S. R. A.— B. S. 65 Issued April 22, 192(5 United States Department of Agriculture BUREAU OF BIOLOGICAL SURVEY SERVICE AND REGULATORY ANNOUNCEMENTS TEXT OF FEDERAL LAWS AND REGULATIONS RELATING TO GAME AND BIRDS The full text of the laws and regulations which follow was pub- lished prior to 1924 in the annual bulletin of the United States Department of Agriculture on the game laws. Summarized infor- mation concerning open seasons on game, licenses, bag limits, pos- session, sale, interstate transportation, and provisions relating to imported game and game raised in captivity is published annually in the bulletin above mentioned. CONVENTION BETWEEN THE UNITED STATES AND GREAT BRIT- AIN FOR THE PROTECTION OF MIGRATORY BIRDS IN THE UNITED STATES AND CANADA 1 [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 16th day of August, 191G, the original of which convention is word for word as follows : Whereas, many species of birds in the course of their annual mi- grations traverse certain parts of the United States and the Domin- ion of Canada ; and 1 Signed at Washington Aug. 16, 1916 ; ratification advised by the Senate Aug. 20. rati- fied by the President Sept. 1, and by Great Britain Oct. 20 ; ratifications exchanged Dec. 7 ; proclaimed Dec. 8, 1916. Constitutionality of the treaty and act of July 3, 1918, sus- tained bv the United States Supreme Court in a decision rendered Apr. 19. 1920, in the case of the State of Missouri r. Ray P. Holland (252 U. S. 416) ; see also D. S. V- Lumpkin (276 Fed. 580). Canada, by an act of Parliament approved Aug. 29, 1917, gave full effect to this con- vention and promulgated regulations thereunder May 11. 1918. The validity of the act of the Dominion Parliament was upheld bv the Supreme Ccuii^-©f-Trince Edward Island in a decision (Michaelmas term, 1920) rendered 1h the ea*e of The King v. Russell C. Clark. For full text of the Canadian migratory-bird IreaTy act and regulations, communicate with the Commissioner of Canadian National Parks. urt.-twa. Ontario. I 89584—26 I I 1 2 BUREAU OF BIOLOGICAL SURVEY [S. R. A. Whereas, many of these species are of great value as a source of food or in destroying insects which are injurious to forests and for- age plants on the public domain, as well as to agricultural crops, in both the United States and Canada, but are nevertheless in danger of extermination through lack of adequate protection during the nesting season or while on their way to and from their breeding grounds; The United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, being desirous of saving from indiscriminate slaughter and of insuring the preserva- tion of such migratory birds as are either useful to man or harmless, have resolved to adopt some uniform system of protection which shall effectively accomplish such objects and to the end of concluding a convention for this purpose have appointed as their respective pleni- potentiaries : The President of the United States of America, Robert Lansing, Secretary of State of the United States; and His Britannic Majesty, the Right Hon. Sir Cecil Arthur Spring Rice, G. C. V. O., K. C. M. G., etc., His Majesty's ambassador ex- traordinary 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 *o and adopted the following articles: ARTICLE I The high contracting powers declare that the migratory birds included in the verms of this convention shall be as follows : 1. Migratory game birds: (a) Anatidae or waterfowl, including brant, wild ducks, geese, and swans. ' <6) Gruidae or cranes, including little brown, sandhill, and whooping cranes. (c) Rallidae or rails, including coots, gallinules and sora and other rails. (d) Limicolae or shorebirds, including avocets, curlew, dowitchers, godwits, knots, oyster catchers, phalaropes, plovers, sandpipers, snipe, stilts, surf birds. turnstones, willet, woodcock, and yellowlegs. (c) Columbidae 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, shrikes, 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. Oilier 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 agree 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 under 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 those 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 1 and August 15, and that Indians may take at any time scoters for food but not for sale. The season for hunting shall be further restricted to such period not exceeding three and one-half B. S. 65] LAWS RELATING TO GAME AND BIRDS ' 6 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 the year. 3. The close season on other migratory npngame 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 10 years next following the going into effect of this convention there shall be a continuous close season on the following migratory game birds, to wit : Band-tailed pigeons, little brown, sandhill, and whooping cranes, swans, cur- lew, and all shorebirds (except the black-breasted and golden plover, Wilson or jack snipe, woodcock, and the greater and lesser yellowlegs) ; provided that during such 10 years the close seasons on cranes, swans, and curlew in the Province of British Columbia shall be made by the proper authorities of that Province within the general dates and limitations 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 5 years, or (2) by the establishment of refuges, or (3) by such other regulations as may be deemed appropriate. article v The taking of nests or eggs of migratory game or insectivorous or nongame birds shall be prohibited, except for scientific or propagating purposes under such laws or regulations as the high contracting powers may severally deem appropriate. 