Proclamation 2822—Amendment of Regulations Relating to Migratory Birds and Game Mammals

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), I, OSCAR L. CHAPMAN, 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 designated in the Convention between the United States and Great Britain for the protection of migratory birds, concluded August 16, 1916, and the Convention between the Unit3ed 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 in accordance with such determination, do hereby amend the regulations approved by Proclamation 2801 of July 29, 1948 (13 F.R. 4414), as amended by Proclamation 2821 of October 30, 1948 (13 F.R. 6465), by adding at the end of § 1.4 thereof the following:

"Provided, however, (1) that in the area of Minnesota in which hunting has been prohibited by State action by reason of emergency fire-hazard conditions, subject to all other provisions of this subchapter, the open season specified in this section for migratory waterfowl in that State is hereby extended for such area and for a period not to exceed the number of days during which hunting has been prohibited by State action but in no case beyond November 14, 1948; and (2) that whenever the Director of the Fish and Wildlife Service shall find that emergency State action to prevent forest fires has resulted in the shortening of the season during which the hunting of any migratory game bird is permitted in any extensive area and that a compensatory extension or reopening of the hunting season for such birds will not result in a diminution of the abundance of birds to any greater extent than that contemplated for the original hunting season, the hunting season for the birds so affected may, subject to all other provisions of this subchapter, be extended or reopened by the Director upon request of the chief officer of the agency of the State exercising administration over wildlife resources. The Director of the Fish and Wildlife Service shall fix the length of the extended or reopened season, which in no event shall exceed the number of days during which hunting has been so prohibited, and he shall publicly announce the extended or reopened season."

This amendment shall become effective upon its publication in the Federal Register as a part of the proclamation of the President by which the amendment is approved and proclaimed. Compliance with the provisions of section 4 of the Administrative Procedure Act (60 Stat. 238; 5 U.S.C. 1003) with respect to notice and effective date is found to be contrary to the public interest because of the emergency conditions which the proposed amendment is designed to correct.

In Witness Whereof, I have hereunto subscribed my name and caused the seal of the Department of the Interior to be affixed, this 4th day of November, 1948.

OSCAR L. CHAPMAN,

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 5th day of November 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.