Migratory bird treaty, act, and regulations

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Migratory bird treaty, act, and regulations
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A5. 1K9

S. R. A.-B. S. 34. Issued August 16. 1)20.

United States Department of Agriculture,

BUREAU OF BIOLOGICAL SURVEY.
E... NIXELSON, Chif of BureU)au.


SERVICE AND REGULATORY ANNOUNCEMENTS.


MIGRATORY BIRD TREATY, ACT, AND REGULATIONS.1


CONVENTION BETWEEN THE UNITED STATES AND GREAT BRIT-
AIN 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 Americ(a 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 for-
age plants on the public domain, as well as to agricultural crops, in
both the United States and Canada, but are nevertheless in danger
of extermination through lack of adequate protection during the
nlesting(r season or while on their way to and from their breeding
grounds;
The United States of America and His Majesty the King of the
United Kingdom of Great Britain and Ireland and of the British
1Including amendments of the regul.tiois approved Oct. 25, 1918; July 28, 1919;
and July 9, 1920.
2 This treaty was signed on Aug. 16, ratified by the Senate Aug. 29. by the President
Sept. 1, and by Great Britain Oct. 20; ratifications thereof were ,xcliii'l Dec. 7, ;-nil it
was proclaimed by the President Dec. 8, 1916. Constitutionality of 1lir. treaty and act
sustained by Supreme Court in decision of Apr. 19, 1920, in case of State of Misiiri iv.
Ray P. Holland. ___ F
Can ida. by an act of Pari V ren' rij fA 'v mU r I 'i 1-1 t to thiis con-
vention, and promulg-ited re-ulatin .R
r,22aR- 20--1 tI1







BUREAU OF BIOLOGICAL S'-RVEY.


Dominions beyond the Seas, Emperor of India, being desirous of
iving from in(discriminate 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. 7. 0., K. C. M. (., etc.. His Majesty's Ambiassador
Extrao)Irdinary 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 I.

The High Contracting Powers declare that the migratory birds included in
the terms of this Convention slhill be as follows:
1. Migratory Game Birds:
(a) Anatidae or waterfowl, inchludinlg brant, wild dv -ks, geese, and swans.
(b) Gruid:,, or cranes, including little brown, sandhill, and whooping cranes.
(c) flallidae or rails, including coots. ,a11iiiulcs and sora and other rails.
(d) Limicolae or shorebirds, including avocets. curlew, dowitchers, godwits,
knots, oyster catchers, 1phala ropes, plovers, sandpipers, snipe, stilts, surf birds,
llurn'stO!n' willet, woodcock and ye!lowleu'-.
(e) Columbidae or pigeons, including doves and wild pigeons.
2. Mi_-ratory Insectivorous Birds: Bobolinks, catbirds, chickadees, cuckoos,
flickers, flycatchers, u's1 eaks, hummning birds, kinglets, martins, nmvadowlarks,
nighthawks or bull 1,ats, nut-hatches, orioles, robins, shlrikes, swallows, swifts,
t;i ;i( .s, titmice, thrushes, vireos, warblers, wax-winiis, whippoorwills, wood-
peckers aind wrens, and all other perclhing birds which feed entirely or chiefly on
iiist/,ts.
3. Other Migratory Nongame B irds: Auks, auklets, bitterns, fulmnars, gannets,
grebes,. guillemots, gulls, heron-, ja;'a'ers, loons, mum'r,. petrels, puffins, shear-
water-, and ternu.
ARTICLE II.

The High Cont ranl ii Pow,.rs ar',-, that, a;s an effective mieans of preserving
migratory birds there shall be s.tab1l1isiield the follow, cl.,ose seaasv n during
which no hunting siamll be done except for scientific or pro( pag:ating purlioses
under permits is-iied by proper authorities:
1. T]71 c,-, eiso i onii migratory game birds shall be between Mairch 10 and
Sep member 1, except tlhiat the clei, s;0Ason1 on the Limicolae or shorebirds in.. tihe
.1ii'iti mne Provincei. of Caami:d a and in those States of the United States boirder-
ii on the At1;11itic O(1-; in which are situated wholly or in pla rt north of Chiess-
plea'ke Bay .hl;i 11 e bet.ei Febiia ry 1 and August 15, and that JIndians may
take at any time sroters for food but not for s;ile. The s(;asoi for hunting
-1ill be further r -l riotedd to s(uchl period not exceeding three and elme-hailf


[S. R. A.









