Text of Federal laws relating to the protection of wildlife

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Text of Federal laws relating to the protection of wildlife
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S. R. A.-B. S. 82


United States Department of Agriculture

BUREAU OF BIOLOGICAL SURVEY

SERVICE AND REGULATORY ANNOUNCEMENTS



TEXT OF FEDERAL LAWS RELATING TO THE
PROTECTION OF WILDLIFE



CONTENTS

Page Page
Convention between the United States and Law jlrotecIinm wild animals and birds and
Great Britain for the protection of mi- their gpgs and Government property on
gratory birds in the United States and Federal refic'es.--.--------------.--------.
Canada----.....---------------------- 1----- Participation of Sta;urs in revenues from wild-
Migratory Bird Treaty Act----------------- 4 life refles---------------------------............................... -15
Migratory Bird Conservation Act----------- 6 Penalties for set ling (ires on puIlic lurlaiin.. 16
Amendment of June 15, 1935--------------- 8 Provisions of tariff aet regiu atl.! iilmpirtaliun
Migratory Bird Hunting Stamp Act--------- 9 of pliuniLce, came. etc------------------- 16
Establishment of fish and game sanctuaries Canadian l.iriff act ;, priiiinr importa-
in national forests.-------.--------------- 11 tion of pluimiage, iiU Iuuul',, and certain
Coordination of wilJilife conservation activ- birds---------------------------------- 19
ities------.-------------------------- 12
Lacey Act, regulating interstate commerce in
wild animals--------------------------- 13
Amendment of June 15, 1935--------------- 15



CONVENTION BETWEEN THE UNITED STATES AND GREAT BRITAIN
FOR THE PROTECTION OF MIGRATORY BIRDS IN THE UNITED
STATES AND CANADA1
[39 Stat. 1702]

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMA'TI( N

Whereas a convention between the United States of Anerica and the United
Kingdom of Great Britain and Ireland for the Ipr'teettiin of iiii'r.itory birds in
the United States and Canada was concluded and signed by their respective
plenipotentiaries at Washington on the lUtlh day of Au;_ust 1916, the ori-ginal of
which convention is word for word as follows:
Whereas many species of birds in the ci.,,rse of their animal nigrations
traverse certain parts of the United States and tliz Dtciiiilion of C;inaida; ai.(1
Whereas many of these specie's are of .re:it value as a souirl' of f, ii or in
destroying insects which are injurious to forests and forage plUits on the puli1
domain, as well as to agricultural crops. in both the United States aw l CI (aiinaI,
but are nevertheless in dagcer of externination through, lack of adcquato
protection during the nestin.5g sc ,Si or while on their way to aiid from their
breed(ling grounds;
'The United Slates of Ani'rica and Ill.s M.:jesty the King of the United Kimi,-
(don of Great Britajn arm i etl -a qt tillrit4'lsl l)11ini ---I ,.CuMENTS ,2 P',
1 Signed at Wnshin ton. 1Tg. ji, fPlli; rai? -nT..ion 'i ismd by tlii Snate Aug. 2. ratl-
fid by Ithe 'residvit *tpt. 1, and by Gr at Britain Oc:. 20; ratifications e'lXhi.LgCd Dec.
7; proclaimed Dec. 8, 1916 1, W .--
65(;1-35---1 .. In


U.S. "E-'S^


Is.,4u,-d AuIi.st, 1'".':i







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

Empe.ror of India, being desirous of saving from indiscriminate slaughter and
of insuring the1 preservation of such migratory birds as are either useful to mian
or li'arlel:-s, have resolved to adopt some uniform system of protection which
shall effectively accomplish such objects and to the end of concluding a con-
vention for this purpose have appointed as their respective plenipotentiaries:
The President of the United States of America, Robert Lansing, Secretary
of State of the United States; and
His Britannic Majesty, the Right Hon. Sir Cecil Arthur Spring Rice, G.C.V.O.,
K.C.M.G., etc., His Majesty's ambassador extraordinary and plenipotentiary at
VWashington:
Who, after having communicated to each other their respective full powers,
which wNre 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. .Miri:itory game birds:
(a) Anatidae or waterfowl, including brant, wild ducks, geese, and swans.
(b) Gruidae or cranes, including little brown, sandliill, and whooping cranes.
(c) Rallidae or rails, including coots, gallinules, and sora and other rails.
(d) Limicolae or shorebirds, including avocets, curlew, dowitchers, godwits,
knots, oyster catchers, phalaropes, plovers, sandpipers, snipe, stilts, surf birds,
tuhii-3:tles. willet, woodcock, and yellowlegs.
(c) Columbidae or pigeons, including doves and wild pigeons.
2. Migratory insectivorous birds: Bobolinks, catbirds, chicadees, cuckoos,
flickers, flycatchers, groisheak%, humming birds, kinglets, martins, meadowlarks,
nilghthawks or bull-bats, nut-hatches, orioles, robins, shrikes, swallows, swifts,
tanw:;t;-ers, titmice, thrushes, vireos, warblers, wax-wings, whippoorwills, wood-
peckers, and wrens, and all other perching birds which feed entirely or chiefly
on insects.
3. Other migratory nongame birds: Auks, auklets, bitterns, fulmars, gannets,
grebes, guillemots, gulls, herons, jaegers, loons, murres, petrels, puffins, shear-
waters, and terns.
Article II

The high (contracting powers agree that, as an effective means of preserving
migratory birds, there shall be established the following close seasons during
which no hunting shall be done except for scientific or propagating purposes
under permits issued by proper authorities.
1. The close s,.o,,n on migratory game birds shall be between March 10 and
September 1, except that tlihe close season on the Limicolae or shorebirds in the
Maritime Provinces of Canada and in those States of the United States bor-
dering on the Atlantic Ocean which are situated wholly or in part north of
Ch.lsa.peake Bay shall be between February 1 and August 15, and that Indians
may take at any time scoters for food but not for sale. The season for hunting
shall be further restricted to such period not exceeding 3y2 months as the
hi&Ii contracting powers may severally deem appropriate and define by law or
regulation.
2. The close season on migratory insectivorous birds shall continue through-
(out the year.
3. The closv season on other migratory nongamne birds shall continue through-
out the year, except that Eskimos and Indians may take at any season auks,
auklets, guillhiemots, murres, and puffins, and their eggs, for food and their
skins for clothing, but the birds and eggs so taken shall not be sold or offered
for s.ale.
Article III

The Iig'h contracting powers agree that during the period of 10 years next
following the going into effect of this convention there sull be a continuous
close se:ason on the following migratory game birds, to wit:
Bai (1-tailed pigeo,.s, little brown, samilhill, and whooirilg cranes, sw:an-s, cur-
Jew, and all ,h orelliirds, (exeplt the bllack-breasted :1ind rolden plover, VWilson or
jwi,' crlipe, wv(,oddcock, and the greater and lesser yellowlegs) ; provided Mhat








LAWS RELATING TO WILDLIFE PROTECTION


during such 10 years the close seasons on cralu"-, swan, SW tnl cur'1lw In lhif
Province of Britislh Columbia shall be made by the pr',in'r autlhiorities of that
Provim'e within the general (hdtues anid limlitati ins elselwhlerte I'resIT.lied ill tIi.s
couNcntion for the respective groups to wliich thlse biril, belon.-'.

Article IV

The high contraci'tinl powers agree tihat special protection ,-li:11l be give'l the
wood duck and the ei(dlr duck cil her (1) by a c.u'e t, .'i,,ni extendig over ;L
period of at least 5 years, or (2) by the estIalli.-lime1It of reITUgs, or (3)
by such other regulations as may be deemed apl'ropriate.

Article V

The taking of nests or eggs of migratory game or insectivorous or noli:,a21o
birds shall be prohibited, except for scientific or proIagating purpose under
such laws or regulations as the high contracting I)poW'rs may severally deemin
appropriate.
Article VI

The high contracting powers agree that the shipment or export of migratory
birds or their eggs from any State or Province, during the continuance of the
close season in such State or Province, shall be prohibited except for scientific
or propagating purposes, and the international traffic in any birds or eggs at
such time captured, killed, taken, or shipped at any time contrary to the laws
of the State or Province in which the same were captured, killed, taken, or
shipped shall be likewise prohibited. Every package containing minr.ratory birds
or any parts thereof or any eggs of migratory birds transported, or offered for
transportation from the United States into the Dominion of Caniiada, or from
the Dominion of Canada into the United States, shall have the iame and
address of the shipper and an accurate statement of the cuntents 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 inter-
ests in any particular community, may be issued by the prrlpr authorities of
the high contracting powers under suitable regulations pr,-wribed thlcretor by
them, respectively, but such Iermiits shall lapse or 1may be canceled at any
time when, in the opinion of said authorities, the particular exigieny 1i:1i
passed, and no birds killed under this article shall be shipped, sold, or offered
for sale.
Article VIII

The high contracting powers agree themselves to take, or propose to their
respective appropriate law-niaking bodies, the nec'es'ary measures for injuring
the execution of the present convention.

Article IX

The present convention shall be ratifiedl by the President of the United Stats
of America, by and with the advice and consent of the Seniate thereof, and by
His Britannic Majesty. The ratifications slhall be exul. anged at Watslhingt 'it as
soon as possible, and the convention shall take effect on the date of the ex-
change of the ratifications. It shall remain in force for 15 years, and in the
event of neither of the high contracting powers having given notilication 12
months before the expiration of said period of 15 years of its inttnitin of
terminating its operation, the convention shall continue to remiiain in firUe fir
1 year and so on from year to year.
In faith whereof, the respective plenipotentiaries lizve signed the present
convention in duplicate and have lhereunto affixed their .ea.
Done at Washington this 16th day of August, 1916.
[SEAL] B>nEIT LANSING.
[SEAL] CECIL SPRING RICE.


