S K ^■cS. LAWS StAtvtm T^ROtECtioN OF M^GrRAtoR iiRl)5 /) MD ^/l/Hf RBS>Emi %^^ Class Sl<3(^l Rook , H^ •a . -^ ^oo-^v>o , .<:^^_'3:!lj , j)z< z. PROTECTION OF MIGRATORY BIRDS AND GAME RESERVES LAWS AND REGULATIONS PUBLIC LAW No. 119— 56th Congress, 1st Session PUBLIC LAW No. 330 (Extract)— 60th Congress, 2d Session PUBLIC LAW No. 430 (Extract)-62d Congress, 3d Session Regulations for Protection of Migratory Birds, approved by the President October 1, 1913 PUBLIC LAW No. 186 -65th Congress PUBLIC LAW No. 219 (Extract)— 65th Congress Migratory Bird Treaty Act and Regulations Issued by the HOUSE DOCUMENT ROOM House of Representatives, Washington, D. 0. WASHINGTON GOVERNMENT PRINTING OFFICE 1920 Vl/C n Mo LIBRARY OF CONQRtSS REf'EIVED JAN10192t DOCUMENTS DIVISION PROTECTION OF MIGRATORY BIRDS AND GAME RESERVES. [Public, No. 119, Fifty-sixth Congress, first session.] AN ACT To enlarge the powers of the Department of Agriculture, prohibit the transportation by interstate commerce of game killed in violation of local laws, and for otlier purposes. Be it enacted hy the Senate and House of Representatives of the United States of America, in Congress assemhled, That the duties and powers of the DeiDartment of Agriculture are hereby enhirged so as to inchide the preservation, distribution, introduction, and restora- tion of game birds and other wild birds. The Secretary of Agri- cidttire is hereby authorized to adopt such measures as may be neces- sary to carry out the purposes of this act and to purchase such game birds and other wild birds as may be required therefor, subject, how- ever, to the laws of the various States and Territories. The object and purpose of this act is to aid in the restoration of such birds in those parts of the Ignited States adapted thereto where the same have become scarce or extinct, and also to regulate the introduction of American or foreign birds or animals in localities where they have not heretofore existed. The Secretary of Agricidture shall from time to time collect and publish usefid information as to the propagation, uses, and preserva- tion of such birds. And the Secretary of Agriculture shall make and publish all need- ful rules and regulations for carrying out the purposes of this act, and shall expend for such purposes such sums as Congress may appro- priate therefor. Sec. 2. That it shall be unlawful for any person or persons to import into the United States any foreign wild animal or bird except under special permit from the United States Department of Agricul- ture : Provided^ That nothing in this section shall restrict the im- portation of natural-history specimens for museums or scientific col- lections, or the importation of certain cage birds, such as domesticated canaries, parrots, or such other species as the Secretary of Agricul- ture may designate. The importation of the mongoose, the so-called " flying foxes " or fruit bats, the P^nglish sparrow, the starling, or such other birds or animals as the Secretary of Agriculture may from time to time de- clare injurious to the interests of agricidture or horticidture is hereby prohibited, and such species upon arrival at any of the ports of the United States shall be destroyed or returned at the expense of the owner. The Secretary of the Treasury is hereby authorized to make regulations for carrying into effect the provisions of this section. Sec. 3. That it shall be unlawful for any person or persons to deliver to any common carrier, or for any common carrier to trans- 4 PROTECTIOiS' OF MIGRATORY BIRDS AND GAME RESERVES. port from one State or Territory to another State or Territory, or from the District of Cohimbia or Alaska to any State or Territory, or from any State or Territory to the District of Cohimbia or Alaska, any foreign animals or birds the importation of which is prohibited, or the dead bodies or parts thereof of any wild animals or birds, where such animals or birds have been killed in violation of the laws of the State, Territory, or District in which the same were killed : Provided^ That nothino; herein shall prevent the transportation of any dead birds or animals killed during the season when the same may be lawfully captured, and the export of which is not prohibited by law in the State, Territory, or District in which the same are killed. Sec. 4. That all packages containing such dead animals, birds, or parts thereof, when shipped by interstate commerce, as provided in section one of this act, shall be plainly and clearly marked, so that the name and address of the shipper and the nature of the contents may be readily ascertained on inspection of the outside of such pack- •ages. For each evasion or violation of this act the shipper shall, upon conviction, pay a fine of not exceeding $200 ; and the consignee know^ingly receiving such articles so shipped and transported in violation of this act shall, upon conviction, pay a fine of not exceed- ing $200; and the carrier knowingly carrying or transporting the same, shall, upon conviction, pay a fine of not exceeding $200. Sec. 5. That all dead bodies, or parts thereof, of any foreign game animals, or game or song birds, the importation of which is prohib- ited, or the dead bodies, or parts thereof, of any wild game animals, or game or song birds transported into any State or Territory, or remaining therein for use, consumption, sale, or storage therein, shall upon arrival in such State or Territory be subject to the operation and effect of the laws of such State or Territory enacted in the exer- cise of its police powers, to the same extent and in the same manner as though such animals or birds had been produced in such State or Territory, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise. This act shall not prevent the importation, transportation, or sale of birds or bird plumage manufactured from the feathers of barnyard fowl. Approved, May 25, 1900. [Extract, Public, No. 330, Sixtieth Congress, second session. Approved Mar. 4, 1909.] For the enforcement of the act approved May twenty-fifth, nine- teen hundred, entitled "An act to enlarge the powers of the Depart- ment of Agriculture, prohibit the transportation by interstate com- merce of game killed in violation of local laws, and for other pur- poses," $9,420 ; For the maintenance of the Montana National Bison Range and other reservations for mammals and birds, $7,000; and so much of the $40,000 heretofore appropriated for the Montana National Bison Range as remains unexpended is hereby reappropriated, the same to be immediately available, to be expended in fencing said lands, the erection thereon of the necessary sheds and buildings, and enlarging the limits heretofore established so as to make the total acreage not to PROTECTION OF MIGRATORY BIRDS AND GAME RESERVES. 