60 QUAILOLOGY - DIGEST OF GAME LAWS. 



In some States, as in California, the Board of Fish and Game 

 Commissioners is authorized to issue permits for shipping birds 

 for propagating purposes, and a few States, such as Michigan 

 and New Jersey, make exceptions in their game laws in the 

 case of birds captured for breeding purposes; but when a State 

 forbids the exportation of birds without exception, interstate 

 commerce in birds from that State is in violation of the Lacey 

 Act, whether the birds are captured during the open season or 

 whether they are intended for propagation or not." 



T. S. Palmer's Decision. 



In response to an inquiry made of Mr. T. S. Palmer, Ass't In 

 Charge Game Preservation. Biological Survey, Washington, D. 

 C, we quote his reply. 



"1. In general the law does not permit the sale of quail out 

 of season, whether raised in captivity or not unless, as in the 

 case of some State laws, there is a special proviso to this effect. 



2. The law prohibits the shipment of such quail unless there 

 is special provision for the shipment of birds for propagation. 



3. Quail cannot be lawfully trapped or netted for purposes 

 of propagation if the law does not provide for their capture for 

 such purposes. 



4. In the absence of a specific provision for propagation the 

 general law relating to possession or capture of game applies 

 to quail in captivity as well as to wild birds. " 



From the proceeding paragraphs it will be plainly seen that 

 those in charge of game preservation are heartily in accord 

 with the fanciers in making provisions for the propagation, if 

 not domestication, of our game animals and birds. However, it 

 rests with the fanciers in their own State to urge regulations 

 in the exceptions to laws in the case of game birds for propa- 

 gating purposes. While it is true in a sense that the quail after 

 being domesticated become individual property, never-the-less 

 a number are violating the letter of the law, yet not the intent 

 thereof, as the law makes game birds the property of the State, 



