5'£' fyMEEML 
 
 S. R. A. — B. S. 23. Issued August 26, 1918. 
 
 United States Department of Agriculture, 
 
 BUREAU OF BIOLOGICAL SURVEY. 
 
 B. W. Nelson, Chief of Bureau. 
 
 SERVICE AND REGULATORY ANNOUNCEMENTS. 
 
 MIGRATORY BIRD TREATY, ACT, AND REGULATIONS. 
 
 CONVENTION BETWEEN THE UNITED STATES AND GREAT BRIT- 
 AIN FOR THE PROTECTION OF MIGRATORY BIRDS IN THE 
 UNITED STATES AND CANADA. 1 
 
 [Proclaimed December 8, 1916.] 
 
 Whereas many species of birds in the course of their annual mi- 
 grations 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 ex- 
 termination 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 are harm- 
 
 1 This treaty was signed on August 10, 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 provision in regard to 
 treaties : 
 
 " This Constitution, and the laws of the United States which shall be made in pur- 
 suance thereof; and all treaties made, or which shall be made, under the authority of the 
 United States shall be the supreme law of the land ; and the judges in every State shall 
 be bound thereby, anything in the constitution or laws of any State to the contrary 
 notwithstanding." (Art. VI par. 2.) 
 74824°— 18 
 
2 BUREAU OF BIOLOGICAL SURVEY. [S. R. A. 
 
 less, have resolved to adopt some uniform system of protection' which 
 shall effectively accomplish such objects, and to the end of concluding 
 a convention for this purpose have appointed as their 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 Contracting 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. 
 
 (b) Gruidae, or cranes, including little brown, sandhill, and whooping cranes. 
 
 (c) Rallidae, or rails, including coots, gallinules, and sora, and other rails. 
 (<l) Limicolae, or shorebirds, including avocets, curlew, dowitchers. godwits, 
 
 knots, oyster catchers, phalaropes, plovers, sandpipers, snipe, stilts, surf birds, 
 turnstones, willet. woodcock, and yellowlegs. 
 
 (e) Columbidae, or pigeons, including doves and wild 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", waxwings, 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 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 Slates 
 bordering on the Atlantic Ocean, which are situated wholly or in part north 
 Of Chesapeake 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 months as the High Contracting Powers may severally deem appro- 
 priate and define by law or regulation. 
 
 2. The close season on migratory insectivorous birds shall continue through- 
 out the year. 
 
5 
 
 B. S. 23.] SERVICE AND REGULATORY ANNOUNCEMENTS. 3 
 
 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 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, 
 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 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 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 birds transported, or offered 
 for transportation from the Dominion of Canada into the United States or from 
 the United States into the Dominion of Canada, shall have the name and ad- 
 dress of the shipper and an accurate statement of the contents clearly marked 
 on the outside of such package. 
 
 ARTICLE VII. 
 
 Permits to kill any of the above-named birds which, under extraordinary con- 
 ditions, 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 undei this article shall be shipped, sold, or offered for sale. 
 
4 BUREAU OF BIOLOGICAL SURVEY. [S. R. A. 
 
 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 ex- 
 change of the ratifications. It shall remain in force for 15 years, and in the 
 event of neither of the High Contracting Powers having given notification, 12 
 months before the expiration of said period of 15 years, of its intention of ter- 
 minating its operation, the convention shall continue to remain in force for one 
 year and so on from year to year. 
 
 In faith whereof, the respective Plenipotentiaries have signed the 
 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. 
 
 
 MIGRATORY BIRD TREATY ACT. 
 
 [Approved July 3, 1918. Public, No. 186, 65th Congress — S. 1553.] 
 
 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 sixteenth, nij.e 
 teen hundred and sixteen, and for other purposes. 
 
 Be it enacted by the Senate and House of Representatives of the United States 
 of America in Congress assembled, That this Act shall be known by the short 
 title of the " Migratory Bird Treaty Act." 
 
 Sec. 2. That unless and except as permitted by regulations made as herein- 
 after provided, it shall be unlawful to hunt, take, capture, kill, attempt to take, 
 capture or kill, possess, offer for sale, sell, offer to purchase, purchase, deliver 
 for shipment, ship, cause to be shipped, deliver for transportation, transport, 
 cause to be transported, carry or cause to be carried by any means whatever, 
 receive for shipment, transportation or 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 birds. 
 
 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 dis- 
 tribution, 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 hunt- 
 ing, taking, capture, killing, possession, sale, purchase, shipment, transportation, 
 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 accordance 
 
B. S. 23.] SERVICE AND REGULATORY ANNOUNCEMENTS. 5 
 
 with such determinations, which regulations shall become effective when ap- 
 proved by the President. 
 
