parts and products thereof, included in the aforesaid Convention between the United States and the United Mexican States, which said regulations are as follows:

MIGRATORY BIRD TREATY ACT REGULATIONS ADOPTED BY THE SECRETARY OF THE INTERIOR 1

Under authority and direction of sections 3 and 4 of the Migratory Bird Treaty Act of July 3, 1918 (40 Stat. 755), as amended by the act of June 20, 1936, 49 Stat. 1555, the administration of which said act as amended was transferred to the Secretary of the Interior on July 1, 1939, (Reorganization Plan II, 53 Stat. 1431), I, Harold L. Ickes, 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, and having due regard to the laws of the United Mexican States relating to the exportation and importation of game mammals, and parts and products thereof, included in the terms of the said Convention between the United States and the United Mexican States, and to the laws of the States and Territories and of the District of Columbia from and into which such mammals, parts, and products thereof, may be proposed to be exported or imported, and to the laws of the United States forbidding importation of certain live mammals injurious to the interests of agriculture and horticulture, have determined when, to what extent, and by what means it is compatible with the terms of said conventions and act 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 the exportation and importation of such mammals to and from Mexico, and in accordance with such determination, do hereby adopt the following as suitable regulations permitting and governing the hunting, taking, capture, killing, possession, sale, purchase, shipment,

1 Codified as Title 50, Parts 1 and 2, infra.

exportation,

transportation, carriage, and importation of said migratory birds and parts, nests, and eggs thereof, and the exportation and importation of game mammals and parts and products thereof to and from Mexico:

Regulation 1-Definitions of Migratory Birds and Game Mammals

Migratory birds included in the terms of the conventions between the United States and Great Britain for the protection of migratory birds, and between the United States and United Mexican States for the protection of migratory birds and game mammals, concluded, respectively, August 16, 1916, and February 7, 1936, are as follows:

1. 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, gallinules, and sora and other rails.

(d) Limicolae (charadrii), or shorebirds, including avocets, curlews, dowitchers, godwits, knots, oyster-catchers, phalaropes, plovers, sandpipers, snipe, stilts, surf birds, turnstones, willet, woodcock, and yellowlegs.

(e) Columbidae, or pigeons, including doves and wild pigeons.

2. Insectivorous and other nongame birds. Cuckoos, flickers, and other woodpeckers; nighthawks, or bullbats, chuckwill's-widow, poorwills, and whippoorwills; swifts; hummingbirds; kingbirds, phoebes, and other flycatchers; horned larks; bobolinks, cowbirds, blackbirds, grackles, meadowlarks, and orioles; grosbeaks, finches, sparrows, and buntings; tanagers; martins and other swallows; waxwings; phainopeplas; shrikes; vireos; warblers; pipits; catbirds, mockingbirds, and thrashers; wrens; brown creepers; nuthatches; chickadees and titmice; kinglets and gnatcatchers; robins and other thrushes; all other perching birds which feed entirely or chiefly on insects; and auks, auklets, bitterns, fulmars, gannets, grebes, guillemots, gulls, herons, jaegers, loons, murres, petrels, puffins, shearwaters, and terns.

Game mammals. Game mammals under the terms of the aforesaid convention between the United States and the United Mexican States include:

Antelope, mountain sheep, deer, bears, peccaries, squirrels, rabbits, and hares.

Regulation 2—Definition of Terms

For the purpose of these regulations, the following terms shall be construed, respectively, to mean and to include

Secretary. Secretary of the Interior of the United States.

Director. Director, Fish and Wildlife Service, United States Department of the Interior.

Regional Director. Regional Director, Fish and Wildlife Service, United States Department of the Interior.

Person. Individual, club, association, partnership, or corporation, any one or all, as the context requires.

Take. Hunt, kill, or capture, or attempt to hunt, kill, or capture.

Open season. Time during which migratory game birds may be taken.

Transport. Ship, carry, export, import, and receive or deliver for shipment, conveyance, carriage, exportation, or importation.

