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S. R. A.-B. S. 55. Issued Aiigut 3, 1923.
United States Department of Agriculture.
SERVICE AND REGULATORY ANNOUNCEMENTS.
BUREAU OF BIOLOGICAL SURVEY.
MIGRATORY BIRD TREATY, ACT, AND REGULATIONS.1
CONVENTION BETWEEN THE UNITED STATES AND GREAT
BRITAIN FOR THE PROTECTION OF MIGRATORY BIRDS IN THE
UNITED STATES AND CANADA.2
[39 Stat., 1702.]
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
WMhereas a Convention between the United States of Americ. and
the. United Kingdom of Great Britain and Ireland for the protection
of migratory birds in the United States and Canada wis concluded
and signed by their respective plenipotentiaries at Washington, onil
the sixteenth day of August, one thousadid nine hundred and sixteen,
the original of which Convention is word for word as follows:
Whereas, Many SpelCie. of birds in the course of their anminual mi-
grations traverse certain parts of the United States and the I)omlin-
ion of Canada; and
Whereas, Matny of these species are of g.re.t value as a source, of
food or in destroying ins,' ts which arn, injurious to foi-fI : and for-
age plants on the public dom:ini, as well as to affrict.ultral crops, in
both the United St:ites and C",-ada, but are nevcrtlhiele-s in d,.ng,,r
of extermination through l:i'k of adeq(iate protection duriii,- the
nesting season or while on their way to and from their br,.ling,
The United States of America and His -Maijesty the King of the
United Kingdomn of Glrei.t Britain and Irelanid and of the British
Dominions L1eyond the Se.s. Emperor of India. bein( r de-sirous of
saving from indiscrimiiinate -laughter and of insuring t le pi-',-'*rva-
tion of such nmigritory birds as are either .'fu] to llan o(r iarim-
1 Includiii'- amendments of the r-.,'i1::tions al'i,.,vvd Jume !t. 1923.
SSigni-d at Wa:s1iriat,,n August 16, 1916; ratio! ,ation advi-, ,1 by th. S ie .t .', t V1. ",t
ratified by the President Septnmber 1, and 1,v Great I'itain 20;ollor 20" ratiii :tion.s ex-
changed December 7; proclaimed December S. 19116. (onstitutioinality of tlhe treaty a1nd
act of July 3. 1918, sustained by the United States Suireme 1Courit in a decision rn dert d
April 19, 1 ''.2 in the L0'V A i e Skir.' of I:-:., ri i lIay 1'. Holland (252 U. S. 416) ;
see also U. S. v. Iumpfin i'27; I" iV,)F -
Canada, by an act of l '.. WW --,i i: "2'F. 1', 7. L:.ive fill e"foet to this
conventii.n and I n ijltza .Iii rj.gi l:itious theriiunder'r Ma, 11, 191S. I'1ii, validity o-1 the
act of the Dominion Parli.im.n',t ,i.** j l,.il .te o. S u,. i, '.rt of prince Edward
Island in a decision (.Miclia- lias term, 1,2It) rmudrrtcd i ca.;-, of The Ki.i 1. Rlusseli C.
553:J8--23 ______-__. ...__
BUREAU OF BIOLOGICAL SURVEY.
less, have resolved to adopt some uniform system of protection
which shall effectively accomplish such objects and to the end of
concluding a convention for this purpose have appointed as their
The Pre.ident of the United States of America, Robert Lansing,
Secretary of State of the United States; and
His Britannic Majesty, the Right Honorable Sir Cecil Arthur
Spring Rice, G. C. V. 0., K. C. M. G., etc., His Majesty's Ambassador
Extraordinary and Plenipotentiary at Washington;
Who, after having conimmunicated 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:
The High Contracting Powers declare that the migratory birds included in
the terms of this Convention shliall be as follows:
1. Migrat,,ry Game Birds:
(a) Anatidae or waterfowl, including brant, wild ducks,, geese, and swans.
(b) Gruidae or cranes, including little brown, s.andhill, and whooping cranes.
(c) Rtallidae or rails, including coots, gallinules and sira and other rails.
(d) Limicolae or shorebirds, including avocets, curlew, dowitchers, godwits,
knots, oyster catchers, phalarope.s, plover.-, sandpipers, snipe, stilts, surf birds,
turnstones, willet, woodcock and yellowlegs.
(e) Columbidae or pigeons, including doves and wild pigeons.
2. Mi-tratory Insectivorous Birds Bobolinks, catbirds, chickadees, cuckoo,.,
flickers, flycatcelrs, grosbeaks, humming birds, kinglets, martins, nmeadowlarks,
nighthawk.s or bull bats, nut-hatches, orioles, robins, shrikes, swallows, swifts,
ta gerts. titmice, thruslieZ, vireos, warblers, wax-wings, whlippoorwills, wood-
peckers and wrens, and all other perching birds which feed entirely or chiefly
grebes, guillemots, gulls, herons, ja,0egers, loons, muires, petrels, puffins, sheliar-
waIters, and terns.
The Hiigh Contracting Powers agree that, as an effective means of preserv-
ing migratory birds there shall be established the following cl,,ose iseaoiins during
which no hunting slia:ll be done except for sc.entific or lprtopj:gating purposes
under permits issuedtl by proper authorities.
