Migratory Bird Treaty Act regulations, 1936

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Migratory Bird Treaty Act regulations, 1936
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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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Issued August 1I,:.03


United States Department of Agriculture

BUREAU OF BIOLOGICAL SURVEY

SERVICE AND REGULATORY ANNOUNCE EVENTS



MIGRATORY BIRD TREATY ACT REGULATIONS: 19361

[As approved and promulu-atod by the Prtsident July .'l, 1919, nml n n-irndl Oct. 25,
1918: July 2,S, 1:-19; JIul% !, 1!12o ; Mar. : andd May 17, 1921 ; Mar. 8, 1l-22 ; Apr. 10
and June 11, 1!'23 ; Apr. 11 and July 2, 1924; June "'2, 1925; Mar. 8. Apr. 22, and
June 18, 1926; Apr. 4 and 21. ard Sept. 6, 1927; Mar. 2, July 13, and Aur. 16, 1928;
Apr. 23 and Dec. 31 19.; y .'2v : and Aug. 25, 1. a;i; ir. 17. Air. 2"-5, and Sept.
12, 1931; July 20, 1.-; Sept. 11, 1933; Aug. 20, 11'34 ; Feb. 2, July ;:0, Aug. 27, and
Sept. 26. 1935 ; and Aug. 12, IuJJ']

Regulation 1.-Definitions of M.igratory Birds
Migratory birds, included in the terms of the o-nvention between the United
States and Great Britain for the protection of migratory birds, concluded
August 16, 1916, are as follows:
1. Migratory game birds:
(a) Anatidae, or waterfowl, including brant, wild d'rkz, -'se, and swans.
(b) Gruidne, or cranes, including little brown, sandhill, and whooping criin's.
(o) Rallidae, or rails, including coots, gallinu.s, and ora and other rails.
(d) Limicolae, or shore bird-, including avi'cets, curlews, dowithur-s, gihl-
wits, knots, oyster catchers, phalaropes, plovers, sandpipers, snip<1, stilts, surf
birds, turnstones, willet, wotidco k, and y *lowlegs.
(e) Columbidac, or pigeons, including doves and wild pieim;ns.
2. Migratory insectivorous birds: Cuckois; flickers and other woodpeckers;
nighthawks, or bullbats, and whip-pnor-wills; swifts; hummingbirds; flycatch-
ers; bobolinks, meadow larks, and orioles; grohlicaks, tannagers, martins and
other swallows; waxwings; shrikes, vireos; warllt-rs. pipits; catbirds -ind
brown thrashers; wrens; brown creepers; nuthatches; c(hickadees and titmice;
kinglets and gnatcatchers; robins and oth,,r thrushes; and all other perching
birds which feed entirely or chiefly on in,'ects.
3. Other migratory nongame birds: Auks, auklets, bittern:, fulmars, gannets,
grebes, guillemots, gulls, herons, jaegers, loons, inurres, petrels, puffins, -,hear-
waters, and terns.
[As amended July 9, 1920.]

Regulation 2.-Definitions of Terms
For the purposes of these regulations the following terms shall be construed,
respectively, to mean and to include-
*S'ecretary.-The Secretary of Agriculture of the United States.
Person.-The plural or the singular, as the case demniands, individuals, clubs,
associations, partnerships, and corporations, unless the context otherwise
requires.
Take.-Hunt, kill, or capture, or attempt to hunt, kill, or capture.
Open season.-Tlhe time during which migratory birds ma;iy be taken.
Transport.-Shipping, transporting, c(r rrying, exporting, receiving, or deliver-
ing for shipment, transportation, carriage, or export
[As amended Aug. 20, 1934 ad .n
QF
Full te t of the Y7ttl ll Migratory Bird Treaty Act nnd other
Federal la1s ccerning wildlife conper\ ai l~i ic y l1 obtained by consultlne Service
and Regulatory nnouncemontg, B. 8$82.- r'ct restrictions on s as,,nq,-bag'aij pposse-sion li ii;s, and other hIuiilii provisions olionid
communicate wit appropriate Sta e addresses ar given on iae 9.


