Proclamation 2730—Amendment of Regulation Relating to Migratory Birds and Game Mammals

Whereas the Under Secretary of the Interior has submitted to me for approval the following regulations adopted by him, after notice and public procedure pursuant to section 4 of the Administrative Procedure Act (5 U.S.C. Supp. 1003), on March 26, 1947, under authority of the Migratory Bird Treaty Act of July 3, 1918 (40 Stat. 755, 16 U.S.C. 704), Reorganization Plan No. II (53 Stat. 1431), and act of August 14, 1946 (Public Law 732, 79th Cong.):

AMENDMENT OF REGULATION RELATING TO MIGRATORY BIRDS AND GAME MAMMALS

By virtue of and pursuant to the authority contained in section 3 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), I, Oscar L. Chapman, Under 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 flight of the migratory birds included in the terms of the conventions between the United States and Great Britain for the protection of migratory birds, concluded August 16, 1916, and between the United States and the United Mexican States for the protection of migratory birds and game mammals, concluded February 7, 1936, have determined that development of future wildlife refuge areas and the protection of wildlife thereon may be accomplished in accordance with approved plans by individuals who have conveyed such lands to the United States for refuge purposes subject to a possessory estate and in accordance with such determinations do hereby amend the regulations approved by Proclamation No. 2616, July 27, 1944, as last amended by Proclamation No. 2699, of August 8, 1946, by the adoption of an amendment in Part 1 of Subchapter A of Chapter I of Title 50 of the Code of Federal Regulations, effective 30 days after publication in the Federal Register, as follows:

1.71 Wildlife Development Areas. With respect to any lands which have been or may hereafter be acquired by the United States for future use as a migratory bird sanctuary or other wildlife refuge, subject to an outstanding possessory estate, the owner of such outstanding estate may, in accordance with a program for the development of the area and the limitation of shooting during such development period, approved by the Secretary of the Interior, take such measures as are calculated to maintain and increase the waterfowl population of the area in question, and engage in the shooting of migratory birds within the limitations set forth in the approved program.

1.72 Revocation of Program Approval. Approval of any such program may be revoked by the Secretary of the Interior upon a finding that the terms of such program have been violated by the proponents thereof. Following such revocation, all rights and privileges derived from the existence of an approved area development program shall cease.

1.73 Notice and Hearing. Prior to any Secretarial determination that the terms of an approved area development program have been, or are being, violated by the proponent thereof a notice shall be sent to said proponent specifying the character, time and locality of the alleged violation and designating a representative of the Secretary with whom the proponent of the program may discuss any controverted issue of fact or interpretation in an effort to reach an amicable agreement or understanding. Thereupon, the said proponent shall cease and desist from the commission of acts specified in such notice for a period of 60 days, or if the case be finally determined during such 60-day period then only until such final determination. If, within 30 days after such notice has been received, no such agreement or understanding is reached then the Secretary may, after allowing such further opportunity for hearing as he deems proper, make and promulgate a final order revoking approval of the development area program. Thereupon, the provisions of section 1.3 of Part 1, Subchapter A, Chapter I, Title 50 of the Code of Federal Regulations shall be fully applicable to the area in question.

In Witness Whereof, I have hereunto subscribed my name and caused the seal of the Department of the Interior to be affixed this 28th day of March, 1947.

OSCAR L. CHAPMAN,

Under Secretary of the Interior.

And Whereas upon consideration it appears that the foregoing regulation will tend to effectuate the purposes of the aforesaid Migratory Bird Treaty Act of July 3, 1918;

Now, Therefore, I, Harry S. Truman, President of the United States of America, under and by virtue of the authority vested in me by the aforesaid Migratory Bird Treaty Act of July 3, 1918, do hereby approve and proclaim the foregoing regulation of the Under 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 1st day of May, in the year of our Lord nineteen hundred and forty-seven, and of the Independence of the United States of America the one hundred and seventy-first.

HARRY S. TRUMAN

By the President:

G. C. MARSHALL,

Secretary of State.