1. The close season on miir:iatory game birds shall be between March 10 and
September 1, except tlit the close se:is(in on the Limicolac or shorebirds in the
Mn ritimre Provinces of Canada and in those States of the United States border-
ing on the Atlantic Ocean which are situi:,ted wholly or in pairt north of Chesa-
peake 1:.y shall lie between February 1 and August 15, and tlat Indlians may
take at any time scoters for food but not for sale. Thle se;as in for hunting
sli.ill be further restricted to such period not exceeding three and one-half
montiHs as the High (',,ntracting Powers ,may severally deemni appropriate and
,.l-fine by law or rzilattion.
2. T'Ilie close sea;sion oiln migatory in sectivorou.i, birds sliall continue thirough-
out the I ei ir.
3. TlIe clo .easo oni other miratiory ,ii Laime 1)ird, sliall continue through-
out the year, except thliat E.skimos and Indians may take at any season aukg
BUREAU OF BIOLOGICAL SURVEY.
auklets, guillemots, murres and puffins, and their eggs, for food and their skins
for clothing, but the birds and e--s so taken shall not be sold or offered for
The High Contracting Pov-\ers n'2ree that during the period of ten years next
following the going into effect of this Convention there shall be a continuous
close se;ison on thle following migrato)ry game birds, to wit:-
Band-tailed pigeons, little brown, sandhill and whooping cranes, swaTns, cur-
lew and all shorebirds exceptt the bla-ck-breasted and golden plover, Wilsn or
jack snipe, woodcock, and the greater and le-sser yellowlegs) ; provided that
during such ten years the close seasons on cranes, swans and curlew in the
Province of British Columbia siull be made by the proper authorities of that
Province within the general dates and limitations elsewhere prescribed in
this Convention for the respective groups to which these birds belong.
A UTICLE IV.
The High Contracting Powers agree that special protection shall be given the
wood duck and the eider duck either (1) by a close season extending over a
period of at least five years, or (2) by the e*-riblishment of reftiugs, or (3) by
such other regulations as inmy be (dteemed appropriate.
The taking of nests or eggs of migratory game or insectivorous, or nongame
birds shall be prohibited, except for scientific or propImgating )purpo,' under
such laws or regulations iis the High Contracting Powers may severally deem
The high C, tracting Powers awree that the shipment or export of mnligra-
tory birds or their ei s from any State or Province, during thle continuance
of the close se4ascn in such State or Province, shall be pr ohibited ex(cep)t for
scientific or proiw;fti iig purposes, and the international traffic in aniy 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 s:imne were captured, killed,
taken, or shipped shall be likewise prohibited. Every p;ickag, containing
i4igratory birds or any 1i.irts thereof or any e.:s of migratory birds trans-
ported, or offered for trmil portation from thy I 'ited Stalte.- into the ID)ominion
of Can:ada or from the Dominion of Canada into tlie United States. shall have
tlie na mle and addnr-,s of tlie shipper and 1 acn ,'(!uraate statement of the contents
clelIrly .marked on thle outside of such pachk:i(e.
Permits to kill any of the albove-named birds which, under e'\ir.o,,rdinary
conditions, maly 'i:.,me serioii.-ly injuri-ius to the agricultural or other inter-
ests in any 1,;,rticular community, may be issued by thle prioper aut horities
of the Hilh Contra'- iig Power':: un'lr suitable regulations pr(.-,rie)d th.,refor
by them i r.esplt'-l ively, but such l)ermits shall lap-c. or mlay be canceled, at any
time when. in thle opinion of -;iid authority *, the '1,rticular exi.i'iicy has p;i --''d,
and no binls killed under this article shliall lie shipped, sold, or offered for sale.
Tlhe High Contraw'ting P,,wers ;tL'e th.mnel,'. to t:ike, or prop,'4te to their
resp-ective apprIo'lriate l;w-i-a lii bodies, the uBPe.:. .ay m:'isui Cs for insuring
the execution of tihe present Conventiou.
B. S. 55.
BUREAU OF BIOLOGICAL SURVEY.
The present C(mvention shall be ratified by the President of the United States
of America, by and with the advice and consent of the Sonate thereof, and by
is Brittanic Maa.sly. The raifi, nationss shall he exchanged at Washington as
soon as possible and the Convention shall take effect on the date of the exchange
of the nratiftications. It shall rumnain in force for fifteen years and in the event
of Ineitlher of tlhe High C(ontractiri g Powers having given notification, twelve
monlil., before the expiration of said period of fifteen years, of its intention of
termintinaig its operation, the Convention shall continue to remain in force for
one year and so on from year to year.
In faith whereof, the respective Plenipotentiaries have signed the
pr, sent Convention in duplicate and have hereunto affixed their seals.
Done at Washington this sixteenth day of August, one thousand
nine hundred and sixteen.
[SEAL.] ROBERT LANSING.
[SEAL.] CECIL SPRING RICE.