&. IL A.-B. S. 84






BUREAU OF BIOLOGICAL SURVEY


Regulation 3.-Means by Which Migratory Game Birds May Be Taken
The migratory game birds for which open seasons are specified in regula-
tion 4 hereof inmay be taken during such respective open seasons with a shotgun
only, not larger than no. 10 gage, fired from the shoulder, except as specifically
permitted by regulations 7, 8, 9, and 10 hereof, but they shall not be taken with
or by means of any automatic-loading or hand-operated repeating shotgun
caplible 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 lhding end thereof, so as to reduce the capacity of said gun
to not more than three shells at one loading; they may be taken during the
open sc;ason from the land or water, with the aid of a dog, and from a blind,
boat, or floating craft except sinkbox (battery), powerbloat, sailboat, any boat
under s.il, and any craft or device of any kind towed by powerboat or sailboat;
but nothing herein shall permit the taking of migraitory game birds from or by
mean s, aid, or use of an automobile or aircraft of any kind.
Waterfowl (except for prop;igation, scientific, or binding purposes under
permit pursuant to regulations 8 and 9 of these regulations) and mourning
dove-s are not permitted to be taken by means, aid, or use, directly or indirectly,
of corn, wheat, oats, or other grain or products thereof, salt, or any kind of
feed whal isover, placed, deposited, distributed, scattered, or otherwise put
out whereby such waterfowl or doves are lured, attracted, or enticed ; and in
the taking of w;iterfowl, the use, directly or indirectly, of live duck or goose
decoys is not permitted; 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 of migratory waterfowl.
[As amended July 2., 1919; Mar. 3 and May 17, 1921; Apr. 4, 1927; Mar. 2, 1928;
Apr. 23. 1929; Mar. 17, 1931; July 20, 1932: Sept. 11, 1933; Aug. 20, 1934; Feb. 2,
July 30. and Aug. 27, 19:15 ; and Aug. 12, 19313.]

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, buffiehead duck, and swans), and coot, may be
taken each day from 7 a. m. to 4 p. min., standard time, and rails and gallinules
(other than coot), Wilson's snipe or jacksnipe, woodcock, mourning doves, and
band-tailed pigeons from 7 a. min., standard time, to runset each day during the
open seasons prescribed iheref(r in this regulation, and they may be taken
by the means and in the numbers permitted by regulations 3 and 5 hereof,
respectively, and when so taken may be possessed in the numbers permitted
by regulation 5 any day in any State, Territory, or District during the period
constituting the open season where killed and for an additional period of 10
days next smucceeding said open season, but no such bird shall be possessed in a
State, Territory, or District at a time when such State, Territory, or District
prohibits the possession thereof. Nothing hlerein shall be deemed to permit the
taking of migratory birds on any reservation or sanctuary established under
the Migratory Bird Conservation Act of February 18, 1929 (45 Stat. 1222),
nor on any area of the United States set aside under any other law, proclama-
tion, or Executive order for use as a bird, game, or other wildlife reservation,
breeding groundls, or refuge except insofar as may be permitted by the Secre-
tary of Agriculture under existing l:iw, nor on any area adjacent to any such
refuge when such area is designated as a closed area under the Migratory
Bird Treaty Act.
Waterfowl (e.rcept snow geese and brant in Florida and all States north
thereof bord< ring on the Atlntic Oeran, Ross's goose, wood duck, ruddy duck,
cipra. .ia.k durk. redli cad duck, bufflehcuad dutc;, and swans), Wilson's snipe
or jacksnipe, and coot.-The open seasons for waterfowl (except snow geese
and brant in Florida and all Statc-, north thereof bordering on the Atlantic
Ofr.':il, Rs,'. goose, wood duck, ruddy (luck, canv;isblck duck, redhead duck,
b:]fIl'l .i';,l (luck, and swans), Wilsnl's snipe or jacks.nipe, andl coot, in the
several Statis and Alaska, shall be is follows,., both dates inclusive:
In MMaine, Mi<.liig:1i, M iin,-,,ta, M3ontanma, Neiw IHanitipslire, No(rth Dakota,
South Daikota, Vernont, adn Wi-.ois:ui, O(cto her 10 to Novenlmber 8.
In Arizoti:i. California, Col %ri(lo, Co:inerticut. Idaho, Illinois. Indiana, Iowa,
Kiuis:i.,, Mna:'Mhiusft;?, Missouri, Nebraska, Nevada, New Mexico New York


[S. R.A.






