WHEREAS the Secretary of the Interior has adopted, after notice and public procedure pursuant to section 4 of the Administrative Procedure Act of June 11, 1946 (60 Stat. 238), and has submitted to me for approval the following amendments of the regulations relating to migratory birds and game mammals 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 certain game mammals concluded February 7, 1936:
Amendments of Migratory Bird Treaty Act Regulations Adopted by the Secretary of the Interior
By virtue of and pursuant to the Migratory Bird Treaty Act of July 3, 1918 (40 Stat. 755), and Reorganization Plan II (53 Stat. 1431), and in accordance with the provisions of the Administrative Procedure Act of June 11, 1946 (60 Stat. 238), I, J. A. Krug, 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 the said Act and conventions 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 adopt the following 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, and the exportation and importation of game mammals and parts and products thereof to and from Mexico which shall constitute amendments to Part 1, Chapter I, Subchapter A, Title 50, Code of Federal Regulations, and which shall supersede §§ 1.1 to 1.10, inclusive, of said Part 1 and all of Part 2 of said subchapter:
§ 1.1 Definitions of migratory birds and game mammals - (a) Migratory birds. Migratory birds included in the terms of the conventions between the United States and Great Britain for the protection of migratory birds, and between the United States and United Mexican States for the protection of migratory birds and game mammals concluded, respectively, August 16, 1916, and February 7, 1936, are as follows:
(1) Game birds. (i) Anatidae, or waterfowl, including brant, wild ducks, geese, and swans.
(ii) Gruidae, or cranes, including little brown, sandhill, and whooping cranes.
(iii) Rallidae, or rails, including coots, gallinules, and sora and other rails.
(iv) Limicolae (Charadriii), or shorebirds, including avocets, curlews, dowitchers, godwits, knots, oyster-catchers, phalaropes, plovers, sandpipers, snipe, stilts, surf birds, turnstones, willet, woodcock, and yellowlegs.
(v) Columbidae, or pigeons, including doves and wild pigeons.
(2) Insectivorous and other nongame birds. Cuckoos, flickers, and other woodpeckers; nighthawks, or bullbats, chuckwill's-widow, poorwills, and whippoorwills; swifts; hummingbirds; kingbirds; phoebes, and other flycatchers; horned larks; bobolinks, cowbirds, blackbirds, grackles, meadowlarks, and orioles; grosbeaks, finches, sparrows, and buntings; tanagers; martins and other swallows; waxwings; phainopeplas; shrikes; vireos; warblers; pipits, catbirds, mockingbirds, and thrashers; wrens; brown creepers; nuthatches; chickadees and titmice; kinglets and gnatcatchers; robins and other thrushes; all other perching birds which feed entirely or chiefly on insects; and auks, auklets, bitterns, fulmars, gannets, grebes, guillemots, gulls, herons, jaegers, loons, murres, petrels, puffins, shearwaters, and terns.
(b) Game mammals. Game mammals under the terms of the aforesaid convention between the United states and the United Mexican States include:
Antelope, mountain sheep, deer, bears, peccaries, squirrels, rabbits, and hares.
§ 1.2 Definition of terms. For the purpose of §§ 1.1 to 1.12 of this subchapter, the following terms shall be construed, respectively, to mean and to include:
(a) Secretary. Secretary of the Interior of the United States.
(b) Director. Director, Fish and Wildlife Service, United States Department of the Interior.
(c) Regional Director. Regional Director, Fish and Wildlife Service, United States Department of the Interior.
(d) Person. Individual, club, association, partnership, or corporation, any one or all, as the context requires.
(e) Take. Hunt, kill, or capture, or attempt to hunt, kill, or capture.
(f) Open season. Time during which migratory game birds may be taken.
(g) Transport. Ship, carry, export, import, and receive or deliver for shipment, conveyance, carriage, exportation, or importation.
§ 1.3 Means by which migratory game birds may be taken. Migratory game birds on which open seasons are specified in § 1.4 of this subchapter may be taken during such seasons only with bow and arrow or with a shotgun not larger than No. 10 gage, fired from the shoulder, except as permitted by §§ 1.5, 1.8 and 1.9 of this subchapter, but they shall not be taken with or by means of any automatic-loading or hand-operated repeating shotgun capable of holding more than three shells, the magazine of which has not been cut off or plugged with a one-piece metal or wooden filler incapable of removal without disassembling the gun so as to reduce the capacity of said gun to not more than three shells at one time in the magazine and chamber combined. Such birds may be taken during the open seasons from land or water, with aid of a dog, and from a blind, boat or other floating craft not under tow or sail, except sinkbox (battery), motorboat (excluding a boat having a detached outboard motor), and sailboat; provided, that nothing herein shall permit the taking of migratory game birds from or by means, aid, or use of an automobile or aircraft of any kind, the taking of waterfowl by means, aid, or use of cattle, horses, mules, or live duck or goose decoys, the concentrating, driving, rallying, or stirring up of waterfowl and coots by means or aid of any motor-driven land, water, or air conveyance or sailboat; provided further, that nothing herein shall exclude the picking up of injured or dead waterfowl by means of a motorboat, sailboat, or other craft.
