PROTECTION OF MIGRATORY

AND INSECTIVOROUS BIRDS OF THE

UNITED STATES,

Pete pene ene anne

Union Calendar No. 281.

62p CONGRESS, t HOUSE OF REPRESENTATIVES. REPORT
2d Session. i No. 680

PROTECTION OF MIGRATORY AND INSECTIVOROUS GAME
BIRDS OF THE UNITED STATES.

May 9, 1912—Committed to the Committee of the Whole House on the state of the
Union and ordered to be printed.

Mr. Lux of Georgia, from the Committee on Agriculture, submitted the
following

PEP OT.

[To accompany H. R. 36.]

The Committee on Agriculture, to whom was referred the bill
(H. R. 36) to protect migratory and insectivorous game birds of the
United States, having considered the same, a majority of the com-
mittee beg to report it back to the House with amendments and with
the recommendation that the bill as amended do pass.

The object of the bill is stated in the title thereof. The committee
gave a public hearing and a large amount of testimony was produced
before it to sustain the provisions of the bill. It appeared that most
of the States of the Union have laws more or less effective in the pro-
tection of game or other birds resident and breeding within their
borders, and by special reservation in the bill none of its provisions
are to be deemed to affect or to interfere with these laws as tosuch birds
or to prevent the States from enacting laws and regulations in aid of
the regulations of the Department of Agriculture provided for in this
bill. Through these local laws, however, it appeared that because of
their nomadic habits little or no real protection was afforded water
fowl and other migratory game birds, and therefore, to secure for
them adequate protection, particularly in the spring, when they are
on their way to their nesting grounds, they should be placed under
the custody of the General Government. It also appeared that
some of the most valuable species of these nomads would soon be
extinct unless immediate congressional protection is afforded.

It was clearly shown that the economic aspect was twofold. The
game birds yield a considerable and an important amount of highly
valued food, and if given adequate protection will be a constant
valuable asset. The insectivorous migratory birds destroy annually
thousands of tons of noxious weed seed and billions of harmful

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2 PROTECTION OF MIGRATORY GAME BIRDS. : ‘‘

insects. These birds are the deadliest foe yet found of the boll
weevil, the gypsy and brown-tailed moths, and other like pests. The
yearly value of a meadow lark or a quail in a 10-acre field of cotton,
corn, or wheat is reckoned by experts at $5. The damage done to
growing crops in the United States by insects each year is estimated,
by those who have made the matter a special study, at about
$800,000,000.

The majority of the committee believe that to give Federal pro-
tection to these birds is no invasion of State rights for, being migra-
tory, they belong to no single State, but to all the States over which
they pass and within which they simply pause for food, rest, or
breeding. It is believed that the question is purely a Federal one
and that under the strictest construction of the Constitution these
migratory birds may and should be subject and entitled to national
protection by act of Congress. |

The interstate bird is as interstate commerce and should be pro-
tected by and subject to the laws of the Nation. Nearly all of the
States of the Union were represented at the hearings by persons,
telegrams, petitions, or letters, as will be shown by the tables in the
exhibits attached hereto.

The committee recommends the following amendments: Change the
title by inserting after the word ‘‘game’’ the words ‘‘and insec-
tivorous.”’

In line 5, page 1, after the word “‘game,’
insectivorous.”’

In line 6, page 2, after the word ‘‘fine,” insert ‘‘not exceeding
$500.’

In line 7, page 2, after the word ‘‘imprisonment,” insert ‘‘not
exceeding 90 days.”’ .

In line 16, page 2, change the word ‘‘effect”’ to ‘‘affect.”’

In line 18, page 2, strike out “‘localized”’ and insert “‘or other birds
resident and breeding.”

Then add to the bill—

_ Sec. 4. That there is hereby appropriated, out of any public money in the Treasury
not otherwise appropriated, for the purpose of carrying out the provisions of this act,
the sum of ten thousand dollars.

Forty-four of the forty-eight States of the Union were represented
at the committee hearing by letter or in person either through their
governors or their State game commissioners, or through representa-
tives of sportmen’s associations, National Association of Audubon
Societies, the American Game Protection and Propagation Associa-
tions, the Boone and Crockett Clubs, the League of American Sports-
men, the New York Zoological Society, and other national associations
interested in the protection proposed by the bill. All favored this
legislation being added to the Federal Statutes. Three ot the States,
Oklahoma, New York, and Massachusetts, have indorsed the propo-
sition by legislative act.

’ insert the words ‘‘and

Alabama: State game and fish commissioners.
Arkansas: State game warden.

California: Board of fish and game commissioners. :
Colorado: Game commissioner, and letter from Gov. Shafroth.
Connecticut: Commissioner of fish and game.

Delaware: Board of game and fish commissioners.

Georgia: Fish and game protective association.

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a. at

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: PROTECTION OF MIGRATORY GAME BIRDS. 3

Idaho: Letter from Gov. Hawley.
Illinois: State game commissioner.-
2 Indiana: State fish and game commissioner, and letter from Gov. Marshall.
- Iowa: State fish and game warden.
. Kansas: State fish and game warden.
_- Kentucky: Fish and game commissioner.
= Maine: President, Maine Fish and Game Association.
Maryland: State fish and game warden.
Massachusetts: Fish and game commission.
Michigan: State game, fish, and forestry warden, and letter from Gov. Osborn.
Minnesota: Minnesota Game and Fish Commission, and letter from Gov. Eherhart.
Mississippi: State game warden.
Missouri: State game and fish department.
Montana: State game warden.
Nebraska: Chief game warden.
New Hampshire: Board of fish and game commissioners.
New Jersey: Fish and game commissioners.
New Mexico: Game warden.
New York: Board of fish and game commissioners, and letter from Gov. Dix.
North Carolina: President North Carolina Audubon Society.
North Dakota: Letter from Gov. Burke.
Ohio: Chief fish and game warden.
Oklahoma: State game and fish warden, and letter from Gov. Cruce.
Oregon: Fish and game commission, and letter from Gov. West.
Pennsylvania: Board of game commissioners.
Rhode Island: Chairman of bird commission.
South Carolina: Chief game warden.
South Dakota: State game warden, and letter from Gov. Vessey.
Tennessee: State game warden.
Texas: Game, fish, and oyster commissioner, and letter from Gov. Colquitt.
Utah; Fish and game commissioner, and letter from Gov. Spry.
Vermont: Department of fisheries and game.
Virginia: Secretary game protective association.
Washington: Fish and game commissioner.
West Virginia: West Virginia State forest, game, and fish warden.
Wisconsin: State game warden, and letter from Gov. McGovern.
Wyoming: Letter from Gov. Carey.
Nova Scotia: Chief game commissioner.

