Migratory bird treaty, act, and regulations

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Migratory bird treaty, act, and regulations
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U.S. O :.'-,,"

S. R. A.-B. S. 23. Issued August 26, m!ls.

United States Department of Agriculture,

BUREAU OF BIOLOGICAL SURVEY.
E. W. NELSON. Chief of BIurcau.


SERVICE AND REGULATORY ANNOUNCEMENTS.


MIGRATORY BIRD TREATY, ACT, AND REGULATIONS.


CONVENTION BETWEEN THE UNITED STATES AND GREAT BRIT-
AIN FOR THE PROTECTION OF MIGRATORY BIRDS IN THE
UNITED STATES AND CANADA.1
[Proclaimed December 8, 1916.]
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 fornife
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;
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 pres'crva-
tion of such migratory birds as are either useful to man or are harm-
1This treaty was signed on August 16, ratified by the Srnnte August 29, by the Presi-
dent September 1, and by Great Britain October 20; ratifications thereof wvre -xri'i.ni]L-d
December 7, and it was proclaimed by the President December 8, 1916.
Canada, by an act of Parliament approved August 29, 1917, gave full etTff':ct to this
convention, and promulgated 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 pur-
suance thereof; and all treaties made, or which shall be made, under the authority of the
United States shall be the supreme law of the land; and the judges In every State shall
be bound thereby, anything In the constitution or laws of any State to the contrary
notwithstanding." (Art. VI par. 2.)
748240-18




r







BUREAU OF BIOLOGICAL SURVEY.


less, have resolved to adopt some uniform system of protection'which
shall effectiNvely 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,
S 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 I.

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) Aii;i tidae, or waterfowl, including brant, wild ducks, geese, and s\wans.
(b)) Gruid,,', or cranes, including little brown, sandhill, and whooping cranes.
() Rtallidae. or rails, including coots, gallinules, and sora. and other rails.
(d) Limnicolae, or shorebirds, including avocets, curlew, do\\itehers. godwits,
knots, oyster catchers, phalaropes, plovers, sandpipers, snipe, stilts, surf birds,
turnstones. willetr. woodcock, and yellowlegs.
(c) Columibidiae, or pigeons, including doves and wild lii-geons.
2. Migratory iii-cetivorous birds: Bobolinks. catbirds, chickadees, cuckoos,
flickers, flycatchers, gr,,l teaks, huiiing birds, kinglets, martins., meadowlarks,
nighthalwks or bull bats, nut-hatches, orioles, robins, shrikes, s\wa1llow\s, swifts,
tana'-'elr, titmice, thrushes, virel's, warblers, waxwings, whippoomrwills. wood-
peckers, and wrns, and all other perching birds-which feed entirely or chiefly
oil inlsv- t .
3. Other migratory nonvamne birds: Auks, auklets, bitterns, fulmars, gannets,
grele,, guillemots, gulls, herons, jaeers, loons, murres, petrels, puffins, shear-
wIlters, and terns.
ARTICLE II.

The High Contracting Powers agree that, as an effective means of preserving
migratory birds there shall be establiedtl the following close seasons during
which no hunting shall be done exc(tpt for scientific or propagating purposes
under permits issued by proper authorities.
1. The clur, season on migratory game birds shall be between March 10 and
September 1, except that the close season on the Limiclilac. or shorebirds, in
the maritime Provinces of Can;lda and in those States of the United( Slates
bordering on the Atlantic Occ;a, which are situated wholly or in part north
of Chesapeake 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 rest rioted to such period not exceeding three and
one-half months as the High Contracting Powers nmay severally (leem appro-
priate and define by law or regulation.
2. The clh'e season on migratory insectivorous birds shall continue through-
out the year.


[S. R. A.





I

B. S. 23.] SERVICE AND REGULATORY ANNOUNCEMENTS. 3

3. The close season on other migratory nongame birds shall continue through-
out the year, except that Eskimos and Indians may take at any zeasoin auks,
auklets, guillemots, murres, and iiuffins, and their eggs, for food and their skins
fur clothing, but the birds and eggs so taken shall not be sold or offerll for sule.

ARTICLE III.

