Migratory bird treaty, act, and regulations

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Migratory bird treaty, act, and regulations
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B. R. A.-B. 8. 27. Issued April 22, 1919.

United States Department of Agriculture,

BUREAU OF BIOLOGICAL SURVEY.
E. W. NELSON, Chief of Bureai.


SERVICE AND REGULATORY ANNOUNCEMENTS.


MIGRATORY BIRD TREATY, ACT, AND REGULATIONS.'
4

CONVENTION BETWEEN THE UNITED STATES AND GREAT BRITAIN
FOR THE PROTECTION OF MIGRATORY BIRDS IN THE UNITED STATES
AND CANADA.2
(39 Stat., 1702.]

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas a Convention between the United States of America and
the United Kingdom of Great Britain and Ireland for the protection
of migratory birds in the United States and Canada was concluded
and signed by their respective Plenipotentiaries at Washington, on
the sixteenth day of August, one thousand nine hundred and sixteen,
the original of which Convention is word for word as follows:
Whereas, Many species of birds in the course of their annual mi-
grations traverse certain parts of the United States and the Dominion
of Canada; and
Whereas, Many of these species are of great value as a source of
food or in destroying insects which are injurious to forests and forage
plants on the public domain, as well as to agricultural crops, in both
the United States and Canada, but are nevertheless in danger of ex-
termination through lack of adequate protection during the nesting
season or while on their way to and from their breeding grounds;
SIln-luding amendments of the regulations approved October 25, 1918.
2This treaty was signed on August 16, ratified by the Senate August 29, by the President September 1,
and by Great Britain October 20: ratifications thereof were exchanged December 7, and it was proclaimed
by the Prcsident December 8, 1916.
Canada, by an act of Parliament approved August 29, 1917, gave full effect to this convention, and pro-
mulgated regulations thereunder May 11, 1918.
The Constitution of the United States contains the following provision in regard to treaties:
"This Constitution, and the laws of the United States which shall be made in pursuance thereof: and all
treaties made. or which shall be made, under the asthori on eune law
of the land: and the judges in every S ate shall be biund there I' tuition orla vsofany
State to the contrary notwithstanding." (Art. V, par. -
109472--19 I I






BUREAU OF BIOLOGICAL SURVEY.


The United States of America and His Majesty the King of the
United Kingdom of Great Britain and Ireland and of the British
Dominions beyond the Seas, Emperor of India, being desirous of
saving from indiscriminate slaughter and of insuring the preserva-
tion of such migratory birds as are either useful to man or are harm-
less, have resolved to adopt some uniform system of protection which
shall effectively accomplish such objects and to the end of concluding
a convention for this purpose have appointed as their respective
Plenipotentiaries:
The President of the United States of America, Robert Lansing,
Secretary of State of the United States; and
His Britannic Majesty, the Right Honorable Sir Cecil Arthur
Spring Rice, G. C. V. 0., K. C. M. G., etc., His Majesty's Ambassador
Extraordinary and Plenipotentiary at Washington;
Who, after having communicated to each other their respective
full powers which were found to be in due and proper form, have
agreed to and adopted the following articles:
ARTICLE L
The High Contracting Powers declare that the migratory birds included in the
terms of this Convention shall be as follows:
1. Migratory Game Birds:
(a) Anatidae or waterfowl, including brant, wild ducks, geese, and swans.
(b) Gruidae or cranes, including little brown, sandhill, and whooping cranes.
(c) Rallida.n or rails, including coots, gallinules and sira and other rails.
(d) Limicolae or shorebirds, including avocets, curlew, dowitchers, god wits, knots,
oyster catchers, phalaropes, plovers, sandpipers, snipe, stilts, surf birds, turnstones,
willet, woodcock and yellowlegs.
(e) Columbidae or pigeons, including doves and wild pigeons.
2. Migratory Insectivorous Birds: Bobolinks, catbirds, chickadees, cuckoos, flickers,
flycatchers, grsbeaks, humming birds, kinglets, martins, meadowlarks, nighthawks
or bull bats, nut-hatches, orioles, robins, shrikes, swallows, swifts, tanagers, titmice,
thrushes, vireos, warblers, wax-wings, whippoorwills, woodpeckers and wrens, and
all other perching birds which feed entirely or chiefly on insects.
3. Other Migrat )ry Nongame Birds: Auks, auklets, bitterns, fulmars, gannets, grebes,
guillemots, gulls, herons, jaegers, loons, murres, petrels, puffins, shearwaters, and terns.
ARTICLE H.
The High Contracting Powers agree that, as an effective means of preserving mi-
gratory 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 season on migratory game birds shall be between March 10 and Sep-
tember 1, except thit the close season on the Limicolae or shorebirds in the Maritime
Provinces of Canida and in those States of the United States bordering on the Atlantic
Ocean which are situated wholly or in part north of Chesipeake 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 three and one-half months as the High Contracting Powers may severally
deem appropriate and define by law or regulation.


