The Audubon Societies 



389 



And, Whereas, The Secretary of 

 Agriculture, pursuant to said section and 

 having due regard to the zones of tempera- 

 ture and to the distribution, abundance, 

 economic value, breeding habits, and times 

 and lines of migratory flight of migratory 

 birds included in the terms of the conven- 

 tion between the United States and Great 

 Britain for the protection of migratory 

 birds concluded August sixteenth, nine- 

 teen hundred and sixteen, has determined 

 when, to what extent, and by what means 

 it is compatible with the terms of said con- 

 vention to allow hunting, taking, capture, 

 killing, possession, sale, purchase, ship- 

 ment, transportation, carriage, and export 

 of such birds and parts thereof and their 

 nests and eggs, and in accordance with such 

 determinations has adopted and submitted 

 to me for approval regulations, which the 

 Secretary of Agriculture has determined to 

 be suitable regulations, permitting and 

 governing hunting, taking, capture, kill- 

 ing, possession, sale, purchase, shipment, 

 transportation, carriage, and export of 

 said birds and parts thereof and their nests 

 and eggs, which said regulations are as 

 follows: 



REGULATIONS, MIGRATORY BIRD 

 TREATY ACT 



Regulation 1. — Definitions of Migratory 

 Birds 



Migratory birds, included in the terms 

 of the convention between the United 

 States and Great Britain for the protec- 

 tion of migratory birds, concluded August 

 16, 1916, are as follows: 



1. Migratory game birds: 



(a) Anatidae, or waterfowl, including 

 brant, wild ducks, geese, and swans. 



(b) Gruidae, or cranes, including little 

 brown, sandhill, and whooping cranes. 



(c) Rallidae, or rails, including coots, 

 gallinules, and sora and other rails. 



(d) Limicolae, or shorebirds, including 

 avocets, curlews, dowitchers, godwits, 

 knots, oyster catchers, phalaropes, plovers, 

 sandpipers, snipe, stilts, surf birds, turn- 

 stones, willet, woodcock, and yellowlegs. 



(e) Columbidae, or pigeons, including 

 doves and wild pigeons. 



2. Migratory insectivorous birds: Bobo- 

 links, catbirds, chickadees, cuckoos, 

 flickers, flycatchers, grosbeaks, humming- 

 birds, tinglets, martins, meadowlarks, 



nighthawks or bull-bats, nuthatches, 

 orioles, robins, shrikes, swallows, swifts, 

 tanagers, titmice, thrushes, vireos, 

 warblers, waxwings, whip-poor-wills, wood- 

 peckers, and wrens, and all other perch- 

 ing birds which feed entirely or chiefly 

 on insects. 



3. Other migratory nongame birds: Auks, 

 auklets, bitterns, fulmars, gannets, grebes, 

 guillemots, gulls, herons, jaegers, loons, 

 murres, petrels, pufhns, shearwaters, and 

 terns. 



Regulation 2. — Definitions of Terms 



For the purposes of these regulations 

 the following terms shall be construed 

 respectively, to mean — 



Secretary. — The Secretary of Agriculture 

 of the United States. 



Person. — The plural or the singular, as 

 the case demands, including individuals, 

 associations, partnerships, and corpora- 

 tions, unless the context otherwise requires. 



Take. — The pursuit, hunting, capture, 

 or killing of migratory birds in the manner 

 and by the means specifically permitted. 



Open season. — The time during which 

 migratory birds may be taken. 



Transport. — Shipping, transporting, 

 carrying, exporting, receiving or deliver- 

 ing for shipment, transportation, carriage, 

 or export. 



Regulation 3. — Means by which Migra- 

 tory Game Birds May be Taken 



The migratory game birds specified in 

 Regulation 4 hereof may be taken dur- 

 ing the open season with a gun only, not 

 larger than number 10 gauge, fired 

 from the shoulder, except as specifically 

 permitted by Regulations 7, 8, 9, and 

 10 hereof; they may be taken during the 

 open season from the land and water, 

 from a blind or floating device (other than 

 an airplane, powerboat, sailboat, or any 

 boat under sail), with the aid of a dog, 

 and the use of decoys. 



Regulation 4. — Open Seasons on and 

 Possession of Certain Migratory 

 Game Birds. 



For the purpose of this regulation, each 

 period of time herein prescribed as 

 an open season shall be construed to include 

 the first and last days thereof. 



Waterfowl (except wood duck, eider 

 ducks, and swans), rails, coot, gallinules, 

 black-bellied and golden plovers, greater 

 and lesser yellowlegs, woodcock, Wilson 

 snipe or jacksnipe, and mourning and 

 white-winged doves may be taken each 

 day from half an hour before sunrise to 