Also resolutions of the Legislatures of Oklahoma, New York, and
Massachusetts.

In 1857. the Legislature of Ohio considered the passage of a bill
protecting the wild pigeon. The wisdom of its senate formulated the
following by a select committee:

PASSENGER PIGEON AND SNIPE IN OHIO, 1857.

The passenger pigeon needs no protection. Wonderfully prolific, having the vas:
forests of the North as its breeding grounds, traveling hundreds of miles in search of
food, it is here to-day and elsewhere to-morrow, and no ordinary destruction can lessen
them or be missed from the myriads that are yearly produced.

The snipe (Scolopax wilsonii) needs no protection. * * * The snipe, too, like
the pigeen, will take care of itself, and its yearly numbers can not be materially
lessened by the gun.

The wild goose does not, perhaps, need general protection, though if any linger here
till near breeding time they should be spared.

It was but a short time after these statements before their unwisdom
was demonstrated.
_ It appears that in Canada, where most of the ducks breed which
winter on the Atlantic coast, there is no shooting between January 1
and September.

The following is from Dr. T. S. Palmer, Assistant Chief of Bureau
of Biological Survey, United States Department of Agriculture, and

4 PROTECTION OF MIGRATORY GAME BIRDS.

presented to the House Committee on Agriculture while this bill was
under consideration:

Exuipitr A.—MsmMorANDUM CONCERNING THE MOvEMENT IN Favor OF FEDERAL
PROTECTION.

[By T. 8. Palmer.]

For several years past a movement has been in progress to place the protection of
migratory birds in charge of the Federal Government. With the multiplicity of
State laws and the divergence in their provisions, coupled with the frequently recog-
nized reluctance on the part of State legislatures to extend protection to the birds
which do not breed within the State, there has been a feeling that the most effective,
if not the only permanent, protection to be secured, 1s through the efforts of the Gen-
eral Government. This idea was finally crystallized into definite form in 1904 by Hon.
George Shiras, 3d, then a Member of Congress from Pennsylvania, who introduced
on December 5, 1904, a bill (H. R. 15601) to protect the migratory game birds of the
United States. This measure was introduced, but no hearing was requested, the
object being to bring the matter to the attention of sportsmen and to invite a full dis-
cussion of its provisions, especially on the question of constitutionality. The meas-
ure at once attracted general notice and was discussed throughout the United States.
It provided, in effect, that migratory game birds should hereafter be deemed to be
within the custody and protection of the United States Government and should not
be captured except under regulations provided by the Department of Agriculture,
and that such rezulations should be made public for a period of three months before
final adoption. The bill was referred to the House Committee on Agriculture, but
was not reported before the adjournment of Congress. At the close of the session Mr.
Shiras retired from Congress, but continued his interest in the subject and prepared
an elaborate brief on Federal protection of wild fowl, which was later published as a
supplement to Forest and Stream.! In this paper he discussed very fully the rela-
tions of the jurisdiction of the General Government and the States and more especially
‘‘Federal control of things migratory,’’ Including migratory diseases, migratory
insects, migratory birds, and migratory fish.

The Rixey bill—In the session of Congress following the introduction of the Shiras
bill, Mr. Rixey, of Virginia, introduced, on February 28, 1906, in the first session of
the Fifty-ninth Congress, a bill (H. R. 15849) to protect wild waterfowl on the Poto-
mac River and its tributaries. Under this bill it was made unlawful to shoot water-
fowl of any kind on the Potomac River from any boats except sailboats and rowboats,
or with any guns larger than No. 8, or to shoot before daybreak or after dark. The
United States district courts, the police court of the District of Columbia, the United
States commissioners, and justices of the peace in Maryland, Virginia, and the Dis-
trict of Columbia were given jurisdiction to try all cases arising under the act, and
it was made the duty of all United States officers and all United States buoy tenders,
officers of the United States tugboats and transfer boats running between the District
of Columbia and Indianhead to enforce the provisions of the act. The provisions
giving United States district courts jurisdiction and requiring certain United States
officers to enforce the law virtually places the protection of migratory birds under
the protection of the General Government and, though of local application, made the
bill one of great importance in the development of the question of Federal jurisdic-
tion of migratory game. This bill was also referred to the House Committee on
Agriculture and two or three months later a hearing was granted, and the committee
voted to refer the measure to the Attorney Genel for an opinion as to its constitu-
tionality; but further than this no other action seems to have been taken.

The Weeks bill.—The third attempt at legislation regarding migratory birds was
made at the second session of the Sixtieth Congress. On December 8, 1908, Hon.
John W. Weeks, of Massachusetts, introduced a bill (H. R. 22888) to protect migra-
tory game birds of the United States. This measure, modeled closely after the Shiras
bill, was referred to the Committee on Agriculture, but was not reported. At the
first session of the Sixty-first Congress Mr. Weeks, on May 28, 1909, reintroduced his
bill (H. R. 10276) with slight modifications, and it was again referred to the same
committee. During the winter of 1909-10 renewed interest in the subject was mani-
fested throughout the country, and the Weeks bill was widely discussed in sportsmen’s
journals,' and its provisions were generally indorsed by those who are interested in
game protection. Some persons, though strongly in favor of the purpose of the meas-

1 Among the more important articles on the subject is that by A. S. Houghton on “ Federal protection
for our migratory birds.” (Field and Stream, Vol. XV, pp. 851-857, Jan., 1910.)

PROTECTION OF MIGRATORY GAME BIRDS. 5

ure, hesitated to indorse its provisions owing, chiefly, to some doubt as to the consti-
tutionality of a measure which gave the General Government jurisdiction over
migratory birds.