Waterfowl (except for propagating, scientific, or other purposes under permit issued pursuant to § 1.8 of this subchapter), and mourning doves and white-winged doves are not permitted to be taken, directly or indirectly, by means, aid, or use of shelled, shucked, or unshucked corn, or of wheat or other grain, salt, or other feed that has been so deposited, distributed, or scattered as to constitute for such birds a lure, attraction, or enticement to, on, or over the area where hunters are attempting to take them; provided, however, such birds may be taken over properly shocked corn and standing crops of corn, wheat, or other grain or feed, and grains found scattered solely as a result of agricultural harvesting.
A person over 16 years of age is not permitted to take migratory waterfowl unless at the time of such taking he has on his person an unexpired Federal migratory-bird hunting stamp, validated by his signature written across the face thereof in ink. Persons not over 16 years of age are permitted to take migratory waterfowl without such stamp.
§ 1.4 Open seasons, bag limits, and possession of certain migratory game birds. During the open seasons prescribed and except as hereinafter provided in this section, ducks, geese, brant, coot, rails and gallinules may be taken daily from one-half hour before sunrise to one hour before sunset, and woodcock, mourning or turtle doves, white-winged doves, and band-tailed pigeons from one-half hour before sunrise to sunset. The hour for the commencement of hunting of waterfowl and coot on the first day of the season, including each first day of the split seasons, shall be 12 o'clock noon.
A person may take in any one day during the open seasons prescribed therefor not to exceed the numbers of migratory game birds herein permitted, which numbers shall include all birds taken by any other person who for hire accompanies or assists him in taking such birds. When so taken, such birds may be possessed in the number hereinafter specified, except that no person on the opening day of the season may possess any migratory game birds in excess of the applicable daily limits.
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), or 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 so far as may be permitted by the Secretary of the Interior under existing law, or on any area designated as a closed area under the Migratory Bird Treaty Act.
The open seasons (dates inclusive) on the following migratory game birds only, the daily bag and possession limits, and the exceptions to the hours of hunting heretofore stated, shall be as shown in the following schedules:
§ 1.5 Taking of certain migratory nongame birds by Eskimos and Indians in Alaska. In Alaska, Eskimos and Indians may take, in any manner and at any time, and may possess and transport, auks, auklets, guillemots, murres, and puffins and their eggs and skins for use of themselves and their immediate families for food and clothing.
§ 1.6 Shipment, transportation and possession of certain migratory game birds - (a) Transportation in or out of Alaska, Puerto Rico and the United States. Migratory game birds and parts thereof, which if dressed have the head, head plumage, and feet attached, and which have been lawfully taken therein, may be transported in or out of Alaska, Puerto Rico, or the State where taken during its respective open season; provided, that the number of such birds permitted to be transported out of any such State, Alaska, or Puerto Rico during any one calendar week shall not exceed for one person the number permitted by § 1.4 of this subchapter to be in the possession of one person where taken; provided further, that nothing herein contained shall authorize such transportation to any other flyway in excess of the possession limits prescribed for such other flyway.
Any such birds or parts thereof transported from Alaska, Puerto Rico, or any State not later than 48 hours following the close of the open season therein may continue in transit for such additional time immediately after shipment, not to exceed 5 days, as is necessary to deliver them to their destination. Any package in which such birds or parts thereof are transported shall have the name and address of the shipper and of the consignee and an accurate statement of the numbers and kinds of birds or parts thereof contained therein clearly and conspicuously marked on the outside thereof.
(b) Importations from Canada, Mexico, or other foreign country. Migratory game birds of species on which open seasons are prescribed by § 1.4 of this subchapter, and parts thereof, which if dressed have the head, head plumage, and feet attached, and which have been lawfully taken and possessed in and exported from a foreign country may be transported into the United States, Alaska or Puerto Rico during the open seasons where taken; provided, that shipments from Mexico must be accompanied by a Mexican export permit and shipments from Canada must be accompanied by tags or permits if required by provincial or dominion law; and, provided further, that the number of such migratory game birds permitted to be so imported during any one calendar week shall not exceed for one person the number permitted to be in the possession of one person in Alaska, Puerto Rico, the District of Columbia, or the State to which they are being transported.
