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SCRIPT I

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FEDERAL
VOLUME I

REGISTER

S.. >934

NUMBER 111

TED

,
Washington, Saturday August 15, 1936
PRESIDENT OF THE UNITED STATES.
Amending R egulations
on
M igratory G ame B irds
By the President of the United States of America A PROCLAMATION

WHEREAS the Secretary of Agriculture, pursuant to sec tion 3 of the Migratory Bird Treaty Act 40 Stat. 755;
U. S. C., title 16, secs. 703-711, and 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 sixteenth, nineteen hundred and sixteen, has deter mined when, to what extent, and by what means it is com patible with the terms of said Convention to allow hunting, taking, capture, killing, possession, sale, purchase, shipment, transportation, carriage, and export of such birds and parts thereof and their nests and eggs, and in accordance with such determinations has adopted and submitted to me regu lations further amendatory of the regulations approved and proclaimed July 31, 1918, which said further amendatory regulations he, the said Secretary of Agriculture, has deter mined to be suitable regulations, permitting and governing the hunting, taking, capture, killing, possession, sale, pur chase, shipment, transportation, carriage, and export of said birds and parts thereof and their nests and eggs, and which said further amendatory regulations are as follows;
Regulation 3, Means by Which Migratory Game Birds May Be Taken, is amended to read as follows:
REGULATION 3.MEANS BY WHICH MIGRATORY GAME BIRDS MAY
BE TAKEN

The migratory game birds for which open seasons are spec ified in regulation 4 hereof may be taken during such respec tive open seasons with a shotgun only, not larger than no.
10 gage, fired from the shoulder, except as specifically per mitted by regulations 7, 8, 9, and 10 hereof, but they shall not be taken with or by means of any automatic-loading or hand-operated repeating shotgun capable of holding more than 3 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 3 shells a t one load ing; they may be taken during the open season from the land or water, with the aid of a dog, and from a blind, boat, or floating craft except sinkbax battery, power boat, sailboat, any boat under sail and any craft or device of any kind towed by power boat or sailboat; but 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, Waterfowl except for propagation, scientific, or handing purposes under permit pursuant to regulations 8 and 9 of
these regulations and mourning doves are not permitted to be taken by means, aid or use, directly or indirectly, of corn, wheat, oats, or other grain or products thereof, salt, or any kind of feed whatsoever, placed, deposited, distributed, scattered, or otherwise put out whereby such waterfowl or doves are lured, attracted, or enticed; and in the taking of waterfowl, the use, directly or indirectly, of live duck or goose decoys is not permitted; nor shall anything in these regula tions be deemed to permit the use of aircraft of any kind, or of a power boat, sailboat, or other floating craft or device of any kind, for the purpose of concentrating, driving, rally ing, or stirring up migratory waterfowl.
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 and brant in Florida and all States north thereof bordering on the Atlantic Ocean, Rosss goose, wood duck, canvasback duck, redhead duck, ruddy duck, bufflehead duck, and swans, and coot, may be taken each day from 7 a. m. to 4 p. m., standard time, and rails and gallinules other than coot, Wilsons snipe or jacksnipe, woodcock, mourning doves, and band-tailed pigeons from 7 a. m standard time, to sunset each day 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 hereof, respectively, and when so taken may be possessed in the numbers permitted by regulation 5
any day in any State, Territory, or District during the period constituting the open season where killed and for an addi tional period of 10 days next succeeding said open season, but no such bird shall be possessed in a State, Territory, or district at a time when such State, Territory, 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 grounds, or refuge except insofar as may be permitted by the Secretary of Agriculture 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 except snow geese and brant in Florida and all States north thereof bordering on the Atlantic Ocean, Rosss goose, wood duck, ruddy duck, canvasback duck, red head duck, bufflehead duck, and swans, Wilsons snipe or jacksnipe, and cootThe open seasons for waterfowl except snow geese and brant in Florida and all States north thereof bordering on the Atlantic Ocean, Rosss goose, wood duck, ruddy duck, canvasback duck, redhead duck, bufflehead duck, and swans, Wilsons snipe or jacksnipe, and coot, in the 1241