B. S.82]







BUREEAU OP BIOLOGICAL SURVEY


And whereas the said convention has been duly ratified on both parts, and
the ratifications of the two Governments were exchanged in the city of Wash-
ington on the 7th day of December 1916:
Now, therefore, be it known that I, WOODROw WILSON, President of the
United States of America, have caused the said convention to be made public,
to the end that the same and every article and clause thereof may be observed
and fulfilled with good faith by the United States and the citizens thereof.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
Dmone at the city of Washington this 8th day of December in the year of our
Lord 1916, and of the independence of the United States of America the 141st
[SEAL] WOODROW WILSON.
By the President:
ROBERT LANSING,
Secretary of State


MIGRATORY BIRD TREATY ACT'

[Act of July 3, 1918. 40 Stat. 755-U. S. Code, Title 16, Sees. 703-711]
An Act To give effect to the convention between the United States and Great Britain for
the protection of migratory birds concluded at Washington, August 16, 1916, and for
other purposes.
Be it ena(ctcd by the Senate and House of Representatives of the United
States of Amcri-a in Congres, 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 be-
tween the United States and Great Britain for the protection of migratory
birds concluded August 16, 1916, or any part, nest, or egg of any such bird.
SEC. 3. That, subject to the provisions and in order to carry out the purposes
of the convention, the Secretary of Agriculture is authorized and directed, from
time to time, having due regard to the zones of temperature and to the distri-
bution, abundance, economic value, breeding habits, and times and lines of
migratory flight of such birds, to determine when, to what extent, if at all,
and by what means, it is compatible with the terms of the convention to allow
hunting ", taking, capture, killing, pf session, sale, purchase, shipment, trans-
portation, carriage, or export of any such bird, or any part, nest, or egg thereof,
and to adopt suitable regulations permitting and governing the same, in ac-
cordance with such determinations, which regulations shall become effective
when approved by the President.
Si:(. 4. Tli:t it shall be unlawful to ship, transport, or carry, by any means
whatever, from one State, Territory, or District to or through another State,
Territory, or District, or to or through a foreign country, any bird. or any
part, nest, or egg thereof, captured, killed, taken, shipped, transported, or
carried at any time contrary to the laws of the State, Territory, or District
in which it was captured, killed, or taken, or from which it was shipped, trans-
ported, or carried. It shall be unlawful to import any bird, or any part, nest,
or egg thereof, captured, killed, taken, shipped, transported, or carried con-
trary to the laws of any Province of the Dominion of Canada in which the

2 Constitutionality of the treaty and act of July 3, 1918. sustained by the United States
Sunrome( Court in a decision rendered Apr. 19. 1920, in the ease of the State of Missouri
%. Ray P. Holland (252 U. S. 41G) ; see also U. S. v. Lumpkin (276 Fed. 580) Canada
by an act of Parliament approved Aiin. 2!), 1917. gave full effect to the treaty and pro-
mulCated regulations thereunder May 11, 1918. The validity of the neact of the Dominion
l':irliiinient was upheld by the Supreme Court of Prince Edward Island in a decision
(Micha text of the Cim;nnli ii migratory-bird treaty ct andi rogmulitions, connmmnirate with the
('rnii ,i I,,Tnir. National Parks of Can:ifa. Ottawa. Ontairio.
SFor full text of regulations g'\'"rriiin the taking. possession, shipment, etc of mi-
gratory ':imte birds, consult Service an(d Re,'ilaatory Announcements B. 8.-81. which m:iy
be obtained upon request to the Burenu of Bliluglral Survey, U. S. Dppart ment of
Agriculture, Win.-Jlhtlron, D. C.


IS. R. A.







LAWS RELATING TO WILId-ITE PROTECTION


same was calitured, killed, ir taken, or from which it w;is shipped, Irliii-
ported, or carriedd'
S;.. 5. That any emniiloyee of thei Depiartmentt of Agriculture authorized by
the Secreta'ry of Agriculturei to ienfoic. ltii' provi-ions of thi. ;'t a lrll have
power, without warrant, to arrest any ipersil cmiuitting a iuliti,,n o4f this a(t
ill lis Itpresence or view and to take slouch I irson imiediaitely for ex:lmin:ation (or
trial before an ilicer or court of cmnl)petent jurisdiction; shall have pov.eor to
exe,'cute any warrant or other pr e'e;s is.-ue' by an off'trei or court of co(-mpetent
juriisdi'ctlion for tlie enforceimenlt of the provisions of tlhis act; and shal have
authority, with a searlch warrant, to search anly place. The several jutil ,es of
the courts etablished under tlhe, laws of the United Statrs-, and Unit (., States
Commissioners, Vmay, within theirI resIp)(ctive jurisdictions, upon proper oath or
aflirnmaition slhiowing probable cause, issue warrants in all such ca:-rs. All birds
or parts, nests, or eggs thereoif, captured, killed, taken, shipped, transported,
carried, or possessed contrary to the provisions of this act or of any re- ulatio,,i-
mnade pursuant thereto sliall, when found, be seized by any such employee, or
by any marshal, or deputy marn-hal, and, upon conviction of the offtw.dler or
upon judgment of a (colrt of tlie(, United States, that the s.ani, were c'iptur'd,
killed, taken, shipped, transported, carried, or possei-sd .( coitrary to the provi-
sions of this act or of any regulation made pursuant thereto, sliall be forfeited
to the United States and di..sposed of as directed by the court having jurisdi'ct ion.
SEC. 6. That any person, association, partnership, or corporation who shall
violate any of the provisions of said convention or of this act, or who shall
violate or fail to comply with any regulation nmade( purs.-uiant to tlhis act. s.iall
be deviemed guilty of misdemieaior and upon conviction thereof shliall be fined not
more than $500 or be imprisoned not more tlih:an six nmontlih, or both.
SE('. 7. That nothing in this act sliall be co.,strued to prevent the several
States and Territories from making or enforcing laws or regulations not in-
consistent with the provisions of said convetition or of this act, or from mnakiln
or enforcing laws or regulations which shall give further protection to migra-
tory birds, their nests, and egLrs, if such laws or regulations do not extend the
open seasons for such birds beyond the dates approved by the Pres4ident in
accordance with section 3 of this act.
SFc. 8. That until the adoption and approval, pursuant to section 3 of this act.
of regulations dealing with migratory birds and their iic-t- and :. such
migratory birds and their nests and e-s as are intended and u.-'d exclusively
for scientific or propagating purposes may be taken, captured(, killed, po-set-sed,
sold, purcliaseil. shipped, and transported for such scientific or propal,;itigiL
purpIos if and to the extent not in conflict with the lawi; of the State, Terri-
tory, or Di-trict in which they are taken, captured, killed, pti-sesscd, sold, or
piurchlased, or in or from which they are shipped or transported if the packa",.s
coi taining the dead bodies or the nests or ,.rgs of such birds whini shipped and
transported shall be marked on the outi(le thereof so as accurately and clearly
to show the name and address. of the shipper and the contents of the p:ckage.
Sc:'. 9. That the unexpendled lhialv.es of any sums appropriated by the
agricultural appropriation acts for tli( li- f-cal years 1917 anl 191!. for enfor.-
ingu the provisions of tihe act approved March 4, 1913, relating to the protection
of inigratory game and insectivormis birds, are here]ly reappropriated and
made, available until expended for the explenses of carrying i into effect the pro-
visions of this act and regulations made pursuitait thereto, including the lpay-
menit of such rent, and the e.nploymient of such persons and nea:ns, as tlie
Secretary of Agriculture may deeni ne.ccsary, in the Dislrict of Columbia and
elsewhere, cooperation with local authorities in the protection of lniirratory
birds, and necessary invest igations connected therewith: Poiridil. That no
pers,11n Nvlio is subject to the draft for servicee in tlim Army or Navy shall be
exempted or excused from s.ucilh service by reason of his employment unher this
act.
SEL-C. 10. That if any clause, sentence, para,,rrarph. or part of this act shall,
for any reason, be adjudged by any court of competent jurisdiction to lie in-
valid, such jiudmen(.ut sliall not affect, impair, or invalidate i11, remaitindr
thereciof, but sliall lbe confined in its operation to the clas-c. sentence., paranraplih.
or part thereof directly involved in the cmintroversy in which su i li jud.g-nient
shall have been rendered.

Sec 4 applies to both minrrntory andml nnmirnratory birds. Botilc v. White (marshnil),
61 Fed" (2d) 930 (U. S. C. C. A.), Dec. 8, 19Q32. Petition for certiorari denied (53 Sup.
Ct. Rept. 656).


B. S. 821







BUREAU OF BIOLOGICAL SURVEY


SrC. 11. That all acts or parts of acts inconsistent with the provisions of this
act are hereby repealed.
S c. 12. Nothing in this act shall be construed to prevent the breeding of
migratory game birds on farms and preserves and the sale of birds so bred under
proper regulations for the purpose of increasing the food supply.
SEc. 13. That this act shall become effective immediately upon its passage and
apl)proval.


MIGRATORY BIRD CONSERVATION ACT

[Act of Feb. 18, 1929. 45 Stat. 1222-U. S. Code, Suppl. 4, title 16, sec. 715, as amended
by act of June 15, l.i5', title III, Public No. 148, 74th Congress.]
An Act To more effectively meet the obligations of the United States under the migratory
bird treaty with (Great Britain by rIf-sening the dangers threatening migratory game
birds fri-'n drainaino and other causes, by the acquisition of areas of land and of water
to furnish in perpetuity reservations for the adequate protection of such birds; and
authoriziiig alp- p)riations for the establishment of such areas, their maintenance and
i:.provemeut, and for other purposes.
Be it enacted by the Senate and House of Repreenitatfivcs of the United
Stat of Anicrica in Congrc.s. assembled, That this act shall be known by the
short title of "Mi -ratory Bird Conservation Act."
SEC. 2. That a commission to be known as the Migratory Bird Conservation
Commission, consisting of the Secretary of Agriculture, as chairman, the Secre-
tary of Con :.er'r.e, the Secretary of the Interior, and two Members of the
Senate, to be se<;tted by the President of the Senate, and two Members of the
House of Reprcspnitatives to be selected by the Speaker, is hereby created and
authorized to consider and pass upon any area of land, water, or land and
water that may be recommended by the Secretary of Agriculture for purchase
or rental under this act, and to fix the price or prices at which such area may
be purchased or rented; and no purchase or rental shall be made of any such
arcta until it has been duly approved for purchase or rental by said commission,
Any Me3mber of the House of Representatives who is a member of the commis-
sion. if reelected to the succeeding Congress, may serve on the commission not-
withstanding the expiration of a Congress. Any vacancy on the commission
shall be filled in the same manner as the original appointment. Thie ranking
officer of the branch or department of a State to which is committed the adminis-
tration of its game laws, or his authorized representative, and in a State having
no such branch or department, the Governor thereof or his authorized repre-
sentative, shall be a nmemler ex officio of said commission for the purpose of
consi(lering and voting on all questions relating to the acquisition, under this
act, of areas in his State.
SEc. 3. That the clnnmistsion hereby created shall, through its chairman, an-
nually report in detail to Congress, not later than the first Monday in De-
ceil ber, the operations of the commission during the preceding fiscal year.
SEC. 4. That the Secretary of Agriculture shall recommend no area for
purchase or rental under the terms of this act except such as he shall determine
is necessary for the conservation of migratory game birds.
SEc. 5. That the Secretary of Agriculture is authorized to purchase or rent
such area;is as have been approved for purchase or rental by the commission,
at the price or prices fixed by said commission, and to acquire by gift or devise,
for use as inviolate Sanvtiuaries for migratory birds, areas which he shall
determine to be suitable for such purposes, and to pay the purchase or rental
price and expone-s incident to the location, examination, and survey of such
areas and tbh acquisition of title thereto, inrlluding options when deemed neces-
s;iry by the Secretary of Agriculture, from moneys to be appropriately hereunder
by ('on re- from time to timie: Pi orid'cd, That no lands acquired, held, or used
by the Tinitc il tIs for military purp,,ses shall N, subject to any of tlhe
provisioms of this act.
SEc. 6. That the Secretary of Azriculture may do all things anl make all ex-
penditurv, n1,',,:iry to ;c'unre the safe title in the United SlItes to the areas
which Jiivy I acquired under this Act, but no payment shall be nnide for any
siu.l i at; uitil tie title thereto sihall he snti-ft.ctory to the AttornIy Gencral,
but the; acquisition of such nreas by the unitedd States sh.ll in no canse be de-
feated in,.; nj of right.- ,of-way, .a-,meivts, and reservations which from their
nature will in the opinion of the Secretary of Agriculture in no manner interfere
wvi ith the use of the ir',is so einciinihl,-ril for the purposes of this Act; but


IS. R. A,.