Any such birds or parts thereof transported from Canada or Mexico not later than 5 days immediately following the open season where taken may continue in transit for such additional time immediately after shipment, not to exceed 5 days, as is necessary to deliver them to their destination. Any package in which such birds or parts thereof are transported shall have the name and address of the shipper and of the consignee and an accurate statement of the numbers and kinds of birds or parts thereof therein contained clearly and conspicuously marked on the outside thereof.
(c) Possession. Within the possession limits prescribed by § 1.4 of this subchapter, migratory game birds, either taken within a State or transported or imported in accordance with the provisions of subsections (a) or (b) of this section, may be possessed in any State, Alaska, or Puerto Rico during the open season where taken and for an additional 90 days next succeeding said open season; and in the case of the District of Columbia, may be possessed during the open season and in numbers not exceeding the possession limits prescribed for Maryland, and for an additional 90 days immediately succeeding said open season.
(d) Limitations upon transportation and importation. Nothing contained herein shall be construed as permitting transportation of migratory game birds, or parts thereof, from, to, or through any State, Alaska, Puerto Rico, or the District of Columbia, or to or through Canada, Mexico, or other foreign countries, contrary to the laws of the place in which taken or from, to, or through which transported; nor shall any such birds be imported from Canada, Mexico, or other foreign countries, contrary to the laws of the place in which taken or from, to, or through which transported.
§ 1.7 Transportation of game mammals to and from Mexico - (a) To Mexico. Game mammals or parts or products thereof, taken in and transported from a State, Territory, or the District of Columbia, may be transported to Mexico, if the importation thereof is not prohibited by law or regulation of that country, upon presentation to the collector of customs at the port of exit of the certificate of an official, warden, or other officer of the game department of such State, Territory, or District, that such game mammals, or parts or products thereof, which must be listed in the certificate, were taken or acquired and are being transported in compliance with the laws and regulations of such State, Territory, or District.
(b) From Mexico. Game mammals, dead or alive, their parts or products, may be transported from Mexico into the United States if accompanied by a Mexican export permit, and if alive by such permit as may be required under regulations of the Secretary of the Treasury relating to transportation of wild animals and birds under humane and healthful conditions; provided, that their possession in any State or Territory or, the District of Columbia will be subject to the laws of such State, Territory, or District.
§ 1.8 Propagating, scientific, and other permits - (a) General authorization. Any person, without a permit, may possess and transport for his own use legally acquired live migratory waterfowl and the plumage and skins of legally taken migratory game birds; and such person may possess, dispose of, and transport for the making of fishing flies, bed pillows, and mattresses, and for similar commercial uses, but not for millinery nor ornamental use, feathers of wild ducks and wild geese legally killed, or seized and condemned by Federal or State game authorities.
(b) Special authorization. Imports from Mexico must be accompanied by Mexican export permits, but otherwise state or municipal game farms or city parks may acquire, possess, dispose of and transport live migratory waterfowl without a special permit; and public museums, zoological parks and societies, and public scientific and educational institutions may acquire, possess, purchase, dispose of and transport migratory birds and their eggs, nests, or parts, without obtaining a special permit.
(c) Special permits. Permits for the importation, taking, acquisition, and possession of live migratory birds and their eggs for propagating purposes; for the importation, taking, acquisition, and possession of migratory birds and their eggs, nests, or parts for scientific and other limited purposes; for the disposition and transportation of such birds, eggs, nests, parts, and their increase; and for the mounting or other preparation by a taxidermist of such birds, eggs, or nests, may be issued under the direction of the Secretary, upon such terms and conditions, including the keeping of records and the making of reports, as he may deem are necessary for the protection of the species and consistent with the general purposes of §§ 1.1 to 1.12 of this subchapter. Importations from Mexico under this subsection must be accompanied by a Mexican export permit.
(d) Applications for permits. Applications for permits shall be in such form as may be prescribed by the Secretary, and shall be addressed to the Director of Fish and wildlife Service, Washington 25, D.C.
(e) Marking of packages. Every package in which migratory birds or parts, nests, or eggs thereof, are shipped wholly within a State or Territory or the District of Columbia, or in which such birds or parts or eggs thereof are transported by any means whatever from one State, Territory, or the District of Columbia, to, into, or through another State, Territory, or the District of Columbia, or to a foreign country, shall be plainly and clearly marked, labeled, or tagged on the outside thereof to show the names and addresses of the consignor and consignee, the contents of the package, the number of the permit, under authority of which it is shipped or transported, and the purpose for which the birds of parts, nests, or eggs are being shipped or transported.