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 birds transported, or offered for transportation from the United States into the Dominion of Canada or from the Dominion of Canada into the United States, shall have the name and address of the shipper and an accurate statement of the contents clearly marked on the outside of such package. ARTICLE VII Permits to kill any of the above-named birds which under extraordinary 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, respectively, but such permits shall lapse or may be canceled at any time when, in the opinion of said authorities, the particular exigency has passed, and no birds killed under this article shall be shipped, sold, or offered for sale. ARTICLE VIII The high contracting powers agree themselves to take, or propose to their respective appropriate law-making bodies, the necessary measures for insuring the execution of the present convention. 4 * BUREAU OF BIOLOGICAL SURVEY [S. R. A. 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 15 years and in the event of neither of the high contracting powers having given notification ]2 months before the expiration of said period of 15 years of its intention of terminating its operation, the convention shall continue to remain in force for 1 year and so on from year to year. In faith whereof, the respective plenipotentiaries have signed the present convention in duplicate and have hereunto affixed their seals. Done at Washington this 16th day of August, 1916. [seal.] 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 7th day of December, 1916 : Now, therefore, be it known that I, Woodrow Wilson, President of the United States of America, have caused the said convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington this 8th day of December in the year of our Lord 1916, and of the independence of the United States of America the 141st. [seal.] Woodrow Wilson. By the President : Robert Lansing, Secretary of State. MIGRATORY-BIRD TREATY ACT [Approved July 3, 1918. 40 Stat. 755] An Act to give effect to the convention between the United States and Great Britain for the protection of migratory birds concluded at Washington, August 16, 1916, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assenibled, That this aci shall be known by the short title of the "Migratory Bird Treaty Act." Sec. 2. That unless and except as permitted by regulations made as herein- after provided, it shall be unlawful to hum. take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry or cause to be carried by any means Whatever, receive for shipment, transportation or carriage, or export, at any time or In any manner, any migratory bird, included in the terms of the con- vention between the Tinted states and Great Britain for the protection of migratory birds concluded August 10, 191G, 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 Agriculture is authorized and directed, from time to time, having due regard to the zones of temperature and to the distri- B. S. 65] LAWS RELATING TO GAME AND BIRDS 5 bution, abundance, economic value, breeding habits, and times and lines of migratory flight of such birds, to determine when, to what extent, if at all, and by what means, it is compatible with the terms of the convention to allow hunting, taking, capture, killing, possession, sale, purchase, shipment, trans- portation, carriage, or export of any such bird, or any part, nest, or egg thereof, and to adopt suitable regulations permitting and governing the same, in ac- cordance with such determinations, which regulations shall become effective when approved by the President. Sec. 4. That it shall be unlawful to ship, transport, or carry, by any moans whatever, from one State, Territory, or District to or through another State, Territory* or District, or to or through a foreign country, any bird, or any part, nest, or egg thereof, captured, killed, taken, shipped, transported, or carried at any time contrary to the laws of the State, Territory, or District in which it was captured, killed, or taken, or from which it was shipped, trans- ported, or carried. It shall be unlawful to import any bird, or any part, nest, or egg thereof, captured, killed, taken, shipped, transported, or carried con- trary to the laws