Convention between the United States and Great Britain for the protection of migratory birds in the United States and Canada

ft •>

S. R.A.-B. S. 48. Issued September 30, 1922.

United States Department of Agriculture

SERVICE AND REGULATORY ANNOUNCEMENTS.

BUREAU OF BIOLOGICAL SURVEY.

MIGRATORY BIRD TREATY, ACT, AND REGULATIONS.1

CONVENTION BETWEEN THE UNITED STATES AND GREAT
BRITAIN FOR THE PROTECTION OF MIGRATORY BIRDS IN THE
UNITED STATES AND CANADA.2

[39 Stat, 1702.]

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas a Convention between the United States of America and
the United Kingdom of Great Britain and Ireland for the protection
of migratoiy birds in the United States and Canada was concluded
and signed by their respective plenipotentiaries at Washington, on
the sixteenth day of August, one thousand nine hundred and sixteen,
the original of which Convention is word for word as follows :

Whereas, Many species of birds in the course of their annual mi-
grations traverse certain parts of the United States and the Domin-
ion of Canada ; and

Whereas, Many of these species are of great value as a source of
food or in destroying insects which are injurious to forests and for-
age plants on the public domain, as well as to agricultural crops, in
both the United States and Canada, but are nevertheless in danger
of extermination through lack of adequate protection during the

: Including amendments of the regulations approved October 25, 1918 ; July 28, 1919 ;
July 9, 1920; March 3, 1921; May 17, 1921 ; and March 8, 1922.

2 Signed at Washington August 16, 1916 ; ratification advised by the Senate August 29,
ratified by the President September 1. and by Great Britain October 20; ratifications ex-
changed December 7 ; proclaimed December 8, 1916. Constitutionality of the treaty and
act sustained by the United States Supreme Court in decision rendered April 19, 1920. in
case of State of Missouri v. Ray P. Holland (252 U. S. 416) ; see also U. S. r. Lumpkin
(276 Fed. 5S0). _

Canada, by an act of PaHmment^aiipiotod, August 29, lOTl gave full effect to this
convention, and promulgated iM^uIaii^h^.Qfe^i^^^Iay 11, 1918. Validity of act of
Dominion Parliament upheld by.-JSWiMVin't^uuil 61 Prunfe Edhvard Island in decision
• Michaelmas term, 1920) rendered in case of The King v. Russdll C Clark.
8746 — 22 «-»< •» 1

2 BUREAU OF BIOLOGICAL SURVEY. S. IJ. A..

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 harm-
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 Eight Honorable Sir Cecil Arthur
Spring Eice, 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.

(o) Gruidae or cranes, including little brown, sandhill, and whooping cranes.

(c) Kallidae or rails, including coots, gallinules and sora and other rails.

{d) Limicolae or shorebirds, including avocets, curlew, dowitchers, god wits,
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, wax-wings, whippoorwills, wood-
peckers and wrens, and all other perching birds which feed entirely or chiefly

on insects.

3. Other Migratory Nongame Birds : Auks, anklets, bitterns, fulmars, gannets,
grebes, guillemots, gulls, herons, jaegers, loons, murres, petrels, pufflms, shear-
waters, and terns.

ARTICLE II.

The High Contracting Powers agree that, as an effective means of preserv-
ing migratory birds there shall be established the following ctosfe seasons during
which do hunting shall be done except for scientific or propagating purposes
under permits issued by proper authorities.

i. The close season on migratory game birds shall be bet* sen March 10 and
September 1, except that the close season on the Limicolae or sraorebirds in the
Maritime Provinces of Canada and in those states of the United States border-

B.S.4« BUREAU OF BIOLOGICAL SURVEY. 3

ing on the Atlantic Ocean which arc situated wholly or in part north of Chesa-
peake Bay shall be between February 1 and August 15, and that Indians may
take at any time scoters for food but not for sale. The season for hunting
s'hall be further restricted to such period not exceeding- three and one-half
months as the High Contracting Powers may severally deem appropriate and
define by law or regulation.