B.S.841 MIGRATORY BIRD TI:ATY ACT JLGU'LATIONS, 1938 3

(inlTadling Long -:i-;;il), Ohio, Oregon, Pennisylvanii:t. RflhiIe l-':8 ,, Ut:kli, Wash-
ington, ,West Vir-iiina. and WVyomrning, Novei ier 1 to Novv: ,r :',,.
In Ahabata, Arktans:Is, I.,-laware, Fl'oril;i, ;evorgia. Kirijt ky, Lni-iva,
Marvyl:adul.. Ii,.-ibs-..p i. New J.rr-cy, North Caroliiri:. (Oklo.iiii.i. Suuth ('.irolizl.i,
TeLm,...fe, T .\;xai-.. iiill Vir-zinia, Noveimber "'; to D..,.,c i,,.r 25.
In AI:La.1 :L north of the A a-.l:.i R; ui-; t :in(l the A allillun M jlntains, S' p'.': il.r 1
to Septutlmber :;'; -iiutli of tihe Ala-kla lt;in..-e and the Alikiun M,,iiitains west
of the wline ]iiiunlred ;ind fortyv-lirst ieriditLan and e:L-t of Fa.l:e P.I'-- at the tip)
of the Ala-kIa Peninsiula, S,'Itember I16 to 0, thi.-r 15; -.ul.u ;-tern Alaska from
the line hundreds and forty-first meridian to Dixoir. Eitr.ii.r,,, ()rct. er 1 ti)
October :(.; and Islandls of U11i'i,'k. Uuila"k:,. Akiilt.i, anrd Aklun w, L'liln:lk P, ss in the Aleutiani Island L:r 1upl, Novemlbcr 1 to Noveil.,r :;*).
Rails and gallinules (except coot).-The ql' wn -.;i:n for ril- :,iild L-:iilniinules
(ex,-cpt coot) skill be from Si'pt.i'l+' T 1 to November :;4'. both da 't,., inclusive,
except as follows:
Wal-ahiingtn aind rlM:isachi-ctts, October 1 to Nuv0Til,.r .'.
New York. Including Long; Island, Novemlber 1 to November .210.
Wi'sc' 1.s.11. ().-tober 10 to Novem lber 8.
Alabamani. Nv'tvin) cr 20 to January 31.
(_',nn,- tiut. Si_.iittnlh r 15 to Nov.iilher 0.
L,,tui.-.i;aN. Novc.ilber 1 to January 31.
District of Columbia, no o'.i .,.s:ion.
Woodcock.-The open .,ons for \\odcock shall be as follwvs, both dates
Inclusive:
Wi.Xconsin, October 17 to October 31.
Tlhat p,,rtion of New York lying north of the tracks of the main line of the
New Yrk Central IRailro:iid extrnilint. froth Buffalo to Albany. and north of
the tracks of the main line of the B ,cton and Albany Railroad .xttnding frmiu
Albany to the Masschusetts State line., and in Maine, Now HaLmi.-,1lire, Ver-
mont, Michligan, and North Dakota, Oct(ber 1 to October 31.
That portion of New York lying south of the line above bdeeribed, including
Long Island, anil in Delaware, New Jers-ty, Penn:ylvania, Ohio, Indliana, and
Iowa, October 15 to Novenmber 14.
Massachu-etts, Rhode Island. and Connecticut, October 21 to Novembter 20.
Missouri, Novenmber 10 to December 10.
Maryland, Virginia, WVest Virginia, Kentucky, Arl.ancas, and Ok ,ih ma:i. No-
vember 15 to December 15.
North Carolina. South Carolina, Georgia, Alalbram:, MississilIi, and Louisiana,
December 1 to Decemaber 31.
Doves.-The open seasons for mourning doves shall be as followsv, both dates
Inclusive:
Arizona, Arkansas, California, Idaho, Illinois, Kansas, Kentucky, Minnesota,
Missouri, N'w Mexico, Nevada, Oklahoma, Org-,n, Tennessee, Utah, and Vir-
ginia, Sptemiber 1 to November 15.
Delaware, September 15 to November 0.
Maryland, September 1 to September 30 and November 15 to Decemlier 31.
Florida exceptt in Dade, Broward, and Monrie Counties), and Louisiana,
November 21) to January 31.
That portion of Florida comprising Dade. Broward, and Monroe Counties,
October 1 to November 15.
North Carolina, September 1 to Septmnber 30 ani Decembler 20 to January 31.
Alabama. in tlie counties of Pic'kens, 'lTucaloosa;, Jefferson, Shelby, Tallade-.a,
Clay, Randolph, and all counti,'s north there,,f; Georgia, in the c,,unties of
Troup, Meriwether, Pike, Lamar, Monroe, Jones, Baldwin, Washington, Ji.ffer-
son, Burke, and all counties north tlhireof; Missis,-ippi, in the counties of
Washington, Humphreys, Holines, Attala, Witiston, Noxubee, and all counties
north thereof; and South Carolina, in the counties of llgeliell, Saludtla. New-
berry, Fairfield, Lancaster, Chesterfield, and all counties north thereof, Sep-
tember 1 to Septenmber 30) and Deceniber 20 to January 31.
Alabama, Georgia, Misssissippi, and South Carolina, in the counties other
than those aforesaid, Niovemnlber 20 to January 31.
That portion of Texas north or nortlhe.rly of a line beginning at thel Rio Grande
west of Del Rio, thence to Del Rio, thence east a`tln,: Sout li,,t Pacifi, Railway
to San Antonio, tthence aling International-Great Northern Rail'.w;y to Austin.
thence east along Houston and Texas Central Railway to Br:iz,,o River, thlence
north up Brazos River to where B-a'iriiiont branch of Gulf, Colorado & Santa F-
Railway crosses said river, thlence east alonag Gulf, Colbrt.i., & Stanta Fe







