Text of laws of the United States and Canada relating to game and birds

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Text of laws of the United States and Canada relating to game and birds
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Issued August 22, 1925.


United States Department of Agriculture



SERVICE AND REGULATORY ANNOUNCEMENTS

BUREAU OF BIOLOGICAL SURVEY



TEXT OF LAWS OF THE UNITED STATES AND CANADA
RELATING TO GAME AND BIRDS

The full text of the laws and regulations which follow was pub-
lished prior to 1924 in the annual bulletin of the United States
Department of Agriculture on the game laws. Summarized infor-
mation concerning open seasons on game, licenses, bag limits, pos-
session, sale, interstate transportation, and provisions relating to
imported game and game raised in captivity is published in
Farmers' Bulletin No. 1466, "Game Laws for the Season 1925-26:
A Summary of the Provisions of Federal, State, and Provincial
Statutes."


CONVENTION BETWEEN THE UNITED STATES AND GREAT
BRITAIN!LXFROPR SECTION OF MIGRATORY BIRDS IN THE
r--U II AND C NADA1
~ [39 Stat. 1702]

IBY TH rHEIsl NT F THE UNITED STATES OF AMERICA
I PROCLAMATION
S S-S. DEPOSITORY
L ---h'ereas 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 16th day of August, 1916, 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 Domin-
ion of Canada; and
I Signed at Washington Aug. 16, 1916; ratification ad(ivi-ied by the Sn latc .\1g. 29.. rati-
fied by the President Sept. 1. and by Great Britain Ocr. 20: ratificntion.- roxeli:tngod IPC.
7; proclaimed Dec. 8, 1916. Constitutionality of the treat.v and act of .Ily.v 3. 1918. sus-
tained by the United States Supreme Court in a deci-sion rendered Apr. 19. l!P211. in the
case of the State of Missouri r. Ray P. Holland (252 U. S. 416) ; see aho '. S. i. Lump-
kin (276 Fed. 580).
Canada, by an act of Parliament approved Aug. 29. 1917. gave full effect to this con-
vention and promulgated regulations thereunder May 11. 1918. The validity of the act of
the Dominion Parliament was upheld by the Supreme Court of Prince Edward Isl:ind in a
decision (Michaelmas term, 1920) rendered in the case of The King E, Uus-ell C. (C'lark,
55532-25- 1


S. R. A.-B. S. 63.






BUREAU OF BIOLOGICAL SURVEY


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
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 preserva-
tion of such migratory birds as are either useful to man or harmless,
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 pleni-
potentiaries:
The President of the United States of America, Robert Lansing,
Secretary of State of the United States; and
His Britannic Majesty, the Right Hon. Sir Cecil Arthur Spring
Rice, G. C. V. 0., K. C. M. G., etc., His Majesty's ambassador extraor-
dinary 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
te,'nis of this convention shall be ;is follows:
1. Mi_,ratory game birds
(a) Anatidae or waterfowl, including brant, wild ducks, geese, and swans.
(b) Gruidne or cranes, including little brown, sandhill, and whooping cranes.
(c) Rallid;ie or rails, including coots, gallinules and sora and (otiler rails.
(d) Limicolae or shorebirds, including avo'ets, curlew, dowitchers., godwits.
knots, oyster catchers, phalaropes, plovers, sandpipers, snipe, stilts, surf birds,
turnstones. willet, woodcock and yellowlegs.
(e) Columbidae or pigeons, including doves and wild pigeon s.
2. Migr;,tory insectivorous birds: Bobolinks. catbirds, chickadtlees, cuckoos,
flickers, flycatchers, grosbeakls, humming birds, k inglets, martins, ineadowlarks,
nighthawks or bull bats, nut-hatches, orioles, rol)ins, shrikes, swallows, swifts,
tanagers, titmice, thrush!es, vireos, warblers, wax-wings. whiippoorwills, wood-
peckers, and wrens. and all other perching birds which feed entirely or chiefly
on insects.
3. Other migratory nonlgiime birds: Auks, auklets, bitterns. fulmars, gannets,
grebes, guillemots, gulls, heron .ns,. jaeger, loons, murres, petrels, puffins, shear-
wal ers. and terns.
A H rICL.E II
Thle high contracting powers agree that, as an effective means of preserving
migratory birds there shall be established the following close seasons during
which no hunting sh ia;ll i done except for scientific or p)rolagating purposes
under permits issued by proper authorities.
1. The cli.-e sea,.son on migratory gaime birds shall be 1etvween March 10 and
Septltem1ber 1, exce'il 'tl iat the clise season on the Limicolae or shorebirds in the
Maritime ie P'rovi,,ces- of ('a",iada and in those States of the United States border-
ing on the Atlaitic Ori.;niii which aire situated wholly or in part north of Chesa-
.:,eke Bay shall b)e bet\\een Feblruary 1 and August 15, and that Indians may
take, at a ny time s. ,'tiers for food but not for sale. The season for hunting
:liall be further v..t 'icted to such period not exceeding thr'L' antid one-half monolths


[S. R. A.







LAWS RELATING TO GAME AND BIRDS


as the high contracting powers may severally deem appropriate and define by
law or regulation.
2. The close season on migratory insectivorous birds shall continue throughout
the year.
3. The (close season on other minigratory l (ing-nie birds sliill continliu through-
out the year, except that Eskimos and Indi;iiis may take at any season auks,
auklets, guillemots, mnurres, and putlins, anid their egus, for food and their skiins
for clothing, but the birds and eggs so taken shall not be sold or offered for sale.

ARTICLE III

The high contracting powers agree that during the period of 10 years next
following the going into effect of this convention there shall be a continuous close
season on the following migratory game birds, to wit:
Band-tailed pIigeons, little brown, sandhill, and whooping cranes, ,-.w:!.s, cur-
lew, and all sh1orebirds (except the black-breon-ted and -iolen plover, Wilson or
jack snipe, woodcock, and the greater and lesser yellowlegs) ; provided that
during such 10 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 +elewhere 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 se a on extending over a
period of at least 5 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 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.
ARTICI.E VI

The high contracting powers agree that the shipment or export of migratory
birds or their eggs from any State or Province, during. the continuance of the
close season in such State or Province, shall be prohibited except for scientific
or propagating purposes, and the international traffic in any birds or eggs
at such time captured, killed, taken, or shipped at any time contrary to the
laws of the State or Province in which the same were captured, killed, taken,
or shipped shall be likewise prohibited. Every package containing 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 rnay become seriously injurious to the agricultural or other interests
in any particular community, may be issued by the proper authorities of the
high contracting 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
respective appropriate law-making bhodies, the necessary measures for insuring
the execution of the present convention.


B. S. 631






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 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
termniinating its operation, the convention shall continue to remain in force
for 1 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.] ROBEI.T 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 7th day of December, 1916:
Now, therefore, be it known that I, WOODROW WILSON, President
of the United States of America, have caused the said convention
to be made public, to the end that the same and every article and
clause thereof may be observed and fulfilled with good faith by the
United States and the citizens thereof.
In testimony whereof, I have hereunto set my hand and caused the
seal of the United States to be affixed.
Done at the city of Washington this 8th day of December in the
year of our Lord 1916, and of the independence of the United States
of America the 141st.
[SEAL.] WOODROW WILSON.
By the President:
ROBERT LANSING,
Secretary of State.


MIGRATORY-BIRD TREATY ACT
[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 16, 1916, and
for other purposes.
Be it enacted by the Senate and Hous.e of Representa fires of the United
States of America in Congress assembled, That this act shall be known by the
short title of the Migratory Bird Treaty Act."
SEC. 2. That unless and except as permitted by regulations made as herein-
after provided, it shall be unlawful to hunt, take, capture, kill, attempt to
take, capture or kill, possess, offer for sale. sell, offer to purchase, purchase,
deliver for shipment, ship, cause to be shipped, deliver for transportation.
transport, cause to be transported, carry or cause to be carried by any means
whatever, receive for shipment.. transportation or carrige, or export, at any
time or in any manner, nny .migratory bird, included in the terms of the con-
venition bet\veen the United States and Great Britain for the protection of
migratory birds concluded August 16, 1916, or any part, nest, or egg of any
such bird.
SiQc. 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


[S. R. A.






