68 First Annual Keport of the 



Inquiry 



by the Honorable Consul-General of Norway as to the meaning of 

 section 96b of the State Game Law, which provides that the un- 

 packed carcasses of certain game birds therein specified may be 

 imported into the United States, provided certain conditions 

 therein named are observed, and claiming that this section may 

 discriminate against the game birds of Norway, between which 

 nation and the United States there exists a treaty containing what 

 is known as the favored nation clause, which provides that no dis- 

 crimination as to imports and exports of the United States and 

 Norway shall be made in favor of articles of a like nature from 

 other countries. 



Opinion 

 " The provisions of section 96b of the State Game Law, so far as 

 involved in this inquiry, are as follows: 



" i The unplueked carcasses of pheasants of all species, Scotch 

 grouse, European black game, European black plover, European 

 red legged partridges and Egyptian quail may be imported into 

 this State from without the United States and sold therein from 

 September 1st to March 1st, both inclusive, provided that imme- 

 diately upon their importation and before they shall have been 

 sold by the importer there shall be affixed tags or seals," etc. 



" The names used in the above section to specify different kinds 

 of game birds are not geographical, but scientific. The provision 

 is a part of the Game Law of the State, enacted pursuant to its 

 police powers, now clearly recognized by our courts, and has for 

 its purpose the protection of game birds native to the State of 

 New York or belonging to families, specimens of which have been 

 or are found or may exist within the State. 



" The term ' Scotch grouse ' is used to designate a particular 

 species of bird, known scientifically as lagopus scoticus, found in 

 all of the British Isles, and is commonly called simply " grouse," 

 sometimes ' red grouse,' or ( moor fowl.' It is not used to des- 

 ignate grouse from Scotland. This species is found quite as 

 abundantly in England, Scotland, Ireland, the Hebrides and the 

 Orkneys. If found in Norway or any other country it would be 

 admitted into this State under the above section. 