B. S. 34.] BUREAU OF BIOLOGI('AL S'R\lY.

montl .s as the High Contractin-, Power'- maiy -.verally ,'ili appropri;ite ani
detine Ihy law ,r regulation.
2. The clo,,.O as., on IIJigraitory ili-r'tivolouS lbirds shall ,'.iitilile trhol- ,Ii)lt
the year.
3. The clo.d season on otller iiii i;tory nolgamie birds lall coill jlie ilroUnh-
out the year, except that El'IiII'', and llindia n- i;i1:I take at any -,.sonI aLI-:. afk-
lets, glillemots, mutt'- and pvfli,-. ;iid tlieir e.-.- for fool aid their skins for
cloth lii ', but the birds ;i i ,-. taken shall lot be sold or 4 i)ered fo)r sale.

ARTICLE III.

The High Contracting Powers n '-',.e that during the !eriod of tI years i,\.t
flliwiri. the g,'ini into effect of this conventionon, there sil Ii1 b;i colltilIuoulS
Cho-e season on the followii-- mignlratory gamie bi,,- to wit:-
PBa id-tailel pi-.-i,,s. little brown, -; ,iilihill and whooping ,;: ii ie-. swans, cUIrlew
and all shireliirds (except the l,:ack-lii,;isted and .-,lehn Jl'over, Wilson ur j:tk
snipe, wood(.,cock, and the greater and lesser yellowl,.r-4) ; provided that during
such ten years the elo-c seasons on craie-. swans and curlew in the Provinc.-
of British Columbia shall be made by the proper atli-,irii_- of that Provinice
within the general dates and limitations e.e\llier, pii-,eribel in thi. ,onv\entionl
for the respective grouilps to which these birds bel,,n..

ARTICLE IV.

The High Contracting Powers a .re that spleiail protection shalll be given the
wood duck and the eider duck either (1) by a clh'-e.-o;ion extending over a
period of at least five years, or (2) by the establis-lhiiji ezit of rfiir-, or (3) by
such other regulations as nmay be deemed appropriate.

ARTICLE V.

The taking of nests or eggs of migratory game or ins.e'tivorous or nonganme
birds shall be prohibited, except for ,-.ientific or prpa-atrating purpo-t--. under
such(. l -s o4r regulations as the High Contr:ictiij- Powr.s may s-verally deem
apP ropriate.
ARTICLE VI.

The High Contra',tini Powers agree that the shipment or export of niiL-'riitfry
birds. or thi-,ir eggs from any State or Province, during the continmance of the
clise season in such State or Provini'e. shall be prohililitedl except for scientific
or propagating purposes, and the international traffic in any birdis or .- ;t
suchl time captured, killed, takeii, or shillpped at any time contrary to the laws
of the State or Province in \-hich the .same were captured, killed, talkin. iIrI
sliipped shall be likewie prohibiited. Every pa;.kage coiiitaining ,mi-i.ratorYv 1irdl
or any parts thereof or any eggs of migratory birds tr:n-,orted, or ,fferiq for
transportation from the United States- into the Diiiiiiiion of C;i iada or from
the D(ominion of Canada into the United Stat.. sliaIlli have the tia;ini ;ld
address of the shipper and an a--ccurate statement of thi,. tentstens .-li ily iaiw rkod
on the outside of such package.

ARTICLE VII.

Permits to kill any of the above-namiied birdl-s whi'-h., idiler extr;nrnl.i 1ry
conditions, may become seriously injiniious to thle ;u.ri< iir'ral oir otli,,r inl.Io-st.;
in any particular community, may be i-ssiid by lhie pr,,I|Thr :-tli,,wti,. ,if Th.