§ 1.9 Permits to kill, frighten, or otherwise herd migratory birds injurious to agriculture or other interests—(a) Injuries resulting from over abundance of migratory birds. Whenever by reason of the destruction or threatened destruction of valuable agricultural crops through the over abundance of any species of migratory game birds during either an open or a closed season specified in § 1.4 of this subchapter, the lengthening of the open season or an increase of the daily bag and possession limits, or a change in the manner, method, or hours of such taking, will operate to reduce the destruction of valuable agricultural crops, then, in such event, the applicable season or daily bag and possession limits may be increased, or the manner, method, or hours of taking changed, for such fixed period of time to the extent necessary to conserve such valuable agricultural crops. The facts as to the destruction of valuable agricultural crops requiring the lengthening of seasons or other remedial action shall be determined by the Secretary, and in accordance therewith he shall issue applicable orders which shall become effective when published in the FEDERAL REGISTER. In no event shall any season be lengthened to provide an open season of more than 3 ½ months.
(b) Injuries over an extensive area. When information is furnished the Secretary that any species of migratory bird has become, under extraordinary conditions, seriously injurious to agriculture or other interests in any extensive area, 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, frightened, or otherwise herded, and, if so, during what times, hours, and by what methods and means. Upon such determination an appropriate order will be made by the Secretary.
(c) Localized injuries. Upon receipt by the Director, or the Regional Director in the region where the injury occurs, of information from the owner, tenant, or sharecropper that migratory birds are injuring his crops or other interests on the land on which he resides, together with a statement of the location of the land, the nature of the crops or other interests being injured, the extent of such injury, and the particular species of birds committing the injury, an investigation will be made, and if it is determined from such investigation that the injury complained of is the substantial and can be so abated, permits to kill, frighten, or otherwise herd the birds may be issued by the Director, or by the Regional Director if authorized by the Director, in which permits will be specified the time during which, the means and methods by which, and the person or persons by whom the birds may be killed, frightened, or herded, and the disposition to be made of the birds killed, and such other restrictions as may be deemed necessary and appropriate in the circumstances of the particular case.
Every person exercising any privilege granted in a permit issued by the Director or Regional Director shall keep an accurate record of all migratory birds killed by him, and whenever requested by the Director or by the Regional Director shall submit promptly, on a form provided by the Fish and Wildlife Service for the purpose, a report correctly stating the species and the number of each species of migratory birds killed by him, and in any event shall submit such report to the Regional Director on or before January 10 of each year. Failure to submit a report as required by this section will be sufficient cause for revocation of the permit or withdrawal of any privilege accorded any person failing to make the report.
§ 1.10 Continuance of existing permits. All permits heretofore made or issued pursuant to this subchapter and now in force authorizing the killing or other disposition of certain species of migratory birds when injurious to crops and other property and interests and the taking, possession, sale, purchase, exchange, or transportation of migratory birds and their nests and eggs for scientific purposes, and migratory waterfowl and their eggs for propagating purposes, are hereby continued and extended in full force and effect as permits adopted and approved, made, or issued under this part.
§ 1.11 Additional protection of migratory game birds during open season. Whenever, by reason of a rapid decrease in the distribution and abundance of any species of migratory game birds during any open season specified in § 1.4 or pursuant to § 1.9 of this part, the shortening of such season or the reduction of the daily bag and possession limits will operate to insure a continuing and normal supply of such species, then, in that event, the applicable season or the daily bag and possession limits of such species shall be shortened or reduced to the extent determined necessary to insure such continuing and normal supply.
The facts as to the decrease in distribution and abundance of any species of migratory game birds requiring a shortening of season or reductions of daily bag and possession limits shall be determined by the Secretary, and in accordance therewith he shall issue applicable orders which shall become effective when published in the FEDERAL REGISTER.
§ 1.12 State laws for the protection of migratory birds. Nothing in this part or in any permit issued thereunder shall be construed to permit the taking, possession, sale, purchase, or transportation of migratory birds, or parts, nests, or eggs thereof contrary to the laws and regulations of any State or Territory or the District of Columbia, 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 conventions between the United States and any other country for the protection of migratory birds or with the Migratory Bird Treaty Act and do not expend the open seasons for such birds beyond the dates prescribed by this part.
IN WITNESS WHEREOF, I have hereunto subscribed my name and caused the seal of the Department of the Interior to be affixed, this 27th day of July, 1948.
J. A. KRUG,
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, under and by virtue of the authority vested in me by section 3 of the said Migratory Bird Treaty Act of July 3, 1918, 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 29th day of July in the year of our Lord nineteen hundred and forty-eight, and of the Independence of the United States of America the one hundred and seventy-third. [SEAL]
HARRY S. TRUMAN
By the President:
G. C. MARSHALL
Secretary of State.