LAWS RELATING TO GAME AND BIRDS


time to time. having due regard to the zones of temperature and to thle distri-
bution, abundance. economic value, breeding lfalbit.-, 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. kiUing, possession, sale, purchase, shipment, trans-
portation, carriage, or export of any such bird, or any part, nest, or egg thereof,
and to adopt suitable regulations permitting and governing the same. in ac-
cordance with such determinations, which regulations shall become effec-tive
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 amiither 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 ;it 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, tranis-
ported, or carried. It shall be unlawful to import any bird, or any part, nest,
or egg thereof, captured, killed, taken, shipped, transported, or carried con-
trary to the laws of any Province of the Dominion of Canada in which the
same was captured, killed, or taken, or from which it was shipped, transported,
or carried.
SEc. 5. That any employee of the Department of Agriculture 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 vi\w and 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 com-
lpetent 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 miy, within their respective jurisdictions, upon proper
oath er 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 con-
trary 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 sh:ill
violate or fail to comply with any regulation made pursuant to this act, shall
be doomed guilty of misdemeanor and upon conviction thereof shall be fined
not more than $5(00 or be imprisoned not more than six months, or both.
Src. 7. That nothing in this act shall be construed to prevent the several
States and Territories from making or enforcing laws or regulations not in-
consistent with the provisions of said convention or of this ;ct, or from
making or enforcing laws or regulations which shall give further protection to
mii,:utory birds, their nests, and eggs. if such laws or regulations do not ex-
tend the open seasons for such birds beyond the dates approved by the President
in accordance with section three of this act.
SEC. 8. That until the adoption and approval, pursuant to section 3 of this
act. of regulations dealing with migratory birds and their nests and eggs, such
migratory birds and their nests and eggs as are intended and used exclusively
for scientific or propign.ting purposes may be taken, captured, killed, possessed,
sold, purchased. shipped, and transported for such scientific or propag;iting
purposes if and to the extent not in conflict with the laws of the State, Terri-
tory, 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 1917 and 1918, for enforcing
the provisions of the act approved March 4, 1913. relating to the protection of
migratory game and insectivorous birds, are hereby reappropriated and made


B. S. 631






BUREAU OF BIOLOGICAL SURVEY


available until expended for the expenses of carrying into effect the provisions
of this act and reguiitionis made pursuant thereto, including the payment of
such rent, and the employment of such persons and means, as the Secretary of
Agriculture mny 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 ,drift for service in the Army or Navy shall he 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 judnmi iit 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
migratory ga.ime birds on farms and preserves and the sale of birds so bred un-
der proper regulation for the purpose of increasim,.- the food supply.
SEC. 19. That this act shall become effective immediately upon its passage
and approval.


MIGRATORY-BIRD TREATY-ACT REGULATIONS
[As approved and prouilgated by the President, July 31, 1918, and amended October
5-., 1918, July 2_S, 1.!l., July 9, 1920, March 3, 1921, May 17, 1921, March 8, 1922,
April 10, l.i2:-., June 11, 192', April 11, 1924, July 2, 1924. and June 22, 1925]

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 ygiml(, birds:
(a) Anatidoe, or waterfowl, including brant, wild ducks, geese, and swans.
(b) Gruide, or cranes, including little brown, sandhill, and whooping cranes.
(c) Rallide, or rails, including coots, gallinules, and sora and other rails.
(d) Limicol'e. or shorebirds, including avocets, curlews, dowitchers. godwits,
knots, oyster ea telhers, phalaropes. plovers, sandpipers, snipe, stilts, surf birds,
turnstones. willet, woodcock, and yellowlegs.
(e) ColumbidT., or pigeons, including doves and wild pigeons.
2. Migratory insect firorni. birds: Cuckoos; flickers and other woodpeckers;
igihthawks or bull-bats and whip-poor-wills; swifts; hummingbirds; flycatch-
ers; bobolinks, meadowlarks, and orioles; grosbeaks; managers; martins and
other swallows; waxwings ; shrikes; vireos; warblers; pipits; catbirds and
brown thrashers; wrens; brown creepers; nuthatches; chickadees and titmice;
kinglets and gnat catchers; robins and other thrushes; and all other perching
birds which feed entirely or chiefly on ins.ects.
3. Other migratory nongame birds: Auks, auklots. bitterns, fulmars, gannets.
greho. guillemots, gulls, herons, jaegers, loons, murres, petrels, puffins, shear-
walers, and terns.
[As amended July 9, 1920.]
REGULATION 2.-DEFINITIONS OF TERMS

For the purposes of these regulations the following terms shall be construed,
rei ie,1elively, to mean-
St'-rc'try.-The Secretary of Agriculture of the United States.
Prx,,n.-Thel plural or the singulair, as the case demands, including indi-
viduals, :Is, uivit1n1s, pl rtnersl1iips, and corporations, unless the context other-
wi.,, requires.
T'(le.-TThe pursuit, hunting, capture, or killing of migratory birds in the
nii;en 1Oi,, .s'a.,oi.-The lime during which mi i';itoy birds may he taken.
T7i'n.po'I.-Shipping, traiisl)(irting, carrying, ex p, rating recei vitg or deliver-
lig for slliijnmt, transportation, carriage, or export.


[S. R. A.






LAWS RELATING TO GAME AND BIRDS


REGULATION 3.-MEANS BY WHICH MIGRATORY GAME BIRDS MAY BE TAKEN
The migratory game birds specified in regulation 4 hereof may be takeui
during the open season with a gun only, not larger thaa. No. 10 gauge, fired
from the shoulder, except as specifically permitted by regulations 7, 8, 9, and 10
hereof; they may be taken during the opeii season from the land and water,
with the aid of a dog, the use of decoys, and 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).
[As amended July 28, 1919, March 3, 1921, and May 17, 1921.]
REGULATION 4.-OPEN SEASONS ON AND POSSESSION OF CERTAIN MIGRATORY
GAME BIRDS
For the purpose of this regulation, each period of time herein p)resc(.rilbed as
an open season shall be construed to include the first and last days thereof.
Waterfowl (except wood duck, eider ducks, and swans), rails, coot, gal-
linules. black-bellied and golden plovers, greater and lesser yellowlegs, wood-
cock, Wils.on snipe or jachsiiipe, and mourning doves may be taken each ,1;ty
from half an hour before sunrise to sunset during the open seasons prescrilbd
therefore in this regulation, by the means and in the numbers permitted by re.:au-
lations 3 and 5 hereof, respectively, and when so taken may be poss.es.sed allny
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 1posses-
sion thereof.
Wa.tcrfowl. (e,.rpt iruood dulck, cider duck':s, mi1 .sira.s'), coiot, gyilliuwlc.?,
and IVilson S*0ipe or jack.1ni;p'.-The open seasol.-s for waterfowl (except wood
duck, eider ducks, and .s\v:ins), coot, gallinules, and Wilson snipe or jit.k..ipe
shall be as follows:
In Maine, New Hampshire, Vermont, Mas-achu-ctts, Ohio, West Virginia,
Kentucky, Indiana, Michigan, Wisconsin, Illimnois. Minnesota, Iowa, Missouri,
North Dakota, South Dakota, Nebraska, Kansas, Colorado, Wyomi,,g. Montana,
Nevada, and that portion of Washington lying cast of the summit of the Cas-
cade Mountains the open season shall be from September 16 to December 31;
In New York (except Long Island) the open season shall be from September
24 to January 7;
In Rhode Island, Connecticut, Pennsylvania, Oklahoma, New Mexico, Utah,
California, Idaho, Oregon, and that portion of Watdhington lying west of the
summit of the Cascade Mountains the open seasoni shall be from October 1 to
JaInuary 15;
In that portion of New York known as Long Island, and in New Jersey, Dela-
ware, Arizona, and tl,.it portion of Texas lying west and north of the main
tracks of the Internatiomal & Great Northern Railroad extending from Laredo
to San-Antonio, Austin, and Longview, and the Texas & Pacifi. Railro-id
extending from Longview to Marshall and Texarkana the open season shall be
from October 16 to January 31;
In Maryland, the District of Columbia, Virginia, North Carolina, South
Carolina, Georgia, Florida, Alaliama, Mississippi, Teminessee, Arkansas, Louisi-
ana, and that portion of Texas lying east and south of the main tracks of the
International & Great Northern Railroad extending from Laredo to S.in An-
tonio, Austin, and Lon-view, and the Texas & Pacific Railroad extendiuig from
Longview to Marshall and Texarkana the open seaso-n shall be from November
1 to January 31; awd
In Alaska the open season shall be from September 1 to December 15.
Rails (except coot and galliniles).-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 Janu:ry 31.
Black-bellied antd golden plovcr.x and greater and I'cser yellowchg.x.-The Opeth
seasons for black-bellied and golden p)lovers atid greater and lesser yello\vlegs
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 Novembler 30;
In the District of Columbia, North Carohli M. South Carolina, Tennessee, Ar-
kansas, Oklahoma, Texas, New Mexico, Arizonii, California, and Alaska the
open season shall be from September 1 to December 15;


