Proclamation 2439—Closed Area Under the Migratory Bird Treaty Act, Washington

By the President of the United States of America
A Proclamation

Whereas the Acting Secretary of the Interior has submitted to me for approval the following regulation adopted by him on October 22, 1940, under authority of the Migratory Bird Treaty Act of July 3, 1918 (40 Stat. 755, 16 U.S.C. 704), and Reorganization Plan No. II (53 Stat. 1431):

REGULATION DESIGNATING AS CLOSED AREA UNDER THE MIGRATORY BIRD TREATY ACT CERTAIN LANDS AND WATERS ADJACENT TO AND IN THE VICINITY OF THE WILLAPA NATIONAL WILDLIFE REFUGE, WASHINGTON

I, E.K. Burlew, Acting Secretary of the Interior, after consideration of the exigencies of the migratory waterfowl and other 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, resident upon and resorting to the Willapa National Wildlife Refuge, in Pacific County, Washington, which was established as the Willapa Harbor Migratory Bird Refuge by Executive Order No. 7541, of January 22, 1937, and enlarged by Executive Order No. 7721, of October 8, 1937, and the designation of which was changed to Willapa National Wildlife Refuge by Proclamation No. 2416, of July 25, 1940, have determined that to allow the hunting, taking, capturing, or killing of migratory waterfowl or other migratory .birds, or the attempt to hunt, take, capture, or kill such waterfowl or other birds, or the taking of their nests or eggs in or on any lands or waters in Willapa Bay within the boundary hereinafter described, which said lands and waters at the date hereof are adjacent to or in the vicinity of, but not incorporated in, the said Willapa National Wildlife Refuge, would defeat the protection sought to be extended to such migratory waterfowl and other migratory birds by the establishment of said refuge and, therefore, would be incompatible with the terms of said Convention:

Wherefore, by virtue of the authority vested in me by the Migratory Bird Treaty Act of July 3, 1918 (40 Stat. 755), and Reorganization Plan No. II (53 Stat. 1431), and in extension of Regulation 4 of the Migratory Bird Treaty Act Regulations, the aforesaid lands and waters in Willapa Bay lying within the following-described boundary are designated as a closed area, and the hunting, taking, capturing, or killing of migratory waterfowl or other migratory birds, or the attempt to hunt, take, capture, or kill such waterfowl or other birds, or the taking of their nests or eggs therein or thereon, is not permitted:

WILLAMETTE MERIDIAN

Beginning at the meander comer between, sections 5 and 8, T. 10 N., R. 10 W., on the east bank and near the mouth of Bear River, at Willapa Bay;

Thence west approximately 20 chains to the west side of Bear River Channel;

Thence in Willapa Bay with the west side of said channel,

Northerly to a point which bears S. 35° W., 25 chains (approximately) from the southernmost extremity of High Point on Long Island;

Thence continuing with Bear River Channel,

Westerly to a point on the east side of Tarlett Slough Channel, at its point of confluence with the said Bear River Channel;

Thence crossing Tarlett Slough Channel,

Westerly to a point on the west side of said channel, a comer in the southwesterly boundary of the Long Island Oyster Reserve;

Thence continuing in Willapa Bay, with the west, north, and east boundaries of the said Long Island Oyster Reserve.

N. 22°42'51" W., 107.775 chains;

N. 87°07'15" W., 13.318 chains;

N. 2°44'10" E., 45.125 chains;

N. 66°27'05" E., 43.126 chains;

N. 32°18'31" W., 52.81 chains;

N. 10°31'44'' W., 72.773 chains;

N. 32°12'20'' W., 56.344 chains;

N. 15°10'14'' W., 51.602 chains;

S. 84°26'05'' E., 37.668 chains;

N. 0°56'50" W., 184.14 chains;

N. 28°51'36" E., 47.888 chains;

S. 84°23'35" E., 130.19 chains;

S. 80°35'53" E., .35.341 chains;

S. 7°48'14" E., 154.995 chains;

S. 3°'44'01" E., 124.408 chains to a corner of the said Long Island Oyster Reserve on the east side of Stanley Channel, which corner bears S. 7° E., 18 chains (approximately) from the meander corner between section 32, T. 12 N., R. 10 W., and section 5, T. 11 N., R. 10 W.;

Thence crossing Stanley Channel near the mouth of Nasal River,

Southerly 83 chains (approximately) to a corner in the boundary of the Long Island Oyster Reserve on the east side of Long Island Slough, which corner bears S. 72° W., 38 chains (approximately) from the meander corner between sections 8 and 9, T. 11 N., R. 10 W.;

Thence in Long Island Slough, with the boundary of said Long Island Oyster Reserve,

S. 3°08'43" E., 36.468 chains;

S; 13°17'57" E., 175.699 chains to a comer of the Long Island Oyster Reserve;

Thence S. 13°17'57" E., to an intersection with the north boundary of sec 21, T. 11 N., R. 10 W., on the shore of Long Island Slough;

Thence with the westerly boundary of sections 21, 20, 29, and 32 of T. 11 N., R. 10 W., and section 5, T. 10 N., R. 10 W., along the east shore of Long Island Slough and Willapa Bay to the place of beginning;

excepting therefrom such of the lands comprised in the island known as Long Island as are not reserved, set apart, and designated as the Willapa National Wildlife Refuge by the aforesaid Executive orders.

All lands and waters constituting the Willapa National Wildlife Refuge are closed by virtue of the aforesaid orders, and by the acts of Congress thereunto appertaining, to entry for any purpose except in accordance with regulations of the Secretary of the Interior. All hunting either of migratory or nonmigratory birds or of wildlife of any kind on said lands and waters is forbidden by law.

And Whereas upon consideration it appears that the foregoing regulation will tend to effectuate the purposes of the aforesaid Migratory Bird Treaty Act:

Now, Therefore, I, Franklin D. Roosevelt, President of the United States of America, under and by virtue of the authority vested in me by the aforesaid Migratory Bird Treaty Act, do hereby approve and proclaim the foregoing regulation of the Acting Secretary of the Interior.

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 7th day of November in the year of our Lord nineteen hundred and forty, and of the Independence of the United States of America the one hundred and sixty-fifth.

FRANKLIN D ROOSEVELT

By the President:
CORDELL HULL
Secretary of State.