S>l* S. R. A. — B. s. 82 Issued August 1035 United States Department of Agriculture BUREAU OF BIOLOGICAL SURVEY SERVICE AND REGULATORY ANNOUNCEMENTS TEXT OF FEDERAL LAWS RELATING TO THE PROTECTION OF WILDLIFE CONTENTS Page Convention between the United States and Great Britain for the protection of mi- gratory birds in the United States and Canada 1 Migratory Hird Treaty Act 4 Migratory Bird Conservation Act.. 6 Amendment of June 15, 1935 8 Migratory Bird Hunting Stamp Act... 9 Establishment of fish and game sanctuaries in national forests 11 Coordination of wildlife conservation activ- ities 12 Lacey Act, regulating interstate commerce in wild animals 13 Amendment of June 15, 1935... 15 Page Law protecting wild animals and birds and their eggs and Government property on Federal refuges 16 Participation of States in revenues from wild- life refuges 15 Penalties for setting fires on public domain.. 16 Provisions of tariil* act regu ating importation of plumage, game, etc. 16 Canadian tariff act prohibiting importa- tion of plumage, mongooses, and certain birds 19 CONVENTION BETWEEN THE UNITED STATES AND GREAT BRITAIN FOR THE PROTECTION OF MIGRATORY BIRDS IN THE UNITED STATES AND CANADA 1 [39 Stat. 1702] BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION Whereas a convention between the United States of America and the United Kingdom of Great Britain and Ireland for the protect ion of migratory birds in the United States and Canada was concluded and signed by their respective plenipotentiaries at Washington on the 16th day of August 1016, the original of which convention is word for word as follows: Whereas many species of birds in the course of their annual migrations traverse certain parts of the United States and the Dominion of Canada; and Whereas many of these Bpeciea are of great value as a source of food or in destroying insects which are injurious to forests and forage plants on the public domain, as well as to agricultural crops, in both the United States and Canada, but are nevertheless in danger of extermination through lack of adequate protection during the nesting season or while on their way to and from their breeding grounds ; The United States of Ame rica and His Maje sty the King of the United King- dom of Great Britain and IreUj^a^t p^U^lirfFTsTf ITdininions beyond the Seas, JMENTS JEP ndton. 1 Signed at Wash] ficd by the l*resident tStpt 7 ; proclaimed Dec. 8, 191G 65U1°— 35 1 and by Great Britain Ui lorTaViispd by the Senate Aug. 2!>. rati- US / 0040 >S " I'd; ratifications exchanged Dec. 2 BUREAU OF BIOLOGICAL SURVEY [S. R. A. Emperor of India, being desirous of saving from indiscriminate slaughter and of insuring the preservation of such migratory birds as are either useful to man or harmless, have resolved to adopt some uniform system of protection which shall effectively accomplish such objects and to the end of concluding a con- vent ion for this purpose have appointed as their respective plenipotentiaries: The President of the United States of America, Robert Lansing, Secretary of Slate of the United States; and His Britannic Majesty, the Right Hon. Sir Cecil Arthur Spring Rice, G.C.V.O., K.C.M.G., etc., His Majesty's ambassador extraordinary and plenipotentiary at Washington : Who, after having communicated to each other their respective full powers, which were found to be in due and proper form, have agreed to and adopted the following articles: Article I The high contracting powers declare that the migratory birds included in the terms of this convention shall be as follows: 1. Migratory game birds: («) Anatidae or waterfowl, including brant, wild ducks, geese, and swans. (&) Gruidae or cranes, including little brown, sandhill, and whooping cranes. (c) Rallidae or rails, including coots, gallinules, and sora and other rails. (//) Limicolae or shorebirds, including avocets, curlew, dowitchers, godwits, knots, oyster catchers, phalaropes, plovers, sandpipers, snipe, stilts, surf birds, tuinstones, willet, woodcock, and yellowlegs. (e) Columbidae or pigeons, including doves and wild pigeons. 2. Migratory insectivorous birds : Bobolinks, catbirds, chicadees, cuckoos, flickers, flycatchers, grosbeaks, humming birds, kinglets, martins, meadowlarks, nighthawks or bull-bats, nut-hatches, orioles, robins, shrikes, swallows, swifts, tanagers, titmice, thrushes, vireos, warblers, wax-wings, whippoorwills, wood- peckers, and wrens, and all other perching birds which feed entirely or chiefly on insects. 3. Other migratory nongame birds: Auks, auklets, bitterns, fulmars, gannets, grebes, guillemots, gulls, herons, jaegers, loons, murres, petrels, puffins, shear- waters, and terns. Article II The high contracting powers agree that, as an effective means of preserving migratory birds, there shall be established the following close seasons during which no hunting shall be done except for scientific or propagating purposes under permits issued by proper authorities. 1. The close season on migratory game birds shall be between March 10 and September 1, except that the close season on the Limicolae or shorebirds in the Maritime Provinces of Canada and in those States of the United States bor- dering on the Atlantic Ocean which are situated wholly or in part north of Chesapeake Bay shall be between February 1 and August 15, and that Indians may take at any time scoters for food but not for sale. The season for hunting shall be further restricted to such period not exceeding 3Ms months as the high contracting powers may severally deem appropriate and define by law or regulation. 2. The close season on migratory insectivorous birds shall continue through- out the year. 3. The close season on other migratory nongame birds shall continue through- out the year, except that Eskimos and Indians may take at any season auks, auklets, guillemots, murres, and puffins, and their eggs, for food and their skins for clothing, but the birds and eggs so taken shall not be sold or offered for sale. Article III The high contracting powers agree that during the period of 10 years next following the going into effect of this convention there shall be a continuous close season on the following migratory game birds, to Wl1 : Band-tailed pigeons, little brown, sandhill, and whooping cranes, swans, cur- lew, and all shorebirds (except the black-breasted ami golden plover, Wilson or jacksnipo, woodcock', and the greater and lesser yellowlegs) ; provided that B. S. 82] LAWS RELATING TO WILDLIFE PROTECTION" 3 during such 10 years the close Beasona on cranes, swans, and curlew in the Province of British Colombia shall be made hy the proper authorities of that Province within the general dates and limitations elsewhere prescribed in this convention for the respective groups to which these birds belong. Article IV The high contracting powers agree that special protection shall he given the wood duck ami the eider duck either (1) hy a close season extending over a period of at least 5 years, or (2) hy the establishment of refuges, or (3) hy such other regulations as may he deemed appropriate. Article V The taking of nests or eggs of migratory game or insectivorous or nongame hirds shall he prohibited, except for scientific or propagating purposes under such laws or regulations as the high contracting powers may severally deem appropriate. Article VI The high contracting powers agree that the shipment or export of migratory birds or their eggs from any State or Province, during the continuance of the close season in such State or Province, shall be prohibited except for scientific or propagating purposes, and the international traffic in any birds or eggs at such time captured, killed, taken, or shipped at any time contrary to the laws of the State or Province in which the same were captured, killed, taken, or shipped shall be likewise prohibited. Every package containing migratory birds or any parts thereof or any eggs of migratory birds transported, or offered for transportation from the United States into the Dominion of Canada, or from the Dominion of Canada into the United States, shall have the name and address of the shipper and an accurate statement of the contents clearly marked on the outside of such package. Article VII Permits to kill any of the above-named birds, which under extraordinary conditions may become seriously injurious to the agricultural or other inter- ests in any particular community, may be issued by the proper authorities of the high contracting powers under suitable regulations prescribed therefor by them, respectively, but such permits shall lapse or may be canceled at any time when, in the opinion of said authorities, the particular exigency has passed, and no birds killed under this article shall be shipped, sold, or offered for sale. Article VIII The high contracting powers agree themselves to take, or propose to their respective appropriate law-making bodies, the necessary measures for insuring the execution of the present convention. Article IX The present convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and hy His Britannic Majesty. The ratifications shall he exchanged at Washington as- soon as possible, and the convention shall take effect on the date of the ex- change of the ratifications. It shall remain in force for 15 years, and in the event of neither of the high contracting powers having given notification 12 months before the expiration of said period of 15 years of its intention of terminating its operation, the convention shall continue to remain in force for 1 year and so on from year to year. In faith whereof, the respective plenipotentiaries have signed the present convention in duplicate and have hereunto affixed their seals. Done at Washington this 16th day of August, 1916. [seal] Robert Lansing. [seal] Cecil Spring Rice. 4 BUREAU OF BIOLOGICAL SURVEY [S. B.A. And whereas the said convention has been duly ratified on both parts, and the ratifications of the two Governments were exchanged in the city of Wash- ington on the 7th day of December 1916 : Now, therefore, be it known that I, Woodrow Wilson, President of the United States of America, have caused the said convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington this 8th day of December in the year of our Lord 1916, and of the independence of the United States of America the 141st. [seal] Woodrow Wilson. By the President : Robert Lansing, Secretary of State MIGRATORY BIRD TREATY ACT' [Act of July 3, 1918. 