The Lafean bill.—Another recent effort to place birds under Federal jurisdiction
was a bill (H. R. 18585) providing for the protection of Antwerp homing pigeons when
in an interstate flight, introduced on January 18, 1910, by Hon. D. F. Lafean, of
Pennsylvania. Under the provisions of this measure it was made an offense, pun-
ishable by a fine of $5 to $50, or by imprisonment for not more than 50 days, to kill
or capture any registered, banded carrier pigeon while in interstate flight. This
moacure was referred to the Committee on Interstate and Foreign Commerce.

A later modification of the Weeks bill, which may be known as the Lacey modifica-
tion, was introduced by Mr. Weeks in the Sixty-first Congress on January 6, 1911.
This bill (H. R. 30572) was prepared by Hon. John F. Lacey several years before. In
explaining its provisions Mr. Lacey says:

“The bill that I finally prepared was in substance limited to spring migration, and-
drawn so as to protect the birds during the varying periods of their northward progress.
The period of protection might vary, but the actual time would always be susceptible
of proof.”’

Saction 1 of the bill reads as follows:

“That from and after the passage of this act it shall be unlawful anywhere in the
United States or the Territories thereof or in the District of Columbia to shoot, trap,
snare, capture, injure, or kill any of the following-named migratory birds during the
period of their northern migration in the spring of the year: Ducks, geese, brant,
swans, rail, snipe, pigeons, doves, woodcock, plover, or other waterfowl commonly
classed and known as game birds, whether herein named or not; also robins, bluebirds,
woodpeckers, or other insectivorous, migratory wild birds, whether named herein
or not.”

The full text of this bill, with an explanation by the author, may be found in Field
and Stream, Volume XV, page 1024, March, 1911.

At the first session of the Sixty-second Congress three bills and a Senate joint resolu-
tion were introduced on the subject of the protection of migratory game birds. These
measures were as follows: The Weeks bill (H. R. 36), introduced April 4, 1911; the
Anthony bill (H. R. 4428), introduced April 12, 1911; the McLean bill (S. 2367),
introduced May 17; and Senate joint resolution 39, proposing an amendment to the
Constitution providing that Congress shall have power to protect migratory birds,
introduced June 28. The McLean bill follows much the same lines as the Anthony
bill.

In order to show the development of proposed legislation the provisions of the
original Shiras bill and the Weeks bill of 1909 are given in parallel columns. — [These
should be compared with the bill reported by the committee. }

Suiras Bir. Weeks Brit (Mopirication or 1909).

[58th Cong., 3d sess., H. R. 15601, Dee. 5, 1904.] [61st Cong., Ist sess., H. R. 10276, May 28, 1909.]

A BILL To protect migratory game birds of the A BILL To protect migratory birds of the United
United States. States.

Whereas experience has shown that
laws passed by the States and Terri-
tories of the United States to protect
game birds within their respective
limits have proved insufficient to pro-
tect those kinds and classes of said
birds which are migratory in their
habits and which nest and hatch their
young in States other than those in
which they pass the usual hunting sea-
son, and in some cases breed beyond
fue boundaries of the United States:
and

Whereas such local Jaws are also inap-
plicable and insufficient to protect
such game birds as, in their migra-
tions, are found in the public waters of
the United States, outside the limits
and jurisdiction of the several States
and Territories; and

6 PROTECTION OF MIGRATORY GAME BIRDS.

Whereas the absence of uniform and
effective laws and regulations in such
cases has resulted in the wholesale
destruction and the threatened exter-
mination of many valuable species of
said game birds, which can not be prac-
tically restored or restocked under
State laws applicable in the case of
game birds having their permanent
habitat within the respective States
and Territories: Therefore,

Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That all
wild geese, wild swans, brant, wild ducks,
snipe, plover, woodcock, rail, wild
pigeons, and all other migratory game
birds which in their northern and south-
ern migrations pass through or do not
remain permanently the entire year
within the borders of any State or Terri-
tory, shall hereafter be deemed to be
within the custody and protection of the
Government of the United States and
shall not be destroyed or taken contrary to
regulations hereinafter provided for.

Sec. 2. That the Department of Agri-
culture is hereby authorized to adopt
suitable regulations to give effect to the
previous section by prescribing and fixing
closed seasons, having due regard to the
zones of temperature, breeding habits,
and times and line of migratory flight,
thereby enabling the department to select
and designate suitable districts for differ-
ent portions of the country within which
said closed seasons it shall not be lawful
to shoot or by any device kill or seize and
capture migratory birds within the pro-
tection of this law, and by declaring penal-
ties by fine or imprisonment, or both, for
violations of such regulations.

Sec. 3. That the Department of
Agriculture, after the preparation olf
said regulations, shall cause the same
to be made public and shall allow a
period of three months in which said
regulations may be examined and con-
sidered before final adoption, permit-
ting, when deemed proper, public hear-
ings thereon, and after final adoption
to cause same to be engrossed and sub-
mitted to the President of the United
States for approval: Provided, how-
ever, That nothing herein contained
shall be deemed to affect or interfere
with the local laws of the States and
Territories for the protection of game
localized within their borders, nor to
prevent the States and _ Territories
from enacting laws and regulations to
promote and render efficient the regu-
lations of the Department of Agricul-
ture provided under this statute.

Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That all
geese, swans, brant, ducks, snipe, plover,
woodcock, rail, pigeons, and all other mi-
gratory birds which, in their northern and
southern migrations, pass through or do not
remain permanently the entire year within
the borders of any State or Territory shall
hereafter be deemed to be within the cus-
tody and protection of the Government of
the United States, and shall not be de-
stroyed or taken contrary to regulations
hereinafter provided for.

Src. 2. That the Department of Agri-
culture is hereby authorized to adopt
suitable regulations to give effect to the
previous section by prescribing and fixing
closed seasons, having due regard to the
zones of temperature, breeding habits,
and times and line of migratory flight,
thereby enabling the department to select
and designate suitable districts for differ-
ent portions of the country within which
said closed seasons it shall not be lawful
to shoot or by any device kill or seize and
capture migratory birds within the pro-
tection of this law, and by declaring penal-
ties by fine or imprisonment, or both, for
violations of such reeulations.