BUREAU OF BIOLOGICAL SURVEY.


Higl ('ontra(.tinig Powers under suitable regulations prescribed therefore hy
tliem respectively, but such permits shall lapse, or may be canceled, at any
time when, in the opinion of said authorities, the particular exigency has
I'.issed, anld no birds killed under this article shall be shipped, sold, or offered
for -;ie.
ARTICLE VIII.

The High Contracting Powers agree themselves to take. or propose to their
r'-pective appropriate law-making bodies, the necessary measures for insuring
the execution of the present Convention.

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
soont as possible and the Convention shall take effect on the date of the exchange
of the ratifications. 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 expiration of said period of fifteen years, of its intention of
terminating its operation, the Convention shall continue to remain in force for
on)e year- an(d so on frmi 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 ratification 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:
RouI.:Irr LANSING,
SeU.retary of State.


[S. R. A.








BUREAU OF BIOLOGICAL SURVEY.


MIGRATORY BIRD TREATY ACT.3

[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 sixtincuth, nine-
teen hundred and sixteen, and for other purposes.

Be it enacted by the Senate mnd tHouse of R(pr< .n itatives of the United States
of America in Congr( .sx assembled, That this act shall be knowiil by the short
title of the "Migratory Bird Treaty Act."
SEC. 2. That unless and except ;s permitted by regulations ni;le ,. herein-
after provided, it shall be unlawful to hunt, take, capture, kill, attempt to take,
capture or kill, p'se-s, 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 what-
ever, 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 miir:itory
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, front
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 allowV
hunting, taking, capture, killing, possession, sale, purchase, slipinwid, trans-
portation, carriage, or export of any such bird, or any part, nest, or eg-g thereof,
and to adopt suitable regulations permitting and governing the same, in accord-
ance 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 .
thereof, captured, killed, taken, shipped, transported, or carried contrary to
the laws of any Province of the Dominion of Canada in which the st ]ii wa-
captured, killed, or taken, or from which it was shipped, transported, or
carried.
SEC. 5. That any employee of the Department of Agriculture autlhoriz.d by
the Secretary of Agriculture to enforce the provisions of this act shall have
power, without warrant, to arrest any pe-rson committing a violations of this
act in his presence or view and to take such person itnnieli.tely for e\x;iiin;i-
tion 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 enforcenienrt of the pri,'visio-: of this i(.I ; and
shall have authority, with a se:irch warrant, to e;.ir'ch any pl;<,.e. The several
judges of the courts established under the laws of the United States. and

aConstitutionality of act sustained by Supreme Court in decision of Apr. f19, 12'1'. in
ease of State of Mis.ouri v. Ry P1. Hollid.x


5228-20-----2


B. S. 34.]








BUREAU OF BIOLOGICAL .'VRVEY.