of any Province of the Dominion of Canada in which the same was captured, killed, or taken, or from which it was shipped, transported, or carried. Sec 5. That any employee of the Department of Agriculture authorized by the Secretary of Agriculture to enforce the provisions of this act shall have power, without warrant, to arrest any person committing a violation of this act in his presence or 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 com- petent 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 showing probable cause, issue warrants in all such cases. All birds, or parts, nests, or eggs thereof, captured, killed, taken, shipped, transported, carried, or possessed contrary to the provisions of this Act or of any regulations made pursuant thereto shall, when found, be seized by any such employee, or by any marshal or deputy marshal, and, upon conviction of the offender or upon judgment of a court of the United States that the same were captured, killed, taken, shipped, transported, carried, or possessed con- trary to the provisions of this act or of any regulation made pursuant thereto, shall be forfeited to the United States and disposed of as directed by the court having jurisdiction. Sec. 6. That any person, association, partnership, or corporation who shall violate any of the provisions of said convention or of this act, or who shall violate or fail to comply with any regulation made pursuant to this act, shall be deemed guilty of misdemeanor 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 shall give further protection to migratory birds, their nests, and eggs, if such laws or regulations do not ex- tend the open seasons for such birds beyond the dates approved by the Presi- dent in accordance with section three of this act. Sec 8. That until the adoption and approval, pursuant to section 3 of this act, of regulations dealing with migratory birds and their nests and eggs, such migratory birds and their nests and eggs as are intended and used exclusively for scientific or propagating purposes may be taken, captured, killed, possessed, 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 transported if the packages containing the dead bodies or the nests or eggs of such birds when shipped and transported shall be marked on the outside thereof so as accurately and clearly to show the name and address of the shipper and the contents of the package. Sec 9. That the unexpended balances of any sums appropriated by the agri- cultural appropriation acts for the fiscal years 1917 and 1918, for enforcing the provisions of the act approved March 4, 1913, relating to the protection of migratory game and insectivorous birds, are hereby reappropriated and made available until expended for the expenses of carrying into effect the provisions b BUREAU OF BIOLOGICAL SURVEY [S. K. A. 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 who is subject to the draft for service in the Army or Navy shall be exempted or excused from such service by reason of his employment under this act. Sec. 10. That if any clause, sentence, paragraph, or part of this act shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered. Sec. 11. That all acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Sec 12. Nothing in this act shall be construed to prevent the breeding of migratory game birds on farms and preserves and the sale of birds so bred un- der proper regulation for the purpose of increasing the food supply. Sec. 13. That this act shall become effective immediately upon its passage and approval. MIGRATORY-BIRD TREATY-ACT REGULATIONS (.As approved and promulgated by the President, 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, 1923, June 11, 1923, April 11, 1924, July 2, 1924, June 22, 1925, March 8. 1926, and April 22, 1926.] REGULATION 1.— DEFINITIONS OF MIGRATORY BIRDS Migratory birds, included in the terms of the convention between the United States and Great Britain for the protection of migratory birds, concluded August 16, 1916, are as follows : 1. Migratory game birds: (a) Anatidae, or waterfowl, including brant, wild ducks, geese, and swans. (&) Gruidae, or cranes, including little brown, sandhill, and whooping cranes. (c) Rallidae, or rails, including coots, gallinules, and sora and other rails. (d) Limicolae, or shorebirds, including avocets, curlews, dowitchers, godwits, knots, oyster catchers, phalaropes, plovers, sandpipers, snipe, stilts, surf birds, turnstones, willet, woodcock, and yellowlegs. (e) Columbidae, or pigeons, including doves and wild pigeons. 2. Migratorg insectivorous birds: Cuckoos; flickers and other woodpeckers; nighthawks or bull-bats and whip-poor-wills; swifts: hummingbirds; flycatch- ers; bobolinks, meadowlarks, and orioles; grosbeaks: tanagers ; martins and other swallows; waxwings; shrikes; vireos; warblers: pipits: catbirds and brown thrashers; wrens; brown creepers; nuthatches: chickadees and titmice; kinglets and gnat catchers; robins and other thrushes; and all other perching birds which feed entirely or chiefly on insects. .",. Other migratori/ nongame birds: Auks, auklets, bitterns, fulmars, gannets, grebes, guillemots, gulls, herons, jaegers, loons, murres. petrels, puffins, shear- waters, and terns. [As amended July 9, 1920.] REGULATION 2.