And whereas the said Convention has been duly ratified on both
parts, and the ratifications of the two Governments were exchanged
in the City of Washington, on the seventh day of December, one
thousand nine hundred and sixteen:
Now, therefore, be it known that I, WOODROw WILSON, President
of the United States of America, have caused the said Convention
to be made public, to the end that the same and every article and
clause thereof mayy be observed and fulfilled with good faith by the
United States and the citizens thereof.
In testimony whereof, I have hereunto set my hand and caused the
seal of the United States to be affixed.
Done at the City of Washington this eighth day of December in
the year of our Lord one thousand nine hundred and sixteen, and
of the Independence of the United States of America the one hun-
dred and forty-first.
[SEAL.] WOODROW WILSON.
By the President:
ROBERT L .-NSI NNO,
Secretary of State.
S. R. A.,
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 ini.ri.try birds concluded at WV -l-ington, A,.t-Lt sixteenth, ini't<'en
huiidr-d anld sixteen, and for other purposes.
Be it enacted by the Sr'tlef ,urd Ho..r of Repre. enitatives of the United
Stfrsi. of America in Contr:v..;.( assembled, Tlhat this Act OIhll be known by the
short title of the Migratory Bird Troety Act."
SEC. 2. Tlhat unless and except as permitted by rt-egulations 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 pur,'-iiis, pu'lia.'., deliver
for sliipiejit, ship, ,;ji.se to be shipped, deliver for transportation, transport,
cause to be transported, carry or cause to he ,;trried by any meallns wli,:tver,
receive for shipment, tran.),portation or carria.#,, or export, at any time or in
any manner, any migratory bird, included in the terms of the convention be-
tween the United States and Great Britain for the protecting, of migratory
birds concluded August sixteen, nineteen hundred and sixte-ni, or any part,
nest, or egg of any such bird.
S?:c. 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 zot:,\s of temperature and to the dis-
tribution, abundance, .oN'nomic value, breeding habits, and times and lines of
migratory fli-tt of such birds, to determine when, to whuit extent, if at all, and
by what mIeans, it is co'mpatihle with the terms of the convention to ailow hunt-
ing, taking, capture, killing, p,,s.-.-ssion, sale. pr,.li.-.-e, shipment, transportation,
carriage, or export of any such lbird, or any pairt, n- st, or ., thereof, and to
adopt suitable regulations permiiting and governing the same, in accorluace
with such de.,rmini:ttions, which regulations slialI become elifective when ap-
proved by thi Presiont.
S-;c. 4. That it shall be unlawful to ship, h in-lport, or carry, by any ni.-,ins
whatever, from oi:e State, Tcrritory, or District to or through another State,
Territory, or District, or to or through a foreign country, any bird, or any ,.irt,
niest, or egg th-reo f, capture'!,, killed, t;io.k,., shipped, transported, or carri',,l
at any time contrary to the laws of the State, Territory, or District in which
it was capthured, killed, or taken. or from which it was shipped, transported,
or carried. It shall be unlawful to import any bird, or any part, i,4 t, or ,i:
thereof, c';ptured, killed, taken, shipped, tr;-:-ior il. or carried contr.!ry to
the laws of ;i!y Province of the Domnnii of (a,,i:ida in which the same was
captured, killed, or taklen, or from which it was shipp,-,], 1 r;.Usp)ortcd, or carried.
SPic. 5. That any emp)loye" of th:e -),i ,tmnt *f Agriculture autliorizo(d by
the Secretary of A.grio'ulture to enforce the provisions of this Act -l1i.ll .'ve
power, without wirrP:; t, to arrest any !cr'rm Ic)mitting a violation of this
Act in his pr.r,'fce or view ;'il( to t;Oke such per:--.mn immediately for 4-\;!::i.:-
tiin or triatl bef''.e an <,ffh'-er or court of competent jurisdictions : shall live
Pi,,wer to exil,, any warr'ant or otl.-,r pro, ess issue1id by an oticr (ir co'lr't
of competent jurisdiction for the enforcement of the jrovisionis (f this Act; and
shall have authority, with a s,-,ircah v,',rrnit, to -..!rch many place. Thae several
judges of the -,,urts --ta!li-.dl unh-lr the l.iws of the 1United S'1.14 a nd
United States coiiiiis-ineIs may, within their r,.itive jir!-,i'1itions, uiipon
proper oath or aflirniation showing pIri,:;ile cal- i--', wrraints in all such
cases. All birds, or l;'rts. nct..., or -,,-'s thereof, 4'i dured, killed, taki.!,
shipped, transported, (.trried, or posse--ed ,-itr .ry to the prov isi,.i,- of this Act
or of any regulations male ptirsiiuiiit tlhI,'to shlill, whwi' found, Ill s'ized b)y
any such employee, or by any ni ir.:i;il or deputy nwirshial, and. upon conviction
of the offender or upon judinm.ent of a court of thu United tLates that the
BUREAU OF BIOLOGICAL SURVEY.
same were captured, killed, taken, shipped, transported, carried, or possessed
contrary to the provisions of this Act or of any regulation wmade pursuant
thereto, sli:all be forfeited to the United States and disposed of as directed
by the court having jurisdiction.