United States commissioners may, within their respective jurisdictions, up)IM
proper <,;th or affirmation showing probable (a uise, issue warrants in all such
,caes. All birds, or parts, nests, or eggs thereof, captured, killed, taken,
shipped, transported, carried, or possessed cotitrairy 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, caru'ried, 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, partinershlip, 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 madle puIr.;Uant to this act, shall
be deemed guilty of misdemeanor and upon conviction thereof shall be finedl
not more than $500 or be imprisoned not more than six months, or both.
Sir:. 7. That nothing in this act shall be construed to prevent the several
States and Territories from making or enforcing la's or regulations not in-
consistent with the provisions of 'a;id convention or of this act, or from niak-
ingi or enforcing laws or regulations which shall give further protection to
migratory birds, their nests, and eggs, if such laws or regulations do not ex-
tIend the open es;ions for such birds beyond the dates approved by the Pres.i-
dent in accordance with section three of this act.
SEC. 8. That until the adoption and approval, pursuant to section three of this
act, of regulations dealing within migratory birds and their nests and eggs, such
migratory birds and their nests and eggs as are intended and used exclusively
for scientific or propagating purlp(ses. may be taken, captured, killed, possessed,
s'old, purchased(, shipped, and transported for such scientific or propagating
purposes if and to the extent not in conflict with the laws of the State, Terri-
tory. ,)r District in which they are taken, captured, killed, posse.ssed, sold, or
piurclihased, or in or from which they are shipped or transported if the packages
conIItaininig the dead bodies or the nests or eg.s of such birds when shipped and
transported shall be marked on the outside thereof so as accurately and clearly
to show the liiiie and addlre.ss of the shipper and the contents of the package.
SEC. 9. That the unexpended blalances 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 \Ma;rch fourth, nineteen hundred and thirteen, relating to the protec-
tion of migratory game and insectivorous birds, are hereby reappropriated and
made available until expended for the expenses of carrying into effect the
provisions of this act and regulations made pursuant thereto, including the
payiimeniit of such rent, and the employmiient of such persons, and means, as the.
S,,,retary of Agriculture may (leem necessary, in the District of Columbia and
elsewhere, cooperation with local authorities in the protection of migratory
birds, and n.ecessa ry investimtions connected therewith: Provided, That no
Irsoni who is subject to the draft for service in the Army or Navy shnll be
eXempl)ted or excused from such service by reason of his employment under
this act.
SE'c. 10. That if any clause, sentence, paragraph, or pa rt of this act shall, for
any reasonn. l) adjudged by any court of competent jurisdiction to be invalid.
s,.]-h judgment shall not affect, impair, or invalidate the remainder thereof, but
sliall b)e confined in its operation to the (clatluse, sentence, paragraph, or part
thereof directly involved in the controversy in which such judgment shall have
boiei rendered.


[s. I.A.









BUREAU OF BIOL' GICAL S"REY.


SEx. 11. That all acts or parts of acts inc.l,,ik-tent with the proviioln-, of tlins
act are hereby repealed.
SEC. 12. Nothing in tlis act shall be coiin..,trued to prevent the breedilg of
migratory ame birds on farms and preserves alndil the -ale if 1iirdN so ired
under proper regulation for the purlpo)se of inerea-inz the food .'ipply.
SEC. 13. That this act shall 1 -iecir e effe,.tilv, imniliately upon its pasae
and approval.

MIGRATORY-BIRD TREATY ACT REGULATIONS.

[As liprioved and promulla t-d by the Pn-sid-nt, July 31, 1918, and amended October 25,
1918, July 28, 1919, and July 9, 1920.]

REGULATION 1.-DEFINITIONS OF MIGRATORY BIRDS.

Migratory birds, included in the terms of the convention betwN*en the Unitdl
States and Gre:at Britain for the protection of iiiir:itory birds, concluded
August 16, 1916, are as follows:
1. fMigratory gffitii 'irds:
i a) Anatid;t,-, or waterfowl, including brant, wild ducks, geese, and swans.
( b) Gruidae, or cranes, including little brown, sandhill, and whooping criwi,,s.
ic) Rallidfe, or rails, including coot, gallon [,d', and sora and other rails.
td) Limicolae, or -h,,rehirds, including avoirets, curlews, dowvitchers, -iidwvits.
knots, oyster catchers, phalaropes, plovers, sandpipers, snipe, stilts, surf birds,
turnIlstones, willet, woodcock, and yellowlegs.
(e) Coltimlidl;b-, or pigeons, inchluinhi. dove- and wild pigeons.
2. Miqr'itory insectirvorous Jird.": Cuckoos-;' flickers and other w lodp)eckers;
nighthbawks or bull-bats and whip-poor-wills; swifts; huminninig.hirds (: flycatc(h-
ers: bobolinks, meadowl.irks, and orioles: grosbeaks.;" t: i Ii;ers; martins and
other s\vallows; waxwings; shrikes; vireos; warmers; pipits; catbirds and
brown thrashers; \vrens;: brown creepers; nuthatchos ; chickadees and titnli-e;
kinglets and gn;tcatci-hers; robins and otlicr thrush. ; and all other peri lhibil
lbir(ds whi-h feed entirely or chiefly on ins-ects.
3. Othir iW(I'atory ,riifimnin birils: Auks, aukl'tsr, bittern ,, fulimars, ganets,
grebles, guillenots, gulls, herons, jaegers, loois., nurres. petrels, liuiflis, she:tir-
waters, and terns.
[As amended July 9, 1920.]

