MIGRATORY BIRD TREATY ACT.' 



[Approved July 3, 1918. 40 Stat., 755.] 



AN ACT To give effect to the convention between the United States and Great Britain for 

 the protection of migratory birds concluded at Washington, August sixteenth, nineteen 

 hundred and sixteen, and for other purposes. 



Be it enacted ly the Senate and Souse of Representatives of the United 

 States of America in Congress assembled, That this Act shall be known by the 

 short title of the " Migratory Bird Treaty Act." 



Sec. 2. That unless and except as permitted by regulations made as herein- 

 after provided, It shall be unlawful to hunt, take, capture, kiU, attempt to take, 

 capture or kill, possess, ofCer for sale, sell, ofEer to purchase, purchase, deliver 

 for shipment, ship, cause to be shipped, deliver for transportation, transport, 

 cause to be transported, carry or cause to be carried by any means whatever, 

 receive for shipment, transportation or carriage, or export, at any time or in 

 any manner, any migratory bird, included in the terms of the convention be- 

 tween the United States and Great Britain for the protection of migratory 

 birds concluded August sixteenth, nineteen hundred and sixteen, or any part, 

 nest, or egg of any such bird. 



Sec. 3. That subject to the provisions and In order to carry out the purposes 

 of the convention, the Secretary of Agriculture is authorized and directed, from 

 time to time, having due regard to the zones of temperature and to the distri- 

 bution, abundance, economic value, breeding habits, and times and lines of 

 migratory flight of such birds, to determine when, to what extent, if at all, and 

 by what means, it is compatible with the terms of the convention to allow hunt- 

 ing, taking, capture, killing, possession, sale, purchase, shipment, transportation, 

 carriage, or export of any such bird, or any part, nest, or egg thereof, and to 

 adopt suitable regulations permitting and governing the same, in accordance 

 with such determinations, which regulations shall become effective when ap- 

 proved by the President. 



Sec. 4. That it shall be unlawful to ship, transport, or carry, by any means 

 whatever, from one State, Territory, or District to or through another State, 

 Territory, or District, or to or through a foreign country, any bird, or any part, 

 nest, or egg thereof, captured, killed, taken, shipped, transported, or carried 

 at any time contrary to the laws of the State, Territory, or District in which 

 it wai captured, killed, or taken, or from which it was shipped, transported, 

 or carried. It shall be unlawful to import any bird, or any part, nest, or egg 

 thereof, captured, killed, taken, shipped, transported, or carried contrary to 

 the laws of any Province of the Dominion of Canada in which the same was 

 captured, killed, or taken, or from which it was shipped, transported, or carried. 



Sec. 5. That any employee of the Department of Agriculture authorized by 

 the Secretary of Agriculture to enforce the provisions of this Act shall have 

 power, without warrant, to arrest any person committing a violation of this 

 Act in his presence or view and to take such person immediately for examina- 

 tion or trial before an oflicer or court of competent jurisdiction ; shall have 

 power to execute any warrant or other process issued by an officer or court 

 of competent jurisdiction for the enforcement of the provisions of this Act ; and 

 shall have authority, with a search warrant, to search any place. The several 

 judges of the courts established under the laws of the United States, and 

 United States commissioners may, within their respective jurisdictions, upon 

 proper oath or affirmation showing probable cause, issue warrants in all such 



•Constitutionality of act sustained by Supreme Court la decision rendered April 19, 

 1920, In case of State of Missouri v. Bay P. Holland. 



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