40 Stat. 755— U. S. Code, Title 16, Sees. 703-711] An Act To give effect to the convention between tbe United States and Great Britain for the protection of migratory birds concluded at Washington, August 1(3, 1916, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this act shall be known by the short title of the " Migratory Bird Treaty Act." Sec. 2. That unless and except as permitted by regulations 8 made as herein- after provided, it shall be unlawful to hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry or cause to be carried by any means whatever, receive for shipment, transportation or carriage, or export, at any time or in any manner, any migratory bird, included in the terms of the convention be- tween the United States and Great Britain for the protection of migratory birds concluded August 16, 1916, or any part, nest, or egg of any such bird. Sec. 3. That, subject to the provisions and in order to carry out the purposes of the convention, the Secretary of Agriculture is authorized and directed, from time to time, having due regard to the zones of temperature and to the distri- bution, abundance, economic value, breeding habits, and times and lines of migratory flight of such birds, to determine when, to what extent, if at all, and by what means, it is compatible with the terms of the convention to allow hunting, taking, enpture, killing, possession, sale, purchase, shipment, trans- portation, carriage, or export of any such bird, or any part, nest, or egg thereof, and to adopt suitable regulations permitting and governing the same, in ac- cordance with such determinations, which regulations shall become effective when approved by the President. Sec. 4. That it shall be unlawful to ship, transport, or carry, by any means whatever, from one State, Territory, or District to or through another State, Territory, or District, or to or through a foreign country, any bird, or any part, nest, or egg thereof, captured, killed, taken, shipped, transported, or carried at any time contrary to the laws of the State, Territory, or District in which it was captured, killed, or taken, or from which it was shipped, trans- ported, or carried. It shall be unlawful to import any bird, or any part, nest, or egg thereof, captured, killed, taken, shipped, transported, or carried con- trary to the laws of any Province of the Dominion of Canada in which the 2 Constitutionality of the treaty and net of July 3. 101ft. sustained by the United States Suoreme Court In a decision rendered Apr. 19, 1920, in the case of the State of Missouri r Ray P. Holland (252 II. S. 416) ; see also U. S. v. Lumpkin (1276 Fed. 580) Canada by an ad of Parliament approved Aug. 2!). 1017, gave full effort to the treaty" and pro- mulgated regulations thereunder May 11. 191ft. The validity of the act of the Dominion Parliament was upheld by the Supreme Court of Prince Edward Island in a decision (Michaelmas term, 1920) rendered in the case of the Kino v. Russell O. Clark. For full text of the Canadian migratory-bird treaty act and regulations, communicate with the Commissioner, National Parks of Canada, Ottawa, Ontario. 8 For full text of regulations governing the taking, possession, shipment, etc., of mi- gratory same birds, consult Service and Regulatory Announcements B. s.-ftl. which may be obtained upon request to the Bureau of Biological Survey, U. S. Department of Agriculture, Washington, I). C. D. S. 82] LAWS RELATING TO WILDLIFE PROTECTION 5 same was captured, killed, or taken, or from which it was shipped, trans- ported, or carried. 4 Sec. 5. That any employee of the Department of Agriculture authorized by the Secretary of Agriculture to enforce the provisions of this act shall have power, without warrant, to arrest any person committing a violation of this act in his presence or view and to take such person immediately for examination or trial before an officer or court of competent jurisdiction; shall have power to execute any warrant or other process issued by an officer 01 court of competent jurisdiction for the enforcement of the provisions of this ad ; and shall have authority, with a search warrant, to search any place. The several judges of the courts established under the laws of the United States, and United States commissioners, may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue warrants in all such cases. All birds or parts, nests, or eggs thereof, captured, killed, taken, shipped, transported, carried, or possessed contrary to the provisions of this act or of any regulations made pursuant thereto shall, when found, be seized by any such employee, or by any marshal, or deputy marshal, and, upon conviction of the offender or upon judgment of a court of the United States that the same were captured, killed, taken, shipped, transported, carried, or possessed contrary to the provi- sions of this act or of any regulation made pursuant thereto, shall be forfeited to the United States and disposed of as directed by the court having jurisdiction. Sec. G. That any person, association, partnership, or corporation who shall violate any of the provisions of said convention or of this act, or who shall violate or fail to comply with any regulation made pursuant to this act, shall be deemed guilty of misdemeanor and upon conviction thereof shall be lined not more than $500 or be imprisoned not more than six months, or both. Sec. 7. That nothing in this act shall be construed to prevent the several States and Territories from making or enforcing laws or regulations not in- consistent with the provisions of said convention or of this act, or from making or enforcing laws or regulations which shall give further protection to migra- tory birds, their nests, and eggs, if such laws or regulations do not extend the open seasons for such birds beyond the dates approved by the President in accordance with section 3 of this act. Sec. 8. That until the adoption and approval, pursuant to section 3 of this act. of regulations dealing with migratory birds and their nests and eggs, such migratory birds and their nests and eggs as are intended and used exclusively for scientific or propagating purposes may be taken, captured, killed, possessed, sold, purchased, shipped, and transported for such scientific or propagating purposes if and to the extent not in conflict with the lawij of the State, Terri- tory, or District in which they are taken, captured, killed, possessed, sold, or purchased, or in or from which they are shipped or transported if the packages containing the dead bodies or the nests or eggs of such birds when shipped and transported shall be marked on the outside thereof so as accurately and clearly to show the name and address of the shipper and the contents of the package. Six". 9. That the unexpended balances of any sums appropriated by the agricultural appropriation acts for the fiscal years 1917 an:l 1918, for enforc- ing the provisions of the act approved March 4, 1913, relating to the protection of migratory game and insectivorous birds, are hereby reappropriated and made available until expended for the expenses of carrying into effect the pro- Visions of this act and regulations made pursuant thereto, including the pay- ment of such rent, and the employment of such persons and means, as the Secretary of Agriculture may deem necessary, in the District of Columbia and elsewhere, cooperation with local authorities in the protection of migratory birds, and necessary investigations connected therewith: Provided. That no person who is subject to the draft for service in the Army or Navy shall he exempted or excused from such service by reason of his employment under this act. Sec. 10. That if any clause, sentence, paragraph, or part of this act shall, for any reason, be adjudged by any court of competent jurisdiction to be in- valid, such judgment shall not affect, impair, or invalidate the remainder thereof, hut shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered. * See. 4 npphos to both migratory and nonmisjratory birds. Bogle v. White (marshal), 61 Fed. (2d) 930 (U. S. C. C. A.), Dec. 8, 1932. Petition lor certiorari denied (53 Kup. Ct. Kept. G5G). t) BUREAU OF BIOLOGICAL SURVEY [S. R. A, Sec. 11. That all acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Sec. 12. Nothing in this act shall be construed to prevent the breeding of migratory game birds on farms and preserves and the sale of birds so bred under proper regulations for the purpose of increasing the food supply. Sec. 13. That this act shall become effective immediately upon its passage and approval. MIGRATORY BIRD CONSERVATION ACT [Act of Feb. IS, 1929. 45 Stat. 1222— U. S. Code, Suppl. 