Regulation 3-Means by Which Migra

tory Game Birds May Be Taken Migratory game birds on which open seasons are specified in regulation 4 may be taken during such seasons only with bow and arrow or with a shotgun not larger than No. 10 gage, fired from the shoulder, except as permitted by regulations 7, 8, and 9, but they shall not be taken with or by means of any automatic-loading or hand-operated repeating shotgun capable of holding more than three shells, the magazine of which has not been cut off or plugged with a one-piece metal or wooden filler incapable of removal through the loading end thereof, so as to reduce the capacity of said gun to not more than three shells at one time in the magazine and chamber combined. Such birds may be taken during the open seasons from land or water, with aid of a dog, and from a blind, boat or other floating craft not under tow or sail, except sinkbox (battery), motorboat (excluding a boat having a detached outboard motor), and sailboat. Nothing herein shall permit the taking of migratory game birds from or by means, aid or use of an automobile or aircraft of any kind, the taking of waterfowl by means, aid or use of cattle, horses, mules, or live duck or goose decoys, the concentrating, driving, rallying or stirring up of waterfowl and coot by means or aid of any motorboat, sail

boat, or aircraft of any kind, nor exclude the picking up of injured or dead waterfowl by means of a motorboat, sailboat, or other craft.

Waterfowl (except for propagating, scientific or other purposes under permit issued pursuant to regulation 8) and mourning doves and white-winged doves are not permitted to be taken by means, aid or use of shelled, shucked, or unshucked corn, or of wheat or other grain, salt or other feed that has been so deposited, distributed, or scattered as to constitute a lure, attraction, or enticement in the hunting of such birds, except properly shocked corn and standing crops of corn, wheat, or other grain or feed, and except grains found scattered solely as a result of agricultural harvesting.

A person over 16 years of age is not permitted to take migratory waterfowl unless at the time of such taking he has on his person an unexpired Federal migratorybird hunting stamp, validated by his signature written across the face thereof in ink. Persons not over 16 years of age are permitted to take migratory waterfowl without such stamp.

Regulation 4-Open Seasons on and Possession of Certain Migratory Game Birds

Waterfowl (except wood duck in Massachusetts and North Dakota, snow geese in Beaverhead, Gallatin and Madison Counties in Montana, in Idaho, and in States bordering on the Atlantic Ocean; Ross' goose, and swans), coots, rails and gallinules, woodcocks, mourning or turtle doves, white-winged doves, and bandtailed pigeons may be taken each day from one-half hour before sunrise to sunset, except as otherwise provided in this regulation, during the open seasons prescribed herein, and may be taken by the means and in the numbers permitted by regulations 3 and 5 hereof, and when so taken may be possessed in the numbers permitted by regulation 5 during the period constituting the open season where taken and for an additional period of 45 days next succeeding said open season, except as prohibited by State law.

Nothing herein 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), nor 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 grounds, or refuge except insofar as may be permitted by the Secretary of the Interior under existing law, nor on any area adjacent to any such refuge when such area is designated as a closed area under the Migratory Bird Treaty Act.

Waterfowl and coot. The open season on waterfowl (except wood duck in Massachusetts and North Dakota, geese in Alexander County, Illinois, snow geese in Beaverhead, Gallatin, and Madison Counties in Montana, in Idaho, and in States bordering on the Atlantic Ocean; Ross' goose, and swans) and coot, in the several States, Alaska, and Puerto Rico, shall be as follows, both dates inclusive:

Iowa, Maine, Michigan, Minnesota, Montana, New Hampshire, North Dakota, Ohio (except Pymatuning Reservoir and one quarter of a mile distant in any direction from said Reservoir), South Dakota, Vermont, and Wisconsin, September 20 to December 8.

Ohio, on the Pymatuning Reservoir in Ashtabula County and one quarter of a mile distant in any direction from said Reservoir, October 14 to January 1.

California (except in San Bernardino, Riverside, and Imperial Counties), Colorado, Connecticut, Delaware, Idaho, Illinois, Indiana, Kansas, Kentucky, Massachusetts, Missouri, Nebraska, Nevada, New Jersey, New York (except certain hereinafter designated portions of Essex, Clinton, and Washington Counties) including Long Island, Oklahoma, Oregon, Pennsylvania, Rhode Island, Utah, Washington, West Virginia, and Wyoming, October 14 to January 1.

California, in San Bernardino, Riverside, and Imperial Counties, November 2 to January 20.

New York, in Essex and Clinton Counties east of the Delaware and Hudson Railroad tracks and that part of Washington County east of the aforesaid tracks to and including the village of South Bay and all of the waters of South Bay and one mile distant from such water in any direction, September 20 to December 8.