5 exceed twenty thousand acres, and the President is hereby directed to reserve and except from the unallotted lands now embraced within the Flathead Indian Eeservation, in the State of Montana, a sufficient area to enlarge said range as herein provided; For investigating the food habits of North American birds and mammals in relation to agriculture, horticulture, and forestry, in- cluding experiments and demonstrations in destroying noxious animals, $25,000; For biological investigations, including the relations, habits, geo- graphic distribution and migrations of animals and plants and the preparation of maps of the life and crop zones, $18,000. [Extract, Public, No. 430. Sixty-second Congress, third session. Approved Mar. 4, 1913.] For the enforcement of sections two hundred and forty-one, two hundred and forty-two. two hundred and forty-three, and two hun- dred and forty-four of the act approved March fourth, nineteen hundred and nine, entitled "An act to codify, revise, and amend the penal laws of the United States," and for the enforcement of section one of the act approved May twenty-fifth, nineteen hundred, entitled "An act to enlarge the powers of the Department of Agriculture, prohibit the transportation by interstate commerce of game killed in violation of local laws, and for other purposes, $16,000 ; For the maintenance of the Montana National Bison Eange and other reservations under supervision of the Biological Survey, in- cluding construction of fencing, wardens' quarters, shelter for ani- mals, landings, roads, trails, bridges, ditches, telephone lines, rock- work, bulkheads, and other improvements necessary for the economi- cal administration and protection of the reservations and for the enforcement of section eightj'^-four of the act approved March fourth, nineteen hundred and nine, entitled "An act to codify, revise, and amend the penal laws of the United States," $21,000, of which sum $2,500 may be used for the purchase, capture, and transportation of game for national reservations ; For the establishment and maintenance of a winter elk refuge in the State of Wyoming, $5,000, to be available until expended, and the Secretary of Agriculture is hereby authorized to include in said refuge and to inclose not more than one thousand acres of unoccupied public lands, which when selected shall be made to conform to the lines of the public surveys and shall be adjacent to or partly inclosed by said refuge ; For investigating the food habits of North American birds and mammals in relation to agriculture, horticulture, and forestry, in- cluding experiments and demonstrations in destroying noxious ani- mals, and for investigations and experiments in connection with rearing of fur-bearing animals, including mink and marten, $60,000, of which sum $15,000 shall be used for the destruction of ground squirrels on the national forests ; For bilogoical investigations, including the relations, habits, geo- graphic distribution, and migrations of animals and plants, and the preparation of maps of the life and crop zones, $15,000; 6 PROTECTION OF MIGRATORY BIRDS AND GAME RESERVES, For o;eneral administrative expenses connected with the above- mentioned lines of work, inchiding cooperation with other Federal bureaus, departments, boards, and commissions, on request from them, $14,000; All wild geese, wild swans, brant, wild ducks, snipe, plover, wood- cock, rail, wild pigeons, and all other migratory game and insectiv- orous birds which in their northern and southern migrations pass through or do not remain permanently the entire year within the borders of any State or Territory, shall hereafter be deemed to be within the custody and protection of the Government of the United States and shall iiot be destroyed or taken contrary to regulations hereinafter provided therefor. The Department of Agriculture is hereby authorized and directed to adopt suitable regulations to give effect to the previous paragraph by prescribing and fixing closed seasons, having due regard to the zones of temperature, breeding habits, and times and line of migra- tory flight, thereby enabling the department to select and designate suitable districts for different portions of the country, and it shall be unlaAvful to shoot or by any device kill or seize and capture migra- tory birds within the protection of this law during said closed sea- sons ; and any person who shall violate any of the provisions or regu- lations of this law for the protection of migratory birds shall be guilty of a misdemeanor and shall be fined not more than $100 or imprisoned not more than ninety days, or both, in the discretion of the court. The Department of Agriculture, after the preparation of said regulations, shall cause the same to be made public and shall allow a period of three months in Avhich said regulations may be examined and considered before final adoption, permitting, when deemed proper, public hearings thereon, and after final adoption shall cause the same to be engrossed and submitted to the President of the United States for approval : Provided, hoioever. That nothing herein con- tained shall be deemed to affect or interfere with the local laws of the States and Territories for the protection of nonmigratory game or other birds resident and breeding w^ithin their borders, nor to pre- vent the States and Territories from enacting laws and regulations to promote and render efficient the regulations of the Department of Agriculture provided under this statute. There is hereby appropriated, out of any mone3'S in the Treasury not otherwise appropriated, for the purpose of carrying out these provisions, the sum of $10,000. REGULATIONS FOR THE PROTECTION OF MIGRATORY BIRDS. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas an act of Cono;ress approved March fourth, nineteen hun- dred and thirteen, entitled "An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and fourteen" (37 Stat., 847), contains provisions as follows: All wild geese, wild swans, brant, wild ducks, snipe, plover, woodcock, rail, wild pigeons, and all other migratory game and insectivorous birds which in . their northern and southern migrations pass through or do not remain per- manently the entire year within the borders of any State or Territory, shall hereafter be deemed to be within the custody and protection of the Government of the United States, and shall not be destroyed or taken contrary to regulations hereinafter provided therefor. The Department of Agriculture is hereby authorized and directed to adopt suitable regulations to give effect to the previous paragraph by prescribing and fixing closed seasons, having due regard to the zcjnes of temperature, breeding habits, and times and line of migratory flight, thereby enabling the department to select and designate suitable districts for different portions of the country, and it shall be unlawful to shoot or by any device