— DEFINITIONS OF TERMS For the purposes of these regulations the following terms shall be construed, respectively, to mean — Secretary.— The Secretary of Agriculture of the United States. Person. — The plural or the singular, as t be case demands, including indi- viduals, associations, partnerships, and corporations, unless the context other- wise requires. Take. The pursuit, hunting, capture, or killing of migratory birds in the manner and by Hie means Specifically permitted. Open season. The time during which migratory birds may be taken. Transport. Shipping, transporting, carrying, exporting, receiving or deliver- ing for shipment, transportation, carriage, or export. B. S. 65] LAWS RELATING TO GAME AND BIRDS 7 REGULATION 3.— MEANS BY WHICH MIGRATORY GAME BIRDS MAY BE TAKEN The migratory game birds specified in regulation 4 hereof may be taken during the open season with a gun only, not larger than No. 10 gauge, fired from the shoulder, except as specifically permitted by regulations 7. 8, 9, and 10 hereof ; they may be taken during the open season from the land and water, with the aid of a dog, the use of decoys, and from a blind or floating device (other than an airplane, powerboat, sailboat, any boat under sail, or any floating device towed by powerboat or sailboat). [As amended July 28, 1919, March 3, 1921, and May 17, 1921.] REGULATION 4.— OPEN SEASONS ON AND POSSESSION OF CERTAIN MIGRATORY GAME BIRDS For the purpose of this regulation, each period of time herein prescribed as an open season shall be construed to include the first and last days thereof. Waterfowl (except wood duck, eider ducks, and swans), rails, coot, gal- linules, greater and lesser yellowlegs. woodcock. Wilson snipe or jacksnipe, and mourning doves may be taken each day from half an hour before sun- rise to sunset during the open seasons prescribed therefor in this regulation by the means and in the numbers permitted by regulations 3 and 5 hereof, respectively, and when so taken may 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 sea- son, but no such birds shall be possessed in a State. Territory, or District at a time when such State, Territory, or District prohibits the possession thereof. Waterfowl (except wood duck, eider ducks, and sivans), coot, gallinules, and Wilson snipe or jacksnipe. — The open seasons for waterfowl (except wood duck, eider ducks, and swans), coot, gallinules. and Wilson snipe or jacksnipe shall be as follows : In Maine, New Hampshire. Vermont. Massachusetts (except in Nantucket and Dukes Counties), Ohio. West Virginia. Michigan. Wisconsin. Minnesota, Iowa, Missouri. North Dakota. South Dakota. Nebraska, Kansas, Colorado. Wyoming. Montana, and Nevada the open season shall be from September 16 to December 31 : In New York (except Long Island) the open season shall be from Septem- ber 24 to January 7 ; In that portion of Massachusetts known as Nantucket and Dukes Counties, and in Rhode Island. Connecticut. Pennsylvania. Illinois. Indiana. Oklahoma, Utah. California. Idaho. Oregon, and Washington the open season shall be from October 1 to January 15 : In that portion of New York known as Long Island, and in New Jersey, Delaware. New Mexico. Arizona, and that portion of Texas lying west and north of the main tracks of the International & Great Northern Railroad ex- tending from Laredo to San Antonio, Austin, and Longview. and the Texas & Pacific Railroad extending from Longview to Marshall and Texarkana the open season shall be from October 16 to January 31 : In Maryland, the District of Columbia, Virginia. Kentucky. Tennessee. North Carolina, South Carolina. Georgia, Florida. Alabama. Mississippi, Arkansas. Louisiana, and that portion of Texas lying east and south of the main tracks of the International & Great Northern Railroad extending from Laredo to San An- tonio. Austin, and Longview. and the Texas & Pacific Railroad extending from Longview to Marshall and Texarkana the open season shall be from November 1 to January 31 : and In Alaska the open season shall be from September 1 to December 15. Rails {except coot and gallinules). — The open seasoil for sora and other rails (except coot and gallinules) shall be from September 1 to November 30, except as follows : In Louisiana the open season shall be from November 1 to January 31. Greater and lesser yellowlegs. — The open seasons for greater and lesser yel- lowlegs shall be as follows : In Maine. New Hampshire. Massachusetts. Rhode Island, Connecticut. New York, New Jersey, Delaware, Maryland, and Virginia the open season shall be from August 16 to November 30; In the District of Columbia, North