Alabama, Arizona, Arkansas, Florida, Georgia, Louisiana, Maryland, Mississippi, New Mexico, North Carolina, South Carolina, Tennessee, Texas, and Virginia, November 2 to January 20.

12.

Puerto Rico, December 15 to February

Alaska, in Fur Districts 1 and 3 as defined in the regulations governing the taking of game in Alaska adopted May 15, 1944 (9 F.R. 5270), September 21 to December 9; in the remainder of Alaska, September 1 to November 19; Provided, That scoters, locally known as sea coots, may be taken in open coastal waters only, beyond outer harbor lines, in Maine, and New Hampshire from September 15 to September 19, and in Connecticut, Massachusetts, New York including Long Island, and Rhode Island, from September 15 to September 30, and thereafter from land or water during the open seasons for other waterfowl in these States.

Geese, in Alexander County, Illinois, October 14 to December 12 from onehalf hour before sunrise to 12 o'clock noon.

Rails and gallinules (except coot). The open season on rails and gallinules (except coot) shall be from September 1 to November 30, both dates inclusive, except as follows:

California, District of Columbia, Hawaii, Idaho, Iowa, Montana, Nevada, Oregon, Tennessee, and Washington, no open season.

Woodcock. The open seasons on woodcock shall be as follows, both dates inclusive.

New York, north of the tracks of the main line of the New York Central Railroad extending from Buffalo to Albany and north of the tracks of the main line of the Boston & Albany Railroad extending from Albany to the Massachusetts State line, and in Wisconsin, October 1 to October 15.

New York, south of the line above described, and in Indiana, and West Virginia, October 16 to October 30.

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New Jersey, that part of New York known as Long Island, and Rhode Island, November 1 to November 15.

Arkansas, and Oklahoma, December 1 to December 15.

Connecticut, October 26 to November 9.

Delaware, and Maryland, November 15 to November 29.

Louisiana, and Mississippi, December 15 to December 29.

Maine, Minnesota, New Hampshire, Ohio, and Vermont, October 10 to October 24.

Massachusetts, October 20 to Novem

ber 3.

Michigan, in Upper Peninsula, October 1 to October 15; in remainder of State October 15 to October 29.

Missouri, November 10 to November 24. Pennsylvania, October 14 to October 28. Virginia, November 20 to December 4. Mourning or turtle dove. The open seasons on mourning or turtle dove shall be as follows, both dates inclusive:

Alabama, Georgia, and South Carolina, September 16 to October 15 and from December 25 to January 20.

Arizona, Kansas, Kentucky, and Missouri, September 1 to October 25.

Arkansas and Mississippi, September 16 to September 30 and from December 10 to January 20.

California, Colorado, Nevada, New Mexico, and Oklahoma, September 1 to October 12.

Delaware, September 16 to November 9. Florida, in Dade, Monroe, and Broward Counties, October 1 to October 31; in rest of State, November 20 to January 15.

Idaho, September 1 to September 15. Illinois, September 1 to September 30. Louisiana, October 15 to October 30 and December 10 to January 20.

Counties, and all counties north and west thereof, September 1 to October 25; in remainder of State, but not including Cameron, Hidalgo, Starr, Zapata, Webb, Maverick, Dimmit, LaSalle, Jim Hogg, Brooks, Kenedy, and Willacy Counties, October 20 to December 14. In these latter counties September 15, 17, 19, 21 and 24 from 12 o'clock noon until sunset, and thereafter from October 20 to December 9 from one-half hour before sunrise to sunset.

Virginia, September 16 to October 25. White-winged dove. The open seasons on white-winged dove shall be as follows, both dates inclusive:

Arizona, September 1 to September 15. Texas, in Cameron, Hidalgo, Starr, Zapata, Webb, Maverick, Dimmit, LaSalle, Jim Hogg, Brooks, Kenedy, and Willacy Counties, September 15, 17, 19, 21 and 24, from 12 o'clock noon until sunset.

Band-tailed pigeon. The open season on band-tailed pigeon shall be as follows, both dates inclusive:

Arizona, Colorado, in the drainage of the North Fork of the Gunnison River in Gunnison and Delta Counties and in La Plata, Montezuma, Dolores, San Miguel, Montrose, Ouray, San Juan, Archuleta, Huerfano, and Las Animas Counties, New Mexico, and Washington, September 16 to October 15.

