Harry S. Truman photo

Proclamation 2817—Closed Area Under the Migratory Bird Treaty Act, Massachusetts

October 18, 1948


By the President of the United States of America

A Proclamation

Whereas the Acting 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 regulation relating to 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:

REGULATION DESIGNATING AS CLOSED AREA CERTAIN TIDAL WATERS IN THE VICINITY OF THE PARKER RIVER NATIONAL WILDLIFE REFUGE, MASSACHUSETTS

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 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, do hereby designate as closed area, effective October 29, 1948, in or on which pursuing, hunting, taking, capture, or killing of migratory birds, or attempting to take, capture, or kill migratory birds is not permitted, all areas of land and water in the towns of Ipswich, Newbury and Rowley, Essex County, Massachusetts, not now owned or controlled by the United States within the following-described exterior boundary:

Beginning at corner No. 1, a point in the center of Stackyard Road (also known as nelson Island Road), approximately 0.95 mile east of State highway No. 1A in approximate latitude 42° 44'33.0" N., longitude 70°50'20.8" W., from which an 8" cedar post set for a witness corner bears N. 78°39' E., 0.70 ch., distant.

From the initial point,

Northeast, along the center of Stackyard Road with the meanders thereof, 8.85 chs., to the edge of marsh and upland;

Thence with three courses along the edge of the marsh and upland with the meanders thereof,

N. 0°37' E., 2.22 chs.,

S. 85°11' W., 1.60 chs.,

S. 65°01' W., 1.23 chs., at the edge of marsh and upland, in the center of an old road;

Thence with two courses along the center of an old road with the meanders thereof,

N. 24°38' W., 1.92 chs.,

N. 21°31' W., 4.16 chs., to the intersection of the center of the road with the center of Carleton Creek;

Thence Northeasterly down the center of Carleton Creek with the meanders thereof 13.98 chs., to the prolongation of the center line of a ditch;

Thence with three courses along the center line of ditches,

N. 29°21' W., 5.72 chs.

N. 27°24' W., 3.49 chs., in the center of Sawyers Island Creek,

N. 44°41' W., 5.86 chs., at the northwesterly end of ditch and at edge of marsh and upland;

Thence N. 13°50' W., with edge of marsh and upland 0.627 ch., to the intersection of edge of marsh and upland with the center of Patmos Road (also known as Sawyers Island Road), a point from which a 3"x3" cedar post set for a witness corner bears S. 22°54' E., 0.13 ch., distant;

Thence N. 41°39' E., with the center of Patmost Road, 1.60 chs., to the intersection of said road with the line between marsh and upland;

Thence with eleven courses along the edge of marsh and upland with the meanders thereof,

N. 89°36' E., 1.293 chs.,

N. 34°33' E., 3.83 chs.

S. 85°14' E., 1.30 chs.

N. 31°53' E., 3.40 chs.

S. 65°31' E., 1.00 ch.,

N. 61°38' E., 1.54 chs.,

N. 86°12' E., 1.12 chs.,

S. 36°26' E., 1.818 chs.,

N. 40°20' E., 4.86 chs.,

N. 43°10' W., 2.163 chs.

N. 22°17' E., 1.661 chs., at the edge of marsh and upland on the northeasterly point of Sawyers Island, a standard concrete post No. 51;

Thence N. 51°43' W., approximately 6.60 chs., to mean high water on the right or south bank of Great Creek (also known as Mud Creek);

Thence Westerly, with mean high water upstream and on the right or south bank of Great Creek approximately 90.00 chs., to the intersection of mean high water on the right or south bank of Great Creek with the prolongation of the center of the ditch situate on the left or north side of Great Creek;

Thence N. 5°00' E., in part crossing Great Creek and in part up a ditch, approximately 1.50 chs.;

Thence with 12 courses along the center of ditches, with the meanders thereof,

N. 22°53' E., 1.870 chs.,

N. 4°54' E., 5.310 chs.,

N. 50°02' W., 1.734 chs.,

N. 3°07' E., 3.110 chs., to the junction of ditches,

N. 65°35' E., 7.48 chs.,

N. 57°33' E., 6.33 chs., to the intersection of ditches,

S. 13°51' E., 1.943 chs., to the junction of ditches,

S. 89°49' E., 3.090 chs.,

S. 79°58' E., 1.332 chs.,

S. 2°40' W., 0.519 ch., to the junction of ditches;

S. 89°08' E., 0.398 ch., to the junction of ditches;

N. 65°20' E., 5.23 chs., to the intersection of ditch with stone wall, at the edge of marsh and upland;

Thence with twelve courses along a stone wall with the meanders thereof,

N. 66°11' E., 2.906 chs.,

S. 85°06' E., 1.440 chs.,

N. 35°34' E., 1.320 chs.

N. 71°49' E., 4.220 chs.,

N. 50°34' E., 1.631 chs.,

S. 35°23' E., 0.339 ch.,

N. 64°22' E., 1.653 chs.,

S. 27°41' E., 1.38 chs.

N. 70°03' E., 1.193 chs.,

S. 27°37' E., 0.388 chs.,

N. 66°25' E., 9.13 chs.,

N. 17°05' W., 2.529 chs., at the intersection of stone walls,

N. 17°43' W., 7.17 chs., to the center of Marsh Avenue

Thence N. 1°08' E., with the center of Marsh Avenue, 4.10 chs., a point from which a standard concrete post No. 53 set for a witness corner bears N. 66°00' E., 0.12 ch., distant;