Carolina. South Carolina. Tennessee. Arkansas. Oklahoma. Texas. New Mexico. Arizona, California, and Alaska the open season shall be from September 1 to December 15 : 8 BUREAU OF BIOLOGICAL SURVEY [S. R. A. In Vermont, Pennsylvania, Ohio, West Virginia, Kentucky, Indiana, Michi- gan, Wisconsin, Illinois, Missouri, Iowa, Minnesota, North Dakota, South Dakota, Nebraska, Kansas, Colorado, Wyoming. Montana, Nevada, and that portion of Washington lying east of the summit of the Cascade Mountains the open season shall be from September 16 to December 31 ; In Utah. Oregon, Idaho, and in that portion of Washington lying west of the summit of the Cascade Mountains the open season shall be from October 1 to January 15; and In Georgia, Florida, Alabama, Mississippi, and Louisiana the open season ^hall be from November 1 to January 31. WoodGOck. — The open seasons for woodcock shall be as follows : In Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Con- necticut. New York. New T Jersey, Pennsylvania, Ohio, West Virginia, Kentucky, Indiana. Michigan, Wisconsin, Illinois, Missouri. Iowa, Minnesota. North Dakota, South Dakota, Nebraska, and Kansas the open season shall be from October 1 to November 30 ; and In Delaware, Maryland, the District of Columbia. Virginia, North Carolina, South Carolina, 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 Dele ware, Maryland, Virginia, North Carolina, Tennessee, Kentucky. Ohio, Indiana. Illinois. Minnesota, Nebraska. Kansas, Missouri, Arkansas, Oklahoma, that portion of Texas lying west and north of the main tracks of the Inter- national & Great Northern Railroad extending from Laredo to San Antonio, Austin, and Longview, and the Texas & Pacific Railroad extending from Long- view to Marshall and Texarkana. New Mexico, Colorado. Utah, Arizona, Cali- fornia. Nevada. Idaho, and Oregon the open season shall be from September 1 to December 15 ; In South Carolina, Georgia, Florida. Alabama, and Mississippi the open season shall be from October 16 to January 31 ; In that portion of Texas lying east and south of the main tracks of the International & Great Northern Railroad extending from Laredo to San Antonio. Austin, and Longview, and the Texas & Pacific Railroad extending from Longview to Marshall and Texarkana the open season shall be from November 1 to December 31: and In Louisiana the open season shall be from November 1 to January 31. [As amended October 25. 1918, July 28. 1919, July 9, 1920, May 17, 1921, March 8, 1922. June 11, 1923. April 11, 1924. July 2, 1924. June 22, 1925, March 8, 1926, and April 22, 1926. REGULATION 5.— 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 migratory game birds, which numbers shall include all birds taken by any other person who for hire accompanies or assists him in taking migratory birds : Duel's (except wood duck and eider ducks). — Twenty-five in the aggregate of all kinds. Geese. — Eight in the aggregate of all kinds. Brant. — Eight. Rails and aallmules (except sora and eoot). — Twenty-five in the aggregate of all kind-, but not more than 15 of any one species. Sora. — Twenty-five. ( not. — Twenty-five. r,r<>at. which supersedes this part of the I.acey Act relative to llio Interstate transportation of wild birds. B. S. 65] [A US RELATING TO GAME AND BIRDS 13 carrying or transporting the same in violation of said sections shall be fined not more than $200. SECTIONS 1 AND 5— ACT OF MAY 25, 1900 [31 Stat. 187-188] That the duties and powers of the Department of Agriculture are hereby enlarged so as to include the preservation, distribution, introduction, and restoration of game birds and other wild birds. The Secretary of Agriculture is hereby authorized to adopt such measures as may be necessary to carry out the purposes of this act and to purchase such game birds and other wild birds as may be required therefor, subject, however, 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 United States adapted thereto where the same have become scarce or extinct, and also to regulate the intro- duction of American or foreign birds or animals in localities where they have not heretofore existed. The Secretary of Agriculture shall from time to time collect and publish useful information as to the propagation, uses, and preservation of such birds. And the Secretary of Agriculture shall make and publish all needful rules and regulations for carrying out the purposes of this act, and shall expend for said purposes such sums as Congress may appropriate therefor. Sec. 5. That all dead bodies, or parts thereof, of any foreign game animals, or game or song birds, the importation of which is prohibited, 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, consump- tion, 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 exercise 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 im- portation, transportation, or sale of birds or bird plumage manufactured from the feathers of barnyard fowl. LAW PROTECTING WILD