BIOLOGICAL SURVEY. 251 



FEDERAL MIGRATORY-BIRD LAW. 



Pursuant to the provisions of the act of March 4, 1913, authorizing 

 and directing the department to adopt suitable regulations prescrib- 

 ing and fixing closed seasons for migratory birds (37 Stat., 828, 

 847), regulations were prepared and promulgated October 1, 1913, 

 and amended October 1, 1914. During the year the bureau has re- 

 ceived a large number of petitions, requests, suggestions, and protests 

 touching various regulations, chiefly urging longer open seasons and 

 spring shooting. All have been given careful consideration, and 

 many were embodied in proposed new regulations made public May 

 20, 1916. The law provides that a period of three months from that 

 date shall be allowed in which these regulations may be examined 

 and considered before new 7 regulations may be finally adopted and 

 submitted to the President for approval. 



For administrative purposes the United States is divided into 13 

 districts now under the supervision of 16 inspectors. During the 

 year the number of inspectors was reduced from 17 to 16, the com- 

 missions of 42 Federal wardens were terminated, and 43 new war- 

 dens were appointed, the present warden force numbering 195. 



During the first year the regulations were in operation 17, and 

 during the second year 12, cases were tried in district courts of Ore- 

 gon, California, South Dakota, Nebraska, Kansas, Minnesota, Iowa. 

 Michigan, Arkansas, and Louisiana, and all but 5 resulted in convic- 

 tions and impositions of penalties. Fines w r ere paid in 18 and sus- 

 pended in 6 cases. In 4 cases demurrers and in 1 case motion in arrest 

 of judgment were sustained. Twenty-five cases are now* pending 

 in district courts in various parts of the country, and 33 additional 

 cases are ready to be submitted to the Department of Justice. In 

 addition, 564 reports of violations have been forwarded to the bu- 

 reau, but transmission of these to the Department of Justice is with- 

 held pending decision of the United States Supreme Court in the 

 case of United States against Harvey C. Shauver, involving the con- 

 stitutionality of the law. 



That the violations reported by no means approximate the number 

 that have occurred is to be expected and is due to the impossibility in 

 many cases under the law of securing evidence sufficient to convict. 

 It is obvious that to patrol the shooting sections of the United States 

 properly with 16 district inspectors is an impossibility, and the 

 nominal salary paid Federal wardens justifies them in spending only 

 a small portion of their time in the enforcement of the law. Posses- 

 sion of wild fowl during the closed season is not a violation under 

 the Federal act, and there must be evidence of actual shooting or 

 capture on which to base a prosecution. Furthermore, inspectors and 

 w y ardens appointed under authority of the law have no pow T er of 

 arrest, and hence many violators escape. 



As the activities of the inspectors have been confined mainly to 

 "trouble zones," large sections have necessarily been left without 

 supervision, but in such instances State authorities, cooperating with 

 Federal wardens, have rendered efficient assistance. With a few 

 notable exceptions, State legislatures have made progress in line with 

 the Federal law and regulations. 



Notwithstanding the difficulties attending enforcement, the law is 

 very generally observed, and communications received from game 



72412°— agr 1916 17 