4, title 16, sec. 715, as amended by act of June 15, 1935, Title III, Public No. 148, 74th Congress.] An Act To more effectively meet the obligations of the United States under the migratory bird treaty with Great Britain by lessening the dangers threatening migratory game birds from drainage and other causes, by the acquisition of areas of land and of water to furnish in perpetuity reservations for the adequate protection of such birds ; and authorizing appropriations for the establishment of such areas, their maintenance and improvement, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this act shall be known by the short title of "Migratory Bird Conservation Act." Sec. 2. That a commission to be known as the Migratory Bird Conservation Commission, consisting of the Secretary of Agriculture, as chairman, the Secre- tary of Commerce, the Secretary of the Interior, and two Members of the Senate, to be selected by the President of the Senate, and two Members of the House of Representatives to be selected by the Speaker, is hereby created and authorized to consider and pass upon any area of land, water, or land and water that may be recommended by the Secretary of Agriculture for purchase or rental under this act, and to fix the price or prices at which such area may be purchased or rented ; and no purchase or rental shall be made of any such area until it has been duly approved for purchase or rental by said commission. Any Member of the House of Representatives who is a member of the commis- sion, if reelected to the succeeding Congress, may serve on the commission not- withstanding the expiration of a Congress. Any vacancy on the commission shall be filled in the same manner as the original appointment. The ranking officer of the branch or department of a State to which is committed the adminis- tration of its game laws, or his authorized representative, and in a State having no such branch or department, the Governor thereof or his authorized repre- sentative, shall be a member ex officio of said commission for the purpose of considering and voting on all questions relating to the acquisition, under this act, of areas in his State. Sec. 3. That the commission hereby created shall, through its chairman, an- nually report in detail to Congress, not later than the first Monday in De- cember, the operations of the commission during the preceding fiscal year. Sec. 4. That the Secretary of Agriculture shall recommend no area for purchase or rental under the terms of this act except such as he shall determine is necessary for the conservation of migratory game birds. Sec. 5. That the Secretary of Agriculture is authorized to purchase or rent such areas as have been approved for purchase or rental by the commission, at the price or prices fixed by said commission, and to acquire by gift or devise, for use as inviolate sanctuaries for migratory birds, areas which he shall determine to be suitable for such purposes, and to pay the purchase or rental price and expenses Incident to the location, examination, and survey of such areas and the acquisition of title thereto, including options when deemed neces- sary by the Secretary of Agriculture, from moneys to be appropriated hereunder by Congress from time to time: Provided, That no lands acquired, held, or used by the United Stales for military purposes shall be subject to any of the provisions of this act. Sic. <;. Thai the Secretary of Agriculture may do all things and make all ex- penditures necessary to secure the safe title in the Tinted States to the areas which may be acquired under this Act, but no payment shall be made for any such areas until the title thereto shall be satisfactory to the Attorney General, but the acquisition of such areas by the United states shall in no case be de- feated because of rights-of-way, easements, and reservations which from their nature will in the opinion of the Secretary of Agriculture in no manner interfere with the use of the areas so encumbered for the purposes of this Act; but B.8.82] LAWS RELATING TO WILDLIFE PROTECTION 7 such rights-of-way, easements, and reservations retained by the grantor or lessor from whom the United States receives title under this or any other Act for the acquisition by the Secretary of Agriculture of areas for wildlife refuges shall be subject to rules and regulations prescribed by the Secretary of Agriculture for the occupation, use, operation, protection, and administration cf such areas as inviolate sanctuaries for migratory birds or as refuges for wildlife; and it shall be expressed in the clvini or lease that the use, occupa- tion, and operation of such rights-of-way, easements, and reservations shall he subordinate to and subject to such rules and regulations as arc -ct cut in such deed or lease or, if deemed necessary by the Secretary of Agriculture, to such rules and regulations as may he prescribed by him from time t<> time. (Act of June 15, 1935, title III, Public No. 148, 74th Cong.) Sec. 7. That no deed or instrument of conveyance shall he accepted by Hie Secretary of Agriculture under this act unless the State in which the area lies shall have consented by law to the acquisition by the United States of lands in that State. Sec. S. That the jurisdiction of the State, hoth civil and criminal, over per- sons upon areas acquired under this act shall not he affected or changed by reason of their acquisition and administration by the United States as migratory bird reservations, except so far as the punishment of offenses against the United States is concerned. Sec. 9. That nothing in this act is intended to interfere with the operation of the game laws of the several States applying to migratory game birds insofar as they do not permit what is forbidden by Federal law. Sec. 10. That no person shall knowingly disturb, injure, or destroy any notice, signboard, fence, building, ditch, dam, dike, embankment, flume, spillway, or other improvement or property of the United States on any area acquired under this act, or cut, burn, or destroy any timber, grass, or other natural growth, on said area or on any area of the United States which heretofore has been or which hereafter may be set apart or reserved for the use of the Department of Agriculture as a game refuge or as a preserve or reservation and breeding ground for native birds, under any law, proclamation, or Executive order, or occupy or use any part thereof or enter thereon for any purpose, except in accordance with regulations of the Secretary of Agriculture; nor shall any per- son take any bird, or nest or egg thereof, on any area acquired under this act, except for scientific or propagating purposes under permit of the Sec- retary of Agriculture; but nothing in this act or in any regulation thereunder shall be construed to prevent a person from entering upon any area acquired under this act for the purpose of fishing in accordance with the law of the Stale in which such area is located: Provided, That such person complies with the regulations of the Secretary of Agriculture covering such area. Sec. 11. That for the purposes of this act, migratory birds are those defined as such by the treaty between the United States and Great Britain for the pro- tection of migratory birds concluded August 1G, 1916. Sec. 12. For the acquisition, including the location, examination, and survey, of suitable areas of land, water, or land and water for use as migratory bird reservations, and necessary expenses incident thereto, and for the administra- tion, maintenance, and development of such areas and other preserves, reserva- tions, or breeding grounds frequented by migratory game birds and under the administration of the Secretary of Agriculture, including the construction of dams, dikes, ditches, flumes, spillways, buildings, and other necessary improve- ments, and for the elimination of the loss of migratory birds from alkali poison- ing, oil pollution of waters, or other causes, for cooperation with local authorities in wildlife conservation, for investigations and publications relating to North American birds, for personal services, printing, engraving, and issuance of circulars, posters, and other necessary matter and for the enforcement of the provisions of this act, there art 4 authorized to he appropriated, in addition to all other amounts authorized by law to be appropriated, the following amounts for the fiscal years specified — $75,000 for the fiscal year ending June 30, 1930; $200,000 for the fiscal year ending June 30, 193i ; $000,000 for the fiscal year ending June 30. WA2: $1,000,000 for the fiscal year ending June 30. 1933; $1,000,000 for each fiscal year thereafter for a period of six years: and $200,000 for the fiscal year ending June 30. 1040. and for each fiscal year thereafter. Not more than 20 per centum of the amounts appropriated pursu- ant to this authorization for the fiscal year beginning July 1, 1930, and for 8 BUREAU OF BIOLOGICAL SURVEY [S. R. A. each fiscal year to and including the fiscal year ending June 30, 1939, shall be expended for personal services in the District of Columbia and elsewhere inci- dent to the administration and maintenance of acquired areas, printing, engrav- ing, and issuance of circulars and posters. No part of any appropriation au- thorized by this section shall be used for payment of the salary, compensation, or expenses of any United States game protector, except reservation protectors for the administration, maintenance, and protection of such reservations, and the birds thereon: Provided, That reservation protectors appointed under the provisions of this act shall be selected, when practicable, from qualified citizens of the State in which they are to be employed. The Secretary of Agriculture is authorized and directed to make such expenditures and to employ such means, including personal services in the District of Columbia and elsewhere, as may be necessary to carry out the foregoing objects. Sec. 13. That for the efficient execution of this act, the judges of the several courts established under the laws of the United States, United States commis- sioners, and persons appointed by the Secretary of Agriculture to enforce this act shall have, with respect thereto, like powers and duties as are conferred by section 5 of the Migratory Bird Treaty Act (title 16, section 706 of the United States Code) upon said judges, commissioners, and employees of the Department of Agriculture appointed to enforce the act last aforesaid. Any bird, or part, nest or egg thereof, taken or possessed contrary to this act when seized shall be disposed of as provided by section 5 of said Migratory Bird Treaty Act. Sec. 14. That any person, association, partnership, or corporation who shall violate or fail to comply with any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than $10 nor more than $500, or be imprisoned not more than six months, or both. Sec 15. That for the purposes of this act the word " take " shall be construed to mean pursue, huntj shoot, capture, collect, kill, or attempt to pursue, hunt, shoot, capture, collect, or kill unless