B. S. 631






BUIEAUt OF BIOLOGICAL SURVEY


In Vermont. Pennsylvania. Ohio, West Virginia, Kentucky, Indiana, Michigan.
Wisconsin, Illinois, Missouri, Iowa, Minnesota, North Dakota. South Dakota,
Nebraska, Kansas, Colorado, Wyoming, Montana, Nevada, and that portion of
Washington lying east of the summit of the Cascade Mountains the open
season shall be from September 16 to December 31;
In Utah, Oregon, Idaho, and in that portion of 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. Now Hampshire, Vermont, Massachusetts, Rhode Island, Con-
necticut, Now 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, Georzia. Florida, Alabama. Mississippi. Tennessee, Arkansas,
Loifikiani. Texas, and Oklahoma the open season shall be from November 1 to
December 31.
Doves.-The open seasons for mourning doves shall be as follows:
In Delaware. MA ryland, Virginia, North Carolina, South Carolina, Tennessee,
Kentu'ky. Ohio, Indiana. Illinois, Minnesota, Nebraska. Kansas. Missouri,
Ark;ins.as. Oklahomat, tlHint portion of Texas lying west and north of the main
tracks of the Internationil & Great Northern Railroad extending from Laredo
to San Antonio, Austin, and Longview, and the Texas & Pacific Railroad
extending from Longview to Marshall and Texarkana, New Mexico, Colorado.
Utah, Arizona. California, Nevada, Idaho, and Oregon the open season shall
be from Seo)fenibher 1 to December 15:
In Georgia, Florida. Alabama, and Mississippi the open season shall be from
October 16 to January 31;
In that portion of Texas lying east and south of the main tracks of the
International & Great Northern Railroad extending from Laredo to San
Antonio, Austin, and Longview, and the Texas & Pacific Railroad extending
from LTon-view to Marshall and Texarkana the open season shall be fronim-
November 1 to December 31; and
In Louisiana the open season shall be from November 1 to January 31.
[As amended October 25, 1918. July 28, 1919. JTuly 9. 1920. May 17. 1921. March 8,
1922, June 11, 1923. April 11, 1924, July 2, 1924. and June 22, 1925.]

REGULATION 5.-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.
which numbers shall include all birds taken by any other person who for hire
acconmpnies or assists him in taking migratory birds:
Ducks (r.rrcpt iood durk and cider duclks).-Twenty-five in the aggregate
of all kinds.
Grcsr.-Eighlt in the aggregate of all kinds.
Branf.-Eight.
Rails, coot, and jalliiiles (xc.rrept s ora).-Twenty-five in the aggregate of
all kinds.
Sora.-- Fifty.
Bl-l.-bclli'd and golden phorers and greatlcr and lesser yclJHwcfrs.-Flfteen
in the agzregnte of all kinds.
Wilson snipc or jack.n ipc.-Twenty-five.
WVoodmck.-Six.
Dorc. (mourn ing).-Twenty-fi e.
[As amended October 2>. 1918, July 28, 1919, nid March 3, 1921.]

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

Walerfiwl (except wood duck, eider ducks, and swains), rails, coot, gallinules,
bla<-k-liIlliedl and golden plovers, greater and lesser yellowlegs, woodcock, Wilson
snipe or j:i k1,iiil,,, -and mounruing doves "in]d parts thereof legally taken may be
transported in or out of the State where taken during the respective open


s. R. A.






LAWS RELATING TO GAME ANDI) BIRDS


seasons in that State. and may be imported fr.,n ('Cuainada duri, the openl
season in the Province where taken, in any manner, but not mi'ore than ih<1
number thereof that may lie taken h1 tw,,o1 ,ys by uile per--,n under Iltese
regulations shall be transported by onlie 1t'r.-,,' iln ,*; c.alethindar Wee-k (out of
the State where taken; any such ni.i-ratory ggame bird- or parts thereioif in
transit during the ol)en sensoij mIay continue in trtainsit suclih additional time
immediately Sllcceedlng such oqe10 :e;-''!,l. not to exceed 5 da!ys, necessary to
deliver the same to their lde.stination, and may be plisse.s-'d in any State.
Territory, or District during the period coinstituting the opeln seas n wh're
killed, and fior an additional period of 10 dys next suc'.ee.lini said oqien
season; and aniy package in which migratory gaine birds or parts thereof are
transported shall have the name and address of the shipper and of the cl.n-
signee and an accurate sta-tement of the numbers and kinds of birds con-
tained 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 ('anada 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 DLstrict,
or from any State, Territory, or District into any Province of thle Dominion
of Canada at a time when such State, Territory, or District, or Province of the
Dominion of Canada prohibits the pos,,ussion or trlnilisportation 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 usic. of themselves and
their immediate families, in any miaiiner and at any time. and po.-.es and
transport auks, auklets, guillemuots, 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 water-
fowl and their eggs for propagating purposes when authorized by a permit
issued by the Secretary. Waterfowl and tlieir eggs so taken may be p6s.sessed
by the permitted and may be sold and transported by him for prilpagating
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 pi :.ses.,
buy, sell, and transport migratory waterfowl and their increase and eggs in any
manner and at any time for propagating purpl.-es.; and migratory waterfowll,
except the birds taken under pal'agralih 1 of this regulation, so pt,-,se.il may
be killed by him at any time, in any manlier, except that they may be killed by
shooting only during the open season for waterfiowl in the State where killed,
and the carcasses, with leads and feet attached thereto, of the birds so killed
may be sold and transported by him in any annwer and at any time to any
person for actual consumption, or to the keeper of a lihotel, restaurant, or boa rd-
ing house, retail dealer in meat or game, or a club, for sale or service to their
patrons, who may Ipisses.s such carcasses for actual consumption without a
permit, but no migratory waterfowl killed by shooting shall be bIouglit or sold
unless each bird before attaining the age of four weeks slall have lhad removed
from the web of one fo(t a portion thereof in the form of a V large enough
to make a permanent, well-defined mark, which slh;all be sufficient to identify it
as a bird raised in domestication under a permit.
3. Any package in which such \vaterfi\\vl or |parts thereo(,f or tier cggs
are transported shliall have plainly and conspicuously marked on the outside
thereof the name and address of the perlnittee, thle nunilier 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 inforniatimn: N;inme aind
address of applicant ; place where tlhe busiune.s is to he carried on; niumler of
acres of land used in the business and whether owiied or h.-' ',l by the :app11-
55532-25---2


B. S. 63]






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

cant; number of each species of waterfowl 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 boks 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 1st day of each January next following; also for each calendar
year during the life of the permit the total number of each species reared and
killed, number of eacli species and their eggs sold and transported, 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 transaction. A report setting forth this information shall be annually
furnished the Secretary during the month of January for the preceding calendar
year.
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. A permit issued under this regulation shall be valid until revoked by the
Secretary unless otherwise specified therein, 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. A permit
duly revoked by the Secretary shall be surrendered to him by the person to
whom it was issued, on demand of any employee of the United States De-
partment of Agriculture duly authorized to enforce the provisions of the
migratory bird treaty act.
8. A person may possess and transport for his own use, without a permit,
live migratory waterfowl now lawfully possessed or hereafter lawfully ac-
quired by him, but he may not purchase or sell such waterfowl without a
permit. A State or municipal g-ime farm or city park may possess, purchase.
sell, and transport live migratory waterfowl without a permit, but no such
waterfowl shall be purchased from or sold to a person (other than such State
or municipal game farm or city park) unless he lhas a permit. The feathers
of wild ducks and wild geese lawfully killed and feathers of such birds seized
and condemned by Federal or State game authorities may be possessed,
bought, sold, and transported, for use in making fishing flies, bed pillows,
and mattresses, and for similar commercial purposes, but not for millinery or
ornamental purposes.
[As amended October 25, 1918, July 9, 1920, April 10, 1923, and June 11, 1923.]
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 thereunder and shall be exhibited to any persou re-
questing 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, his age. nud namime of State, Territory, or District in
which spe.ime.ns 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 applic6int is a fit person to be intrusted
with a permit.
Thle permit may limit the number and species of birds, birds' nests or eggs
that may be collected thereunder, and may, authorize the holder thereof to
possess, buy, sell, exchliinge, and transport in any manner and at any time
migratory birds, parts thereof, and their nests and eggs for scientific purposes;
or it may limit lhe holder to one or more of these privileges. Public museums,
zoological parks and societies, and public scientific and educational institu-
tions may possess, buy, sell, excliange. and transport in any manner and at
any time mnigratory birds and parts thereof and their nests and eggs for
scientific purposes withoutt a permit, but no specimens shall be taken without
a permit. The plu,-;ige :ind skins of migratory g-mnne birds legally taken may
be p sessed an(d transjported by a iirsrin williit a liernmit.