REGULATION 2.-DEFINITIONS OF TERMS.

For the purposes of these regulations the following sterns shall be construed,
respectively, to mean-
Secretury.-The Secretary of Agriculture of the United States.
Person.-The plural or the singular, as the case ,leniands, including indi-
viduals. assochiations, partnerships, and corporations, unless the context other-
wise requires.
Takc.-The pursidit, hunting, capture, or killing of migratory birds in the
manner anil by the means specifically permitted.
Open .t.i!vkon.-The time during which migratory birds may be take.n.
"rfna.por1.-Shippiing, transporting, carrying, exporting, receiving or deliver-
ing for shili ient, t'ransportatio'i, carriage, or export.

REGULATION 3.-MEANS BY WHICH MIGRATORY GAME BIRDS MAY BE TAKEN.

The niigratory gaNie birds specified in Re -ilation 4 hereo)f mnay be taken dur-
ing the ,l, ei season with a gun only, not larger rlithan No). 10 gau-e, tired fro'u
thi shouldher, xcept as specifically pirmiittl. by 16-llilatiiins 7. 8. 9.n ani 10


B. S. 34.]








BUREAU OF BIOLOGICAL SURVEY.


lieref; they may be taken during the open easoipin from the land and water,
from a blind or floating device (other than an airplane, powerboat, sailboat.
any boat under sail, or any floating device towed by powerboat or sailboat).
with the aid of a dog, and the use of decoys.
[As amended July 28, 1919.]

REGULATION 4.-OPEN SEASONS ON AND POSSESSION OF CERTAIN MIGRATORY
GAME BIRDS.

For the purpose of this ri-gulation, each period of time herein prescribed as
an open season shall be conistriued to include the first and last days thereof.
Waterfowl (except wood duck, eider ducks, and swans), rails, coot, gallinules,
black-bellied and golden plovers, greater and lesser yellowlegs, woodcock, Wil-
son snipe or jacksnipe, and mourning doves may be taken e;ich day from half
an hour before sunrise to sunset duriiig the open seasons prescribed therefore
in this reii-ulation, by the means and in the numbers permitted by Regulations
3 and 5 hereof, respectively, and when so taken, may be possessed 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 succeeding said open
season, but no such birds shall be possessed in a State, Territory, or District at
a time when such State, Territory, or District prohibits the possession thereof.
lWaterfoirl (c.r,'ulit wood duck, eider ducks, and swans), coot, gillin miles, and
Wilson snilir or jack..iiipe.-The open seasons for waterfowl (except wood duck,
eider ducks, and sw.s. )), 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, Wis-
consin, Illinois, Minnesota, Iowa, Missouri, North Dakota, South Dakota, Ne-
braskal, Kansas, Colorado, Wyoming, Montana, Idlaho, 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 Rhode Island, Connecticut, Utah, and that portion of Oregon and Wash-
ington lying \,.st of the summit of the Cascade Mountains the open season shall
l)e from October 1 to January 15;
In that portion of Nw\\- York known as Long Island, and in New Jersey, Dela-
wNre, Oklahiiii;, Texas, New Mexico, Arizona, and California the open season
sliall be from October 16 to January 31;
In MIiryland, the District of Columbia, Virginia, North Carolina, South Caro-
lina, Georgia, Florida, Alabama, Mississippi, Tennessee, Arkansas, and Louisi-
ana the open season shall be from November 1 to January 31; and
In Alaska the open season slhall be from September 1 to December 15.
Rails (except coot and gallinules).-The open season for sora and other rails
(except coot and g;ullimules) 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-b'llicd and golden plovers and greater and lesser yellowlegs.-The open
sea.sns for black-bellied and golden plovers and greater and lesser yellowlegs
shall be as follows:
In Mahine, New HaIampshire, 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,
Arkans:is, Oklahoma, Texas, New Mexico, Arizona, California, and Alaska tlhe
open season shall be from September 1 to December 15;


[S. R. A.









