Proclamation 1876—Amending the Migratory Bird Regulations

Whereas, The Secretary of Agriculture, by virtue of the authority vested in him by section three of the Migratory Bird Treaty Act (40 Stat., 755), has submitted to me for approval, regulations further amendatory of the regulations approved and proclaimed July 31, 1918, which the Secretary of Agriculture has determined to be suitable amendatory regulations permitting and governing the hunting, taking, capture, killing, possession, sale, purchase, shipment, transportation, carriage, and export of said birds and parts thereof and their nests and eggs, as follows:

Regulation 3, Means by which Migratory Game Birds may be Taken, is hereby amended so as to read as follows:

REGULATION 3.--MEANS BY WHICH MIGRATORY GAME BIRDS MAY BE TAKEN

The migratory game birds specified in regulation 4 hereof may be taken during the open season with a gun only, not larger than No. 10 gauge, fired from the shoulder, except as specifically permitted by regulations 7, 8, 9, and 10 hereof; they may be taken during the open season from the land and water, with the aid of a dog, the use of decoys, and from a blind or floating device; but nothing herein shall be deemed to permit the use of an automobile, airplane, powerboat, sailboat, any boat under sail, any floating device towed by powerboat or sailboat, or any sinkbox (battery), except that sinkboxes (batteries) may be used in the taking of migratory waterfowl in coastal sounds and bays (including Back Bay, Princess Anne County, State of Virginia) and other coastal waters; and nothing herein shall be deemed to permit the use of an airplane, or a powerboat, sailboat, or other floating device for the purpose of concentrating, driving, rallying, or stirring up migratory waterfowl.

Regulation 4, Open Seasons on and Possession of Certain Migratory Game Birds, is hereby amended so as to read as follows:

REGULATION 4.--OPEN SEASONS ON AND POSSESSION OF CERTAIN MIGRATORY GAME BIRDS

For the purpose of this regulation, each period of time herein prescribed as an open season shall be construed to include the first and last days thereof.

Waterfowl (except wood duck, eider ducks, and swans), rails, coot, gallinules, woodcock, Wilson snipe or jacksnipe, and mourning doves may be taken each day from half an hour before sunrise to sunset during the open seasons prescribed therefor in this regulation by the means and in the numbers permitted by regulations 3 and 5 hereof, respectively, and when so taken may be possessed any day in any State, Territory, or District during the period constituting the open season where killed and for an additional period of 10 days next succeeding said open season, but no such bird shall be possessed in a State, Territory, or District at a time when such State, Territory, or District prohibits the possession thereof.

Waterfowl (except wood duck, eider ducks, and swans), coot, and Wilson snipe or jacksnipe.--The open seasons for waterfowl (except wood duck, eider ducks, and swans), coot, and Wilson snipe or jacksnipe shall be as follows:

In Maine, New Hampshire, Vermont, Massachusetts (except in Nantucket and Dukes Counties, and Barnstable County south and east of the Cape Cod Canal), Ohio, West Virginia, Michigan, Wisconsin, Minnesota, Iowa, North Dakota, South Dakota, Nebraska, Kansas, Colorado, Wyoming, Montana, Nevada, and that portion of Idaho comprising the counties of Boundary, Bonner, Kootenai, Benewah, and Shoshone, and that portion of Washington lying east of the summit of the Cascade Mountains the open season shall be from September 16 to December 31;

In New York (except Long Island), Illinois, and Missouri the open season shall be from September 24 to January 7;

In that portion of Massachusetts known as Nantucket and Dukes Counties, and Barnstable County south and east of the Cape Cod Canal, and in Rhode Island, Connecticut, Pennsylvania, Indiana, Utah, Idaho (except in the counties of Boundary, Bonner, Kootenai, Benewah and Shoshone), California, Oregon, and that portion of Washington lying west of the summit of the Cascade Mountains the open season shall be from October 1 to January 15;