B.S. 63] LAWS RELATING TO GAME AND BIRDS 11

A taxidermist. When authorized by a permit issued by the Secretary, may
Possess. buy, sell, exchange, and transport in any maimnner and at any time
migratory birds and parts thereof legally taken, or he may be limited to one
or more of these privileges.
Each permit shall be valid until revoked by the Secretary unless otherwise
specified( therein, shall not be transferable, and slhall be revocable at the
discretion of the Secretary. A permit duly revoked by the Secretary shall
be surrentderedl to him by the person to whom it was issued, on demand of any
employee of the United States Departmnient of Agriculture duly authorized
to enforce the provisions of the migratory bird treaty act. A person holding
a permit shall report annually to the Secretary on or before tlhe 10th day of
January during the life of the permit thle number of skins, nests, or eggs of
each species collected, bought, sold, exchanged, or transported during the
preceding calendar year.
Every package in which migratory birds or their nests or egs 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
purposes, 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.
[As amc-ndod October 25, 1918, March 3, 1921, and June 11, 1923.]
REGULATION 10.-PERMITS TO KILL MIGRATORY BIRDS INJURIOUS TO
PROPERTY

When information is furnished the Secretary that any species of migratory
bird lhas become, under extraordinary conditions, seriously injurious to agricul-
ture 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 determination an appropriate order will be
made.
REGULATION 11.-STATE LAWS FOR THE PROTECTION OF MIGRATORY BIRDS

Nothing in these regulations shall be construed to permit tlhe taking, posses-
sion, sale, purchase, or transportation of migratory birds, their nests, and eggs
contrary to the laws and regulations of any State, or Territory, or District made
for tlhe purpose of giving further protection to migratory birds, their nests, and
eggs wietn 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 seasons for such birds beyond the dates prescribed by these
regulations.
[Added by proclamation of October 25, 1918, as amended July 9, 1920.]


ORDER
PERMITTING THE KILLING OF BOBOLINKS, COMMONLY KNOWN AS REEDBIRDS
OR RICE BIRDS. WHICH HAVE BECOME SERIOUSLY INJURIOUS TO AGRICUL-
TURAL INTERESTS
[Issued May 7, 1925]

Information having been furnished the Secretary of Agriculture that bobo-
links, commonly known as reedhirds or rice .birds, have become seriously in-
jurious to the rice crops of North Carolina, South Carolina. Georgia, and
Florida, and an investigation having been duly and regularly made pursuant
to law, and it having been determined by tlhe Secretary of Agriculture that
said birds have become, under extraordinary conditions. seriously injurious
to the rice crops in said States and that the injuries so inflicted by then canll
not adequately be controlled in the communities iinmediately affected, and
that they should therefore be killed in the manner, during the seasons, and
in the States and District hereinafter provided,






12 B-R1-EAU" OF BIOLOGICAL SURVEY [S.R.A.

Now, tlicrefre. I, II. W. Diiiilap, Acting Secretary of Agriculture, pursuant
to authority in illn. ..-. ,l by li'1 migratory-b ird treaty act of July 3, 1918, and
inll conformity with rl Ition 10 lof Ili migratory-bird treaty act regulations
a:iplroved aIn1d pi-, chlilied J.lyl :11. 1918, do order that until further notice
1 ersoIls 1;:ly kill )y sho-o'liig, bololinks, cmimnonly known as reedhirds or rice
birds, frontil 1 l :;'ii Ilour 11,'Iior., 1111 rise to sunset, from September 1 to October
2,1. intclU.-ive. in the Sht-ltos of Pc.iiiiylaia, Dcla ware, and Maryland, and the
District of (Columbia, ;iinl1 fri'mn August 16 to November 1.5, inclusive, in the
Staltes of Vi ..ni. North 'a;roliii; ,utith Carolina, Georgia. and Florida, but
the bird.is ,.. .:i',i. sl aill not be sold, offered for sale, or shipped for purposes
of sale, or Ii, w\:,ntonly w\i.- td or destroyed, but they may lie uIsed for food
purpos,-es by the lIer-II.,- killing them, and thL.y may be transported to hospitals
;nld charitable instituli,0-iis for u.-e as food.
The ordiLr of Janumiry 17, 1919, permitting the killing of bobolinks is hereby
r'\ev ,ked.
I1. W. DUL-.\P, Acting Secrctary of Agriculture.



LACEY ACT, REGULATING INTERSTATE COMMERCE IN GAME

Federal laws affecting the shipment of game comprise statutes
regulating interstate commerce in game and the importation of birds
and inmamnimals from foreign countries, as follows:
C RI MI NAL CODE-ACT OF MARCH 4, 1909
[I".-, Stat. 11:;71
S:c. 241. The imi;or(1'ition into the United States, or any Territory or District
tl(ieI'lof, of the mnoigo;-t. the soi-v;lled trying foxes." or fruit bats. the Etglish
s.,'"w, the sirng, d such other birds and animals as the Secretary of
Agriculture may from time to time declare to be injurious to the interests of
agriculture or horticulture, is hereby prohibited; and all such birds and ani-
mals shall, uI)on arrival at any port of the United States, be destroyed or
returned at the expense of the owner. No person shall import into the United
States or into any Territory or District thereof any foreign wild animal or bird,
excel)t under s,.i;l permit from the Secretary of Agriculture: Provided, That
nothing in this secrtio' shalll restrict the importation of natural-history speci-
mens for muie m ns or scieiitific collections, or of certain cage birds, such as
domesticated (ci;iiries, parP'.. or such. other birds as the Secretary of Agri-
cult vir, t.;iy designate. The Secrotary of the Treasury is hereby authorized to
make re.-ulations for carrying into effect the provisions of this section.
S,. 242. It ,linll be unlawful for any person to deliver to any common
carrier for transport;iti(n, or for any common carrier to transport from any
St:io. Territory, o( r DI)istrict of the Uited States to any other State. Territory,
or D)i trict tlhtr,.f', any foreign animals or birds the importationm of which
is prohibited. or the (h'.id bodies, or parts thereof of any wild nnimnals or birds,2
w!.,.re such animals (Ir birds have ,tvi killed or shipped in violation of the laws
of ,he Stl;te, T,.' 1'tory, or District in which the same were killed, or from
which they w',re --liiried: Provid-.d. That iiothlig herein shall prevent the
IrPilSlpoil';'tioii of ally '':'d l)ills or :Itlliinials killed during the season wlhen the
sae ,:,o i':y lbe iv fi'lly captured, and the export of which is not prohibited by law
in ii.,' st ,te, T')Iritory, or District in which the same are captured or killed:
pro*idcd furtlh ir., Ti:t nothing 1 erein shall prevent the importation, trans-
portation. or .:ile of birds or bird plumag.e manufactured from the feathers
of bariyard fowls.
Si(. 243. All p.irki.a.'s coiit:iiiiiit the d(lead bodies, or the plumage, or parts
Hirt. ,f, of "'i,',e iluini.ils, or game or .ot1er wild birds, when slipped in inter-
statel or forigi coili,,'rc,. sl:ill 1be plainly and clearly marked. so that the
II1;1' ;,1 l a"ddh.-1 of tlhe shiilipp.r ;'td the nature of the contents may be readily
:;is. l.,iii<,1 nil ;1iH ii,-],,irio'i of the om tide of such package.
S c, 2-1 1. T',or *:i.li ev-,,i',in or vio1;itiio of any )provision of the three sections
list fpr,'' 4.liig. the shlippeor sli;ll Itw fined not mn)re than $200; the consignee
know,'li"ly ro,,i. iving t-ni articlh,.-s -liplped amid tr;i-nsported in violation of
2 S (* :'C. 4 ,1 tIli HiLgri oIi'ry-li il li(ily :;' I. p). 5, wlliClh s1i ,Is.ds t hi.4 p;irt of the
.:L,'," Act ilat -ive1 tto i< intvstal trati-i,,,tI,' tionl of wilul birds.







B. S. 63]


LAWS }RELATING TO GAME ,ANl BIR,-S


13


said qe(t ionss shall lbe fined not nitr' than .")0; ;indi the cn rrier kn,\\i-ingly
* carrying or tr;nlSportin'.. the Same l ill viil;liii, of s':id sections shall In filidil not
more tli;in $200.
SECTIONS 1 AND 5-ACT OF MAY 25, 19003
[:1 Stat. 187-1S-.]
That the (duties an]d I''o'rs enlarged so as to include the preseirvattioni. di,4triilutionj, introd(luctiton. and
restoration of g;lmne thirds anid other wild birds. The Secretary of Agiculttlrre is
hereby authorized to adojpt such mlea;isuires as niny lhe lneces-ary to carry out
the purpoises of tlhis act aiid to purcaluTse sucIdI gamn birds and other wild birds
as may be required therefor, subject, however, to thy laws of the v;i rious Statles
and Territoiries. Thie object antd purpose of this act is to aid in the restoration
of such birds in those parts of the United States adapted thereto where the
same have become scarce or extinct, and also to r'2uiilate the introduction of
American or foreign birds or animals in locality.:. where they have not hereto-
fore existed.
The Secretary of Agricuilture shall from time to time collect and pI)ublish
useful information asjo the lpropiiagation, uses, and presenration of surh birds.
And the Secretary of Agriculture shall make and publish, all needful rules and
regulations for carrying out tlhe lpurposes of this act, and shall expend for said
purposes such sums as Congress may apprtoipriate therefore.
SEC. 5. That all dead bodies, or parts tlhereif, of any foreign game ,animals,
or game or song birds, thie importation of which is prohibited, or the deaid
bodies, or parts thereof, of any wild game anim;tls, or gaimuo or song birds
transported into any State or Territory, or remaining therein for uie. consump-
tion, sale, or stornuxe therein, shall upon arrival in such State or Territory lie
subject to tile operations and effect of the laws of such State or Territory
enacted in the exercise of its police powers, to the same extent and in the same
manner as though such. animals or birds haind 1f bon produced in such State or
Territory, and shall not lie exempt therefroim by reason of being introduired
therein in original package's or otherwise. This act shall not prevent the im-
portation. tranlsportation, or sale of birds or bird p)luumage manufactured from
the feathers of barnyard fowl.


