Others which the Presidents of the United States of America 

 and the United Mexican States may determine by common agreement." 



Following ratification of this later Convention the list of 

 protected birds underwent a major revision with the addition of many 

 species that were thus brought under Federal administration. The lan- 

 guage of the first part of Article IV of the Mexican Convention should 

 be carefully noted since it clearly indicates that any species (or one 

 of its subspecies) that is a member of one of the named Families and 

 that is found in both Mexico and the United States, is under the pro- 

 tection of the Migratory Bird Treaty Act, The question as to whether 

 it is migratory in fact is immaterial , This view was upheld in a Fed- 

 eral Court decision rendered at Brunswick, Georgia on March 14, 1949 

 in the cases of several hunters who were accused of hunting Clapper 

 Rails by a method that is prohibited under the Federal Regulations. 



OTHER FEDERAL LAWS PROTECTING OTHER BIRDS 



In 1924 Congress passed "An Act to establish an Alaska Game 

 Commission" (approved January 13, 1925) o This law provides wildlife 

 protection in the Territory of Alaska in a manner similar to that pro- 

 vided by the Laws of the several States. Both game and nongame birds 

 are defined, the former including those named in the Migratory Bird 

 Treaty Act and in addition, the several species of grouse and ptarmigan, 

 while the nongame species includes "All wild birds except game birds, " 



Section 9 of this Act authorizes and directs the Secretary of 

 the Interior to adopt regulations that will govern the taking of "game 

 animals, fur animals, game birds, nongame birds, and nests and eggs of 

 birds, and game fishes" in Alaska. Under the regulations currently in 

 force no protection is accorded crows, hawks, owls, eagles, ravens, 

 magpies, and cormorants, and their nests and eggs. 



The birds of prey, although (with very few exceptions) well 

 deserving the protection of the Federal Government, are not mentioned 

 in either of the two action conventions currently in effect. As a 

 result, the Bald Eagle, adopted in 1782 by the Continental Congress as 

 our national symbol, has been subjected to unwarranted persecution and 

 charges of predation upon livestock and other human interests. To accord 

 this bird its proper status, Congress passed the Protection of the Bald 

 Eagle Act which was approved on June 8, 1940. This Act specifically 

 excepts the Bald Eagles in Alaska from protection. 



