WHEREAS the Acting Secretary of the Interior has adopted and has submitted to me for approval the following amendment 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:
AMENDMENT OF MIGRATORY BIRD TREATY ACT REGULATIONS ADOPTED BY THE ACTING 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, WILLIAM E. WARNE, Acting 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 scoters and eider ducks, which are 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 scoters and eider ducks, and in accordance with such determination, do hereby amend the regulations approved by Proclamation 2801 of July 29, 1948 (1) (13 F.R. 4414), by deleting from the second sentence of footnote 9 under schedule (a) Atlantic Flyway States in § 1.4 (50 CFR 1.4) relating to the taking of scoters and eider ducks in open coastal waters only, beyond outer harbor lines, the words "in New Hampshire from September 1 to October 7;" and by adopting in lieu of such deleted portion the following:
In New Hampshire from November 1 to November 25;
This amendment is a correction of an error appearing in the said regulations approved July 29, 1948, and is in accordance with the recommendation of the State Fish and Game Department. In view of the fact that in respect to hunting in new Hampshire this amendment extends the season for hunting scoters and eider ducks in open coastal waters only, beyond outer harbor lines, from November 1 to November 25, and in view of the further fact that it imposes no new obligation upon the general public with respect to the taking of scoters and eider ducks, it is determined that this amendment shall become effective immediately, and it is found unnecessary to issue said amended regulation subject to the general notice provision and the effective date limitation of sections 4(a) and 4(c), respectively, of the Administrative Procedure Act.
IN WITNESS WHEREOF, I have hereunto subscribed my name and caused the seal for the Department of the Interior to be affixed, this 26th day of October, 1948. [SEAL]
WILLIAM E. WARNE,
Acting Secretary of the Interior.
AND WHEREAS upon consideration it appears that approval of the foregoing amendment 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 amendment.
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 30th day of October 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.
HARRY S. TRUMAN
By the President:
ROBERT A. LOVETT,
Acting Secretary of State.
(1) Supra.
AMENDMENT OF MIGRATORY BIRD TREATY ACT REGULATIONS ADOPTED BY THE ACTING 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, WILLIAM E. WARNE, Acting 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 scoters and eider ducks, which are 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 scoters and eider ducks, and in accordance with such determination, do hereby amend the regulations approved by Proclamation 2801 of July 29, 1948 (1) (13 F.R. 4414), by deleting from the second sentence of footnote 9 under schedule (a) Atlantic Flyway States in § 1.4 (50 CFR 1.4) relating to the taking of scoters and eider ducks in open coastal waters only, beyond outer harbor lines, the words "in New Hampshire from September 1 to October 7;" and by adopting in lieu of such deleted portion the following:
In New Hampshire from November 1 to November 25;
This amendment is a correction of an error appearing in the said regulations approved July 29, 1948, and is in accordance with the recommendation of the State Fish and Game Department. In view of the fact that in respect to hunting in new Hampshire this amendment extends the season for hunting scoters and eider ducks in open coastal waters only, beyond outer harbor lines, from November 1 to November 25, and in view of the further fact that it imposes no new obligation upon the general public with respect to the taking of scoters and eider ducks, it is determined that this amendment shall become effective immediately, and it is found unnecessary to issue said amended regulation subject to the general notice provision and the effective date limitation of sections 4(a) and 4(c), respectively, of the Administrative Procedure Act.
IN WITNESS WHEREOF, I have hereunto subscribed my name and caused the seal for the Department of the Interior to be affixed, this 26th day of October, 1948. [SEAL]
WILLIAM E. WARNE,
Acting Secretary of the Interior.
AND WHEREAS upon consideration it appears that approval of the foregoing amendment 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 amendment.
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 30th day of October 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.
HARRY S. TRUMAN
By the President:
ROBERT A. LOVETT,
Acting Secretary of State.
(1) Supra.