S. B. A. — B. s. S3 Ironed September 1935 United States Department of Agriculture BUREAU OF BIOLOGICAL SURVEY SERVICE AND REGULATORY ANNOUNCEMENTS MIGRATORY BIRD TREATY ACT REGULATIONS: 1935 * [As approved and promulgated by the President July 31, 1918, nnd amend' d Oct. L'~>, litis; Julv 28, 1919; July 9, 1920; Mar. 3 and May 17. 1921 ; Mar. 8, 1922; Apr. 10 and June n. L923; Apr. 11 and July 2, 1924; June 22, 1 925 : Mar. 8, Apr. 22, and June 18, L926; Apr. 4 and 21. and Sept. 6, 1927; -Mar. 2, July 13. and Aug. 16, 1928; Apr. 23 and Dec. 31, 1929; May 23 and Aug. 25, 1930; Mar. 17, Aug. 25, and Sept. 12, 1931; July 20, L932 ; Sept. 11, 1933; Aug. 20, 1934; and Feb. 2, July 30, Aug. 27, and Sept. 26, 1935.] Regulation 1. — Definitions of Migratory Birds Migratory birds, included in the terms of the convention between the United Stuies and Great Britain for the protection of migratory birds, concluded August !«'>, 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 cools, gallinules and sora and other rails. (d) Limicolae, or shore bird-, including av< cets, curlews, dowitchers, god- wits, knots, oyster catchers, phalaropes, plovers, sandpipers, snipe, stilts, surf birds, turnstones, willet, woodcock, and yellow] (r) Columbidae, or pigeons, including doves and wild pigeons. 2. Migratory insectivorous birds: Cuckoos; flickers and other woodpeckers; nighthawks, or bullbats, and whip-poor-wills; swifts; hummingbirds; flycatch- ers; bobolinks, meadow larks, 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 gnatcatchers ; robins and other thrushes; and all other perching birds which feed entirely or chiefly on bisects. 3. Other migratory nongame birds: Auks, anklets, bitterns, fulmars. gannetS, grebes, guillemots, gulls, herons, jaegers, loons, murres, petrels, puffins, shear- waters, and terns. I 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 and to include — Secretary. — The Secretary of Agriculture of the United State-. Person. — The plural or the singular, as the case demands, individuals, clubs, associations, partnerships, and corporations, unless the context otherwise requires. Take. — Hunt, kill, or capture, or attempt to hunt. k'ul. or capture. 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. [As amended Aug. 20, 1934; and July 30, 1935.] 'Full text of the Migrator^ Bird Treaty nad the Migratory I'.i d Treaty Act .and other Federal laws concerning wildlife ^uiiieihtniiflXL r ■$>inr be 'Stained bv consulting Service nnd Regulatory Announcements, P>. s. 82. Persons desiring lnfUBuiati restrictions on seasons, bag and nossessioD limits, nnd other Hun communicate with appropriate Statfe officials, .whose addresses are g Note.— These regulations supersede thoserwued in 4ugust 1935. 15831°— 35 m regarding further g pn>\ Isions si. >uld n on page 8. "tPOSITORY 2 BUREAU OF BIOLOGICAL SURVEY [S. R. A. Regulation S. — 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 shotgun only, not larger than no. 10 gage, fired from the shoulder, except as specifically permitted by regulations 7, 8, 9, and 10 hereof, but they shall not be taken wi:h or by means of any automatic-loading or hand-operated repeating shotgun capable of holding more than 3 shells, the magazine of which has not been cut off, or plugged with a one-piece metal or wooden filler incapable of removal through the loading end thereof, so as to reduce the capacity of said gun to not more than 3 shells at one loading ; they may be taken during the open season from the land or water, with the aid of a dog, and from a blind, boat, or floating craft of any kind, except as hereinafter provided, not more than 100 feet from the shore line as determined by ordinary high water or, where there is natural growth or vegetation existing beyond such shore line, not more than 100 feet from such growth or vegetation pro- truding above the surface of the water at the time of taking such birds, except that scoters (sea coots) may be taken in coastal waters without reference to such distance limitation ; but migratory game birds are not permitted to be taken from or by aid of an automobile, airplane, sinkbox (battery), power boat, sailboat, any boat under sail, any floating craft or device of any kind towed by power boat or sailboat. Waterfowl (except those taken under permit for propagation pursuant to regulation 8 of these regulations) and mourning doves are not permitted to be taken with or by aid of corn, wheat, oats, or other grain or products thereof, salt, or any kind of feed by whomsoever, or for whatsoever purpose, placed, deposited, distributed, scattered, or otherwise put out in any environment what- soever, whereby such waterfowl or doves are lured, attracted, or enticed to the hunter; and in the taking of waterfowl, the use directly or indirectly, of live duck or goose decoys is not permitted ; nor shall anything in these regulations be deemed to permit the use of an airplane, power boat, sailboat, or Other floating craft or device for the purpose of concentrating, driving, rallying, or Stirring up migratory waterfowl. [As amended July 28, 1919; Mar. 3 and May 17, 1921; Apr. 4, 1927; Mar. 2, 1928; Apr. 23, 1929; Mar. 17. 