In that portion of New York known as Long Island, and in New Jersey, Delaware, Oklahoma, New Mexico, Arizona, that portion of Texas lying west and north of a line beginning on the Rio Grande River directly west of the town of Del Rio, Texas; thence east to the town of Del Rio; thence easterly following the center of the main track of the Southern Pacific Railroad through the towns of Spofford, Uvalde, and Hondo; thence to the point where the Southern Pacific Railroad crosses the I. & G.N.R.R., at or near San Antonio; thence following the center of the track of said I. & G.N.R.R. in an easterly direction, to the point in the city of Austin, where it joins Congress Avenue, near the I & G.N.R.R. depot; thence across said Congress Avenue to the center of the main track of the H. & T.C.R.R. where said track joins said Congress Avenue, at or near the H. & T.C.R.R. depot; thence following the center line of the track of said H. & T.C.R.R. in an easterly direction through the towns of Elgin, Giddings, and Branham, to the point where said railroad crosses the Brazos River; thence with the center of said Brazos River in a general northerly direction, to the point on said river where the Beaumont branch of the Santa Fe Railway crosses the same; thence with the center of the track of the said G.C. & S.F.R.R., in an easterly direction through the towns of Navasota, Montgomery, and Conroe, to the point at or near Cleveland, where said G.C. & S.F.R.R. crosses the Houston, East and West Texas Railroad; thence with the center of said H.E. & W.T.R.R. track to the point in said line, where it strikes the Louisiana line, the open season shall be from October 16 to January 31; and in that portion of Texas lying south and east of the line above described the open season shall be from November 1 to January 31;

In Maryland, the District of Columbia, Virginia, Kentucky, Tennessee, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Arkansas, and Louisiana the open season shall be from November 1 to January 31; and

In Alaska the open season shall be from September 1 to December 15. Rails and gallinules (except coot).--The open season for sora and other rails and gallinules (except coot) shall be from September 1 to November 30, except as follows:

In Massachusetts the open season shall be from September 16 to December 15; and

In Louisiana the open season shall be from November 1 to January 31.

Woodcock.--The open seasons for woodcock shall be as follows:

In Maine, New Hampshire, Vermont, New York, and North Dakota the open season shall be from October 1 to October 31;

In Massachusetts, Rhode Island, and Connecticut the open season shall be from October 20 to November 19;

In New Jersey, Pennsylvania, Ohio, Indiana, Michigan, Wisconsin, and Iowa the open season shall be from October 15 to November 14;

In Maryland, the District of Columbia, and Missouri the open season shall be from November 10 to December 10;

In Delaware, Virginia, West Virginia, Kentucky, Arkansas, and Oklahoma the open season shall be from November 15 to December 15; and

In North Carolina, South Carolina, Georgia, Alabama, Mississippi, and Louisiana the open season shall be from December 1 to December 31

Doves.--The open seasons for mourning doves shall be as follows:

In Delaware, Maryland, Virginia, Tennessee, Kentucky, Ohio, Indiana, Illinois, Minnesota, Nebraska, Kansas, Missouri, Arkansas, Oklahoma, New Mexico, Colorado, Utah, Arizona, California, Nevada, Idaho, Oregon, that portion of Texas lying west and north of a line beginning on the Rio Grande River directly west of the town of Del Rio, Texas; thence east to the town of Del Rio; thence easterly following the center of the main track of the Southern Pacific Railroad through the towns of Spofford, Uvalde, and Hondo; thence to the point where the Southern Pacific Railroad crosses the I. & G.N.R.R., at or near San Antonio; thence following the center of the track of said I. & G.N.R.R. in an easterly direction, to the point in the city of Austin, where it joins Congress Avenue, near the I. & G.N.R.R. depot; thence across said Congress Avenue to the center of the main track of the H. & T.C.R.R. where said track joins said Congress Avenue, at or near the H. & T.C.R.R. depot; thence following the center line of the track of said H. & T.C.R.R. in an easterly direction through the towns of Elgin, Giddings, and Brenham, to the point where said railroad crosses the Brazos River; thence with the center of said Brazos River in a general northerly direction, to the point on said river where the Beaumont branch of the Santa Fe Railway crosses the same; thence with the center of the track of the said G.C. & S.F.R.R., in an easterly direction through the towns of Navasota, Montgomery, and Conroe, to the point at or near Cleveland, where said G.C. & S.F.R.R. crosses the Houston, East and West Texas Railroad; thence with the center of said H.E. & W.T.R.R. track to the point in said line, where it strikes the Louisiana line, the open season shall be from September 1 to December 15; and in that portion of Texas lying south and east of the line above described the open season shall be from November 1 to December 31;

In South Carolina, Georgia, Florida, Alabama (except in Mobile and Baldwin Counties), Mississippi, and Louisiana the open season shall be from September 1 to September 30 and from November 20 to January 31;

In that portion of Alabama known as Mobile and Baldwin counties the open season shall be from November 1 to January 31; and

In North Carolina the open season shall be from November 20 to January 31.