.BUREAU OF BIOLOGICAL 'UIRVEY.


In Vetrmiont, Pinns-ylvania, Ohio, West Vir:iginia. Kentucky, Indi;Miii;. Mi.li.._:i.
W\is:onsin, Illinois, M.lissuri. 1I. Iowa. Mi.Ii soltta, North Dikot:i. South Dakota,
Nebraska, Kanisas, Colorado, Wyiiiing. Montana, Idaho, Nevada, and tli:tt por-
tion of Ori-gin and Waehlington lying east of the summit of the C;i.-,;ade M,'i,-
tains the open season shall be from September 16 to December 31;
In Utah and in that portion of Oregon and Wa-hington lying west of the
summit of the Cascade Mountains the open seas, li -hall b from October 1 to
January 15; and
In Ge,,rgia. Florida, Alabama. Missis-ippi, and Louisiana the open ei:ison
shall lie from November 1 to January 31.
l\'od1,ock.-The open seasons for woodoc-k shall b. as follows:
In Maine, New tIamipshire, Vermni at, Ma ssahusetts, Rhol, Isl i,1.. Connecli-
cut, New York, New Jersey, Pennsylvania, Ohio, West Virginia, Kentucky,
Indiana. Michigan, WViscnsin, Illioi.s. Mi:-,'U ni, Iowa, .Minnie:-,ta, Norli Dia-
kota. South Dakota, Nebrasiska, and Kana-Ws the open .';iason shall be friomi
October 1 to November 30; and
In Delaware, Maryland, the District of Columbia, Virginiai. North Carolina,
South Carolina. Georgia, Florida, A;laiuna Mississippi, Tenne--.f., Arkans,.,
Louis.-iana, Texas, and Oklahoma the open sea-.,,n sli;il1 be from November 1 to
December r 31.
Dores.---The open sias-ins for mouriiinLr dove shall be as foll,,\\-:
In Delaware, Manryland, Virginia, Teujesee. Kentucky, Ohio, Indiana, Illi-
n,,is, Minnesota, Nebira-ki. Kansas, Missouri, Arkansas, Oklaho.;i. T.'x;,s, New
Mexico, Colorado, Ut:ih, Arizona. Californi;, Nevada, L1;iho, and Ore-on the
open seasoiu shall be from September 1 to December 15; 3 ,d
In North Carolina, South Carolina, Georgia, Florid',.. Alaliam1, Louisiana,
and Mississipqpi the olen ea- on shall be from Octol.,r 16 to Jail:tiry 31.
[As amended October 25, 1918, July 2S, 1919, and July 9, 1920.]

REGULATION 5.-BAG LIMITS ON CERTAIN MIGRATORY GAME BIRDS.

A pIersin, may take in any one day during the open sea:o, prex-ribed there-
for in Regulation 4 not to exceed the following numbers of migrato-ry --wlne
birds:
Ducks (c.r'it irod du 'rk and eider tic1ks).-Twenty-five in the ar,.'.ite of
all kinds.
Gee.Nc.-Eight in the ag_,regate of all kinds.
Brant.-Eight.
Rails, kinds.
A'Sora.-Fi fty.
Blae.k-bellicl and golden plovers and greater and /r".,-r urlloirlegs.-Fifteen
in the aggregate of'all kinds,
Wilson .;nipe, or jaucksipc.-Twenty-five.
Woodcock.-Six.
Does (mourning).-Twenty-five.
[As amended October 235, 1918, and July 28. 1919.]

REGULATION 6.-SHIPMENT, TRANSPORTATION, AND POSSESSION OF CERTAIN
MIGRATORY GAME BIRDS.

Waterfowl (except wood duck. eider du-ks., and swans), rails, ciot. Lalli-
nule.m, black-bellied and golden plovers, greater a nd lesser yellwlh.., wood-
cock, Wilson snipe or jack;nilpe. and mourning doves and parts thereof legally
taken may be tran ported in or (,ut of the State whle.re taken diiria, -11 iit. H ',"


B. .. 34.]








10


Bt'1vIEAU OF BIOLOGIC(('ALI SURIIVVY.