LAWS RELATING TO WILDLIFE PROTECTION


suchll rihts-of-way, eai..ieieis, aid rceri:vatiions ret airned4 by the gi;:i itor or
le:.-or Irouil whlomi the United States recet i\e., title undi.er this or any other
Act for tlin, zauis:lion by lit', Secrt.'liry 1,f A 'gricultur, of arc.a- for wildlife
refuges .-s; all lI. sillj-' L to rul,', and rul ulatlils 1,re-. tried by l i- S -rtary
of Agricuilture for the i< illr tionll, u se, oJ'priLationI, prote tion, ;aind adiiiiiiI-t r.itii,,
(f such. are;is as iluiidate (anitu;irie- for inigr rtory bird-. 4,r as refui-' for
wildlife; and it shall be exlres.-e.d in thle deetd or lea,.e that the i-r-. il,' illka-
tion, and ol'eratoni of such rigIi.s-of-way, thei.c i.,,,-. ;iud re-e 1 atinil. s.lull
be suburdiii;ite to and -subject to suchli rules- and lre' Pllations .is are -.el out in
such d(ed or lease or, if deemed Icece:ary by tihe Se. rtetary of Agri,'ulture,
to such rules and regulations as may i1 J p re-'ribed by him from time to time.
(Act of June 15, 111:8, title III, Public No. 148, 74th CoI:.)
SEC. 7. That it dt4.ed or instrunmient of conveyance sh iall eV ace.Ipted by the
Secretary of Agriculture under this act unless the State in which ti,. ar i lis
s-hall have con -sented by law to the acquisition by the United Stat,.- of lahindls
in that State.
SEC. 8. That the jurisdiction of the State, both civil and criminal, over ler-
sons upon areas acquired under this act sliall not be affected or chbynged by
reason of their acquisition and administration by the United States as migratory
bird reservations, except so far as the punishlnment of oftense.- ag;ini-t the
United States is concerned.
SEC. 9. That nothing in this act is intended to interfere with the 4per:Ition of
the game laws of the several States applying to migratory g:inime birds insofar as-
they do not permit what is forbidden by Federal law.
SEC. 10. That no person shall knowingly disturb, injure, or destroy any notice,
signboard, fence, building, ditch, dam, dike, embankomeniOt, flume, spillway, or
other improvement or property of the United States on any area acquired under
this act, or cut, burn, or destroy any timber, grass, or other natural growth, on
said area or on any area of the United States which heretofir'e has been or
which hereafter may be set aplart or reserved for the u-t% of thle Depart iinzet of
Agriculture as a gamc refuge or as a preserve or re.-ervation and brect-'lii.g
ground for native birds, under any law, proclamation, or Executive order, or
occupy or use any part thereof or enter thereon for any purpose, excelpt inll
accordance with regulations of the Secretary of Agriculture; nor shall any pevr-
son take any bird, or nest or egg thereof, on any area acquired under this
act, except for scientific or propagating purposes under permit of the Sec-
retary of Agriculture; but nothing in this act or in any regulation lthereunder
shall be construed to prevent a person from entering upon any area acquired
under this act for the purpose of lisliiug in accordance with the law of the State
in which such area is located: Provided, That such person c.mlies with the
regulations of the SLcrctary of Agriculture covering such area.
SKc. 11. That for the purposes of this act, iigratory birds are th,-e defined
as such by the treaty between the United S:ates and Great Britain for the pro-
tection of migratory birds concluded August 16, 1916.
SEC. 12. For the acquisition, including the location, examiination, and sliurey,
of suitable areas of ]ind,( water, or lahind and water for u.e as migratory bird
reservat:tions, and necessary expenIes incident thereto, and for the a!miniisl ra-
tion, maintenance, and developIment of such aTreas and other preserve.-.. rteerva-
tionis, or breeding grounds frequented by migratory L'11m1 birds and under the
admiWnist ration of the Sevretary of Agriculture, including tile constructionn of
idams. dikes, ditchets, flumes, spillways, buildings, and other noe.-snry improve-
ments, and for thlie elimination of the 1,ss of migratory birds from alkali poisi.-,
ing, oil pollution of waters, or other al-me, for cooperation with l.cal authorities
in wildlife co -tervattion, for investigations and publications relating to North
American bird s, for Iper-(oii.l s.iervice-z, prinlin i., ei 'grraving, and issuancl.e of
circuIlars, posters, and other tle:--:a'V i matter and for lie, enforcement of lie,
provisions of this act, there are authoriz-,d to be allipropriated, in addition to all
other amnitunts authorized by law to be appropriated, the following amounts for
thie fiscal y.eaIrs specified-
$75.1t00 for ie lii-'eal yenr ending June 30, 19:0;
$200.11010 for the fi-cal year ending June 30, 1W,31
$600.001) for tile fi-cal year endin-- June 3"). 1932:
$1,000.000 for the fiscal year viiding June 30, 1933;
$1.000.000 for each fiscal year thereafter for a Iperiod of six years; and
$200,010 for the fis-al year ending June 30, 1940, and for e:ich fiscal year
thereafter. Not more than 20 per centum of the amounts appropriated puirsu-
ant to this authorization for the fiscal year beginning July 1, 1930, and for


B. S.S2]







BUREAU OF BIOLOGICAL SURVEY


each fiscal year to and including the fiscal year ending June 30, 1939, shall be
expended for personal services in the District of Columbia and elsewhere inci-
dent to the administration and(1 maintenance of acquired areas, printing, engrav-
ing. and issuance of circulars and posters. No part of any appropriation au-
thlrized by this section shall be used for payment of the salary, compensation,
or expenses of any United States game protector, except reservation protectors
for tlhe administration, nmiLnttnance, and protection of such reservations, and
the birds. thereon: Proridcd. That reservation protectors appointed under the
provisions of this act shIll be selected, when practicable, from qualified citizens
of the State in which they are to be employed. The Secretary of Agriculture
is authorized and directed to make such expenditures and to employ such means,
including plcrs,'nal :-ervices in the District of Columbia and elsewhere, as may be
ne -'ess:ary to carry ,,ut the foregoing objects.
SEc. 13. Thlt for the efficient execution of this act, the judges of the several
courts established under the laws of the United States, United States commis-
sioners, and Jitt-.oi(is appointed by the Secretary of Agriculture to enforce this
neact shall have, with rerpiect thereto, like powers and duties as are conferred
by section 5 of the Migratory Bird Treaty Act (title 16, section 706 of the
United States Code) upon said judges, commissioners, and employees of the
Department of Agriculture appointed to enforce the act last aforesaid. Any
bird, or l, rt, nest or (.g thereof, taken or p(ossessed contrary to this act when
seiz',1 slinll be dispo.-ed of as provided by section 5 of said Migratory Bird
Treaty Act.
SI:. 14. Tliat any I E.r. on, association, partnership, or corporation who shall
violate or fail to compI)ly with any of the provisions of this act shall be deemed
guilty of a nl-dlemennor and upon conviction thereof shall be fined not less
than $10 nor more than $500, or be imprisoned not more than six months, or
bot h.
SEC. 15. Thliat for the purposes of this act the word take" shall be construed
to mean pursue, hunt, shoot, capture, collect, kill, or attempt to pursue, hunt,
shoot, capture, collect, or kill unless the context otherwise requires.
SEC. 16. Nothing in this act shall be construed as authorizing or empowering
the Migratory Bird Conservation Commission herein created, the Secretary of
AuT]rcl lture, or any other board, commission, or officer, to declare withdraw, or
determine, except heretofore designated, any part of any national forest or
power site, a migratory bird reservation under any of the provisions of this
;ct, except by and with the consent of the legislature of the State wherein such
forest or power site is located.
SEc. 17. That when any State shall, by suitable legislation make provision
adequately to enforce the provisions of this act and all regulations promul-
gated thereunder, the Secretary of Agriculture may so certify, and then and
thereafter said State may cooperate with the Secretary of Agriculture in the
enforcement of this act and the regulations thereunder.
S-:c. 18. That a sum sufficient to pay the necessary expenses of the commis-
sion and its members, not to exceed an annual expenditure of $5,000, is hereby
authorized to be appropriated out of any money in the Treasury not otherwise
appropriated. Said appropriation shall be paid out on the audit and order of
the chairman of said commission, which audit and order shall be conclusive
and binding upon the General Accounting Office as to the correctness of the
accounts of said commission.
SFc. 19. That if any provision of this act or the application thereof to any
person or circumstance is held invalid the validity of the remainder of the act
and of the application of such provision to other persons and circumstances
shall not le affected thereby.
SEC. 20. That this aet shall take effect upon its passage and approv-al.


AMENDMENT OF JUNE 15, 1935
[Act of June 15, 1935, Public No. 148, 74th Cong.]I
An Act To amend ttli Migritory Bird Hunflni,- fSamp Act of March 16. 19:%4. and certain
-thpr act; rliatingi to imie and other wildlife, administered by the Department iof
A -ri, 'lt urc, aind for other purposes.
TITLE III.--ACQ'l'-II I(N ()I' LANDS FOR MIGRA'1I;Y IrIH REFU'GI:S
Section :,01 aumends section 6 of the .Migratory Bird Conservation Act, as set out abovee. ]
SE'. :!t12. That when the public interests will be benefited thereby the Sec-
re ary of Agriculture is authorized, in his discretion, to accept (1I behalf of


IS. .&A.