1931; July 20, 1932; Sept. 11, 1933; Aug. 20, 1934; and Feb. 2, July 3U, and Aug. 27. 1935.] Regulation 4. — Open Seasons on and Possession of Certain Migratory Game Birds Waterfowl (except snow geese in Florida and all States north thereof border- ing on the Atlantic Ocean, Ross's goose, wood duck, ruddy duck, bufilehead duck, and swans), coot, and Wilson's snipe or jacksnipe, may be taken each day from 7 a. m. to 4 p. m., standard time, and rails (other than coot), wood- cock, mourning doves, and band-tailed pigeons from 7 a. m., standard time, to sunset each day during the open seasons prescribed therefor in this regulation, and they may be taken by the means and in the numbers permitted by regula- tions 3 and 5 hereof, respectively, and when so taken may be possessed in the numbers permitted by regulation 5 any day in any State, Territory, or District during the period constituting the open season where killed and for an addi- tional period of 10 days nex L succeeding said open season, but no such bird shall be possessed in a Slate, Territory, or District at a time when such State, Territory, or District prohibits the possession thereof. Nothing herein shall be deemed to permit the taking of migratory birds on any reservation or sanctuary established under the Migratory Bird Conservation Act of February 18, 1929 (45 Stat. 1222), nor on any area of the United States set aside under any other law, proclamation, or Executive order for use as a bird, game, or other wildlife reservation, breeding grounds, or refuge except insofar as may be permitted by the Secretary of Agriculture under existing law, nor on any area adjacent to any such refuge when such area is designated as a closed area under the Migratory Bird Treaty Act. Waterfowl (except snoio geese in Florida and all States north thereof border- ing on the Atlantic Ocean, Ro88 f 8 goose, wood duck, ruddy duck, bufilehead duck, and straits), Wilson's snipe or jacksnipe, and coot. — The open seasons for waterfowl (except snow geese in Florida and all siatos north thereof border- ing on the Atlantic Ocean, Hoss's goose, wood duck, ruddy duck, bulllchead (]\]k, and swans), Wilson's snii>c or jacksnipe, and coot, in the several States and Alaska, shall be as follows; both dates inclusive: In Colorado, Connecticut, Idaho, Illinois, Indiana. Iowa. Kansas. Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana. Nebraska, Nevada, B. S. So J MIGBATOEY BIRD TREATY ACT REGULATIONS, 193 5 6 New Hampshire, New York, LncludiDg Long Island, North Dakota. Ohio. Oregon, Pennsylvania, Rhode Island. South Dakota, Utah, Vermont, Wisconsin, Washing- ton, and Wyoming, October 21 to November li); In Alabama, Arizona, Arkansas, California, Delaware, Florida. Georgia, Kentucky, Louisiana, Maryland. Mississippi, New Jersey, New Mexico. North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia, November 20 to December 19; and In Alaska west of the I4ls1 meridian, September 1 to September 30, and east thereof. September 20 to October 19. Rails (except coot). — The open seasons for rails (except coot) shall be from September 1 to November 30, both dates inclusive, excepl as follows: Washington and Massachusetts, October 1 to November 3 days thereafter, in nu In any l calendar week Dot exceeding those permitted to be taken in l day by regulation 5, If transportation and | □ of such birds is not prohibited by the laws of such State or Districl and If imported and transported in ; ages marked as hereinbefore provided. (As amended Oct. 2.".. 1018; July 9, lazo; Mar. 8, 192G ; Apr. 4. 1927; Mar. 17. 1931 j July 20. 1932; Sept 11, 1933; and July 30, 1935.] Regulation 7. — Taking of Certain Migratory Ncngame 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, anklets, guillemots, mimes, 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 at any time migratory waterfowl and their eggs for propagating purposes when authorized hy a permit issued by the Secretary. Waterfowl and their eggs so taken may he possessed by the permittee and may be sold and transported hy 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 hy him at any time, in any manner, except that they may be killed by shooting only during the open season for waterfowl in the State where killed, and the carcasses, with heads and feet 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, but no migratory waterfowl killed by shooting shall be bought or sold unless each bird before attaining the age of 4 weeks shall have had removed from the web of one foot a portion thereof in the form of a V large enough to make a permanent, well-defined mark, which shall be sufficient to identify it as a bird raised in domestication under a permit. 