the context otherwise requires. Sec. 16. Nothing in this act shall be construed as authorizing or empowering the Migratory Bird Conservation Commission herein created, the Secretary of Agriculture, or any other board, commission, or officer, to declare withdraw, or determine, except heretofore designated, any part of any national forest or power site, a migratory bird reservation under any of the provisions of this act, except by and with the consent of the legislature of the State wherein such forest or power site is located. Sec. 17. That when any State shall, by suitable legislation make provision adequately to enforce the provisions of this act and all regulations promul- gated thereunder, the Secretary of Agriculture may so certify, and then and thereafter said State may cooperate with the Secretary of Agriculture in the enforcement of this act and the regulations thereunder. Sec. 18. That a sum sufficient to pay the necessary expenses of the commis- sion and its members, not to exceed an annual expenditure of $5,000, is hereby authorized to be appropriated out of any money in the Treasury not otherwise appropriated. Said appropriation shall be paid out on the audit and order of the chairman of said commission, which audit and order shall be conclusive and binding upon the General Accounting Office as to the correctness of the accounts of said commission. Sec 19. That if any provision of this act or the application thereof to any person or circumstance is held invalid the validity of the remainder of the act and of the application of such provision to other persons and circumstances shall not !>e affected thereby. Skc 20. That this act shall take effect upon its passage and approval. AMENDMENT OF JUNE 15, 1935 [Act of Juno 15, 1935, Public No. 148, 74th Cong.] An Act 'to amend ii." Migrator; Bird Hunting tSamp Act of March 16. lf):>4. and certain other acts relating i" game ami other wildlife, administered by the Department of Agriculture, and for othec purposes. TI II. K in. — ACQUISITION OF LANDS FOR MIGRATORY BIRD REFUGES [Section 301 amends section 6 <>f die Migratory Bird Conservation Act, assel out above.] Set. 302. Thai when the public interests will be benefited thereby the Sec- retary of Agriculture is authorized, in his discretion, to accept on behalf of B.S.82] LAWS RELATING TO WILDLIFE PROTECTION 9 the United States title to any land which he deems chiefly valuable for wild- life refnges, and In exchange therefor to convey by deed on behalf of the United States an equal value of lands acquired by him for like purposes, or lie may authorize the grantor to cut and remove from such lands an equal value of timber, hay, or other products, or to otherwise use said lands, when compatible with the protection of the wildlife thereon, the values in eacli to be determined by said Secretary. Timber or other products so granted shall be cut and removed, and other uses exercised, under the laws and regulations applicable to such refuges and under the direction of the Secretary of Agri- culture and nnder such supervision and restrictions as he may prescribe. Any lands acquired by the Secretary of Agriculture under the terms of this section shall immediately become a pari of the refuge or reservation of which the lands, timber, and other products or uses given in exchange were or are a pan and shall be administered under the laws and regulations applicable to such refuge or reservation. skc. 303. That when the public interests will be benefited thereby the Sec- retary ef the Interior is authorized, in his discretion, t<> accept on behalf of the United Stales title to any lands winch, in the opinion of the Secretary i i' Agriculture, are chiefly valuable for migratory bird or other wildlife rei ig -. and in exchange therefor may patent not to exceed an equal value of surveyed or unsurveyed, unappropriated, and nnreserved nonmineral public lands of the United states in the same State, the value in each case to i»e determined by the Secretary of Agriculture. Before any such exchange is effected notice thereof, reciting the lands involved, shall he published once each week for four successive weeks in some newspaper of general circulation in the county or counties in which may he situated the lands proposed to he granted by the United state- in such exchange. Lands conveyed to the United state- under this section shall he held and administered by the Secretary of Agriculture under the terms of section 10 of the aforesaid Migratory Bird C< nservation Act of February .IS, 1929, .and all the provisions of said section of said Act are hereby extended to and shall he applicable to the lands so acquired. Sec. 304. That all the provisions of section G of the aforesaid Migratory Bird Conservation Act, as hereby amended, relating to rights-of-way. easements, and reservations shall apply equally to exchanges effected under the provisions of this Act. and in any such exchanges the value of such rights-of-way, easements, and reservations shall he considered in determining the relation i f value of the lands received hy the United States to that of the land conveyed by the United States. MIGRATORY BIRD HUNTING STAMP ACT [Act of Mar. 10, 1934, 48 St;it.. -151. as amended by title I of act of Juno 15, 1935, Public No. 148, 74th Cong.] An Act To supplement and support the Migratory Bird Conservation Act by providing funds for the acquisition of areas tor use as migratory-bird sanctuaries, refuges, and breeding grounds, for developing and administering such arras, for the protection ■■:' certain migratory birds, lor the enforcement of the Migratory Bird Treaty A. I regulations thereunder, and for other purposes. Be it enacted by the Senate and House of Representatives of the United states of America in Congress assembled, That no person over sixteen years of age shall take any migratory waterfowl unless at the time of such taking he carries on Ins person an unexpired Federal migratory-bird hunting si validated by his signature written hy himself in ink across tie 1 face of the stamp prior to his taking such birds; except that no such stamp shall he required for the taking of migratory waterfowl hy Federal or State Lnstituti »ns or official agencies, or for propagation, or hy the resident owner, tenant, or share cropper of the property or officially designated agencies of the Department of Agriculture for the killing, under such restrictions as the Secretary of Agriculture may hy regulation prescribe, of such waterfowl when found in- juring crops or other property. Any person to whom a stamp hits been sold under this Act shall upon request exhibit such stamp for Inspection to any < nicer or employee of the Department of Agriculture authorized to enforce the provisions of this Acl or to any officer of any Slate or any political subdivision thereof authorized to enforce same laws, [As amended by act of June 15, 1935, title t, Public No. 14*. 74th Cong.] 8561—36 2 10 BUREAU OF BIOLOGICAL SURVEY [S.B.A. Sec. 12. That the stamps required by this Act shall be issued and sold by the Post Office Department under regulations prescribed by the Postmaster General: Provided, That the stamps shall be sold at all post offices of the first- and L-class and at such others as the Postmaster General shall direct. For each such stamp sold under the provisions of this Act there shall be collected by thv Post Office Department the sum of $1. No such stamp shall be valid under any circumstances to authorize the taking of migratory waterfowl except in e< mpliance with Federal and State laws and regulations and then only when the person so taking such waterfowl shall himself have written his signa- ture in ink across the face of the stamp prior to such taking. Each such stamp shall expire and be void after the 30th day of June next succeeding its issu- ance and all such stamps remaining unsold by the Post Office Department at the expiration of said June 30 shall be destroyed by said Department. No stamp sold under this Act shall be redeemable by said Department in cash or in kind. (As amended by act of June 13, 1935, title I, Public No. 148. 74th Cong.] Sec. 3. Nothing in this act shall be construed to authorize any person to take any migratory waterfowl otherwise than in accordance with regulations adopted and approved pursuant to any treaty heretofore or hereafter entered into be- tween the United States and any other country for the protection of migratory birds, nor to exempt any person from complying with the game laws of the several States. Sec. 4. All moneys received for such stamps shall be accounted for by the Posl Office Department and paid into the Treasury of the United States, and shall be received and set aside as a special fund to be known as the migratory hi ril conservation fund, to be administered by the Secretary of Agriculture. All moneys received into such fund are hereby appropriated for the following objects and shall be available therefor until expended. [As amended by act of June 15, 1933, title I, Public No. 148, 74th Cong.] (a) Not less than 90 per centum shall be available for the location, ascer- tainment, acquisition, administration, maintenance, and development of suitable areas for inviolate migratory-bird sanctuaries, under the provisions of the Mi- gratory Bird Conservation Act, to be expended for such purposes in all respects as moneys appropriated pursuant to the provisions of such act; for the adminis- tration, maintenance, and development of other refuges under the administra- tion of the Secretary of Agriculture, frequented by migratory game birds; and for such investigations on such refuges and elsewhere in regard to migratory waterfowl as the Secretary of Agriculture may deem essential for the highest utilization of the refuges and for the protection and increase of these birds. ib) The remainder shall be available for expenses in executing this Act. the Migratory Bird Conservation Act, the Migratory Bird Treaty Act. and any other Act to carry into effect any treaty for the protection of migratory birds, inclu ing pe sonal services in