Proclamation 2057—Amending Regulations on Migratory Game Birds

By the President of the United States of America
A Proclamation

Whereas the Secretary of Agriculture, by virtue of the authority vested in him by section 3 of the Migratory Bird Treaty Act (40 Stat. 755; U.S.C., title 16, sees. 703-711), 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 permtitting and governing the hunting, taking, capture, killing, possession, sale, purchase, shipment, transportation, carriage, and export of migratory birds and parts thereof and their nests and eggs, as follows:

Regulation 3, "Means by Which Migratory Game Birds Be Taken", is amended 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, except that in the taking of wild ducks not more than twenty-five (25) live duck decoys may be shot over, and in the taking of wild geese in California the use of live goose decoys is not permitted; but nothing herein shall be deemed to permit the use of an automobile, airplane, power boat, sailboat, any boat under sail, any floating device towed by power boat 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 power boat, sailboat, or other floating device for the purpose of concentrating, driving, rallying, or stirring up migratory waterfowl; and mourning doves shall not be taken at, on, over, or within 100 yards of any place, area, or environment whatever whereat or whereon has been placed, scattered, or distributed any corn, wheat, or other grain, salt, or other food designed, intended, or effective to bait, lure, attract, or entice such doves.

Regulation 4, "Open Seasons on and Possession of Certain Migratory Game Birds", is amended 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 fast days thereof.

Waterfowl (except snow geese and brant in Florida and all States north thereof bordering on the Atlantic Ocean, Ross's goose, wood duck, ruddy duck, bufflehead duck, and swans), rails, coot, gallinules, woodcock, Wilson's snipe or jacksnipe, mourning doves, and bandtailed pigeons may be taken each day from half an hour before sunrise to sunset during the open seasons prescribed therefor in this regulation, except that the hour for the commencement of hunting waterfowl, rails, gallinules, coot, and Wilson's snipe on the opening day of the season shall be 12 o'clock noon; and they may be taken by the means and in the numbers permitted by regulations 3 and 5 hereof, respectively, and when so taken may be possessed in the numbers permitted by regulation 5 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. Nothing herein shall be deemed to permit the taking of migratory birds on any refuge established under the Migratory Bird Conservation Act of February 18, 1929 (45 Stat. 1222-1226), nor on any area of the United States set aside by any other law, proclamation, or Executive order for use as a wild-life refuge except insofar as may be permitted by the Secretary of Agriculture under existing law, nor on any area adjacent to any such refuge when such area is designated as a closed area under the Migratory Bird Treaty Act.

Waterfowl (except snow geese and brant in Florida and all States north thereof bordering on the Atlantic Ocean, Ross's goose, wood duck, ruddy duck, bufflehead duck, and swans), Wilson's snipe or jacksnipe, and coot.-The open seasons for waterfowl (except snow geese and brant in Florida and all States north thereof bordering on the Atlantic Ocean, Boss's goose, wood duck, ruddy duck, bufflehead duck, and swans), Wilson's snipe or jacksnipe, and coot shall be as follows:

In Maine, New Hampshire, Vermont, Ohio, Michigan, Minnesota, Iowa, Nebraska, South Dakota, Montana, Wyoming, Colorado, Nevada, and that portion of Arizona comprising the counties of Mohave, Yavapai, Coconino, Navajo, and Apache, October 1 to November 30;

In Massachusetts, Rhode Island, Connecticut, New York (except Long Island), Pennsylvania, West Virginia, Illinois, Missouri, Kansas, Oklahoma, Utah, Washington, Oregon, Idaho (except in the counties of Benewah, Bonner, Boundary, Kootenai, and Shoshone), and that portion of New Mexico lying north and west of a line beginning at the eastern boundary of the State where the Southern Pacific Railroad crosses the State line, four miles northeast of Nara Visa, New Mexico; thence following the center of the main Southern Pacific Railroad track through the towns of Tucumcari, Santa Rosa, Vaughn, Corona, and Carrizozo, to the town of Tularosa, New Mexico, where said track is crossed by State Highway No. 52; thence west following said Highway No. 52 to Elephant Butte Dam, thence following a line running west through the towns of Hot Springs and Hermosa to the northeast corner of Grant County, thence continuing due west along the north line of Grant County to the State boundary line, October 16 to December 15;

In Wisconsin, North Dakota, and that portion of Idaho comprising the counties of Benewah, Bonner, Boundary, Kootenai, and Shoshone, September 21 to November 20;

