LIBRARY FLORIDA EX1 «« UAlNliSVILLki, FLORIDA ft. R. A.— B. s. 73 Issued October, ioao United States Department of Agriculture BUREAU OF BIOLOGICAL SUKVEY SERVICE AND REGULATORY ANNOUNCEMENTS NO. 73 LAWS AND REGULATIONS FOR THE ADMINISTRATION OF FEDERAL WILD-LIFE REFUGES CONTENTS Page Regulations for tho administration of refuge areas 1 Law protecting wild life on Federal refuges 3 Extracts from the migratory bird conservation acl .'< Regulations governing bunting on national forests E> Act regulating fires on public domain 6 REGULATIONS FOR ADMINISTRATION OF (1) AREAS WHEN AC- QUIRED UNDER THE MIGRATORY BIRD CONSERVATION ACT; (2) PRESERVES OR RESERVATIONS ESTABLISHED OR WHEN ESTAB- LISHED BY EXECUTIVE ORDER FOR USE OF THE DEPARTMENT OF AGRICULTURE AS REFUGES AND BREEDING GROUNDS FOR NATIVE BIRDS (EXCEPT THE ALEUTIAN ISLANDS AND NUNIVAK ISLAND RESERVATIONS IN ALASKA); AND (3) NATIONAL BISON RANGE (MONT.), NIOBRARA RESERVATION (NEBR.), SULLYS HILL NATIONAL GAME PRESERVE (N. DAK.), WIND CAVE NA- TIONAL GAME PRESERVE (S. DAK.), AND ELK REFUGE (WYO.) Pursuant to section 10 of the migratory bird conservation act of February is. 1929 (45 Stat. 1222), the act of June 28, 1906, as amended April 15, 1924, to pro- tect wild life and property on Federal reservations (43 Stat. 98; U. S. Code. title 18, sec. 145), and otherwise, the following regulations are hereby prescribed. effective May 15, 1930, for the administration of the areas, preserves, reserva- tions, and refuges specified in the caption hereof and hereinafter referred to as "reservations " : Regulation 1. — Entry upon Reservations Entry upon the reservations unless otherwise provided shall be only under appropriate permit issued for the purpose. Permits, however, will not be required of any person : For admission to the headquarters of the dfficer in charge of any reservation when made by the usual line of travel to and from Mich headquarters; For access to any portion of a reservation by a person who is accompanied by the officer in charge of the reservation or bis deputy: For entry and temporary use for recreational or other appropriate pun of any camp site or other area specifically designated for the use of the public by the Chief of the Bureau of Biological Survey and under such appropriate conditions as he shall prescribe so long as sucb use and occupancy do not Interfere with the purposes for which the reservation is established; nor For fishing or the taking of wild life when by appropriate order the Secretary of Agriculture shall specifically authorize such fishing or the taking of such wild life without permit. Regulation 2. — Fishing Fishing will be allowed on reservations acquired under the inigxatori bird conservation act. and on sucb areas in other reMeTV'alioris a- may ho Designated for the purpose from time to time by order of the Secretary of Agriculture. 3. DEPOSITORY 2 ADMINISTRATION OF WILD-LIFE REFUGES [S. R. A. but such fishing shall be conducted on such reservations and designated areas in accordance with the laws of the State in which they are situated, and in a manner that will not interfere with the objects of the reservation. Per- mits, valid during the period stated therein, for fishing on any such reserva- tions or areas shall be issued by the local or resident officer in charge thereof unless the Secretary by order shall authorize such fishing without permit. Regulation 3. — Specimens for Scientific, Exhibition, or Propagating Purposes Specimens of plant and animal life or other natural objects on any reserva- tion, including the nests and eggs of birds, for scientific, exhibition, or propa- gating purposes, may be taken under special permit issued by the Secretary of Agriculture and countersigned by the Chief of the Bureau of Biological Survey, but no such permit shall be deemed to authorize the taking, possession, trans- portation, or sale of any wild life, or the nests or eggs of birds, contrary to State or Federal law. Regulation 4. — Scientific Studies Entry upon any reservation for scientific study, the taking of photographs thereon, or for other like purposes, when not inconsistent with the objects for which the reservation was created, may be allowed under permit issued by the Chief of the Bureau of Biological Survey or by such officer as he may designate. Regulation 5. — Removal of Surplus and Injurious Objects The removal of surplus or injurious animal life or other products of any reservation and the disposition thereof in accordance with law and regulations, and the orders of the Secretary of Agriculture, shall be made by or under direction of the Chief of the Bureau of Biological Survey. Regulation 6. — Domestic Animals The ranging of cattle or other domestic stock or the running at large of dogs or cats upon any reservation, or allowing the entry of any such animals upon any reservation for any purpose except as specifically authorized under these regulations is not permitted. Regulation 7. — Economic Utilization of Resources Permits to graze