Thence N. 69°05' E., approximately 12.00 chs., to mean high water on the right or south bank of Parker river, about 41.00 chs., below the Parker River bridge in State Highway No. 1A;

Thence southeasterly with mean high water down the right or south bank of Parker River with the meanders thereof, approximately 11.00 chs.;

Thence N. 19°17' E., crossing Parker River, approximately 11.00 chs., to mean high water on the left or north bank of Parker River;

Thence Northwesterly with mean high water up the left or north bank of Parker River with the meanders thereof, approximately 0.75 ch., to the mouth of a small ditch;

Thence with four courses along the center line of ditches with the meanders thereof,

N. 44°24' E., approximately 1.00 ch.,

N. 19°17' E., 12.41 chs., the junction of ditches,

N. 75°18' W., 7.54 chs.,

N. 73°24' E., 6.83 chs., to the junction of small ditches;

Thence N. 3°05' W., 7.68 chs., in the center of a ditch;

Thence with ten courses along the center line of ditches with the meanders thereof,

S. 81°53' W., 5.19 chs.,

N. 84°33' W., 5.38 chs.,

N. 81°6' W., 4.40 chs., the junction of ditches,

N. 13°47' E., 2.371 chs., the junction of ditches,

S. 81°11' E., 1.600 chs., the intersection of ditches,

N. 13°21' E., 2.602 chs., the junction of ditches,

S. 88°21' E., 3.20 chs.,

N. 84°21' E., 2.699 chs.,

N. 70°54' E., 0.822 ch.,

N. 80°32' E., 5.33 chs., the junction of ditches;

Thence N. 3°19' W., along a ditch and a low stone wall 5.80 chs., the junction of ditches;

Thence S. 87°14' W., in part with a ditch and in part with a stone wall 4.75 chs., in the corner of stone walls;

Thence with three courses along a stone wall with the meanders thereof,

N. 0°04' E., 3.98 chs.,

N. 15°45' E., 4.03 chs.,

N. 20°49' W., 0.205 ch., in the stone wall in the range of the center of a ditch bearing Easterly;

Thence N. 86°52' E., 2.383 chs., at the edge of marsh and upland in the range of the center of a ditch bearing Easterly;

Thence with 25 courses along the edge of marsh and upland with the meanders thereof,

N. 49°10' E., 0.768 ch.,

N. 52°53' W., 1.474 chs.,

N. 23°06' E., 1.888 chs.,

N. 72°31' W., 0.663 ch.,

S. 52°22' W., 2.772 chs.,

N. 77°13' W., 3.67 chs.,

N. 16°36' W., 3.47 chs.,

N. 49°08' E., 1.243 chs.,

S. 83°37' W., 3.84 chs.,

S. 67°09' W., 3.62 chs.,

N. 68°20' W., 1.653 chs.,

N. 0°55' W., 1.370 chs.,

N. 45°39' E., 5.900 chs.,

N. 68°20' E., 1.985 chs.,

N. 33°01' E., 3.22 chs.,

N. 4°25' W., 3.43 chs.,

N. 35°34' E., 2.667 chs.,

N. 14°38' W., 0.673 ch.,

N. 21°39' E., 2.041 chs.,

N. 68°17' E., 2.452 chs.,

N. 54°36' W., 1.50 chs.,

N. 21°05' E., 2.630 chs.,

N 62°45' E., 3.67 chs.,

N. 8°58' W., 4.28 chs.,

N. 38°42' W., 1.083 chs., at the edge of the marsh and upland in the range of center of a ditch extended Southwesterly from the marsh;

Thence N. 48°17' E., in part with the center of a ditch 6.59 chs., in the center of a ditch;

Thence with two courses along the center of a ditch with the meanders thereof,

N. 51°41' E., 3.05 chs.,

N. 58°16' E., 3.05 chs., at the junction of ditches;

Thence S. 72°43' E., approximately 16.00 chs., to mean high water on the left or north bank of Causeway Creek;

Thence Easterly with mean high water down the left or north bank of Causeway Creek, with the meanders thereof, approximately 18.00 chs., to mean high water on the left or west bank of Pine Island Creek (also known as Great Pine Island Creek);

Thence Northwesterly and Northeasterly with mean high water down the left or west bank of Pine Island Creek with the meanders thereof, approximately 18.00 chs., to the intersection of mean high water on the left or north bank of Pine Island Creek with the center of a ditch bearing Northerly;

Thence with seven courses along the center of the ditch with the meanders thereof,