2. The close season on migratory insectivorous birds shall continue through-
out the year.

:\. 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 ten years next
following the going into effect of this Convention there shall be a continuous
close season on the following migratory game birds, to wit: —

Band-tailed pigeons, little brown, sandhill and whooping cranes, swans, cur-
lew and all shorebirds (except the black-breasted and golden plover, Wilson or
jack snipe, woodcock, and the greater and lesser yellowlegs) ; provided that
during such ten years the close seasons on cranes, swans and curlew in the
Province of British Columbia shall be made by the proper authorities of thai
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 migra-
tory 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 trans-
ported, or offered for transportation from the United States into the Dominion
of Canada or from the Dominion of Canada into the United States, shall have
the name and address of the shipper and an accurate statement of the contents
clearly marked on the outside of such package.

ARTICLE VII.

Permits to kill any of the above-named birds which, under extraordinary
conditions, may become seriously injurious to the agricultural or other inter-

4 BUREAU OF BIOLOGICAL SURVEY. * S. R. A.,

ests in any particular community, may be issued by the proper authorities
of the High Contracting Powers under suitable regulations prescribed therefor
by them respectively, but such permits shall lapse, or may be canceled, at any
time when, in the opinion of said authorities, the particular exigency has passed,
and no birds killed under this article shall be shipped, sold, or offered for sate.

ARTICLE VIII.

The High Contracting Powers agree themselves to take, or propose to their
respective appropriate law-making bodies, the necessary measures for insuring

thf 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 exchange
of the ratifications. It shall remain in force for fifteen years and in the event
of neither of the High Contracting Powers having given notification, twelve
months before the expiration of said period of fifteen years, of its intention of
terminating 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 sinned the
present Convention in duplicate and have hereunto affixed their seals.
Done at Washington this sixteenth day of August, one thousand
nine hundred and sixteen.

[seal. | Robert Lansing.

[seal.] Cecil Spring Rice.

And whereas the said Convention has been duly ratified on both
parts, and the ratifications of the two Governments were exchanged
in the City of Washington, on the seventh day of December, one
thousand nine hundred and sixteen;

Now. therefore, be it known that I, Woodrow Wilson, President
of the United States of America, have caused the said Convention
to be made public, to the end that the same and every article and
clause thereof may be observed and fulfilled with good faith by the
United States and the citizens thereof.

In testimony whereof, I have hereunto set my hand and caused the
seal of the United States to be affixed.

Done at the City of Washington this eighth day of December in
the year of our Lord one thousand nine hundred and sixteen, and
of the Independence of the United States of America the one hun-
dred and forty-first.

[seal.] Woodrow Wilson.

By the President :
Robert Lansing,

Si crt tary of State.

B. S. 48 BUREAU OF BIOLOGICAL SURVEY. 0

MIGRATORY-BIRD TREATY ACT.3

[Approved July 3, 1918. 40 Stat.. 755.]

AN ACT To give effect to the convention between the United States and Great Britain for
the protection of migratory birds concluded at Washington, August .sixteenth, nineteen
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 he 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 be-
tween the Unifed States and Great Britain for the protection of migratory
birds concluded August sixteen, nineteen hundred and sixteen, or any part,
nest, or egg of any such bird.

Sec. 3. That subject to the provisions and in order to carry out the purposes
of the convention, the Secretary of Agriculture is authorized and directed, from
time to time, having due regard to the zones of temperature and to the 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 wThat 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
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
captured, killed, or taken, or from which it was shipped, transported, or carried.

Sec. 5. That any employee of the Department of Agriculture authorized by
the Secretary of Agriculture to enforce the provisions of this Act shall have
power, without warrant, to arrest any person committing a violation of this
Act in his presence or view' and to take such person immediately for 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 competent 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,

3 Constitutionality of act sustained by Supreme Court in docision rendered April 19,
1920, in case of State of Missouri r. Hay P. Holland (252 U. S. 416).

874G— 22 2

6 BUREAU OF BIOLOGICAL SURVEY. S. K. A.,

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 misdemeanor and upon conviction thereof shall be fined
not more than $500 or be imprisoned not more than six months, or both.