Sec. 3. That the Department of
Agriculture, after the preparation of
said regulations, shall cause the same
to be made public and shall allow a
period of three months in which said
regulations may be examined and con-
sidered before final adoption, permit-
ting, when deemed proper, public hear-
ings thereon, and after final adoption
to cause same to be engrossed and sub-
mitted to the President of the United
States for approval: Provided, how-
ever, That nothing herein contained
shall be deemed to affect or interfere
with the local laws of the States and
Territories for the protection of game
localized within their borders, nor to
prevent the States and _ Territories
from enacting laws and regulations to
promote and render efficient the regu-
lations of the Department of Agricul-
ture provided under this statute.

PROTECTION OF MIGRATORY GAME BIRDS. 7

Exurpit B.—Statutory DEFINITIONS oF Game Birps.

Game birds are defined by law in at least 35 States. Congress has also defined them
under the game laws of Alaska and the District of Columbia, as follows:

Alaska.—The term ‘‘game birds” shall include waterfowl, commonly known as
ducks, geese, brant, and swans; shore birds, commonly known as plover, snipe, and
curlew, and the several species of grouse and ptarmigan. (35 Stat., 102.)

District of Columbia.—The following only shall be considered game birds: The
anatide, commonly known as swans, geese, brant, river and sea ducks; the rallide,
commonly known as rails, coots, mud hens, and gallinules; the limicole, commonly
known as shore birds, plovers, surf birds, snipe, woodcock, sandpipers, tattlers, and
curlews; the gallinee, commonly known as wild turkeys, grouse, prairie chickens,
pheasants, partridges, and quails, and the species of icteride, commonly known as
marsh blackbirds and reed birds or rice birds. (31 Stat., 1091.)

These definitions show much uniformity, and in general confine the game list to 4
natural groups of birds:

1. Waterfowl (anatidze). 2. Shore birds (limicole). 3. Rails, coots, and gallinules
(rallidee). 4. Gallinaceous birds, including grouse, quail, and turkeys (gallinz).

In some States doves and robins are added, and in still others a few species of minor
importance.

Following are the definitions under each State law. With comparatively few

exceptions, the list in each State is confined to the representatives in that State of the
four groups above mentioned:
' Alabama.—The following only shall be considered game birds: The anatidz, com-
monly known as swans, geese, brant, and river and sea ducks; rallide, commonly
known as rails, coots, mud hens, and gallinules; the limicule [limicole], commonly
known as shore birds, plovers, surf birds, snipe, woodcock, sandpipers, tattlers, and
curlews; the galline, commonly known as wild turkeys, grouse, pheasants, and quails;
and the species of columbze, commonly known as turtle or mourning doves. (Criminal
Code, 1907, chap. 224, sec. 6956.)

California.—The following only shall be considered game birds: The anatidz, com-
monly known as swans, geese, brant, and river and sea ducks; the rallide, com-
monly known as rails, coots, mud hens, and gallinules; the limiculz [limicolz], com-
monly known as shore birds, plover, surf birds, snipe, sandpipers, tattlers, and curlews;
the galline, commonly known as wild turkeys, grouse, prairie chickens, pheasants,
partridges, and quails; and the species of columbze known as wild pigeons and doves.
(Penal Code, sec. 637a.)

Colorado.—The following only shall be considered game birds: The anatadee [ana-
tide], commonly known as ducks, geese, brants, crane, and swans; the rallide, com-
monly known as rails, gallinules, coots, and phalaropes, avocets, stilts, woodcocks,
snipes, dowitchers, sandpipers, sanderlings, godwits, yellow legs, willets, curlews,
plovers, killdeers, and turnstones; the gallinz, commonly known as quails, partridges,
grouse, prairie chickens, pheasants, and wild turkeys; the columbee, commonly known
as wild pigeons and doves. (Laws of 1903, p. 227, sec. 1.)

Connecticut.—The following only shall be considered game birds: The anatade
[anatidz], commonly known as swans, geese, brant, and river and sea ducks; the ral-
lide, commonly known as rails, coots, mud hens, and gallinules; the limiculaw [limi-
cole], commonly known as shore birds, plovers, surf birds, snipe, woodcock, sand-
pipers, tattlers, and curlews; the gallinsee, commonly known as wild turkeys, grouse,
prairie chickens, pheasants, partridges, and quails. (Code, chap. 191, sec. 3127.) —

Delaware.—The following only shall be considered game birds: The anatadee [ana-
tide], commonly known as geese, brant, and river and sea ducks; the rallide, com-
monly known as rails, coots, mud hens, and gallinules; the limicole, commonly known
as shore birds, plovers, surf birds, snipe, woodcock, sandpipers, tattlers, and curlews;
the gallinee, commonly known as wild turkeys, grouse, prairie chickens, pheasants,
partridges, and quail; also the reed bird of the icteridze and the dove. (Vol. 26,
chap. 165, sec. 2.)

Florida.—The following only shall be considered game birds: The anatadze [anatidee]
commonly known as swans, geese, brant, and river and sea ducks; the rallidze, com-
monly known as rails, coots, mud hens, and gallinules; the simicole [limicolee], com-
monly known as shore birds, plovers, surf birds, snipe, woodcock, sandpipers, tattlers,
and curlews; the ealline, commonly known as wild turkeys, grouse, prairie chickens,
pheasants, partridges, and quails; also turtle doves, tame and wild pigeons, and
robins. (Laws of 1901, chap. 4957.) .

Georgia.—The following shall be deemed game birds: Quail, commonly known as
bob white partridges, doves, snipe, woodcocks, and curlews, wild turkeys, grouse,
pheasants, * * * and summer or wood duck. (Laws of 1911, No. 238, sec. 11.)

8 PROTECTION OF MIGRATORY GAME BIRDS.

Illinois —The following only shall be considered game birds: The anatidze, com-
monly known as swan, geese, brant, river and sea ducks; the rallide, commonly
known as rail, and the gallinules and limicole, commonly known as shore birds,
' plover, surf birds, snipe, woodcock and pipers, tattlers, and curlews; the calinane
felt], commonly known as wild turkey, grouse, prairie chicken, pheasant,
partridges, quail, and mourning dove. (Laws of 1905, p. 243, sec. 3.)