BUREAU OF BIOLOGICAL SURVEY


Railway to Intersection with Houston East & West Texas Railway at Cleveland,
thence along Houston East & West Texas Railway to the Louisiana border
except the counties of Bastrop, Brazos, Burleson, Fayette, Grimes, Lee, Lime-
stone, Milam, Montgomery, Robertson, San Jacinto, Smith, Washington, and
Wood, September 1 to October 31.
That portion of Texas south of the above described boundaries and the
counties herelnalowve excepted, December 1 to January 16.
Band-tailed pigeons.-Tlie 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.
[As anivnded Oct. 25, 1918; July 28, 1919; July 9, 1920; May 17 1921; Mar. 8, 1922;
June 11, 1922L; Apr. 11 and July 2, 1924; June 22, 1925; Mar. 8, Apr. 22, and June 18
1926; Apr. 4 and 21 and Sept. 6, 1927; Mar. 2, July 13, and Aug. 16, 1928; Apr. 23
and Dec. 31, 1929; May 23 and Aug. 25, 1930; Mar. 17, Aug. 25, and Sept. 12, 1931;
July -lo, 1,:;.2 ; Sept. 11, 1933; Aug. 20, 1934; July 30, Aug. 27, and Sept. 26, 1935; and
Aug. 12. 19;G6.1

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 not to exceed the following numbers of migratory game
birds, which numbers shall include all birds taken by any other person who
for hire taccompanies or assists him in taking such birds; and when so taken
those may be possessed in the numbers specified as follows:
Ducks (except icood duck, canvasback duck, redheciad duck, ruddy duck, and
bufflehead 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 all kinds.
Geese and brant (except snow geese and brant in Florida and all States
north thereof bordering on the Atlantic Ocean, and Ross's goose.)-Four in the
aggregate of all kinds, and any person at any one time may possess not more
tlhan four 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.-Twenty-five, and any person at any one time may possess not more
than 25.
Coot.-Fifteen, and any person at any one time may possess not more than 15.
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 four.
Mourning doves.-Twenty, and any person at any one time may possess not
more than 20.
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 well to ducks,
geese, brant, rails, including coot and gallinules, Wilson's snipe or jacksnlpe,
woodcock, mourning doves, and band-tailed pigeons taken in Canada or other
foreign country and brought Into the United States, as to those taken in the
United States.
[As amended Oct. 25, 1918; July 28, 1919; Mar. 3, 1921 ; Mar. 8, 1926; Apr. 4, 1927;
Dec. 31, l'9J ; Mar. 17, 1931; July 20, 1932; Sept. 11, 1933; Aug. 20, 1934 ; July 30,
19;5 ; frid Ain, 12. 1926- ]

Regulation 6.-Shipment, Transportation, and Possession of Certain Migratory
Game Birds
The migratory game birds of a species for which open seasons are pre-
erilieil by regulation 4 of these regulations, and parts thereof, legally taken
may he transported in any manner in or out of the State where taken during
th, respective open seasons in that State, and when legally taken in and
expoirti,1 froiI C;in1d.a may be imported into the United States during the open
se-:Iso, in the Privine where takeni, but not more than the number thereof
tliiit inviy be taken In 1 day by one person under these regulations shall be


[S. R.A.