kill or seize and capture migratory birds within the protection of this law during said closed seasons, and any person who shall violate any of the provisions or regulations of this ' law for the protection of migratory birds shall be guilty of a misdemeanor and shall be fined not more thiin $100 or imprisoned not more than ninety .days, or both, in the discretion of the court. The Department of Agriculture, after the preparation of said regulations, shall cause the same to be made public, and shall allow a period of three months in which said regulations may be examined and considered before final adoption, permitting, when deemed proper, public hearings thereon, and after final adop- tion shall cause the same to be engrossed and submitted to the President of the United States for approval: Provided, hotvever, That nothing herein contained shall be deemed to affect or interfere with the local laws of the States and Territories for the protection of nonmigratory game or other birds resident and breeding within their borders, nor to prevent the States and Territories from enacting laws and regulations to promote and render efticient the regulations of the Department of Agriculture provided under this statute. Whereas the Department of Agriculture has duly prepared suitable regulations to give effect to the foregoing provisions of said act, and after the preparation of said regulations has caused the same to be made public and has allow^ed a period of three months in which said regulations might be examined and considered before final adoption, and has permitted public hearings thereon; And whereas the Department of Agriculture has adopted the regu- lations hereinafter set forth and, after final adoption thereof, has caused the same to_i)e engrossed and submitted to the President of the United States for approval ; 7 8 PROTECTION OF MIGRATORY BIRDS AND GAME RESERVES. Now, therefore, I, Woodrow Wilson, President of the United States of America, by authority in me vested, do hereby proclaim and make known the following regulations for carrying into effect the foregoing provisions of said act : Regulation 1. — Definitions. For the purposes of these regulations the following shall be con- sidered migratory game birds: {a) Anatidse or waterfowl, including brant, wild ducks, geese, and swans. {h) Gruidae or cranes, including little brown, sandhill, and whoop- ing cranes. (akota, South Dakota, and Wisconsin the closed season shall be between December 1 and September 7 ; and In Oregon and Washington the closed season shall be between December 16 and October 1. Regulation 9. — Closed seasons in zone No. 2. Closed seasons in zone No. 2 shall be as follows : Waterfotvl. — The closed season on waterfowl shall be between January 16 and October 1 next following, except as follows : Exceptions. — In Delaware, Maryland, Virginia, North Carolina, Alabama, Mississippi, Louisiana, and Texas the closed season shall be between Febru- ary 1 and November 1 ; In the District of Columbia, Kansas, New Mexico, and West Virginia the closed season shall be between December 16 and Seiitember 1 ; In Florida, Georgia, and South Carolina the closed season shall be between February 16 and November 20; In Missouri and Nevada the closed season shall be between January 1 and September 15 ; and In Arizona and California the closed season shall be between February 1 and October 15. Ralls. — The closed season on rails, coots, and gallinules shall be between December 1 and September 1 next following, except as follows : Exceptions. — In Tennessee and Utah the closed season shall be between De- cember 1 and October 1 ; PKOTECTION" OF MIGRATORY BIRDS AND GAMh. ^tt^j^j^yeS 11 In Missouri the closed season siiall be between January 1 and September i^, In Louisiana the closed season shall be between February 1 and November 1 ; and In Arizona and California the closed season on coots shall be between Feb- ruary 1 and October 15. Woodcock. — The closed season on woodcock shall be between January 1 and November 1, except as follows : Exceptions. — In Delaware and Louisiana the closed season shall be between January 1 and November 15. In West Virginia the closed season shall be between December 1 and October 1 ; and In Georgia the closed season shall be between January 1 and December 1. Shore Mrcls. — The closed season on black-breasted and golden plover, jacksnipe or Wilson snipe, and greater and lesser yellowlegs shall be between December 16 and Se^Dtember 1 next following, ex- cept as follows : Exceptions. — In Florida, Georgia, and South Carolina the closed season shall be between February 1 and November 20. In Alabama, Louisiana, Mississippi, and Texas the closed season shall be between February 1 and November 1. In Tennessee the closed season shall be between December 16 and October 1. In Arizona and California the closed season shall be between February 1 and October 15 ; and In Utah the closed season on snipe shall be between December 16 and October 1, and on plover and yellowlegs shall be until September 1, 1918. Regulations 10. — Hearings. Persons recommending changes in the regulations or desiring to submit evidence in person or by attorney as to the necessity for such changes shoidd make application to the Secretary of Agriculture. Whenever possible hearings will be arranged at central points, and due notice thereof given by publication or otherwise as may be deemed appropriate. Persons recommending changes should be pre- pared to show the necessity for such action and to submit evidence other than that based on reasons of personal convenience or a desire to kill game during a longer open season. In witness whereof 1 have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington, this first day of October, in the year of our Lord one thousand nine hundred and thirteen [seal.] and of the independence of the United States the one hundred and thirty-eighth. WooDROw Wilson, By the President : W. J. Bryan, /Secretary of State, MIGRATORY BIRD TREATY ACT. [Public, No. 18G, 65th Congress. S. 1553.] AN ACT To give effect to the convention between tiie United States and Great Bi-itain for tlie protection of migratory birds concluded at Washington, August sixteenth, nineteeen hundred and sixteen, and for otlier purposes. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assemhled^ 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 hereinafter provided, it shall be unlawful to hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, 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 carriage, or export, at any time or in any manner, any migratory bird, included in the terms of the convention between the United States and Great Britain for the protection of migratory birds concluded August sixteenth, nineteen hundred and sixteen, or any part, nest, or egg of any such bird. Sec. 3. That subject to the provisions and in order to carry out the purposes of the convention, the Secretary of Agricultitre is au- thorized and directed, from time to time, having due regard to the zones of temperature and to the distribution, abundance, economic value, breeding habits, and times and lines of migratory flight of such birds, to determine when, to what extent, if at all, and l)y what means, it is compatible with the terms of the convention to allow hunting, taking, capture, killing, possession, sale, purchase, shipment, trans- portation, carriage, or export of any such bird, or any part, nest, or ^gg thereof, and to adopt suitable regulations permitting and govern- ing the same, in accordance with such determinations, which regula- tions shall become effective when approved by the President. Sec. 4. That it shall be imlawful to ship, transport, or carry, by any means wliatever, from one State, Territory, or District to or through another State, Territory, or District, or to or through a foreign country, any bird, or any part, nest, or egg thereof, captured, killed, taken, shipi)ed, transported, or carried at any time contrary to the laws of the State, Territory, or District in which it was captured, killed, or taken, or from Avhich it was shipped, transported, or carried. It shall be unlaAvful to import any bird, or any part, nest, or egg thereof, ca})tured, killed, taken, shipped, transported, or carried con- trary to the laws of any Province of the Dominion of Canada in which tlie same was captured, killed, or taken, or from which it was shipped, transported, or carried. 12 PROTECTION OF MIGRATORY BIRDS AND GAME RESERVES. 13 Sec. 5. That any employee of the Department of Afjriculture au- thorized by the Secretary of Agriculture to enforce the provisions of this act shall have power, Avithout warrant, to arrest any person committing a violation of this act in his presence or view 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 competent jurisdiction for the enforcement of the provisions of this act; and shall have authority, with a search warrant, to search any place. The several judges of the courts established under the laws of the_ United States, and United States commissioners may, within their respective jurisdictions, upon proper oath or affirmation show- ing probable cause, issue warrants in all such cases. All birds, or parts, nests, or eggs thereof, captured, killed, taken, shipped, trans- ported, carried, or possessed contrary to the provisions of this act or of any regulations made pursuant thereto shall, wdien found, be seized by any such employee, or by any marshal or deputy marshal, and, upon conviction of the offender or upon judgment of a court of the United States that the same were captured, killed, taken, shipped, transported, carried, or possessed contrary to the provisions of this act or of any regulation made pursuant thereto, shall be forfeited to the United States and disposed of as directed by the court having jurisdiction. Sec. 6. That any jjerson, association, partnership, or corporation who shall violate any of the provisions of said convention or of this act, or who shall violate or fail to comply with any regulation made pursuant to this act, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 or be im])risoned not more than six months, or both. Sec. 7. That nothing in this act shall l>e construed to prevent the scA^eral States and Territories from making or enforcing laws or regulations not inconsistent with the provisions of said convention or of this act, or from making or enforcing laws or regulations which shall give further protection to migratory birds, their nests, and eggs, if such laws or regulations do not extend the open seasons for such birds beyond the dates approved by the President in accordance with section three of this act. 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 exclusively for scientific or propagating pur- poses may be taken, captured, killed, ])ossessed, sold, purchased, shipped, and transported for such scientific or propagating purposes if and to the extent not in conflict with the laws of the State, Terri- tory, or District in which they are taken, captured, killed, possessed- 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 cl-early 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 agricultural appropriation acts for the fiscal years nineteen hundred and seventeen and nineteen hundred and eighteen, for en- 14 PROTECTION OF MIGRATORY BIRDS AND GAME RESERVES. forcin^^ the provisions of the act approved March fourth, nineteen hnndrecl and thirteen, rehiting to the protection of migratory game and insectivorous birds, are hereby reappropriated and made avail- able until expended for the expenses of carrying into effect the pro- visions of this act and regulations made pursuant thereto, including the payment of such rent, and the employment of such persons and means, as the Secretary of Agriculture may deem necessary, in the District of Columbia and elsewhere, cooperation with local authorities in the protection of migratory birds, and necessary investigations connected therewith : Provided^ That no person Avho is subject to the draft for service in the Army or Navy shall be exempted or excused from such service by reason of his employment under this act. Sec. 10. That if any clause, sentence, paragraph, or part of this act shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its opera- tion 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 pro- visions of this act are nereby repealed. Sec. 12. Nothing in this act shall be construed to prevent the breeding of migratory game birds on farms and preserves and the sale of birds so bred under proper regulation for the purpose of increasing the food supply. Sec. 13. That this act shall become effective immediately upon its passage and approval. Approved, Jul}^ 3, 1918. i . k, [Extract from Public No. 210, 65th Cong.] For all necessary expenses for enforcing the provisions of the act approved March fourth, nineteen hundred and thirteen (Thirty- seventh Statutes at Large, pages eight hundred and forty-seven and eight hundred and forty-eight), relating to the protection of migra- tory game and insectivorous birds, and any act of Congress to give effect to the treaty with Great Britain relating to migratory birds, and for cooperation with local authorities in the protection of migra- tory birds, and for necessary investigations connected therewith, $50,000. All wild geese, wild swans, brant, wild ducks, snipe, plover, wood- cock, rail, wild pigeons, and all other migratory game and insectiv- orous birds which in their northern and southern migrations pass through or do not remain permanently the entire year within the borders of any State or Territory, shall hereafter be deemed to be within tlie custody and protection of the (Tovernment of the United States, and shall not be destroyed or taken contrary to regulations hereinafter provided therefor. The Department of Agriculture is hereby authorized and directed to adopt suitable regulations to give effect to the previous paragraph by prescribing and fixing closed seasons, having due regard to the zones of temperature, breeding habits, and times and line of migra- PROTECTION OF MIGRATORY BIRDS AND GAME RESERVES. 