LAW PROTECTING WILD ANIMALS AND BIRDS AND THEIR EGGS
ON FEDERAL REFUGES

ACT OF MARCH 4, 1909, AS AMENDED APRIL 15, 1924
[43 Stat. 98]
SEc. 84. Whoever shall hunt, trap, capture, willfully disturb, or kill any bird
or wild animal of any kind whatever, or take or (lcdstroy the eggs of any sn,.l
bird on any lands of the United States which have been set apa;rt or ri-Zlrved
as refuges or breeding grounds for such birds or animals by any law. procla-
mation, or Executive order, except under such rules and regulations as the
Secretary of Agriculture may. from time toi time, prescribe, or who sl;ill will-
fully injure, molest, or destroy any property of the United States on any such
lands shall he fined not more than .i500, or imprisined not more than six
months, or both.


HUNTING ON NATIONAL FORESTS

Regulation T-7, effective October 1, 1919, of the Regulations of
the Forest Service Relative to National Forests, provides as follows:
The following acts are prohibited on lands of the United States within
national forests:
Tlhe going or being upon any such land(. or in ,,r on the waters tlhereof, with
intent to hunt, catch, trap. willfully di sturb, or kill any kind of game animal.

a Secs. 2, 3. and 4 superseded by -... 241-244 uf thie 'r;minal Code. act of Mar. 4, 19ij'i
(35 Stat. 1137).






14 BUREAU OF BIOLOGICAL SURVEY IS. R. A.

game or ijongame bird, or fish, or to take the eggs of any such bird, in violation
of the laws of the State in which such land or waters are situated.
Regulation G-30 authorizes all forest officers to enforce the above
regidation and A.o to cooperate with State or Territorial officials in
the enforcement of local laws for the protection of birds, fish, and
ga me.

PROVISIONS OF TARIFF ACT REGULATING IMPORTATION OF
PLUMAGE, GAME, ETC.
ACT OF SEPTEMBER 21, 1922
[12 Stat. 915]

PAR. 1419. Feathers and downs, on the skin or otherwise, crude or not dressed,
colored, or otherwise advanced or manufactured in any manner, not specially
provided for. 20 per centum ad valorem ; dressed, colored, or otherwise advanced
or iliiiufnall'd ii any manner, including quilts of down and other manu-
facu ures of down ; artificial or ornamental feathers suitable for use as millinery
ornaments, artificial or ornamental fruits, vegetables, grains, leaves, flowers,
and stems or parts thereof, of whatever material composed, not specially pro-
vided for, 60 per centum ad valorem; natural leaves, plants, shrubs, herbs,
trees, and parts thereof, chemically treated, colored, dyed or painted, not
sl)ecially provided for, 60 per centum ad valorem; boas, boutonnieres, wreaths,
and all articles not specially provided for, composed wholly or in chief value
of any of the feathers, flowers, leaves, or other material herein mentioned. 60
per centum ad valorem: Provided, That the importation of birds of paradise,
aigrettes, evzret plumes or so-culled osprey plumes, and the feathers, quills.
lends, wiin-rs, tails, skins, or parts of skinis, of wild birds, either raw or manu-
factured, and not for scientific or educational purl)oses, is hereby prohibited;
but this provision shall not apply to the feathers or plumes of ostriches or
to the feathers or plumes of domestic fowls of any kind: Prorvided further,
Tlat birds of paradise, and the feathers, quills, heads, wings, tails, skins, or
I)prtis thereof, and all aigrettes, egret plumes, or so-called osprey plumes, and
the feathers, quills, heads, wings, tails, skins, or parts of skins, of wild birds.
either raw or manufactured, of like kind to those the importation of wlhiclh
is prohibited by the foregoing provisions of this paragraph, which may be
found in the United States, on and after the passage of this act, except as
to suchl phnm;ige, or parts of birds in actual use for personal adornment, and
except such plumage, birds, or parts thereof imported therein for scientific or
educational purpose, shliall be presumed for the purpose of seizure to hare
been imported unlawfully after October 3, 1913, and the collector of customs
si;ll size the same unless the possessor thereof shl;ill establish, to the satis-
faction of the collector, that the same were imported into the United State<
prior to October 3, 1913, or as to such plumage or parts of birds that they
were plucked or deriveil in the United States from birds lawfully therein; nt.1
in <-;ise of seizure by tlhe collector, he shall proceed as in case of forfeiture
for violation of the cu-itji laws, and the same shall be forfeited, unless the
,.1:1iii;'lit shall, in any legal proceeding to enforce such forfeiture, other timn
a criminal prosecution, overcome the presunmptioin of illegal imjuportation and
esl.iblish that the birds or article seized(, of like kind to those mentioned the
importation of which is prohibited as above, were impl)orted into the United
Stalte, prior to Octol-er 3, 1913, or were pluhicked in the United States from
birds lawfully therein.
Thaiit wh(,,iiver birds or pluniie. the importation of which is pri)dibited by
the fi. regoging provision of this p:aragr:ph,. are forfeited to thie Givernment.
the S-ecrvlary of the Tr-easury is hereby awithiirized to place thlie same with the
d(lji;ir miiw ts or liuri,-es of the Federal or State G,'vernmients or societies or
nus4,lmlns fr exhibition or scientific or educatioiiil purposes, but not for sale or
perso al u-.e; and in the event of such birds or plumaige not being required or
desired by either Fei.eral or SIate Goverinment or for educational purpl)rses,
Ill(." .- l l lie des1ro ed.
ilhat notifigi in this ;eft slill be c(jinstrued to repeal the prnivisioiis of tlie
act of MIrecli 4, 1913, ,lnrpter 145 (37 Statutes. at Large. page 847), or the act
of July 3, 1918 (40 Sta;tutes at La rg. pi.ag 755), or any other law of Ille United






B. S. 63]


LAWS RELATING TO GAME AND BIRDS


15


States. now of force, intended for the protection or preservation of birds
within the United States. That if on investigation by the collector before
seizure, or before trial for forfeiture, or if at such trial if such seizure hlas
been made, it shall be made to appear to the collector, or the prosecuting
officer of the Government, as the case may be, that no illegal importation of
such feathers has been made, but that the possession, acquisition, or purchase
of such feathers is or has been made in violation of the provisions of the act
of March 4, 1913, chapter 145 (37 Statutes at Large, page 847), or the act of
July 3, 1918 (40 Statutes at Large, page 755), or any other law of the United
States, now of force, intended for the protection or preservation of birds within
the United States, it shall be the duty of the collector, or such prosecuting
officer, as the case may be, to report the facts to the proper officials of the
United Staites, or State or Territory charged with the duty of enforcing such
laws.
Import duties and provisions are as follows:
PAR. 704. A duty of 4 cents per pound is imposed on reindeer meat, venison,
and other game (except birds).
PAR. 711. The duty on live birds (except poultry) is 50 cents each on those
valued at $5 or less, and 20 per cent ad valorem on those valued at more
than $5.
PAR. 712. Dressed or undressed birds (except poultry) are dutiable at 8 cents
per pound, but if prepared or preserved in any manner the duty is 35 per cent
ad valorem. (Paragraph 1419 prohibits the importation of the plumage of
wild birds, so that undressed game birds may only be brought in under a bond
for the destruction of their plumage.)
PAR. 715. Live wild animals, 15 per cent ad valorem.
PAR,. 1420. Silver or black fox skins, dressed or undressed, and manufactures
thereof, 50 per cent ad valorem; other furs dressed on the skin, not advanced
further than dyeing, 25 per cent ad valorem.
PAR. 1507. Wild animals and birds intended for exhibition in zoological
collections for scientific or educational purposes, and not for sale or profit,
are admitted free.
PA.R. 1569. The eggs of birds are prohibited from entry, except that eggs of
game birds may be imported free under regulations of Secretary of Agriculture
for propagating purposes; specimens may also be imported free for scientific
collections.
PAR. 1579. Raw furs and fur skins (except silver or black fox skins), un-
dressed, are admitted free.
PAR. 1668. Natural history specimens (including wild birds and inmamminals)
may be imported free for scientific public collections, but not for sale.