 Sec. 4. That it shall be unlawful to ship, transport, or carry, by any means 
 whatever, from one State, Territory, or District to or through 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, transported, or 
 carried. It shall be unlawful to import any bird, or any part, nest, or egg 
 thereof, captured, killed, taken, shipped, transported, or carried contrary to the 
 laws of any Province of the Dominion of Canada in which the same was cap- 
 tured, 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 examina- 
 tion 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 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 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 a misdemeanor and upon conviction thereof shall be fined 
 not more than S500 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 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 season for 
 sudi birds beyond the dates approved by the President in accordance wit] 
 tion 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 e^rgs as are intended and used exclusively 
 for scientific or propagating purposes may be taken, captured, killed, possessed, 
 sold, purchased, shipped, and transported for such scientifir or propagating pur- 
 poses if and to the extent not in conflict with the laws of the State, Territory, 
 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 
 
6 BUREAU OF BIOLOGICAL SURVEY. [S. R. A, 
 
 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 nineteen hundred and seventeen 
 and nineteen hundred and eighteen, for enforcing the provisions of the Act 
 approved March fourth, nineteen hundred and thirteen, relating to the protec- 
 tion of migratory game and insectivorous birds, are hereby reappropriated and 
 made available until expended for the expenses of carrying into effect the pro- 
 visions of this Act and regulations made pursuant thereto, including the pay- 
 ment of such rent, and the employment of such persons and means, as the Sec- 
 retary of Agriculture may deem necessary, in the District of Columbia and else- 
 where, 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 in- 
 valid, 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 
 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. 
 
 MIGRATORY BIRD TREATY ACT REGULATIONS. 
 
 [Effective July 31, 1918.] 
 
 BY THE PRESIDENT OF THE UNITED STATES OF AMERICA, 
 
 A PROCLAMATION. 
 
 Whereas, section three of the Act of Congress approved July third, 
 nineteen hundred and eighteen, entitled " 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 six- 
 teenth, nineteen hundred and sixteen, and for other purposes" (Pub- 
 lic, No. 186, 65th Congress), provides as follows: 
 
 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 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 by what 
 means, it is compatible with the terms of the convention to allow hunting, 
 taking, capture, killing, [possession, (sic)], 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 accord- 
 ance with such determinations, which regulations shall become effective when 
 approved by the President 
 
B. S. 23.] SERVICE AND REGULATORY ANNOUNCEMENTS. 7 
 
 And, Whereas, The Secretary of Agriculture, pursuant to said 
 section and 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 migratory birds included in the terms 
 of the convention between the United States and Great Britain for 
 the protection of migratory birds concluded August sixteenth, nine- 
 teen hundred and sixteen, has determined when, to what extent, and 
 by what means it is compatible with the terms of said convention to 
 allow hunting, taking, capture, killing, possession, sale, purchase, 
 shipment, transportation, carriage, and export of such birds and 
 parts thereof and their nests and eggs, and in accordance with such 
 determinations has adopted and submitted to me for approval regu- 
 lations, which the Secretary of Agriculture has determined to be 
 suitable regulations, permitting and governing hunting, taking, cap- 
 ture, killing, possession, sale, purchase, shipment, transportation, 
 carriage, and export of said birds and parts thereof and their nests 
 and eggs, which said regulations are as follows : 
 
 REGULATIONS, MIGRATORY BIRD TREATY ACT. 
 
 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. 
 
 (b) 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. Migratory insectivorous birds: Bobolinks, catbirds, chickadees, cuckoos, 
 flickers, flycatchers, grosbeaks, hummingbirds, kinglets, martins, meadowlarks, 
 nighthawks or bull-bats, nuthatches, orioles, robins, shrikes, swallows, swifts, 
 tanagers, titmice, thrushes, vireos, warblers, waxwings, whip-poor-wills, 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. 
 
 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 the case demands, including indi- 
 viduals, associations, partnerships, and corporations, unless the context other- 
 wise requires. 
 
8 BUREAU OF BIOLOGICAL SURVEY. [S. R. A. 
 
 Take. — 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 may be taken. 
 
 Transport. — Shipping, transporting, carrying, exporting, receiving or deliver- 
 ing for shipment, transportation, carriage, or export. 
 
 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 number 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, 
 from a blind or floating device (other than an airplane, powerboat, sailboat, or 
 any boat under sail), with the aid of a dog, and the use of decoys. 
 
 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, gallinules, 
 black-bellied and golden plovers, greater and lesser yellowlegs, woodcock, Wil- 
 son snipe or jacksnipe, and mourning and white-winged doves may be taken 
 each day from haK an hour before sunrise to sunset during the open seasons 
 prescribed therefor in this regulation, by the means and in the numbers per- 
 mitted by Regulations 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 ducks, and swans), 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, New York (except Long 
 Island), Pennsylvania, Ohio, West Virginia, Kentucky, Indiana, Michigan, Wis- 
 consin, Illinois, Minnesota, Iowa, Missouri, North Dakota, South Dakota, Ne- 
 braska, 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 Wash- 
 ington lying west of the summit of the Cascade Mountains 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, Dela- 
 ware, 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, Mississippi, 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 December 15. 
 