The High Contracting Powers agree that during the period of 10 years next
following the goiug into effect of tlis (onivenutin there shall be a ciointiluos
close sealsonl on the following migratory game birds, to wit:
Badl-taile, pi ieons; little broi'wn, sandhill, and whoopin g cran1, -, s\ans,
curlew alnd all -h4orebirds (except the bla,.k-brtei;tt-, ;liin'l go-lden pl,,ver, Wil-,on
or jacki-nipe, woodlcock, and tlhe greater and lesser yellowle --) ; provided, that
ldurinII -ui.h 10 years the closee seasuiis oni ,ra.i e-. swanl',. and curlew in the
Province of British Columbia s-hall be made(- by the liro-per authorities of l liat
Provin<.e within the general dates and limitations e1-tvhewri prescribedl in this
convention for the resp.e.tive groups to which thle-e birds belong.

ARTICLE IV.

The High Contracting Powers agree that special protection shall be given the
wvifod duck and the eider duck, either (1) by a close seil-,,n extendling over a
period of at least five years, or (2) by the establishment of refuges, or (3) by
such other regulations as may be deemed appropriate.

ARTICLE V.

The taking of nests or eggs of migratory game or inec-tivorous or nongame
birds shall be prohibited, except for s,'ietifi, or proiiag;iting purpo-e-, under
such laws or regulations as the High Contracting P,.wers may severally deem
appropriate.
ARTICLE VI.

The High Contracting Powers agree that the shipment or export of migratory
birds or their eggs from any State or Province. during the continuance of the
close season in such State or Province, shall be prohibited except for -cieiitific
or propagating purpl)oses, and the international traffi- in any birds or eggs at
such time captured, killed, taken, or shippIed at any time contrary to the law-
of the State or Province in which the same were captured. killed, taken, or
shipped shall be likewise prohibited. Every package containing migratory
birds or any parts thereof or any eggs of migratory birds4 transported, or offr,ril
for transportation from the Dominion of Canada into the United States or frmn
the United States into the Dominion of Cnnadla, shall have the name and ad-
dress of the shipper and an accurate statement of the contents clearly mi'tiarkeil
on the outside of such package.

ARTICLE VII.

Permits to kill any of the above-named birds which, under extraordinary cin-
ditions, may become seriously injurious to the agricultural or other iiitt-re-t in
any particular community, may be issued by thie irolper authorities of the HIiuli
Contracting Powers under suitable regulations prescribed therefore by tl '-ei
respectively, but such permits shall lap;e, or may be canceled, at any tiile
when, in the opinion of said authorities, the particular exigency lhas pia-std,
and no birds killed undei this article shall be shipped, sold, or offered for sale.







BUREAU OF BIOLOGICAL SURVEY.


ARTICLE VIII.

Tlhe High Contracting Powers agree themselves to take, or propose to their
respective 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
soon as possible and the convention shall take effect on the date of the ex-
change of the ratifications. It shall remain in force for 15 years, and in the
event of neither of the High Contracting Powers having given notification, 12
months before the expiration of said period of 15 years, of its intention of ter-
minating its operation, the convention shall continue to remaiin 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 16th day of August, 1916.
[SEAL.] ROBERT LANSING.
[SEAL.] CECIL SPRING RICE.

*0
MIGRATORY BIRD TREATY ACT.

[Approved July 3, 1918. Public, No. 186, 65th Congress-S. 1553.]

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, nil e
teen hundred and sixteen, and for other purposes.

Be it enacted by the Senate and House of Rcprescntatiices of the United Statcs
of America in Cong.ure (. a.,m-nbled, That this Act shall be known by the short
title of the Migiratory Bird Treaty Act."
Si-:. 2. That unless and except as permitted by regulations made as herein-
after provided, it sliall be unlawful to hunt, take, capture, kill, attempt to take,
capture or kill, poI(,sess, offer for sale, sell, offer to purchase, purchase, deliver
for shipment, ship, cause to be'shipped, deliver for transportation, transport,
cau receive for shipment, transportation or carriage, or export, at any time or in any
manauer, 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 birds.
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 dis-
tribution, abundance, economic value, breeding habits, and times and lines of
migratory flight of such birds, to determine when, to what extent, if at all, and
by what means, it is compatible with the terms of the convention to allow hunt-
ing, 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


[S. R. A.