Amendments of Migratory Bird Treaty Act Regulations Adopted by the Secretary of the Interior
By virtue of and pursuant to the Migratory Bird Treaty Act of July 3, 1918 (40 Stat. 755), and Reorganization Plan II (53 Stat. 1431), and in accordance with the provisions of the Administrative Procedure Act of June 11, 1946 (60 Stat. 238), I, J. A. Krug, 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 the said Act and conventions 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 adopt the following 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, and the exportation and importation of game mammals and parts and products thereof to and from Mexico which shall constitute amendments to Part 1, Chapter I, Subchapter A, Title 50, Code of Federal Regulations, and which shall supersede §§ 1.1 to 1.10, inclusive, of said Part 1 and all of Part 2 of said subchapter:
§ 1.1 Definitions of migratory birds and game mammals - (a) Migratory birds. Migratory birds included in the terms of the conventions between the United States and Great Britain for the protection of migratory birds, and between the United States and United Mexican States for the protection of migratory birds and game mammals concluded, respectively, August 16, 1916, and February 7, 1936, are as follows:
(1) Game birds. (i) Anatidae, or waterfowl, including brant, wild ducks, geese, and swans.
(ii) Gruidae, or cranes, including little brown, sandhill, and whooping cranes.
(iii) Rallidae, or rails, including coots, gallinules, and sora and other rails.
(iv) Limicolae (Charadriii), or shorebirds, including avocets, curlews, dowitchers, godwits, knots, oyster-catchers, phalaropes, plovers, sandpipers, snipe, stilts, surf birds, turnstones, willet, woodcock, and yellowlegs.
(v) Columbidae, or pigeons, including doves and wild pigeons.
(2) Insectivorous and other nongame birds. Cuckoos, flickers, and other woodpeckers; nighthawks, or bullbats, chuckwill's-widow, poorwills, and whippoorwills; swifts; hummingbirds; kingbirds; phoebes, and other flycatchers; horned larks; bobolinks, cowbirds, blackbirds, grackles, meadowlarks, and orioles; grosbeaks, finches, sparrows, and buntings; tanagers; martins and other swallows; waxwings; phainopeplas; shrikes; vireos; warblers; pipits, catbirds, mockingbirds, and thrashers; wrens; brown creepers; nuthatches; chickadees and titmice; kinglets and gnatcatchers; robins and other thrushes; all other perching birds which feed entirely or chiefly on insects; and auks, auklets, bitterns, fulmars, gannets, grebes, guillemots, gulls, herons, jaegers, loons, murres, petrels, puffins, shearwaters, and terns.
(b) Game mammals. Game mammals under the terms of the aforesaid convention between the United states and the United Mexican States include:
Antelope, mountain sheep, deer, bears, peccaries, squirrels, rabbits, and hares.
§ 1.2 Definition of terms. For the purpose of §§ 1.1 to 1.12 of this subchapter, the following terms shall be construed, respectively, to mean and to include:
(a) Secretary. Secretary of the Interior of the United States.
(b) Director. Director, Fish and Wildlife Service, United States Department of the Interior.
(c) Regional Director. Regional Director, Fish and Wildlife Service, United States Department of the Interior.
(d) Person. Individual, club, association, partnership, or corporation, any one or all, as the context requires.
(e) Take. Hunt, kill, or capture, or attempt to hunt, kill, or capture.
(f) Open season. Time during which migratory game birds may be taken.
(g) Transport. Ship, carry, export, import, and receive or deliver for shipment, conveyance, carriage, exportation, or importation.
§ 1.3 Means by which migratory game birds may be taken. Migratory game birds on which open seasons are specified in § 1.4 of this subchapter may be taken during such seasons only with bow and arrow or with a shotgun not larger than No. 10 gage, fired from the shoulder, except as permitted by §§ 1.5, 1.8 and 1.9 of this subchapter, but they shall not be taken with or by means of any automatic-loading or hand-operated repeating shotgun capable of holding more than three shells, the magazine of which has not been cut off or plugged with a one-piece metal or wooden filler incapable of removal without disassembling the gun so as to reduce the capacity of said gun to not more than three shells at one time in the magazine and chamber combined. Such birds may be taken during the open seasons from land or water, with aid of a dog, and from a blind, boat or other floating craft not under tow or sail, except sinkbox (battery), motorboat (excluding a boat having a detached outboard motor), and sailboat; provided, that nothing herein shall permit the taking of migratory game birds from or by means, aid, or use of an automobile or aircraft of any kind, the taking of waterfowl by means, aid, or use of cattle, horses, mules, or live duck or goose decoys, the concentrating, driving, rallying, or stirring up of waterfowl and coots by means or aid of any motor-driven land, water, or air conveyance or sailboat; provided further, that nothing herein shall exclude the picking up of injured or dead waterfowl by means of a motorboat, sailboat, or other craft.