the District of Columbia and elsewhere, and also including advance allotments to be made by the Secretary of Agriculture t<> the Posi Office Department at such times and in such amounts as may be mutually agreed upoD by the Secretary of Agriculture and the Postmaster General for direct expenditure by the Post Office Department for engraving, printing, issuing, selling, and accounting for migratory bird hunting, stamps and moneys received from the sale thereof, personal services in the District of Columbia and elsewhere, and for such other expenses as may be necessary in executing the duties and functions required of the Postal Service by this Act : Provided, That the protection of said inviolate migratory-bird sanctuaries shall be, so far as p< ssible, under section 17 of the Migratory Bird Conserva- tion Act of February 18, 1929. [Aa amended by act of June l~), 1935, title I. Public No. Its, 7 1 ( h Cong.] ■"'. (a) Thai no person i<> whom has been sold a migratory-bird hunting Stamp, validated as provided in section 1 of this Act. shall loan or transfer mp to any person during the period of its validity; nor shall any ! ■: -tiier than the person validating such stamp use it for any purpose durin tin Thai no pet n ■!! shall alter, mutilate, imitate, or counterfeit any stamp authorized by this Act, or imitate or counterfeit any die, plate, or engraving oake, print, or knowingly use, sell, or have In bis possession any such counterfeit, die, plate, or engraving [A ::::, nded !... aci " , June L5, i!>:'">. title I No. 148, Tiili Cong.] B.S.8S] LAWS RELATING TO WILDLIFE PROTECTION 11 Sec r the several courts, established under the laws of the United States, United States Commissioners, and persona appointed by the Secretary of Agriculture t<» enforce the provisions of this act, shall hare, with respecl thereto, like powers and duties as are con- ferred upon said judges, commissioners, and employees of the Department of Agriculture by the Migratory Bird Treaty Ad or anj other act to carry into effect any treaty for the protection of migratory birds with respecl to thai act. Any bird or pari thereof taken or possessed contrary to such acl shall, when seized, be disposed of as provided by the Migratory Bird Treaty Act, or aforesaid. Sec. 7. Any person who shall violate any provision of this ad or who shall violate or fail to comply with any regulation made pursuanl thereto sh&ll lie subjecl to the penalties provided in section G of the Migratory Bird Treaty Ad. Sec. 8. The Secretary of Agriculture is authorized to cooperate with the several States and Territories in the enforcement of the provisions of this act. Sec. D (a) Terms defined in the Migratory Bird Treaty Act, or the Migratory Bird Conservation Act, shall, when used in this act, have the meaning assigned to such terms in such acts respectively. (6) As used in this act (1) the term "migratory waterfowl" means the species enumerated in paragraph (a) of subdivision 1 of article I of the treaty between the United States and Great Britain for the protection of migratory birds concluded August 16, 191G; (2) the term "State" includes the several States and Territories of the United States and the District of Columbia; and (3) the term "take" means pursue, hunt, shoot, capture, collect, kill, or at- tempt to pursue, hunt, shoot, capture, collect, or kill. ESTABLISHMENT OF FISH AND GAME SANCTUARIES IN NATIONAL FORESTS [Act of Mar. 10. 1934—48 Stat. 400.] An Act To establish fish and game sanctuaries in the national forests. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purpose of providing breeding places for game birds, game animals, atul fish on lands and waters in the national forests not chiefly suitable for agriculture, the President of the United States is hereby authorized, upon recommendation of the Secretary of Agriculture and the Secretary of Commerce and with the approval of the State legislatures of the respective States in which said national forests are situated, to establish by public proclamation certain specified and Limited areas within said forests as fish and game sanctuaries or refuges which shall be devoted to the increase of game birds, game animals, and fish of all kinds naturally adapted thereto, but it is not intended that the hinds included in such fish and game sanctuaries or refuges shall cease to be parts of the na- tional forests wherein they are located, and the establishment of such fish and game sanctuaries or refuges shall not prevent the Secretary of Agriculture from permitting other uses of the national forests under and in conformity with the laws and the rules and regulations applicable thereto so far as such uses may be consistent with the purposes for which such fish and game sanctuaries or refuges are authorized to lie established. Skc 2. That when such fish and game sanctuaries or refuges have been established as provided in section 1 of this Act. hunting, pursuing, poisoning, angling for, killing, or capturing by trapping, netting, or any other means or attempting to hunt, pursue, angle for, kill, or capture any wild animals or lish for any purpose whatever upon the hinds of the United States within the limits of said fish and game sanctuaries or refuges shall be unlawful except as here- inafter provided, and any person violating any provision of this Act or any of the rules and regulations made under the provisions of this Act shall be deemed guilty of a misdemeanor and shall upon conviction in any United States court be lined in a sum of not exceeding $100 or imprisonment not exceeding six months, or both. Sec. 8. That the Secretaries of Agriculture and Commerce shall execute the provisions of this Act, and they are hereby jointly authorized to make nil 12 BUREAU OF BIOLOGICAL. SURVEY [S. R.A. needful rules and regulations for the administration of such fish and game sanctuaries or refuges in accordance with the purpose of this Act, including regulations not in contravention of State laws for hunting, capturing, or killing predatory animals, such as wolves, coyotes, foxes, pumas, and other species destructive to livestock or wild life or agriculture within the limits of said fish and game sanctuaries or refuges: Provided, That the present jurisdiction of the States shall not be altered or changed without the legislative approval of such States. COORDINATION OF WILDLIFE CONSERVATION ACTIVITIES ' [Act of Mar. 10, 1934, 48 Stat. 401.] An Act To promote {tie conservation of wild life, fish, and game, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Agriculture and the Secretary of Commerce are authorized to provide expert assistance to and to cooperate with Federal, State, and other agencies in the rearing, stocking, and increasing the supply of game and fur-bearing animals and fish, in combating diseases, and in developing a Nation-wide program of wild- life conservation and rehabilitation. Sec. 2. The Secretary of Agriculture and the Secretary of Commerce are authorized to make such investigations as they may deem necessary to deter- mine the effects of domestic sewage, trade wastes, and other polluting sub- stances on wild life, with special reference to birds, mammals, fish, and shell- fish, and to make reports to the Congress of their investigations with recom- mendations for remedial measures. Such investigations shall include studies of methods for the recovery of wastes and the collation of data on the progress being made in these fields for the use of Federal, State, municipal, and private agencies. Sec. 3. (a) Whenever the Federal Government through the Bureau of Recla- mation or otherwise, impounds water for any use, opportunity shall be given to the Bureau of Fisheries and/or the Bureau of Biological Survey to make such uses of the impounded waters for fish-culture stations and migratory- bird resting and nesting areas as are not inconsistent with the primary use of the waters and/or the constitutional rights of the States. In the case of any waters heretofore impounded by the United States, through the Bureau of Reclamation or otherwise, the Bureau of Fisheries and/or the Bureau of Bio- logical Survey may consult with the Bureau of Reclamation or other govern- mental agency controlling the impounded waters, with a view to securing a greater biological use of the waters not inconsistent with their primary use and/or the constitutional rights of the States and make such proper uses thereof as are not inconsistent with the primary use of the waters and/or the constitutional rights of the States. (b) Hereafter, whenever any dam is authorized to be constructed, either by the Federal Government itself or by any private agency under Govern- ment permit, the Bureau of Fisheries shall be consulted, and before such construction is begun or permit granted, when deemed necessary, due and adequate provision, if economically practicable, shall be made for the migration of fish life from the upper to the lower and from the lower to the upper waters of said dam by means of fish lifts, ladders, or other devices. Sec 4. The Office of Indian Affairs, the Bureau of Fisheries, and the Bureau of Biological Survey are authorized, jointly, to prepare plans for the better pro- tection of the wildlife resources, including fish, migratory waterfowl and up- land game birds, game animals and fur-bearing animals, upon all the Indian reservations and unallotted Indian lands coming under the Supervision of the Federal Government. When such plans have been prepared they shall be pro- mulgated by the Secretary of the Interior, the Secretary of Commerce, and the Secretary of Agriculture, who are authorized to make the necessary regulations for enforcement thereof and from time to time to change, alter, or amend such regulations. Sec. 5. The Bureau of Biological Survey and the Bureau of Fisheries are hereby authorized to make surveys of the wildlife resources of the public domain, or of any lands owned or leased by the Government, to conduct such B. S. 82] LAWS RELATING TO WILDLIFE PROTECTION 13 Investigations as may be necessary for the development <>f ;i