Indiana.—Game birds: The anatidze, commonly called swans, geese, brant, river
and sea duck; the rallidze, commonly called rails, coots, mud hens, gallinules; the
limicolee, commonly called shore birds, surf birds, plover, snipe, woodcock, sandpipers,
tattlers, and curlews; the galline, commonly called wild turkeys, grouse, prairie
chickens, quail, and pheasants. (Code, sec. 602.)

Towa.—The following only shall be considered game birds: The anatidz, com-
monly known as swans, geese, brant, and river and sea ducks; the rallide, commonly
known as rails, coots, mud hens, and gallinules; the limicole, commonly known as
shore birds, plovers, suri birds, snipe, woodcock, sandpipers, tattlers, and curlews;
the gallinee, commonly known as wild turkeys, grouse, prairie chickens, pheasants,
partridges, and quail. (Code, chap. 15, sec. 2561.)

Kansas.—Game birds. commonly known as geese, brant, any wild river or sea ducks,
and plover or snipe, any grouse or prairie chicken, or any quail. (Laws of 1911, chap.
198, sec. 15.

Rats The following only shall be considered game birds: The anatidee, com-
monly known as swans, geese, brant, and river and sea ducks; the rallide, commonly
known as rails, coots, mud hens, and gallinules; the limicole, commonly known as
shore birds, plovers, surf birds, snipe, woodcock, sandpipers, tattlers, and curlews;
the gallinze, commonly known as wild turkeys, grouse, prairie chickens, pheasants,
partridges, and quail; and the species of columbidze, commonly known as mourning
doves. (Gen. Stat., 1904, sec. 1954 A.)

Louisiana.—The following only shall be considered game birds: Wild geese, brant,
wild sea and river ducks, wood ducks, grosbeaks, rails (mud hens), coots (poule d’eau),
gallinules, snipe, woodcock, sandpipers (cherooks and papabotte), tattlers, curlews,
plover, wild turkey, imported pheasants and partridges, grouse, prairie chickens,
quail, doves, robins, and red-winged blackbirds. (Laws of 1910, No. 259, sec. 2.)

Maine.—The following only shall be considered game birds: The anatidee, commonly
known as swans, geese, brant, and river and sea ducks; the rallidze, commonly known
as rails, coots, and gallinules; the limicole, commonly known as shore birds. plovers,
surf birds, snipe, woodcock, sandpipers, tattlers, and curlews; the galline, commonly
known as wild turkeys, grouse, prairie chickens, pheasants, partridges, and quails.
(Laws of 1909, chap. 90.)

Michigan.—The following shall be considered * * * game birds: The anatide,
commonly known as geese, brant, and wild duck; the rallidze, commonly known as
rails, coot, and gallinules; the limicole, commonly known as shore birds, snipe, wood-
cock, plovers, and sandpipers, tattlers, and curlews; the gallinze, commonly known as
pheasants, grouse, prairie chicken, and quail. (Laws of 1911, act 275, sec. 13.)

Minnesota.—The following only shall be considered game birds: The:anatidz, com-
monly known as swan, geese, brant, river and sea ducks; the linole [limicolee], com-
monly known as plover, snipe, and woodcock; the gallinez, commonly known as
grouse, prairie chickens, pheasants, partridges, and quail. (Laws of 1905, chap. 344,
sec. 39.)

Mississippt.—The following shall be considered game birds: Swans, geese, brant,
wood duck, rail (mud hen), river and sea ducks, coots, gallinules, surf birds, snipe,
plover, grosbeak, wild turkey, prairie chickens, quail, and doves, woodcock, sand-
pipers, tattlers, and curlews. (Laws of 1904, chap. 98, sec. 2.)

Missouri.—The following only shall be considered game birds: The anatide, com-
monly known as swans. geese, brant, river and sea ducks; the rallide, commonly
known as rails, coots, mud hens, and gallinules; the limicole, commonly known as
shore birds, plovers, surf birds, snipe, woodcock, sandpipers, tattlers, and curlews;
the gallinze, commonly known as wild turkeys. grouse, prairie chickens, pheasants,
partridges, and quails; the columbee, commonly known as doves and pigeons. (Laws
of 1909, p. 519.)

Nebraska.—Turkey, prairie chicken; sage chicken, grouse, quail, pheasant, par-
tridge, ptarmigan, wild duck, wild goose, brant, swan, crane, wild water fowl, wild
pigeon, dove, snipe, curlew. (Game laws, 1911, art. 2, sec. 1.)

New Hampshire.—The following only shall be considered game birds: The anatide,
commonly known as swans, geese, brant, and river and sea ducks; the rallide, com-
monly known as rails, coots, mud hens, and gallinules; the limicole, commonly known
as shore birds, plover, surf birds, snipe, woodcock, sandpipers, tattlers, and curlews;
the gallinzee, commonly known as wild turkeys, grouse, prairie chickens, pheasants,
partridges, and quails. (Laws of 1901, chap. 79, sec. 33.)

PROTECTION OF MIGRATORY GAME BIRDS. 9

New Jersey —The following shall be considered game birds: The anatide, com-
monly known as swans, geese, brant, and river and sea ducks; the rallidee, commonly
known as rails, gallinules, coots, and mud hens; the limicole, commonly known as
shore birds, plovers, surf birds, snipe, woodcock, sandpipers, tattlers, and_curlews;
the gallinee, commonly known as wild turkeys, grouse, prairie chickens, pheasants,
partridges, and quails; and the species of icteridaee commonly known as reed birds.
(Laws of 1911, chap. 168.)

North Carolina.—The following only shall be considered game birds: Loons and
erebes, swans, geese, brant, river fish, and sea ducks, rails, coots, marsh hens and
gallinules, plover, shore and surf birds, snipe, woodcock, sandpipers, yellow legs,
chewink or towhee and curlews, and the wild turkey, grouse, partridge, pheasant,
quail, dove, robin, and meadow lark. (Code, 1905, sec. 1875.)

North Dakota.—The following only shall be considered game birds: The anat-
ide, commonly known as the swan, geese, brant, river and sea ducks; the limicole,
commonly known as plover, snipe, woodcock; the galline, commonly known as
grouse, prairie chicken, pheasants, partridges, and quail. (Laws of 1911, chap. 141,
sec. 12.