LA\VS ,..IA ING TO WILLI, ')FE PIt)IECTION


the United Sritr,- title to any lanl v, hich III- ,.,'- c(.hielly vala:l:le for wvil(!-
life refui.-, ai',l in excha',(, ilerefor to c(tnvy )\ .,'d on loelhal f i the
Unititd States n equal value f l;iii(ds ; quired by himii for like piurlst-, (or
lie 1ma:y authori/.z the gi; iltu)ior it) cuit and lcill)ve tI1'*li stlch linds n qii;l
valum of tiiilher, lia:y, ,r oAt11r1 l products, or to (tlierwise use -.tid hii(ds, hle in
ctn-i11:Itiblde with ilie protection of lthe wvihllife thereon, ti:,- vahu- in eaI- i c. ie
to Ibe dete.iriiiI l)I y -;i id S., retry. Timlier or wol i'r I)ri(lu(icts so granted ';II i -all
blie cli and rl .!m ved, and other i-f e',(Xr'i-.,. under the laws a(nd re i4u laiiis
:IIIIiiil'le to sueh refu',. an1md iundier the direction of tl.I' Secretary o()f Ari-
cultulire 1and un11 r -i ieh isu l).r vision am l rl.-trictiovns as hi(- may r( resc-ri bi. A Iny
Linds acquired hy the S,.-retary of AgriIcultur.' under the termnis of tilis -cio)ii
sh;lall imjlnediaIely become a part of tih, refui.- or res'erva tion of which ite landl,
ti lliter, and( oier ro)hlducts or t-.-, given in exchange were or are a part a:mnd
slhall be administered uimder the laws and re-tulations appli(calble to sucl1 refluge
or re- er va t ion.
She. :;-;(;. That wvhenli the public interests will be lbe(nelite(l thereby vlie S.,
rotary of the Interior is autlhoriz.ed. in his di-'i',tionl, to i,)r. pt in Iea)(lIf )of
fliet, United Stat-'s title to any lands which, in thlie -,pinion of tlie S(c'retary
of A.\riculture, are chiefly valuable for miirato(ry i)ird or otli.'r wildlife ref.nl -,
;iandl in exthliai,', therefore may latent not to exeeed an equal value of survetyiced
or un-urvi'yed, unappropriated, and unre-,'rved nonmineral public lands )f tlie
United States in the :,ime State, the value in a;.,1] case to ui de(tleriniled by
the Seri'rtary of Agriculture. lBefore any such exchange is e(ffected n otice
,hereof, recitin: tihe lands involved, shall be published o()n(e each week for four
s5..ce-.sive weeks in some new-.poper of genervI circulation ill t (ie comity or
counties in which may be situated the lands prop,'-.-d to be granted by the
United States in -uch exchange. Lands conveyed to the Unit(ed State,: under
this sec*ti, n shall Ibe held and a din in i steered by the Secretary of Agriculture
under the termy'- of se(.(.ion 10 of the aforesaid Migratory Bird C(; nservation
Act of February 18. 1929, and all the provisions of saidl section of said Act
are hereby extended to and shall be applicable to the lands so acquired.
SEC. 304. That all the provisions of section 6 of the aforesaid Migratory Bir(l
Conservation Act, as hereby amended, relating to rights-of-way, ea-' iments. and(
reservations :-hall apply equally to exchanges effecte(td under thle provisions of
this Act, and in any such exchanges the value of such rights-of-way, ea(-seniets,
and re-ervations shall be cniiidered in determining the relation ef value of tlie
lahind(ls received by tihe United States to that of the land conveyed by the United
States.

MIGRATORY BIRD HUNTING STAMP ACT
[Act of Mar. 16, 1U34, 48 Sltit.. 451. as amended by title I of act of June 15. 19)35,
Public No. 14S, 74th (',!-. ]
An Act To supplement and support the M1-r:;tory Bird Conservation Act by pro1vi5i:,-
funds for the acquisition of areas for use as mnigratir'.-bird saiwtuari(es, r;,t'.i ,i
rlini gr'i 'ri1,,-.'! for develoi iii inig l ad(miiiistering such areas, for tho ipr teut in' of
certain miIratiry hiil-. for Ilih enforcement of III- Migriatory Bird T' ity Act :iand
rgulat iinn th,.ri.t, lr, and for other purposes.
B,' it enacted by the Sn('atc and House of Rcp'rei.ntatir, q of the lUnitcd
Statc4 of Americi in Coi grcss ,..si, itblcd, That no person over sixt,.,.' years (f
age sliall take any migratory waterfowl uinlv.-. at the time of such taking ihe
carri e- on his per-in anll unexpirkil Fede(rnil migratory-bird bunting stamp ')
validated by his si .)mature written by hiInself in ink acr'r-- the face of tlie
stamp prior to his taking --.eli birid'; exceptt that no such required for the ta:king of iii-ratory waterfowl by Federal or State institution
or 4iffirial a'encies, or for pr'ip;ig;ition. or by the re-ident o\(,., t.uanlitt, or
share crnipper of the ,r,)iperty or otlicially dleignated agen'ies of thlie IDe),in-t:i !t
of A-riiculture for the killing, under su-.li r,-It rictions as the S.,retary of
Agriculture nminy by regulation pre'-cribe, of such waterfowl when found in-
jurinmg crenp.' or other property. Any pi .r<,n to wl'iii a stamp has l,.*ii sol(
under this Act shall upon req(,,l-t exhibit such -.1amIp for inspi ,.tioin to any
, ficer or employee of the D'),lprtment of A'rici.lture autho)r;z.,*1 to enfor-, the
l)rvisions of this Act or to any officer of any State or any political sulbdlivision
thereof authorized to enforce ,ame laws.
[As nmond,.d by act of June 15, 1925, title I, Public No. 14s. 74th Cng.]J
S7,(;1-:;5 --2


B. S. '-,l







10 BUREAU OF BIOLOGICAL SURVEY LS. It. A.

St:,. 2. Thi;it the stamps rveluired by this Act sll be issued and s'dd by the
PO,-i OWli,-, Dep)artlmniit under regulations prevs-crilbe1 by thle Po.-t sisterr General:
P,-,cid, c(, Tli.,t the st:mill,4 shall be .sold at all pist offices of the first- and
.,e...td-(.l;I and at >ii-ulI others as the Postmaster Geileral shall direct. For
.;ich -,Urli stamp sold under the provisions of this Act there shall be collected
by the Post Otltire Dvp-itiment the sum of $1. No such stamp slhall be valid
unmit. any circullist alceis to authorize the taking of migratory -,aterfowl except
in (. mplianee with Federal and State laws and regulations and then only
when the per-,in s, t;ikiiig such waterfowl shall hiiniself have written his ,ima-
ture in ink across the face of the stamp prior to such takiin:.:. Each such stamp
shall expire and be void after the 30th day of June next succeeding its issu-
ance and all su'h stamps renm;liningi uii-,old by the Post Office Departmient at
the expiration of s,.lid June 30 .hall be destroyed by said Departiment. No
stamp sold under this Act shall be redeenl.ible by :-aid Department in ca-h or
in kind.
[As amended by act of June 15, 1985.', title I, Public No. 148, 74th Cong ]
SL:C. 3. Nothing in this act sliall be con,(:rued to authorize any per.-.. to take
any migr atory waterfowl otherwise than in accordance with regulations adopted
and approved pur-u;nIt to any treaty heretofore or hereafter (entered into be-
tw.eIin lihe United States and any other country for the protection of migratory
birds, nor to exempt any per-,n from complying with the game laws of the
several States.
SEC. 4. All moneys received for such :tam.ps shall be acctIUnted for by the
Post Office Del::tPi'tnent and Ilid into the Treasury of the United, States, and
shall be received and s,,t aside as a special fund to be known as the migratory
bird conservation fund, to be administered by the Secretary of Agriculture.
All moneys received into such fund are hereby appropriated for the fol4'wing
objects and shliall be available therefore until expended.
[As amended by act of June 15, 1935, title I, Public No. 148, 74th Cr(in.]
(a) Not h-4 than 90 per centum shall be available for the location, ;ascer-
tainient. acquisition, ad m in ii-t ration, maintenance, and development of suitable
areas for inviolate migratory-bird sanctuaries, under the provisions of the Mi-
gratory Bird ConI-trvation Act, to be expended for such )purpoe: in all respects
as imoneys appropriated pursuant to the provisions of such act; for the adminis-
tration. niaiiitenance, and development of other refuges under the administra-
tion of the S-'tIfIary of Agriculture, frequented by migratory game birds; and
for su..h investigations on such refuges and elsewhere in regard to migratory
waterfowl as the Se.retary of Agriculture m;iy de.em e.-setntial for the hicht,
utilization of the refitl: I and for the protection and increase of these birds.
(1)) Ti(, remainder sliall be available for ,xpsii-es in executing this Act, thei
Mir;uti(oy Bird Coi-erv:;ition Act, the Migratory Bird Tre.aty Act, and any
(olier Ai:- ti c.Trry into effect any tri:(ty for the protection of tni, iitory birds,
inci.loiirng pesonal services in thlie I)itrict of Columbia and v<.-x'l ,\ere, and
also iclutling advance allotments to be made by the Secretary of Aariciulur.e
t the Post Ofli'- ID)epartiment at such iie',1,-, and in such amounts as maly be
nlillt:-ily nr.t'e( nI)li by the Secretary of Agriculture and the Po-t iinater
Geneo :1 for direct expenditure by the Post Offlice Departnment for engraving,
ipriiting, i--,iing, selling, and tac..i,,iting for migratory bird hunting, stamps
aInd mnlys r'-,eived from tl he -;Ile thircof, personal service.- in thie Distri,.t
of (0'(lm)it and aflfelse'ere, aind for suchli other expenil-. ai- may be iw':,,;-."ry
in exe(IIIi(, tiHe duti, and functions required of the P(. tal Servi'-, by ti.s
Act : Proridc(d. h'lat tie Iprotection of said inviolate nfliu i tory-bird sanctuaries
i'-dl 1 t(. -.. far :s ) --;ii(le. under ''(-Iion 17 of the Mi;-;tory Buid Co .n-tri;L-
tion; .\t of FebrnilIry 1 ,. 1 8 )'.
I As amended by net of Junp 15, 19"5, title I, IP'iblic No. 14. 7-th C. iIL: ]
Sic. -5. (a) Thai; no person to whom las be, sold a migr:iory-b',i huntin-!
s:i !. valida-ted :I- provided in s'-,tion 1 of this Act. shall 1,)an or transfer
sia ; ;-t1Iip) to ally p)(rso' n (l 1'du ing the period of its v:ilidity: n,,or .,i:ill any
p(s 3 otllher Olw;n tl1e peIl'- l v-:idliida -I i'i -!-t:.i p use it for any pUp11',1)1,4
duiirir snli(l pe{r]od.
(11) 1'liii IH. pe';n s-]laI1 alIer. Tnulilitt', imiit:te. or llh fit any stamp
!tio 1w"i7.' 1y l!ii', A -I, or ijiitale or colllter'feit any l ie, pil.et, or ei'ravinI
t]': f'c r. 1'fi;il;. print, ()or Iliwii ly n1>e. sell, or have ill his is.e-io ,i any
sI1li c .'',? f1 il, die, pltle or e01l.'1'.evi.g.
I A. ',:::!'I i. I ,y 1 ; irt (if Jiun 15, 19:!5, ilI' I. PvI; Iic No. 14 -. 71lh 4 it", ]







