Proclamation 2194—Amending Regulations on Migratory Game Birds

By the President of the United States of America
A Proclamation

Whereas the Secretary of Agriculture, pursuant to section 3 of the Migratory Bird Treaty Act (40 Stat. 755; U.S.C., title 16, secs. 703-711), and 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 sixteenth, nineteen hundred and sixteen, has determined when, to what extent, and by what means it is compatible with the terms of said Convention to allow hunting, taking, capture, killing, possession, sale, purchase, shipment, transportation, carriage, and export of such birds and parts thereof and their nests and eggs, and in accordance with such determinations has adopted and submitted to me regulations further amendatory of the regulations approved and proclaimed July 31, 1918, which said further amendatory regulations he, the said Secretary of Agriculture, has determined to be suitable 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, and which said further amendatory regulations are as follows:

Regulation 3, "Means by Which Migratory Game Birds May Be Taken", is amended to read as follows:

Regulation 3.—Means By Which Migratory Game Birds May Be Taken

The migratory game birds for which open seasons are specified in regulation 4 hereof may be taken during such respective open seasons with a shotgun only, not larger than no. 10 gage, fired from the shoulder, except as specifically permitted by regulations 7, 8, 9, and 10 hereof, but they shall not be taken with or by means of any automatic-loading or hand-operated repeating shotgun capable of holding more than 3 shells, the magazine of which has not been cut off or plugged with a one-piece metal or wooden filler incapable of removal through the loading end thereof, so as to reduce the capacity of said gun to not more than 3 shells at one loading; they may be taken during the open season from the land or water, with the aid of a dog, and from a blind, boat, or floating craft except sinkbox (battery), power boat, sailboat, any boat under sail and any craft or device of any kind towed by power boat or sailboat; but nothing herein shall permit the taking of migratory game birds from or by means, aid or use of an automobile or aircraft of any kind. 

Waterfowl (except for propagation, scientific or banding purposes under permit pursuant to regulations 8 and 9 of these regulations) and mourning doves are not permitted to be taken by means, aid or use, directly or indirectly, of corn, wheat, oats, or other grain or products thereof, salt, or any kind of feed whatsoever, placed, deposited, distributed, scattered, or otherwise put out whereby such waterfowl or doves are lured, attracted, or enticed; and in the taking of waterfowl, the use directly or indirectly, of live duck or goose decoys is not permitted; nor shall anything in these regulations be deemed to permit the use of aircraft of any kind, or of a power boat, sailboat, or other floating craft or device of any kind, 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 amended to read as follows:

Regulation 4.—Open Seasons on 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, canvasback duck, redhead duck, ruddy duck, buffle-head duck, and swans), and coot, may be taken each day from 7 am. to 4 pm., standard time, and rails and gallinules (other than coot), Wilson's snipe or jack-snipe, woodcock, mourning doves, and band-tailed pigeons from 7 a.m., standard time, to sunset each day during the open seasons prescribed therefor in this regulation, 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 reservation or sanctuary established under the Migratory Bird Conservation Act of February 18, 1929 (45 Stat. 1222) nor 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 grounds, or 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, canvasback duck, redhead duck, buffle-head 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, Ross's goose, wood duck, ruddy duck, canvasback duck, redhead duck, buffle-head duck, and swans), Wilson's snipe or jacksnipe, and coot, in the several States and Alaska, shall be as follows, both dates inclusive:

In Maine, Michigan, Minnesota, Montana, New Hampshire, North Dakota, South Dakota, Vermont, and Wisconsin, October 10 to November 8;

In Arizona, California, Colorado, Connecticut, Idaho, Illinois, Indiana, Iowa, Kansas, Massachusetts, Missouri, Nebraska, Nevada, New Mexico, New York, including Long Island, Ohio, Oregon, Pennsylvania, Rhode Island, Utah, Washington, West Virginia, and Wyoming, November 1 to November 30;

In Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, New Jersey, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, and Virginia, November 26 to December 25;

In Alaska north of the Alaska Range and the Ahklun Mountains, September 1 to September 30; south of the Alaska Range and the Ahklun Mountains west of the 141st meridian and east of False Pass at the tip of the Alaska Peninsula, September 16 to October 15; southeastern Alaska from the 141st meridian to Dixons Entrance, October 1 to October 30; and Islands of Unimak, Unalaska, Akutan, and Akim west of Unimak Pass in the Aleutian Island group, November 1 to November 30.