B.S.84] MIGRATORY BIRD TRI:ATY ACT I'LGULATIONS, 1936 0

transported by one person in 1 cal, n,'r wvok Wit of tli, State where t:ikn or
from Canada Into the U'nlted St:ite,; niy s:ich lirds or p:irts tlier,,f inl trarii-t
during the open sc'ison in:iy continle in ll iraii-it suih a'llid iiial time I liii.,ll-
ntely su,,ceediil.r su'h open 1-asmn, not to exeed, 5 la,.v,. vi, .,i.:iry to ivliver
the same to tli ir destination, aiid may 1.,. pi.s-.--' ii any State, Territory,
or District during the period (cii.-,t it uti ti:i f l 'i e1 4 .1L .on ..I re killl, and
for an adliitiona:il period of 10 dliys Iixt Sl,'eee',lillL .i:id ,p,,i s.- N;011on; a1nd any
package in which such birds or paris taro,'f ani' tr; r-iijort1., shall ha11 ve the
name and adl(lrss of tOe shippir and of thle c'ii-;i':.. and an accur:ite s::ile-
iient of the numhbrs and kinds of birds or pirts Itii-.rif contained tin-rein
clear.aly aid cons'icliuotly marked -n the o.-i Milt thtereo'if; but no such bird-,
or parts tIfheref 1sliall be transpIrted from any State, T-irrit ory, or Ni-triet
to or tlhriiii .:l iiutlhecr State, Territory, or ID)iIrl, t or to or through a PrI',vln'e
of the Doniininm of Can:da cIintrary to the laws of the Stat.e, Territory, or
District in which they wire taken or fri.m which they are tr'ilported; Mi'r
shall any such iirds or parts thtre4 if lie transported into any State, T,.rrltory,
or District from another State, Territory, or l i minion of Caliada, or from any State, Territory, or District into any Prvinrice
of tlhe Domiinion of (C:inada, at a time wlhen- any Such State, Territory, or
District, or Privince of the Dominion of C:in:ida, Into wihiclh they are trans-
ported prohibhits the piisso, s'on or transportation tl:ereof.
Migratory game birds imported from countries other than Canada.-Migra-
tory ganme birds of a species for which an open ..a-,:iin is prescribed by regu-
nlation 4, lawfully taken in and exported from a foreign country (other than
Canada, for which provision is hereinbefore madee, may be transported to and
possessed in any State of the United Stat-.s during the open sa.;on pres,'rilcl
by reZul:tion 4 in such State for that species and for a period of 10 days imint-
diately ucecding sueih open se:,son, a:nd in the District of Columbia during
the ,pien 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 d:y
by regulation 5, if transportation and possession of such birds Is not prohibited
by the laws of such State or District and if imported and transported in pack-
ages marked as hereinbefore provided.
[As amen-lT. Oct. 25, 1918; July 9. 1920; Mar. 8, 1920; Apr. 4, 1927; Mar. 17, 1931;
July 20, 1932 ; Sept. 11. 1933; July 30. l1135 ; and Aug. 12, 19:;6t3.]

Regulation 7.-Taking of Certain Migratory Nongame Birds by Eskimos and
Indians in Alaska
In Alaska Eskimos and Indians may take for the use of themselves and their
Immediate families, in any manner and at any time, and possess and transport
auks, anklets, guillemots, murres, and puffins and their eggs for food and their
skins for clothing.

Regulation 8.-Permits to Propagate and Sell Migratory Waterfowl
1. A person in possession of a valid, subsisting permit issued to him by a
State, on its part, authorizing him to take therein migratory waterfiiwl or
their eggs for propagating purposes, may take such birds or their eg,.s in such
State for such purposes when authorized by a permit issued to him iy the
Secretary, which permit may limit the species and numbers of birds or eggs
that may le taken and the period during which and the locality where they
may be taken. Both permits shall be carried on the pc.rsin of the permitted
when he is taking migratory waterfowl or their c to any person requesting to see them. Waterfowl and their eggs so taken
may be pis.:ossessd by the permitted and may be sold and transported by him
for propiaatitg ItpurpToses to any perin holding a permit issued by the Secre-
tary in accordancee with the provisions of this re,,gulation.
2. A person in p,.-ssession of a valid, sul-i-tiIg permit issued to him by a
State. on its part, authorizing him to p,,ss,,ss, buy, sell, and transport rifzratory
waterfowl and their increase and eL- for proplagating lpurl ,ses,, may issues,
buy, sell, and transport sutch waterfowl and their increase and eggs for such
purposes when authorized b)y a permit i migratory waterfowl, except th.? birds taken und',r lparia',raph 1 of this reg-ila-
tion, so possessed may be killed 1,y him at any tinie and in aiy mintimer (except
that they may be killed by slhoutiuLig only during the open season for waterfowl






BUREAU OF BIOLOGICAL SURVEY


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 consump-
tion, or to the keeper of a hotel, restaurant, or boarding house, a retail dealer
in nit/at 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 bought 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 Agriculture,
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 lie
holds a permit to take waterfowl, the number of each species of waterfowl
and their eggs possessed on the date of application for a permit to possess,
sell, ipurch:ise, or transport such waterfowl, and on the 1st day of each
September next following, and for each 12-month period thereafter during the
life of the permit, the number of each species reared and killed, the number of
each species and their eggs sold and transported, the manner in which such
waterfowl and eggs 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. A report correctly setting forth
this information for the preceding 12-month period shall be filed annually with
the Secretary on or before September 1.
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,
purch:tse, exchange, or transportation of migratory waterfowl unless the per-
mittee has in his possession while exercising any such privilege a valid, sub-
sisting permit of equivalent tenor issued to him by the State in which he
proposes to operate. Permits are not transferable 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 provisions of the Migratory Bird Treaty Act.
7. A person may possess and transport, subject to the provisions of para-
graph 8 of this regulation, for his own use, without a permit, live migratory
waterfowl now lawfully possessed or hereafter lawfully acquired by him, but
he mnay not purchase or sell such waterfowl without a permit. A State or
municipal game farm or city park may possess, purchase, sell, and transport
live migratory waterfowl without a permit, but no such waterfowl shall be
purchased! from or sold to a person (other than such State or municipal game
farm or city park) unless he has a permit. Feathers of wild ducks and wild
geese lawfully killed, and feathers of such birds seized and condemned by Fed-
eral or State game authorities, may be possessed, bought, sold, awl transported
for .use in imiklng fishing flies, bed pillows, nnd mattresses, and for such simi-
lar coniierlail purposes, but not for milinery or ornamental purposes.
8. Every package in which migratory waterfowl or parts or egirs thereof
are transported by any means wlinatever from one State, Territory, or the Dis-
trict of Columbia to, into, or througli another State, Territory, or the District
of Colunili;i or to or from a foreign country shall lbe plainly and clearly marked
or lalwled on the outside thereof to show the name and address of the consignor
and cosiglno, the contents of the package by number and kind, the number
of the permit under authority of which it Is transported, and the purpose for
which the waterfowl or eggs are bIxing transported. Every package in which