California, December 1 to December 30.

Oregon, September 1 to September 30. Regulation 5-Daily Bag and Possession Limits on Certain Migratory Game Birds

A person may take in any one day during the open seasons prescribed therefor in regulation 4 not to exceed the following numbers of migratory game birds, 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 numbers hereinafter specified, except that no person on the opening day of the season may possess any migratory game birds in excess of the daily limits herein prescribed.

Ducks (except the American and redbreasted mergansers). Ten including in such limit not more than 1 wood duck, and in addition five singly or in the aggregate of mallards, pintails, or widgeons. Any person may possess not

more than 20 ducks including not more than one wood duck, and in addition ten singly or in the aggregate of mallards, pintails, or widgeons.

American and redbreasted mergansers. 25 singly or in the aggregate.

Geese and brant (except snow geese in Beaverhead, Gallatin, and Madison Counties in Montana, in Idaho, and in States bordering on the Atlantic Ocean; and Ross' goose). Two including brant but not including blue, snow, or whitefronted geese, and in addition (a) four singly or in the aggregate of snow and whitefronted geese in the Pacific Coast States or (b) four singly or in the aggregate of blue or snow geese elsewhere than in the Pacific Coast States. Any person may possess not more than four geese, including brant, but not including blue, snow, or white-fronted geese and in addition not more than eight singly or in the aggregate of blue, snow, or whitefronted geese where such are permitted to be taken.

Rails and gallinules (except sora and coot). Fifteen in the aggregate of all kinds, and any person may possess not more than fifteen in the aggregate of all kinds.

Coot. Twenty-five, and any person may possess not more than twenty-five.

Sora. Twenty-five, and any person may possess not more than twenty-five.

Woodcock. Four, and any person may possess not more than 8.

Mourning or turtle dove and whitewinged dove. Ten in the aggregate of both kinds, and any person may possess not more than ten mourning doves or more than ten white-winged doves.

Band-tailed pigeon. Ten, and any person may possess not more than ten.

The possession limits hereinbefore prescribed shall apply as well to ducks, geese, brant, rails, including coot and gallinules, woodcock, mourning or turtle doves, white-winged doves, and bandtailed pigeons taken in Canada, Mexico, or other foreign country and brought into the United States, as to those taken in the United States.

Regulation 6-Shipment, Transportation, and Possession of Certain Migratory Game Birds

Migratory game birds of a species on which open seasons are prescribed by regulation 4, legally taken, and parts thereof, may be transported in or out

of Alaska, Puerto Rico, or the State where taken, during the respective open seasons therein. Such birds when legally taken in and exported from Canada or Mexico, and if from Mexico when accompanied by a Mexican export permit, may be transported into the United States during the open seasons where killed.

Not more than the number of such birds permitted by regulation 5 to be taken by one person in one day, except American and redbreasted mergansers, or in two days in the case of woodcock, and ducks (except wood ducks), nor more than four geese, including brant, but not including blue, snow, or whitefronted geese, and in addition not more than eight singly or in the aggregate of blue, snow, or whitefronted geese where such are permitted to be taken, shall be transported by any one person in 1 calendar week out of Alaska, Puerto Rico, or the State where taken or from Canada or Mexico into the United States.

Any such birds or parts thereof in transit during the open season may continue in transit for such additional time immediately succeeding such open season, not to exceed 5 days, necessary to deliver them to their destination, and may be possessed in any State, Alaska, Puerto Rico, or the District of Columbia, during the period constituting the open season where taken, and for an additional 45 days next succeeding said open season. Any package in which such birds or parts thereof are transported shall have the name and address of the shipper and of the consignee and an accurate statement of the numbers and kinds of birds or parts thereof contained therein clearly and conspicuously marked on the outside thereof.

Nothing contained herein shall be construed as permitting transportation of such birds, or parts thereof, from, to, or through any State, Alaska, Puerto Rico, or the District of Columbia, or to or through Canada or Mexico contrary to the laws of the place in which taken or from, to, or through which transported; nor shall any such birds be imported from Canada or Mexico contrary to the laws of the place in which taken or from, to, or through which transported.

Migratory game birds imported from countries other than Canada and Mexico. Migratory game birds of a species on which open seasons are prescribed by