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FEDERAL
VOLUME 2

EGISTER
9 3 4
A /IT E O

,
NUMBER 148

,
Washington Tuesday August 3, 1937
PRESIDENT OF THE UNITED STATES.
R egulations R elating to M igratory B irds , G ame M ammals
and
C ertain
By the President of the United States of America a proclamation
Whereas the Acting Secretary of Agriculture, pursuant to sections 3 and 4 of the Migratory Bird Treaty Act 40 Stat.
755, as amended June 20, 1936 49 Stat. 1555, has adopted and submitted to me regulations which he has determined to be suitable regulations perm itting and governing 1
hunting, taking, capture, killing, possession; sale, purchase, shipment, transportation, carriage, exportation and impor tation 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 sixteenth, nineteen hundred and six teen and the Convention between the United States and the United Mexican States for the protection of migratory birds and game m a m m a ls concluded February seventh, nine teen hundred and thirty-six, and 2 exportation and impor tation to and from M exico of game mammals, parts and products thereof, included in the aforesaid Convention be tween the United States and the United Mexican States, which said regulations are as follows:
R egulations Adopted by the S ecretary of A griculture P ursuant to the M igratory B ird T reaty A ct
Pursuant to the authority and direction contained in sec tions 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, I, M. L. Wilson, Acting Secretary of Agri culture, 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 Conventon between the United States and Great Britain for the protection of migra tory birds,. concluded August sixteenth, nineteen hundred and sixteen, and the Convention between the United States and the United Merican States for the protection of migra tory birds and game mammals concluded February seventh, nineteen hundred and thirty-six, 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 Con vention 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 inter ests 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 hunting, taking,
capture, killing, possession, sale, purchase, shipment, trans portation, carriage, exportation and importation of such birds and parts thereof and their nests and eggs, and ex portation and importation of such mammals to and from Mexico, and, in accordance with such determ inations, do hereby adopt the following regulations as suitable regula tions perm itting and governing hunting, taking, capture, killing, possession, sale, purchase, shipment, transportation, carriage, exportation and importation of said migratory birds and parts, nests, and eggs thereof, and the exportation and importation of game mammals, 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 pro tection 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. Migratory 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 shore birds, including avocets, curlews, dowitchers, godwits, knots, oyster-catch ers, phalaropes, plovers, sandpipers, snipe, stilts, surf birds, turn-stones, w illet, woodcock, and yellowlegs.
e Columbidae, or pigeons, including doves and wild pigeons.
2. Migratory insectivorous and other migratory nongame birds.Cuckoos, flickers and other woodpeckers; nighthawks, or bullbats, chuck-wills-widows, px>or-wills, and whip-peor-wills; swifts; hummingbirds; kingbirds, phoebes, and other flycatchers; hom ed larks; bobolinks, cowbirds, blackbirds, grackles, meadowlarks, and orioles; grosbeaks, finches, sparrows, and buntings; tanagers; m artins and other swallows; waxwings; phainopeplas; shrikes; vireos;
warblers; pipits; catbirds, mockingbirds, and thrashers;
wrens; brown creepers; nuthatches; chickadees and titm ice;
kinglets and gnatcatchers; robins and other thrushes; all other perching birds which feed entirely or chiefly on in sects; and auks, auklets, bitterns, fulm ars, gannets, grebes, guillem ots, gulls, herons, jaegers, loons, murres, petrels, puffins, sharewaters, and terns.
Game mammals under the term s of the aforesaid conven tion between the United States and the United Mexican States include:
Antelope, mountain sheep, deer, bears, p>eccaries, squirrels, rabbits, and hares.
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