Breadcrumb

REGULATIONS RELATING TO MIGRATORY BIRDS AND CERTAIN GAME MAMMALS

WHEREAS the Secretary of the Interior has adopted and submitted to me the following amendments of the regulations approved by Proclamation No. 2616 of July 27, 1944, as last amended by Proclamation No. 2625 of September 26, 1944, permitting and governing the hunting, taking, capture, killing, possession, sale, purchase, shipment, transportation, carriage, exportation, and importation of migratory birds and parts, nests and eggs thereof, included in the terms of the Convention between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916, and the Convention between the United States and the United Mexican States for the protection of migratory birds and game mammals concluded February 7, 1936:

AMENDMENTS OF MIGRATORY BIRD TREATY ACT REGULATIONS ADOPTED BY THE SECRETARY OF THE INTERIOR

Under authority and direction of section 3 of the Migratory Bird Treaty Act of July 3, 1918 (40 Stat. 755), as amended by the act of June 20, 1936 (49 Stat. 1555), the administration of which said act as amended was transferred to the Secretary of the Interior on July 1, 1939 by Reorganization Plan II (53 Stat. 1431), I, Harold L. Ickes, Secretary of the Interior, having due regard to the zones of temperature and to the distribution, abundance, economic value, breeding habits, and times and lines of migratory flight of migratory birds included in the terms of the Convention between the United States and Great Britain for the protection of migratory birds, concluded August 16, 1916, and the Convention between the United States and the United Mexican States for the protection of migratory birds and game mammals, concluded February 7, 1936, have determined when, to what extent, and by what means it is compatible with the terms of said conventions and act to allow the hunting, taking, capture, killing, possession, sale, purchase, shipment, transportation, carriage, exportation, and importation of such birds and parts thereof and their nests and eggs, and in accordance with such determinations, do hereby amend, as specified, the regulations approved by Proclamation No. 2616 of July 27, 1944, as last amended by Proclamation No. 2625 of September 26, 1944, and as so amended do hereby adopt such regulations as suitable regulations, permitting and governing the hunting, taking, capture, killing, possession, sale, purchase, shipment, transportation, carriage, exportation, and importation of such migratory birds and parts, nests, and eggs thereof:

Regulation 4, "Open Seasons On and Possession of Certain Migratory Game Birds," (1) is amended to read as follows:

Regulation 4 - Open Seasons on and Possession of Certain Migratory Game Birds

Waterfowl (except wood ducks in Massachusetts and North Dakota; snow geese in Beaverhead, Gallatin, and Madison Counties in Montana, in Idaho, and in States bordering ion the Atlantic Ocean; Ross' geese; and swans), coots, rails and gallinules, woodcocks, mourning or turtle doves, white-winged doves, and band-tailed pigeons may be taken each day from one-half hour before sunrise to sunset, except as otherwise provided in this regulation, during the open seasons prescribed herein; and may be taken by the means and in the numbers permitted by regulations 3 and 5 hereof, and when so taken may be possessed in the numbers permitted by regulation 5 during the period constituting the open season where taken and for an additional period of 90 days next succeeding said open season, except as prohibited by State law.

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 ground, or refuge except insofar as may be permitted by the Secretary of the Interior 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 and coot. The open season on waterfowl and coot (except wood ducks in Massachusetts and North Dakota, and coot in Lake and McHenry Counties in Illinois; geese in Alexander County, Illinois, and in Mississippi, Scott, and Cape Girardeau Counties in Missouri; snow geese in Beaverhead, Gallatin, and Madison Counties in Montana, in Idaho, and in States bordering on the Atlantic Ocean; Ross' geese; and swans) in the several States, Alaska, and Puerto Rico shall be as follows, both dates inclusive:

Iowa, Maine, Michigan, Minnesota, Montana, New Hampshire, North Dakota, Ohio (except Pymatuning Reservoir and one quarter of a mile distant in any direction from said reservoir), South Dakota, Vermont, and Wisconsin, September 20 to December 8.

Ohio, on the Pymatuning Reservoir in Ashtabula County and one quarter of a mile distant in any direction from said reservoir, October 13 to December 31.

California, in Modoc, Lassen, and Siskiyou Counties, October 13 to December 31; in remainder of State, November 2 to January 20.