[S. R.A.






B. 8.84] MIGRATORY BIRD TREATY ACT REGULATIONS, 1956 7

migratory waterfowl or their egL's are shipped wholly within a Stare or Terri-
tory for prip qgaling purp,-,,,s ,lh:all be, pl.iiniy and clearly mi:Lrkeil or lab.I ed
on the outside thereof in thit- manner alcove prescribed.
(As amended Oct. 25, 101q; July 9, 1920 ; Ai.r. 10 and June 11, 192:,; S,'it. 11, 1923 ;
and Aiug. 12. 1916.]

Regulation 9.-Permits to Collect Migratory Birds for Scientific Purposes
A person in possession (if a validl, ubsisi ing permit issued to liimi by a State,
on its part, authorizing him to t.ake therviii migr:nitory birds or their nests or
eggs for scientific Iuriose.s ILlmay take such birds or their nests or .;1s, in sucl
State for such purpmses when autloirized liy a permit issmud to him by the
Secretary. Both permits shall be carried on his person whi-ei he is collect ig
migratory birds thereundler, and shall be xhilbited to any pI r:-,n reiliu.-ti-g
to see them; but nothing lhereia shall be dvieeed to permit the t:tkiri of any
migratory gnme bird during tihe, open s(-as''n tlherefor in any ni;ininer or by any
means or at any time of the day not permitted by regulations 3 and 4 of theL-,)
reziulat imons.
Application for a permit shall be addressed to the Secretary of A-riculture,
Washington,. D. C., and niust state the niinie and address of the aippilic:tjit, his
age, the State or Territory in which spei iinens are proposed to be tamke.n, the
purpose for which they are intended, information suflicient to show that s j'eci-
mens permitted to be taken will be devoted to scientific Iurp,,'sis. and tlhe
names and addresses of at least two well-known ornlthol,-rists. principIals ,r
superintendents of educational or zoological instituti ons, ollicials or iiin l,'rs
of zoological or natural history organizations, or instructors in :.,,h,,.'y in
high schools, colleges, or universities, from whoim may be obtained inforina-
tion respecting the applicant's status as a scientific investigator. The appli-
cant must furnish such other informinati,n touching his fitness. to be entrusted
with a permit as may be called for by the Secretary.
A permit may limit the number and species of -migratory birds. or their
nests or eggs that may be taken tlhereunder, and the places where, time wlen,
and means by which they may be taken, and may authorize the holder thereof,
when possessed of an equivalent State permit, to pssess, buy, sell, exch'an.'e,
and transport migratory birds and their nests and eggs for scientific piurlp--i ;
or it may limit the holder to one or more of these privileges,. Public museums,
zoological parks and societies, and public scientific and educational lnstitutins
may possess, buy, sell, exchange, and transport migratory birds and their iests
and eggs for scientific purposes, without a pe'rmnit, but no sp'ecimnuens shall be
taken without a permit or pur(hnsed from or excl:anged with a person not
authorized by a permit to sell or exchange them. The plumage and skins of
migratory game birds legally taken may be pissessedl and transported by a
person without a permit.
A taxidermist, when authorized by a permit issued by the Secretary, may
possess any migratory bird delivered to him for mounting or like preparation
by any person who has lawfully taken or lawfully possesseS such bird, and
may transport such specimen in consuminm tion of such purpse wheIn likewise
authorized by the State in which such ptermnittee is operating. Every utich
permittee shall keep books and records correctly s.ttiniiL forth the iunae and
adld ress of each person delivering eicli spi)f4,iinen of migratory bird to Mii1.
together with the amle of each species, the date of dclivery, the disp,,sitiin of
each specimen, and the d(late thereof, and sulih bo,,l ks and records .slall be avail-
able for inspection at all reasonable hours on request of any authorized repre-
sentative of the Department of Agriculture.
No permit issued by time Secret ary authorizes the taking, possession, sale,
purchase, exchange, or transportation of any migratory bird unless thle per-
mittee has in his possession while exercising any such privil(,,e a valid, sub-
sisting permit of equivalent tenor Issued to him by thle Siate in which lhe pro-
poses to operate. Permits are not transferable and are revocable at iny time
in the discretion of tlhe Secretary. A permit revoked by tlie Secretary slhall
be surrendered to him by tlhet periln to whom issiedl. (n de:omand of any employee
of the United States Department of Agriculture authorized to enforce tlie pro-
visions of thie Migratory Bird Treaty Act. A l'r-' holdiniLZ a permit under
this regulation shall report annually to the Sec.relary, on or before tle 10th d(lay
of January, the number o(f birds or nest -; or eggs of (eachl species taken, bought,
sold, received, possessed, mounted, exchanged, or transported during the pre-