Ohio. ‘The birds named in this section shall be known and classed as game birds
in contradistinction to all other birds: [Virginia partridge, quail, ruffed grouse, wood-
cock, Carolina dove, rail, shore bird, plover, snipe, wild duck, wild goose, wild swan,
coot, mud hen, Mongolian pheasant, English pheasant, ring-necked pheasant, or
other pheasant.] (Code, sec. 1412.)

Oklahoma.—The term ‘‘game bird” shall include quail, partridge, pheasant,
grouse, prairie chicken, wild turkey, plover, snipe, sandpipers, tattlers, curlew,
woodcock, ducks, geese, brant, crane, swans, wild pigeons, and turtle doves. It
shall also include any part of such bird. (Laws of 1909, chap. 19, art. 1.)

Oregon.—The following shall be considered game birds: The anatide, commonly
known as swan, geese, brant, and river and sea ducks; the rallidee, commonly known
as rails, coots, mud hens, and gallinules; the limicole, commonly known as shore
birds, plovers, surf birds, snipe, woodcock, sandpipers, tattlers, and curlews; the
galline, commonly known as wild turkeys, grouse, prairie chickens, pheasants,
partridges, and quail. (Code, sec. 2268.)

Pennsylvania.—The following shall be considered game birds in this Common-
wealth: The anatidse, commonly known as swan, geese, brant, and river and sea
ducks, and the pygopodes, known as loons and grebes—the members of these two
orders being commonly known as wild wateriowl—the rallidze, commonly known
as rails, coots, mud hens, and gallinules; the limicole, commonly known as shore
birds, plovers, surf birds, snipe, woodcocks, sandpipers, tattlers, and curlews; the
galline, commonly known as wild turkeys, grouse, pheasants, partridges, and quail;
and the birds known as dove, reed birds, and blackbirds. (Laws of 1909, No. 204,
sec. 5.)

South Carolina.—The following shall be considered game birds: Swans, wild
geese, brant, wild ducks, rails (marsh hens), coots, gallinules, surf birds, snipe, wood-
cock, sandpipers, upland plover, curlew, wild turkey, prairie chicken, quail (par-
tridge), rice birds, blackbird, and dove. (Laws of 1905, No. 474, sec. 2.)

South Dakota.—The following only shall be considered game birds: The anatide,
commonly known as swans, geese, brants, and river and sea ducks; the rallidze, com-
monly known as rails, coots, mud hens, and gallinules; the limicole, commonly known
as shore birds, plovers, surf birds, snipe, woodcock, sandpipers, tattlers, and curlews;
the gallinze, commonly known as wild turkeys, grouse, prairie chickens, pheasants,
partridges, and quail. (Laws of 1907, chap. 159, sec. 2.)

Tennessee.—The follo ing * * * birds only shall be considered as game: The
galline, commonly known as wild turkeys, grouse, prairie chickens, pheasants, sage
hens, partridges, and quails; the anatidze, commonly known as swans, geese, brant,
ducks—both river, lake, and sea ducks; the rallidze, commonly known as rails, coots,
and mud hens; the limicole, commonly known as plovers, snipe, woodcock, sand-
pipers, tattlers, willets, curlews, godwits, and avocets; the icteride, commonly known
as marsh black birds; also doves, meadow larks, and robins. (Laws of 1907, chap.
185, sec. 16.)

Texas.—The following shall be considered game birds: Wild turkey, wild ducks,
wild geese, wild grouse, wild prairie chickens (pinnated grouse), wild Mongolian or
English pheasants, wild quail or partridges, wild doves, wild pigeons, wild plover,
wild snipe, wild jacksnipe, wild curlews, wild robins, and wild Mexican pheasants
or cachalaca. (Laws of 1907, chap. 144, sec. 2.)

Washington.—The following only shall be considered game birds: The anatide,
commonly known as swans, geese, brant, and river and sea ducks; the rallide, com-
monly known as rails, coots, mud hens, and gallinules; the limicole, commonly known

10 PROTECTION OF MIGRATORY GAME BIRDS.

as shore birds, plovers, surf birds, snipe, sandpipers, tattlers, and curlews; the gal-
linze, commonly known as grouse, prairie chickens, pheasants, partridges, and quail.
(2 Rem. and Bal. Code, sec. 5345.)

West Virginia.—The following shall be considered game birds, to wit: The anatade
[anatidze], commonly known as ducks, geese, swan, and brant; the rallidee, commonly
known as mud hens, rails, coots, and gallinules; the limicole, commonly known as
shore birds, plover, snipe, woodcock, tattlers, curlews, ortolan, sandpiper; and gal-
linze, commonly known as wild turkey, ruffed grouse or pheasant, quail or bobwhite.
(Laws of 1909, chap. 60, sec. 23.)

Wisconsin.—The following only shall be considered game birds: Gallinaceous birds
or upland birds, to wit, pheasants, goruse, partridge, bobwhite or quail, and prairie
chicken; anatidee or swimmers, to wit, wild geese, brandt, swan, all varieties of wild
ducks, including American coot or mud hen; limicole, shore birds or waders, to wit,
woodcock, snipe, plover, rail, and rice hens. (Laws of 1907, chap. 544.)

Wyoming.—The following shall be considered game birds: The anatidee, commonly

_known as swan, geese, brandt, and river and lake ducks; the rallidze, commonly known
as rails, coots, and mud hens; the limicole, commonly known as shore birds, plovers,
snipe, sandpipers, tattlers, willets, curlews, godwits, and avocets; the gallinaw [gal-
linge], commonly known as grouse, prairie chickens, pheasants, sage hens, partridges,
and quails. (Comp. Stat., 1910, chap. 183, sec. 2788.)

Exnipit C.—Some Important Dates SHOWING PROGRESS IN PROTECTION OF MIGRA-
TORY Brrps.

1791. New York: First close season for a migratory bird in the United States, wood-
cock, February 20-July 1.

re Massachusetts: First close season for woodcock, snipe, and robins, March 1—
July 4.

1846. Rhode Island: First law prohibiting spring shooting and first protection for
waterfowl. Close seasons for robims, wood ducks, and black ducks. February 1-
September 1; woodcock and snipe, February 1—October 1; grass plover, February 1—
August 1.