Colorado, Connecticut, Delaware, Idaho, Illinois, Indiana, Kansas, Kentucky, Massachusetts, Missouri, Nebraska, Nevada, New Jersey, New York (except certain hereinafter designated portions of Essex, Clinton, and Washington Counties) including Long Island, Oklahoma, Oregon, Pennsylvania, Rhode Island, Utah, Washington, West Virginia, and Wyoming, October 13 to December 31.

New York, in Essex and Clinton Counties east of the tracks of the main line of the Delaware and Hudson Railroad and that part of Washington County east of the aforesaid tracks to and including the village of South Bay and all the waters of South Bay and one mile distant from such water in any direction, September 20 to December 8.

Alabama, Arizona, Arkansas, Florida, Georgia, Louisiana, Maryland, Mississippi, New Mexico, North Carolina, South Carolina, Tennessee, and Virginia, November 2 to January 20.

Texas, on those portions of Lake Texhoma in Cooke and Grayson Counties, October 13 to December 31; in remainder of State, November 2 to January 20.

Puerto Rico, December 15 to February 12.

Alaska, in Fur Districts 1 and 3 as defined in the regulations governing the taking of game in Alaska adopted May 15, 1944 (9 F.R. 5270), September 21 to December 9; in the remainder of Alaska, September 1 to November 19.

Provided, That scoters, locally known as sea coots, may be taken in open coastal waters only, beyond outer harbor lines, in Maine and New Hampshire from September 15 to September 19; and in Connecticut, Massachusetts, New York including Long Island, and Rhode Island, from September 15 to October 12, and thereafter from land or water during the open seasons for other waterfowl in these States.

Geese, in Alexander County, Illinois, and in the counties of Mississippi, Scott, and Cape Girardeau in Missouri, November 24 to December 31 from 12 o'clock noon to 4:30 P.M.

Coot, in Lake and McHenry Counties, Illinois, October 1 to December 31.

Rails and gallinules (except coot). The open season on rails and gallinules (except coot) shall be from September 1 to November 30, both dates inclusive, except as follows:

Alabama, November 20 to January 31.

Louisiana, September 15 to December 15.

Maine and Wisconsin, September 20 to December 8.

Maryland, September 1 to October 31.

Massachusetts and New York, including Long Island, October 13 to December 31.

Minnesota, September 16 to November 30.

Mississippi, October 15 to December 30.

Puerto Rico, December 15 to February 12.

California, District of Columbia, Hawaii, Idaho, Iowa, Montana, Nevada, Oregon, Tennessee, and Washington, no open season.

Woodcock. The open seasons on woodcock shall be as follows, both dates inclusive:

Arkansas and Oklahoma, December 1 to December 15.

Connecticut, Massachusetts, and New Jersey, October 20 to November 3.

Delaware and Maryland, November 15 to November 29.

Georgia, Louisiana, and Mississippi, December 15 to December 29.

Indiana and West Virginia, October 16 to October 30.

Maine, in Aroostook, Penobscot, Piscataquis, Somerset, Franklin, and Oxford Counties, October 1 to October 15; in remained of State, October 16 to October 30.

Michigan, in Upper Peninsula, October 1 to October 15; in remainder of State, October 15 to October 29.

Minnesota, Ohio, Pennsylvania, and Wisconsin, October 10 to October 24.

Missouri, November 10 to November 24.

New Hampshire, in Coos, Carroll, and Grafton Counties, October 1 to October 15; remainder of State, October 16 to October 30.

New York, north and east of the tracks of the branch line of the New York Central Railroad from Oswego to Syracuse, the main line of the New York Central Railroad from Syracuse to Albany, and the main line of the Boston & Albany Railroad from Albany to the Massachusetts State line, October 10 to October 24; west and south of the line above described, October 15 to October 29; and that part of New York known as Long Island, November 1 to November 15, from 1 P.M. until sunset on the opening day in each of these zones, and thereafter in all of the aforesaid zones from 8 A.M. until sunset.

Rhode Island, November 1 to November 15.

Vermont, in Bennington and Windham Counties and those portions of Rutland and Windsor Counties south of U.S. Highway Route 4 from West Haven to White River Junction, October 16 to October 30; in remainder of State, October 1 to October 15.