BUREAU OF BIOLOGICAL SURVEY


ceding 12 months, and failure to make such report will be cause for revocation
of the permit.
Every Mpackage in which migratory birds or their nests or eggs are trans-
ported by any means whatever for scientific purposes 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 to show the name and address
of the coii.ignor and consignee, the contents of the package by number and
kind, the number of the permit under authority of which it is transported,
and that the specimens contained therein are for scientific purposes. Every
package in which migratory birds or their nests or eggs are shipped wholly
within a State or Territory, for scientific purposes, shall be plainly and clearly
marked or labeled on the outside thereof in the manner above prescribed.
[As amended Oct. 25.), 1918; Mar. 3, 1921 ; June 11, 192:3 : Apr. 23, 1929; Mar. 17. 1931;
July 20, 19'2; Sept. 11, 1933; Aug. 20, 1934; July .0,-19:5 ; and Aug. 12, 1936.]

Regulation 10.-Permits to Kill Migratory Birds Injurious to Property
Community injury.-When information is furnished the Secretary that any
..pPies of migratory bird has become, under extraordinary conditions, seriously
injurious to agriculture or other interests in any particular community, an
investi!'.ation 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 Secretary 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 by the Bureau of Biological Survey of
the Department of Agriculture, and if it is determined from such investigation
that the injury complained of is substantial and can be abated only by killing
the birds, or so many thereof as may be necessary, a permit to kill the birds
will be issued by the Chief of said Bureau, in which 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 restrictions as may be deemed necessary
and appropriate in the circumstances of the particular case: Provided, however,
That in every permit issued as aforesaid it shall be specified that no such
birds shall be shot at or killed at any time or in any manner not authorized
by the laws of the State in which such permit is effective; and as to migratory
waterfowl, that they shall not be shot at or killed (1) from any blind, sink,
pit, or any other device or means of concealment, whether natural or artificial,
movable or stationary, or on land or water; (2) by means of any gun larger
than no. 10 gage, or of any gun to which a silencer has been attached or other-
wise affixed; and (3) by the use of decoys of any description, or of traps or
nets of any kind.
[As amended Aug. 20, 1934.]

Regulation 11.-State Laws for the Protection of Migratory Birds
Nothing in these regulations shall be construed to permit the taking, posses-
sion, sale, irurvhasv, or transportation of migratory birds, their nests, and eggs
contrary to the laws and regulations of any State or Territory or District
made for the purpose of giving further protection to migratory birds, their
nests, and eggs when sciK-h laws and regulations are not inconsistent with the
convention between the United States and Great Britain for the protection of
migratory birds concluded August 16, 1916, or thi, Migratory Bird Treaty Act
and do not by those r,.ul;it ions.
I[Aded by proclamation of Oct. 25, 1918, as amended July 9, 1920.]