 Rails (except coot and gallinules.) — 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 January 31. 
 
B. S. 23.] SERVICE AND REGULATORY ANNOUNCEMENTS. \) 
 
 Black-bellied and golden plovers and greater and lesser yelloiclegs.^-The 
 open seasons for black-bellied and golden plovers and greater and lesser 
 yellowlegs 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. Ar- 
 kansas, Oklahoma, New Mexico, Arizona, California, and Alaska the open 
 season shall be from September 1 to December 15 ; 
 
 In Vermont, Pennsylvania, Ohio, West Virginia, Kentucky, Indiana, Michigan, 
 Wisconsin, Illinois, Missouri, Iowa, Minnesota, North Dakota, South Dakota, 
 Nebraska, Kansas, Colorado, Wyoming, Montana, Idaho, Nevada, and that por- 
 tion of Oregon and Washington lying east of the summit of the Cascade 
 Mountains the open season shall be from September 1G 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, Louisiana, and Texas the open 
 season shall be from November 1 to January 31. 
 
 Woodcock. — The open seasons for woodcock shall be as follows : 
 
 In Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecti- 
 cut, New York, New Jersey, Pennsylvania, Ohio, West Virginia, Kentucky, 
 Indiana, Michigan, Wisconsin, Illinois, Missouri, Iowa, Minnesota, North Da- 
 kota, 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 and white-winged doves shall be as 
 follows : 
 
 In Delaware, Maryland, Virginia, Tennessee, Kentucky, Illinois, Missouri, 
 Oklahoma, Texas, New Mexico, Colorado, Arizona, California, Nevada, Idaho, 
 and Oregon the open season shall be from September 1 to December 15 ; and 
 
 In North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, 
 and Louisiana the open season shall be from September 16 to December 31. 
 
 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 : 
 
 Ducks (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, coot, and gallinules. — Twenty-five in the aggregate of all kinds. 
 
 Black-bellied and golden plovers and greater and lesser yellowlegs. — Fifteen 
 in the aggregate of all kinds. 
 
 Wilson snipe, or jacksnipe. — Twenty-five. 
 
 Woodcock. — Six. 
 
 Doves (mourning and ivhite-winged) . — Twenty-five in the aggregate of both 
 kinds. 
 
10 BUREAU OF BIOLOGICAL SURVEY. [S. It. A. 
 
 REGULATION 6.— SHIPMENT AND TRANSPORTATION OF CERTAIN MIGRATORY 
 
 GAME BIRDS. 
 
 Waterfowl (except wood duck, eider ducks, and swans), rails, coot, gal- 
 linules, black-bellied and golden plovers, greater and lesser yellowlegs, wood- 
 cock, Wilson snipe or jacksnipe, and mourning and white-winged doves and 
 parts thereof legally taken may be transported in or out of the State where 
 taken during the respective open seasons in that State, and may be imported 
 from Canada during the open season in the Province where taken, in any man- 
 ner, but not more by one person in one calendar week than the number that 
 may be taken under these regulations in two days by one person; any such 
 migratory game birds or parts thereof in transit during the open season may 
 continue in transit such additional time immediately succeeding such open 
 season, not to exceed five days, necessary to deliver the same to their destina- 
 tion; and any package in which migratory game birds or parts thereof are 
 transported shall have the name and address of the shipper and of the con- 
 signee and an accurate statement of the numbers and kinds of birds contained 
 therein clearly and conspicuously marked on the outside thereof; but no such 
 birds shall be transported from any State, Territory, or District to or 
 through another State, Territory, or District, or to or through a Province 
 of the Dominion of Canada contrary to the laws of the State, Territory, or 
 District, or Province of the Dominion of Canada in which they were taken or 
 from which they are transported ; nor shall any such birds be transported into 
 any State, Territory, or District from another State, Territory, or District, or 
 from any State, Territory, or District into any Province of the Dominion of 
 Canada at a time when such State, Territory, or District, or Province of the 
 Dominion of Canada prohibits the possession or transportation thereof. 
 
 REGULATION 7.— TAKING OF CERTAIN MIGRATORY NONGAME BIRDS BY ESKIMOS 
 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. 
 
 REGULATION 8.— PERMITS TO PROPAGATE AND SELL MIGRATORY WATERFOWL. 
 
 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 transported by him for propagating purposes 
 to any person holding a permit issued by the Secretary in accordance with the 
 provisions of this regulation. 
 