program for the maintenance of an adequate supply of wildlife In these areas, to establish thereon gamp farms and fish-cultural stations commensurate with the need fur replenishing the supply of game and fur-bearing animals and fish, and, in cooperation with the National Park Service, the Forest Service, or other Fed- eral agencies, the state agencies, to coordinate and establish adequate measures for wildlife control on such game farms and fish-cultural stations: Provided, That no such game farm shall hereafter be established in any State without the consent of the legislature of that State. Skc. (3. In carrying out the provisions of this Act the Federal agencies charged with its enforcement may cooperate with other Federal agencies and with States, counties, municipalities, individuals, and public and private agencies, organizations and institutions, and may accept donations of lands, funds, and other aids to the development of the program authorized in this Act : Provided, however, That no such donations of land shall be accepted without consent of the legislature of the State in which such land may bo situated: Provided, That no authority is given in this Act for setting up any additional bureau or division in any department or commission, and shall not authorize any addi- tional appropriation for carrying out its purposes. LACEY ACT, REGULATING INTERSTATE COMMERCE IN WILD ANIMALS Federal laws affecting the shipment of wild animals comprise statutes regulating inter- state commerce by common carrier in the dead bodies or pans thereof, and the importation of live birds and mammals from foreign countries, as follows : [Act of Mar. 4, 1009. 35 Stat. 1137, to codify, revise, and amend the penal laws of the United States ( V . S. Code, title 18, sees. 391 to 394), as ameuded by acl of June 15, 193o, title II, Public No. 148, 74th Cong.] Sec. 241. The importation into the United States, or any Territory or District thereof, of the mongoose, the so-called "flying foxes*' or fruit bats, the English sparrow, the starling, and such other birds and animals as the Secretary of Agriculture may from time to time declare to he injurious to the interests of agriculture or horticulture, is hereby prohibited; and all such birds and ani- mals, shall, upon arrival at any port of the "United States, be destroyed or re- turned at the expense of the owner. No person shall import into the United States or into any Territory or District thereof any foreign wild animal or bird, except under special permit from the Secretary of Agriculture: Provided, That nothing in this section shall restrict the importation of natural-history specimens for museums or scientific collections, or of certain cage birds, such as domesticated canaries, parrots, or such other birds as the Secretary of Ag- riculture may designate. The Secretary of the Treasury is hereby authorized to make regulations for carrying into effect the provisions of this section. Sec. 242. It shall be unlawful for any person, firm, corporal ion, or associa- tion to deliver or knowingly receive for shipment, transportation, or carriage, or to ship, transport, or carry, by any means whatever, from any State. Terri- tory, or the District of Columbia to, into, or through any other State, Terri- tory, or the District of Columbia, or to a foreign country any wild animal or bird, or the dead body or part thereof, or the c^ of any such bird imported from any foreign country contrary to any law of the United States, or cap- tured, killed, taken, purchased, sold, or possessed contrary to any such law, or captured, killed, taken, shipped, transported, carried, purchased, sold, or possessed contrary to the law of any State, Territory, or the District of Co- lumbia, or foreign country or State, Province, or other subdivision thereof in which it was captured, killed, taken, purchased, sold, or possessed or in which it was delivered or knowingly received for shipment, transportation, or carriage, or from which it was shipped, transported, or carried; and it shall be unlawful for any person, firm, corporation, or association to transport, bring. or convey, by any mesas whatever, from any foreign country into the United Stales any wild animal or bird, or the dead body or par! thereof, or the egg of any such bird captured, killed, taken, shipped, transported, or carried con- trary to the law of the foreign country or state, Province, or other subdivision 14 BUREAU OF BIOLOGICAL SURVEY [S. R. A, thereof in which it was captured, killed, taken, delivered, or knowingly re- ceived for shipment, transportation, or carriage, or from which it was shipped, transported, or carried; and no person, firm, corporation, or association shall knowingly purchase or receive any wild animal or hird, or the dead body or part thereof, or the egg of any such bird imported from any foreign country or shipped, transported, carried, brought, or conveyed, in violation of this seel ion; nor shall any person, firm, corporation or association purchasing or receiving any wild animal or bird, or the dead body or part thereof, or the egg of any such bird, imported from any foreign country, or shipped, transported, or carried in interstate commerce make any false record or render any account that is false in any respect in reference thereto. [As amended by act of June 15, 1935, title II, Public No. 148, 74th Cong.] Sec. 243. All packages or containers in which wild animals or birds, or the dead bodies or parts thereof, or the eggs of any such birds are shipped, transported, carried, brought, or conveyed, by any means whatever, from one State, Territory, or the District of Columbia to, into, or through another State, Territory, or the District of Columbia, or to or from a foreign country shall be plainly and clearly marked or labeled on the outside thereof with the names and addresses of the shipper and consignee and with an accurate statement showing by number and kind the contents thereof. [As amended by act of June 15, 1935, title II, Public No. 148, 74th Cong.] Sec. 244. For each evasion or violation of, or failure to comply with, any provision of the three sections last preceding, any person, firm, corporation, or association, upon conviction thereof, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than six months, or both. [As amended by act of June 15, 1935, title II, Public No. 148, 74th Cong.] [Act of May 25, 1900—31 Stat. 187.] Sec 1. That the duties and powers of the Department of Agriculture are hereby enlarged so as to include the preservation, distribution, introduction, and restoration of game birds and other wild birds. The Secretary of Agri- culture is hereby authorized to adopt such measures as may be necessary to carry out the purposes of this act and to purchase such game birds and other wild birds as may be required therefor, subject, however, to the laws of the various States and Territories. The object and purpose of this act is to aid in the restoration of such birds in those parts of the United States adapted thereto where the same have become scarce or extinct, and also to regulate the introduction of American or foreign birds or animals in localities where they have not heretofore existed. The Secretary of Agriculture shall from time to time collect and publish useful information as to the propagation, uses, and preservation of such birds. And the Secretary of Agriculture shall make and publish all needful rules and regulations for carrying out the purposes of this act, and shall expend for said ] mi-] loses such sums as Congress may appropriate therefor. (U. S. Code, title HO. sec. 701.) Sec 5. That all dead bodies, or parts thereof, of any foreign game animals, or game or song birds, the importation of which is prohibited, or the dead bodies, or parts thereof, of any wild game animals, or game or song birds transported into any State or Territory, or remaining therein for use, con- sumption, sale, or storage therein, shall upon arrival in such State or Terri- tory be subject to the operation and effect of the laws of such State or Terri-. tory enacted in the exercise of its police -powers, to the same extent and in the, same manner as though such animals or birds had been produced in such State or Territory, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise. This act shall not prevent the importation, transportation, or sale of birds or bird plumage manufactured from the feathers of barnyard fowl. (U. S. Code, title 16, sec. 395.) B. S. 82] LAWS RELATING TO WILDLIFE PROTECTION 15 AMENDMENT OF JUNE 15, 1935 [Act of June 15, 1D55, Tublic No. 148, T4th Cong.] An Art To amend the Migratory Bird Hunting Stamp Act of March in. 1934, and certain other acta relating t. ( game and other wildlife, administered by the Department of Agriculture, and lor other purposes. title ii. interstate commerce in game and other \\ 1 1.1)1 ii e killed oli shipped in violation of law- Sec. -02. That any employee of the Department of Agriculture authorized by the Secretary of Agriculture to enforce the provisions "f said sections 242 and 243, and any officer of the customs, shall have power to arrest any person com- mitting a violation of any provision of said sections in his presence or view and to take such person immediately for examination or trial before an officer or court of competent jurisdiction; shall have power to execute any warrant or other process issued by an officer or court of competent jurisdiction to enforce the provisions of said sections: and shall have authority to execute any warrant to search for and seize wild animals or birds, or the dead bodies or parts thereof, or the eggs of such birds, delivered or received for shipment, transportation, or carriage, or shipped, transported, carried, brought, conveyed, purchased, or received in violation of said sections -42 and 243. Any judge of a curt established under the laws of the United States or any United Statos commis- sioner may, within his jurisdiction, upon proper oath or affirmation .showing probable cause, issue warrants in all such cases. Wild animals or birds, or the dead bodies or parts thereof, or the eggs of such birds, delivered or received for shipment, transportation, or carriage, or shipped, transported, carried, brought, conveyed, purchased, or received contrary to the provisions of said sections 242 and 243 shall, when found, be taken into possession and custody by any such employee or by the United States marshal or his deputy, or by any officer of the customs, and held pending disposition thereof by the court; and when so taken into possession or custody, upon conviction of the offender or upon judgment of a court of the United States that the same were delivered or received for shipment, transportation, or carriage, or were shipped, trans- ported, carried, brought, conveyed, purchased, or received contrary to any I (revision of said sections 242 and 243, or were imported in violation of any law of the United States, as a part of the penalty and in addition to any fine or imprisonment imposed under aforesaid section 244. or otherwise, shall be for- feited and disposed of as directed by the court. LAW PROTECTING WILD ANIMALS AND BIRDS AND THEIR EGGS AND GOVERNMENT PROPERTY ON FEDERAL REFUGES [Act of Mar. 4, 1900. 