JApril,







SERVICE AND REGULATORY ANNOUNCEMENTS.


2. The close season on migratory insectivorous birds shall continue throughout the
year.
3. The close season on other migratory nongame birds shall continue through-
out the year, except that Eskimos and Indians may take at any season auks, auk-
lets, guillemots, 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 sale.
ARTICLE m.

The High Contracting Powers agree that during the period of ten years next follow-
ing the going into effect of this Convention, there shall be a continuous close season
on the following migratory game birds, to wit:-
Band-tailed pigeons, little brown, sandhill and whooping cranes, swans, curlew
and all shorebirds (except the black-breasted and golden plover, Wilson or jack snipe,
woodcock, and the greater and lesser yellowlegs); provided that during such ten
years the close seasons on cranes, swans and curlew in the Province of British Columbia
shall be made by the proper authorities of that Province within the general dates
and limitations elsewhere prescribed in this Convention for the respective groups
to which these birds belong.
ARTICLE IV.
The High Contracting Powers agree that special protection shall be given the
wood duck and the eider duck either (1) by a close season extending over a period
of at least five years, or (2) by the establishment of refuges, or (3) by such other regula-
tions as may be deemed appropriate.
ARTICLE V.
The taking of nests or eggs of migratory game or insectivorous or nongame birds
shall be prohibited, except for scientific or propagating purposes under such laws
or regulations as the High Contracting Powers may severally deem appropriate.
ARTICLE VL

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 pro-
hibited. Every package containing migratory birds or any parts thereof or any
eggs of migratory birds transported, or offered for transportation from the United
States into the Dominion of Canada or from the Dominion of Canada into the
United States, shall have the name and address of the shipper and an accurate
statement of the contents clearly marked on the outside of such package.
ARTICLE VII.

Permits to kill any of the above-named birds which, under extraordinary con-
ditions, may become seriously injurious to the agricultural or other interests in any
particular community, may be issued by the proper authorities of the High Con-
tracting Powers under suitable regulations prescribed therefore by them respectively,
but such permits shall lapse, or may be canceled, at any time when, in the opinion
of said authorities, the particular exigency has passed, and no birds killed under this
article shall be shipped, sold or offered for sale.
ARTICLE VIII.
The High Contracting Powers agree themselves to take, or propose to their respec-
tive appropriate law-making bodies, the necessary measures for insuring the execution
of the present Convention.


1919.3







BUREAU OF BIOLOGICAL SURVEY.