Rails and gallinules (except coot).— The open season for rails and gallinules (except coot) shall be from September 1 to November 30, both dates inclusive, except as follows:

Washington and Massachusetts, October 1 to November 30; 

New York, including Long Island, November 1 to November 30;

Wisconsin, October 10 to November 8;

Alabama, November 20 to January 31;

Connecticut, September 15 to November 30;

Louisiana, November 1 to January 31; and

District of Columbia, no open season.

Woodcock.—The open seasons for woodcock shall be as follows, both dates inclusive:

Wisconsin, October 17 to October 31;

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, Michigan, and North Dakota, October 1 to October 31;

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

Massachusetts, Rhode Island, and Connecticut, October 21 to November 20;

Missouri, November 10 to December 10;

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

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, both dates inclusive:

Arizona, Arkansas, California, Idaho, Illinois, Kansas, Kentucky, Minnesota, Missouri, New Mexico, Nevada, Oklahoma, Oregon, Tennessee, Utah, and Virginia, September l to November 15;

Delaware, September 15 to November 30;

Maryland, September 1 to September 30 and November 15 to December 31;

Florida (except in Dade, Broward, and Monroe Counties), and Louisiana, November 20 to January 31;

That portion of Florida comprising Dade, Broward, and Monroe Counties, October 1 to November 15;

North Carolina, September 1 to September 30 and December 20 to January 31;

Alabama, in the counties of Pickens, Tuscaloosa, Jefferson, Shelby, Talladega, Clay, Randolph, and all counties north thereof; Georgia, in the counties of Troup, Meriwether, Pike, Lamar, Monroe, Jones, Baldwin, Washington, Jefferson, Burke, and all counties north thereof; Mississippi, in the counties of Washington, Humphreys, Holmes, Attala, Winston, Noxubee, and all counties north thereof; and South Carolina, in the counties of Edgefield, Saluda, Newberry, Fairfield, Lancaster, Chesterfield, and all counties north thereof, September 1 to September 30 and December 20 to January 31;

Alabama, Georgia, Mississippi, and South Carolina, in the counties other than those aforesaid, November 20 to January 31;

That portion of Texas north or northerly of a line beginning at the Rio Grande west of Del Rio, thence to Del Rio, thence east along Southern Pacific Railway to San Antonio, thence along International Great Northern Railway to Austin, thence east along Houston and Texas Central Railway to Brazos River, thence north up Brazos River to where Beaumont branch of Gulf, Colorado & Santa Fe Railway crosses said river, thence east along Gulf, Colorado & Santa Fe Railway to intersection with Houston East & West Texas Railway at Cleveland, thence along Houston East & West Texas Railway to the Louisiana border except the counties of Bastrop, Brazos, Burleson, Fayette, Grimes, Lee, Limestone, Milam, Montgomery, Robertson, San Jacinto, Smith, Washington, and Wood, September 1 to October 31; and

That portion of Texas south of the above described boundaries and the counties hereinabove excepted, December 1 to January 16.

Band-tailed pigeons.—The open seasons for band-tailed pigeons shall be as follows, both dates inclusive:

California, December 1 to December 15;

Arizona and Oregon, October 16 to October 30;

New Mexico, October 1 to October 15; and

Washington, September 16 to September 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 such birds; and when so taken these may be possessed in the numbers specified as follows:

Ducks (except wood duck, canvasback duck, redhead duck, ruddy duck, and bufflehead duck).—Ten in the aggregate of all kinds, and any person at any one time may possess not more than 10 ducks in the aggregate of all kinds.

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 4 geese and brant in the aggregate of all kinds.

Bails and gallinules (except sora and coot).—Fifteen in the aggregate of all kinds, and any person at any one time may possess not more than 15 in the aggregate of all kinds.

Sora.—Twenty-five, and any person at any one time may possess not more than 25.

Coot.—Fifteen, and any person at any one time may possess not more than 15.

Wilson's snipe or jacksnipe.—Fifteen, and any person at any one time may possess not more than 15.

Woodcock.—Four, and any person at any one time may possess not more than 4.

Mourning doves.—Twenty, and any person at any one time may possess not more than 20.

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, rails including coot and gallinules, Wilson's snipe or jacksnipe, woodcock, mourning doves, and band-tailed pigeons taken in Canada or other foreign country 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

The migratory game birds of a species for which open seasons are prescribed by regulation 4 of these regulations, 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 1 day by one person under these regulations shall be transported by one person in 1 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 1 calendar week not exceeding those permitted to be taken in 1 day by regulation 5, 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.

