10 BUREAU OF BIOLOGICAL SURVEY [S. R. A. 
MIGRATORY BIRD TREATY ACT 3 
[Act of July 3, 191S. 40 Stat. 755 — Sees. 703-711, Title 16, TJ. S. Code] 
Ad Act To give effe<:t to the convention between the United States and Great Britain for 
the protection of migratory birds concluded at Washington, August 16, 1916, and for 
other purposes. 
Be it enacted hy the Senate and House of Representatitves of tlie United 
States of America in Cangress assemhlcd, That this act shall be kno^n 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, kill, attempt to take, 
capture or kill, possess, offer for sale, sell, offer 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 between 
the United Stales and Great Britain for the protection of migratory birds con- 
cluded August 16, 1916, 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 migra- 
tory 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, 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 
approved 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 
was captured, killed, or taken, or from which it was shipi^ed, 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 whicli it v.as 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 examination 
or trial before an officer or court of competent jurisdiction ; shall have ixiwer 
to execute any warrant or other process issued by an officer or court of com- 
petent 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 proi^er 
oath or affirmation showing probable cause, issue warrants in all such cases. 
All birds, or parts, nests, or eggs thereof, captured, killed, taken, shipi)ed, 
transported, carried, or possessed contrary to the provisions of this act or of 
any regulations made pursuant thereto, shall, when found, be seized by any 
such employee, or by any marshal or deputy marshal, and, upon conviction of 
the offender or upon judgment of a court of the United States that the same 
were captured, killed, taken, shi[)p<?d, transporte<l. carried, or possessed con- 
trary to the provisions of this act or of any regulation made pursuant thereto, 
3 Constitutionality of the treaty and act of July 3, 1918. sust.-vined by tho United States 
Supreme Court in a decision rendered Apr. 19, 1920, in the case of tho State of Missouri 
r. Ray P. IloUnnd (252 V. S. 410) : S(>o also T'. S. v. Lunn^kin (276 Fed. 580). Canada, 
by an act of Parliamont approvc>d .Vug. 20. 1917. gave full effect to the treaty and pro- 
mulgated regulations thereunder May 11, 1918. The validity of the act of the Dominion 
Parliament was upheld by the Supreme Court of Prince Kdward Island in a de-Msion 
(Michaelmas term, 1920) rendered In the case of the King v. Russell C. Clark. For full 
text of the Canadian migratory-bird treaty act and regulations, conrraunicate with the 
Commissioner, National I'arks of Canadn, Ottawa. Ontario. 