ARTICLE IX.
The present Convention shall be ratified by the President of the United States
of America, by and with the advice and consent of the Senate thereof, and by His
Britannic Majesty. The ratifications shall be exchanged at Washington as soon as
possible and the Convention shall take effect on the date of the exchange of the rati-
fications. It shall remain in force for fifteen years, and in the event of neither of the
High Contracting Powers having given notification, twelve months before the expira-
tion of said period of fifteen years, of its intention of terminating its operation, the
Convention shall continue to remain in force for one year and so on from year to year.
In faith whereof, the respective Plenipotentiaries have signed the
present Convention in duplicate and have hereunto affixed their seals.
Done at Washington this sixteenth day of August, one thousand
nine hundred and sixteen.
[SEAL.] ROBERT LANSING.
[SEAL.] CECIL SPRING RICE.
And whereas the said Convention has been duly ratified on both
parts, and the ratifications of the two Governments were exchanged
in the City of Washington, on the seventh day of December, one
thousand nine hundred and sixteen;
Now, therefore, be it known that I, Woodrow Wilson, President
of the United States of America, have caused the said Convention
to be made public, to the end that the same and every article and
clause thereof may be observed and fulfilled with good faith by the
United States and the citizens thereof.
In testimony whereof, I have hereunto set my hand and caused
the seal of the United States to be affixed.
Done at the City of Washington this eighth day of December in
the year of our Lord one thousand nine hundred and six-
[SEAL.] teen, and of the Independence of the United States of
America the one hundred and forty-first.
WOODROW WILSON.
By the President:
ROBERT LANSING,
Secretary of State.


MIGRATORY BIRD TREATY ACT.
[Approved July 3, 1918. 40 Stat., 755.]
AN ACT To give effect to the convention between the United States and Great Britain for the protection
of migratory birds concluded at Washington, August sixteenth, nineteen hundred and sixteen, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That this Act shall be known by the short title of the "Migra-
tory Bird Treaty Act."
SEC. 2. That unless and except as permitted by regulations made as hereinafter
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,


(April,





SERVICE AND REGULATORY ANNOUNCEMENTS.


ship, cause to be shipped, deliver for transportation, transport, cause to be trans-
ported, 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 between the United States and Great
Britain for the protection of migratory birds concluded August sixteenth, nineteen
hundred and sixteen, 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 distribution, abun-
dance, economic value, breeding habits, and times and lines of migratory flight of
such birds, to determine when, to what extent, if at all, and by what means, it is
compatible with the terms of the convention to allow hunting, taking, capture,
killing, possession, sale, purchase, shipment, transportation, 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 accordance with such determinations, which
regulations shall become effective when approved by the President.
SEC. 4. That it shall be unlawful to ship, transport, or carry, by any means whatever,
from one State, Territory, or District to or through another State, Territory, or District,
or to or through a foreign country, any bird, or any 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, transported, or carried. It shall be unlawful to import any
bird, or any part, nest, or egg thereof, captured, killed, taken, shipped, transported,
or carried contrary to the laws of any Province of the Dominion of Canada in which
the same was captured, killed, or taken, or from which it was shipped, transported,
or carried.
SEC. 5. That any employee of the Department of Agricultura authorized by the
Secretary of Agriculture to enforce the provisions of this Act shall have power, without
warrant, to arrest any person committing a violation of this Act in his presence or
view aud to take such person immediately for examination or trial before an officer
or court of competent jurisdiction; shall have power to execute any warrant or other
process issued by an officer or court of competent jurisdiction for the enforcement of
the provisions of this Act: and shall have authority, with a search warrant, to search
any place. The several judges of the courts established under the laws of the United
States, and United States commissioners may, within their respective jurisdictions,
upon proper oath or affirmation showing probable cause, issue warrants in all such cases.
All birds, or parts, nests, or eggs thereof, captured, killed, taken, shipped, transported,
carried, or possessed contrary to the provisions of this Act or of any regulations made
pursuant thereto shall, when found, be seized by any such employee, or by any
marshal or deputy marshal, and upon conviction of the offender or upon judgment
of a court of the United States that the same were captured, killed, taken, shipped,
transported, carried, or possessed contrary to the provisions of this Act or of any
regulation made pursuant thereto, shall be forfeited to the United States and disposed
of as directed by the court having jurisdiction.
SEC. 6. That any person, association, partnership, or corporation who shall violate
any of the provisions of said convention or of this Act, or who shall violate or fail to
comply with any regulation made pursuant to this Act, shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined not more than $500 or be
imprisoned not more than six months, or both.
SEC. 7. That nothing in this Act shall be construed to prevent the several States
and Territories from making or enforcing laws or regulations not inconsistent with
the provisions of said convention or of this Act, or from making or enforcing laws
or regulations which shall give further protection to migratory birds, their nests, and
eggs, if such laws or regulations do not extend the open seasons for such birds beyond
the dates approved by the President in accordance with section three of this Act.