[S. R. A.


ive, open st-isons in that Slate, and miany be imported from Canada duriniig Ilte
oi)eR -e;a on in the Province where taken, in any l mannerr, but not iiire a llil
the imul iner thereof that i;iay 1 be taken in two days by one peroin under thllse
regulations shall be transl)po)rted by one person inl one calendar vwek out of lihe
State where taken any such mi-igr:,tory gaz me birds or parts thereof in transit
(luriing lthe opelln s'41:1401on mIly continulie in transit such additional tinie immediately
sulceedilg su1(.h op)en s'.5so1l, not to exceed live days, nece-.- iry to deliver ih,
s.ame to their destination, aind niay be po-li,.-c.d in any State, Territory, or
ID)istrict during the period constituting the open .-ison where killed, and for
an additional period of ten days next succeeding" said open -e1asoin; and
anly J);clkage in which niigratory game birds or parts thereof are transported
shall have the name and ahddi -s of the shipper and of the consignee and an
accurate statement of the numbers and kinds of birds contained trlieirei
clearly and conspiiciuously marked oni the outside thereof; but no such birds
shall be transported from aniy State, Territory, or District to or through an-
other State, Territory, (I-r I)istrict, or to or through a Province of the DI)omlin-
ion of (Canada contrary to thle 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 Statp,
Territory, or District from another State, Territory, or District, or from any
State. Territory, or District into any Province of the Dominion of Cai;.ila
at a time when such State, Territory, or District, or Province of the Dominion
of C;i ;ida prohibits the pos,-,ssion or transportation thereof.
[As amended October 25, 1918, and July 9, 1920.]

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 lhemselves and their
immediate families, in any manner and at any time, and possess and transport
auks, auklets, guillemots, murs, and puffins and their eggs for food, and their
skins for clot1hilg.

REGULATION 8.-PERMITS TO PROPAGATE AND SELL MIGRATORY WATERFOWL.

1. A perso l may take in any l I;aier and at( any time migratory waterfowl
amd 11eir eggs for propagating purpo-r's when authorized by a permit issued by
l ie Secretary. Waterfowl aind their eggs so taken nay be possessed by the
peril ttee a(Ind may be sold and transported by him for propa.Igating purposes to
anIy Jprsonl l(1ding a permit issued by tlhe Secretary in accord.inice with the pro-
visios o)f tli is regulation.
2. A person ,luthliorized by a permit issued b y the Secretary may pses, buy,
sell, :111( lranslIport migratory waterfowl and their increase and eggs in any
mtimiiIer a1(1d ga any tiie for rOa;tiing purposes; and migratory waterfovl,
ex-('e)t t1i ) bir(Is tailken ulndler pa;ii':gra;ilph 1 of this reg elation, so possessed imay
be killed yby him at aniy time, in iany lmiilier, except that they imay be killed
bly sliootillg onlly during the (o)pen -s:,(ion for waterfowl in the State where
killed, and tlie carca-.-,, within leads and feet attached thereto, of the idrdls sc
killed vl ijay be shol and transported by him in any I;minner and at any time to
any person for actual consumption, or to the keeper of a hotel, restaurant, or
boardilig 1(1ho1ls, retail dealer in meat or game, or a club, for s;ile or service to
their )atro1ns, who 1may po-s(>-, such('r1 (,rcasses for actuol8 consumpll)tion witliout
a piernilit, but no niigratory waterfowl killed by shooting shall be bought or sold
unless each bird before attaining the age of four weeks sliall have had removed