Regulation 8, "Permits to Propagate and Sell Migratory Waterfowl", is amended to read as follows:

Regulation 8.—Permits to Propagate and Sell Migratory Waterfowl

1. A person in possession of a valid, subsisting permit issued to him by a State, on its part, authorizing him to take therein migratory waterfowl or their eggs for propagating purposes, may take such birds or their eggs in such State for such purposes when authorized by a permit issued to him by the Secretary, which permit may limit the species and numbers of birds or eggs that may be taken and the period during which and the locality where they may be taken. Both permits shall be carried on the person of the permittee when he is taking migratory waterfowl or their eggs and shall be exhibited to any person requesting to see them. 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.

2. A person in possession of a valid, subsisting permit issued to him by a State, on its part, authorizing him to possess, buy, sell, and transport migratory waterfowl and their increase and eggs for propagating purposes, may possess, buy, sell, and transport such waterfowl and their increase and eggs for such purposes when authorized by a permit issued to him by the Secretary; and migratory waterfowl, except the birds taken under paragraph 1 of this regulation, so possessed may be killed by him at any time and in any manner (except that they may be killed by shooting only during the open season for waterfowl in the State where killed), and the carcasses, with heads and feet attached thereto, may be sold and transported by him to any person for actual consumption, or to the keeper of a hotel, restaurant, or boarding house, a retail dealer in meat or game, or a club, for sale or service to their patrons, who may possess such carcasses for actual consumption without a permit, but no such birds that have been killed shall be bartered, sold, or bought unless each bird before attaining the age of 4 weeks shall have had removed from the web of one foot a portion thereof in the form of a V large enough to make a permanent, well-defined mark, which shall be sufficient to identify it as a bird raised in domestication under a permit.

3. Applications for permits shall be addressed to the Secretary of Agriculture, Washington, D.C., and must state the name and address of the applicant; the place where the propagating project is to be carried on; the area to be used in the project; the facilities the applicant has for properly caring for the waterfowl; the number of each species of waterfowl in his possession, and how, when, and where they were acquired; and, if the application is for a permit to take migratory waterfowl or their eggs, the species and number of each species or eggs of each species proposed to be taken, and the specific locality where it is proposed to take them.

4. Every permittee shall keep books and records that shall correctly set forth the number of each species of waterfowl and their eggs taken by him, if he holds a permit to take waterfowl, the number of each species of waterfowl and their eggs possessed on the date of application for a permit to possess, sell, purchase, or transport such waterfowl, and on the 1st day of each September next following, and for each 12-month period thereafter during the life of the permit, the number of each species reared and killed, the number of each species and their eggs sold and transported, the manner in which such waterfowl and eggs were transported, the name and address of each person from or to whom waterfowl and eggs were purchased or sold, the number and species so purchased or otherwise acquired or sold and whether sold alive or dead, and the date of each transaction. A report correctly setting forth this information for the preceding 12-month period shall be filed annually with the Secretary on or before September 1.

5. A permitee shall at all reasonable hours allow any authorized employee of the United States Department of Agriculture to enter and inspect the premises  where operations are being carried on under this regulation and to Inspect the books and records relating thereto.

6. No permit Issued by the Secretary authorizes the taking, possession, sale, purchase, exchange, or transportation of migratory waterfowl unless the permittee has in his possession while exercising any such privilege a valid, subsisting permit of equivalent tenor issued to him by the State in which he proposes to operate. Permits are not transferable and are revocable at any time in the discretion of the Secretary. A permit 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 authorized to enforce the provisions of the Migratory Bird Treaty Act.

7. A person may possess and transport, subject to the provisions of paragraph 8 of this regulation, for his own use, without a permit, live migratory waterfowl now lawfully possessed or hereafter lawfully acquired by him, but he may not purchase or sell such waterfowl without a permit. A State or municipal game farm or city park may possess, purchase, sell, and transport live migratory waterfowl without a permit, but no such waterfowl shall be purchased from or sold to a person (other than such State or municipal game farm or city park) unless he has a permit. Feathers of wild ducks and wild geese lawfully killed, and feathers of such birds seized and condemned by Federal or State game authorities, may be possessed, bought, sold and transported for use in making fishing flies, bed pillows, and mattresses, and for similar commercial purposes, but not for millinery or ornamental purposes.