In that portion of New York known as Long Island, and in Delaware, Indiana, Kentucky, California, and that portion of Texas lying west and north of a line beginning on the Rio Grande 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 International & Great Northern Railroad at or near San Antonio; thence following the center of the track of said International & Great Northern Railroad in an easterly direction, to the point in the city of Austin where it joins Congress Avenue, near the International & Great Northern Railroad depot; thence across Congress Avenue to the center of the main track of the Houston & Texas Central Railroad where said track joins said Congress Avenue, at or near the Houston & Texas Central Railroad depot; thence following the center line of the track of said Houston & Texas Central Railroad 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 Gulf, Colorado & Santa Fe Railway crosses the same; thence with the center of the track of the said Gulf, Colorado & Santa Fe Railway in an easterly direction through the towns of Navasota, Montgomery, and Conroe, to the point at or near Cleveland where said Gulf, Colorado & Santa Fe Railroad crosses the Houston East & West Texas Railroad; thence with the center of said Houston East & West Texas Railroad track to the point in said line where it strikes the Louisiana line, November 1 to December 31;

In New Jersey, Maryland, Virginia, North Carolina, South Carolina, Georgia, Alabama, Tennessee, Mississippi, Arkansas, Louisiana, and Arizona (except in the counties of Apache, Coconino, Mohave, Navajo, and Yavapai), and in those portions of Texas and New Mexico lying south and east of the lines above described, November 16 to January 15;

In Florida, November 20 to January 15; and

In Alaska, September 1 to October 31.

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

In Massachusetts, October 1 to December 15;

In Washington, October 1 to November 30;

In New York (except Long Island), October 16 to December 15;

In that portion of New York known as Long Island, November 1 to December 31;

In Wisconsin, September 21 to November 20;

In Louisiana, November 1 to January 31; and

In the District of Columbia, no open season.

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

In that portion of New York lying north of the tracks of the main line of the New York Central Railroad extending from Buffalo to Albany and north of the tracks of the main line of the Boston & Albany Railroad extending from Albany to the Massachusetts State line, and in Maine, New Hampshire, Vermont, and North Dakota, October 1 to October 31;

In Wisconsin, September 23 to October 22;

In that portion of New York lying south of the line above described including Long Island and in New Jersey, Pennsylvania, Ohio, Indiana, Michigan, and Iowa, October 15 to November 14;

In Massachusetts, Rhode Island, and Connecticut, October 20 to November 19;

In Missouri, November 10 to December 10;

In Delaware, Maryland, Virginia, West Virginia, Kentucky, Arkansas, and Oklahoma, November 15 to December 15; and

In North Carolina, South Carolina, Georgia, Alabama, Mississippi, and Louisiana, December 1 to December 31.

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

In Delaware, Maryland, Virginia, Tennessee, Kentucky, Illinois, Minnesota, Nebraska, Kansas, Missouri, Arkansas, Oklahoma, New Mexico, Utah, Arizona, California, Nevada, Idaho, and Oregon, September 1 to December 15;

In that portion of Texas lying west and north of a line beginning on the Rio Grande 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 International & Great Northern Railroad at or near San Antonio; thence following the center of the track of said International & Great Northern Railroad in an easterly direction, to the point in the city of Austin where it joins Congress Avenue, near the International & Great Northern Railroad depot; thence across Congress Avenue to the center of the main track of the Houston & Texas Central Railroad where said track joins said Congress Avenue, at or near the Houston & Texas Central Railroad depot; thence following the center line of the track of said Houston & Texas Central Railroad 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 Gulf, Colorado & Santa Fe Railway crosses the same; thence with the center of the track of the said Gulf, Colorado & Santa Fe Railway in an easterly direction through the towns of Navasota, Montgomery, and Conroe, to the point at or near Cleveland where said Gulf, Colorado & Santa Fe Railway crosses the Houston East & West Texas Railway; thence with the center of said Houston East & West Texas Railway track to the point in said line where it strikes the Louisiana line, September 1 to October 31;

In that portion of Texas lying south and east of the aforesaid line, October 1 to November 30;

In North Carolina, South Carolina, Georgia, Alabama (except in Mobile, Baldwin, and Washington Counties), Mississippi, and Louisiana, September 1 to September 30 and November 20 to January 31;

In that portion of Alabama comprising Mobile, Baldwin, and Washington Counties and in that portion of Florida comprising all counties west of the Ochlockonee River, November 1 to January 31;

In Florida (except in Dade, Monroe, and Broward Counties and all counties west of the Ochlockonee River), November 20 to January 31; and

In that portion of Florida comprising Dade, Monroe, and Broward Counties, September 16 to November 15.

Band-tailed pigeons.-The open seasons for band-tailed pigeons shall be as follows:

In California and Arizona, December 1 to December 15;

In New Mexico, November 1 to November 15; and

In Washington and Oregon, October 16 to October 30.