35 Stat. 1137, to codify, revise, and amend the ]>enal laws of the United States (U. S. Code, title 18, sec. 145), as amended Apr. 15, ^>J■2^, 43 Stat 98.] Sec. 145. Whoever shall hunt, trap, capture, willfully disturb, or kill any bird or wild animal of any kind whatever, or take or destroy the eggs of any such bird on any lands of the United States which have been set apart or re- served as refuges or breeding grounds for such bird< or animals by any law. proclamation, or Executive order, except under such rules and regulations ;is the Secretary of Agriculture may. from time to time, prescribe, or who shall willfully injure, molest, or destroy any property of the United Suites on any such lands shall he fined not more than $500, or imprisoned not more than six months, or both. PARTICIPATION OF STATES IN REVENUE FROM CERTAIN WILDLIFE REFUGES [Act of June 15. 1935, (Public No. 148, 74th Cong.), to amend the Migratory Bird Bunting Stamp Act of Mar. 16, 1934. and certain other acts relating to game and wildlife, administered by the Department of Agriculture, and Sec 401. That 25 per centum of all money received during each fiscal year from the sale or other disposition of surplus wildlife, or <>f timber, hay, grass, or other spontaneous products of the soil, shell, sand, or gravel, and 16 BUREAU OF BIOLOGICAL SURVEY [S. R. Ai from other privileges on refuges established under the Migratory Bird Con- servation Act of February 18, 1929, or under any other law, proclamation, or Executive order, administered by the Bureau of Biological Survey of the United States Department of Agriculture, shall be paid at the end of such year by the Secretary of the Treasury to the county or counties in which such refuge is situated, to be expended for the benefit of the public schools and roads in the county or counties in which such refuge is situated : Provided, That when any such refuge is in more than one State or Territory or county or subdivision, the distributive share to each from the proceeds of such refuge shall be propor- tional to its area therein : Provided further, That the disposition or sale of surplus animals, and products, and the grant of privileges on said wildlife refuges may be made upon such terms and conditions as the Secretary of Agriculture shall determine to be for the best interests of government or for the advancement of knowledge and the dissemination of information regarding the conservation of wildlife, including sale in the open market, exchange for animals of the same or other kinds, and gifts or loans to public or private institutions for exhibition or propagation: And Provided further, That out of any moneys received from the grant, sale, or disposition of such animals, products, or privileges, or as a bonus upon the exchange of such animals the Secretary of Agriculture is authorized to pay any necessary expenses incurred in connection w T ith and for the purpose of effecting the removal, grant, disposi- tion, sale, or exchange of such animals, products, or privileges ; and in all cases such expenditures shall be deducted from the gross receipts of the refuge before the Secretary of tbe Treasury shall distribute the 25 per centum thereof to the States as hereinbefore provided. PENALTIES FOR SETTING FIRES ON PUBLIC DOMAIN [Act of Mar. 4, 1909 — U. S. Code, title 18, Criminal Code and Criminal Procedure] Sec. 106. Whoever shall willfully set on fire, or cause to be set on fire, any timber, underbrush, or grass upon the public domain, or shall leave or suffer fire to burn unattended near any timber or other inflammable material, shall be fined not more than $5,000, or imprisoned not more than two years, or both. Sec. 107. Whoever shall build a fire in or near any forest, timber, or other inflammable material upon the public domain shall, before leaving said fire, totally extinguish the same ; and whoever shall fail to do so shall be fined not more than $1,000, or imprisoned not more than one year, or both. [Constitu- tional, U.S. v. Alford, 274 U.S., 264.] PROVISIONS OF TARIFF ACT REGULATING IMPORTATION OF PLUMAGE, GAME, ETC. [Act of June 17, 1930— U.S. Code, supplement IV, title 19, Customs Duties] TITLE I.— DUTIABLE LIST SCHEDULE 7. — AGRICULTURAL PRODUCTS AND PROVISIONS Par. 704. Reindeer meat, venison, and other game (except birds), fresh, chilled, or frozen, not specially provided for, 6 cents per pound. Par. 711. Birds, live: Chickens, ducks, geese, turkeys, and guineas, 8 cents per pound; baby chicks of poultry, 4 cents each; all other live birds not specially provided for, valued at $5 or less each, 50 cents each ; valued at more than $5 each, 20 per centum ad valorem. Par. 712. I ii ids;, dead, dressed or undressed, fresh, chilled, or frozen: Chickens, ducks, geese, and guineas, 10 cents per pound; turkeys, 10 cents per pound; all other, 10 cents per pound; all tin 1 foregoing, prepared or preserved in any man- ner and not specially provided Tor, 10 cents per pound. Pah. 715. Live animals, vertebrate and invertebrate, not specially provided for, 15 per centum ad valorem. U. S. 82] LAWS RELATING TO WILDLIFE PROTECTION 17 BCHSDUU L9. — sr.NimiKN Par. 1518. Feathers and downs, on the skin or otherwise, crude or not dressed, colored, or otherwise advanced or manufactured in any manner, not specially provided for, 20 per centum ad valorem; dressed, colored, or otherwise ad- vanced or manufactured in any manner, Including quilts of down and other manufactures of down, 00 per centum ad valorem; feather dusters, 45 per centum ad valorem; artificial or ornamental feathers suitable for OSe a^ millinery ornaments. 00 per centum ad valorem; * * * nUi \ i{ \\ articles not specially provided for. composed wholly or in chief value of any of the feathers, * * * above mentioned, shall be subject to the rate of duty provided in this paragraph for such materials, but not less than 00 per centum ad valorem: l'n>- ridrd. That the importation of birds of paradise, aigrettes, egret plumes or so- called osprey plumes, and the feathers, quills, heads', wings, tails, skins, or pans of skins, of wild birds, either raw or manufactured, and not for scientific or educational purposes, is hereby prohibited; but this provision shall not apply to the feathers or plumes of ostriches or to the feathers or plumes of domestic fowds of any kind: Provided furtln r, That birds of paradise, and the feathers. quills, heads, wings, tails, skins, or parts thereof, and all aigrettes, egret plumes, or so-called osprey plumes, and the feathers, quills, heads, wings, tails, skins, or parts ^i' skins, of wild birds, either raw or manufactured, of like kind to those the importation of which is prohibited by the foregoing provisions of this paragraph, which may be found in the United States, on and after the passage of this Act, except as to such plumage or parts of birds in actual use for personal adornment, and except such plumage, birds or parts thereof im- ported therein for scientific or educational purposes, shall he presumed for the purpose of seizure to have been imported unlawfully after October 3, 1913, and the collector of customs shall seize the same unless the possessor thereof shall establish, to the satisfaction of the collector that the same were imported into the United States prior to October 3, 1913, or as to such plumage or parts of birds that they were plucked or derived in the United States from birds law- fully therein; and in case of seizure by the collector, he shall proceed as in case of forfeiture for violation of the customs laws, and the same shall be for- feited, unless the claimant shall, in any legal proceeding to enforce such for- feiture, other than a criminal prosecution, overcome the presumption of illegal importation and establish that the birds or articles seized, of like kind to those mentioned the importation of which is prohibited as above, were imported into the United States prior to October 3, 1913, or were plucked in the United States from birds lawfully therein. That whenever birds or plumage, the importation of which is prohibited by the foregoing provisions of this paragraph, are forfeited to the Government, the Secretary of the Treasury is hereby authorized to place the same with the departments or bureaus of the Federal or State Governments or societies or museums for exhibition or scientific or educational purposes, but not for sale or personal use; and in the event of such birds or plumage not being required or desired by either Federal or State Government or for educational purposes, they shall be destroyed. That nothing in this act shall be construed to repeal the provisions of the a<-t of March 4, 1913, chapter 145 (Thirty-seventh Statutes at Large, p. 847), or the act of July 3, 1918 (Fortieth Statutes at Large, p. 755), or any other law of the United States, now on force, intended for the protection or preservation of birds within the United States. That if on investigation by the collector before seiz- ure, or before trial for forfeiture, or if at such such trial if such seizure has been made, it shall be made to appear to the collector, or the prosecuting officer of the Government, as the case may be, that no illegal importation of such feathers has been made, but that the possession, acquisition, or purchase of such feathers is or has been made in violation of the provisions of the act of March 4. 