Waterfowl (except for propagating, scientific, or other purposes under permit issued pursuant to § 1.8 of this subchapter), and mourning doves and white-winged doves are not permitted to be taken, directly or indirectly, by means, aid, or use of shelled, shucked, or unshucked corn, or of wheat or other grain, salt, or other feed that has been so deposited, distributed, or scattered as to constitute for such birds a lure, attraction, or enticement to, on, or over the area where hunters are attempting to take them; provided, however, such birds may be taken over properly shocked corn and standing crops of corn, wheat, or other grain or feed, and grains found scattered solely as a result of agricultural harvesting.
A person over 16 years of age is not permitted to take migratory waterfowl unless at the time of such taking he has on his person an unexpired Federal migratory-bird hunting stamp, validated by his signature written across the face thereof in ink. Persons not over 16 years of age are permitted to take migratory waterfowl without such stamp.
§ 1.4 Open seasons, bag limits, and possession of certain migratory game birds. During the open seasons prescribed and except as hereinafter provided in this section, ducks, geese, brant, coot, rails and gallinules may be taken daily from one-half hour before sunrise to one hour before sunset, and woodcock, mourning or turtle doves, white-winged doves, and band-tailed pigeons from one-half hour before sunrise to sunset. The hour for the commencement of hunting of waterfowl and coot on the first day of the season, including each first day of the split seasons, shall be 12 o'clock noon.
A person may take in any one day during the open seasons prescribed therefor not to exceed the numbers of migratory game birds herein permitted, which numbers shall include all birds taken by any other person who for hire accompanies or assists him in taking such birds. When so taken, such birds may be possessed in the number hereinafter specified, except that no person on the opening day of the season may possess any migratory game birds in excess of the applicable daily limits.
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), or 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 so far as may be permitted by the Secretary of the Interior under existing law, or on any area designated as a closed area under the Migratory Bird Treaty Act.
The open seasons (dates inclusive) on the following migratory game birds only, the daily bag and possession limits, and the exceptions to the hours of hunting heretofore stated, shall be as shown in the following schedules:
§ 1.5 Taking of certain migratory nongame birds by Eskimos and Indians in Alaska. In Alaska, Eskimos and Indians may take, in any manner and at any time, and may possess and transport, auks, auklets, guillemots, murres, and puffins and their eggs and skins for use of themselves and their immediate families for food and clothing.
§ 1.6 Shipment, transportation and possession of certain migratory game birds - (a) Transportation in or out of Alaska, Puerto Rico and the United States. Migratory game birds and parts thereof, which if dressed have the head, head plumage, and feet attached, and which have been lawfully taken therein, may be transported in or out of Alaska, Puerto Rico, or the State where taken during its respective open season; provided, that the number of such birds permitted to be transported out of any such State, Alaska, or Puerto Rico during any one calendar week shall not exceed for one person the number permitted by § 1.4 of this subchapter to be in the possession of one person where taken; provided further, that nothing herein contained shall authorize such transportation to any other flyway in excess of the possession limits prescribed for such other flyway.
Any such birds or parts thereof transported from Alaska, Puerto Rico, or any State not later than 48 hours following the close of the open season therein may continue in transit for such additional time immediately after shipment, not to exceed 5 days, as is necessary to deliver them to their destination. Any package in which such birds or parts thereof are transported shall have the name and address of the shipper and of the consignee and an accurate statement of the numbers and kinds of birds or parts thereof contained therein clearly and conspicuously marked on the outside thereof.
(b) Importations from Canada, Mexico, or other foreign country. Migratory game birds of species on which open seasons are prescribed by § 1.4 of this subchapter, and parts thereof, which if dressed have the head, head plumage, and feet attached, and which have been lawfully taken and possessed in and exported from a foreign country may be transported into the United States, Alaska or Puerto Rico during the open seasons where taken; provided, that shipments from Mexico must be accompanied by a Mexican export permit and shipments from Canada must be accompanied by tags or permits if required by provincial or dominion law; and, provided further, that the number of such migratory game birds permitted to be so imported during any one calendar week shall not exceed for one person the number permitted to be in the possession of one person in Alaska, Puerto Rico, the District of Columbia, or the State to which they are being transported.