N. 8°38' E., approximately 1.80 chs.,

N. 1°38' E., 0.980 ch.,

N. 51°54' E., 0.507 ch.,

N. 16°10' E., 0.406 ch.,

N. 19°49' W., 0.616 ch.,

N. 5°53' E., 1.384 chs.,

N. 78°12' E, 0.274 ch. In the center of an east-west ditch;

Thence N. 9°48' W., in part along the center of a ditch 9.16 chs., to the center of a filled-in ditch;

Thence N. 81°40' E., 8.30 chs., to the junction of ditches;

Thence S. 85°11' E., in part with the center of a ditch 9.92 chs., the intersection of the center of a filled-in ditch with center of a creek;

Thence N. 55°34' E., approximately 29.50 chs., to mean high water on the right bank and near the mouth of Little Pine Island Creek;

Thence Northeasterly crossing Little Pine Island Creek, approximately 3.70 chs., to mean high water at the mouth and on the left bank of Little Pine Island Creek;

Thence Northerly with mean high water upstream along the right or west bank of the most westerly channel of Plum Island River, with the meanders thereof approximately 30.00 chs., a point, from which a 4"x4" cedar post set for a witness corner on the left or east bank of Plum Island River bears N. 61°25' E., approximately 3.80 chs., distant;

Thence N. 61°25' E., in part crossing Plum Island River and in part on Plum Island approximately 10.41 chs., a standard concrete post No. 57;

Thence S. 59°44' E., 21.51 chs., to mean low water line of the Atlantic Ocean and on the east side of Plum Island, a point from which a 1" iron pipe set for a witness corner bears N. 59°44' W., 5.40 chs., distant;

Thence Southeasterly along the mean low water line of the Atlantic Ocean on the east side of Plumb Island with the meanders thereof 508.00 chs., to a point in the mean low water line of the Atlantic Ocean on the east side of Plum Island approximately 6.00 chs., Northwesterly of the southeast point of the island, from which a standard concrete post No. 58, set for a witness corner bears S. 85°02' W., 5.57 chs., distant;

Thence S. 85°02' W., on Plum Island 13.80 chs., to the edge of marsh and upland;

Thence with five courses along the edge of marsh and upland with the meanders thereof,

S. 47°53' W., 8.780 chs.,

S. 36°18' W., 2.791 chs.,

N. 82°18' W., 8.72 chs.,

N. 59°58' W., 14.810 chs.,

N. 70°33' E., 0.940 ch., in the center of ditch in the line between the marsh and upland;

Thence N. 38°44' W., with the center of a ditch, 12.95 chs., to the north end of the ditch in the edge of marsh and upland;

Thence with two courses along the edge of marsh and upland with the meanders thereof,

N. 14°56' W., 5.95 chs.,

N. 15°54' E., 1.056 chs., at the intersection of marsh and upland with the southerly edge of Stage Island;

Thence Northwesterly in part with the southerly edge of Stage Island and in part with mean high water on the left or east bank of Plum Island Sound, approximately 27.00 chs., to the westerly edge of a pier;

Thence approximately N. 52°00' W., 50.00 chs., within Plum Island Sound to mean high water at the most southerly point on Middle Ground Island;

Thence Northwesterly with mean high water of Plum Island Sound along the southerly and westerly shores of Middle Ground Island, approximately 54.00 chs., to mean high water of Plum Island Sound at the most westerly point near the north end, on Middle Ground Island;

Thence N. 57° W., continuing in Plum Island Sound, approximately 36.00 chs., to mean high water at the southern end of High Island Point at the mouth and on the left bank of Rowley River;

Thence Northerly and Westerly in part with mean high water of Plum Island Sound and in part with mean high water on the right or south bank of Nelson Island Creek, with the meanders thereof approximately 96.00 chs., to a point at mean high water on the south or right bank of Nelson Island Creek, near the lower end of a small island;

Thence N. 86°43' W., approximately 35.50 chs.,

N. 36°28' W., 29.00 chs.,

S. 78°39' W., 6.70 chs., to the Place of Beginning.

Because of the opening of the hunting season for migratory waterfowl in Massachusetts on October 29, 1948 and the need for protection of such birds in the area described herein, it is found that it is contrary to the public interest to issue this regulation subject to the effective date limitation of section 4(c) of the Administrative Procedure Act.

In Witness Whereof, I have hereunto subscribed my name and caused the seal of the Department of the Interior to be affixed this 5th day of October 1948.

WILLIAM E. WARNE,

Acting Secretary of the Interior.

And Whereas upon consideration it appears that the foregoing regulation will tend to 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 regulation.

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 18th 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.

Signature of Harry S. Truman

HARRY S. TRUMAN

By the President:

ROBERT A. LOVETT,

Acting Secretary of State.

Harry S Truman, Proclamation 2817—Closed Area Under the Migratory Bird Treaty Act, Massachusetts Online by Gerhard Peters and John T. Woolley, The American Presidency Project https://www.presidency.ucsb.edu/node/287279

Simple Search of Our Archives