40 



THE GAME BREEDER 



Migratory Bird Treaty, Act, and Regu- 

 lations. We also inclose copy of a cir- 

 cular explaining in detail the provisions 

 of regulation 8 of the Migratory Bird 

 Treaty Act Regulations governing the 

 possession and traffic in migratory 

 waterfowl for propagating and commer- 

 cial purposes, etc. 



In this connection we may add that 

 we have recommended an amendment of 

 the regulations which, if adopted, will 

 permit migratory waterfowl raised in 

 domestication to be killed by shooting 

 during the respective open seasons for 

 hunting migratory waterfowl but it will 

 be sometime before final action has been 

 taken on this recommendation. The 

 present regulations, of course, will re- 

 main in full force and effect until 

 amended. 



Very truly yours, 



W. C. Henderson, 

 Acting Chief of Bureau. 



Inclosure 8406. 



An Illegal Regulation. 



Since the regulation prohibiting the 

 shooting of game by game preservers is 

 in violation of section 12 of the Migra- 

 tory Bird Law it cannot be executed and 

 was void the moment it was made. 

 There is the best legal authority for this 

 statement and we are glad to learn that 

 the Survey "has recommended an 

 amendment of the regulations which, if 

 adopted, will permit migratory water- 

 fowl raised in domestication to be killed 

 by shooting during the respective open 

 seasons for hunting migratory water- 

 fowl." It is amusing to read: "But it 

 will be sometime before final action has 

 been taken on this recommendation.'' 



The concluding sentence in the letter 

 that "the present regulations, of course, 

 will remain in full force and effect until 

 amended," is not important since a reg- 

 ulation in violation of law is void as we 

 have observed and cannot remain in full 

 force on that account. We should think 

 th2 Survey would speed up the repeal if 

 it takes any interest in food production. 



We are a little curious to know to 

 whom the amendment was "recom- 

 mended." As we understand the matter 



the regulation under discussion was 

 made in an office in the Woolworth 

 Building in New York, a very small co- 

 terie of criminal lawmakers being pres- 

 ent (three to be exact). If any one 

 should be arrested for shooting his ducks 

 possibly the court may inquire how reg- 

 ulations in violation of law are made. 

 Our committee for the defense of food 

 producers always is mobilized. 



A Suggestion. 



We would respectfully suggest that 

 any reputable game breeder should be 

 permitted to shoot and sell, if he wishes 

 to sell, the number of birds reared on his 

 ranch. Most breeders are reputable and 

 are willing to shoot and sell only the 

 number of birds produced. It should not 

 be difficult to regulate any breeder sus- 

 pected of exceeding the bag limit sug- 

 gested, and if necessary to put him out 

 of business. It is a poor plan to prohibit 

 the innocent food producer for fear that 

 a guilty man may escape. Because some 

 chickens are stolen we do not prohibit 

 the poultry industry. 



Mr. Pratt is fortunate in having an 

 able fish culturist, Mr. Jno. W. Titcomb, 

 who at one time was employed by the U. 

 S. Bureau of Fisheries, and who later 

 was the Game and Fish Commissioner of 

 Vermont. The U. S. Bureau of Fish- 

 eries believes in and encourages the pro- 

 duction of fish for food and for sport 

 in private waters and gives fish as well 

 as advice to those who wish to produce 

 the desirable foods. It is only recently 

 that the New York laws have been 

 amended so as to permit the sale of trout 

 by the producers. No good reason can 

 be assigned why any one who produces 

 any kind of fish for food should not sell 

 them in the markets. For a long time 

 even the excellent trout was kept out of 

 the markets and all inducements to pro- 

 duce trout were strangled by fish laws 

 quite similar to those which have nearly 

 resulted in the extermination of our 

 quail, grouse, wood duck, woodcock and 

 some other species which should be 

 abundant and cheap foods during long 

 open seasons. 