SEc. 6. That any person, association, partnership, or corporation who shall
violate any of the provisions of said convention or of this Act, or who shall
violate or fail to comply with any regulation made pursuant to this Act, shall
be deemed guilty of niisdemneanor and upon conviction thereof shall be fined
not more than $500 or be imprisoned not more than six months, or both.
SEc. 7. That nothing in this Act shall be construed to prevent the several
States and Territories from making or enforcing laws or regulations not in-
consistent with the provisions of said convention or of this Act, or from making
or enforcing laws or regulations which shlall give further protection to migra-
tory birds, their nest, and c.^s, if such laws or regulations do not extend
the open seasons for such birds beyond the dates approved by the President
in accordance with section three of this Act.
SEC. 8. That until the adoption and approval, pursuant to section three of
this Act, of regulations dealing with migratory birds and their nests and eggs,
such migratory birds and their nests and eggs as are intended and used ex-
clusively for scientific or propagating purposes may be taken, captured,
killed, possessed, sold, purchased, shipped, and transported for such scientific
or prolpag;atilg purposes if and to the extent not in conflict with the laws
of the State, Territory, or District in which they are taken, captured, killed,
pmssessed, sold, or purchased, or in or from which they are shipped or trans-
ported 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 nanme and address of the shipper and
the contents of the package.
Sic. 9. That the unexpended balances of any sums appropriated by the
agricultural appropriation Acts for the fiscal years nineteen hundred and
seventeen and nineteen hundred and eighteen, for enforcing the provisions of
the Act approved March fourth, nineteen hundred and thirteen, relating to the
protection of migratory game and ir-sectivorous birds, are herelby reappropriated
and made available until expended for the expeni,-ss of carrying into effect the
provisions of this Act and regulations made pursuant thereto, including the
piiymweniit of such rent, and the employment of such perrsns and meais, as the
Secretary of Agriculture may deem necessary, in the District of Columibia and
(1ls.where, coopIeration with local authorities in the protection of migratory birds,
and n,.c' sa.'-ry inves.tigations c nnected therewith: Proidcd, That no lirson\ who
is subject to the draft for service in the Army or Navy shliall be exemipted or
(xclisecl from such service by reason of his employmnent under this Act.
SKc. 10. 'lThat if any clause, sentence, paragraph, or part of this Act slhall,
for any re,:soi. be adjudged by any c-,urt of competent jurisdiction to be in-
valid, ztin.li judgment sb~ill not affect, imiipair, or invalidate the reiniaider
thereof, but shall l1c conlined in its operation to the clauise, sentence, paragraih,
or part tihere,',f directly involved in the controversy in which such judgimnt
slm.ll have been rendered.
SKc. 11. iThit all Acts, or pia rts of Acts iicon-sitent with the provisions
of this Act are hereby repealed.
i;c,. 12. Nol!ihiig in this Act shall be construed to prevent the breeding of
mir iri tory gnme birds on farms and pre (ervCs and the sale of birds so, bred
ider proper regulation for tlie purpose of in.reasitig tlie food supply.
S,. 13. Triat this Act shall become effective immediately upon its passage
S. R. A.,
BUREAU OF BIOLOGICAL SURVEY.
MIGRATORY-BIRD TREATY-ACT REGULATIONS.
[As approvdol and ipromniliated by the PIresident, July 31, 1918, and amended October 25,
1918, July 28, 1919, July 9, 1920, March 3, 1921, May 17, 1921, March 8, 1922, April
10, '1.23,'and June 11, 192:".]
REGULATION 1.-DEFINITIONS OF MIGRATORY BIRDS.
Mi.gratory birds, included in the terms of the convention between the United
States and Great Britain for the protection of migratory birds, c,,ch.luded
August 16, 1916, are as follows:
1. Migratory gime birds:
(a) Anatida;ie, or waterfowl, including brmmt, wild ducks, gose, and swanis.
(b) Gruidae, or cranes, including little brown, saidhill, and whooping cranes.
(c) Rallidae, or rails, including coot, gallinufles, and s4ira and other rails.
(d) Limicolae, or shorebirds, including avocets, curlvws, dowitchers, godwits,
knots, oyster catchers, phalarorl.e-s, plovers, sandpipers, snipe, stilts, surf birds,
turnstones, willet, woodcock, and yellowloegs.
(e) Colunimbidae, or pigeons, including doves and wild pigeons.
2. Migratory itmewlivorous birds: Cuckoos; flickers and other w)odplcklrs;
nighthawks or bull-bats and whip-poor-w'lls; swifts; hummingbirds; flycatch-
ers; bobolinks, meadowlarks, and orioles; g;osbeaks; tag-rs; martins and
other swallows; waxwirig.i; shrikes; vireos; warblers; pipits; .catbirds and
brown thrashers; wrerns; brown creepers; nuthate!hes; chickadees and titni,'e;
kinglets and entt cait-hers.; robins and other thrushes; and all other perching
birds which feed entirely or chiefly on insects.
3. Other migratory non!;lam: bird,;: Auks, auklets, bitterns, fulmars, gannets,
grebes, guillemots, gulls, l:erns, javegrs, loons, murr-e. petrels, puilins, shear-
waters, and terns.
[As amenddl July 9, 1920.]