1849. Massachusetts: First close season for plover, curlew, dough bird or chicken
bird, April 20—July 1.

1857. Ohio: Report of Senate committee on game bill, stating that certain migratory
birds need no protection. (Rept. State board of agriculture for 1860, p. 387.)

1859. Pennsylvania: First close season for rail.

1861. Nevada: First close season for sandhill crane, geese, and swan, April 1-Sep-
tember 1.

1871. Minnesota: First law prohibiting export of woodcock for sale or traffic.

1878. Iowa: First bag limit on migratory birds, 25 snipe and woodcock per day.
Export of snipe and woodcock prohibited.

1887. Dakota: First general close season for ducks or other waterfowl. First bag
limit on ducks.

1899. Connecticut: First bag limit on rail.

1899. Wyoming: First close term for migratory birds, swan protected at all times.
ea Introduction of the Shiras bill providing Federal protection for migratory

irds.

1904. Louisiana: Close term for wood duck at all seasons for five years (repealed
1906).
ea Introduction of the Weeks bill providing Federal protection for migratory

irds.

1909. Memorial of the Legislature of Oklahoma petitioning Congress to enact a law
protecting migratory birds (H. Con. Res. 5), approved January 30, 1909.

1910. Status of protection of certain migratory birds: Ducks protected in 44 States;
rail, in 33 States; snipe, in 40 States; woodcock, in 30 States.

PROTECTION OF MIGRATORY GAME BIRDS. il

Exuisir D.—Crosine Dates or THE HuNnTING SEASON IN THE NORTHERN {STATES
AND IN THE ADJOINING PROVINCES OF CANADA.

The foilowing table shows the closing dates of the hunting season for certain kinds
of migratory birds in the Northern States and in adjoining Provinces of Canada. When
the season closes on or before March 1 effective protection is afforded any migratory
birds in these latitudes. If the season does not close until some time in April or May,
as in Pennsylvania, Ohio, and Michigan, spring shooting causes undue destruction of
the birds on their northward flight to the breeding grounds.

Examination of this table will show that the seasons in Canada are as effective as
those in the United States in that they close before the arrival of the birds fromjthe
South, except in Ontario in the case of geese and swan.

Table showing closing dates of hunting season on seven kinds of migratory birds in the

Northern States and in adjoining Provinces of Canada.

[Arranged from east to west.]

Weeks Plover. | Curlew. | Snipe. | Duck. | Goose. | Swan.
NORTHERN STATES. |
IMIG HI de) eer a et eee ena oe Deckea Ihe Wecee ci noe. S-5- NCO N ap ilemle eam 1 Mis 2. 20 oho ee ciatiek ie I
New Hampshire...--...-------- LPLGS ee (@) Haye eRe GO eens He bate | areas cpaaees | at en ea crs
WESTON eRe Serena RC eae nee WO dG Deo, Sh passes Glo —.-|| dete, || deve al (1)
NIC asp ACO) elie Bede ao te Serr Dacteidank salilijanse ote (ans etn Vantilin ane is anas stl
Renn Syl Wai assess tl ara eedoeeeswecs winizeedoz May 1) Apr. 10] Apr. 10) Apr. 10
OMIM aoe See same eee cies Dec. 5 Apr. 21 |.-..do- Apr. 21 | Apr. 21 | Apr. 21 | Apr. 21
ING Clay oan ee ery hg ee Venn I dkeiek Pe sl ee eae re fens Vil |] ZAyoyes TNL | diel, kas ke
WWHSGONSIN Se eee sass oe sees Deews delteDecky aes ee. Dyes ib) dein) Salita nye ait ()
Minnesotan ce. scene sect oe nee Nhe GC || INOW M70 ||Sanedeee- Nov. 7 | Dee. 1 |) Dec. 1) Dec. 2
INOEtIHEDakotane tse sss. 47st ee INIOWALD IN OW) 2) ees ee Nor. 2] Dec. 16 | May 10 (1)
INWGray ahah Mae ae see nese eel eee COA ae emer coe eae peers |e omer Jane Vin) Janke seven ea:
Wola Operate ete ei eee era |e epoca sia MODs glee arse Heb: Reb, J Reb: i (4)
Wiashingetom sie sae wet. Aca Eee Es do:.--| Feb: 1 dome. OES ealeseChsse| IMO
CANADA. | |
|
News BrunSwiG@ke- =e. ss-s-es---! Deco nle | anemia vane le ech mn DCCs m2 hDeCnn 2s Ene set
@Mebecweer eases eek aes Habseacnlmbebemela|=bebsee Mie brett Manes yl) Pee es nie eee
OlntanOV sae 524 -eae e Noy. 16 | Dec. 16 | Dec. 16 | Dec. 16 | Dec. 16 | Apr. 16 | Apr. 16
Minato banc memes cane Secu cc aechavses Malesia 3 Lei eee eo Var l DeGs: Wo lnaes secre |eeenree
SaSkacehe wales sae sae e = ea ~oH6Mss5-)) dais A iseeeOssesl deka Ail |) dienes aa dene, as
INIA cos coo ene SeLL Soopeaeeae SSeeaeas a GWisee se OWS AAC e ae see Oeres Nosaises ti 1 WDyae
TSvniMelav CWUDITTNOB.scsueedeeacodleauocce see Iii, Vil led odneeee (2) Apr. 1| @ (2)
| |
1 Closed. 2 Fixed by lieutenant governor in council.

Exuipir E.—Dates or BREEDING OF DucKS AND OTHER WATERFOWL IN HARLY
SPRING.

The following table is arranged chronologically to show dates on which nests
of waterfowl containing eggs or young have actually been found in different States.
It will be noticed that several species begin to breed in March and others in April.
Any State law which permits hunting of waterfowl in the month of April not only
encourages the destruction of the birds during their northern migration, but permits
the killing of birds even while nesting. In several States the open season now con-
tinues after some species like the wood duck have begun nesting.

f2 PROTECTION OF MIGRATORY GAME BIRDS.

Breeding records of ducks in the United States prior to May 1.