1919.]






BUREAU OF BIOLOGICAL SURVEY.


SEC. 8. That until the adoption and approval, pursuant to section three of this
Act, of regulations dealing with migratory birds and their nests and eggs, such migra-
tory birds and their nests and eggs as are intended and used exclusively for scientific
or propagating purposes may be taken, captured, killed, possessed, sold, purchased,
shipped, and transported for such scientific or propagating purposes if and to the
extent not in conflict with the laws of the State, Territory, or District in which they
are taken, captured, killed, possessed, sold, or purchased, or in or from which they
are shipped or transported if the packages containing the dead bodies or the nests
or eggs of such birds when shipped and transported shall be marked on the outside
thereof so as accurately and clearly to show the name and address of the shipper and
the contents of the package.
SEC. 9. That the unexpended balances of any sums appropriated by the agri-
cultural appropriation Acts for the fiscal years nineteen hundred and seventeen and
nineteen hundred and eighteen, for enforcing the provisions of the Act approved
March fourth, nineteen hundred and thirteen, relating to the protection of migratory
game and insectivorous birds, are hereby reappropriated and made available until
expended for the expenses of carrying into effect the provisions of this Act and regu-
lations made pursuant thereto, including the payment of such rent, and the employ-
ment of such persons and means, as the Secretary of Agriculture may deem necessary,
in the District of Columbia and elsewhere, cooperation with local authorities in the
protection of migratory birds, and necessary investigations connected therewith:
Provided, That no person who is subject to the draft for service in the Army or Navy
shall be exempted or excused from such service by reason of his employment under
this Act.
SEC. 10. That if any clause, sentence, paragraph, or part of this Act shall, for any
reason, be adjudged by any court of competent jurisdiction to be invalid, such judg-
ment shall not affect, impair, or invalidate the remainder thereof, but shall be confined
in its operation to the clause, sentence, paragraph, or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
SEC. 11. That all Acts or parts of Acts inconsistent with the provisions of this Act
are hereby repealed.
SEC. 12. Nothing in this Act shall be construed to prevent the breeding of migra-
tory game birds on farms and preserves and the sale of birds so bred under proper
regulation for the purpose of increasing the food supply.
SEC. 13. That this Act shall become effective immediately upon its passage and
approval.

MIGRATORY BIRD TREATY ACT REGULATIONS.
(The following regulations are as approved and promulgated by the President, July 31, 1918, and amended
October 25, 1918.1
REGULATION 1.-DEFINITIONS OF MIGRATORY BIRDS.
Migratory birds, included in the terms of the convention between the United
States and Great Britain for the protection of migratory birds, concluded August 16,
1916, are as follows:
1. Migratory game birds:
(a) Anatidae, or waterfowl, including brant, wild ducks, geese, and swans.
(b) Gruidae, or cranes, including little brown, sandhill, and whooping cranes.
(c) Rallidae, or rails, including coots, gallinules, and sora and other rails.
(d) Limicolae, or shinrebirds, including avocets, curlews, dowitchers, godwits,
kn',ts, oyster catchers, phalarjpes, plovers, sandpipers, snipe, stilts, surf birds, turn-
stones, willet, woodcock, and yellowlegs.
(e) Columrabidae, or pigeons, including doves and wild pigeons.