LAWS REL.ATING TO IVLDA)IAFE '1F" TK'TION


6. Fur til. f.li -ieit execul ,;"n olf tlii- a .t, tle jud* -'-,( of tin' -,'v,'il f,,:rt *",
est.,)lis h1'i IfII IIII lte l \v, (of tl,' United Si;it'I-. United Stat'-; ( 1t1m liissi()oI rs,
aIId lier-4inls appointed byI the ,1, t:,ry if A riillt ure to olfr tl. tll' pr.vi-iiiis
of thii- act, .1:1all li:ive, wvithi relj'ct i 'ereto, Ike po1\\,r andl duti', as are ',., -
fei'lv' 111)p411 -:-il judle-. '('TLii i-io irs, and11(1 (' l)L)y((- of l li. I ,e,;iri':11 .rilit of
Agricirulilre bI)y the M.i"ator)y Bird Tr.;.ty Act or iany )oti r (act to -,.irry into
eff''i a111Ny ii ;ity for tlj'' pritecti, of I i.rat'y Iirds with re j-''''t to tialt '1't.
Any )irl or ila t thl'niOf talkt'ii 1' Ir ssc' 'l (.ontrary t") suc.l ict 1i;Ih1, (ll
sei/zt.,. I)e disp'.- d of as pro \ided )y lthe Migratory lBird TrlatIy Act, or acts
af r -.; i id.
Si-.r. 7. Any p-r-'- 1 who shall violate a11y provision of thi-4 act or who shaiill
violh;te or fail to mplly with ailly .-Ul:lation lIade pul -li;1iit therto >h .ll be
subject to the 1-i i ii,,- provided in -t. tion 6 of the M itii.Itory IirId '1,r.itly
Act.
SEC. 8. Tlie Set.-rclary of A.griculture is authliorize(lt o (:)ipl,!'ate wvith tlie
several State, ;ii.d Territoris inl the enforcement of the p1rvii,'ns of 1 his act.
SFc. 9 (a) Ternis defined in the irri-raitory Bird Trei.ty Act, o()r tli Mit- ;tory
Bird (' 'niservatl ion Act, -hiall, wlieii used in this act, have the n' an iini a--iitned
to su.h terns in ,luch acts re-pcctively.
(b) A-s ii-t,1 in this act (1) the term migratoryy waterfowl" means the
species enumerated in paragrapli (a) of subdivi-ion 1 of article I of the treaty
between the United States and Great Britain for the prtltection of minril,
birds concluded August 16, 1916; (2) the term State" includes the -cver'al
States, and Territories of the Vnited States and thlie I)istrict of Columbia ; and
(3) the term "take( piiie;!s 1,irsue, huiint, -hoot, (.capture, collectec, kill, or at-
tempt to pursue, hunt, sh.'t, c(:i)pture, coli.' t, or kill.


ESTABLISHMENT OF FISH AND GAME SANCTUARIES IN
NATIONAL FORESTS
[Act of Mir. 10, 1934-48 Stat. 400.]
An Act To establish fish and game san,-tuaries in the national forests.

Be- it cnvitt'd by the Scnate aid HIon.u,,' of R( iirc.,'ntijtires of lthe United
States of America ini Conqrc.x.. assembled, Tlhat for the purpr',- of providiiig
breed tin_ places for game birds, game animals, and fish on lands and waters
in the national fore-tts not chiefly suitable for agriculture, the President of the
United Siates is hereby authorized, ii," reI',innindati,,'n of the S,'r".tary of
Agriculture and the St cret;ry of C(,;niier e and with the approval of the
State legilituic.-; of the re-pective States in which said national foi.-.Its are
sittiuated, to establish by public proclamation certain spjlnified and limited areas
within said forc.-ts as li-li and game .,it..lnarie. or rtfuie's which ..liall be
devoted to the increa-i-o of 'm::ime birds, game animals, and fish of all kinds
naturally adapt,,d thereto, but it is not intended that the l;nlidm< included in
su(ch tidli and :;"anl- sanl11:1i/iries or refuges shall cea-Ie to be part- of the na-
tional forces wherein they are located, and the (,-;tblishment of -('nch fish
and ua lle .aneiicuirir-- or rcfl,- lsll not prevent the S,',retary of A.griculture
from pe'rj:itting itliher use(,s of the national fore-ts under and in conformity with
the laws and the rulo' and regulatio(ns applicable thereto so( far as such u-es,
]may be consistent with the purpio-r., fir which sui 11 i-l I and Lr:i me sa,',.taries
or refit ,es are authorized to be ,.tablislihd.
SEc. 2. That when sui ti
  • establi hied as provid'ld in section 1 of tl1i-. Act, hliuntinm. p1ur-uiiiL. poisoniilig,
    anglini for, killing, or capturing by trappivr.':, ntIlini. or any other ninen;< or
    nat ltejiitg to hunt, pur.su,. angle for, kill. or capture any wild anni:.il]s or li-h
    for any purptise w liatever upon the linds of lthe, United State- within the limits
    of said fiki and game '-anctuariev or ref'nn(,' shall be unlawful except na here-
    inafter provided, andt any pir,-i viol:ating any provision of liis Act or any
    of the rules amd regulations made under the pr,,vision-. of this Act shl:il 1 be
    deemed guilty of a nih-demeanor and -bnall upon convil i, n in any United States
    court be lined in a s.iim ot not exeedin'r $10 or impri-ninim-nt not exur'rding
    six monlhis, or both.
    SEC. 3. That the Secretarie(- of Ak-riculture and Comiiicr',o shall execute the
    provisions of this Act, and they are hereby jointly authorized to mak;iek nil


    B. S. S21







    12


    BUREAU OF BIOLOGICAL SURVEY


    [S.R.A.


    nieedful rules and regulations for the administration of such fish and game
    sanctuaries or refug.-. in ac-j(irdance with the purpose of this Act, including
    regulations not in contravention of State laws for hunltin_, capturing, or killing
    predatory animals, such as wolves, coyotes, foxe., pumas, and other species
    di--tructive to livestock or wild life or agriculture within the limits of said
    li-h and game sanctniries or refuilts: Proid(,1, Tim a the preCent jurisdiction of
    the States shall not be altered or changed without the legislative approval of
    bUcii States.

    COORDINATION OF WILDLIFE CONSERVATION ACTIVITIES
    [Act of Mar. 10, 1934, 48 Stat. 401.]
    An Act To promote the conservation of wild life, fish, and game, and for other purposes.

    Be it enacted by the Senate and House of Rcpreo.entatires of the United
    St',itc of Aiiw'rica in Con!ir(f.s <.i.'citbh d, That the Secretary of Agriculture
    and the Secretary of Commerce are authorized to provide expert assistance
    to and to cooperate with Federal, State, and other agencies in the rearing,
    stocking, and increasing the supply of game and fur-bearing animals and
    lish, in co('01,1ting di.t.ses, and in developing a Nation-wide programs of wild-
    life con-"'%i."tion and rehabilitation.
    S:. 2. The Secretary of Agriculture and the Secretary of Commerce are
    authorized to make such investigations as they may deem necessary to deter-
    mine the effects of domestic sewage, trade wastes, and other polluting sub-
    stances on wild life, with special reference to birds, mammals, fish, and shell-
    tish, and to imlk, reports to the Congress of their investigations with recomn-
    melndations for remedial men -uris. Such investigations shall include studies
    of methods for the recovery of wastes and the collation of data on the progress
    being made in these fields for the u-e of Federal, State, municipal, and private
    agencies.
    SEC. 3. (a) Whenever the Federal Government through the Bureau of Recla-
    mnation or otherwise, impounds water for any use, opportunity shall be given
    to the Bureau o(f Fisheries and/or the Bureau of Biological Survey to make
    such ui.< of the impounded waters for fish-culture stations and migratory-
    bird rating and nesting areas as are not inconsistent with the pIrimary use of
    the waters and/or the constitutional rights of the States. In the case of any
    waters heretofore impounded by the United States, through the Bureau of
    Reclamation or otherwise, the Bureau of Fisheries and/or the Bureau of Bio-
    logical Survey may consult with the Bureau of Reclamation or other govern-
    mental agency controlling the impounded waters, with a view to securing a
    gr.-;tter biological u,-, of the waters not inconsistent with their primary use
    and/or the constitutional rights of the States and make such proper uses
    thereof as are not inconsistent with the primary use of the waters and/or
    the constitutional rights of the States.
    (b) Hereafter, whenever any dam is authorized to be constructed, either
    by the Federal Government itself or by any private agency under Govern-
    ment permit, the Bureau of Fisheries shall be consulted, and before such
    construction is begun or permit granted, when deemed necessary, due and
    ad('quate provision, if economically practicable, shall be made for the migration
    of fihl life from thie upper to the lower and from the lower to the upper waters
    of -;iid dainm 1y means (if fish lifts, ladders, or other devices.
    SFC. 4. The Office of Indian Affairs, the Bureau of Fisheries, and the Bureau
    of Biological Survey are authorized, jointly, to prepare plans for the better pro-
    lectio( of the wildlife r(.-ources, including fish, migratory waterfowl and up-
    land game birds, game animals and fur-bearing animals, upon all the Indian
    r.i'r-vations and unallotted Indian lads coming under the supervision of the
    Federal Government. When such plans have been prepared they shall be pro-
    mul:-ited by lie Secretary of the Interior, the Secretary of Commerce, and the
    Secretary of Agriculture, who are authorized to make the neressv:;ary regulations
    for enforcement thereof and from time to time to c-iange, alter, or amend such
    re,4ulattion. <
    S c. 5. Tlhe Bureau of Biological Survey and the Bureau of Fisheries are
    hereby authoriz-d to make surveys of the wildlife resources of the public
    domain, or of any lands owned or lea-,d by the G,,vernment, to conduct such








    B. S.82] LAWS RELATING TO WILDI-'FE PROTECTION 13

    investigations as may be necessary for the dev%,eliopiiet (of a prozranm for tiit
    maintenance of an adequate, suppllly of wildlife in tI.(es areas, to e-t:lbli-lI
    thereon game farms andi fill cultural shinio-i ',,:it11 In-ie ra:te with 1lin heiePl
    for replenishing. the supply of game :wrl fur-laring animal- and liihl, anli. in
    cooperation with the Natiiial Palk Service. I',e Foircst Sorvice, or itlher Fed-
    eral agencies, the State ague(.i(.-, to coordinate and ,Iavlil l,.h "dequate toiii -li r-i e
    for wildlife control on s.uch -. :'nm farms and tfiih-cunltm ral stations: Proviled,
    That no such ga:ime farm sli.ill hereafter be establi-l-id in any State withtnt the
    consent of 1the legislature of that S14ite.
    SEC. 6. In carrying out the provi.ious of this Act the Federal a',;;ei<-- charged
    with its e(,forcenciiq:t may cooperate with other Federail anaci', nnd with
    States, .counties, imunicip:ilities, individuals, and public and private ageneie,
    orgalnizaItions "and instiitutio-, 'ind ma:iy ;ic' p1i donations ofh la1d1(ls. filled. ad1
    other aids to the develoiineilt of the program autho:-ized in this Act: Piri' l d.
    hoicwerer, That no sluch donations of land s,:ill Ie accel)tetd without 4.,.ti-,,nt of
    the legislature of the State in which sucli land may he situated: Pr,'rihd,
    That no autli.ority is given in this Act for setliin u)p any additional )I Ireau or
    division in any department or co(,'ii-ion, and slhall not ianthorize any addi-
    tional appropriation for carrying out its purp,(-.:-.



