exercising any privilege hereinbefore in this regulation provided
for s:',ll keep an accurate record of all migratory birds killed by him and
whentver requested by the Chief of the Bureau or by the regional director
shall submit promnptly, on a form provided by the Bureau for the purpose, a
report correctly stating the species and number of each species of migratory
birds killed by him and in any event shall submit such report to the regional
director on or before January 10 of each year. Failure to submit a report as
required by this regulation will be snli,'ient cause for revocation of any permit
or withdrawal of any privilege accorded any person failing to make the report.

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

Nothing in these regulations or in any permit issued thereunder shall be
construed to permit the taking, possession, sale, purchase, or transportation
of migratory birds, or parts, nests, or eggs thereof, contrary to the laws and
regulations of any State or Territory, or the District of Columbia, 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 conventions
between the United States and any other country for the protection of migra-
tory birds or with the Migratory Bird Treaty Act and do not extend the
open seasons for such birds beyond the dates prescribed by these regulations.

Regulation 12.-Transportation of Game Mammals to and from Mexico

Game mammals, parts or products thereof, taken in and transported from
a State, Territory, or the District of Columbia may be transported to Mexico,
If the importation thereof is not prohibited by law or regulation of that country,
upon presentation to the collector of customs at the port of exit of the
certificate of an official, warden, or other officer of the game department of
such State, Territory, or District, that such game mammals, or parts or
products thereof, which must be listed in the certificate, were taken or acquired,
and are being transported in compliance with the laws and regulations of
such State, Territory, or District.
Live game mammals authorized by a special permit issued by the Secretary
of Agriculture, pursuant to section 241 of the Penal Code, to be imported,
and the dead bodies, parts or products of game mammunals, proceeding from
Mexico, if accompanied by a Mexican export permit, may be transported into
the United States, but their possession in any State, Territory, or the District
of Columbia will be subject to the laws of such State, Territory, or District.
The Migratory Bird Treaty Act regulations approved July 31, 1918 (40 Stat.
1912), and all amendments thereof are hereby revoked, but all regulations
heretofore adopted and approved pursuant to said act closing areas of land
and water or of land or water adjacent to migratory bird sanctuaries, refuges,
reservations, and breeding and feeding grounds to the taking of migratory
birds, and all orders and permits of the Secretary of Agriculture heretofore
made or issued pursuant to said act and now in force authorizing the killing
or other disposition of certain species of migratory birds when injurious to
crops and other property and interests and the taking, I)possesslonl, sale,
purchase, exchange, or transportation of migratory birds and their nests and
eggs for scientific purposes, and migratory waterfowl for propagating pur-
poses, are hereby continued and extended in full force and effect as regulations,
orders, and permits adopted and approved or made or issued hereunder.









BUREAU OF BIOLOGICAL SURVEY


[S. R. A.-B. S. 88]


OFFICIALS FROM WHOM COPIES OF GAME LAWS MAY BE OBTAINED


Federal laws: Secretary of Agriculture,
Washiinglkui. D. C.; Chief. Bureau of Bi-
oloigicail Survey. Department of Agricil-
tuire, Washington. 1). C.; azid regional
directors of the Biological Survey with
headquarters as follows: Pacific Reg:ou.
404 U. S. Court IIoii-e. P,,rtland, 4)re.;
'Mountain Re gien4. 576t Custom 'nrmi- ,
Denver, Colo. Soutliwesiern Ligiun. 404
Federal Building. Albuquerque. N. Mex.;
West Central Region. 21)7-A Federal Of-
ficeI Buillding. Des Moines. Iowa; South-
ern Regin. State (College. Miss.; Eist
Central Rlegion, Michigani State College,
East Lansing. Mich.: Southeastern Rle-
gion, )1013 Glehnn Buildlinn. Atlanta. Ga. ;
Northeastern Ri gion. 310 Federal Build-
ing, Portland. Maine: Nwrth Central Re-
gion, 301 Fedral B'uilding. Minot, N.
ak.; Alaska, Alaska Game Commission,
Juneau.
Alabama: Department of Game, Fish, and
Seafoods, Montgomery.
Alaska: Executive Officer, Alaska Game
Comnimi.-sion. Juneau; or Secretary of
Agriculture, Washington. D. C.
Arizona: State Game Warden. Phoenix.
Arkansas: Secretary, Game and Fish Com-
mission, Little Rock.
California: Executive Officer. Fish and
Game Commission, Ferry Building, San
Francisco.
Colorado: State Game and Fish Commis-
sion. Denver.
Connecticut: Superintendent of Fisheries
and Game, Hartford.
Delaware: Chief Game and Fish Warden,
Dover.
District of Columbia: Superintendent Metro-
politan Police, Washington.
Florida: Commission 1' Game and Fresh
Water Fish. Tallahassee.
Georgia: Director, Division of Wildlife, De-
partment of Natural Resources, State
Capitol, Atlanta.
Hawaii: Fish and Game Division. Board of
Agriculture and Forestry, Honolulu.
Idaho: Fish and Game Warden, Boise.
Illinois: Director. Department of Conserva-
tion, Springfield.
Indiana: Director of Fish and Game, Con-
servation Department, State House, In-
dianapolis.
Iowa: Director, State Conservation Com-
,mission. Des Moines.
Kansas: State Fish and Game Warden,
Pratt.
Kentucky: Game and Fish Commission,
Fra n k fort.
Louisiana: Commissioner of Conservation,
Court Building. New Orleans.
Maine: Commissioner of Inland Fisheries
and Game. State House. Augusta.
Maryland: State Game Warden, 512 Munsey
Building. Baltimore.
Massachusetts: Director, Division of Fish-
eries and Game, 20 Somerset Street,
Boston.
Michigan: Director, Commission of Conser-
vation, La nslhng.
Minnesota: (Conmmissioner, Department of
Conservation. St. Paul.
Mississippi: Director of Conservation, State
Game and Fish ('ommission. Jackson.
Missouri: State Conservation Commission,
J(fferson City.
Montana: State Fish and Game Warden,
Hlelena.
Nebraska: ID)ireclor of Conservation. Game,
F-'-rctzition, and Parks Commission, Lin-
coln.