(April,






1919.1 SERVICE AND REGULATORY A-NOUNCEMENTS. 7

2. Migratory insectivorous birds: Bobolinks, catbirds, chickadees, cuckoos, flickers,
flycatchers, grosbeaks, hummingbirds, kinglets, martins, meadowlarks, nighthawks
or bull-bats, nuthatches, orioles, robins, shrikes, swallows, swifts, tanagers, titmice,
thrushes, vireos, warblers, waxwings, whip-poor-wills, woodpeckers, 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, shearwaters, and terns.
REGULATION 2.-DEFINITIONS OF TERMS.
For the purposes of these regulations the following terms shall be construed, re-
spectively, to mean-
Secretary.-The Secretary of Agriculture of the United States.
Person.-The plural or the singular, as the case demands, including individuals, asso-
ciations, partnerships, and corporations, unless the context otherwise requires.
Take.-The pursuit, hunting, capture, or killing of migratory birds in the manner
and by the means specifically permitted.
Open season.-The time during which migratory birds may be taken.
Transport.-Shipping, transporting, carrying, exporting, receiving or delivering for
shipment, transportation, carriage, or export.
REGULATION 3.-MEANS BY WHICH MIGRATORY GAME BIRDS MAY BE TAKEN.
The migratory game birds specified in Regulation 4 hereof may be taken during the
open season with a gun only, not larger than number 10 gauge, fired from the shoulder,
except as specifically permitted by Regulations 7, 8, 9, and 10 hereof; they may be
taken during the open season from the land and water, from a blind or floating device
(other than an airplane, powerboat, sailboat, or any boat under sail), with the aid
of a dog, and the use of decoys.
REGULATION 4.-OPEN SEASONS ON AND POSSESSION OF CERTAIN MIGRATORY GAME
BIRDS.
9
For the purpose of this regulation, each period of time herein prescribed as an open
season shall be construed to include the first and last days there.,f.
Waterfowl (except wood duck, eider ducks, and swans), rails, coot, gallinuiles, black-
bellied and golden plovers, greater and lesser yellowlegs, woodcock, Wils mn snipe or
jacksnipe, and mourning and white-winged doves may be taken each day from half an
hour before sunrise to sunset during the open seas.,ns prescribed therefore in this regula-
tion, by the means and in the numbers permitted by Regulations 3 and 5 hereAf, re-
spectively, and when so taken, each species may be possessed any day during the
respective open seasons herein prescribed therefore and for an additional period of 10
days next succeeding said open season.
Waterfowl (except wood duck, eider ducks, and swans), coot, gallinules, and Wilson snipe
or jacksnipe.-The open seasons for waterfowl (except wood duck, eider ducks, and
swans), coot, gallinules, and Wilson snipe or jacksnipe shall be as follows:
In Maine, New Hampshire, Vermont, Massachusetts, New York (except Long
Island), Pennsylvania, Ohio, West Virginia, Kentucky, Indiana, Michigan, Wisconsin,
Illinois, Minnesota, Iowa, Missouri, North Dakota, South Dakota, Nebraska, Kansas,
Colorado, Wyoming, Montana, Idaho, Nevada, and that portion of Oregon and Wash-
ington lying east of the summit of the Cascade Mountains the open seas.m shall be from
September 16 to December 31;
In Rhode Island, Connecticut, Utah, and that portion of Oregon and Washington
lying west of the summit of *he Cascade Mountains the open season shall be from Octo-
ber 1 to January 15;
In that portion of New York known as Long Island, -nd in New Jersey, Delaware,
Oklahoma, Texas, New Mexico, Arizona, and California the open season shall be from
October 16 to January 31;






BUREAU OF BIOLOGICAL SURVEY.