8. Every package in which migratory waterfowl or parts or eggs thereof are transported by any means whatever from one State, Territory, or the District of Columbia to, into, or through another State, Territory, or the District of Columbia or to or from a foreign country shall be plainly and clearly marked or labeled on the outside thereof to show the name and address of the consignor and consignee, the contents of the package by number and kind, the number of the permit under authority of which it is transported, and the purpose for which the waterfowl or eggs are being transported. Every package in which migratory waterfowl or their eggs are shipped wholly within a State or Territory for propagating purposes shall be plainly and clearly marked or labeled on the outside thereof in the manner above prescribed.

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

Regulation 9.—Permits to Collect Migratory Birds for Scientific Purposes

A person in possession of a valid, subsisting permit issued to him by a State, on its part, authorizing him to take therein migratory birds or their nests or eggs for scientific purposes may take such birds or their nests or eggs in such State for such purposes when authorized by a permit issued to him by the Secretary. Both permits shall be carried on his person when he is collecting migratory birds thereunder and shall be exhibited to any person requesting to see them; but nothing herein shall be deemed to permit the taking of any migratory game bird during the open season therefor in any manner or by any means or at any time of day not permitted by regulations 3 and 4 of these regulations.

Application for a permit shall be addressed to the Secretary of Agriculture, Washington, D.C., and must state the name and address of the applicant, his age, the State or Territory in which specimens are proposed to be taken, the purpose for which they are intended, information sufficient to show that specimens permitted to be taken will be devoted to scientific purposes, and the names and addresses of at least two well-known ornithologists, principals or superintendents of educational or zoological institutions, officials or members of zoological or natural history organizations, or instructors in zoology in high schools, colleges, or universities, from whom may be obtained information respecting the applicant's status as a scientific investigator. The applicant must furnish such other information touching his fitness to be entrusted with a permit as may be called for by the Secretary.

A permit may limit the number and species of migratory birds or their nests or eggs that may be taken thereunder, and the places where, time when, and means by which they may be taken, and may authorize the holder thereof, when possessed of an equivalent State permit, to possess, buy, sell, exchange, and transport migratory birds 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 migratory birds and their nests and eggs for scientific purposes, without a permit, but no specimens shall be taken without a permit or purchased from or exchanged with a person not authorized by a permit to sell or exchange them. 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 any migratory bird delivered to him for mounting or like preparation by any person who has lawfully taken or lawfully possesses such bird, and may transport such specimen in consummation of such purpose when likewise authorized by the State in which such permittee is operating. Every such permittee shall keep books and records correctly setting forth the name and address of each person delivering each specimen of migratory bird to him, together with the name of each species, the date of delivery, the disposition of each specimen, and the date thereof, and such books and records shall be available for inspection at all reasonable hours on request of any authorized representative of the Department of Agriculture.

No permit issued by the Secretary authorizes the taking, possession, sale, purchase, exchange, or transportation of any migratory bird unless the permittee has in his possession while exercising any such privilege a valid, subsisting permit of equivalent tenor issued to him by the State in which he proposes to operate. Permits are not transferable and are revocable at any time in the discretion of the Secretary. A permit revoked by the Secretary shall be surrendered to him by the person to whom issued, on demand of any employee of the United States Department of Agriculture 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, the number of birds or nests or eggs of each species taken, bought, sold, received, possessed, mounted, exchanged, or transported during the preceding 12 months, and failure to make such report will be cause for revocation of the permit.

Every package in which migratory birds or their nests or eggs are transported by any means whatever for scientific purposes, from one State, Territory, or the District of Columbia, to, into, or through another State, Territory, or the District of Columbia, or to or from a foreign country shall be plainly and clearly marked or labeled on the outside thereof to show the name and address of consignor and consignee, the contents of the package by number and kind, the number of the permit under authority of which it is transported, and that the specimens contained therein are for scientific purposes. Every package in which migratory birds or their nests or eggs are shipped wholly within a State or Territory, for scientific purposes, shall be plainly and clearly marked or labeled on the outside thereof in the manner above prescribed.

And Whereas upon consideration it appears that approval of the foregoing amendatory regulations will tend to effectuate the purposes of the aforesaid Migratory Bird Treaty Act and result in reducing the annual kill of migratory game birds:

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 12th day of August, in the year of our Lord nineteen hundred and thirty-six, and of the Independence of the United States of America the one hundred and sixty-first.

FRANKLIN D ROOSEVELT

By the President:
WILLIAM PHILLIPS
Acting Secretary of State.