B. S.23.1 SERVICE AND REGULATORY ANNOUNCEMENTS. 5

with such determinations, which regulations shall become effective when ap-
proved 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, transprirt(d., or
carried. It shall be unlawful to impo,,rt any bird, or any part, nest. or egg
thereof, captured, killed, taken, shipped, transported, or carried c',ntrary to the
laws of any Province of the Dominion of Canaila in which the same was cap-
tured. killed, or taken, or from which it was shirpped,. transported, or carried.
SEC. 5. That any employee of the Department of Agriculture authorizo,1 b'y
the Secretary of Agriculture to enforce the provisions of this Act s.hall have
power, without warrant, to arrest any pers-,n coiminitting a violation of this
Act in his presence or view and to take such person intmedliately for examina-
tion or trial before an officer or court of competent jurisdiction ; shall have power
to execute any warrant or other pro,-e,:s i-sued by an ofl,:,'r or court of com-
petent jurisdiction for the enforcement of the provisions of this Act; and shall
have authority, with a search warrant, to .-arch any plrice. TI-he several juil.-r-
of the courts established under the laws of the Uniteil State-, and Unitel State,-
conimissioners may, within their re-pec-tive j iirisdhictionri, upon pr,,pper 'i:jth or
affirmation showingr probable cause issue warrants in all such a-.. All bir'l-.
or parts, nests, or '-Lrs thereof, captured, killed, taken. thilI,",L. transported.
carried ,l or posesel cintri'ary to the provisions of this Act or of any r i _lations
made pursuant thereto shall, when found, be stizod by any sidij employ''., or
'by any marshal or deputy marshal, and uiin .,,nvi.'tion of the offender or iipli'i,
judgment of a court of the United State-' that the ai,- were captiirel. ill.il.
taken. shipped, transported, carried, or posses;etd contrary to the provisions of
this Act or of any regulation made pursuant thereto, shall be forfeite,1 to the
United States and dliposed of as ,1i roefed 1,y the court having juri<,liction.
Si:<. 6. Tlhat any person, a--o,.iation, rp:rtner-hii-. or corporati,,n who shall
violate any of the prlovi-ions of said convention or of this Act, or wlio shall
violate or fail to comply with any regulation made pursuant to this Act, shall
blie deemed guilty of a mii-'lemenaior and upon conviction tlier,,of shall be fined
not more than 5.5'10 or be impri-on-d not nmore than six months, or both.
SEC. 7. That nothing in tlis Art shall be con-trued to prevent the -evr.,l State
anil Trt-ritories froi making or enforcing laws or rei'1latio ns not incon-i-t.,iit
with the provision- of said convention or of this Act. or fr'mn making or ciui',,iij,
laws or regulations \vhich shall give further pr,,te,'tion to miz-rri,,r: bir'-. their
ne-t-. and eggs, if such laws or regulations do not extend the oien s,.ison for
such birds beyond the dat-es appr,-ve,1 by the President in accordance with ..-
tion three of this Act.
SQx'. 8. That until the adoption and approval, pursuant to section three of this
Act. of regulations dealing with miL-ratory birds and their nests a1i ,.-ii s1'-.
migratory birds and their nests and eg as are intended and u-e, excln-ivl1
for wfientific or propagatin purpo(,es may be taken, captured, killed. p '-,-,,
sold, purchased, shipped, and transported for such scientific or proliani ti ,ir-
poses if and to the extent not in conflict with the laws of the State. Teirritiiry,
or District in which they are taken, captured., killed, pos.sesed., s'ld, or pIuIr, asked ,
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








BUREAU OF BIOLOGICAL SURVEY.


shalll be marked on the outside therieof so as accurately and clearly to show the
name and address of the shipper and the contents of the package.
Si. *9. That the unexpended balainves of any sunts 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 protec-
tion of migratory game and insectivorous birds, are hereby reappropriated and
milade available until expended for the expeiises of carrying into effect the pro-
visions of this Act and regulations made pursuant thereto, including the pay-
ment of such rent, and the employment of such persons and means, as the Sec-
retary of Agriculture may deem nce.:;Lry, in the District of Columbia and else-
whiere, cooperation with local authorities in the protection of migratory birds,
and mn.e'cess:ry investigations connected therewith: Providu,, 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 in-
valid, such juidgniment shall not affect, inmpai r, or invalidate the renimainder thereof,
but shall be confined in its operation to the clause, sentence, paragraph, or part
thereof directly involved in the controversy in which such judgm(ient shall have
been rendered.
SEC. 11. Tlhat 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
migratory 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.
[Effective July 31, 1918.]