 2. A person authorized by a permit issued by the Secretary may possess, buy, 
 sell, and transport migratory waterfowl and their increase and eggs in any 
 manner and at any time for propagating purposes; and migratory waterfowl, 
 except the birds taken under paragraph 1 of this regulation, so possessed may 
 be killed by him in any manner except by shooting, and the unplucked car- 
 casses and (ho plucked carcasses will) heads attached thereto of the birds so 
 killed may be sold and transported by him in any manner and at any time to 
 any person for actual consumption, or to the keeper of a hotel, restaurant, or 
 boarding house, retail dealer in meat or game, or a club, for sale or' service to 
 their patrons, who may possess such carcasses for actual consumption without 
 a permit. 
 
B. S. 23.] SERVICE AND REGULATORY ANNOUNCEMENTS. 11 
 
 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 number of his permit, the name and 
 address of the consignee, and an accurate statement of the number and kinds 
 of birds or eggs contained therein. 
 
 4. Applications for permits must be addressed to the Secretary of Agriculture, 
 Washington, D. C, and must contain the following information: Name and 
 address of applicant ; place where the business is to be carried on ; number of 
 acres of land used in the business and whether owned or leased by the appli- 
 cant; number of each species of waterfowl in possession of applicant; names 
 of species and number of birds or eggs of each species if permission is asked 
 to take waterfowl or their eggs ; and the particular locality where it is desired 
 to take such waterfowl or eggs. 
 
 5. A person granted a permit under this regulation shall keep 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 first day of January next following ; 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 waterfowl and eggs were transported, name and address of each person 
 from or to whom waterfowl and eggs were purchased or sold, together with 
 ^number and species and whether sold alive or dead; and the date of each 
 transaction. A written report correctly setting 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 cal- 
 endar year of issue, shall not be transferable, and may be revoked by the 
 Secretary, if the permittee violates any of the provisions of the Migratory 
 Bird Treaty Act or of the regulations thereunder. 
 
 8. A person engaged in the propagation of migratory waterfowl on the date 
 on which these regulations become effective will be allowed until September 
 30, 1918, to apply for the permit required by this regulation, but he shall 
 not take any migratory waterfowl without a permit. 
 
 REGULATION 9.— PERMITS TO COLLECT MIGRATORY BIRDS FOR SCIENTIFIC 
 
 PURPOSES. 
 
 A person may take in any manner and at any time migratory birds and 
 their nests and eggs for scientific purposes when authorized by a permit issued 
 by the Secretary, which permit shall be carried on his person when he is col- 
 lecting specimens thereunder and shall be exhibited 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 information: Name and 
 address of applicant and name of State, Territory, or District in which 
 specimens are proposed to be taken and the purpose for which they are in- 
 tended. Each application shall be accompanied by certificates from two well- 
 known ornithologists that the applicant is a fit person to be entrusted with a 
 permit. 
 
12 BUREAU OF BIOLOGICAL SURVEY. [S. R. A.— B. S. 23.1 
 
 The permit will authorize the holder thereof to possess, buy, sell, and trans- 
 port 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 specimens shall be taken without a permit. 
 
 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 
 person 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. 
 
 Every package in which migratory birds or their nests or eggs* are trans- 
 ported shall have clearly and conspicuously marked on the outside thereof the 
 name and address of the sender, the number of the permit in every case 
 when a permit is required, the name and address of the consignee, a state- 
 ment that it contains specimens of birds, their nests, or eggs for scientific 
 purposes, and, whenever such a package is transported or offered for trans- 
 portation from the Dominion of Canada into the United States or from the 
 United States into the Dominion of Canada, an accurate statement of the 
 contents. 
 
 REGULATION 10.— PERMITS TO KILL MIGRATORY BIRDS INJURIOUS TO PROPERTY. 
 
 When information is furnished the Secretary that any species of migra- 
 tory bird has become, under extraordinary conditions, seriously injurious to 
 agriculture or other interests in any particular community, an investigation 
 will be made to determine the nature and extent of the injury, whether the 
 birds alleged to be doing the damage should be killed, and, if so, during what 
 times and by what means. Upon his determination an appropriate order will 
 be made. 
 
 Now, Therefore, I, Woodrow Wilson, President of the United 
 States of America, do hereby approve and proclaim the foregoing 
 regulations. 
 
 In witness whereof, I have hereunto set my hand and caused the 
 seal of the United States of America to be affixed. 
 
 Done in the District of Columbia, this thirty-first day of July, 
 in the year of our Lord One Thousand Nine Hundred 
 [seal.] and Eighteen and of the Independence of the United 
 States of America the One Hundred and Forty-third. 
 
 Woodrow Wilson. 
 By the President: 
 Frank L. Polk, 
 
 Acting Secretary of State. 
 
 UNIVERSITY OF FLORIDA 
 
 ■' "III III mi iiiii ii mm iii.i 
 
 3 1262 09218 4836 
 
 WASHINGTON : GOVERNMENT PRINTING OFFICE : 1918