Proclamation 2848—Amendments of Regulations Relating to Migratory Birds and Game Mammals

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 amend as follows the regulations approved by Proclamation No. 2801 of July 29, 1948, as last amended by Proclamation No. 2822 of November 5, 1948, and 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:

1. Section 6.4 is amended to read as follows:

§ 6.4 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, and coot may be taken daily from one-half hour before sunrise to one hour before sunset, and rails, gallinules, 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 therefore 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 specified in this section, 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 in this section 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:

Provided, however, That whenever the Director of the Fish and Wildlife Service shall find that emergency State action to prevent forest fires in any extensive area has resulted in the shortening of the season during which the hunting of any migratory game bird is permitted 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.

2. Section 6.6 subsection (1) is amended to read as follows:

(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, may be transported in or out of Alaska, Puerto Rico, District of Columbia, or any State during the open season where taken: Provided, That the number of such birds permitted to be transported out of or into any such State, Alaska, Puerto Rico, or the District of Columbia or to a foreign country during any one calendar week shall not exceed for one person the number permitted by § 6.4 to be in the possession of one person where taken.

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.

3. Section 6.6 subsection (b) is amended to read as follows:

(b) Importations from Canada, Mexico, or other foreign country. Migratory game birds of species on which open seasons are prescribed by § 6.4, 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 greatest number of each species permitted to be possessed by one person anywhere in the United States.

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.

4. Section 6.6 subsection (c) is amended to read as follows:

(c) Possession. Within the maximum possession limits prescribed by § 6.4 migratory game birds lawfully taken within a State or transported or imported in accordance with the provisions of paragraphs (a) or (b) of this section, may be possessed in any State, District of Columbia, Alaska, or Puerto Rico during the open season where taken and for an additional 90 days next succeeding said open season.

5. Section 6.8 subsection (b) is amended to read as follows:

(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 lawfully obtained live migratory waterfowl without a special permit; and public museums zoological parks and societies, and public scientific and educational institutions may acquire by gift, loan or purchase and may possess, dispose of, and transport lawfully obtained migratory birds and their eggs, nests, or parts without obtaining a special permit. No such birds may be sold to, purchased from, or exchanged with any person not authorized pursuant to this section to sell purchase, or exchange them.

6. Section 6.8 subsection (c) is amended to read as follows:

(c) Special permits. Permits for the importation, taking, sale, purchase or other acquisition, and possession of live migratory birds and their eggs for propagating purposes; for the importation, taking, sale, purchase or other 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 by the Director, Fish and Wildlife Service, Washington 25, D.C., upon such terms and conditions as are consistent with the protection of the species and the general purposes of §§ 6.1 to 6.12 which terms and conditions may include, among other things, the inspection of premises and records by authorized employees of the Department, the keeping of records and the making of reports. Importations from Mexico under this subsection must be accompanied by a Mexican export permit.

To insure the preservation of migratory birds, permits to take for scientific and propagating purposes may be denied or they may limit the number and species of such birds or their eggs to be taken thereunder, the place where they may be taken, and the manner and means of taking. Migratory birds their eggs, and nests may not be sold to, purchased from, or exchanged with any person not authorized by this section or by a permit issued under this subsection to make such sale, purchase, or exchange.

No permit issued under this subsection shall authorize the taking, possession, sale, purchase, exchange, or transportation of migratory birds or their eggs or nests unless the permittee also possesses whatever permit may be required for such action pursuant to the laws and regulations of the State, Territory, or District concerned.

7. Section 6.8 subsections (d) and (e) are redesignated as subsections (e) and (f), respectively, and a new subsection to be designated as § 6.8(d) is added to read as follows:

(d) Transfer and revocation. No permit issued hereunder shall be transferable. The privilege granted by any permit shall terminate upon the expiration of the period named therein or any extension thereof, unless the permit is sooner terminated.

8. Section 6.8 subsection (e), as redesignated, is amended to read as follows:

(e) Applications for permits. Applications for permits shall be addressed to the Director, Fish and Wildlife Service, Washington 25, DC., in such form as he may prescribe.

These amendments shall become effective on and after September 1, 1949.

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 1949.

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-nine, and of the Independence of the United States of America the one hundred and seventy-fourth.

HARRY S. TRUMAN

By the President:

DEAN ACHESON,

Secretary of State.