REGULATION 2.-DEFINITIONS OF TERMS.
For the purposes of tlie>e regulations the following terms sf;all be c',nstrued,
re.ipeitively, to mean-
Seirf't iry.-The Seoie',ary of Agriculture of the United States.
Pers.,n.-The plural or the singular, as the *,:'se demands, including indi-
viduals, associations, partnerships, and corporations, unlet.s the context other-
TiiLc.-Tihe pursuit, hunting, Capt Ure, or killing of migratory birds in the
manner and by the nmo as specifically permitted.
Open :y,.'n,.-Tie time during which ni:_'iv;tory birds :iiy be taken.
T'ua .'*pl)rt.-Shiipping, trains)porting, carryin-. exporting, receiving or deliver-
ing for shipment, transportation, carriage, or export.
REGULATION 3.-MEANS BY WHI-CH MIGRATORY GAME BIRDS MIAY BE TAKEN.
The migratory game birds specified in Regulation 4 lhe,-eif may he taken dur-
ing the open season with a gun only, not lar(:er than No. 10 g-anuge, fieoil from
tlhe shoulder, ex4 ept as si,'('ifiv;iliy permitted by IRik..1lations 7, 8, 9, and 10
hereof; they may be t:iken during the )opeN s,.'son from the land and water,
with the aid of a dog, the use of decoys, and from a blinhad or floating device
(other tli;.ii an airplane, powerbo)at, s;iil)o:it, any boat under sail, or any
floatilng device towed by powerbi.;it or s.dilho;it).
[As amended July 2s, 1919, March 3, 1921, and May 17, 1921.]
REGULATION 4.-OPEN SEASONS ON AND POSSESSION OF CERTAIN MIGRATORY
For thle purpose of this regulation, eaoch period of time herein prescriboel as
an o)peu seasnii shall be construed to include the first and last days thereof.
B. S. 55.
BUREAU OF BIOLOGICAL SURVEY.
Waterfowl (except wood duck, eider ducks, and swans), rails, coot, gallinules,
black-bellied and golden plovers, greater and lesser yellowlegs, woodcock,
Wilson snipe or jacksnipe, and mourning doves iiiay be taken each day from
half an hour before sunrise to sunset during the open easons' prescribe!
therefore in this regulation, by the means and in the numbers permitted by
Regulations 3 and 5 lhereof, respectively, and when so taken, maiy be possessed
any day in any State, Territory, or District during the period constituting
the open season where killed and for an additional period of 10 days next
succeeding said open !eason, but no such birds shall be possessed in a State,
Territory, or District at a time when such State, Territory, or District pro-
hibits the possession thereof.
Waterfowl (except wood duck, eider ducks, and swcan.s), coot, iai.llimieU.,
mnd Wil.xon snipc or jacksnipe.-The open seasons for waterfowl (except wood
duck, eider duc.;-, and swans), coot, gallinules, and Wilson snipe or jack-
snipe shall be as follows:
In Maine, N',,w Hampshire, Vermont, MTassachusetts, New York (except
Long Island), Ohio, West Virginia, Kentucky, Indiana, Michigan, Wisconsin,
Illinois, Minmiesota, Iowa, Missouri, North Dakota, South Dakota, Nebraska,
Kansas, C)olorado, Wyomning, 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, Pennsylvania, Oklahoma, that portion of
Texas lying west and north of the main tracks of the International and Great
Northern railroad extending from Laredo to San Antonio, Austin, and Longview,
and the Texas and Pacific railroad extending from Longview to Marshall and
Texarkana, New Mexico, Utah, California, and that portion of Oregon and
Washington lying west of the summit of the Cascade Mountains the open
s<.n, shall be from October 1 to January 15;
In that portion of New York known as Long Island, and in New Jersey,
Delaware, and Arizona the open season shall be from October 16 to January 31;
In Maryland, the District of Columbia, Virginia, North Carolina, South
('arolina, Georgia, Florida, Alabalmi, MXlississippi, Teniessee, Arkansas,
Louisiana, and tliat portion of Texas lying east and south of the main tracks
of the International and Great Northern railroad extending from LIare(ho to
S:i.i Antonio, Austin, and Longview, and the Texas and Pacific railroad extend-
ing from Longview to Malrshall and Texarkana tle open season shall be from
Novemlwr I to January .31; and
In Alaska the opIen sewsi iall be from Septenmber 1 to Den-emt)er 15.
Rails (c:.r(<'pf coot and ,Ili nulfc. ).-The opeii season for sora and other rails
:(except coot and gallinues) slall be from September 1 to Novemler 30, except
Ini Louisiana tie open season shall be from November 1 to January 31.