In Maryland, the District of Columbia, Virginia, North Carolina, South Carolina,
Georgia, Florida, Alabama, Mississippi, Tennessee, Arkansas, and Louisiana the ope;
season shall be from November 1 to January 31; and
In Alaska the open season shall be from September 1 to December 15.
Rails (except coot and gallinules).-The open season for sora and other rails (except
coot and gallinules) shall be from September 1 to November 30, except as follows:
In Louisiana the open season shall be from November 1 to January 31.
Black-bellied and golden plovers and greater and lesser yellowlegs.-The open seasons
for black-bellied and golden plovers and greater and lesser yellowlegs shall be as follows:
In Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York,
New Jersey, Delaware, Maryland, and Virginia the open season shall be from August
16 to November 30;
In the District of Columbia, North Carolina, South Carolina, Tennessee, Arkansas,
Oklahoma, Texas, New Mexico, Arizona, California, and Alaska the open season shall
be from September 1 to December 15;
In Vermont, Pennsylvania, Ohio, West Virginia, Kentucky, Indiana, Michigan,
Wisconsin, Illinois, Missouri, Iowa, Minnesota, North Dakota, South Dakota, Ne-
braska, Kansas, Colorado, Wyoming, Montana, Idaho, Nevada, and that portion of
Oregon and Washington lying east of the summit of the Cascade Mountains the open
season shall be from September 16 to December 31;
In Utah and in that portion of Oregon and Washington lying west of the summit of
the Cascade Mountains the open season shall be from October 1 to January 15; and
In Georgia, Florida, Alabama, Mississippi, and Louisiana the open season shall be
from November 1 to January 31.
Woodcock.-The open seasons for woodcock shall be as follows:
In Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut,
New York, New Jersey, Pennsylvania, Ohio, West Virginia, Kentucky, Indiana,
Michigan, Wisconsin, Illinois, Missouri, Iowa, Minnesota, North Dakota, South
Dakota, Nebraska, and Kansas the open season shall be from October 1 to November
30; and
In Delaware, Maryland, the District of Columbia, Virginia, North Carolina, South
Carolina, Georgia, Florida, Alabama, Mississippi, Tennessee, Arkansas, Louisiana,
Texas, and Oklahoma the open season shall be from November 1 to December 31.
Doves.-The open seasons for mourning and white-winged doves shall be as follows:
In Delaware, Maryland, Virginia, Tennessee, Kentucky, Illinois, Missouri, Okla-
homa, Texas, New Mexico, Colorado, Arizona, California, Nevada, Idaho, and Oregon
the open season shall be from September 1 to December 15; and
In North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, and
Louisiana the open season shall be from September 16 to December 31.
[As amended October 25, 1918.]
REGULATION 6.-BAG LIMITS ON CERTAIN MIGRATORY GAME BIRDS.
A person may take in any one day during the open seasons prescribed therefore in
Regulation 4 not to exceed the following numbers of migratory game birds:
Ducks (except wood duck and eider ducks).-Twenty-five in the aggregate of all kinds.
Geese.-Eight in the aggregate of all kinds.
Brant.-Eight.
Rails, coot, and gallinules (except sora).-Twenty-five in the aggregate of all kinds.
Sora.-Fifty.
Black-bellied and golden plovers and greater and lesser yellowlegs.-Fifteen in the
aggregate of all kinds.
Wilson snipe, or jacksnipe.-Twenty-five.
Woodcock.-Six.
Doves (mourning and white-winged).-Twenty-five in the aggregate of both kinds.
[As amended October 25, 1918.1


lApril,







SERVICE AND REGULATORY ANNOUNCEMENTS.


REGULATION 6.-SHIPMENT AND TRANSPORTATION OF CERTAIN MIGRATORY
GAME BIRDS.
Waterfowl (except wood duck, eider ducks, and swans), rails, coot, gallinules,
black-bellied and golden plovers, greater and lesser yellowlegs, woodcock, Wilson
snipe or jacksnipe, and mourning and white-winged doves and parts thereof legally
taken may be transported in or out of the State where taken during the respective
open seasons in that State, and may be imported from Canada during the open season
in the Province where taken, in any manner, but not more than the number thereof
that may be taken in two days by one person under these regulations shall be trans-
ported by one person in one calendar week out of the State where taken; any such
migratory game birds or parts thereof in transit during the open season may continue
in transit such additional time immediately succeeding such open season, not to ex-
ceed five days, necessary to deliver the same to their destination; and any package
in which migratory game birds or parts thereof are transported shall have the name
and address of the shipper and of the consignee and an accurate statement of the
numbers and kinds of birds contained therein clearly and conspicuously marked on
the outside thereof; but no such birds shall be transported from any State, Territory,
or District to or through another State, Territory, or District, or to or through a Province
of the Dominion of Canada contrary to the laws of the State, Territory, or District,
or Province of the Dominion of Canada in which they were taken or from which they
are transported; nor shall any such birds be transported into any State, Territory,
or District from another State, Territory, or District, or from any State, Territory, or
District into any Province of the Dominion of Canada at a time when such State,
Territory, or District, or Province of the Dominion of Canada prohibits the possession
or transportation thereof.
[As amended October 25, 1918.]