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA)

A PROCLAMATION.

WHEREAS, section three of the Act of Congress approved July third,
nineteen hundred and eighteen, entitled "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 six-
teenth, nineteen hundred and sixteen, and for other purposes" (Pub-
lic, No. 186, 65th Congress), provides as follows:
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,
abundance, economic value, breeding habits, and times and lines of migratory
flight of such birds, to determine when, to what extent, if at all, and by.what
means, it is compatible with the terms of the convention to allow hunting,
taking, capture, killing, [possession, (sic)], sale, purchase, shipment, trans-
portation, carriage, or export of any such bird, or any part, nest, or egg thereof,
and to adopt suitable regulations permitting and governing the same, in accord-
ance with such determinations, which regulations shall become effective when
approved by the President.


[S. R. A.







B. S. 23.] SERVICE AND REGULATORY ANNOUNCEMENTS. 7

AND, WHEREAS, The Secretary of Agriculture, pursuant to said
section and having due regard to the zones of temperature and to the
distribution, abundance, economic value, breeding habits, and times
and lines of migratory flight of migratory birds included in the terms
of the convention between the United States and Great Britain for
the protection of migratory birds concluded August sixteenth, nine-
teen hundred and sixteen, has determined when, to what extent, and
by what means it is compatible with the terms of said convention to
allow hunting, faking, capture, killing, possession, sale, purchase,
shipment, transportation, carriage, and export of such birds and
parts thereof and their nests and eggs, and in accordance with such
determinations has adopted and submitted to me for approval regu-
lations, which the Secretary of Agriculture has determined to be
suitable regulations, permitting and governing hunting, taking, cap-
ture, killing, possession, sale, purchase, shipment, transportation,
carriage, and export of said birds and parts thereof and their nests
and eggs, which said regulations are as follows:

REGULATIONS, MIGRATORY BIRD TREATY ACT.
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) Ainatidae, 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 shorebirds, including avocets, curlews, dowitchers, god \vits,
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, grosbeaks, hummingbirds, kinglets, martins, meadowla'rks,
nighthawks or bull-bats, nuthatches, orioles, robins, shrikes, swallows, swifts,
tailagers, titmice, thrushes, vireos, warblers, waxwings, whip-poor-wills, wood-
peckers, and wrens, and all other perching birds which feed entirely or chiefly
on insects.
3. Other migratory nongame birds: Auks, auklets, bitterns, fulmars, gainets,
grebes, guillemots, gulls, herons, jaegers, loons, murres, petrels, puffins, slhair-
waters, and terns.
REGULATION 2.-DEFINITIONS OF TERMS.

For the purposes of these regulations the following terms shall be construed,
respectively, to mean-
Secretary.-The Secretary of Agriculture of the United States.
Person.-The plural or the singular, as the case demands, including indi-
viduals, associations, partnerships, and corporations, unless the context other-
wise requires.







/
8 BUREAU OF BIOLOGICAL SURVEY. [S. R. A.

Take.-The pursuit, hunting, capture, or killing of migratory birds in the
manner and by the means specifically permitted.
Ocitt season.-The time during which migratory birds may be taken.
7'ra n- )sport.-Shipping, tran sporting, carrying, exporting, receiving or deliver-
ing for shipment, transportation, carriage, or export.

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

The inigratory 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; thly 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.

For the purpose of this regulation, each period of time herein prescribed as
an open season shall be construted to include the first and last days thereof.
Waterfowl (except wood duck, eider ducks, and sw-ans), rails, coot, gallinules,
black-bellied and golden plovers, greater and lesser yellowlegs, woodcock, Wil-
son snipe or jacksnipe, and mourning and white-winged doves may be taken
each day from haK an hour before sunrise to sunset during the open seasons
prescribed therefore in this regulation, by the means and in the numbers per-
mitted by Regulations 3 and 5 hereof, respectively, and when so taken, each
species nmiy be possessed any day during the respective open seasons herein
pr.,:)ribed therefore and for an additional period of 10 days next succeeding
s:iiil open season.
lWaterfoiwl (except wood duck, cider dueks, and swiris), coot, gallinules, and
Wilson N.ntipc or jacksnipc.-The open seasons for waterfowl (except wood
duck, eider ducks, and swans), coot, gallinules, and Wilson snipe or jacksnipe
sli;ill 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-
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 Rhode Island, Connecticut, Utah, and that portion of Oregon and Wash-
ington lying west of the summit of the Cascade Mountains the open season
shall be from October 1 to January 15;
In that portion of New York known as Long Island, and in New Jersey, Dela-
ware, Oklahomna, Texas, New Mexico, Arizona, and California the open season
shiall be from October 16 to January 31;
In Maryland, the District of Columbia, Virginia, North Carolina, South
Carolina, Georgia, Florida, Alabama, Mississippi, Tennessee, Arkansas, and
Louisiana the open 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.