CANADIAN REGULATIONS UNDER MIGRATORY-BIRDS
CONVENTION ACT
[Promulgated May 11, 1918; amended May 11, 1920; August 31, 1921 ; September 1,
1922; August 13 and 25, 1923; July2, 2, 1924; and July -, 1'"25]

1. In these regulations, unless the context otherwise requires:
(a) Migratory game birds" means the following:
AnatidaT or waterfowl, including brant, wild duck. geese, and swans;
Gruidoe or cranes, including little brown, sandhill, and whooping cranes;
Rallidh or rails, including coots, gallinules, and sora, and other rails;
I micoh'e or shorebirds, including avocets, curlew, dowitcliers, godwits, knots,
oyster-catchlers, phalaropes, plovers, sandpipers, snipe, stilts, surfbirds, turn-
stones, willet, woodcock, and yellowlegs;
Columbidre or pigeons, including doves and wild pigeons.
(b) Migratory insectivorous birds" means the following:
Bobolinks, catbirds, chick:adees, cuckos, flickers, fly-catlchers, grosbeaks, hunm-
ming-birds. kinglets, martins, meadowlarks, nighthawks or bull bats. nut-
hatches, orioles, robins, shrikes, swallows, swifts, tanagers, titmice, thruslies.
vireos. warblers, waxwings, whippoorwills, woodpeckers, and wrens, and all
other perching birds which feel entirely or chiefly on insects;
(c) Migratory nongame birds" means the following:
A.uk,. auklets. bitterns, fulmars, gannets. grelies guilleniots. gulls, herons,
jaegers, loons, murres, petrels, I)puffins. shearwaters, and terms.






16


BUREAU OF BIOLOGICAL SURVEY


[S. R. A.


2. Close scasons.-No person shall kill, hunt, capture, injure, take, molest,
sell, or offer for sale any migratory game birds except during the following
periods in the various Provinces:
Ducks, geese, brant, or rails:
In Prince Edward Island: September 1 to December 14, both dates inclusive.
In Quebec: Sepiteimber 1 to December 15, both dates inclusive.
In the Northwest Territories and Yukon Territory: September 1 to December
14, both dates inclusive.
In Ontario: September I to December 15, both dates inclusive.
In Manitoba: September 15 to November 30, except that in that portion of
the Province l.vin" to the north of the 53d parallel of latitude the open
season on ducks shall be from September 1 to November 30, both dates
inclusive.
In Alberta: September 15 to December 14, both dates inclusive.
In Saskatchewan and New Brunswick, except the islands in the Grand Manan
group in the Province of New Brunswick: September 15 to December 31,
both dates inclusive.
In the islands in the Grand Manan group, in the Province of New Brunswick:
October 15 to January 31, both dates inclusive.
In British Columbia (northern and eastern districts): September 15 to
December 31, both dates inclusive.
In tiat portion of the western district to the north of the 52d parallel of
latitude: September 15 to December 31, both dates inclusive.
Ducks (tnd rails:
In British Columbia (in that portion of the western district to the south of
the 52d parallel of latitude): October 15 to January 31, both dates inclu-
sive.
In Nova Scotia, except Yarmouth and Shelburne Counties: September 15 to
Decemberr 31, both dates inclusive.
In Yarmouth and Shelburne Counties, in the Province of Nova Scotia: October
15 to January 31, both dates inclusive.
Geese and brant:
In British Columbia (in that portion of the western district to the south of
the 52d parallel of latitude): November 1 to February 15, both dates
inclusive.
In Nova Scotia, except Shelburne and Queens Counties: September 15 to
December 31, both dates inclusive.
In Shelburne and Queens Counties, in the Province of Nova Scotia, to persons
holding a license from the minister: November 1 to February 14, both dates
inclusive.
Shorebirds or 'W(iders, including only the following: Woodcock, Wilson or jack
snipe, bluck-bellicd and golden plovers, and the greater a.nd lesser yellow-
legs:
In Prince Edward Island: August 15 to November 30, both dates inclusive,
except thnlt on woodcock and Wilson or jack snipe the open season shall be
from September 15 to November 30, both dates inclusive.
In Nova Scotia and New Brunswick: August 15 to November 30, both dates
inclusive, except tiat on woodcock and Wilson or jack snipe the open
season .sbill be from October 1 to November 30, both dates inclusive.
In Quebec: Septenmber 1 to December 15, both dates inclusive.
In the Northwest Territories and Yukon Territory: September 1 to Decem-
ber 14, both dates inclusive.
In Ontario: September 1 to December 15, both dates inclusive, except that on
woodcock the open season shall be from September 15 to November 30,
both dates inclusive.
In Saskatchewan: September 15 to December 31, both dates inclusive.
In Alberta: September 15 to December 14, both dates inclusive.
In British Columbia (northLern and eastern districts) : September 15 to
December 31, both (lates inclusive.
In thli;t portion of the western district to the north of the 52d parallel of
l:ntituile: September 15 to December 31, both dates inclusive.
In ll;int portion of the wosteri district to the south of the 52d parallel of latl-
tudle: Ol iber 15 to J;Liu:I 'y 31, both dates inclusive.







B. S. 6Q3


LAWS RELATING TO GAME AND BIRDS


17


Slhorcbirds or 'uaidcr'. including! only the following: 1'ilsn or jN,: s8ipe:
In Manitoba : September 15 to No\-vember 30. both ,lites inclusive.
Provided, however, that Indianis and Eslimos may take scoters or Si-
washl ducks" for food at any time of the year, but scoters so taken h.lill not
be sold.
For the purpose of this or any other regulation. the Province of Brtishl
Columbia shall be divided into three districts, to be known as the nortlihern,
eastern, and western districts.
Northern district shall mn;n and include the electoral district of Atlin
and all that portion of the Province situated and lying to the north of the
line of the Canadian National Railway between Yellowhead Pass and
Prince Rupert.
Eastern district shall mean and include all that portion of the Province
situated and lying to the (-ast of the summit of the Cas.c;ide Rnnge and
south of the line of the Canadinn National Railwa;y between Yellowhiead
Pass and Prince Rupert, and including that portion of the provincial elec-
toral district of Lillooet situated and lying to the east of a line drawn
north and smtb. astronomic, of Alta Lake Railway Station on tlie Pacific
Great Eastern Railway.
Western district shall mean and include all that portion of the Province
situt.ted and lying to the west of the summit of the Cascade Range an(d
south of the electoral district of Atlin. and excluding that portion of the,
provincial electoral district of Lillooet situated and living to the east of a
line drawn north and south, astronmic, of Alta Lake Railway Station on
the Pacific Great Eastern Railway.
3. Tlhe killing, hunting, capturing, taking, injuring, or molesting of migratory
in3ectivorous birds, their ega_., or nests, is prohibited throiugliout the year,
except as hereinafter provided.
4. The killing, hunting, taking, injuring, capturing, or molesting of migratory
noniamne birds, or their eggs or nests, except as herein or hereinafter provided.
is prohibited throughout the year; provided, however, that the Indians and
Es.imnos may take at any season auks, auklets, gtullemots, murres. and puffins
and their eggs for human food and their skins for clothing, but birds and eggs
taken in virtue of this exemption shall not be sold or offered for sale or other-
wise traded.
5. A close season shall continue until the 1st day of January, 1928. on the
following migratory game birds: Band-tailed pigeons, little brown, sinndhill.
and whooping crane-, swvans, curlew, and all shorebirds (except the black-
bellied and golden plover, Wils'oi or jack snipe, woodcock, and the greater and
lesser yellowlegs).
6. A close season shall continue on wood duck and eider duck until the 31st
day of January, 1926, except that in the Yukon Territory, Northwest Terri-
tories, and that part of the Province of Ontario lying north of the Quebec, Coch-
rane. Winnipeg line of the Canadian National Railway eider duck' may be
taken in the open season allowed under section 2 of the-e regulations; and
except that wood (luck may be taken in the Province of Oithirio in the open
season allowed under section 2 of these re.nulations.
7. The taking of the nests or eggs of migratory game. migratory insectivorous,
or migratory nonganie birds is prohibited, except as otherwise provided in
these regulations.
8. Sale of migratory guame birds.-Notwithlsianding any provision of sztction
2 of these regulations, in the Provinces of Prince Edward Isl.and.l, Nova Scotia,
New Brunswick, Ontario, Manitoba. Saskatclhewan. Alberta, and British Colum-
bia no person shall sell, expose for sale, offer for sale. liy, trade, or traffic in
any migratory game bird killed or taken during the open season lieremnder;
and in the Province of Quebec no person shall sell, expose for sale, offer for
sale, buy, trade, or traffic in any migratory game bird, except ducks,s. killed or
taken during the open season hereunder.
9. Possession of migratory g/ane birds wliicih were lc'! all1 taken in the open
season during the close .ea.cson fonllning.-Mi ratory game birls killed during
tlhe season when the killing of such birdils is legal nmay be possessed during thb,
following periods in the various Provinces, but the onus of proof that birds
possessed under this section were lawfully killed sliill be on the pIers,,n having
such birds in possession.
In the iariHtime )proviiuces eJIlr ducks are coinionIlv called sea dijlks."