Nevada: Secretary of State Fish and Game
Commission. Reno.
New Hampshire: Fish and Game Commil-
sion. Concord.
New Jersey: Secretary of Board of Fish and
Game ComiLissioners, Trenton.
New Mexico: Stale Gamie and Fish Warden,
Santa FIe.
New York: Director of Fisheries and Game
Conservation Department. Albany.
North Carolina: Commissioner of Game and
Inland Fi-hivries. Department of Conser-
vation and Development, Raleigh.
North Dakota: Game and Fish Commis-
sioner, Bismarck.
Ohio: Commissioner of Conservation, Co-
lumbus.
Oklahoma: State Fish and Game Warden,
Oklahoma City.
Oregon: State Game Commissioner, 616
Oregon Building. Portland.
Pennsylvania: Executive Director, Board of
Game Commissioners, Harrisburg.
Rhode Island: Chief. Division of Fish and
Game, Department of Agriculture and
Conservation. Providence.
South Carolina: Chief Game Warden, Co-
lumnibia.
South Dakota: Director, Division of Game
and Fish, Department of Agriculture,
Pierre.
Tennessee: Director of Game and Fish, De-
partment of Conservation. Nashville.
Texas: Executive Secretary. Game, Fish,
and Oyster Commission, Austin.
Utah: Fish and Game Commission, Salt
Lake City.
Vermont: Director, Fish and Game Sjervice,
Department of Conservation and De-
velopment, Montpelier.
Virginia: Executive Secretary, Commission
of Game and Inland Fisheries. Richmond.
Washington: State Game Commission, 1301
Smith Tower, Seattle.
West Virginia: Director of Conservation,
Charleston.
Wisconsin: Conservation Director, Madison.
Wyoming: State Game and Fish Commis-
sion, Cheyenne.
Canada: Commissioner, National Parks
Bureau, Department of Mines and Re-
sources, Ottawa.
Alberta: Game Comnnis.sioner. Edmonton.
British Columbia: Game Commission, 411
Dunsmuir Street, Vancouver.
Manitoba: Director of Game and Fisheries,
Winnipeg.
New Brunswick: Chief Game Warden, Fred-
ericton.
Northwest Territories: Director of Lands,
Parks, and Forests. Department of Mines
and Resources, Ottawa, Ontario.
Nova Scotia: Department of Lands and
Forests. Halifax.
Ontario: Department of Game and Fish-
eries. Toronto.
Prince Edward Island: Game Inspector,
Provincial Treasury Department, Char-
lottetown.
Quebec: General Superintendent of Fish-
eries and Game, Quebec.
Saskatchewan: Game Commissioner, De-
partment of Natural Resources. Regina.
Yukon: Territorial Secretary, Dawson.
Newfoundland: Clerk, Game and Inland
Fisherie.s. St. Johns.
Mexico: Jefe. Department Forestnl y de
Cazi y Pesca. Calle de Edison 145, City
of Mexico, D. F.


U. S. GOVERNMENT PRINTING OFFICIt, 1937


10


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