    LACEY ACT, REGULATING INTERSTATE COMMERCE IN WILD
    ANIMALS
    Federal laws affecting the shipment of wild animals comprise st atutes iA,.i 8tin2 inter-
    state commerce by comnimon carrier in the (had bcldis or parts .I, reof, amid ttPu imlportation
    of live birds and mammals from foreign country. -z, as follows:
    [Act of Mar. 4, 1909., ."5 Stat. 113T7, to codify, revise, and aiiiird the ptnal l;ws of the
    Ignited States (U. S. ('ode, title 18, sees. ,;.:l to 391). as .am .d INy act of .'uwo 15,
    1935, title II, Public No. 148, 74th Cong ]

    SF-c. 241. The importation into the United States, or any Territory or Diisl trict
    thereof, of the mongoose, the so-called flying foxf-s or fruiIt hats, the ish
    sparrow, the starling, and such other birds and aiiinimals as the Secretary of
    Agriculture may from time to tino del, lare to Ie injurious to the int.re.-ts of
    agriculture or horticulture, is hereby prohibited; and ail such birds and ani-
    mals, shall, upon arrival at any port of the United States, be destroyed or re-
    turned at the expense of the owner. No person shliall import into the United
    States or into any Territory or Disliriot thereof any foreign wild n1inii:l or
    bird, except under special permit from the Seciwretary of Agriculture: PrnIoridvrd,
    That nothing in this section shall restrict the importation of natural-history
    specimens for mu.-etiiis or scientific collections, or of certain cage birds, sr'li
    as domesticated canaries, parrots, or such other birds as the Secretary of Ag-
    riculture may designate. The Sect'rPiary of the Treasury is hereby authorized
    to make regulations for carryin,.r into effect the provisions of this ertion.
    S.Ec. 242. It shall be unlawful for any per.-on, firm, corpora I ion, or associa-
    tion to deliver or knowingly receive for shipment, traniisliortation, or carriage,
    or to ship, transport, or carry, by any means whatever, from any State. Terri-
    tory, or the District of Columbia to, into, or through any other State, Terri-
    tory, or the District of Columbiia. or to a foreign country any wild animal or
    bird, or the dend body or part lhereof, or the eg of any such bird imported
    from any foreign country contrary to any law of the United States, or cap-
    tured, killed, taken, l)urchased, sold, or possessed contrary to any such law,
    or captured, killed, taken, shilipedl, transported, carried, pJi rcn.lwsd. d, or
    posses.(ed contrary to the law of any State, Territory, or the District of Co-
    lumbiia, or foreign country or State, Province, or other subdivision thereof
    in which it was captured, killed, taken, pur,'h:ase.d, sold, or possesid or in
    which it was delivered or knowingly received for shipnmict, transplortation, or
    carriage, or from which it wa-is shipped, tran.msorted, or ca.rriedl; :nd it -iiall
    b)e unlawful for any pe.rson. firm, corporation, or association to I ro wqport, bring,
    or convey, by any me:"s whatever, from any foreign country into the United
    States any wild animal or bird, or tlhe dead body or part tler,.,of, or the ', of
    any such bird captured, killed, taken, shipped, transported, or carried coin-
    trary to the law of thli foreign country or State, Province, or oilither subdivision







    14


    BUREAU OF BIOLOGICAL SURVEY


    [S. R. A.


    Ilhivtof in which it was captured, killed, taken, delivered, or knowingly re-
    ceived fr shilIment, transportation, or carriage, or from which it was shipped,
    I i'zusported, or carried; and no person, firm, corporation, or association shall
    knowingly purchase or receive any wild animal or bird, or the dead body
    or l'1 it thereof, or the c-gg of any such bird imported from any foreign country
    or shipped, transported, carried, brought, or conveyed, in violation of this
    si.ction; nor shall any person, firm, corporation or association purchasing or
    receiving any wild animal or bird, or the dead body or part thereof, or the egg
    of any such bird, imported from any foreign country, or shipped, transported,
    or carried in interstate coiimmierce make any false record or lender any account
    that is false in any respect in rtf'rence thereto.
    [As aienided by act of June 15, 1935, title II, Public No. 148, 74th Cong.]
    S,:c. 243. All pla'kages or containers in which wild animals or birds, or the
    dead bodice's or parts thereof, or the eggs of any such birds are shipped,
    transported, carried, brought, or conveyed, by any means whatever, from one
    State, Territory, or the District of Columbia to, into, or through another State,
    Territory, or the District of Columbia, or to or from a foreign country shall be
    plainly and clearly marked or labeled on the outside thereof with the names and
    addru-s es of the shipper and consignue and with an accurate statement showing
    by number and kind the contents thereof.
    [As amended by act of June 15, 1935, title II, Public No. 148, 74th Cong.]
    Si:'. 244. For each evasion or violation of, or failure to comply with, any
    provision of the three sections last preceding, any person, firm, corporation, or
    association, upon conviction thereof, shall be punished by a fine of not more
    thllini $1,000 or by imprisonment for not more than six months, or both.
    [As amended by act of June 15, 1935, title II, Public No. 148, 74th Cong.]
    [Act of May 25, 1900-31 Stat. 187.]

    SEC. 1. That the duties and powers of the Department of Agriculture are
    hereby enlargcdl so as to include the preservation, distribution, introduction,
    and re-[oration of game birds and other wild birds. The Secretary of Agri-
    culture is hereby authorized to adopt such measures as may be necessary to
    carry out the purposes of this act and to purchase such game birds and other
    wild birds as may be required therefore, subject, however, to the laws of the
    various States and Territories. The object and purpose of this act is to aid in
    the restoration of such birds in those parts of the United States adapted
    thereto where the same have become scarce or extinct, and also to regulate the
    introduction of American or foreign birds or animals in localities where they
    have not heretofore existed.
    The Secretary of Agriculture shall from time to time collect and publish
    useful information as to the propagation, uses, and preservation of such birds.
    And the Secretary of Agriculture shall make and publish all needful rules and
    rciilations for carrying out the purposes of this act, and shall expend for said
    purpises suchi sums as Congress may appropriate therefore. (U. S. Code, title
    16, :-,c. 701.)
    SEC. 5. Tli:it all dead bodies, or parts thereof, of any foreign game animals,
    or '.,ine or song birds, the importation of which is prohibited, or the dead
    bodi,-e, or parts thereof, of any wild game animals, or game or song birds
    transported into any State or Territory, or reni:ining therein for use, con-
    sutmption, sale, or storage tlh(rein, shall upon arrival in such State or Terri-
    tory be subject to the operationn and effect of the laws of such State or Terri-.
    tory enacted in the exenwi-., of its police powers, to the same extent and in the.
    saiiiE manner as thou,.li such animnals or birds lad been produced in such State
    or Territory, and shall not be exempt therefrom by reason of being introduced
    lhlerc:n in ori-i, il l';rk:ige. or otherwise. This act shall not prevent the
    importation, transportation, or sale of birds or bird plumia:ge manufactured from
    the feathers of barnyard fowl. (U. S. Code, title 16, s.c. 395.)







    B. s. 82]


    LAWS RELATING TO WILDLIFE PROTECTION


    15


    AMENDMENT OF JUNE 15, 1935
    [Act of June 15, 1i:.5. Public No. 14 74th ( jng.]
    An Act To amend the Migratory P.irt Illinthi Stanip Act of March 16. lf'1,. and certain
    other acts relaitiiing to anie and othlier wildlife, administered tby the De-pai inuzt of
    Agriculture, anid ior other purposi.s.

    TITLE II.-INTER.STATE (OMM I lcK IN CAME ANt) OTF1R 1\ VIIDL IkFE KI[.I.L>D i1 .'ilI1IPj'KU
    IN VIOLA I[IiN OF LAW
    SEC. 202. That any employee of the Dp.irtm'unt of A-rie'dilture authI.riz,,d by
    the Secretary of Agriculturet to enforce the provisi,.n-; of :-lid secti oi ; 212 aind
    243, and aJny officer of the customs, -hlll have 1',wer to arrest any I,,r-,n ciom-
    mitting a violation of any provision of said -i.ctioii.s in his pri.4.,. ,r viw :;td
    to take such person immediately for cx mill;;tion or tri:tl before an offi.-'r or
    court of comnl)eItent jurisdiction; .,hall have power to ex', nte any warrant or
    other process issued by an oftihUr or court of co)mil'ent juri:,ldition to enforce
    the provisions of :-aid .tio,.-.; and -,hill have antti.rity to xc' ute any vwairr.nt
    to search for and size wild animals or birds, or the d1.id b. ,io.r or parts tlier(o,)f,
    or the eggs of stuch birds, delivered or received for shii, ..Ut, trniij-iortation, or
    carriage, or shipped, transp,,rtd,1, c:irried, bronTh.lt, conveyed. rnilnht :-ld. or
    received in violation of said sections 242 and 243. Any judge of a court
    established under the laws of the United States or any United Stattes o.itnidi-
    sin er may, within his jurisdiction, ulpn prol ,r oth or affirmiatitii shi,\ing
    probable cau-e, i:sus, warrants in all such ci-r-. Wild animals or birds, or
    the (ldoad bodies or 1i;irts tliertif. or the "-Zs of su .h birds, delivered or r,' '.ived
    for shipment, tra n-portation, or carriage, or shipIj)ed, transort(ed, carri,'i,.
    brought, conveyed, piurclha-d, or receiv',d c' ,trary to the provisions (of -iid(1
    sections 242 and 243 shall, when found, be taken into pss.-.in and custody by
    any such employee or by the United Stat.s mar-h;il or his ,li-,'ity, or by any
    officer of the customs, and held pendin.g dispsition tliere,,f by tlie, ciI f : a;11d
    when so taken into possession or custody. upi,,, conviction of Hir1, offender oir
    upon judgment of a court of the United States that the same were delivered
    or received for shipment, transportation, or carriage, or were shipped, trans-
    ported, carried, broutiht, conveyed, punrhanscd, or received contrary to any
    provision of said sections 242 and 243, or were imported in violation of -Iny
    law of the United States, as a part of the penalty iand in aildition to any fine or
    imprisonment iniposed under aforesaid ;ection 244. or otherwie, -;lia1l be for-
    feited and disposed of as directed by the court.


