The Audubon Societies 



225 



THE LEGAL KILLING OF ROBINS 



Considerable discussion has recently arisen 

 regarding the action of the Federal Govern- 

 ment in issuing permits to kill Robins during 

 the spring months when they are engaged in 

 caring for their young. 



From the time the first cherry tree came 

 into bearing in this country, America's Robin 

 has been actively demonstrating his desire to 

 mix this luscious fruit with his diet of worms. 

 For the nineteen years during which the 

 writer's activities have had to do with the 

 work of the Audubon Society there has not 

 been one season diuring which numerous com- 

 plaints, either in the form of letters or news- 

 paper clippings, have failed to reach the 

 Audubon Society office. 



As is well known to all bird students, there 

 is a human tendency to magnify any damage 

 that a bird may inflict on the crops, and mini- 

 mize, or overlook, the good which it does the 

 crops during the greater period of the year. 

 In Article VII of the Treaty between the 

 United States and Great Britain, dealing 

 with migratory birds in the United States and 

 Canada, the following provision is made: 



"Permits to kill any of the above-named 

 birds which, under extraordinary conditions, 

 may become seriously injurious to the agri- 

 cultural or other interests in any particular 

 community, may be issued by the proper 

 authorities of the High Contracting Powers 

 under suitable regulations prescribed there- 

 for by them respectively, but such permits 

 shall lapse, or may be canceled, at any time 

 when, in the opinion of said authorities, the 

 particular exigency has passed, and no birds 

 killed under this article shall be shipped, sold 

 or offered for sale." 



The officials of the Biological Survey of the 

 Department of Agriculture, in whose hands 

 lie the details of the execution of the Treaty, 

 became impressed with the extent of the com- 

 plaints received regarding the destructiveness 

 of Robins to small fruits. After investiga- 

 tion, the Bureau communicated with state 

 bird and game protective officials in a number 

 of states and asked whether these state offi- 

 cers would countersign permits to kill Robins 

 doing damage to fruit within the boundaries 

 of their commonwealths. Six states thus ap- 

 proached agreed to do this, while eleven 



others refused. Permits to kill Robins have, 

 therefore, been issued in the states of New 

 Hampshire, New York, Indiana, Wisconsin, 

 Minnesota, and Oregon. 



Mr. John M. Phillips, of Pittsburgh, long 

 an active and influential member of the Penn- 

 sylvania Board of Game Commissioners, has 

 sent to this office a communication setting 

 forth the reasons why the Pennsylvania Game 

 Commission declines to countersign these 

 Government permits to kill Robins in that 

 state. His letter follows: 



"Dear Mr. Pearson: I am inclosing a copy 

 of the license issued by the U. S. Department 

 of Agriculture, good when countersigned by 

 the Game Official of the State for which is- 

 sued, authorizing the killing of Robins when 

 destroying small fruits. 



"At the last meeting of our Game Com- 

 mission, we decided not to countersign any 

 of these permits : 



"ist. Because our laws prohibit the killing 

 of song and insectivorous birds. 



"2d. Our laws allow game to be killed only 

 between sunrise and sunset — this permi't 

 would allow Robins to be killed for at least 

 fifteen hours each day during June, while 

 migratory wild waterfowl can be killed for 

 only ten hours each day during the fall and 

 winter. 



"3d. These permits would be issued by the 

 Government to unnaturalized foreign-born 

 residents, who are prohibited by our Penn- 

 sylvania law from possessing firearms. 



"4th. Any game-bird or animal killed as 

 vermin while committing depredations, in 

 accordance with our laws, must be turned 

 over to the Game Commission to be given as 

 food to hospital patients. 



"You will note that the permit allows Rob- 

 ins to be used as food and even held in cold 

 storage for ten days after the 'Robin season' 

 is over. This would be an incentive to the 

 killers. 



"The niain reason our people and the Game 

 Commission object to these licenses is that 

 they permit the killing of the Robin from 

 May 16 to July 15 inclusive, during the 

 nesting season of the birds, allowing the 

 young to starve in their nests. Nearly any 

 man killing birds to protect his fruit would 

 also kill catbirds, woodpeckers and other 

 birds, which feed on it during the short time 

 it is ripe. 



"You are likely aware that these permits 

 are being issued in New York and some of the 

 other states. We are all aware that the 

 Robins have increased since the Migratory 