Date when eggs or

young found. Locality.
Wioodyduck eens asereees Mar. 19,1877... 2. Wekiva River, northern Florida (young).
“Hooded merganser......---- Mar. 28, 1877......---- Central Florida, near Blue Springs on St. Johns
River (young a week old).
PUT pan Aeon e arm a ere Agri el O1O MS ea ee Tolna, N. Dak. (eggs).
Mottled duck..........-..-- Apr. 4, 1889......-...- Near Corpus Christi, Tex.
Hlonida ducks: 2--- eee see Joes Gh ITE oo Kissimmee River, Fla. (young).
Mallard) coe ite seek arly eAcprilse see se a= = 2 “ Beads ist of April to last of June,” Los Angeles,
al.
WWV@OGl Clb. sso eo skocsose Mt. Pleasant, S. C. (eggs).
American mergamser......-- -| Kingston, Ontario.
Me ards ee are ee Ne ay spas Columbia River, Wash. (eggs).
Canada goose. ...----------- Heron Lake, southern Minnesota (eggs).
DO seas: be seco ees: Elk River, Minn. (eggs).
Gadiwalll.- se noo ele erate Los Angeles, Cal. (incubated eggs).
Hooded merganser......-..- Santee River, 8S. C. (young out of nest).
\W/C@oGl GINO Eco coencesscsode Oswego, N. Y. (eggs).

Canton, Ill. (eggs).
Malheur Lake, Oreg.
Haywards, Cal. (eggs).

Hooded merganser.......---
Canada goose. .......---.---
Shovelemass assesses hes ees

Hooded merganser.-.....---- Madoc, Ontario.

Mottled duck. ....--...--.-. Apr. 30, 1837.....-...-- Galveston, Tex. (eggs).
Blackiduckeeeeeereeeeeeere Apr. 30, 1883 or 1884...| Rehoboth, Mass. (eggs).
Wioodidtucke ease erases Late April, 1905....-.. Princeton, N. J. (eggs).
Jerbagehi See Aa eee aM ne loa May i, 1879e 2 222-2. = == Hancock County, Iowa.
Canada goose. ....--.--.---- May 1, 1895.........-. Central Wyoming (eggs).

Exurpit F.—BrREEDING Dates oF WoopcocKk AND PROTECTION AFFORDED UNDER
Loca Laws In States Hast or tHe Mississiep1 RIvER.

The woodcock is one of the earliest breeders among game birds. In the South
it frequently deposits its eggs in February and in the Northern States before the
middle of April. In the first column are shown specific dates and localities on which
eggs or young have been found. As the period of incubation is about 30 days, any
record of ‘‘young” would indicate that the first eggs were laid at least 30 days pre-
viously. Breeding records when compared with migration records indicate that the
birds are usually paired when they arrive on the nesting grounds.

At present the woodcock has no protection in Florida or Mississippi and in only
a few counties in North Carolina. In Alabama the season does not close until March
15 and in Tennessee until April 15, some time after the birds have begun to breed.
Consequently in these States it is lawful to kill woodcock during the time when they
are nesting.

Table showing breeding dates of woodcock and protection afforded under State laws east of
the Mississippi River. :

Date of clos-
State. Breeding dates. ing of hunt-

ing season.
AVI ayia eesti Aa pi Set ln TE PPA ead a i NU Rockland, Apr. 26, 1886 (eggs)............-...------ Dee. 1.
INTG py OUD ea ria STUT TS oy ee 2 Set pay ty HED IE Uc ee Do.
AYMGincaloyay yearn NCE ee wet aes Middlebury, May 4, 1889 (eggs in April)......._.__.. Noy. 15
Massa chusevts sae see aan ne Near Cambridge, Apr. 15 (eggs)...................-. Nov. 16
OG evs am de ae ees eae a tee UNG OD EAS (S14 UCD ee SE aah a ab eee Be eS a Dec. 16
Wonnecticuiiseeeen assay e eee Norwich, Apr. 5, 1888 (young); Mar. 16 (eggs)....._- Nov. 23
ING wany/onkae oc fey tks ae ae a a Southern New York, Apr. 1 (eggs)................-- Dee. 1
ING Wa RISC Verse eee Cay Vee New Brunswick, Mar. 9, 1905 (eggs)............._..- Dee. 2
Pennsylvania : Berks County, May 18, 1907 (young) (eggs in March).| Dec. 1
Delaware tse ieee fe ee ACE SAS a Rib els ak bi rare Ro ee ee bet ad A Ca AOR Jan. 1
Mia rsyi] Sara Gh Se he ee eo yea Lower Cedar Point, Feb. 25, 1891 (eggs) ...........-. Dee. 25
AYA eATHAN ey oa evrsim toe ner AU ONS Unie ae Falls Church, Apr. 18, 1897 (young); Mar. 20 (eggs)...| Feb. 1
WSS GV star ori Te VE see NA SGI IS oe Ca As RRR Nea Ce rel ecg Eh Dec. 20
REG IATL C ey ee aa te Oy hi ie Teta LA Ud AU ae eal kL nT a ea AR OL eee Feb. 1
ONTOS ey Ay Renee eres as Bey ae Oberlin, Apr. 19, 1901 (young); Mar. 25 (eggs)._._... Dee. 5
IMGT CO eee rad Se ee en name ADT SAO IOOE (CR ES) Eis Nie a Ne Ae aia re OV Jan. 1
Aira it a ae ery ere ce ea Be ES a Wheatland, Mar. 14, 1882 (eggs)....................- Do.
MIMO IS AIA Se ares ees ame ee ee ae Philo, May 28, 1899 (young); late March (eggs)..._.. July 1, 1915
VVSISCOTAS UTM Sasi Soe cA es Mme SHS LPL US SNES [ei ee eto TR OUR DSN el I COR Decwe
INO Adm Cem, oo ok so seem acace Raleigh, Mar. 19, 1890 (young); late February (eggs).| Local laws.
ouLhy Caroling sass =e sess eee see ae Capers Island, Feb. 13, 1903 (eggs)................... an. 15.
Georgia SaaS as sae enle cee ummm he eee pavannahreHebsy22.1 892i (Cos) eee aan eee mene as Feb. 1
TL ORIG aie a cise een te Jacksonville, Mar. 10, 1877 (young); Feb. 5 (eggs). _..
VNIE) op anon aces, Ree eee
Mississippi }
PING NT ESSEC ayaa see a ce

A

GAYLORD BROS.

MAKERS

SYRACUSE, - NY.

PAT JAN. 21,1908

iii