15 tory flight, thereby enabling the department to select and designate suitable districts for different portions of the country, and it shall be unlawful to shoot or by any device kill or seize and capture migra- tory birds within the protection of this law during said closed seasons, and any person who shall violate any of the provisions or regulations of this law for the protection of migratory birds shall be guilty of a misdemeanor and shall be fined not more than $100 or imprisoned not more than ninety days, or both, in the discretion of the court. The Department of Agriculture, after the preparation of said regu- lations, shall cause the same to be made public, and shall allow a period of three months in which said regulations may be examined and considered before final adoption, permitting, when deemed proper, public hearings thereon, and after final adoption shall cause the same to be engrossed and submitted to the President of the United States for approval: Provided^ however, That nothing herein con- tained shall be deemed to affect or interfere with the local laws of the States and Territories for the protection of nonmigratory game or other birds resident and breeding within their borders, nor to pre- vent the States and Territories from enacting laws and regulations to promote and render efficient the regulations of the Department of Agriculture provided under this statute There is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, for the purpose of carrying out these provisions, the sum of $10,000. SERVICE AND REGULATORY ANNOUNCEMENTS. Migratory bird treaty, act, and regulations ^ — Convention between tlie United States and Great Bi-itain for the protection of migratory birds in the United States and Canada." [39 Stat, 1702.] BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas a convention between the United States of America and the United Kingdom of Great Britain and Ireland for the protection of migratory birds in the United States and Canada was concluded and signed by their respective plenipotentiaries at Washington on the sixteenth day of August, one thousand nine hundred and sixteen, the original of which convention is word for word as follows : Whereas many species of birds in the course of their annual migra- tions traverse certain parts of the United States and the Dominion of Canada; and Whereas many of these species are of great value as a source of food or in destroying insects which are injurious to forests and forage plants on the public domain, as well as to agricultural crops, in both the United States and Canada, but are nevertheless in danger of 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, Emj^eror of India, being desirous of saving from indiscriminate slaughter and of insuring the preserva- tion of such migratory birds as are either useful to man or are harm- less, have resolved to adopt some uniform system of protection which shall effectively accomplish such objects and to the end of concluding 1 Including amendments of the regulations approved October 25, 1918, and July 28, 1919. i^This treaty was signed on August l'>, ratified by the Senate August 29, by the Presi- dent September 1, and by Great Britain October 20 ; ratifications thereof were exchanged December 7, and it was proclaimed by the President December 8, 1916. Canada, by an act of Parliament approved August 29, 1917, gave full effect to this convention, and promulgated regulations thereunder May 11, 1918. The Constitution of the United States contains the following provisions in i-egard to treaties : " This Constitution, and he laws of the United States which shall be made in pursuance thereof ; and all treaties made, or which shall be made, under the authority of the United States shall be the supreme 'aw of the land : and the judges in every State shall bo bound thereby, anything in the constitution or laws of any State to the contrary not» withstanding." (ArL VI, par. 2.) 16 PROTECTIOISr OF MIGRATORY BIRDS AKD GAME RESERVES. 17 a convention for this purpose have appointed as their respective Plenipotentiaries : The President of the United States of America, Robert Lansing, Secretary of State of the United States : and His Britannic Majesty, the Right Honorable Sir Cecil Arthur Spring Rice, G. C. V. O., K. C. M. G., etc.. His Majesty's ambassador extraordinary and plenipotentiary at Washington; Who, after having communicated to each other their respective full powers which were found to be in due and proper form, have agreed to and adopted the following articles : Article I. The high contractinji powers declare that the migratory birds included in the terms of this convention shall be as follows : 1. Migratory game birds : (a) Anatidae or waterfowl, including brant, wild ducks, geese, and swans, (ft) Gruidae or crai'.es, including little brown, sandhill, and whooping cranes. (c) Rallidae or rails, including coots, gallinules and .sora and other rails. (d) Limicolae or shorebirds, including avocets, curlew, dowitchers, godwits, knots, oyster catchers, phalaropes, plovers, sandpipers, snipe, stilts, surf birds, turnstones, willet, woodcock, and yellowlegs. (e) Columbidea or pigeons, including doves and wild pigeons. 2. Migratory insectivorous birds: Bobolinks, catbirds, chickadees, cuckoos, flickers, flycatchers, grosbeaks, humming birds, kinglets, martins, meadowlarks, nighthawks or bull bats, nut-hatches, orioles, robins, shrilves, swallows, swifts, tanagers, titmice, thrushes, vireos, warblers, wax-wings, whippoorwills, wood- peckers, and wrens, and all other perching birds which feed entirely or chiefly on insects. 3. Other migratory nongame birds : Auks, auklets, bitterns, fulmars, gannets, grebes, guillemots, gulls, herons, jaegers, loons, murres, petrels, puffins, shear- waters and terns. Article II. The high contracting powers agi'ee that, as an effective means of preserving migratory birds there shall be established the following close seasons, during which no hunting shall be done except for scientific or propagating purposes lUKler permits issued by proper authorities. 