Sec. 7. That nothing in this Act shall be construed to prevent the several
States and Territories from making or enforcing laws or regulations not in-
consistent with the provisions of said convention or of this Act, or from making
or enforcing laws or regulations which shall give further proration to migra-
tory birds, their nests, and eggs, if such laws or regulations do not extend
the open seasons for such birds beyond the dates approved by the President
in accordance with section 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 eggs as are intended and used ex-
clusively for scientific or propagating purposes may be taken, captured,
killed, possessed, sold, purchased, shipped, and transported for such scientific
or propagating purposes if and to the extent not in conflict with the laws
of the State, Territory, or District in which they are taken, captured, killed,
possessed, sold, or purchased, or in or from which they are shipped or trans-
ported if the packages containing the dead bodies or the nests or eggs of such
birds when shipped and transported shall be marked on the outside thereof
so as accurately and clearly to show the name and address of the shipper and
the contents of the package.

Sec 9. That the unexpended balances of any sums appropriated by the
agricultural appropriation Acts for the fiscal years nineteen hundred and
seventeen and nineteen hundred and eighteen, for enforcing the provisions of
the Acl approved March fourth, nineteen hundred and thirteen, relating to the
protection of migratory game and insectivorous birds, are hereby reappropriated
and made available until expended for the expenses of carrying into effect the
provisions of this Act and regulations made pursuant thereto, including the
payment of such rent, and the employment of such persons and means, as the
Secretary of Agriculture may deem necessary, in the District of Columbia
and elsewhere, cooperation with local authorities in the protection of migratory
birds, and necessary Investigations connected therewith: Provided, That no
person who is subject to the draft for service in the Army or Navy shall be
exempted or excused from such service by reason of his employment under
this Act.

Sec. 10. That if any clause, sentence, paragraph, or part of this Act shall.
Cor 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 Acl are hereby repealed.

B. S. 48 BUREAU OF BIOLOGICAL SURVEY. (

Sec. 12. Nothing in this Act shall be construed to prevent the breeding at
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.

[As approved and promulgated by the President, July 31, 1918, and amended October 25,
1918, July 28, 1919, July 9, 1920, March 3, 1921, May 17, 1921, and March 8, 1922. I

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. Migrator)/ game bi?-ds:

(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 coot, 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 in&eetivorous birds: Cuckoos; flickers and other woodpeckers;
nighthawks or bull-bats and whip-poor-wills; swifts; hummingbirds; flycatch-
ers; bobolinks, meadowlarks, and orioles; grosbeaks; tanagers; martins and
other swallows; waxwings; shrikes; vireos ; warblers; pipits; catbirds and
brown thrashers ; wrens; brown creepers; nuthatches; chickadees and titmice;
kinglets and gnat catchers; robins and other thrushes; and all other perching
birds which feed entirely or chiefly on insects.

3. Other migratory nongame birds: Auks, auklets, bitterns, fulmars, gannets,
grebes, guillemots, gulls, herons, jaegers, loons, murres. petrels, puffins, shear-
waters, and terns.

[As amended July 9, 1920.]

REGULATION 2.— DEFINITIONS OF TERMS.

For the purposes of these reguhitions 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.

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 lie 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 din-
ing the open season with a gun only, not larger than No. To gauge, fired from
the shoulder, except as specifically permitted by Regulations 7. 8, '.>. and 10
hereof; they may be taken during the open season grom the land and water,
with the aid of a dog, the use of decoys, mid from a blind or Boating device

8 BUREAU OF BIOLOGICAL SURVEY. S. A. R.,

(other than an airplane, powerhoat. sailboat, any boat under sail, or any
floating device towed by powerboat or sailboat).

[As amended July 28, 1919, March 3, 1921, and May 17, 1921.]

REGULATION 4.— OPEN SEASONS ON AND POSSESSION OF CERTAIN MIGRATORY

GAME BIRDS.

For the purpose of this regulation, each period of time herein prescribed as
an open season shall be construed to include the first and last days thereof.