Regulation 9, Permits to Collect Migratory Birds for Scientific Purposes, is hereby amended so as to read as follows:

REGULATION 9.--PERMITS TO COLLECT MIGRATORY BIRDS FOR SCIENTIFIC PURPOSES

A person may take in any manner and at any time migratory birds and their nests and eggs for scientific purposes when authorized by a permit issued by the Secretary, which permit shall be carried on his person when he is collecting specimens thereunder and shall be exhibited to any person requesting to see the same, except that nothing herein shall be deemed to permit the taking of any migratory game bird on any day from sunset to one-half hour before sunrise.

Application for a permit must be addressed to the Secretary of Agriculture, Washington, D.C., and must contain the following information: Name and address of applicant, his age, and name of State, Territory, or District in which specimens are proposed to be taken, and the purpose for which they are intended. Each application shall be accompanied by two certificates certifying to the fitness of such person to hold a Federal permit. These certificates will be accepted from well-known ornithologists, principals or superintendents of educational or zoological institutions, officials or members of zoological, natural history, or other scientific organizations, or instructors in zoology in high schools, colleges, or universities, or by any one of the above together with a certificate by the chief game official of the State in which the applicant is a resident or of the State in which he desires to conduct his operations.

The permit may limit the number and species of birds, birds' nests, or eggs that may be collected thereunder, and may authorize the holder thereof to possess, buy, sell, exchange, and transport in any manner and at any time migratory birds, parts thereof, and their nests and eggs for scientific purposes; or it may limit the holder to one or more of these privileges. Public museums, zoological parks and societies, and public, scientific, and educational institutions may possess, buy, sell, exchange, and transport in any manner and at any time migratory birds and parts thereof and their nests and eggs for scientific purposes without a permit, but no specimens shall be taken without a permit. The plumage and skins of migratory game birds legally taken may be possessed and transported by a person without a permit.

A taxidermist, when authorized by a permit issued by the Secretary, may possess, buy, sell, exchange, and transport in any manner and at any time migratory birds and parts thereof legally taken, or he may be limited to one or more of these privileges. A taxidermist granted a permit under this regulation shall keep books and records correctly setting forth the name and address of each person delivering each specimen of a migratory bird to him together with the name of each species, the date of delivery, the disposition of such specimen, and the date thereof, which said books and records shall be available for inspection at all reasonable hours on request by any duly authorized representative of the Department of Agriculture.

Each permit shall be valid until revoked by the Secretary unless otherwise specified therein, shall not be transferable, and shall be revocable at the discretion of the Secretary. A permit duly revoked by the Secretary shall be surrendered to him by the person to whom it was issued, on demand of any employee of the United States Department of Agriculture duly authorized to enforce the provisions of the migratory bird treaty act.

A person holding a permit under this regulation shall report annually to the Secretary on or before the 10th day of January during the life of the permit the number of skins, nests, or eggs of each species collected, bought, sold, received, possessed, mounted, exchanged, or transported during the preceding calendar year.

Every package in which migratory birds or their nests or eggs are transported shall have clearly and conspicuously marked on the outside thereof the name and address of the sender, the number of the permit in every case when a permit is required, the name and address of the consignee, a statement that it contains specimens of birds, their nests, or eggs for scientific purposes, and, whenever such a package is transported or offered for transportation from the Dominion of Canada into the United States or from the United States into the Dominion of Canada, an accurate statement of the contents.

Now, Therefore, I, Herbert Hoover, President of the United States of America, do hereby approve and proclaim the foregoing amendatory regulations.

In Witness Whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this 23d day of April in the year of our Lord one thousand nine hundred and twenty-nine, and of the Independence of the United States of America the one hundred and fifty-third.

HERBERT HOOVER

By the President:

HENRY L. STIMSON

Secretary of State.