1. The close season on migratory game birds shall be between March 10 and September 1, except that the close season on the Limicolae or shorebirds in the Maritime Provinces of Canada and in tliose States of the United States border- ing on the Atlantic Ocean which are situated wholly or in part north of Chesa- peake Bay shall be between February l and August 15, and that Indians may take at any time scoters for food but not for sale. The season for hunting shall be further restricted to such period not exceeding three and one-half months as the high contracting powers may severally deem appropriate and define by law or regulation. 2. The close season on migratory insectivorous birds shall continue through- out tlie year. 3. The close season on other migratory nongame birds shall continue through- out the year, except that Eskimos and Indians may take at any season auks, auklets, guillemots, murres and puffins, and their eggs, for food and their skins for clothing, but the birds and eggs so taken shall not be sold or offered for sale. Article III. The high contracting powers agree that during the period of ten years next following the going into effect of this convention, there shall be a continuous close .s-eason on the following migratory game birds, to wit: Band-tailed pigeons, little brown, sandhill and whooping cranes, swans, curlew and all shorebirds (except the black-breasted and golden plover. Wilson or jacksnipe, woodcock, and the greater and lesser yellowlegs) ; provided that during such ten years the close season on cranes, swans, and curlew in the 18 PROTECTION OF MIGRATORY BIRDS AND GAME RESERVES. Province of British Columbia sliall be made by the proper authorities of that Province within tlie general dates and limitations elsewhere prescribed in this; convention for the respective groups to which these birds belong. Article IV. The high contracting powers agree that special protection shall be given the wood duck and the eider duck either (1) by a close season extending over a period of at least five years, or (2) by the establishment of refuges, or (3) by such other 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. Article VI. The high contracting powers agree that the shipment or export of migratory birds or their eggs from any State or Province, during the continuance of the close season in such State or Province, shall be prohibited except for 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 biixls transported, or offered for trans- portation 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 conditions, may 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 therefor by them re- spectively, 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 bodies, the necessary measures for insuring the execution of the present convention. Article IX. The present convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by His Britannic Majesty. The ratifications shall be exchanged at Washington as soon as possible and the convention shall take effect on the date of the exchange of the ratifications. It shall remain in force for fifteen years, and in the event of neither of the High Contracting Powers having given notification, twelve months before the expiration of said period of fifteen years, of its intention of terminat- ing its operation, the convention shall continue to rem-ain in force for one year and so on from year to year. In faith whereof, the respective plenipotentiaries have signed the present convention in duplicate and have hereunto affixed their seals. Done at Washington this sixteenth day of August, one thousand nine hundred and sixteen. Robert Lansing. [seal.] Cecil Spring Rice, [seal.] PROTECTION OF MIGRATORY BIRDS AND GAME RESERVES. 19 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 thou- sand nine hundred and sixteen; Now, therefore, be it known that I, Woodrow Wilson, President of the United States of America, have caused the said convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony \ hereof, 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, [seal.] and of the Independence of the United States of America the one hundred and forty-first. Woodrow Wilson. By the President : Robert Lansing, ^Secretary of State, MIGRATORY BIRD TREATY ACT REGULATIONS. [The following resulations are as approved and promulgated by the President, July 31, 1018, and amended Oct. 25, 1918, and July 28, 1919.] 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, conchided August 16, 1916, are as follows : 1. Migratory game birds: {a) Anatidae, or waterfowl, including brant, wild ducks, geese, and swans. {b) Gruidae, or cranes, including little brown, sandhill, and whoop- ing cranes. (c) Rallidae, or rails, including coots, gallinules, and sora and other rails. {d) Limicolae, or shorebirds, including avocets, curlews, dow- itchers, godwits, knots, oyster catchers, phalaropes, plovers, sand- pipers, snipe, stilts, surf birds, turnstones, willet, woodcock, and yellowlegs. {e) Columbidae, or pigeons, including doves and wild pigeons. 2. Migratory insectivorous birds: Bobolinks, catbirds, chickadees, cuckoos, flickers, flycatchers, grosbeaks, hummingbirds, kinglets, martins, meadowlarks, nighthawks or bull-bats, nuthatches, orioles, robins, shrikes, swallows, sw^ifts, tanagers, titmice, thrushes, vireos, w^arblers. Avaxwings, whippoorwills, woodpeckers, and wrens, and all other perching birds which feed entirely or chiefly on insects. 3. Other migratory nongame birds: Auks, auklets, bitterns, ful- mars, gannets, grebes, guillemots, gulls, herons, jaegers, loons, murres, petrels, puffins, shearwaters, and terns. Regulation 2. — Defnitions of terms. For the purposes of these regulations the following terms shall be construed, respectively, to mean — Secretanj. — The Secretary of Agriculture of the United States. Person. — The plural or the singular, as the case demands, includ- ing individuals, associations, partnerships, and corporations, unless the context otherwise requires. Tal'e. — The pursuit, hunting, capture, or killing of migratory birds in the manner and by the means specifically permitted. Open season. — The time during which migratory birds ma}^ be taken. Transport. — Shipping, transporting, carrying, exporting, receiv- ing or delivering for shipment, transportation, carriage, or export. 