Waterfowl (except wood duck, eider ducks, and swans), rails, coot, gal-
linules, black-bellied and golden plovers, greater and lesser yellowlegs, wood-
cock, Wilson snipe or jacksnipe, and mourning doves may be taken each day
from half an hour before sunrise to sunset during the open seasons prescribed
therefor in this regulation, by the means and in the numbers permitted by
Regulations 3 and 5 hereof, respectively, and when so taken, may be possessed
any day in any State, Territory, or District during the period constituting
the open season where killed and for an additional period of 10 days next
succeeding said open season, but no such birds shall be possessed in a State,
Territory, or District at a time when such State, Territory, or District pro-
hibits the possession thereof.

Waterfowl {except ivood duel:, 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 jack-
snipe shall be as follows :

In Maine, New Hampshire, Vermont, Massachusetts, New York (except Long
Island), Pennsylvania. Ohio. West Virginia, Kentucky, Indiana, Michigan.
Wisconsin, Illinois, Minnesota, Iowa. Missouri, 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 Moun-
tain* the open season shall be from September 16 to December 31:

In Rhode Island. Connecticut. Now Mexico. Utah. California, and that por-
tion of Oregon and Washington 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.
Delaware. Oklahoma. Texas, and Arizona 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.

Black-bellied and golden idm-ers and greater <md lesser yellowlegs. — The
open seasons for black-bellied and golden plovers and greater and lesser
yellowlegs shall be as follows:

In Maine. \Vw Hampshire, Massachusetts, Rhode Island. Connecticut, New
York, New Jersey, Delaware, Maryland, and Virginia the open season shall be
from August 16 io November 30;

In the District of Columbia. North Carolina, South Carolina, Tennessee,
Arkansas. Oklahoma, Texas, New Mexico, Arizona, California, and Alaska the
open season shall be from September 1 to December 15:

in Vermont, Pennsylvania, Ohio, West Virginia, Kentucky, Indiana. Michigan,
Wisconsin, Illinois, Missouri, Iowa. Minnesota, North Dakota. South Dakota.

B.S. 48 BUREAU OF BIOLOGICAL SURVEY. 9

Nebraska, Kansas. Colorado. Wyoming, Montana, Malm. Nevada, and that por-
tion of Oregon and Washington lying east of the summit of the Cascade Moun-
tains the open season shall be from September 10 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, and Louisiana the open season
shall be from November 1 to January 31.

Woodcock. — The open seasons for woodcock shall be .is 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 Carolia, Georgia, Florida. Alabama. Mississippi, Tennessee, Arkansas,
Louisiana, Texas, and Oklahoma the open season shall be from November 1 to
I ►ecember 31.

I>orc*. — The open seasons for mourning doves shall be as follows:

In Delaware, Maryland. Virginia. North Carolina. South Carolina. Tennessee,
Kentucky, Ohio. Indiana. Illinois. Minnesota. Nebraska, Kansas. Missouri,
Arkansas. Oklahoma. Texas. New Mexico. Colorado. Utah, Arizona, California,
Nevada. Idaho, and Oregon the open season shall be from September 1 to De-
cember 15 :

In Georgia. Florida, and Alabama the open season shall be from October 16
to January 31 : and

In Mississippi and Louisiana the open season shall lie from September 16 to
December 31.

[As amended October 25, 191S. July 28, 1919, July 9, 1920. May 17, 1921, and March
S. 1922.]

REGULATION* 5.— BAG LIMITS ON CERTAIN MIGRATORY GAME BIRDS.

A person may take in any one day during the open seasons prescribed there-
for in Regulation 4 not to exceed the following numbers of migratory game
birds, which numbers shall include all birds taken by any other person who
lor hire accompanies or assists him in taking migratory birds:

Ducks (except wood duel: and eider ducks). — Twenty-live in the aggregate
of all kinds.

Geese. — Eight in the aggregate of all kinds.

Brant.— Eight.

Rails, coot, and gallinules (except sora). — Twenty-five in the aggregate of
all kinds.

Sora. — Fifty.

Black-bellied and golden plovers and greater and lesser yellowlegs. — Fifteen
in the aggregate of all kinds.

Wilson snipe, or iacksnipe. — Twenty-five.

Woodcock. — Six.

Doves ( mourning) . — Twenty-five.

[As amended October 25, 1918. July 28, 1919, and March 3, 1921.]