3. Any package in which such waterfowl or parts thereof or their eggs are transported shall have plainly and conspicuously marked on the outside thereof the name and address of the permittee, the 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 euu r <. 5. A person gin ted a permit under this regulation shall keep books and records which shall correctly set forth the total number of each species of Waterfowl and their eggs possessed on the date of application for the permit and on the 1st day of each January next following; also for each calendar year during the life of the permit the total number of each species reared and killed, number of cadi 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 the number and species and whether sold alive or dead ; and the date 6 BUREAU OF BIOLOGICAL SURVEY [S. R. A. of each transaction. A report setting forth this information shall be annually furnished the Secretary during the month of January for the preceding calendar year. 6. A permittee shall at all reasonable hours allow any authorized employee of the United States Department of Agriculture to enter and inspect the prem- ises where operations are being carried on under this regulation and to inspect the books and records of such permittee relating thereto. 7. A permit issued under this regulation shall be valid until revoked by the Secretary unless otherwise specified therein, shall not be transferable, and may be revoked by the Secretary, if the permittee violates any of tne provisions of the Migratory Bird Treaty Act or of the regulations thereunder. A permit duly revoked by the Secretary shall be surrendered to him by the person to whom it was issued, on demand of any employee of the United States Department of Agriculture duly authorized to enforce the provisions of the Migratory Bird Treaty Act. 8. A person may possess and transport for his own use, without a permit, live migratory waterfowl now lawfully possessed or hereafter lawfully acquired by him, but he may not purchase or sell such waterfowl without a permit. A State or municipal game farm or city park may possess, purchase, sell, and transport live migratory waterfowl without a permit, but no such waterfowl Bhall be purchased from or sold to a person (other than such State or municipal game farm or city park) unless he has a permit. The feathers of wild ducks and wild geese lawfully killed, and feathers of such birds seized and condemned by Federal or State game authorities may be possessed, bought, sold, and transported, for use in making fishing flies, bed pillows, and mattresses, and for similar commercial purposes, but not for millinery or ornamental purposes. [As amended Oct. 25, 1918; July 9, 1920; Apr. 10 and June 11, 1923; and SS« pt. 11. 1933.] Regulation 9. — Permits to Collect Migratory Birds for Scientific Purposes A person may take at any time migratory birds and their nests and eggs for scientific purposes when authorized by a permit issued by the Secretary, which permit shall be carried on his person when he is collecting specimens there- under and shall be exhibited to any person requesting to see the same ; except that nothing herein shall be deemed to permit the taking of any migratory game bird during the open season therefor between 4 p. m. and 7 a. in. of the next succeeding day, standard time, or in any manner or by any means not permitted by regulation 3 of these regulations. Application for a permit must be addressed to the Secretary of Agriculture, Washington, D. C, and must contain the following information: Name and ad- dress of the applicant, his age, and name of State, Territory, or District in which specimens are proposed to be taken, and the purpose for which they are intended, and the names and addresses of at least two well-known ornithologists, principals or superintendents of educational or zoological institutions, officials or members of zoological or natural-history organizations, or instructors in Boology in high schools, colleges, or universities from whom may be ascertained the qualifications of the applicant for a permit. The permit may limit the number and species of birds, birds' nests, or eggs that may be collected thereunder and the places where they may be collected and may authorize the holder thereof to possess, buy, sell, exchange, and trans- port in any manner and at any time migratory birds, parts thereof, and their nests and eggs for scientific purposes ; or