    LAW PROTECTING WILD ANIMALS AND BIRDS AND THEIR EGGS
    AND GOVERNMENT PROPERTY ON FEDERAL REFUGES.
    [Act of Mar. 4, 196C., 35 Stat. 1137, to clifry. revise, anid amend the ppna! laws of
    the United States (U. S. Cude, title 18, sec. 145), as amended Apr. 15, 1924, 43 Stat.
    98.]
    SEC. 145. Whoever shall hunt, trap, capture, willfully di u-b. or kill any
    bird or wild animal of any kind whatever, or take or dI-troy the ,'< of any
    such bird on any lands of the United States which have 1,i -n -wt partt or re-
    served as refuges or breeding grounds for such birds or animals by any law.
    proclamation, or Executive order, except under such rules and rezitltions ;:1
    the Secretary of Agriculture may, from time to time. prescribe, or who shll
    willfully injure, molest, or destroy any property of the United S :ites .tn any
    such lands shall be fined not more than $50)., or impriso i d not nire than
    six months, or both.


    PARTICIPATION OF STATES IN REVENUE FRlOM CERTAIN
    WILDLIFE REFUGES
    [Act of June 15, 10.:5. (Public No. 14R. 74th 0',. z), to amepnd the 1Mi11'1t0ry Bird I lln.i.i!,
    Stninp Act of Mar. 16, 19!34. and certain other acts r,'Iati'i to gaiet a;nl ,th -r
    \\ildlif'', administ,-rcd by the I..i'artmen t of Amri.'uit r, and for o.th r .pui ...- ]
    SEC. 401. That 25 per centumin of all mnioiey r,, 'ivedl dunriiir ..li fi-:il
    year frimin the sale or other dispisition of surpln-, wildlife, ,r of tiniber, 1i y.
    grass, or other spontaneous products of the soil. -hell, sand. or --r:-ivel. and







    16 BUREAU OF BIOLOGICAL SURVEY [S. R. AJ

    from other privileges on refuges established under the Migratory Bird Con-
    servation Act of February 18, 1929, or under any other law, proclamation, or
    Executive order, administered by the Bureau of Biological Survey of the United
    States Department of Agriculture, shall be paid at the end of such year by the
    Secretary of the Treasury to the county or counties in which such refuge is
    situated, to be expended for the benefit of the public schools and roads in the
    county or counties in which such refuge is situated: Provided, That when any
    such refuge is in more than one State or Territory or county or subdivision, the
    distributive share to each from the proceeds of such refuge shall be propor-
    tional to its area therein: Provided further, That the disposition or sale of
    surplus animals, and products, and the grant of privileges on said wildlife
    refuges may be niade upon such terms and conditions as the Secretary of
    Agriculture shall determine to be for the best interests of government or for
    the advancement of knowledge and the dissemination of information regarding
    the conservation of wildlife, including sale in the open market, exchange for
    animals of the same or other kinds, and gifts or loans to public or private
    institutions for exhibition or propagation: And Provided further, That out of
    any moneys received from the grant, sale, or disposition of such animals,
    products, or privileges, or as a bonus upon the exchange of such animals the
    Secretary of Agriculture is authorized to pay any necessary expenses incurred
    in connection with and for the purpose of effecting the removal, grant, disposi-
    tion, sale, or exchange of such animals, products, or privileges; and in all
    cases such expenditures shall be deducted from the gross receipts of the refuge
    before the Secretary of the Treasury shall distribute the 25 per centum thereof
    to the States as hereinbefore provided.


    PENALTIES FOR SETTING FIRES ON PUBLIC DOMAIN

    [Act of Mar. 4, 1909-U. S. Code, title 18, Criminal Code and Criminal Procedure]

    SEC. 106. Whoever shall willfully set on fire, or cause to be set on fire, any
    timber, underbru-h, or grass upon the public domain, or shall leave or suffer fire
    to burn unattended near any timber or other inflammable material, shall be
    fined not more than $5,000, or imprisoned not more than two years, or both.
    SEc. 107. Whoever shall build a fire in or near any forest, timber, or other
    inflammable material upon the public domain shall, before leaving said fire,
    totally extinguish the same; and whoever shall fail to do so shall be fined not
    more than $1,000, or imprisoned not more than one year, or both. [Constitu-
    tional, U.S. v. Alford, 274 U.S., 264.]


    PROVISIONS OF TARIFF ACT REGULATING IMPORTATION OF
    PLUMAGE, GAME, ETC.
    [Act of June 17, 1930-U.S. Code, supplement IV, title 19, Customs Duties]
    TITLE I.-DUTIABLE LIST

    SCII-ElULE 7.-AGRICULTURAL PRODUCTS AND PROVISIONS

    PAR. 704. Reindeer meat, venison, and other game (except birds), fresh,
    chilled, or frozen, not specially provided for, 6 cents per pound.
    PAR. 711. Birds, live: Chickens, ducks, geese, turkeys, and guineas, 8 cents per
    pound; biby chicks of poultry, 4 cents each; all other live birds not specially
    provided for, valued at $5 or lesz each, 50 cents each; valued at more than $5
    each, 20 per centumn ad valorem.
    PAR. 712. Birds, dead, ldrcsoed or undressed, fresh, chilled, or frozen: Chickens,
    duk other, 10 cents per pound; all the foreg,,ing, prepared or Ipreserved in any man-
    ner and not specially provided for, 10 cents per pound.
    PI'AR. 715. Live animals, vertebrate and invertebrate, not specially provided for,
    15 per centumi ad valorem.







    IL S. 821 LAWS RELATING TO WILDLIFE PROTECTION 17

    SC'HEDI'LE 15.--iI'.NRuI.S

    PAI. 1518. Feathers and downs, on the skin or ,thlivrwi-e, cirude, r iot lre-,ssed,
    colored, or otherwise advanced or ni inufactiured in any jlilanlier, iit, '-lp.enially
    provided for, 20 per centui ad v:alhireiii; dnre-sd, ctilJred, or otlerXwi.-e ad-
    vanced or manufiictured in any mnaiiner, inrclulinlt. quilts if do\u aiind olhiir
    manifactures of dowii, (0 lii'r cenliiiiin ad valoremiu; featli.r di,-t'r-,, 45 per
    centumn ad valorem; aritificial or orii netiitai featli'ers suitable for ui. as
    millinery orna iments. t6 per centum ad valoreim; and all arti-iil- ii(L
    specially providedil for, cmiipo,-wel wholly or in chief value of any of the feathhers,
    above mentioned, shall be subject to thi, rate of duty provid(ld in iili-4
    paragral)h for suc.i materials, but not le.-s tlian 0) per centum nld \ ;ilr',' : Pro-
    vided, Tliat the inip)ortation of birds of paradise, aigrettes, egret pluinm.s or -
    called oslprey plu ics, and the feathers, quills, lheaid?, wing-. tails, .ki:,,. or I)ar.-I
    of skins, of wild birds, either raw or nianufactured, and not for scieniitlic or
    educational purposes, is hereby prohibited; but this p)rovisioin -lhall inot apply
    to the featliher, or plumes, of ostrichles or to the feathers or plmiei-- of doniitAic
    fowls of any kind: Prfiridd furthti.r, That birds of paradise, and the feathelir-,.
    quills, liheads, wiings. tails, skins, or parts thereof, and all ai:'r.ttes, ',n.t
    plumes, or s,)-(alled (o-,I rey pluioes, and tlhe feathers, quills, heads, whi,::. tails,
    skinq, or parts of skins, of wild birds, either raw or manufactured, of like kind
    to these the importation of which is prohibited by the foregoing Iprovisions of
    this paragraph, which may be found in the United States, on and after tlihe
    passage of this Act, except as to such plumage or p:rts of birds in ictl.il u-,
    for personal adornment, and except su(.h plumiage, birds or p;:rts t1wrlinof im-
    ported therein for scientific or educational purples, shall I.e :' -urr'd for tli,
    purpose of seizure to have been iniported unlawfully after October 3, 1913, and
    the collector of customs shall ,eize the .siame unless the p),scssor thereof shall
    establish, to the satisfaction of the collector that the same wer, imported into
    the United States prior to October 3, 1913, or as to suih plumage or parts of
    birds that they were plucked or derived in the United States from bir', law-
    fully therein; and in case of seizure, by the collector, he shall proceed as in
    case of forfeiture for violation of the cu-tmnis laws, and the -:tine shall be for-
    feited, unless the claimant shall, in any legal proceeding to enforce suc:lh for-
    feiture, other than a criminal prosecution, overcome the p'e-ump,)tion of illegal
    importation and establish that the birds or articles seized, of like kind to tho-te
    mentioned the importation of which is prohibited as above, were imported into
    the United States prior to October 3, 1913, or were plucked in the United States
    from birds lawfully therein.
    That whenever birds or plumage, the Importation of which i, prhibited by
    the foregoing provisions of this paragraph, are forfeited to the Government. the
    Secretary of the Treasury is hereby authorized to place the sa tie with the
    departments or bureaus of the Federal or State Governments or societies or
    museums for exhibition or scientific or educational purposes, but not for sale or
    personal use; and in the event of such birds or plumniage not l),iin required or
    desired by either Federal or State Government or for educational purposes, they
    shall be destroyed.
    That nothing in this act shall be construed to repeal the provisions of the act
    of March 4, 1913, chapter 145 (Thirty-seventh Statutes at Large, p. 847), or the
    act of July 3, 1918 (Fortieth Statutes at Large, p. 755), or any other law of the
    United States, now on force, intended for the protection or preservation of birds
    within the United States. That if on investigation by the collector before seiz-
    ure, or before trial for forfeiture, or if at such such trial if si'h seizure has
    been made, it shall be made to appear to the collector, or the prosecuting officer
    of the Government, as the case may be, that no illegal importation of such feathers
    has been made, but that the piossession, acquisition, or purchase of such feathr-
    is or has been made in violation of the provisions of the act of 1March 4, 1913.
    chapter 145 (Thirty-seventh Statutes at Large, p. 847), or the act of July 3, 1918
    (Fortieth Statutes at Large, p. 755), or any other law of the United States, now
    of force, intended for the protection or preservation of birds within tle United
    States, it shall be the duty of the collector, or such protecting oflicir, as the
    iase may be, to report the facts to the proper ifrciails of the United States, or
    State or Territory charged with the duty of enforcing such laws.
    PA&. 1519. (a) Dressed furs and dre-;ed fur skins (except silver or black
    fox), and plates, mats, linings, strip,, and cro-ses of dressel (ldo. gnt, or kid







