170 



THE GAME BREEDER 



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 

 distribution, 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 hunting, taking, capture, 

 killing, sale, purchase, shipment, transporta- 

 tion, 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 determina- 

 tion's, which regulations shall become- effective 

 when approved by the President." 



And, Whereas, The Secretary of Agricul- 

 ture, pursuant to said section and having due 

 regard to the zones of temperature and to 

 the distribution, abundance, economic value, 

 breeding habits, and times .and lines of migra- 

 tory flight of migratory birds included in the 

 terms of the convention between the United 

 States and Great Britain for the protection 

 of migratory birds concluded August six- 

 teenth, nineteen hundred and sixteen, has de- 

 termined when, to what extent, and by what 

 means it is compatible with the terms of said 

 convention to allow hunting, taking, capture, 

 killing, possession, sale, purchase, shipment, 

 transportation, carriage, and export of such 

 birds and parts thereof, and their nests and 

 eggs, and in accordance with such determina- 

 tions 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, killing, possession, sale, pur- 

 chase, 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 protection of migratory 

 birds, concluded August 16, 1916, are as fol- 

 lows : 



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, gal- 

 linules, and sora and other rails. 



(d) Limicolae, or shorebirds, including 

 avocets, curlew, dowitchers, godwits, knots, 

 oyster catchers, phalaropes, plovers, sand- 

 pipers, snipe, stilts, surf birds, turnstones, 

 willet, woodcock, and yellowlegs. 



'(e) Columbidae, or pigeons, including doves 

 and wild pigeons. 



2. Migratory insectivorous birds — Bobo- 

 links, catbirds, chickadees, cuckoos, nickers, 

 flycatchers, grosbeaks,, hummingbirds, kinglets, 

 martins,- meadowlarks, nighthawks or bull- 

 bats, nuthatches, orioles, robins, shrikes,, 

 swallows, swifts, tanagers, titmice, thrushes, 

 vireos, warblers, waxwings, whip-poor-wills, 

 woodpeckers, 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, puffins, shearwaters, and terns. 



Regulation 2 — Definitions of Terms. 



For the purposes of these regulations the 

 following terms shall be construed, respect- 

 ively, to mean — 



Secretary — The Secretary of Agriculture of 

 the United States. 



Person — The plural or the singular, as the 

 case demands, including individuals, associa- 

 tions, partnerships, and corporations, 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. delivering for ship- 

 ment, transportation, carriage, or export. 

 Regulation 3 — Means by Which Migratory 

 Game Birds May Be Taken. 



The migratory game birds specified in Reg- 

 ulation 4 hereof may be taken during the open 

 season with a gun only, not larger than num- 

 ber ten 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 A — Open Seasons . on and Pos- 

 session 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 jack- 

 snipe, and mourning and white-winged doves, 

 may be taken each day from half an hour 

 before sunrise to sunset during the dpen 

 seasons prescribed therefor in this regulation, 

 by the means and in the numbers permitted 

 by Regulations 3 and 5 hereof, respectively, 

 and when so taken, each species may be 

 possessed any day during the respective open 

 seasons herein prescribed therefor and for an 



