Proclamation 2818—Modification of Closed Area Under the Migratory Bird Treaty Act: Oregon

Whereas the Acting Secretary of the Interior has submitted to me for approval the following regulation adopted by him under authority of the migratory Bird Treaty Act of July 3, 1918 (40 Stat. 755, 16 U.S.C. 704), and Reorganization Plan No. II (53 Stat. 1431):

AMENDMENT OF REGULATION DESIGNATING AS CLOSED AREA CERTAIN LANDS AND WATERS WITHIN, ADJACENT TO, OR IN THE VICINITY OF THE MALHEUR NATIONAL WILDLIFE REFUGE, OREGON

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, William E. Warne, 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 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, do hereby designate as a closed area, effective October 29, 1948, in or on which pursuing, hunting, taking, capture, or killing of migratory birds, or attempting to take, capture, or kill migratory birds is not permitted, all areas of land and water in Harney County, Oregon, within the record meander lines of Malheur and Harney Lakes and the streams and waters connecting said lakes, as shown on the official plats of the following-listed townships:

WILLAMETTE MERIDIAN

Plat approved

T. 26 S., R. 29 E Mar. 24, 1980

T. 27 S., R. 29 E. Dec. 26, 1892

T. 27 S., R. 29 ½ E Nov. 2, 1904

T. 26 S., R. 30 E. (North of Malheur Lake) May 19, 1913

T. 26 S., R. 30 E. (South of Malheur Lake) Dec. 21, 1896

T. 27 S., R. 30 E. Dec. 21, 1896

T. 26 S., R. 31 E. (North of Malheur Lake) Dec. 21, 1896

T. 26 S., R. 31 E. (South of Malheur Lake) Dec. 21, 1896

T. 25 S., R. 32 E. Dec. 21, 1896

T. 26 S., R. 32 E. (North of Malheur Lake) Dec. 21, 1896

T. 26 S., R. 32 E. (South of Malheur Lake) Dec. 21, 1896

T. 27 R., R. 32 E. Dec. 21, 1896

T. 25 S., R. 32 ½ E. Dec. 21, 1896

T. 25 S., R. 33 E. Dec. 21, 1896

T. 26 S., R. 33 E. Dec. 21, 1896

But excepting therefrom that area of land and water within the record meander line of Malheur Lake, bounded and described as follows:

Beginning at corner No. 1, in the record meander line (known as the Neal survey line) of T. 26 S., R. 32 E. (north of Malheur Lake), in the south boundary of fractional sec. 3, at the corner common to lots ten (10) and eleven (11) of said fractional section;

Thence within Malheur Lake, south approximately 107.60 chs., to a fence;

Thence with six courses along a fence,

S. 86°30' W., 30.35 chs.,

N. 59K15' W., 44.60 chs.,

S. 47°25' W., 65.50 chs.,

S. 28°20' E., 34.00 chs.,

S. 56°25' W., 35.00 chs.,

S. 64°40' W., approximately 5.00 chs.;

Thence: S. 79°05' W., leaving fence, approximately 102.00 chs., to a fence

Thence with three courses along a fence,

S. 16°00' E., approximately 28.00 chs.,

N. 88°20' W., 1.90 chs.,

S. 0°50' E., 49.00 chs., to the record meander line (known as the Neal survey line) of T. 26 S., R. 31 E. (south of Malheur Lake), in the north boundary of fractional sec. 30, at the corner common to lots fourteen (14) and fifteen (15) of said fractional section 30;

Thence: Westerly and southwesterly with the aforesaid record meander line (known as the Neal survey line), in part the north boundary of T. 26 S., R. 31 E. (south of Malheur Lake), fractional sec. 30, and in part the north boundary of T. 26 S., R. 30 E. (south of Malheur Lake), fractional secs. 25 and 26, in part along the south side of Malheur Lake and in part along the southeast side of the Narrows connecting Malheur and Mud Lakes, approximately 164.00 chs., to the corner in said record meander line of T. 26 S., R. 30 E. (south of Malheur Lake), in the northwest boundary of fractional sec. 26, common to lots five (5) and seven (7);

Thence: Approximately S. 78°15' W. crossing said Narrows 8.50 chs., to the record meander corner common to fractional secs. 26 and 35, on the northwest side of the said Narrows;

Thence: Northerly and northeasterly with said record meander line, in part along the northwest side of the said Narrows and in part along the west and north sides of Malheur Lake, in part along south and east boundaries of T. 26 S., R. 31 E. (north of Malheur Lake), fractional secs. 26, 23, 24, 14 and 13, and in part along the south and east boundaries of T. 26 S., R. 32 E. (north of Malheur Lake), fractional secs. 18, 17, 8, 9, 4, 3 and 10, approximately 1,080.00 chs., to the place of BEGINNING.

Upon the effective date hereof, this regulation shall supersede the regulation dated September 17, 1941, designating as a closed area certain lands and waters in Harney County, Oregon, approved by the President of the United States of America by Proclamation No. 2516 of October 1, 1941.

Because this amendment partially removes the restrictions set forth in said regulation proclaimed October 1, 1941 and imposes no new obligation upon the general public with respect to the area described herein, it is found that it is unnecessary to issue said amended regulation subject to the general notice provision and the effective date limitation of sections 4(a) and 4(c), respectively, of the Administrative Procedure Act.

In Witness Whereof, I have hereunto subscribed my name and caused the seal of the Department of the Interior to be affixed this 5th day of October 1948.

WILLIAM E. WARNE,

Acting Secretary of the Interior.

And Whereas upon consideration it appears that the foregoing regulation will tend to effectuate the purposes of the aforesaid migratory Bird Treaty Act of July 3, 1913:

Now, Therefore, I, Harry S. Truman, President of the United States of America, under and by virtue of the authority vested in me by the aforesaid Migratory Bird Treaty Act of July 3, 1918, do hereby approve and proclaim the foregoing amendment of regulation.

This proclamation supersedes proclamation No. 2516 of October 1, 1941, approving and proclaiming the regulation adopted by the Secretary of the Interior on September 17, 1941, designating as closed area certain lands and waters in Harney County, Oregon.

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 20th day of October in the year of our Lord nineteen hundred and forty-eight, and of the Independence of the United States of America the one hundred and seventy-third.

HARRY S. TRUMAN

By the President:

ROBERT A. LOVETT,

Acting Secretary of State.