,^

B. S. 23.] SERVICE AND REGULATORY ANNOUNCEMENTS. 9

Black-bellied and golden plocers and greater and lesser yelloiclegs.-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, Ar-
kansas, Oklahoma, New Mexico, Arizona, California, and Alisk:i the open
season shall be from September 1 to Decemiber 15;
In Vermont, Pennsylvania, Ohio, West Virginia, Kentucky, Indian, Mi.li-hig:iin,
Wisconsin, Illinois, M'i-suri, Iowa, Minnesota, North Dakota, Siutili Dakota,
Nebraska, Kansas, Colorado, Wyonhig, Monitana, Idtilio, Nevada, and that p ,r-
tion of (Oregon and Washington lying east of the summit of the Ca.sc.I'le
Mountains the open season shall be from September 16 to Derilmber 31;
In Utah and in that portion of Oregon and Washington lyiii, west of the
summit of the Cascade Mountains the open s-ason sliall be from Octob,.r 1
to January 15; and
In Georgia. Florida, Alabama, Mississippi, Louisiana, and Texas the opt-n
season shall be from November 1 to January 31.
WI'oodcock.-The open seasons for woodcock .hiall be i-; follows:
In Maine, New Hamplshire, Vermont, Mass.ichusetts, Rhode IP.snd, Connecti-
cut, New York, New Jer-ey, Pennsylvania, Ohio, West Virginia, Kentucky,
Indiana, Michigan, Wisconsin, Illinois, Mi-: .uri, Iowvzt. Mi'nm'.,ta, North Da-
kota, South Dakota, Nebraska, and Kansa;is the open sea.-on shall be from
October 1 to November 30; and
In Delaware, hMaryland, the District of Columbia, Vir'--itiai. Nortlh Catroli;i,
South Carolina, Georgia, Florida, Alaba ma. .\l iksi--plpi, Tenne-;ee-. Ark,.:ii ,
Louisiana, Texas, and Oklahoma the open sratcon shill be from November 1 to
December 31.
Doves.-The open seasons for mourning and white-\wiied dove-,. s1ill be as
follows:
In Delaware, Maryland, Virginia, Tenne.see, Kentucky, Illinois, .Mi--,uri,
Oklahoma, Texas, New Mexico, Colorado, Arizona, California, Nevada., Idaho,
and Oregon the open season shall be from September 1 to D,--,,,nber 15; ;'ii]
In North Carolina, South Carolina, Georgia, Florida, A.l:ibniaa. M i-i-iliii,
and Louisiana the open season shall be from September 16 to D -'ceiii.,r 31.

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

A person may take in any one dlay during the open seasons prescribed th-rie-
for in Regulation 4 not to exceed the following numbers of migvritory '-iie
birds:
Dit,-k9 (except wood duck and eider ducks).-Twenty-five in the r'',ate
of all kinds.
Geese.-Eight in the aggregate of all kinds.
Bran t.-Eight.
Rails, coot, and gallinules.-Twenty-five in the aggregate of all kinds.
Black-bellied and goldhn plovers and greater and lesser ycllowlegs.-Fifteen
in the aggregate of all kinds.
Wilson snipe, or jacksnipe.-Twenty-five.
Woodcock.-Six.
Does (mourning and white-winycd).-Twenty-five in the aggregate of both
kinds.








10


BUREAU OF BIOLOGICAL SURVEY.


tS. R. A.