it may limit the holder to one or more of these privileges. Public museums, zoological parks, and societies and public scientific and educational institutions may possess, buy, sell, exchange, and transport in any manner and at any time migratory birds and parts theieof and their nests and eggs for scientific purposes without a permit, but no specimens shall be taken without a permit. The plumage and skins of migratory ^ame birds legally taken may be possessed and transported by a person without a permit. A taxidermist, when authorized by a permit issued by the Secretary, may possess, buy. sell, excbaime. and transport in any manner and at any time migratory birds and parts thereof legally taken, or he may be limited to one or more of these privileges. A taxidermist granted a permit under (his regulation Bhall keep books and records correctly setting forth the name and address of each person delivering each specimen of a migratory bird to him, together with tin- Dame of each species, the date of delivery, the disposition of such specimen, and the date thereof, which said books and records shall be available for inspec- B. S. S3] MIGKATOKY BIRD TREATY ACT REGULATIONS, 1935 7 tion at all reasonable home <-n request by any duly authorized i ative of tl merit of Agriculture. h permit shall be invalid after June 30 succe< date of shall Dot be transferabli . the Secretary. A permit revoked by the S iiim by the person to \\ bom it \\ i States Department I the tory Bird Treaty Act A [»erson holding a permit under this regulation shall report annually to the Secretary on or before the loth day of Julj number of skins, n< - collected, bought, sold, received, possessed, mounted, exchanged, or transported during the preceding I - and failure to make such report will be cause for refusal to renew the permit. Every package in which migratory birds or their nests or eggs are t. 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 statement that it contains specimens of birds, their nests, or eggs for scientific purposes, and, whenever such a package Is transported or offered for transportation from the D amnion of Canada into the United States or from the United States into the Dominion of Canada, an accurate statement of the contents. [As am nded Oct. 25, 1918 ; Mar. 3. 1921 ; June 11. 1923 ; Apr. 2:5, 1929 ; Mar. 17. 1931 ; July 20, 1932; Sept. 11. 1!>33 ; Aug. 20. 1934 ; and July 30, 1935.1 Regulation 10.— Permits to Kill Migratory Birds Injurious to Property Community injury. — When information is furnished the Secretary that any species of migratory bird has become, under extraordinary conditions, Beriously 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, it so, during what times and by what means. Upon his determination an appropriate order w 11 be made. Specific injury. — Upon receipt by the Secretary of information from the owner, tenant, or share cropper that migratory birds are injuring his crops or other property on the land on which he resides, together with a statement of the location of the land, the nature of the crops or property being injured, the extent of such injury, and the particular species of birds commi ting the injury, an investigation will be made by the Bureau of Biological Survey of the Department of Agriculture, and if it is determined from su h investigation that the injury complained of is substantial and can be abated only by killing the birds, or so many thereof as may be necessary, a permit to kill the birds will be issued by the Chief of said Bureau, in which permit will be specified the time during which, the means and methods by which, and the person or person^ by whom the birds may be killed, and the disposition to be made of the birds so killed, and such other restrictions as may be deemed necessary and appropriate in the circumstances of the particular case: Provided, however, That in every permit issued as aforesaid it shall be specified that no such birds shall be shot at or killed at any time or in any manner not authorized by the laws of the State in which such permit is effective; and as to migratory waterfowl, that they shall not be shot at or killed (1) from any blind, sink, pit, or any other device or means of concealment, whether natural or artificial, movable or stationary, or on land or water; (2) by means of any gun larger than no. 10 gage, or of any gun to which a silencer has been attached or other- wise affixed : and (3) by the use of decoys of any description, or of traps or nets of any kind. [As amended Aug. 20. 1934.] Regulation 11.