Black-bcllied and golden plorcrr aiO, ,ralcr in4 lci.scr yc.llcuflcy .-The
open .-,;.son for black-bellied and golden plovers and greater and lesser yellow-
legs shall be as follows:
In Maine, New ll1mips1iire, Ma, Stlchtu?.ts, Rhode Islanid, Connecticut, Newv
York, New J4rsey, I)elaware, Ma.rylan(l, and Virginia the open season shall be
fromi A,:iLi, 1(; to Novelmber 30;
In t1w D)istrict of (Coluiiibia, North Carolina, South Carolina, Tennes:see,
Arka-niisas, (Oklanhoma, Texas. New Mexico, Arizotia, (C'alifornia, and Alaska the
(11,, i;i,, shall lie from, Sep)tember 1 to Decemlbr 15;
In Vermont, Penlnylvania, )Ohio, West Vir.ginia, Kentucky, IndhiLn.a, Michiian,
XVis.o,,Isin,I Illinois, Missouri, Iowa, AMinnesota, North Dakota, Sou mlh Dakota,
Nebraska, Kansas, Colorado, WtLy)umng, Montana, Idaho, Nevada, and that por-
S. R. A.,
BUREAU OF BIOLOGICAL SURVEY.
tion of Oregon and Washington lying east of the summit of the Casca.lde Moun-
tains the open seasiii shill be from September 16 to December 31;
In Utah and in that portion of Oiv'-",,1 and( Washington lying w.1st of the
summit of the Cascade Mountains the open st.:(s.,:n shall be from October 1 to
January 15; and
In Georgia, Florida, Alal);ii.i, Mississippi, and L()ouisiila tle open ._'a.on
shall be from November 1 to J;anua:ry 31.
Woodfjck.-The opivin seasons for woodcock shall be as follow:
In Ma ine, New Hampshire, Vermont, Mlassac(liisetts. Thmode Island, Connecti-
cut, New York, New Jersey, Pennsylvania, (Ohio, West Virginia, Kentucky
Indiana, Micig.,tiii. Wisconsin, Illinois, lMiissouri, Iowa, Minnesota, North Da-
kota, South Dakota, Nebram.ki, and Kansas the open s-a:son shall be from
October 1 to November 30; and
In Delaware, Maryland, the D)istrict of Columbia, Virginia, North C'arolina,
Stiuth Carolina, Georgia,. Florida, A:lla;aa. Mississippi, Tenuess.e, Ark ia..as,
Louisiaina, Texas, and Oklahoma the open s':ioI(n shliall be from November 1 to
Doves.-iThe open seasons for mourning doves shall be as followsm :
In Delaware, MaIryland, Virginia, North (C'arolina, Tenri, s,-, Kentucky,
Ohio, Infl(]iantn. Illinois, Iinnesota, Neblr;isk,;i Kansas, Miisuri, ArL;i.isns,
Oklahoma, that portion of Texas lying west and north of the main tracks of the
International and Great Nortliii railroad extending from Laredo to San An-
tonio, Austin, and Longview, and the Texas and P'acific rail r' ,ad ( extending from
Longview to Ma irslall and Texarkaiui, New Mexico, (.ohrado, Utah, Arizona,
California, Nevada, Idaho, and Oregon tl:e opi.'n s aison shall beA from September
1 to December 15;
In Mississippi and Louisiana the open st ison shall be from Septembl)er 16
to December 31;
In Georgia, Florida, and Alabamna the open s.asisn shliall be from October 16 to
In that portion of Texas lying east and south of the main tracks of the Inter-
national and Great Northern rail" ,md extending from Laredo to San Antonio,
Austin, and Longview, and the Texas and Pacific railroad extending from Long-
view to Marsthall and Texarkana the open sc;ison shliall be from Noveimber 1
to December 31; and
In South Carolina the open session shliall be from Novevi'l,-r 1 to January 31.
[As amended October 25:, 1918, July 28, 1919, July 9, 1920, May 17, 1921, March 8,
1922, and June 11, 192:1.]
REGULATION 6.-BAG LIMITS ON CERTAIN MIGRATORY GAME BIRDS.
A person may take in any one day during the open seasons prescribed there-
for in Regulation 4 not to exceed the following numbers of niz'rattory game
birds, which uminulers shall include all birds taken by any otler person who
for hire accompanies or :ssists him in taking i1iarratory birds:
Ducks (except wood (luck and cidcr ducks).-Twenty-five in the aggregate
of all kinds.
Gcsc..-Etglit in the aggregate of all kind.
Rails, coot, and gollinulcs (cxrc'pt sora).-Twenty-five in the W'ggrega:te of
Black-bellicd and golden plorcrs (and grcahr and h'le.cr !cllowhci.s.-Fifteen
in the aggregate of all kinds.
Wilsoit snipe, or jacksnipc.-Twenty-five.
B. S. -55,
BUREAU OF BIOLOGICAL SURVEY.
S. R. A.,
[As amended Octolber 2.-,, 1918, July 28, 1919, and March 3, 1921.]
REGULATION 6.-SHIPMENT, TRANSPORTATION, AND POSSESSION OF CERTAIN
MIGRATORY GAME BIRDS.
