The Regulations promulgated by the Secretary Ust the migratory birds included in the terms of the 

 conventions,'** prescribe hunting methods" and open seasons,'^ set conditions and restrictions for 

 transportation and importation,' ' and place restrictions applicable to possession.'" The schedules for 

 seasons and limits designate the areas open to hunting, often broken down by counties within the States, 

 the respective open seasons, the shooting hours, and the daily bag and possession limits. 



Responsibility for administration of the Migratory Bird Treaty has been delegated to the Director of 

 the Bureau of Sport Fisheries and Wildlife, who works in coordination with the States, Canada, and 

 Mexico to manage and enforce the Treaty. 



With respect to migratory waterfowl, data gathering and surveys are conducted by roughly 50-55 field 

 personnel of the Bureau, wdth the help of perhaps 40 States' employees. About 200 Federal and State 

 employees are involved in banding of migratory birds, another measure in the management of the birds. 

 Finally, enforcement is accomplished by 150-160 Federal wardens under the Bureau, strongly assisted 

 by approximately 4,500 State wardens, many of whom have been deputized as Federal wardens. 



Annually the Bureau meets with two types of advisory groups and with the Congress, to present the 

 results of their research and to make staff recommendations for regulations for the coming year. In early 

 August, the Bureau meets with the Flyway Councils, which are comprised of official State government 

 representatives, and with Waterfowl Advisory Committees, which represent a broad segment of the 

 pubhc interest (conservation groups, etc.) plus representatives from the Flyway CouncDs. Reconmienda- 

 tions are made by both advisory groups to the Director of the Bureau. Thereafter, in a practice instituted 

 in recent years, the Congress will hold hearings on the recommendations, and the reconmiendations of 

 Congress will also be joined to those previous. Finally, recommendations for regulations are made to the 

 Secretary of the Interior, and, if accepted, are pubUshed in the Federal Register. 



At present the Federal program costs approximately $3,500,000 annually, including data gathering 

 and surveys, data analysis and research, banding, and enforcement. Indications are that the Canadians 

 will assume the responsibility for conducting surveys and gathering data in the next few years. 



b. Federal Jurisdiction, State Participation Migratory Bird Conservation Act, Act of February 18, 

 1929, 45 Stat. 1222, 16 U.S.C. 715a-715s, 50 C.F.R. 25-34. This Act creates and authorizes the 

 Migratory Bird Conservation Commission, consisting of the Secretary of the Interior, the Secretary of 

 Commerce, the Secretary of Agriculture, two Members of the Senate, and two Members of the House of 

 Representatives, to consider and pass upon any area of land, water, or land and water recommended for 

 purchase or rental for the conservation of migratory birds.' ^ The ranking officer of the State 

 goverimient unit administering its game laws, or the Governor if there is no such unit, shall be a member 

 ex officio of the Commission for the purpose of considering and voting on all questions relating to the 

 acquisition of areas in his State under this Act.' ' No deed or instrument of conveyance can be accepted 

 under the Act unless the State in which the area lies has consented by law to the acquisition by the 

 United States of lands in that State.' * Acquisition and administration of migratory bird reservations by 

 the United States does not affect or change the State's jurisdiction, both civil and criminal, over persons 

 in the reservations, except as concerns punishment of offenses against the United States.' ^ Nor does the 



'°50 C.F.R. 10.1. 

 '^50 C.F.R. 10.3. 



'^50 C.F.R. 10.6-10.8. 

 '"so C.F.R. 10.9-10.14. 

 "so C.F.R. 10.41-10.54. 



"16 U.S.C. 715a. 

 '*16U.S.C. 715f. 

 '^16 U.S.C. 715g. 



VII-81 