[S. R. A.-B. S. 84















OFFICIALS FROM WHOM COPIES OF GAME LAWS MAY BE OBTAINED


Federal laws: Secretary of Ag:riculture,
W\'shlngt4on. D. C.
Alabama: Department of Game, Fish, and
Se Io'ods, MTiit-uon'ry.
Alaska: Ei:xecutive Oflicer, Alaska Game
Commindsslon, Juneau; or Secretary of
Agriculture, Washington, D. C.
Arizona: State Game Ward-n. Phoenix.
Arkansas: Secretary, G(amue and Fish Com-
mission, Little Rock.
California: Exe-utive Officer, Fish and
Game Cominil.siun, 450 McAllister Street,
San Franr'i,'sco.
Colorado: State Game and Fish Commis-
sioner, Denver.
Connecticut; Superintendent of Fisheries
and Game, Hartford.
Delaware: Chief Game and Fish Warden,
Dover.
District of Columbia: Siuii'rintendent Met ro-
politan Policy. Waslii-iiton.
Florida: Commission of Game and Fresh
Water Fish, Tallahassee.
Georgia: Game and Fish Commissioner,
Atlanta.
Hawaii: Fish and Game Division, Board of
A.gri-ulture and Forestry, Honolulu.
Idaho: Fish and Game Warden, Boise.
Illinois: Director, Department of Conserva-
tion, SprIngiotI'ld.
Indiana: Director of Game and Fish, 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,
Frankfort.
Louisiana: Commissioner of Conservation,
Court Building. New Orleans.
Maine: Commissioner of Inland Fisheries
and Gim. State House. AugListn.
Maryland: State Game Warden, 512 Munsey
Building, Baltimore.
Massachusetts: Director Division of Fish-
eries and Game, 20 Somerset Streit.,
Boston.
Michigan: Director, Commission of Con-
servation, Lanisin,.
Minnesota: Commis.-roner, Department of
Conservation. St. Paul.
Mississippi: IDirettor of Conservation, State
Game and Fish Cornmlssl,,n. Jackson.
Missouri: Game and Fish Commissioner,
Jefferson City.
Montana: State Fish and Game Warden,
lielena.
Nebraska: State Game Warden. Lincoln.
Nevada: Secretary of Stauite Fish and Game
Commis.ln. Reno.
New Hampshire: Fish and Game Commis-
sion. ('oncordl.
New Jersey: Secretary of Board of Fish and
Game Commissioners, Trenton.
New Mexico: State Game and Fish Warden,
Santa Fe.
New York: Director of Fisheriej9 and Game,
Conservation Department, Albany.


North Carolina: Commissioner of Game and
Inland l.' .horit-, Department of Con-
servation and D -'-, r.l,'II..'.t, Ralih
North Dakota: Game and Fish C6'01mls-
sioner, Bismarck.
Ohio: Commissioner of Conservatliii, Co-
ilumbus.
Oklahoma: State Fi.-h and Game Warden.
Oklahoma City.
Oregon: State Game Commissioner, t.16
("irrigoin 13Building. I'ortland.
Pcnn-)lvania: Executive Secretary, Board of
Game Commissiori.r--. iIarrlsburg.
Rhode Island: Chief, Division of Fish and
Game, Department of Agrii culture and
(C'onservation, Providence.
South Carolina: Chief Game Warden, Co-
lulmbia.
South Dakota: Director, Division of Game
and Fish, Department of A ,rli'ulture,
Pierre.
Tennessee: Director, Board of Conservation
for (;n ,ii. Fil.h. anld \VWildlife, Nashville.
Texas: Executive Officer, Gnai,. Fish, and
Oyster Commission. Austin.
Utah: Fish and Game Commission, Salt
Lake 'ity.
Vermont: Director, Fih-h and Game Service,
Montpellr.
Virginia: Executive SecretarU, Commission
of Game and Inland Fishetri.s. Richmond.
Washington: Director of Game, 401-412
Lloyd B'iildlig. Seattle.
West Virginia: Director of (',,n:-rvation,
Charleston.
Wisconsin: Conservation Director, MMadison.
Wyoming: State Game and Fish Commis-
sion, Cheyenne.
Canada: Commissioner, National Parks of
'anada, Ottawa.
Alberta: Game Commissioner, iAdnniitin.
British Columbia: Game Commission. 411
Dunsmuir Street, Vancouver.
Manitoba: Director of Game and Fi-hOries,
Winn ile.
New Brunswick: Chief Game Warden. Fred-
ericton.
Northwest Territories: Director of LI. s,,
Northwest Territories and Yukon Brain'h.
Department of the Interior, Ottawa,
Ontario.
Nova Scotia: I)epartment of Lands and
Forests. Halifax.
Ontario: Departiment of Game and Fi-ih-
eries, Tcronto.
Prince Edward Island: Gameo Insp.ietoir,
Provincial Treasury Depart iinnt. Clhar-
lottetoNin.
Quebec: General $'printendent of Fish-
eries and Game. Qu*ebec.
Saskatchewnn: Game Commissioner, De-
partment of Natuiral Resources, Hl.r-ln
Yukon: Terrtrorial S cretary, lDawson.
Newfoundland: 1,r',. Game and Inland
F'i-lh, ries, St. Jolhns.
Mexico: Jefe. Departamento Forestal y de
Caza y Pesca, Calle de Ldi.,ii 145. City
of Mexico, D. F.


(9)


V.S. GOVERNMENT PR NTING OFFICE: 1936


For sale by the Superintendent of Documents, Wasliiuton, D. C. -Price 5 cents










































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