20 PROTECTION OF MIGRATORY BIRDS AND GAME RESERVES, 21 Regulation 3. — Means hy ivhich migratory game birds may he taken. The migratory game birds specified in Regulation 4 hereof may be taken during the open season with a gun only, not larger than num- ber 10 gauge, fired from the shoulder, except as specifically per- mitted by Regulations 7, 8, 9, and 10 hereof; they may be taken during the open season from the land and water, from a blind or floating device (other than an airplane, power boat, sailboat, any boat under sail, or any floating device towed by powerboat or sailboat), with the aid of a dog, and the use of decoys. [As amended July 28, 1919.] Regulation 4. — Ojyen seasons on and possession of certain migratory game hirds. For the purpose of this regulation, each period of time herein pre- scribed 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, gallinules, black bellied and golden plovers, greater and lesser yel- lowlegs, woodcock, Wilson snipe or jacksnipe, and mourning and white-winged doves may be taken each day from half an hour before sunrise to sunset during the open seasons prescribed therefor in this regulation, by the means and in the numbers permitted by Regula- tions 3 and 5 hereof, respectively, and when so taken, each species may be possessed any day during the respective open seasons herein prescribed therefor and for an additional period of 10 days next succeeding said open season. Waterfowl {except wood duck, eider duck, and stvans), coot, galli- nules, and Wilson snipe or jacksnipe. — The open seasons for water- fowl (except wood duck, eider ducks, and swans), coot, gallinules, and Wilson snipe or jacksnipe shall be as follows: In Maine, Ncav Hampshire, Vermont, Massachusetts, New York (except Long Island), Pennsylvania, Ohio, West Virginia, Ken- tucky, Indiana, Michigan, Wisconsin, Illinois, Minnesota, Iowa, Mis- souri, North Dakota, South Dakota, Nebraska, Kansas, Colorado, Wyoming, Montana, Idaho, Nevada, and that portion of Oregon and Washington lying east of the summit of the Cascade Mountains the open season shall be from September 16 to December 31 ; In Rhode Island, Connecticut, Utah, and that portion of Oregon and Washington lying west of the summit of the Cascade ^fountains the open season shall be from October 1 to January 15 ; In that portion of New York known as Long Island, and in Ncav Jersey, Delaware, Oklahoma, Texas, New ]Mexico, Arizona, and California the open season shall be from October 16 to January 31 ; In Maryland, the District of Columbia, Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, ^lississippi. Tennessee, Arkansas, and Louisiana the open season shall be from November 1 to January 31 ; and In Alaska the open season shall be from September 1 to Decem- ber 15. 22 PROTECTION OF MIGRATORY BIRDS AND GAME RESERVES. Rails {except coot and gallirmles). — 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 Jan- uary 31. Black-heUied and golden plovers and greater and lesser yellow- legs. — The open seasons for black-bellied and golden plovers and greater and lesser yellowlegs shall be as follows : In Maine, NeAv Hamsphire, Massachusetts, Rhode Island, Con- necticut, New York, New Jersey, Delaware, Maryland, and Virginia the open season shall be from August 16 to November 30; In the District of Columbia, North Carolina, South Carolina, Ten- nessee. Arkansas, Oklahoma, Texas, Ncav Mexico, Arizona, Califor- nia, and Alaska the open season shall be from September 1 to De- cember 15 ; In Vermont, Pennsylvania, Ohio, West Virginia, Kentucky, In- diana, Michigan, Wisconsin, Illinois, Missouri, low^a, Minnesota, North Dakota, South Dakota, Nebraska, Kansas, Colorado, Wyo- ming. Montana, Idaho, Nevada, and that portion of Oregon and Washington lying east of the summit of the Cascade Mountains the open season shall be from September 16 to December 31 ; In Utah and in that portion of Oregon and Washington lying west of the summit of the Cascade Mountains the open season shall be from October 1 to January 15 ; and In Georgia, Florida, Alabama, Mississippi, and Louisiana the open season shall be from November 1 to January 31. ^yoodcock. — The open seasons for woodcock shall be as follows : In ]\Iaine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jerse}^, Pennsylvania, Ohio, West Vir- ginia, Kentucky, Indiana, Michigan, Wisconsin. Illinois, Missouri, Iowa, Minnesota, North Dakota, South Dakota, Nebraska, and Kan- sas the open season shall be from October 1 to November 30 ; and In Delaware. Maryland, the District of Columbia, A^irginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Tennessee, Arkansas, Louisiana, Texas, and Oklahoma the open season shall be from November 1 to December 31. Doves. — The open seasons for mourning doves shall be as follows: In Delaware, Maryland, Virginia, Tennessee, Kentucky, Ohio, In- diana, Illinois, Nebraska, Kansas, Missouri, Arkansas, Oklahoma, Texas, New Mexico, Colorado, Utah, Arizona, California, Nevada, Idaho, and Oregon the open season shall be from September 1 to December 15 ; In North Carolina, Mississippi, and Louisiana the open season shall be from September 16 to December 31 ; and In South Carolina, Georgia, Florida, and Alabama the open season shall be from October 16 to January 31. [As amended Oct. 25, 1918, and July 28, 1919.] Regulation 5. — Bag limits on certain migratory game hirds. A person may take in any one day during the open seasons pre- scribed therefor in Regulation 4 not to exceed the following numbers of migratory game birds: PROTECTION OF MIGRATORY BIRDS AND GAME RESEP^-ES. 23 Duels {except wood duck and eider ducks). — Twenty-five in the agcrregate of all kinds. Geese. — Eight in the aggregate of all kinds. Brant. — Eight. Rails., coot, and gcdllnules {except sora). — Twenty-five in the ag- gregate of all kinds. Sora. — Fifty. Black-bellied and golden plovers and greater and lesser yellow- legs. — Fifteen in the aggregate of all kinds, Wilson snipe, or jacdi snipe. — TAventy-five. Woodcock. — Six. Doves {mourning). — Twenty-five. [As amended Oct. 25, 1918, and July 28, 1919.] I^EGULATioN 6. — SMjmient and trans po?'tation of certain migratory game birds. Waterfowl (except wood duck, eider ducks, and swans), rails, coot, gallinules, black-bellied and golden plovers, greater and lesser yel- lowlegs, woodcock, Wilson snipe or jacksnipe, and mourning "and white-winged doves and parts thereof legally taken mav^ be trans- ported in or out of the State Avhere taken during the respective open seasons in that State, and inay be imported from Canada during the open season in the Province where taken, in any manner, but not more than the number thereof that may be taken in two days by one person under these regulations shall be transported by one person in one calendar week out of the State wdiere taken ; any such migra- tory game birds or parts thereof in transit during the open season ma}' continue in transit such additional time immediately succeeding such open season, not to exceed five days, necessary to deliver the same to their destination ; and any package in which migratory game birds or parts thereof are transported shall have the name and address of the shij^per and of the consignee and an accurate statement of the numbers and kinds of birds contained therein clearly and conspicu- ously marked on the outside thereof; but no sucli birds shall be trans- ported from any State, Territory, or District to or through another State, Territory, or District, or to or through a Province of the Do- minion of Canada contrary to the laves 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 sucli birds be transported into any State, Territory, or District from another State, Territory, or District, or from any State, Territory, or District into any Province of the Dominion of Canada at a time when such State, Territory, or District, or Province of the Dominion of Canada prohibits the possession or transportation thereof. [As amended October 25, 1918.] Eegulation T. — Taking of certain migratory nongame birds by Es- kimos and Indians in Alaska. In Alaska Eskimos and Indians may take for the use of themselves and their immediate families, in any manner and at any time, and possess and transport auks, auklets,' guillemots, murres,"and puffins and their eggs for food, and their skins for clothing. 