REGULATION 6.— SHIPMENT, TRANSPORTATION, AND POSSESSION OF CERTAIN

MIGRATORY GAME BIRDS.

Waterfowl (except wood duck, eider ducks, and swans), rails, coot, galli-
nules, black-bellied and golden plovers, greater and lesser yellowlegs, wood-
cock, Wilson snipe or jacksnipe, and mourning dove- and parts thereof legally

10 BUREAU or BIOLOGICAL SURVEY. s. It. A..

taken may be transported in or out of the State where taken during the respec-
tive open seasons in that State and may lie imported from Canada during tin-
open season in the Province where taken, in any manner, but not more than the
number thereof that may be taken in two days by one person under these regu-
lations shall be transported by one person in one calendar week out of the
State where taken: any such migratory game birds or parts thereof in transit
during the open season may continue in transit such additional time immedi-
ately succeeding such open season, not to exceed live days, necessary to deliver
the same to their destination, and may be possessed in any State. Territory, or
District during the period constituting the open season where killed, and for an
additional period of ten days next succeeding said open season: and any pack-
age in which migratory game birds or parts thereof are transported shall have
the name and address of the shipper and of the consignee and an accurate state-
ment of the numbers ami kinds of birds contained therein clearly and con-
spicuously marked on the outside thereof; but no such birds shall be trans-
ported from any State. Territory, or District to or through another State. Terri-
tory, or District, or to or through a Province of the Dominion id' Canada con-
trary to the laws of the Stare. 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. Terri-
tory, or District, or Province of the Dominion of Canada prohibits the
possession or transportation thereof.

[As amended October 25, 191S. and July !t, 1920.]

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
ami 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 t«>
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.
soil, 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 hitn 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 snch carcasses for actual consumption with-
out a permit, but no migratory waterfowl killed by shooting shall be bought 01'
sold unless each bird before attaining the age Of four weeks shall have had
removed from the web of one foot a portion thereof in the form of a "V" large

B.S.48 BUREAU OF BIOLOGICAL SURVEY. 11

enough to make a permanent well-defined mark, which shall be sufficient to
identify it as a bird raised in domestication under a permit.

.">. 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 Agricul-
ture, Washington, i ». C, and must contain the following information: Name
and address of applicant; place where the business is to be carried on; num-
ber of acres of land used in the business and whether owned or leased by
the applicant; 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 hooks 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 prem-
ises where operations are being carried on under this regulation and to inspect
the hooks and records of such permittee relating thereto.

7. Permits issued under this regulation shall be valid only during the calen-
dar year of issue, shall not be transferable, and may be revoked by the Secre-
tary, 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.

[As amended October 25, 1918, and July 9, 192o.]

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 collecting
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, his age. 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 he accompanied by certificates from two well-

12 BUREAU OF BIOLOGICAL SURVEY. S. R. A., B. S, 48

known ornithologists that the applicant is a fit person to be intrusted with a
permit.

The permit may limit the number and species of birds, birds' nests or eggs
that may be collected thereunder and may authorize the holder thereof to
possess, buy, sell, exchange, and transport 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 institu-
tions may possess, buy, sell, exchange, and transport in any manner and at
any time migratory birds and parts thereof, and their nests and egg* un-
scientific purposes without a permit, but no specimens shall be taken without
a permit. The plumage and skins of migratory game 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, exchange, 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.

Each permit shall expire on the thirty-first day of December succeeding its
issuance unless otherwise specified therein, shall not be transferable, and shall
be revocable at 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.
exchanged, 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 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
Dominion of Canada into the United States or from the United States into the
Dominion of Canada, an accurate statement of the contents.

[As amended October 25, 1918, and March 3, 1921.]
REGULATION 10.— PERMITS TO KILL MIGRATORY BIRDS INJURIOUS TO PROPERTY.

When information is furnished the Secretary that any species of migratory
bird has become, under extraordinary conditions, seriously injurious to agri-
culture 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.

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 nests, and
contrary to the laws and regulations of any State, Territory, or District made
for the purpose of giving further protection to migratory birds, their nests, and
eggs when such laws and regulations are not inconsistent with the convention
between Hie United States 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 <>f October 25, mis. as amended July 9, 1920.]

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