Virginia, November 20 to December 4.

Mourning, or Turtle, Dove. The open seasons on mourning, or turtle, dove shall be as follows, both dates inclusive:

Arizona, California, Kansas, Missouri, and Oklahoma, September 1 to October 30.

Alabama, Georgia, and Louisiana, October 1 to October 15 and December 18 to January 31.

Arkansas and Mississippi, September 16 to September 30 and December 18 to January 31.

Colorado, Nevada, and New Mexico, September 1 to October 12.

Delaware and Tennessee, September 16 to November 14.

Florida, in Dade and Monroe Counties, October 1 to October 31; in remainder of State, November 20 to January 18.

Idaho and Oregon, September 1 to September 15.

Illinois, September 1 to September 30.

Kentucky, September 1 to October 25.

Maryland, September 1 to October 15.

Minnesota, September 16 to September 30.

North Carolina and South Carolina, September 16 to October 15 and January 2 to January 31.

Pennsylvania, November 1 to November 30.

Texas, in Val Verde, Edwards, Real, Bandera, Kendall, Blanco, Burnet, Williamson, Milam, Robertson, Leon, Houston, Cherokee, Nacogdoches, and Shelby Counties and all counties north and west thereof, September 1 to October 30; in remainder of State, but not including Cameron, Hidalgo, Starr, Zapata, Webb, Maverick, Kinney, Dimmit, LaSalle, Jim Hogg, Brooks, Kennedy, and Willacy Counties, October 20 to December 18; in these latter counties, September 13, 16, 18, 20, and 23 from 12 o'clock noon until sunset, and thereafter October 20 to December 13 from one-half hour before sunrise to sunset.

Virginia, September 16 to October 31.

White-winged Dove. The open seasons on white-winged dove shall be as follows, both dates inclusive:

Arizona, September 1 to September 15.

Texas, in Cameron, Hidalgo, Starr, Zapata, Webb, Maverick, Kinney, Dimmit, LaSalle, Jim Hogg, Brooks, Kennedy, Willacy, Val Verde, Terrell, Brewster, Presidio, Jeff Davis, Culberson, Hudspeth, and El Paso Counties, September 13, 16, 18, 20, and 23 from 12 o'clock noon until sunset.

Band-tailed Pigeon. The open seasons on band-tailed pigeon shall be as follows, both dates inclusive:

Arizona, Colorado, in the drainage of the North Fork of the Gunnison River in Gunnison and Delta Counties and in LaPlata, Montezuma, Dolores, San Miguel, Montrose, Ouray, San Juan, Archuleta, Huerfano, and Las Animas Counties, and in New Mexico and Washington, September 16 to October 15.

California, December 1 to December 30.

Oregon, September 1 to September 30.

The second paragraph of Regulations 5, "Daily Bag and Possession Limits on Certain Migratory Game Birds" (2) is amended to read as follows:

Ducks (Except the American and Red-breasted Mergansers). Ten, including in such limit not more than one wood duck. Any person may possess not more than twenty ducks including not more than one wood duck.

Regulation 6, "Shipment, Transportation, and Possession of Certain Migratory Game Birds" (3) is amended by striking out the numerals "45" wherever they occur in the said regulation and by inserting in lieu thereof the numbers "90".

IN WITNESS WHEREOF, I have hereunto subscribed my name and caused the seal of the Department of the Interior to be affixed, this 26th day of July, 1945. [SEAL]

HAROLD L. ICKES,
Secretary of the Interior.

AND WHEREAS upon consideration it appears that approval of the foregoing amendments will effectuate the purposes of the aforesaid Migratory Bird Treaty Act:

NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United States of America, do hereby approve and proclaim the foregoing amendments.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States of America to be affixed.

DONE at the City of Washington this 31st day of July in the year of our Lord nineteen hundred and forty-five, and of the Independence of the United States of America the one hundred and seventieth. [SEAL]

HARRY S. TRUMAN

By the President:
JOSEPH C. GREW,
Acting Secretary of State.

(1) Codified as § 1.4 of Title 50, infra.
(2) Codified as § 1.5 of Title 50, infra.
(3) Codified as § 2.1 of Title 50, infra.