livestock, harvest hay or stock feed, remove timber or fire- wood, occupy or cultivate areas, use any material of commercial value, or make other use of the reservation not inconsistent with its objects may be issued by the Chief of the Bureau of Biological Survey upon such terms and at such rates of charge, if any. as may be ascertained and determined by him to be com- mensurate with the value of the privilege granted by such permits. Regulation 8. — Hunting and Trapping Except on reservations acquired runder the migratory bird conservation act, the hunting or trapping of wild life in accordance with the provisions of Federal and State laws applicable thereto will be allowed on reservations only within areas designated for the purpose by order of the Secretary of Agricul- ture, and unless otherwise provided in the order, under permit issued by the local or resident officer in charge of the reservation. Regulation 9. — Official Operations Excepted These regulations shall not be const rued to forbid or interfere with official operations within reservations by employees or agents of other departments or bureaus of the Government for the use of which the reservations or parts thereof have also been appropriated. Regulation 10. — Application for Permits Applications for permits shall be made in writing and should be addressed to the local or resident officer in charge of the reservation concerned, when the i r-nnits are authorized to be issued by such officer, otherwise to the Chief, Biological Survey. Washington, D. C. B.s.73] BUREAU OF BIOLOGICAL BURVET O Regulation 11. — Exhibition and Revocation of Permits Permits shall be exhibited for Inspection at any reasonable time upon request of any officer or employee of the Department of Agriculture engaged m the administration or enforcement of laws applicable to such reservations. Anj permit may be terminated at any time bj agreement between the issuing officer and the permittee; It may be revoked by the Issuing officer for noncompliance with the term- thereof or of these regulations, for aonuse, or for violation oi any law or regulation applicable to the reservation or any state or Federal law protecting wild life, or the nests or eggs of birds: and it is subject at all times to discretionary revocation by the Secretary of Agriculture. Regulation 12. — Revocation of Prior Regulations All regulations with respect to the reservations covered by these regulations heretofore made and published by the Secretary of Agriculture that are incon- sistent with the provisions hereof are hereby revoked. In testimony whebbo* I have hereunto set my hand and caused the official seal of the United States Departmi Agriculture to he affixed in the city of Washington, this 7th day of May, 1930. Abthub M. Hi di Secretary <>f Agric dtun . LAW PROTECTING WILD ANIMALS AND BIRDS AND THEIR EGGS AND GOVERNMENT PROPERTY ON FEDERAL REFUGES [U. S. Code, Title 18, Criminal Code and Criminal Procedure] Ski . 145. Whoever -hall hunt, trap, capture, willfully disturb, or kill any bird or wild animal of any kind whatever, or take or destroy the eggs of any such bird on any lands of the United States which have been set aparl or reserved as refuges or breeding grounds for such birds or animals by any law, proclama- tion, or Executive order, except under such rules and regulations as the Secre- tary of Agriculture may. from time to time, prescribe, or who shall willfully injure, molest, or destroy any property of the United State< on any such lands shall ho lined not more than $500, or imprisoned not more than six months, or both. (Sec. S4, act of March 4. 19U9. as amended April 15, 1924, 43 Stat. 98.) EXTRACTS FROM THE MIGRATORY BIRD CONSERVATION ACT [U. S. Code, Supplement III, Title 16, Conservatibn] Sec. 715a. That a commission to he known as the Migratory Bird Conserva- tion Commission, consisting of the Secretary of Agriculture, as chairman, the Secretary of Commerce, the Secretary of the Interior, and two Members of the Senate, to he selected by the President of the Senate, and two Members of the House of Representatives to he selected by the Speaker, is hereby created and authorized to consider and par the protection <>r migratory birds, concluded August 16, 1916, us Incorporated In the regulations under the migratory i>inl treaty act of July .'>. 1918 if s. Code, mi' 16, Conservation, sits. r03 Til), ate defined as follows: l Migratory r shore birds, including avocets, curlews, dowltcbers. sodwits, knots, oyster catchers, phalaropes. plovers, sandpipers, snipe, stilts surf birds, turnstones, willet, woodcock, and yelfowlegs. Columbldae, or pigeons, including doves and wild pigeons. 2. Migratory Insectivorous bird*: • Sicken and ether woodpeckers; niixht- hawks or bull-bats and whip-poor-wills; swifts; bumming birds; flycatchers; bobolinks, meadow larks, and orioles; grosbeaks; tanagers; martins and other swallows; wax- : Bhrikes ; rireos ; warblers; pipits; catbirds and brown thrashers; wrens; brown creepers; nuthatches; chickadees and titmice; kinglets and gnatcatchers ; robins and other thrushes; and all otlier perching birds which feed entirely or chiefly on insects. .".. Other migratory nongame binis: Auks, anklets, bitterns, fulmars, garni guillemots, gulls, herons, jaegers, loons, mnrres, petrels, purlins, shearwaters, and terns.] Si;« . 