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

Waterfowl (except wood duck, eider ducks, and swans), rails, coot, gal-
linules, black-bellied and golden plovers, greater and lesser yellowlegs, wood-
cock, Wilson snipe or jacksnipe, and mourning and white-winged doves and
p;irts 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 Canrada during the open season in the Province where taken, in any man-
ner, but not more by one person in one calendar week thMan the number that
iiy be taken under these regulations in two days by one person; any such
migratory gane birds or parts thereof in transit during the open season may
continue in transit such additional time immediately succeeding such open
season, not to exceed five days, necessary to deliver the same to their destina-
tion;: and any package in which migratohry ganie birds or parts thereof are
transI)orted shall have the name and address of the shipper and of the con-
signee and an actiirate statement of the numbers and kinds of birds contained
therein clearly and conspicuously marked on the outside thereoif; 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 Dominiion of
Canada at a time when such State, Territory, or District, or Province of the
Dominion of Canada prohibits the possession or transportation thereof.

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, 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 Secretary. Waterfowl and their eggs so taken may be possessed by the
permitted and m;iy 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,
s.ell, and transport migratory waterfowl and their increase and eggs in any
manner and at any time for propnaga ting purposes; and migratory waterfowl,
except the birds taken under paragraph 1 of this regulation, so possessed may
be killed by him in any miner except by shooting, and the unplucked car-
casses and the plucked carc.;isscsN with lhea(lds a;ittit-fied thereto of the birds so
killed lni:iy be ,ild and transported by him in any manner and at any time to
any person for achi.al 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.








B.S.23.] SERVICE AND REGULATORY ANNOUNCEMENTS. 11

3. Any package in which such waterfowl or part, thereof or their eggs are
transported 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 inforniation: 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 appli-
cant; number of each species of waterfowl in possession of applicant; namies
of species and number of birds or eggs of each species if permission is n:ked
to take waterfowl or their eggs; and the particular locality where it is (he.ire,1
to take such waterfowl or eggs.
.5. A periin granted a permit under this re_.i1Htion 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 transported, iiaineir in which
iuchi waterfowl and eggs were transported, na;ine and addre-ss of each person
from or to whom waterfowl and eggs were purcliaseil or sold, together with
.number and species and whether sold alive or dead; and the date of e;1ch
transaction. A written report correctly setting forth this information shall Ue
furnished the Secretary d(luring the month of January next following the
issuance of the permit.
6. A perniittee 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 sh;ill be valid only during the cal-
endar year of issue, shall not be transferable, and may be revoked by the
Secretary, if the permittee violates any of the provisions of the Migratory
Bird Treaty Act or of the regulations thereunder.
8. A person engaged in the propagation of migratory waterfowl on the d(late
on which these regulations become effective will be allowed until Septe bl er
30, 1918, to apply for the permit required by this regulation, but he shall
not take any migratory waterfowl without a permit.

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 col-
lecting specimens thereunder and shall be exhibited to ahy person requesting
to see the same.
Application for a permit must be addressed to the Secretary of Agriculture,
Washington, 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 in-
tended. 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.







12 BUREAU OF BIOLOGICAL SURVEY. [S. R. A.-B. S. 23.1

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.
Permits shall 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 trans-
ported 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 state-
ment that it contains specimens of birds, their nests, or eggs for scientific
purp,,ses, and, whenever such a package is transported or offered for trans-
portation 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.

REGULATION 10.-PERMITS TO KILL MIGRATORY BIRDS INJURIOUS TO PROPERTY.
When information is furnished the Secretary that any species of migra-
tory 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 dnmag'_e should be killed, and. if so, during what
times and by what mleanis. Upon his determination an appropriate order will
be made.
NOW, TIIERIEFORE, I, WOODRIOW WILSON) PRESIDENT OF TIHE UNITED
STATI'- OF AMERICA, DO HEREIY APPROVE AND PROCLAIM the foregoing
regulations.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
seal of the United States of America to be affixed.
DONE: in the District of Columbia. this thirty-first day of July,
in the year of our Lord One Thousand Nine Hundred
[SEAL.] and Eighteen and of the Independence of the United
States of America the One Hundred and Forty-third.
WOODROW WILSON.
By the Prcident:
FRANK L. POLK,
Acting Secretary of State.

UNIVERSITY OF FLORIDA


3 1262 09218 4836


WASFINCTON : GOVERNMENT PRINTING OFFICE : 1918




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