Any such birds or parts thereof transported from Canada or Mexico not later than 5 days immediately following the open season where taken may continue in transit for such additional time immediately after shipment, not to exceed 5 days, as is necessary to deliver them to their destination. Any package in which such birds or parts thereof are transported shall have the name and address of the shipper and of the consignee and an accurate statement of the numbers and kinds of birds or parts thereof therein contained clearly and conspicuously marked on the outside thereof.
(c) Possession. Within the possession limits prescribed by § 1.4 of this subchapter, migratory game birds, either taken within a State or transported or imported in accordance with the provisions of subsections (a) or (b) of this section, may be possessed in any State, Alaska, or Puerto Rico during the open season where taken and for an additional 90 days next succeeding said open season; and in the case of the District of Columbia, may be possessed during the open season and in numbers not exceeding the possession limits prescribed for Maryland, and for an additional 90 days immediately succeeding said open season.
(d) Limitations upon transportation and importation. Nothing contained herein shall be construed as permitting transportation of migratory game birds, or parts thereof, from, to, or through any State, Alaska, Puerto Rico, or the District of Columbia, or to or through Canada, Mexico, or other foreign countries, contrary to the laws of the place in which taken or from, to, or through which transported; nor shall any such birds be imported from Canada, Mexico, or other foreign countries, contrary to the laws of the place in which taken or from, to, or through which transported.
§ 1.7 Transportation of game mammals to and from Mexico - (a) To Mexico. Game mammals or parts or products thereof, taken in and transported from a State, Territory, or the District of Columbia, may be transported to Mexico, if the importation thereof is not prohibited by law or regulation of that country, upon presentation to the collector of customs at the port of exit of the certificate of an official, warden, or other officer of the game department of such State, Territory, or District, that such game mammals, or parts or products thereof, which must be listed in the certificate, were taken or acquired and are being transported in compliance with the laws and regulations of such State, Territory, or District.
(b) From Mexico. Game mammals, dead or alive, their parts or products, may be transported from Mexico into the United States if accompanied by a Mexican export permit, and if alive by such permit as may be required under regulations of the Secretary of the Treasury relating to transportation of wild animals and birds under humane and healthful conditions; provided, that their possession in any State or Territory or, the District of Columbia will be subject to the laws of such State, Territory, or District.
§ 1.8 Propagating, scientific, and other permits - (a) General authorization. Any person, without a permit, may possess and transport for his own use legally acquired live migratory waterfowl and the plumage and skins of legally taken migratory game birds; and such person may possess, dispose of, and transport for the making of fishing flies, bed pillows, and mattresses, and for similar commercial uses, but not for millinery nor ornamental use, feathers of wild ducks and wild geese legally killed, or seized and condemned by Federal or State game authorities.
(b) Special authorization. Imports from Mexico must be accompanied by Mexican export permits, but otherwise state or municipal game farms or city parks may acquire, possess, dispose of and transport live migratory waterfowl without a special permit; and public museums, zoological parks and societies, and public scientific and educational institutions may acquire, possess, purchase, dispose of and transport migratory birds and their eggs, nests, or parts, without obtaining a special permit.
(c) Special permits. Permits for the importation, taking, acquisition, and possession of live migratory birds and their eggs for propagating purposes; for the importation, taking, acquisition, and possession of migratory birds and their eggs, nests, or parts for scientific and other limited purposes; for the disposition and transportation of such birds, eggs, nests, parts, and their increase; and for the mounting or other preparation by a taxidermist of such birds, eggs, or nests, may be issued under the direction of the Secretary, upon such terms and conditions, including the keeping of records and the making of reports, as he may deem are necessary for the protection of the species and consistent with the general purposes of §§ 1.1 to 1.12 of this subchapter. Importations from Mexico under this subsection must be accompanied by a Mexican export permit.
(d) Applications for permits. Applications for permits shall be in such form as may be prescribed by the Secretary, and shall be addressed to the Director of Fish and wildlife Service, Washington 25, D.C.
(e) Marking of packages. Every package in which migratory birds or parts, nests, or eggs thereof, are shipped wholly within a State or Territory or the District of Columbia, or in which such birds or parts or eggs thereof are transported by any means whatever from one State, Territory, or the District of Columbia, to, into, or through another State, Territory, or the District of Columbia, or to a foreign country, shall be plainly and clearly marked, labeled, or tagged on the outside thereof to show the names and addresses of the consignor and consignee, the contents of the package, the number of the permit, under authority of which it is shipped or transported, and the purpose for which the birds of parts, nests, or eggs are being shipped or transported.
