PROCLAMATION 2848 AMENDMENTS OF REGULATIONS RELATING TO MIGRATORY BIRDS AND GAME MAMMALS

WHEREAS the Secretary of the Interior has adopted, after notice and public procedure pursuant to section 4 of the Administrative Procedure Act of June 11, 1946 (60 Stat. 238), and has submitted to me for approval the following amendments of the regulations relating to migratory birds and game mammals included in the terms of the Convention between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916, and the Convention between the United States and the United Mexican States for the protection of migratory birds and certain game mammals concluded February 7, 1936:

AMENDMENTS OF MIGRATORY BIRD TREATY ACT REGULATIONS ADOPTED BY THE SECRETARY OF THE INTERIOR

By virtue of and pursuant to the Migratory Bird Treaty Act of July 3, 1918 (40 Stat. 755), and Reorganization Plan II (53 Stat. 1431), and in accordance with the provisions of the Administrative Procedure Act of June 11, 1946 (60 Stat. 238), I, J. A. Krug, Secretary of the Interior, 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 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, and the Convention between the United States and the United Mexican States for the protection of migratory birds and game mammals, concluded February 7, 1936, have determined when, to what extent, and by what means it is compatible with the terms of the said Act and conventions to allow the hunting, taking, capture, killing, possession, sale, purchase, shipment, transportation, carriage, exportation, and importation of such birds and parts thereof and their nests and eggs, and in accordance with such determinations, do hereby amend as follows the regulations approved by Proclamation No. 2801 of July 29, 1948, as last amended by Proclamation No. 2822 of November 5, 1948, and do hereby adopt the following as

suitable regulations, permitting and governing the hunting, taking, capture, killing, possession, sale, purchase, shipment, transportation, carriage, exportation, and importation of such migratory birds and parts, nests, and eggs thereof:

1. Section 6.4 is amended to read as follows:

§ 6.4 Open seasons, bag limits, and possession of certain migratory game birds. During the open seasons prescribed and except as hereinafter provided in this section, ducks, geese, brant, and coot may be taken daily from onehalf hour before sunrise to one hour before sunset, and rails, gallinules, woodcock, mourning or turtle doves, whitewinged doves, and band-tailed pigeons from one-half hour before sunrise to sunset. The hour for the commencement of hunting of waterfowl and coot on the first day of the season, including each first day of the split seasons, shall be 12 o'clock noon.

A person may take in any one day during the open seasons prescribed therefor not to exceed the numbers of migratory game birds herein permitted, which numbers shall include all birds taken by any other person who for hire accompanies or assists him in taking such birds. When so taken, such birds may be possessed in the number specified in this section, except that no person on the opening day of the season may possess any migratory game birds in excess of the applicable daily limits.

Nothing in this section shall be deemed to permit the taking of migratory birds on any reservation or sanctuary established under the Migratory Bird Conservation Act of February 18, 1929 (45 Stat. 1222), or on any area of the United States set aside under any other law, proclamation, or Executive order for use as a bird, game, or other wildlife reservation, breeding ground, or refuge except so far as may be permitted by the Secretary of the Interior under existing law, or on any area designated as a closed area under the Migratory Bird Treaty Act.

The open seasons (dates inclusive) on the following migratory game birds only, the daily bag and possession limits, and the exceptions to the hours of hunting heretofore stated, shall be as shown in the following schedules:

1 No open season on wood duck in Massachusetts and West Virginia. In other States, bag or possession limit may include 1 wood duck only. Daily bag for American and red-breasted mergansers 25 singly or in the aggregate of both kinds; no possession limit after the opening day of the season.

22 Canada geese or its subspecies, or 2 white-fronted geese, and in addition 3 blue geese a day or in possession.

Not more than 15 in the aggregate of rails (other than sora) and gallinules.

No open season in District of Columbia but migratory game birds may be possessed
therein in accordance with § 6.6 (c).

Florida: Rails (including sora) and gallinules, daily bag and possession limit 15.
singly or in aggregate of all kinds.

6 Florida: Mourning doves in Dade, Monroe, and Broward Counties, Oct. 1 to Oct. 30.

7 Shooting hours for mourning doves in States indicated-12 o'clock noon until sunset.

Scoters and eider ducks may be taken in all areas in Connecticut, Maine, Massa-
chusetts, New Hampshire, New York, and Rhode Island during the applicable seasons
for other ducks. Such birds otherwise may be taken in open coastal waters only.
beyond outer harbor lines, in Connecticut, Maine, Massachusetts, New Hampshire,
New York, and Rhode Island from Sept. 17 to Dec. 17. In these States only, the daily
bag limit is 7 scoters or eider ducks singly or in the aggregate, and not exceeding 14 in
possession singly or in the aggregate.

New York: North and east of the tracks of the branch line of the New York Central
R. R. from Oswego to Syracuse, the main line of the New York Central R. R. from
Syracuse to Albany, and the main line of the Boston & Albany R. R. from Albany to
the Massachusetts State line, Oct. 10 to Nov. 1; west and south of the line above de-
cribed (except Long Island), Oct. 21 to Nov. 12; that part of New York known as Long
Island, Oct. 24 to Nov. 15; from 9 a. m. until 5 p. m. on the opening day in each of these
zones; and thereafter in all of the aforesaid zones from 7 a. m. until 5 p. m.

10 When rails and gallinules are permitted to be taken during the waterfowl season, they may not be hunted after 1 hour before sunset.

1 Bag or possession limit may include 1 wood duck only. Daily bag for American and
red-breasted mergansers 25 singly or in the aggregate of both kinds; no possession limit
after the opening day of the season

* Including in such limit not more than 2 Canada geese or its subspecies or not more
than 2 white-fronted geese, or not more than 1 of each of these species.

Not more than 15 in the aggregate of rails (other than sora) and gallinules.
Shooting hours for mourning doves in States indicated-12 o'clock noon until

No open season for geese in that part of Alexander County, Illinois, established as closed area by Proclamation 2748 of Oct. 1, 1947 (12 F. R. 6521).

6 When rails and gallinules are permitted to be taken during the waterfowl season, they may not be hunted after 1 hour before sunset.

7 Woodcock: Michigan, Upper Peninsula, Oct. 1 to Oct. 20; Lower Peninsula, Oct. 15 to Nov. 5.