24 PROTECTION OF MIGRATORY BIRDS AND GAME RESERVES. Regulation 8. — Permits to propagate and sell migratory waterfoiol. 1. A person may take in any manner and at any time migratory waterfowl and their eggs for propagating purposes when authorized by a permit issued by the Secretary. Waterfowl and their eggs so taken may be possessed by the permittee and may be sold and trans- ported by him for propagating purposes to any person holding a per- mit issued by the Secretary in accordance with the provisions of this regulation. 2. A person authorized by a permit issued by the Secretary may possess, buy, sell, and transport migratory waterfowl and their in- crease and eggs in any manner an*d at any time for propagating pur- poses ; and migratory waterfowl, except the birds taken under para- graph 1 of this regulation, so possessed may be killed by him at any time, in any manner, except that they maj^ be killed by shooting only during the open season for waterfowl in the State where taken, and the unplucked carcasses and the plucked carcasses, with heads and feet attached thereto, of the birds so killed may be sold and trans- ported by him in any manner and at any time to any person for actual consumption, or to the keeper of a hotel, restaurant, or board- ing house, retail dealer in meat or game, or a club, for sale or service to their patrons, who may possesses such carcasses for actual con- sumption without a permit, but after midnight of March 31, 1919,' no migratory waterfowl killed by shooting shall be bought or sold unless each bird before attaining the age of four weeks shall have had removed from the web of one foot a portion thereof in the form of a " V " large enough to make a permanent well-defined mark which shall be sufficient to identify them as birds raised in domestication under a permit. 3. Any package in which such waterfowl or parts thereof or their eggs are transported shall have plainly and conspicuously marked on the outside thereof the name and address of the permittee, the num- ber of his permit, the name and address of the consignee, and an accurate statement of the number and kinds of birds or eggs con- tained therein. 4. Applications for permits must be addressed to the Secretary of Agriculture, Washington, D. C, and must contain the following information : Name and address of applicant ; place where the busi- ness is to be carried on ; number of acres of land used in the business and whether owned or leased by the applicant ; number of each spe- cies of waterfowl in possession of applicant; names of species and numlier of birds or eggs of each species if permission is asked to take waterfowl or their eggs ; and the particular locality where it is desired to take such waterfowl or eggs. 5. A person granted a permit under this regulation shall keep books and records which shall correctly set forth the total number of each species of waterfowl and their eggs possessed on the date of application for the permit and on the 1st day of January next fol- lowing ; also .for the calendar year for which permit was issued the total number of each species reared and killed, number of each species and their eggs sold and transported, manner in which such water- fowl and eggs were transported, name and address of each person from or to whom waterfowl and eggs were purchased or sold, to- PROTECTION OF MIGRATORY BIRDS AND GAME RESERVES. 25 jijether with number and species and whether sold alive or dead ; and the date of each transaction. A Avritten report correctly settin'j; forth this information shall be furnished the Secretary during the month of January next following the issuance of the permit. 6. A permittee 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 permittee relating thereto. 7. Permits issued under this regulation shall be valid only during the calendar year of issue, shall not be transferable, and may be re- voked by the Secretary if the permittee violates any of the provisions of the migratory bird treaty act or of the regulations thereunder. 8. A jDerson engaged in the propagation of migratory waterfowl on the date on wdiich these regulatioir; become effective will be allowed until September 30, 1918, to apply for the }^>ermit required by this regulation, but he shall not take any migratory waterfowl without a permit. [As amended Oct. 25, 1918.] Regulation 9. — Permits to collect migratory 'birds for scientific 2)urposes. 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 ex- hibited to any person requesting to see the same. Application for a permit must be addressed to the Secretary of Agriculture, Washington, D. C, and must contain the following in- formation : Name and address of applicant and name of State, Ter- ritory, or District in which specimens are proposed to be taken and the purpose for which they are intended. Each application shall be accompanied by certificates from two well-know^n ornithologists that the applicant is a fit person to be intrusted with a permit. The permit will authorize the holder thereof to possess, bu}^ sell, and transport in any manner and at any time migratory birds, parts thereof, and their nests and eggs for scientific purposes. Public museums, zoological parks and societies, and public scientific and educational institutions may possess, buy, sell, and transport in any manner and at any time migratory birds and parts thereof, and their nests and eggs, for scientific purposes without a permit, but no speci- mens shall be taken Avithout a permit. The plumage and skins of migratory game birds legally taken may be possessed and transported by a person without a permit. A taxidermist when authorized by a permit issued by the Secretary may possess, buj^, sell, and transport in any manner and at any time migratory birds and parts thereof legally taken. Permits shall be valid only during the calendar year of issue, shall not be transferable, and shall be revocable in the discretion of the Secretary. A i^ei-son holding a permit shall report to the Secretary on or before January 10 following its expiration the number of skins, nests, or eggs of each species collected, bought, sold, or transported. 26 PROTF.CTIOISr OF MIGRATORY BIRDS AND GAME RESERVES. Every packa