ANIMALS AND BIRDS AND THEIR EGGS ON FEDERAL REFUGES ACT OF MARCH 4, 1909, AS AMENDED APRIL 15, 1924 [43 Stat. 98] Sec 84. Whoever shall hunt. trap, capture, willfully disturb, or kill any bird or wild animal of any kind whatever, or take or destroy the eggs of any such bird on any lands of the United States which have been set apart or reserved as refuges or breeding grounds for such birds or animals by any law, procla- mation, or Executive order, except under such rules and regulations as the Secretary of Agriculture may, from time to time, prescribe, or who shall will- fully injure, molest, or destroy any property of the United States on any such lands shall be fined not more than $.100. or imprisoned not more than six months, or both. HUNTING ON NATIONAL FORESTS Regulation T-7, effective October 1, 1919, of the Regulations of the Forest Service Relative to National Forests, provides as follows: The following acts are prohibited on lands of the United States within national forests : The going or being upon any such land, or in or on the waters thereof, with intent to hunt, catch, trap, willfully disturb, or kill any kind of game animal, 3 Sees. 2, 3, and 4 superseded by sees. 241-244 of the Criminal Code, act of Mar. 4. 1909 (35 Stat. 1137). 14 BUREAU OF BIOLOGICAL SUUVKV [S. R. A. game or nongame bird, or fisli, 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 in the enforcement of local laws for the protection of birds, fish, and game. PROVISIONS OF TARIFF ACT REGULATING IMPORTATION OF PLUMAGE, GAME, ETC. ACT OF SEPTEMBER 21, 1922 [42 Stat. 915] Par. 1419. Feathers and downs, on the skin or otherwise, crude or not dressed, colored, or otherwise advanced or manufactured in any manner, not specially provided for, 20 per centum ad valorem ; dressed, colored, or other- wise advanced or manufactured in any manner, including quilts of down and other manufactures of down ; artificial or ornamental feathers suitable for use as millinery ornaments, artificial or ornamental fruits, vegetables, grains, leaves, flowers, and stems or parts thereof, of whatever material composed, not specially provided for, GO per centum ad valorem ; natural leaves, plants, shrubs, herbs, trees, and parts thereof, chemically treated, colored, dyed or painted, not specially provided for, 60 per centum ad valorem ; boas, boutonnieres, wreaths, and all articles not specially provided for, composed wholly or in chief value of any of the feathers, flowers, leaves, or other material herein men- tioned, 60 per centum ad valorem: Provided, That the importation of birds of paradise, aigrettes, egret plumes or so-called osprey plumes, and the feathers, quills, heads, wings, tails, skins, or parts of skins, of wild birds, either raw or manufactured, and not for scientific or educational purposes, is hereby pro- hibited ; but this provision shall not apply to the feathers or plumes of ostriches or to the feathers or plumes of domestic fowls of any kind : Provided further, That birds of paradise and the feathers, quills, heads, wings, tails, skins, or parts thereof, and all aigrettes, egret plumes, or so-called osprey plumes, and the feathers, quills, heads, wings, tails, skins, or parts of skins, of wild birds, either raw or manufactured, of like kind to those the importation of which is prohibited by the foregoing provisions of this paragraph, which may be found in the United States, on and after the passage of this act, except as to such plumage or parts of birds in actual use for personal adornment, and except such plumage, birds, or parts thereof imported therein for scientific or educational purposes, shall be presumed for the purpose of seizure to have been imported unlawfully after October 3, 1913, and the collector of customs shall seize the same unless the possessor thereof shall establish, to the satisfaction of the collector, that the same were imported into the United States prior to October 3, 1913, or as to such plumage or parts of birds that they were plucked or derived in the United States from birds lawfully therein; and in case of seizure by the collector, he shall proceed as in case of forfeiture for violation of the custom laws, and the same shall be forfeited, unless the claimant shall in any legal proceeding to enforce such forfeiture, other than a criminal prose- cution, overcome the presumption of illegal importation and establish that the birds or articles seized, of like kind to those mentioned the importation of which is prohibited as above, were imported into the United States prior to October 3, 1913, or were plucked in the United States from birds lawfully therein. That whenever birds or plumage, the importation of which is prohibited by the foregoing provisions of this paragraph, are forfeited to the Government, the Secretary of the Treasury is hereby authorized to place the same with the departments or bureaus of the Federal or State Governments or societies or museums for