18


BUREAU OF BIOLOGICAL SURVEY


[S. R. A.


In Prince Edward Island: From the close of the open season provided up to
and including January 31, next following.
In Nova Scotia: For i e month after the close of the open season provided,
except that in Slielliurne and Queenq Counties geese may be possessed from the
close of the open season provided up to and including the last day of February,
next following.
In New Brunswick: From the close of the open season provided up to and in-
cluding January 31, next following, except that in the Grand Manan group such
birds may be possessed from the close of the open season provided up to and
including the last day of Felbrniary, next following.
In Quebec: From the close of the open season provided up to and including
March 31, next following.
In Onta rio: From the close of the open season provided up to and including
March 31, next following.
In MI:nitoba: From the close of the open season provided up to and including.
MIirchl 31, next following.
In Saskatchewan: From the close of the open season provided up to and in-
cluding the last day of February, next following.
In Alberta: From the close of the open season provided up to and including
,m rch 31, next following.
In British Columbia: For 14 delays after the close of the open season.
In the Northwest Territories and Yukon Territory: From the close of the
open season provided up to and including April 14, next following.
10. Bag limits.-No person shall kill during any day, or during any season,
migratory game birds in the various Provinces in excess of the numbers set
forth as follows:
In Nova Scotia, New Brunswick, Prince Edwaird Island, Quebec, Ontario,
Northwet Territories, and Yukon Territory in any d(lay (except that in Ontario
no person shAll kill in any one season in excess of 200 ducks) :
Ducks.-Twenty-five in the aggregate of all kinds.
G(c'.e.-Fifteen in the a gregate of all kinds.
Brna t.-Fifteen in the aggregate of all kinds.
Rails, coots, and g(illihuh1...-Twenty-five in the aggregate of all kinds.
Black-bellied and golden plovers and greater and lesser ycllowlegs.-Fif-
teen in the aggregate of all kinds.
Wilson a pe or jaf k. N ipc.-Twenty-five.
Wood, ock.-Ten.
In Manitoba in any day:
Ducks.-Twenty before October 1 and 40 thereafter in the aggregate of
all kinds.
Gecse.-Ten in the aggreg;ite of all kinds.
Rails and cools.-Twenty-five in the agregate of all kinds.
lVWiJlsio, nipw or j(.'.!, p<.-Twenty-five.
And in M.Initoba in any open season in excess of 200 ducks.
In Alberta in any dly:
Ducks.-Thirty in the aggregite of all kinds.
Geese.-Fifteen in the aggregate of all kinds.
lail.s and coots.-Twenty-five in the aggregate of all kinds.
Black-li'!cllJ and .golden plovers and graltcr and lesser yellowilegs.-Fif-
teen in the aggregate of all kinds.
Wilsoi siipc or jie.sn iplc.-fTwenty-five.
And in Albert i in any open season in excess of 200 ducks.
In Sa1sl.:itchvw;in in any day:
Ducks and 1,ail.s ad co'ls.-Twenty-five in the aggregate of all kinds.
Black-bellied amd golden plnrers and greater and lesser vellow-legs.-
Fifteei in the a grerale of all kinds.
lWVil.o, snipe or jit'(uiiiplc.-Twenty-five.
And in S;is.l;ilchlwvai in any open season in excess of 200 birds of the
family Anati(d;e, including ducks and geese.
In British Coolu nbia in any day:
Duciw1ks.-Twent y in flie aggregatee of all kinds.
(;iV.e.-Ten in the aggregate of all kinds.
Brant.-Ten.
Rails ad coots.-TwnIty-five in the aggregate of all kinds.
Black-!,llio('id ad goldvi plim-cr's and greatelcr and lesser yellowlegs.-
H-ifl.,',i in the a lgregil of all kinds.
W1 il.%ol .si' W" or jilk..,ip .- Twe\ nl.v-li\'.







LAWS RELATING TO GAME AND BIRDS


And in British Columbia in any open season in excess of 150 duks;
And in British Columbia in any open season in excess of 50 gees-e;
And in British Columbia in any open season in excesss of 50 br;ant;
And in British Columbia in any open season in excess of 150 WVil.-sin snipe;
And in British Columbia in any opcn season in excess of 150 black-bellied
and golden plover in the aggr-egate;
And in British Columbia in any open season in excess of 150 greater and
lesser yellowlegs in the aggregate.
11. Sihootiig reslrictionf,.-(a) No persiol shall take, attempt to take, kill, or
attempt to kill any migratory game birds, during the open season prlivided
hereunder except with a gun not larger tll1:in number 10 gauge.
(b) In Britisli Columniai no person shAinll kill or attemvit to kill any migra-
tory game birds during the open seaso-ns provided hereunder with a pump or
repeating shotgutin, unless the magazine has been perniiiineiitly p)lug-.ed or
altered so that it can not carry more than one cartridge.
(c) No p(i-rson sh;ll kill or attempt to kill any miinratory gamie birds by
the use of any automatic (including firearms loaded by recoil or so-called
"auto-loading"), swivel, or mae hine gun or b.0i cry, or by the use of any
aeroplane, powerboat, or sailboat, or by the u.,se of night lights.
(d) No person shall kill or attempt to kill any migratory nine bird during
the night, which for the purpose of these regulations is described as being
from one hour after sunset to one hour before -unrise, but in the Province of
Ontario no person shall kill, or attempt to kill, any migratory game birds
between sunset and sunrise.
The possession of night lights and firearms by any person during h1e night
in places frequented by migratory game birds shall be considered prilia facie
evidence of night shooting.
(e) No person shall kill or attempt to kill from any motor vehicle or hors.-
drawn vehicle any migratory game bird.
(f) No person sliall kill or attempt to kill any migratory game birds in the
vicinity of Tabusintac Lagoon, in the Province of New BrunswiAh. by the u-1e
of sink boxes" between the hours of 1 p. m. and one hour before sunrise.
12. Scientific permits.--Migra tory game, mignratory insectivorous, or migra-
tory nongame birds or parts thereof or their egzs or nests may be taken,
bought, sold, shipped, transported, or po assessed for scientific purposes, but only
on the issue of a permit by the minister or by any person duly authorized
by him.
Such permits may, upon application, be granted to recognized museums, or
scientific societies, and to any person furnishing written testimonials from two
well-known ornithologists.
A return of specimens taken under such a permit shall be made to tbe
minister upon the expiration of the permit.
13. Propupnation of migrufory birdlx.-(a) Migratory game, migratory i nec-
tivorous, or migratory nonganime birds. or their ePl.us. protected under re,-ula-
tions made p1ursu:.iit to the nmigr;;tory birds convention act, iny be taken at
any time and in any manner for pri pagating purposes only on the issue of
a permit by the minister or by any person duly authorized by him. Migratory
game, migratory insectivorous, or min-.ratory nongame birds, or their s so
taken, may lie possessed by the permitted and may be sold and transported by
him to any person holding a permit for proliaga.ting purposes issued by the
minister or by any person duly authorized by him.
(b) A person authorized by a permit issued for propag;ating purlpses under
this regulation may possess, buy, sell, or transport miUiiratory game. migratory
insectivorous, or migratory nongame birds, or their increase or eggs, for
propagating purposes. Such migratory game. migrattory in ectivoronus, ir
migratory nongame birds, except the birds taken under paragraphll (a) of this
regulation, may be killed by himn in any manner except by shooting. The un-
plucked carcasses or the plucked carcasses with heads attaclied therto oft
such birds may be sold and transported by the permiittee to any person for
consumption, or to the keeper of a hotel, restaurant, or bo)ardinm u house, or
to a dealer in meat or game, or to a club for sale or service to their patitrml.s.
all of whom may posses-; such carcasses for actual consutiplion without a
permit.
(c) A person granted a permit under this regulation slihll keep olioks ;i1I
records which shall correctly set forth at all lii ies i, ie tot;l number of eic.li
species of migratory game, migratory insectivi, ,ous, or migratory lollg.r;lte