715k. * * That reservation protectors appointed under the provi- sions of this Act shall be selected when practicable, from qualified citizens of the State in which they are to be employed. Sec. 7151. Thai for the efficient execution of this Act. the judges of the sev- eral courts established under the laws of the United States, United States com- missioners, and persons appointed by the Seeretary of Agriculture to enforce this Act, shad have, with respect thereto, like powers and duties as tire con- ferred by section 5 of the Migratory Bird Treaty Act (title 16, section 7(K> of the United States Code) upon said judges, commissioners, and employees of the Department of Agriculture appointed to enforce the Act last aforesaid. Any bird, or part, nest or eiru r thereof, taken or possessed contrary to this Act, when seized shall be disposed of as provided by section 5 of said Migratory Bird Treaty Act. [Powers and duties of enforcement officers are defined by section 5 of the migratory bird treaty act as follows : Skc. 5. That any employee of the Department of Agriculture authorized by the Secretary of Agriculture to enforce the provisions of this act shall have power, without warrant, to arrest any person committing a violation of this act in his presence or 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 pro- visions 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 showing probable cause, issue warrants in all such cases. All birds, or parts, nests, or egu r s thereof, captured, killed, taken, shipped, transported, carried, or possessed contrary to the provisions of this act or of any regulations made pursuant thereto, shall, when found, be seized by any such employee, or by any marshal or deputy marshal, and upon conviction of the offender or upon judgment of a court of the United States that the same were captured, killed, taken, shipped, transported, carried, or pos- - Bsed contrary to the provisions of this act or of any regulation made pursuant thereto, shall he forfeited to the United States and disposed of as directed by the court having jurisdiction.] Sec. 715m. That any person, association, partnership, or corporation who shall violate or fail to comply with any of the provisions of this Act shall he deemed guilty of a misdemeanor and upon conviction thereof shall be fined not than sin nor more than $500, or lie imprisoned not more than six months. or both. Sec. 715n. That f<>r the purposes of this Act the word "take" shall be con- strued to mean pursue, hunt, shoot, capture, collect, kill, or attempt to pursue, hunt, shoot, capture, collect, or kill, unless the context otherwise requires. (Act approved February 18, 1929, 45 Stat. 1222.) REGULATIONS GOVERNING HUNTING ON NATIONAL FORESTS Regulation T-7, effective October 1. 1919, <»f the regulations of the Forest Service relative to national forests, provides as follows: The following acts are prohibited on lands of the United States within national forests : The going or being upon any such land, or in or on the waters thereof, with intent to hunt, catch, willfully disturb, or kill any kind of game animal, game or nongame bird, or fish, or to take the eggs of any such bird, in violation of the laws of the State in which such land or waters are situated. Regulation G-30 authorizes all forest officers to enforce the above regulation and also to cooperate with State or Territorial officials iu the enforcement of local laws for the protection of birds, fish, and game. 6 ADMINISTRATION OF WILD-LIFE REFUGES [S. R. A.— B. S. 73] ACT REGULATING FIRES ON PUBLIC DOMAIN [U. S. Code, Title 18, Criminal Code and Criminal Procedure] Sec. 106. Whoever shall willfully set on fire, or cause to be set on fire, any timber, underbrush, or grass upon the public domain, or shall leave or suffer fire to burn unattended near any timber or other inflammable material, shall be fined not more than $5,000 or imprisoned not more than two years, or both. (Act of March 4, 1900. sec. 52—35 Stat. 1098.) Sec. 107. Whoever shall build a fire in or near any forest, timber, or other inflammable material upon the public domain shall, before leaving said fire, totally extinguish the same; and whoever shall fail to do so shall be fined not more than $1,000 or imprisoned not more than one year, or both. (Act of March 4, 1909, sec. 53—35 Stat. 1098.) ■ . I. GOVERNMENT PRINTING OFFICE: li»0 For sale by the Superintendent of Documents, Washington, D. C. Price 5 cents Digitized by the Internet Archive in 2012 with funding from University of Florida, George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation http://archive.org/details/lawsflaOOunit UNIVERSITY OF FLORIDA IIIIIIIIIIIIIIIIIII 3 1262 09218 5221