Waterfowl (except wood duck, eider ducks, and swans), rails, coot, galli-
nules, black-bellied and golden plovers, greater and lesser yellowlegs, wood-
cock, Wilson snipe or j:ick.sipe, and mourning doves and parts thereof legally
taken may be transported in or out of the State where taken during the respec-
tive open -easons in that State, and may be imported from Canada during the
open se.ison in the Province where taken, in any manner, but not more than the
number thereof that may be taken in two days by one person under these regu-
lations shall be transported by one person in one calendar week out of the
State where taken; any such migatory game birds or parts thereof in transit
during the open season may continue in transit such additional time immedi-
ately succeeding such open season, not to exceed five days, necessary to deliver
the same to their destination, and may be possessed in any State, Territory, or
District during the period constituting the open season where killed, and for an
additional period of ten days next succeeding said open season; and any pack-
age in which migratory game birds or parts thereof are transported shall have
the name and address of the shipper and of the consignee and an accurate state-
ment of the numbers and kinds of birds contained therein clearly and con-
spicuously marked on the outside thereof; but no such birds shall be trans-
ported from any State, Territory, or District to or through another State, Terri-
tory, or District, or to or through a Province of the Dominion of Canada con-
trary to the laws of the State, Territory, or District, or Province of the Dominion
of Canada in which they were taken or from which they are transported; nor
shall any such birds be transported into any State, Territory, or District from
another State, Territory, or District, or from any State, Territory, or District
into any Province of the Dominion of Canada at a time when such State, Terri-
tory, or District, or Province of the Dominion of C(anad: prohibits the
p,,session 1or transportation thereof.
[As amended Octotirx 25, 19)18, and July 9, 1920.]
REGULATION 7.-TAKING OF CERTAIN MIGRATORY NONGAME BIRDS BY ESKIMOS
AND INDIANS IN ALASKA.
In Alaska Eskimos Iand Indians may take for the use of themselves and their
imillediate families, in any 1manlinr and at :iny time, and p)st..ess ,n(]d 'r-misport
auiks, anklets, guillemots, miurrl.-,, a puii and puffins od lheir O,..s for food, and their
skinls for clothing.
IU:(CULATION 8.-PERMITS TO PROPAGATE AND SFLL MIt;.ATORY WATERFOWL.
1. A person may lake in any manner and at any time migratory wntorfowl
and t1 eir 4,-. 'for pIrop'tgatiin' purpl,'.- whven aut lorized by a permit issued by
tlc S(lcretary. Waterfowl and their e.,'s so taken n,:y be p1oscssesd by the
perl(mitt(fee aild 1ny )be s8(11( and translIported 1by liin I fm)r p)ro)J)lgating purp)lzes to
anlly persont) holig a l)permit issued by tlHe Secretary in aeordie with tlie
i)rovi:4)lS (of tIllis regullat ion.
2. A ,'rso '1u biori y, *I by a pelm' il issued by Ihe St i,'ri. iry may p)s- 'e(-s, buy,
-ell, :Ild tirisi)'rt iiim'"'try w:terf1wl mh 1d tleir ill'cr(';I-c and (.-s in any
liIjII('r aMd1 :it any tie lor prop; IiJi2Iitg lrurpI --" ; alnd migratory waterfowl,
(excep('t I lic, bir(Is takelil u hTder ,;iIr:Tiplj) 1 of this reL lation, so pol)(ss'esseil n111.iy
hbe k iil ,, Ibnyliiji at ally limel, in ;iy iiimaner, except tl];tt they imny lie killed
by sh10oti g (only durin g tlie open s-.,son for waterffmo l in thle State where
B. S. -55. BUREAU OF BIOLOGICAL SURVEY. 11
killed, and the carcasses, with heads and feet attachlied thereto, of the birds
so killed miay be sold and transported by him in any ianzier and at any time
to any pers oi for actual consumption, or to the keeper of a hotel, ret-taurant,
or boarding house, retail dealer in meat or g;:tme, or a club, for sile or -.rvice
to their ;patrons, who may Ios'se such carca ,s for actual consumption with-
out a permit, but no migratory waterfowl killed by shooting shall he bo1uglit or
sold unless each bird before attaining the aget of four weeks shall have had
reiiifvtd from the webl) of one foot a portion thereof in the form of a V l:rge
enough to make a permnanment well-defined mark, which shall be sullicient to
identify it is a bird raised in d(oniestincation under a permit.
3. Any package in which such waterfowl or ,parts thereof or their e-, 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 b)e addre,,sed to the Secretary of Agricul-
ture, Washington, D. C., and must contain the following information: Name
and address of applicant; place where the business is to be carried on; num-
ber of acres of land used in the busin.-s and whether owned or leased by
the applicant; number of each species of waterfowl in poss.fs.'ion of applicant;
iaines of species and number of birds or eggs of each species if permission is
asked to take waterfowl or their eggs; and the particular bality where it is
desired to take such waterfowl or eggs.
5. A person granted a permit under this regulation shall keep books and
records which shall correctly set forth the total number of each sp,,ri(. of
waterfowl and their eggs possessed on the date of application for the permit
and on the first day of each January next following; also for each calend;w,
year during the life of the permit the total number of each species reared and
killed, nundmber of each species and their eggs sold and transported, manner in
which such waterfowl and e'rs 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 tlhe 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 prem-
ises 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 umiless otherwise specified therein, shall not be transfer.ble, and inay
be revokedl by the Secretary, if the permitted violates any of the provisions of
the Migratory Bird Treaty Act or of the re-trulations thereunder. A lIermit
duly re' ,iked by the S.,ecretary .liall be surrendered to him by the peIrson to
whom it was issued, on demalinad of any employee of the United States Depart-
ment of Agriculture duly authorized to enforce the provisions of tlhe Migratory
Bird Treaty Act.