§ 1.9 Permits to kill, frighten, or otherwise herd migratory birds injurious to agriculture or other interests—(a) Injuries resulting from over abundance of migratory birds. Whenever by reason of the destruction or threatened destruction of valuable agricultural crops through the over abundance of any species of migratory game birds during either an open or a closed season specified in § 1.4 of this subchapter, the lengthening of the open season or an increase of the daily bag and possession limits, or a change in the manner, method, or hours of such taking, will operate to reduce the destruction of valuable agricultural crops, then, in such event, the applicable season or daily bag and possession limits may be increased, or the manner, method, or hours of taking changed, for such fixed period of time to the extent necessary to conserve such valuable agricultural crops. The facts as to the destruction of valuable agricultural crops requiring the lengthening of seasons or other remedial action shall be determined by the Secretary, and in accordance therewith he shall issue applicable orders which shall become effective when published in the FEDERAL REGISTER. In no event shall any season be lengthened to provide an open season of more than 3 ½ months.
(b) Injuries over an extensive area. When information is furnished the Secretary that any species of migratory bird has become, under extraordinary conditions, seriously injurious to agriculture or other interests in any extensive area, 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, frightened, or otherwise herded, and, if so, during what times, hours, and by what methods and means. Upon such determination an appropriate order will be made by the Secretary.
(c) Localized injuries. Upon receipt by the Director, or the Regional Director in the region where the injury occurs, of information from the owner, tenant, or sharecropper that migratory birds are injuring his crops or other interests on the land on which he resides, together with a statement of the location of the land, the nature of the crops or other interests being injured, the extent of such injury, and the particular species of birds committing the injury, an investigation will be made, and if it is determined from such investigation that the injury complained of is the substantial and can be so abated, permits to kill, frighten, or otherwise herd the birds may be issued by the Director, or by the Regional Director if authorized by the Director, in which permits will be specified the time during which, the means and methods by which, and the person or persons by whom the birds may be killed, frightened, or herded, and the disposition to be made of the birds killed, and such other restrictions as may be deemed necessary and appropriate in the circumstances of the particular case.
Every person exercising any privilege granted in a permit issued by the Director or Regional Director shall keep an accurate record of all migratory birds killed by him, and whenever requested by the Director or by the Regional Director shall submit promptly, on a form provided by the Fish and Wildlife Service for the purpose, a report correctly stating the species and the number of each species of migratory birds killed by him, and in any event shall submit such report to the Regional Director on or before January 10 of each year. Failure to submit a report as required by this section will be sufficient cause for revocation of the permit or withdrawal of any privilege accorded any person failing to make the report.
§ 1.10 Continuance of existing permits. All permits heretofore made or issued pursuant to this subchapter and now in force authorizing the killing or other disposition of certain species of migratory birds when injurious to crops and other property and interests and the taking, possession, sale, purchase, exchange, or transportation of migratory birds and their nests and eggs for scientific purposes, and migratory waterfowl and their eggs for propagating purposes, are hereby continued and extended in full force and effect as permits adopted and approved, made, or issued under this part.
§ 1.11 Additional protection of migratory game birds during open season. Whenever, by reason of a rapid decrease in the distribution and abundance of any species of migratory game birds during any open season specified in § 1.4 or pursuant to § 1.9 of this part, the shortening of such season or the reduction of the daily bag and possession limits will operate to insure a continuing and normal supply of such species, then, in that event, the applicable season or the daily bag and possession limits of such species shall be shortened or reduced to the extent determined necessary to insure such continuing and normal supply.
The facts as to the decrease in distribution and abundance of any species of migratory game birds requiring a shortening of season or reductions of daily bag and possession limits shall be determined by the Secretary, and in accordance therewith he shall issue applicable orders which shall become effective when published in the FEDERAL REGISTER.
§ 1.12 State laws for the protection of migratory birds. Nothing in this part or in any permit issued thereunder shall be construed to permit the taking, possession, sale, purchase, or transportation of migratory birds, or parts, nests, or eggs thereof contrary to the laws and regulations of any State or Territory or the District of Columbia, 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 conventions between the United States and any other country for the protection of migratory birds or with the Migratory Bird Treaty Act and do not expend the open seasons for such birds beyond the dates prescribed by this part.
IN WITNESS WHEREOF, I have hereunto subscribed my name and caused the seal of the Department of the Interior to be affixed, this 27th day of July, 1948.
J. A. KRUG,
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, under and by virtue of the authority vested in me by section 3 of the said Migratory Bird Treaty Act of July 3, 1918, 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 29th day of July in the year of our Lord nineteen hundred and forty-eight, and of the Independence of the United States of America the one hundred and seventy-third. [SEAL]
HARRY S. TRUMAN
By the President:
G. C. MARSHALL
Secretary of State.