— State Laws for the Protection of Migratory Birds Nothing in these regulations shall be construed to permit the taking, posses- sion, sale, purchase, or transportation of migratory birds, their nens are not inconsistent with the convention between the United s ates and Great Britain for the protection of migratory birds concluded August 16, 1916, or the Migratory Bird Treaty Act and do not extend the open seasons for such birds beyond the dates prescribed by these regulations. [Added by proclamation of Oct. 25, 1918, as amended July 9. 1920.] UNIVERSITY OF FLORIDA 3 1262 09218 5312 OFFICIALS FROM WHOM COPIES OF GAME LAWS MAY BE OBTAINED Federal laws: Secretary of Agriculture, Washington, D. C. Alabama: Department of Game, Fish, and Seafoods, Montgomery. Alaska: Executive Officer, Alaska Game Commission, Juneau ; or Secretary of Agriculture. Washington, D. C. Arizona: State Came Warden, Phoenix. Arkansas: Secretary Came and Fish Com- mission, Little Rock. California: Executive Officer. Fish and Came Commission, 450 McAllister Street, San Francisco. Colorado: State Game and Fish Commis- sioner, Denver. Connecticut: Superintendent of Fisheries and Game, Hartford. Be'aware: Chief Game and Fish Warden, Dover. District of Columbia: Superintendent Metro- politan Police. Washington. Flondas Commission of Game and Fresh Water Fish, Tallahassee. Georgia: Game and Fish Commissioner, Atlanta. Hawaii: Fish and Game Division, Board of Agriculture and Forestry, Honolulu. Idaho: Fish and Go. me Warden, Boise. Illinois: Director Department of Conserva- tion, Springfield. Indiana: Director of Game and Fish, Con- servation Department, State House, In- dianapolis. Iowa: Director. State Conservation Com- mission, Des Moines. Kansas: State Fish and Game Warden, Pratt. Kentucky: Game and Fish Commission, Frankfort. Louisiana: Commissioner of Conservation, Court Building. New Orleans. Maine: Commissioner of Inland Fisheries and Game. State House, Augusta. Maryland: State Game Warden, 512 Munsey Building, Baltimore. Massachusetts: Director Division of Fish- eries and Game, 20 Somerset Street, Boston. Michigan: Director Commission of Con- servation, Lansing. Minnesota: Commissioner. Department of Conservation, St. Paul. Mississippi: Director of Conservation, State Game and Fish Commission, .lack-son. Missouri: Game and Fish Commissioner, Jefferson City. Montana: State Fish and Game Warden, Helena. Nebraska: State Game Warden, Lincoln. Nevada: Secretary of State Fish and (lame Commission, Reno. New Hampshire: Fish and Game Commis- sion. Concord. Now Jersey: Secretary of Board of Fish and Came Commissioners, Trenton. New Mexico: State Game and Fish Warden, San I a Fe. 8 and and Co- New York: Director of Fisheries and Game, Conservation Department, Albany. North Carolina: Commissioner of Game and Inland Fisheries, Department of Con- servation and Development. Raleigh. North Dakota: Game and Fish Commis- sioner, Bismarck. Ohio: Commissioner of Conservation, Co- lumbus. Oklahoma: State Fish and Game Warden, Oklahoma City. Oregon: State Game Commissioner, 616 Oregon Building. Portland. Pennsylvania: Executive Secretary Board of Game Commissioners, Elarrisburg. Rhode Is'and: Chief. Division of Fish Game, Department of Agriculture Conservation, Providence. South Carolina: Chief Game Warden, iumbia. South Dakota: Director Division of Game and Fish, Department of Agriculture, Pierre. Tennessee: Director, Board of Conservation for Game, Fish, and Wildlife, Nashville. Texas: Executive Officer, Game, Fish, and Oyster Commission, Austin. Utah: Fish and Game Commissioner, Salt Lake City. Vermont: Director, Fish and Game Service, Montpelier. Virginia: Executive Secretary, Commission of Game and Inland Fisheries, Richmond. Washington: Director of Game, 401-412 Lloyd Building. Seattle. West Virginia: Director of Conservation, Charleston. Wisconsin: Conservation Director, Madison. Wyoming: State Game and Fish Commis- sion, Cheyenne. Canada: Commissioner, National Parks of Canada. Ottawa. Alberta: Gaine Commissioner, Edmonton. British Columbia: Game Commission, 411 Dunsmuir Street, Vancouver. Manitoba: Director of Game and Fisheries, Winnipeg. New Brunswick: Chief Game Warden, Fred- ericton. Northwest Territories: Director of Lands. Northwest Territories and Yukon Branch, Deportment of the Interior, Ottawa, Ontario. Nova Scotia: Department of Lands and Forests. Halifax. Ontario: Department of Game and Fish- eries, Toronto. Prince Edward Island: Game Inspector, Provincial Treasury Department, Char- lottetown. Quebec: General Superintendent of Fish- eries and Game, Quebec. Saskatchewan: Game Commissioner, De- partment of Natural Resources, Regina. Yukon: Territorial Secretary, Dawson. Newfoundland: Clerk, Game and Inland Fisheries. St. Johns. Mexico: .lefe. Departamento Forestal y do Caza y Pesca, Callc de Edison 145, City of Mexico, D. F. U.S. GOVERNMENT PRINTING OFFICE: l?S> For sale by Die Superintendent of Documents, Washington, D. C. Price 5 cents