Proclamation 2739—Amendments of Regulations Relating to Migratory Birds and Game Mammals

By the President of the United States of America

A Proclamation

Whereas the Acting Secretary of the Interior has adopted, after notice and public procedure pursuant to section 4 of the Administrative Procedure Act of June 11, 1946 (*Pub Law No. 404-79th Cong.), and has submitted to me for approval the following amendments of the regulations approved by Proclamation No. 2616 of July 27, 1944, as amended, 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 (Pub. Law No. 40479th Cong.), 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 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. 2616 of July 27, 1944, as last amended by Proclamation No. 2699 of August 8, 1946, 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 3, "Means by Which Migratory Game Birds May Be Taken" is amended to read as follows:

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; provided, that 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 meals, aid, or use of cattle, horses, mules, or live duck or goose decoys, the concentrating, driving, rallying, or stirring up of waterfowl and coots by means or aid of any motor driven land, water or air conveyance or sailboat; provided further, that nothing herein shall 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), mourning doves and white-winged doves are not permitted to be taken, directly or indirectly, 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 for such birds a lure, attraction, or enticement to, on, or over the area where hunters are attempting to take them; provided, however, such birds may be taken over properly chocked corn and standing crops of corn, wheat, or other grain or feed, and 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 migratory-bird 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", is amended to read as follows:

Waterfowl (except wood ducks in Arizona, Colorado, Kansas, Massachusetts, Nebraska, Nevada, New Jersey, North Dakota, Utah, West Virginia and Wyoming; snow geese in Beaverhead, Gallatin and Madison Counties in Montana, in Colorado, Idaho and Wyoming and snow geese and brant in States bordering on the Atlantic Ocean; Ross' geese; and swans), coots, rails, and gallinules may be taken each day from sunrise to one hour before sunset, except that 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, and woodcocks, mourning or turtle doves, white-winged doves, and band-tailed pigeons 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 90 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), 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 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 and coot (except wood ducks in Arizona, Colorado, Kansas, Massachusetts, Nebraska, Nevada, New Jersey, North Dakota, Utah, West Virginia and Wyoming; snow geese in Beaverhead, Gallatin, and Madison Counties in Montana, in Colorado, Idaho and Wyoming, and snow geese and brant in States bordering on the Atlantic Ocean; Ross' geese; and swans) in the several States, Alaska, and Puerto Rico shall be as follows, both dates inclusive:

Alabama, Arkansas, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia, December 8 to January 6.

Arizona, New Mexico, and Oklahoma, October 7 to October 20 and December 23 to January 5.

California and Oregon, October 21 to November 3 and December 23 to January 5.

Colorado, Idaho, and Wyoming, October 7 to October 20 and December 2 to December 15.

Connecticut, Indiana, Louisiana, Massachusetts, and New Jersey, November 18 to December 17.

Delaware and New York, including Long Island, October 21 to November 1 and December 2 to December 13.

Illinois, Missouri, and West Virginia, November 4 to December 3.

Iowa, Ohio, Pennsylvania, Vermont, and Wisconsin, October 21 to November 19.

Kansas, November 4 to December 8.

Maine and New Hampshire, October 7 to October 18 and December 2 to December 13.

Maryland, November 4 to November 15 and December 23 to January 3.

Michigan and Minnesota, October 7 to November 5.

Montana, Nebraska, Nevada, and Utah, October 21 to November 24.

North Dakota and South Dakota, October 7 to November 10.

Rhode Island, December 2 to December 31.

Texas, November 4 to November 17 and December 16 to December 29.

Washington, October 21 to November 3 and December 16 to December 29.

Puerto Rico, December 15 to February 12.

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), October 1 to November 4; in the remainder of Alaska, September 1 to October 5.

Provided, That scoters, locally known as sea coots, may be taken in all areas during the applicable seasons for other ducks in Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, and New York, and otherwise may be taken in open coastal waters only, beyond outer harbor lines, in Maine from October 6 to December 16, in New York from September 16 to December 13, in New Hampshire from September 1 to October 6, in Connecticut and Massachusetts from September 16 to November 17 and in Rhode Island from September 16 to December 1.

Coot, in Lake and McHenry Counties, Illinois, October 1 to October 12 from 7 a.m. to 4 p.m. and thereafter during the seasons and hours provided for ducks.

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:

Alabama, November 20 to January 31.

Illinois, in Lake and McHenry Counties, October 1 to October 12 from 7 a.m. to 4 p.m.; and thereafter during the seasons and hours provided for ducks.

Maine, October 7 to October 18 and December 2 to December 13.

Maryland, September 1 to September 30.

Massachusetts, November 18 to December 17.

Minnesota, September 16 to November 30.

Mississippi, October 15 to December 30.

New York, including Long Island, October 21 to November 1 and December 2 to December 13.

Wisconsin, October 21 to November 19.

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:

Arkansas and Oklahoma, December 1 to December 15.

Connecticut, October 28 to November 10.

Delaware and Maryland, November 15 to November 29.

Georgia, Louisiana, and Mississippi, December 23 to January 6.

Indiana and West Virginia, October 16 to October 30.

Maine, in Aroostook, Penobscot, Piscataquis, Somerset, Franklin, and Oxford Counties, October 1 to October 15; in remainder of State, October 16 to October 30.