    18 BUREAU OF BIOLOGICAL SURVEY [S. R. A,

    s.kins, 25 per centumi ad valorem; all the foregoing, if dyed, 30 per centum
    ad vahoremi.
    (b) MIManufac(tures of fur (except silver or black fox) further advanced than
    dressi.ig, prepared for use as material if not dyed, 35 per centum ad
    valorem; if dyed, 40 per centum ad valorem.
    (c) Silver or black fox furs or skins, dressed or undressed, not specially pro-
    vided for, 50 per centumin ad valorem.
    (e) Articles wholly or partly manufactured (including fur collars, fur cuffs,
    and fur trinnmihigs), wholly or in chief value of fur, not specially provided for,
    50 per centuln ad valorem.
    PAR. 1520. Hitters' furs, or furs not on the skin, prepared for hatters' use,
    including fur skins carroted, 35 per centum ad valorem.
    PAR. 1530. (c) Leather made from the hides or skins of *
    reptiles and birds, 25 per centum ad valorem.
    PAR. 1535. any prohibition of the importation of feathers in this act
    shall not be construed as applying to artificial flies used for fishing, or to feath-
    ers used for the manufacture of such flies.
    TITLE II.-FREE LIST

    SCHEDULE 16

    PAR. 1606. (a) Any animal imported by a citizen of the United States specially
    for breeding l)urposes, shall be admitted free, whether intended to be used by
    the importer himself or for sale for such purposes, except black or silver foxes:
    Provided, That no such animal shall be admitted free unless purebred of a
    recognized breed and duly registered in a book of record recognized by the
    Secretary of Agriculture for that breed: Provided further, That the certificate
    of such record and pedigree of such animal shall be produced and submitted
    to the Department of Agriculture, duly authenticated by the proper custodian
    of such book of record, together with an affidavit of the owner, agent, or
    importer that the animal imported is the identical animal described in said
    certificate of record and pedigree. The Secretary of Agriculture may prescribe
    such regulations as may be required for determining the purity of breeding
    and the identity of such animal: And provided further, That the collectors of
    customs shall require a certificate from the Department of Agriculture stating
    that such animal is purebred of a recognized breed and duly registered in a
    book of record recognized by the Secretary of Agriculture for that breed.
    (b) The Secretary of the Treasury may prescribe such additional regulations
    as may be required for the strict enforcement of this provision.
    (c) the provisions of this act shall apply to all such animals as
    have been imported and are in quarantine or otherwise in the custody of
    customs or other officers of the United States at the date of the taking effect
    of this act.
    PAR. 1607. Animals and poultry, brought into the United States temporarily
    for a period not exceeding six months, for the purpose of breeding, exhibition,
    or competition for prizes offered by any agricultural, polo, or racing association;
    but a bond shall be given in accordance with regulations prescribed by the
    Secretary of the Tre.asury; also teams of animals, including their harness and
    tackle, and the wagons or other vehicles actually owned by persons emigrating
    from foreign countries to the United States with their families, and in actual
    use(, for the p)urpos)e of such emigration, under such regulations as the Secretary
    of the Treasury may prescribe; and wild animals and birds intended for
    exhibition in zo,)ologicail collections for scientific or educational purposes, and not
    for s.;ile or profit.
    PAR. 1671. Eggs of birds, fish, and insects (except fish roe for food purposes) :
    Provided. Thiat the importation of egg.s of wild birds is prohibited, except eggs
    c(f game birds imported for propagating purposes under regulations prescribed
    by the Seeret;t ry of Agriculture, and speciimens imported for scientific collections.
    PAR. 1681. Furs and fur skins, not specially provided for, undressed.
    PAR. 1682. Live game, animals and birds, imported for stocking purposes, and
    game animals and birds killed in foreign countries by residents of the United
    States and imported lby them for noncoimner-ial purpIs)es; under such regula-
    tions as the Secreatry of Agriculture and the Secretary of the Treasury shall
    proscribe.
    PAll. 1741. Pigeons, fancy or racing.







    r. 8.82]


    LAWS RELATING TO WILDIIFE I'i* OTECTION


    19


    PAR. 176:5. Skinl ,f all kinds, raw, aind hides not specially lproided for.
    P.\R. 1767. Sp.l ecies of natural history', b4itanty, and minira:logy, wlnnn
    imported for sw.ientifi: public collection-ii, uanditl not fol) '-asl.
    TITLE IV.-ADMINISTRATIVE PROVISIONS

    I.MI'OI:TATION 0OF W,11.1 M.' MWMALS ANMD IR1D.S IN VIOl.ATION OF VI-'iIGN LAW
    SiC.( 527. (a) Impo'rtation prohibited.-If the lws or reulatiions of any
    country, deplcinde'cy, i'povince, or othlr subdivision of goivernmictrit rv-tri't the
    taking-, killing, 1<,:ss.,sion, or eXlioritation to the United St:it'-s of any wild
    imammnial or bird, alive or d.-aid, or restrict thi' xiprtation to tie Unitoed Statos
    of any part or product of any wild ui:iminial or bird, whether r.iaw or nijiu-
    fa'ctured. ino such imilaimmtal or bird, or part or product thirt'if, .li;tll. after t1iw
    exlirattiom of ninety days after the en.,i'nt-n.t of this act, be imported into
    the Unitted States from .uicII country, (1dlpendelncy, provi'ii e, or other subdivi-
    sioin of government, directly or indirectly, Ulih1 :- w'Ciiimp;tniled by a certifii'-:tion
    of thle United Sta s (., ciiul, for the c4i'i-.ular district in which is 1-,,-ted tHie
    port or place from which such mai inal. or bird, or part or prod ti.t tlicr,.if,
    was exported from su.ch country, dependency, province, or other -,hdivision
    of g'verninient, tlia;tt :Urh maJmmal or bird. or part or Ipro liuct thereof, has tiot
    been acIqIuired or exported in viol;ati,,'i of the laws or regl.;itions of -ii.h
    country, dependency, province, or other subdivisi,,n of gvv 'rtnmrent.
    (b) Forfeiture.-Any ntmaminal or bird, alive or dead, or any I' ;'rt or produ,.t
    thereof, wlhtlher raw or ma iinufactured, imported into the United States in viola-
    tion of the provisions of the prectdinwr subdivi.!i1ii shall be subject to -'.ii ro
    and forfeiture under the customs laws. Any such article i' forfeited -lay,
    in the discretion of the Secretary of thie Treasury and under such r:, ill;itions
    as lie may prescribe, be placed with the d,.zpartments or bureaus of the Federal
    or State Governments, or with societies or musuis, for exhibition or i. i, ,titic
    or e(duational purpoi.ss-4, or destroyed, or (except in thl;e case of lia'b or horns
    of wild mammals) sold in the mi:nner provided by law.
    (c) Section not to opply in certain c.,x. ,..-The provisiins of this --ttion -1riall
    not apply in the case of-
    (1) Prohibited imlhportation.,.-Arti.les the importation of which is ilriibit,'d
    under the provisions of this act, or of section 241 of the Criintiiial Code, or of
    any other law;
    (2) Scientific or educational purpo.,cs.-Wild mamnials or birds, alive or
    dead. or parts or products thereof, whether raw or manufartu red, imported for
    scientific or educational purposes;
    (3) Certain migratory y.ime birds.-Migratory game birds (for which an open
    season is provided by the laws of the United States, and any foreign country y
    which is a party to a treaty with the United States, in effect on tle (late
    of importation, relating to the protection of suctl migratory ,anie bhird') brought
    into the United States by bona fide sportsmen returning from hunting trips in
    such country, if at the time of importation the poss.ossion of such bird- is not
    prohibited by the laws of such country or of the United States.



    CANADIAN TARIFF ACT PROHIBITING IMPORTATION OF PLUMAGE, MONGOOSES,
    AND CERTAIN BIRDS
    The importation of bird plnm.ig, into Canada for millinery purposes is prohibited by
    tariff item 1212 under s'-hdliilp C (prohibited goods), as aldd',d by section 5 of the
    C'anailian Customs Tariff Act of 1914. Item 1212 prohibits ttie entry of the following:

    1212. Ai'rettes, egret plumes or so-called prey plunmes, and the feathers,
    quills, heads. wings, tails, skin,, or parts of skins of wild birds either raw or
    manitufactured; but this provision shall not appry to:-
    (a) The feathers or plumes of ostriches;
    (b) The plumage of the En'l.ish phea-,-nt and tlt- Indian pi,.c,.ck ; thi, plum-
    age of wild birds aund groulmps rec,'-.rnizId :ns g,;inme birds in :ny (Cana dian g.mtie
    law, and for which an open slea:on is providetl lhl'rirllndcr;
    (e) The plumage of birds imported alive; nor to-
    (e) Spe-ittens imported under r,'.ulati)n-s of the Mini-1er fr any natural
    history or other niusnvuni or for sivi'itifir or educatiintl purp,,ses.







    BUREAU OF BIOLOGICAL SURVEY


    [S. R. A.-B.S. 821


    Item 1214 under suhediile C (prohibited goods), as added by the customs tariff act,
    effective May 24, l22, prohibits the entry of the following:
    1214. (a) Common mongoose (Hcrpe.tcs griseus) or mongoose of any kind;
    (b) Common mynah, Chinese mynah, crested mynah, or any other species of
    the strrling family (Sturnidae);
    (c) Java sparrows, rice birds, nutmeg finch, or other species of the weaver
    bird fuimily (Ploceiihi,) ;
    (d) European ('hmffinch (Fringilla coelebs)
    (e) Great titmouse (Parus major).
    UNIVERSITY OF FLORIDA

    32 I I 1262 09218 5304 I i l I1
    3 1262 09M1 5304


    U.S. GOVERNMENT PRINTING OFFICE 1939


    20




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