10 Yearbook of the Department of Agriculture. 



must be deducted from the Federal open season that portion 

 of a State closed season which is included in it. 



The right of a State to circumscribe the privileges per- 

 mitted by the Federal regulations extends also to daily bag 

 limits, possession, transportation, and export of birds. Per- 

 sons committing acts permitted by the Federal regulations 

 but prohibited by State laws are amenable, however, to the 

 State, and are not subject to prosecution by the Federal 

 Government. 



INTERSTATE AND INTERNATIONAL TRAFFIC IN BIRDS. 



That portion of the United States Penal Code known as 

 /the Lacey Act, which prohibits the illegal interstate ship- 

 ment by common carrier of dead bodies of wild birds, has 

 also been superseded by the treaty act, which prohibits the 

 carriage or shipment of both dead and live birds (migratory 

 as well as nonmigratory) out of a State by any means what- 

 ever contrary to the laws of the State in w r hich the birds 

 were killed, or from which they were carried or shipped. 



The provision of the Lacey Act relating to the interstate 

 shipment of wild animals and parts thereof and the penalty 

 for knowingly receiving illegal shipments still remain in 

 force. 



REGULATIONS UNDER THE TREATY ACT. 



The first regulations under the migratory-bird treaty act 

 were adopted by the Secretary of Agriculture, after careful 

 consideration of recommendations and suggestions, and be-, 

 came effective on the approval of the President, July 31, 

 1918. Amendments were adopted effective October 25, 1918. 



The regulations are prepared by the Secretary of Agricul- 

 ture, with the assistance of the Bureau of Biological Survey 

 and an advisory board of 21 members representing all sec- 

 tions of the country, a majority being State game commis- 

 sioners or their representatives and the remainder well- 

 known sportsmen and conservationists of wide experience. 

 The members of the board possess no administrative or ex- 

 ecutive powers, but their thorough knowledge of conditions 

 and requirements enables them to offer valuable suggestions 

 in connection with the preparation of the regulations. Reg- 

 ulations thus prepared are calculated not only to give ade- 