Massachusetts, November 3 to November 17.

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

Minnesota, October 11 to October 25.

Missouri, November 10 to November 24.

New Hampshire, in Coos, Carroll, and Grafton Counties, October 1 to October 15; in remainder of State, October 16 to October 30.

New Jersey, October 20 to November 3.

New York, north and east of the tracks of the branch line of the New York Central Railroad from Oswego to Syracuse, the main line of the New York Central Railroad from Syracuse to Albany, and the main line of the Boston & Albany Railroad from Albany to the Massachusetts State line, October 10 to October 24; west and south of the line above described, October 20 to November 3; and that part of New York known as Long Island, November 1 to November 15; from 12 o'clock noon until sunset on the opening day in each of these zones, and thereafter in all of the aforesaid zones from 7:00 a.m. until sunset.

Ohio, Pennsylvania, and Wisconsin, October 10 to October 24.

Rhode Island, November 1 to November 15.

Vermont, in Bennington and Windham Counties and those portions of Rutland and Windsor Counties south of U.S. Highway Route 4 from West Haven to White River Junction, October 16 to October 30; in remainder of State, October 1 to October 15.

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:

Arizona, Kansas, Kentucky and Missouri, September 1 to October 30.

Alabama, November 27 to January 25.

Arkansas and Delaware, September 16 to November 14.

California, in Imperial County, October 1 to October 31; in remainder of State, September 1 to September 30.

New Mexico, September 1 to October 12.

Florida, in Broward, Dade, and Monroe Counties, October 1 to October 31; in remainder of State, November 20 to January 18.

Georgia, December 3 to January 31.

Idaho and Oregon, September 1 to September 15.

Illinois and Oklahoma, September 1 to September 30.

Louisiana, December 1 to January 29.

Maryland, September 1 to October 15.

Mississippi, October 16 to October 31 and January 1 to January 31.

Nebraska, September 10 to September 24.

North Carolina, September 16 to September 30, and January 1 to January 31.

Pennsylvania, October 10 to October 24.

South Carolina, September 16 to October 9, and December 22 to January 13.

Tennessee, September 1 to October 30 from 12 o'clock noon to sunset.

Texas, in Val Verde, Kinney, Uvalde, Medina, Kendall, Comal, Hays, Travis, Williamson, Milam, Robertson, Leon, Houston, Cherokee, Nacogdoches, and Shelby Counties, and all counties north and west thereof, September 1 to October 15; in remainder of State (but not including Cameron, Hidalgo, Starr, Zapata, Webb, Maverick, Dimmit, La Salle, Jim Hogg, Brooks, Kenedy, and Willacy Counties), October 20 to December 3; in these latter counties, September 12, 14, and 16, from 4 p.m. until sunset, and thereafter, October 20 to November 30, from one-half hour before sunrise to sunset.

Virginia, September 16 to October 31.

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, Kinney, Dimmit, LaSalle, Jim Hogg, Brooks, Kenedy, Willacy, Val Verde, Terrell, Brewster, Presidio, Jeff Davis, Culberson, Hudspeth, and El Paso Counties, September 12, 14, and 16, from 4 p.m. until sunset.

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

Arizona and New Mexico, September 16 to October 15.

California, December 1 to December 31.

Oregon and Washington, September 1 to September 30.

Regulation 5, "Daily Bag and Possession Limits on Certain Migratory Game Birds", is amended to read as follows:

A person may take in any one day during the open seasons prescribed therefore 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 number 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 red-breasted mergansers). Four, including in such limit not more than 1 wood duck, and any person may possess not more than 8 ducks including in such limit not more than 1 wood duck.

American and red-breasted mergansers. Twenty-five singly or in the aggregate. No possession limit.

Scoters (sea coots). Seven, and any person may possess not more than 14.

Geese and brant (except snow geese in Beaverhead, Gallatin, and Madison Counties in Montana, in Colorado, Idaho, and Wyoming, and snow geese and brant in States bordering on the Atlantic Ocean; and Ross' geese anywhere), as follows:

In Washington, Oregon, and California 5, including in such limit any combination not exceeding 2 of Canada geese (including Hutchins or cackling geese), white-fronted geese and brant.

In Alaska, Puerto Rico, Idaho, Utah, Arizona, and Nevada 4, including in such limit not more than 2 Canada geese (including Hutchins or cackling geese), or 2 white-fronted geese or 1 of each.

Elsewhere than in the above States 4, including in such limit either 1 Canada goose (including Hutchins or cackling geese) or 1 white-fronted goose.

Any person may possess not more than the above bag limits of geese or brant.

In view of the fact that the hunting season on a number of migratory birds normally opens on September 1, it has been determined that these amendments shall become effective August 31, 1947.

In Witness Whereof, I have hereunto subscribed my name and caused the seal of the Department of the Interior to be affixed, this 29th day of July, 1947.

OSCAR L. CHAPMAN,

Acting Secretary of the Interior.

And Whereas upon consideration it appears that approval of the foregoing amendments will effectuate the purposes of the aforesaid Migratory Bird Treaty Act:

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

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 31st day of July in the year of our Lord nineteen hundred and forty-seven, and of the Independence of the United States of America the one hundred and seventy-second.

HARRY S. TRUMAN

By the President:

G. C. MARSHALL,

Secretary of State.