8. A person may prissess and transport for his own use, without a permit,
live migratory waterfowll now lawfully possessed or hereaf;ter lawfully acquired
by him, but he may not purchase or sell su'li waterfowl without a permit. A
State or municipal game farm or city park may pIssesq. purhli:se, sell. and
transport live migratory waterrowl without a permiit, but no such w\;iterfowl
shall be purchased from or sold to a person (other than such State or nmi'iti:,al
gaerii farm or city park) unless he las a lpen.it. The feathe.rs of wild duk-
and wild geese lawfully killed and feathers of such birds seized and condeimed
BUREAU OF BIOLOGICAL SURVEY.
S. R. A.,*
by Federal or Stategame authorities may be possessed, bought, sold, and trans-
ported, 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, 1923.1
REGULATION 9.-PERMITS TO COLLECT MIGRATORY BIRDS FOR SCIENTIFIC
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 person requesting to see
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, 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 intrusted with a
The 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, exchange, 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 the 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, exchange, and transport in any manner and at
any time migratory birds and parts thereof, and their nests and eggs for
scientific purposes without a permit, but no specimens shall be taken without
a permit. The plumage and skins of migratory game birds legally taken may
be possessed and transpox)rted by a person without a permit.
A taxidermist when authorized by a permit issued by the Secretary may
possess, buy, sell, exchange, and transport in any manner and at any time
migratory birds and parts thereof legally taken, or hlie may be limited to one or
more of these privileges.
E]arli permit shall be valid until revoked by the Secretary unless otherwise
specified therein, shliall not be transferable, and shall be revocable at the dis-
cretion of the Secretary. A permit duly revoked by the Secretary shall be sur-
rendered to him by the person to whom it was issued, on demand of any em-
ployee of the United States Department 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 the 10th day of
Januiiry during the life of the permit the number of skins, nests, or eggs of
each splecies colle-ted, bought, sold, exchanged, or transported during the pre-
vei.ling calendar year.
]v'ery p;a(cL;e in which migrntory birds or their nests or eggs are trans-
ported sli;dl have clearly and conspicuously marked on the outside thereof the
ii;i me and adldrvss of the sender, the number of the permit in every case when a
permit is required, the imIne and address of the consignee, a statement that it
contains speciin'ns of birds, their nests, or eggs for scientific purposes, and,
wlienever sucli a incknage is transported or offered for transportation from the
Diniinion of C;naida into the United States or from the United States into the
Do,,m1inion of ('ainada, an accurate statement of tihe contents.
[As amieitktd October 25, 1918, March 3, 1ij21, and June 11, 1923.]
B... .. BUREAU OF BIOLOGICArL SURVE.Y. 13
REGULATION 10.-PERMITS TO KILL MIGRATORY BIRDS INJI'RIOL'S TO PROPERTY.
W heni i fiif'iii.iliii i:-; furiji.-.1 'd it'he Str t-1 ry i:hat ;illy si,:'i'- of li0ri at, 'ry
bird hal h ue rin under ,\t( r;ini, liii;iry cOIldik ii',t -'rii' ..ly illjllriwls to :iri-
culture or if"ther iIere| s iln ;ily particular com)mIuMIity, anll illvesi.;itioii will
Ibe maiId, to dt'he-iinit' tlie lilatltre ani exr:rt of the iujijury wlie;tl-,.- tli'
:1lhg eil to h. il',ii." t1i1' I;I niilmt -. 1l, llld be kil,,1. andl, if "-, (duriii, w iit lim1 -s1
and 1,y wlhat li;.II:s. Ui1ii, 1 Iis dtr iiiiiatioii an allprt, privatee ,,r I,-r will bHe iI;!..l,.
REGULATION 11.-STATE LAWS FOR TIlE PAOT.CTION OF MIGRATORY ilI);.
Nothll -'i ill f1nr 'c 'ullwi,,'is sl8 ll In1 co.i l riled to 1,''lf it tle t:il~ i]i", pu;^.-
sionl, s;14. p rli'';in s', orf (:niiipI rt:itiii of mLi''r:it'ry ]ills. their !
fl, r thit, puri''st of giving, fIpri ;r Irote''!hIIo to) mir-r.toryv birds, their nIT:-[, ;ird
eLggs wheI l SIhi li h\s and l'*.-tlllaIillms are niot iInco'-it'-:it wvit i l. (-oTnv't1tion
lietw'vit lt' United St:ts ;:ind (Gireit lrirt,tin for the pIrotectioi (A' *ii-r.Itory
hiirds c.It'luh4d A\uL- i-t 16, 1916, or the migrat!ry bird treaty act and do not
CxtenId tie opl1en sa'Isis fo(r siucli birds beyond the d(lat prs. ri il. 1 by thc-
[Added by proclamation of (t'li_r Z.5, 1918, as aniidii 'I, July 9, 1920.]
OF Tills I'SI.Ir'AT,'' MAY BE PROCURED) FROM
TIlE -l I'I:INTI'NIlNT OF DOCUMENTS
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