exhibition or scientific or educational purposes, but not for sale or personal use; and in the event of such birds or plumage not being required or desired by either Federal or State Government or for educational purposes, they shall be destroyed. That nothing in this act shall be construed to repeal the provisions of the act of March 4, 1913, chapter 145 (37 Statutes at Large, page 847), or the act B. S. 65] LAWS RELATING TO GAME AND BIRDS 15 of July 3, 1918 (40 Statutes at Large, page 755), or any other law of the United States, now of force, intended for the protection or preservation of birds within the United States. That if on investigation by the collector before seizure, or before trial for forfeiture, or if at such trial if such seizure has been made, it shall be made to api>ear to the collector, or the prosecuting officer of the Government, as the case may be, that no illegal importation of such feathers has been made, but that the possession, acquisition, or purchase of such leathers is or has been made in violation of the provisions of the act of March 4, 1913, chapter 145 (37 Statutes at Large, page 847), or the act of July 3, 1918 (40 Statutes at Large, page 755), or any other law of the United States, now of force, intended for the protection or preservation of birds within the United States, it shall be the duty of the collector, or such prosecuting officer, as the case may be, to report the facts to the proper officials of the United States, or State or Territory charged with the duty of enforcing such laws. Import duties and provisions are as follows: Par. 704. A duty of 4 cents per pound is imposed on reindeer meat, venison, and other game (except birds). Par. 711. The duty on live birds (except poultry) is 50 cents each on those valued at $5 or less, and 20 per cent ad valorem on those valued at more than $5. [By proclamation of October 3, 1925, the President reduced the duty on live bob white quail valued at $5 each or less from 50 to 25 cents.] Par. 712. Dressed or undressed birds (except poultry) are dutiable at 8 cents per pound, but if prepared or preserved in any manner the duty is 35 per cent ad valorem. (Paragraph 1419 prohibits the importation of the plumage of wild birds, so that undressed game birds may only be brought in under a bond for the destruction of their plumage.) Par. 715. Live wild animals, 15 per cent ad valorem. Par. 1420. Silver or black fox skins, dressed or undressed, and manufac- tures thereof, 50 per cent ad valorem ; other furs dressed on the skin, not advanced further than dyeing, 25 per cent ad valorem. Par. 1507. Wild animals and birds intended for exhibition in zoological collections for scientific or educational purposes and not for sale or profit are admitted free. Par. 1569. The eggs of birds are prohibited from entry, except that eggs of game birds may be imported free under regulations of Secretary of Agricul- ture for propagating purposes ; specimens may also be imported free for sci- entific collections. Par. 1579. Raw furs and fur skins (except silver or black fox skins), un- dressed, are admitted free. Par. 1668. Natural-history specimens (including wild birds and mammals) may be imported free for scientific public collections, but not for sale. CANADIAN TARIFF ACT PROHIBITING IMPORTATION OF PLUM- AGE, MONGOOSES, AND CERTAIN BIRDS The importation of bird plumage into Canada for millinery pur- poses is prohibited by tariff item 1212 under Schedule C (prohibited goods), as added by section 5 of the Canadian customs tariff act of 1914. Item 1212 prohibits the entry of the following : 1212. Aigrettes, egret plumes, or so-called osprey plumes, and the feathers, quills, heads, wings, tails, skins, or parts of skins of wild birds either raw or manufactured; but this provision shall not come into effect until January 1, 1915, and shall not apply to — (a) The feathers or plumes of ostriches; (b) The plumage of the English pheasant and the Indian peacock; (c) The plumage of wild birds ordinarily used as articles of diet; (d) The plumage of birds imported alive; nor to (e) Specimens imported under regulations of the minister of customs for any natural-history or other museum or for educational purposes. 16 BUREAU OF BIOLOGICAL SURVEY [S. R. A.— B. S. 65] Item 1214 under Schedule C (prohibited goods), as added by the customs tariff act. effective May 24, 1922, prohibits the entry of the following : 1214. (a) Common mongoose (Herpestes griseus) or mongoose of any kind; (b) Common mynah, Chinese mynah, crested mynah, or any other species of the starling family (Sturnidae) ; (c) Java sparrows, rice bird, nutmeg finch, or other species of the weaver bird family (Ploceidae) : (d) European chaffinch (Fringilla caelebs) ; (e) Great titmouse (Parus major). :SITY OF FLORIDA Hiiisi* ADDITIONAL COPIES OF THIS PUBLICATION MAY BE PROCURED FROM THE SUPERINTENDENT OF DOCUMENTS GOVERNMENT PRINTING OFFICE WASHINGTON, D. C. AT 5 CENTS PER COPY V