B. S. 63]







20 BUREAU OF BIOLOGICAL SURVEY tS. PR. A.

birds or their eggs, taken or in his possession. A written report shall be fur-
nished the minister during the month of January next following the issuance
of the permit. This report shall state the total number of each species reared
and killed, the number of each species, or their eggs, sold and transported.
the manner in which such species or eggs were transported, the name and
address of each person from or to whom such species or eggs were pur-
chased or sold, together with number and species and whether sold alive or
dead, and the date of such transaction.
(d) Applications for permits to take such birds for propagating purposes
.diall be accompanied by a statement showing-
(1) The full name and post-office address of the applicant.
(2) The species of birds or eggs that it is desired to take.
(3) The number.
(4) The place at which the birds or eggs are to be taken.
Applications for permits to possess, buy, sell, or transport such birds for
propagating purposes shall be accompanied by a statement showing-
(1) The full name and post-office address of the applicant.
(2) The species and number of birds that it is desired to possess.
(3) The area and location of the land to be used in the business and
whether owned or leased by the applicant.
(e) The minister may require an applicant to furnish a bond in support of
his application for a permit for propagating purposes.
(f) A p)ermittee shall at all reasonable hours allow any game officer to
enter and inspect the premises where operations are being carried on under
these regulations and to inspect the books and records of such permitted
relating thereto.
(g) No person holding a permit for propagating purposes shall sell migra-
tory game, migratory insectivorous, or migratory nongame birds, raised and
killed in captivity, unless the same shall bear a metal tag. This tag shall be
of a type approved by the minister and shall contain the name or initials of
the holder of the permit. It shall not be removed from the carcass.
14. ColJ'cting of eider-down.-The minister, or any person duly authorized
by him, may issue permits allowing persons owning or leasing eider duck breed-
ing areas to collect, possess, transport, and sell eider-down.
15. Termination of pcrmnits.-All permits and licenses shall terminate at
the end of the calendar year in which they shall have been issued. They shall
not be transferable and shall be revocable at the discretion of the minister.
16. Taxidermists.-No person shall engage in the business of a taxidermist
without having first secured from the minister a license so to do. The fee for
this license shall be $1.
No taxidermist shall receive, prepare for exhibition purpose-s, or possess,
any migratory game, migratory insectivorous, or migratory nongame bird.
or any portion thereof, unless such bird has been legally killed, either in the
open season for such birds or by the holder of a permit for taking birds for
scientific purposes.
Every licensed taxidermist shall annually make such returns as the minister
may require.
Every licensed taxidermist shall keep books and records which correctly set
forth the name of each migratory game, migratory insectivorous, or migratory
nongame bird received, the date and locality of capture, the rate received, and
the name and address of the owner of such bird. Tlhese books and records are
to be open to inspection by any game officer at any reasonable time.
17. Lbheling pac-a'ur, for s8ipmcnt.-Any package in which migratory game.
migratory in-ectivorous, or migratory nongame birds or parts thereof, or their
Egg.s or nests are shipped or transported for scientific or propagating purposes
sli;ill be clearly marked on the outside with the number of the permit., the name
and address of the shipper, and an cac(urate statement of the contents.
No transportation company shall accept for transportation any package con-
taining migratory game, migratory insectivorous, or migratory nongamie birds,
or their nests or egv_-s or parts thereof, unless such packages shall he marked
as lhereinbefore required, and sliipment of the same through the mails is
prohibited unless mnirked as aforesaid.
18. The sliiiment or export of migratory game. migratory Insectivorous, or
migratory nonganime birds, or their nests or eggs from any Province during the
clq)se seasIo in such Provinces is prohibited. except for scientific or propagat-
ing purposes; and Irnflic l)betwieen Canada and the United States in any such






B. S.63]


LAWS RELATING TO GAME AND BIRDS


21


birds, or their eggs, captured, killed, taken, or shipped at any time contrary to
the laws of the Province or State in which the same are captured, killed, taken,
or shipped is likewise prohibited.
19. No person shall ship or offer for shipment from Canada to the ULnited
States any package containing migratory game, migratory insectivorous, or
migratory nongame birds or any parts thereof or their eggs unless such pack-
age shall have the name and address of the shipper and an accurate statement
of the contents clearly marked on the outside of such package.
No transportation company shall accept for transportation to the United
States any packages of migratory game, migratory insectivorous, or migratory
nongame birds, or any parts thereof or their eggs, unless such patck;-ges bear
the name and address of the shipper and an accurate statement of the con-
tents; and shipment of the same through the mails is prohibited unless marked
as aforesaid.
20. If any of the migratory game, migratory insectivorous, or migratory non-
game birds should under extraordinary conditions become seriously injurious
to agricultural, fishing, or other interests in any particular locality, the min-
ister, or any person duly authorized by him, may issue permits to kill such
birds so long as they shall continue to be injurious. Applications for sucl
permits shall include a full statement describing-
(1) The species and an estimate of the numbers of birds committing the
damage.
(2) The nature and extent of the damage.
(3) The extent of the agricultural or other interests threatened or involved.
Such permits shall be revocable at the discretion of the minister. On the
expiration of the permit the person to whom it is issued shall furnish to the
minister a written report showing the number of birds killed, the dates upon
which they were killed, and the disposition made of the dead birds.
No birds killed under such permits shall be shipped, sold. or offered for sale.
21. (a) Any British subject domiciled in the Province of Quebec may capture
by trapping or kill by shooting American and red-breasted mergansers within
the counties of Rimouski, Matane, Matapedia, Bonaventure, and Gaspe, Province
of Quebec, on the south shore of the River St. Lawrence, and within the county
of Saguenay, Province of Quebec, on the north shore of the Gulf and River St.
Lawrence from one hour before sunrise to one hour after sunset, from April
1 to August 31, both dates inclusive; proridcd, that the birds so killed shnll not
be sold or offered for sale or shipped or transported from one person to another,
except that they may be shipped or transported as a gift to persons authorized
by permits granted by virtue of clause 12 of these regulations to take or possess
such birds for scientific purposes.
(b) Any superintendents of fish hatcheries situated in the Province of Quebec,
any salaried Provincial or Federal game officer duly appointed for that Prov-
ince, or any owner or any lessee of fishing areas in that Province, the bona
fide employees of such owners or lessees, and the members of fishing clubs
which lease fishing rights, may kill loons by shooting, within the Province of
Quebec from one hour before sunrise to one hour after sunset, from April 1 to
October 31, both dates inclusive; provided, that the birds so killed shall not be
sold or offered for sale or shipped or transported from one person to another,
except that they may be shipped or transported as a gift to persons authorized
by permits granted by virtue of clause 12 of these regulations to take or possess
such birds for scientific purposes.
(c) Any British subject domiciled in the county of Saguenay, Province of
Quebec, may kill great black-backed gulls by shooting, within the county of
Saguenay, Province of Quebec, from one hour before sunrise to one hour after
sunset, from June 15 to October 31, both dates inclusive; provided, that the
birds so killed shall not be sold or offered for sale or shipped or transported
from one person to another, except that they may be shipped or transported as
a gift to persons authorized by permits granted by virtue of clause 12 of these
regulations to take or possess such birds for scientific purposes.
(d) The minister may on any d(late between August 15 and September 14, in-
clusive, issue a general permit, covering any one or more of the Province, of
Manitoba, Alberta, and Saskatchewan, which shall allow any owner or occu-
pier of land in the Province named, having a cereal crop growing or in stook on
his said land, to shoot on such land wild ducks which are found causing serious
injury to such crop: Prorided, That wild ducks so killed shall not be sold or
offered for sale, and that wild ducks shall not be shot at or killed outside of thie
area on which the crop is being so seriously injured.






22 BUREAU OF BIOLOGICAL SURVEY [S. R. A.-B. S. 63

22. No person or organization shall introduce for the purpose of sport or
acclimatization any species of migratory birds without the consent of the minis-
ter in writing.
23. No person shall destroy, deface, lear down, or damage maliciously, any
posters, notice hiards, or signs erected to acquaint the public with any pro-
visions of the Migratory Birds Convention Act or Regulations thereunder.



CANADIAN TARIFF ACT PROHIBITING IMPORTATION OF PLUM-
AGE, MONGOOSES, AND CERTAIN BIRDS

The importation of bird plumage into Canada for millinery pur-
poses is prohibited by tariff item 1212 under Schedule C (prohibited
gy)ods), as added by section 5 of the Canadian customs tariff act of
1914. Item 1212 prohibits the entry of the following:
1212. Aigrettes, ezret plumes, or so-called oslprey plumes, and the feathers,
quills, heads, wings, tails, skins, or pirts of skins of wild birds either raw or
m;,iiif;ictured; but this provision shall not come into effect until January 1,
1915, and shall not apply to-
(u) The feathers or plumes of ostriches;
(b) The plumage of the English pliheasant and the Indian peacock;
(c) The plumage of wild birds ordinarily us(]'d as articles of diet;
(d) The plumage of birds imported alive; nor to
(e) Spechimens imported under regulations of the minister of customs for any
nal ur;al-history or other museum or for educational purposes.
Item 1214 under Schedule C (prohibited goods), as added by the
customs tariff act, effective May 24, 1922, prohibits the entry of the
following:
1214. (a) Common mongoose (Herpestes griseus) or mongoose of any kind;
(b) Common myuah, Chinese mynah, crestedl mynah, or any other species of
the starling family (Sturnidoe) ;
(c) Java sparrows, rice bird, nutmeg finch, or other species of the weaver
bird family (Ploceid,) ;
(d) European chaffiuch (Fringilla cwlcbs);
(e) Great titmouse (Parus majorr.


WASHINGTON : GOVERNMENT PRINTING OFFICE: 1926










UNIVERSITY OF FLORIDA

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