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 im-
mediate families, in any manner and at any time, and possess and transport auks,
auklets, guillemots, murres, and puffins and their eggs for food, and their skins for
clothing.

REGULATION 8.-PERMITS TO PROPAGATE AND SELL MIGRATORY WATERFOWL.
1. A person may take in any manner and at any time migratory waterfowl and
their eggs for propagating purposes when authorized by a permit issued by the Secre-
tary. Waterfowl and their eggs so taken may be possessed by the permitted and may
be sold and transported by him for propagating purposes to any person holding a
permit issued by the Secretary in accordance with the provisions of this regulation.
2. A person authorized by a permit issued by the Secretary may possess, buy, sell,
and transport migratory waterfowl and their increase and eggs in any manner and at
any time for propagating purposes; and migratory waterfowl, except the birds taken
under paragraph 1 of this regulation, so possessed may be killed by him at any time,
in any manner, except that they may be killed by shooting only during the open
season for waterfowl in the State where taken, and the unplucked carcasses and the
plucked carcasses, with heads and feet attached thereto, of the birds so killed may
be sold and transported by him in any manner and at any time to any person for actual
consumption, or to the keeper of a hotel, restaurant, or boardline lhou.e, retail dealer
in meat or game, or a cL b, for sale or service to their patrons, who may posopss such
carcasses for actual consumption without a permit, but after midnight of March 31,
1919, no migratory waterfowl killed by shooting shall be bought or sold unless each
bird before attaining the age of four 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


1919.1







10


BUREAU OF BIOLOGICAL SURVEY.


April,


well-defined mark which shall be sufficient to identify them as birds raised in do-
mestication under a permit.
3. Any package in which such waterfowl or parts thereof or their eggs are trans-
ported shall have plainly and conspicuously marked on the outside thereof the name
and address of the permitted, the number of his permit, the name and address of
the consignee, and an accurate statement of the number and kinds of birds or eggs
contained therein.
4. Applications for permits must be addressed to the Secretary of Agriculture,
Washington, D. C., and must contain the following information: Name and address of
applicant; place where the business is to be carried on; number of acres of land used
in the business and whether owned or leased by the applicant; number of each species
of waterfoN I in possession of applicant; names of species and number of birds or eggs
of each species if permission is asked to take waterfowl or their eggs; and the particular
locality where it is desired to take such waterfowl or eggs.
5. A person granted a permit under this regulation shall' keep books and records
which shall correctly set forth the total number of each species of waterfowl and their
eggs possessed on the date of application for the permit and on the first day of January
next following; also for the calendar year for which permit was issued the total number
of each species reared and killed, number of each species and their eggs sold and trans-
ported, manner in which such waterfowl and eggs were transported, name and address
of each person from or to whom waterfowl and eggs were purchased or sold, together
with number and species and whether sold alive or dead; and the date of each transac-
tion. A written report correctly setting forth this information shall be furnished the
Secretary during the month of January next following the issuance of the permit.
6. A permitted shall at all reasonable hours allow any authorized employee of the
United States Department of Agriculture to enter and inspect the premises where
operations are being carried on under this regulation and to inspect the books and
records of such permitted relating thereto.
7. Permits issued under this regulation shall be valid only during the calendar year
of issue, shall not be transferable, and may be revoked by the Secretary, if the permitted
violates any of the provisions of the Migratory Bird Treaty Act or of the regulations
thereunder.
8. A person engaged in the propagation of migatory waterfowl on the date on which
these regulations become effective will be allowed until September 30, 1918, to apply
for the permit required by this regulation, but he shall not take any migratory water-
fowl without a permit.
(As amended October 25, 1918.1
REGULATION 9.-PERMITS TO COLLECT MIGRATORY BIRDS FOR SCIENTIFIC
PURPOSES.
A person may take in any manner and at any time migratory birds and their nests
and eggs for scientific purposes when authorized by a permit issued by the Secretary,
which permit shall be carried on his person when he is collecting specimens there-
under and shall be exhibited to any person requesting to see the same.
Application for a permit must be addressed to the Secretary of Agriculture, Washing-
ton, D. C., and must contain the following information: Name and address of applicant
and name of State, Territory, or District in which specimens are proposed to be taken
and the purpose for which they are intended. Each application shall be accompanied
by certificates from two well-known ornithologists that the applicant is a fit person
to be entrusted with a permit.
The permit will authorize the holder thereof to possess, buy, sell, and transport in
any manner and at any time migratory birds, parts thereof, and their nests and eggs
for scientific purposes. Public museums, zoological parks and societies, and public
scientific and educational institutions may possess, buy, sell, and transport in any







