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3 CFR, 1943–1948 Comp.

thus: 3 CFR, 1943–1948 Comp., p. 2

CHAPTER 1-PROCLAMATIONS PROCLAMATIONS—1943

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PROCLAMATION 2588 [LAW OBSERVANCE IN STATE OF MICHIGAN]

WHEREAS, the Governor of the State of Michigan has represented that domestic violence exists in said State which the authorities of said State are unable to suppress; and

WHEREAS, it is provided in the Constitution of the United States that the United States shall protect each State in this Union, on application of the Legislature, or of the Executive, when the Legislature cannot be convened, against domestic violence; and

WHEREAS, by the law of the United States in pursuance of the above, it is provided that in all cases of insurrection in any State or of obstruction of the laws thereof, it shall be lawful for the President of the United States, on application of the Legislature of such State, or of the Executive, when the Legislature cannot be convened, to call forth the militia of any other State or States and to employ such part of the land and naval forces of the United States as shall be judged necessary for the purpose of suppressing such insurrection and causing the laws to be duly executed; and

WHEREAS, the Legislature of the State of Michigan is not now in session and cannot be convened in time to meet the present emergency, and the Executive of said State under Section IV of Article IV of the Constitution of the United States, and the laws passed in pursuance thereof, has made due application to me in the premises for such part of the military forces of the United States as may be necessary and adequate to protect the State of Michigan and the citizens thereof against domestic violence and to enforce the due execution of the laws; and

WHEREAS, it is required that whenever it may be necessary, in the judgment of the President, to use the military forces of the United States for the purposes aforesaid, he shall forthwith, by proclamation, command such insurgents to disperse and retire peacefully to their respective homes within a limited time;

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, do hereby make proclamation and I do hereby command all persons engaged in said unlawful and insurrectionary proceedings to disperse and retire peacefully to their respective abodes immediately, and hereafter abandon said combinations and submit themselves to the laws and constituted authorities of said State;

And I invoke the aid and cooperation of all good citizens thereof to uphold the laws and preserve the public peace.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States of America to be affixed.

DONE at the City of Washington this twenty-first day of June, in the year of

our Lord, nineteen hundred and [SEAL) forty-three, and of the Inde

pendence of the United States of America the one hundred and sixtyseventh.

FRANKLIN D ROOSEVELT By the President: CORDELL HULL, Secretary of State.

PROCLAMATION 2589 AMENDMENTS OF REGULATIONS RELATING TO

MIGRATORY BIRDS WHEREAS the Acting Secretary of the Interior, under authority of and in compliance with section 3 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 act was transferred to the Secretary of the Interior on July 1, 1939, by Reorganization Plan No. II' (53 Stat. 1431), has adopted and submitted to me the following amendments, which he has determined to be suitable amendments of certain of the regulations approved by Proclamation No. 2345 of August 11, 1939,1 as last amended by Proclamation No. 2562 of July 14, 1942, permitting and governing the hunting, taking, capture, killing, possession, sale, purchase, ship

13 CFR Cum. Supp.

ment, transportation, carriage, exportation, and importation of migratory birds and parts, nests, and eggs thereof, 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: AMENDMENTS OF MIGRATORY BIRD TREATY ACT

REGULATIONS ADOPTED BY THE SECRETARY OF THE INTERIOR 2

Under authority and direction of section 3 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 act was transferred to the Secretary of the Interior on July 1, 1939, by Reorganization Plan No. II (53 Stat. 1431), I, Oscar L. Chapman, Acting 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 ilight 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 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, in accordance with such determinations, do hereby amend, as specified, the regulations approved by Proclamation No. 2345 of August 11, 1939, as last amended by Proclamation No. 2562 of July 14, 1942, and as so amended do hereby adopt such regulations 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:

Regulation 4, "Open Seasons on and Possession of Certain Migratory Game Birds,” is amended to read as follows: Regulation 4.-Open Seasons on and

Possession of Certain Migratory Game Birds

Waterfowl (except snow geese in Beaverhead, Gallatin, and Madison Counties in Montana, in Idaho, and in States bordering on the Atlantic Ocean; Ross' geese, 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 in Alexander County, Illinois, geese may be taken only from sunrise to 12:00 o'clock noon, and in Texas white-winged doves may be taken only from noon to sunset, during the open seasons prescribed therefor in this regulation, and they may be taken by the means and in the numbers permitted by regulations 3 and 5 of these regulations, respectively, and when so taken may be possessed in the numbers permitted by regulation 5 any day in any State, Alaska, Puerto Rico, or in the District of Columbia during the period constituting the open season where taken and for an additional period of 45 days next succeeding said open season, but no such bird shall be possessed in any State, Alaska, Puerto Rico, or the District of Columbia at a time when such State, Alaska, Puerto Rico, or District prohibits the possession thereof. 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 ground, 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 seasons on waterfowl (except 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' geese, and swans), and coot, in the

* Codified in Title 50, Parts 1 and 2, infra.

several States, Alaska, and Puerto Rico, shall be as follows, both dates inclusive:

In Iowa, Maine, Michigan, Minnesota, Montana, New Hampshire, North Dakota, Ohio, Pennsylvania, South Dakota, Vermont, Wisconsin, and Wyoming, September 25 to December 3.

In California (except on the Colorado River and within ten miles of its western bank), Colorado, Connecticut, 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, Rhode Island, Utah, Washington, and West Virginia, October 15 to December 23.

On the Colorado River in California and within ten miles of its western bank, November 2 to January 10.

In those portions of Essex and Clinton Counties, New York, east of the Delaware and Hudson Railroad tracks and that part of Washington County east of the aforesaid tracks to and including the town of South Bay and all of the waters of South Bay and one mile distant from such waters in any direction, September 25 to December 3.

In Alabama, Arizona, Arkansas, Delaware, Florida, Georgia, Louisiana, Maryland, Mississippi, New Mexico, North Carolina, Suoth Carolina, Tennessee, Texas, and Virginia, November 2 to January 10.

In Puerto Rico, December 15, to February 12.

In Fur Districts 1 and 3 in Alaska, as defined in the regulations governing the taking of game in Alaska adopted July 13, 1943 (8 FR. 9841), September 21 to November 29; and in the remainder of Alaska, September 1 to November 9: 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 30; and in Connecticut, Massachusetts, New York including Long Island, and Rhode Island, from September 15 to October 15, and thereafter from land or water during the open seasons for other waterfowl in these States.

Geese, in Alexander County, Illinois, October 15 to December 13.

Rails and gallinules (except coot).The open season on rails and gallinules

(except coot) shail be from September I to November 30, both dates inclusive, except as follows:

Alabama, November 20 to January 31.

Louisiana, September 15 to December 15.

Maine, and Wisconsin, September 25 to December 3.

Mary and, September 1 to October 31.

Massachusetts, and New York, including Long Island, October 15 to December 23.

Minnesota, September 16 to November 30.

Puerto Rico, December 15 to February 12.

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:

That part of New York lying 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 Pennsylvania, and Wisconsin, October 1 to October 15.

That part of New York lying south of the line above described and in Indiana and West Virginia, October 15 to October 29.

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

Arkansas, and Oklahoma, December 1 to December 15.

Connecticut, October 16 to October 30.

Delaware, and Maryland, November 15 to November 29.

Louisiana, and Mississippi, December 15 to December 29.

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

Massachusetts, October 20 to November 3.

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

Minnesota, October 3 to October 17, Missouri, November 10 to November 24.

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