Regulation 5, "Daily Bag and Possession Limits on Certain Migratory Game Birds", is amended to read as follows:

REGULATION 5.—DAILY BAG AND POSSESSION LIMITS ON CERTAIN MIGRATORY GAME BIRDS

A person may take in any one day during the open seasons prescribed therefor in regulation 4 not to exceed the following numbers of migratory game birds, which numbers shall include all birds taken by any other person who for hire accompanies or assists him in taking migratory birds; and in the case of ducks, geese, brant, woodcock, and band-tailed pigeons, when so taken these may be possessed in the numbers specified as follows:

Ducks (except wood duck, ruddy duck, and bufflehead duck).-Twelve in the aggregate of all kinds, but not more than 5 eider ducks, and not more than 8 of any one, or 8 in the aggregate, of the following species—canvasback, redhead, greater scaup, lesser scaup, ringneck, blue-wing teal, green-wing teal, cinnamon teal, shoveler, and gadwall-may be taken in any one day; and any person at any one time may possess not more than 24 ducks in the aggregate of all kinds, but not more than 10 eider ducks and not more than 16 of any one, or 16 in the aggregate, of the following species-canvasback, redhead, greater scaup, lesser scaup, ringneck, blue-wing teal, green-wing teal, cinnamon teal, shoveler, and gadwall.

Geese and brant (except snow geese and brant in Florida and all States north thereof bordering on the Atlantic Ocean, and Ross's goose).-Four in the aggregate of all kinds, and any person at any one time may possess not more than 8 geese and brant in the aggregate of all kinds.

Rails and gallinules (except sora and coot).-Twenty-five in the aggregate of all kinds, but not more than 15 of any one species.

Sora.-Twenty-five.

Coot.-Twenty-five.

Wilson's snipe or jacksnipe.-Twenty.

Woodcock.-Four, and any person at any one time may possess not more than 12.

Doves (mourning).-Eighteen.

Band-tailed pigeons.-Ten, and any person at any one time may possess not more than 10.

The possession limits hereinbefore prescribed shall apply as well to ducks, geese, brant, woodcock, and band-tailed pigeons taken in Canada and other foreign countries and brought into the United States as to those taken in the United States.

Regulation 6, "Shipment, Transportation, and Possession of Certain Migratory Game Birds", is amended to read as follows:

REGULATION 6.—SHIPMENT, TRANSPORTATION, AND POSSESSION OF CERTAIN MIGRATORY GAME BIRDS

Waterfowl (except snow geese and brant in Florida and all States north thereof bordering on the Atlantic Ocean, Ross's goose, wood duck, ruddy duck, bufflehead duck, and swans), rails, coot, gallinules, woodcock, Wilson's snipe or jacksnipe, mourning doves, and bandtailed pigeons and parts thereof legally taken may be transported in any manner in or out of the State where taken during the respective open seasons in that State and when legally taken in and exported from Canada may be imported into the United States during the open season in the Province where taken; but not more than the number thereof that may be taken in 2 days, or 1 day in the case of bandtailed pigeons, or 3 days in the case of woodcock, by one person under these regulations shall be transported by one person in one calendar week out of the State where taken or from Canada into the United States; any such birds or parts thereof in transit during the open season may continue in transit such additional time immediately succeeding such open season, not to exceed 5 days, necessary to deliver the same to their destination, and may be possessed 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; and 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; but no such birds or parts thereof shall be transported from any State, Territory, or District to or through another State, Territory, or District or to or through a Province of the Dominion of Canada contrary to the laws of the State, Territory, or District in which they were taken or from which they are transported; nor shall any such birds or parts thereof be transported into any State, Territory, or District from another State, Territory, or District, or Province of the Dominion of Canada, or from any State, Territory, or District into any Province of the Dominion of Canada, at a time when any such State, Territory, or District, or Province of the Dominion of Canada into which they are transported prohibits the possession or transportation thereof.

Migratory game birds imported from countries other than Canada.- Migratory game birds of a species for which an open season is prescribed by regulation 4, lawfully taken in and exported from a foreign country (other than Canada, for which provision is hereinbefore made), may be transported to and possessed in any State of the United States during the open season prescribed by regulation 4 in such State for that species and for a period of 10 days immediately succeeding such open season, and in the District of Columbia during the open season so prescribed for Maryland and 10 days thereafter, in numbers in any one calendar week not exceeding those permitted to be taken in 2 days by regulation 5, or possessed at any one time, as the case may be, if transportation and possession of such birds is not prohibited by the laws of such State or District and if imported and transported in packages marked as hereinbefore provided.

Paragraph 1 of regulation 8, "Permits to Propagate and Sell Migratory Waterfowl", is amended to read as follows:

1. A person may take at any time migratory waterfowl and their eggs for propagating purposes when authorized by a permit issued by the Secretary. Waterfowl and their eggs so taken may be possessed by the permittee and may be sold and transported by him for propagating purposes to any person holding a permit issued by the Secretary in accordance with the provisions of this regulation.

The first paragraph of regulation 9, "Permits to Collect Migratory Birds for Scientific Purposes", is amended to read as follows:

A person may take 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 or the taking of migratory game birds with a gun larger than 10 gauge or from an automobile, airplane, power boat, sailboat, or any boat under sail.

Now, Therefore, I, Franklin D. Roosevelt, 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 11" day of September, in the year of our Lord nineteen hundred and thirty-three, and of the Independence of the United States of America the one hundred and fifty-eighth.

FRANKLIN D. ROOSEVELT

By the President:
CORDELL HULL
Secretary of State.