1919.]


SERVICE AND REGULATORY ANNOUNCEMENTS.


11


manner and at any time migratory birds and parts thereof, and their nests and eggs
for scientific purposes without a permit, but no specimens shall be taken without a
permit. The plumage and skins of migratory game birds legally taken may be pos-
sessed and transported by a person without a permit.
A taxidermist when authorized by a permit issued by the Secretary may possess,
buy, sell, and transport in any manner and at any time migratory birds and parts
thereof legally taken.
Permits shall be valid only during the calendar year of issue, shall not be trans-
ferable, and shall be revocable in the discretion of the Secretary. A person holding
a permit shall report to the Secretary on or before January 10 following its expiration
the number of skins, nests, or eggs of each species collected, bought, sold, or trans-
ported.
Every package in which migratory birds or their nests or eggs are transported shall
have clearly and conspicuously marked on the outside thereof the name and address
of the sender, the number of the permit in every case when a permit is required, the
name and address of the consignee, a statement that it contains specimens of birds,
their nests, or eggs for scientific purposes, and, whenever such a package is transported
or offered for transportation from the Dominion of Canada into the United States or
from the United States into the Dominion.-of Canada, an accurate statement of the
contents.
(As amended October 25, 1918.]

REGULATION 10.--PERMITS TO KILL MIGRATORY BIRDS INJURIOUS TO PROPERTY.
When information is furnished the Secretary that any species of migratory bird has
become, under extraordinary conditions, seriously injurious to agriculture or other
interests in any particular community, an investigation will be made to determine
the nature and extent of the injury, whether the birds alleged to be doing the damage
should be killed, and, if so, during what times and by what means. Upon his deter-
mination an appropriate order will be made.

REGULATION 11.-SALE OF MIGRATORY GAME BIRDS LAWFULLY HELD IN COLD
STORAGE JULY 31, 1918.

A person authorized by a permit issued by the Secretary may possess and may sell
and transport until midnight of March 31, 1919, the carcasses of migratory game birds
lawfully killed and by him lawfully held in cold storage on July 31, 1918, to any person
for actual consumption, or to the keeper of a hotel, restaurant, or boarding house, retail
dealer in meat or game, or a club, for sale or service to their patrons, who may possess
such carcasses for actual consumption without a permit until midnight of April 5, 1919.
[Added by proclamation of October 25, 1918.]

REGULATION 12.-STATE LAWS FOR THE PROTECTION OF MIGRATORY BIRDS.
Nothing in these regulations shall be construed to permit the taking, possession, sale,
purchase, or transportation of migratory birds, their nests, and eggs contrary to the laws
and regulations of any State, Territory, or District made for the purpose of giving
further protection to migratory birds, their nests, and eggs when such laws and regula-
tions are not inconsistent with the convention between the United States and Great
Britain for the protection of migratory birds concluded August 16, 1916, or the migra-
tory bird treaty act and do not extend the open seasons for such birds beyond the dates
prescribed by these regulations.
[Added by proclamation of October 25, 1918.1


WASHIINGTON : GOVERNMENT PRINTING OFTIC : 1919





UNIVERSITY OF FLORIDA
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