B.S.84.] BUREAU OF BIOLOGICAL SURVEY. 11

fro ii 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. Any package in which such waterfowl or parts tllwr-iif or their ,.. ;1re
transported shall have plainly and conspicuously marked on the outside thereof
the name and address of the permitted, the number of his permit, the nmaie
and address of the consignee, and an accurate statement of the number anld
kinds of birds or eggs contained therein.
4. Applications for permits must be addressed to the Secretary of Agricul-
ture, Washington, D. C., and must contain the following information: Name
and address of applicant; place where the business is to be carried on ; nmmmmlber
if acres of land u.,ed in the business and whether owned or leI-,'d by the8 ap-
plicant; number of each species of waterfowl in po--', .sion of applicant; namnes
Of species and number of birds or eggs of each species if permission is asked
to take walterfowl or their (e- s; and the particular locality where it is desired
To take such \waterfowl or eggs.
5. A person, grznmted a permit under this re--laltion shall keep bool)ks and
records which shall correctly set forth the total number of each species of
\waterfowl and their eggs possessed on the (late of application for the permit
and on the first day of January next following; llso for the calendar year for
which permit was issued the total number of each species reared and killed,
number of each sp-ciesi and their e"-s sold and transported, manner inl whi(h
such waterfo\vl and eggs were transported, name and address of each person
from or to whom waterfowl and eggs werle pur(1i;i number and species and whether sold alive or dead; and the (late of each
transaction. 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 authoriz.,1 employee
(of the United States Department of Agriculture to enter and inspect the prem-
ises where operations are being carried on under this regulation and to irlspect
tlhe books and records of such permitted relating thereto.
7. Permits issued under this regulation shall be valid only during the calen-
dar year of issue, shall not be transferable, and may be revoked by the Sct'rc(-
tary, if the permitted violates any of the provisions of the Migratory Bird
Treaty Act or of the regulations thereunder.
8. A person er gail in the propltagation of migratory waterfowl on the date
o(n 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 wa-terfowl without a permit.
[As amended October 25, 1918, and July 9, 1920.]

REGULATION 9.-PERMITS TO COLLECT MIGRATORY BIRDS FOR SCIENTIFIC
PURPOSES.

A person may take in any manner and at any time migratory birds aind their
rests and eggs for scientific purpo- e(s when authorized by a permit issued by
the Secretary, which permit sli;ill be carried on his ptr-son when he is collecting
slpeeimen, thereunder and shall be exhibited to any per1'-,n reu;estin.i. to -,v the
same.
Applicati(in for a perniti must be addressed to thOW Sc r,'atiiy of A riulturc,
Washington, D. C., and must contin the followi (i mnforniition : Name amid ad-
dress of applicant and i:iiie (of State, Territory, or IDistrict in which Sl( ciii..-







BUREAU OF BIOLOGICAL SURVEY.


[S. R. A.-B. S. 34.1


are proposed to be taken and the purpose for which they are intended. Each
application shall be acconipanied by certificates from two w'ell-know'n ornithol-
ogists that the applicant is a fit person to be intrusted with a permit.
The permit will authorize the holder thereof to possess, buy, sell, and trans-
port 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 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
ganle birds legally taken nmy be possessed and transported by a person with-
out a permit.
A taxidermist when authorized by a permit issued by the Secretary may
i),,sess, buy, sell, and transport in any manner and at any time migratory
birds and parts thereof legally taken.
Permits slhall be valid only during the calendar year of issue, shall not be
transferable, 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 transported.
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 per-
mit 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 Caniada, 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 agri-
culture 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 (lanlage should be killed, and, if so, during -wVhat
times and by what means. Upon his determination an appropriate order will
be 1male.

REGULATION 11.--STATE LAWS FOR THE PROTECTION OF MIGRATORY BIRDS.

Nothing in these regulations shall be construed to permit the taking, posses-
sion, sale, purchase, or transportation of migratory birds, their 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 regulations are not inconsistent with the convention
between the United States and Great Britain for the protection of migratory
birds concluded August 16, 1916, or the migratory bird treaty act and do not
extend the open seasolins for snli. )birds beyond the dates presc.ribe(d by these
1' *." Illatio)n s.

[Added by proclamation of October 25, 1918, as amended July 9, 1920.1


WASHIINGTON : GOVERNMENT PRINTING; OIFT11 : IQ2')

UNIVERSITY OF FLORIDA


3 1262 09218 4919


12




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