1913. chapter 145 (Thirty-seventh Statutes at Large, p. 847), or the act of July 3, 191S (Fortieth Statutes at Large, p. 755), or any other law of the United States, now of force, intended for the protection or preservation of birds within the United States, it shall be the duty of the collector, or such prosecuting officer, as the case may be, to report the facts to the proper Officials of the United States, or State or Territory charged with the duty of enforcing such laws. Par. 1519. (a) Dressed furs and dressed fur skins (except silver or black fox), and plates, mats, linings, strips, and crosses of dressed dog, goat, or kid 18 BUREAU OF BIOLOGICAL SURVEY [S. R.A, skins, 25 per centum ad valorem; all the foregoing, if dyed, 30 per centum ad valorem. (b) Manufactures of fur (except silver or black fox) further advanced than dressing, prepared for use as material * * * if not dyed, 35 per centum ad valorem ; if dyed, 40 per centum ad valorem. (c) Silver or black fox furs or skins, dressed or undressed, not specially pro- vided for, 50 per centum ad valorem. (c) Artieles wholly or partly manufactured (including fur collars, fur cuffs, and fur trimmings), wholly or in chief value of fur, not specially provided for, 50 per centum ad valorem. Par. 1520. Hatters' furs, or furs not on the skin, prepared for hatters' use, including fur skins carroted, 35 per centum ad valorem. Par. 1530. (c) Leather * * * made from the hides or skins of * * * reptiles and birds, 25 per centum ad valorem. Par. 1535. * * * any prohibition of the importation of feathers in this act shall not be construed as applying to artificial flies used for fishing, or to feath- ers used for the manufacture of such flies. TITLE II.— FREE LIST SCHEDULE 1G Par. 1G06. (a) Any animal imported by a citizen of the United States specially for breeding purposes, shall be admitted free, whether intended to be used by the importer himself or for sale for such purposes, except black or silver foxes : Provided, That no such animal shall be admitted free unless purebred of a recognized breed and duly registered in a book of record recognized by the Secretary of Agriculture for that breed : Provided further, That the certificate of such record and pedigree of such animal shall be produced and submitted to the Department of Agriculture, duly authenticated by the proper custodian of such book of record, together with an affidavit of the owner, agent, or importer that the animal imported is the identical animal described in said certificate of record and pedigree. The Secretary of Agriculture may prescribe such regulations as may be required for determining the purity of breeding and the identity of such animal : And provided further, That the collectors of customs shall require a certificate from the Department of Agriculture stating that such animal is purebred of a recognized breed and duly registered in a book of record recognized by the Secretary of Agriculture for that breed. (&) The Secretary of the Treasury may prescribe such additional regulations as may be required for the strict enforcement of this provision. (c) * * * the provisions of this act shall apply to all such animals as have been imported and are in quarantine or otherwise in the custody of customs or other officers of the United States at the date of the taking effect of this act. Par. 1607. Animals and poultry, brought into the United States temporarily for a period not exceeding six months, for the purpose of breeding, exhibition, or competition for prizes offered by any agricultural, polo, or racing association ; bill a bond shall be given in accordance with regulations prescribed by the Secretary of the Treasury ; also teams of animals, including their harness and tackle, and the wagons or other vehicles actually owned by persons emigrating from foreign countries to the United States with their families, and in actual use for the purpose of such emigration, under such regulations as the Secretary of the Treasury may prescribe ; and wild animals and birds intended for exhibition in zoological collections for scientific or educational purposes, and not for sale or profit. Par. 1071. Eggs of birds, fish, and insects (except fish roe for food purposes) : Provided, That the importation of eggs of wild birds is prohibited, except eggs (,f game birds imported for propagating purposes under regulations prescribed by the Secretary of Agriculture, and specimens imported for scientific collections. Par. 1681. Furs and fur skins, not specially provided for, undressed. Par. 1682. Live game animals and birds, imported for stocking purposes, and game animals and birds killed in foreign countries by residents of the United St ;i t f-s and imported by them for noncommercial purposes; under such regula- tions as the Secreatry of Agriculture and the Secretary of the Treasury shall prescribe. Par. 1741. Pigeons, fancy or racing. B. S. 821 LAWS RELATING TO WILDLIFE PROTECTION 19 Par. 1765. Skins of all kinds, raw, and hides not specially provided f<»r. Par. it*;t. Specimens of natural history, botany, and mineralogy, when imported lor scientific public collections and not for sale. TITLE IV.— ADMINISTRATIVE PROVISIONS IMPORTATION OF WILD MAMMALS AND IUKDS IN VIOLATION ok FOBEXGN LAW Sec. '>'-!. (a) Importation prohibited. — If the laws or regulations of any country, dependency, province, or other subdivision of government restrict t lie taking, killing, possession, or exportation to the United States of any wild mammal or bird, alive or dead, or restrict the exportation to the United States of any part or product of any wild mammal or bird, whether raw or manu- factured, no such mammal or bird, or part or product thereof, shall, after the expiration of ninety days after the enactment of this act, he imported into the United States from such country, dependency, province, or other subdivi- sion "f government, directly or indirectly, unless accompanied by a certification of the United States consul, for the consular district in winch is located the port or place from which such mammal, or bird, or part or product thereof, was exported from such country, dependency, province, or other subdivision of government, thai such mammal or bird, or part or product thereof, has not been acquired or exported in violation of the laws or regulations of such country, dependency, province, or other subdivision of government. (b) Forfeiture. — Any mammal or bird, alive or dead, or any part or product thereof, whether raw or manufactured, imported into the United States in viola- tion of the provisions of the preceding subdivision shall be subject to seizure and forfeiture under the customs laws. Any such article so forfeited may, in the discretion of the Secretary of the Treasury and under such regulations ;i- he may prescribe, be placed with the departments or bureaus of the Federal or State Governments, or with societies or museums, for exhibition or scientific or educational purposes, or destroyed, or (except in the case of heads or horns of wild mammals) sold in the manner provided by law. (c) Section not to apply in certain cases. — The provisions of this section shall not apply in the case of — (1) Prohibited importations. — Articles the importation of which is prohibited under the provisions of this act, or of section 241 of the Criminal Code, or of any other law; (2) Scientific or educational purposes. — Wild mammals or birds, alive or dead, or parts or products thereof, whether raw or manufactured, imported for scientific or educational purposes; (3) Certain migratory (jame birds. — Migratory game birds (for which an open season is provided by the laws of the United States and any foreign country which is a party to a treaty with the United States, in effect on the date of importation, relating to the protection of such migratory game birds) brought into the United States by bona fide sportsmen returning from hunting trips in such country, if at the time of importation the possession of such birds is not prohibited by the laws of such country or of the United States. CANADIAN TARIFF ACT PROHIBITING IMPORTATION OF PLUMAGE, MONGOOSES, AND CERTAIN BIRDS The importation of bird plumage into Canada for millinery purposes is prohibited by tariff item 1212 under schedule C (prohibited goods), as' added by Bection 5 of the . Canadian Customs Tariff Act of 1914. Item 1212 prohibits the entry of the following: 1212. Aigrettes, egret plumes or so-called osprey plumes, and the feathers, quills, heads, wings, tails, skins, or parts of shins of wild birds either raw or manufactured; but this provision shall not appfy to: — (a) The feathers or plumes of ostriches; (b) The plumage of the English pheasant and the Indian peacock; the plum- age of wild birds and groups recognized as game birds in any Canadian game law, and for which an open season is provided thereunder; (c) The plumage of birds Imported alive; nor to — (e) Specimens Imported under regulations of the Minister for any natural history or other museum or for scientific or educational purposes. 20 BUREAU OF BIOLOGICAL SURVEY [S. R. A.-B. S. 82] Item 1214 under schedule C (prohibited poods), as added by the customs tariff act, effective May 24, 1922, prohibits the entry of the following: 1214. (a) Common mongoose {Hcrpestcs griseus) or mongoose of any kind; (b) Common mynah, Chinese inynah, crested inynah, or any other species of the starling family (Sturnidae) ; (c) Java sparrows, rice birds, nutmeg finch, or other species of the weaver bird family (Ploceidae) ; (d) European chaffinch (Fhngilla coclebs) ; (e) Great titmouse (Pat us major). UNIVERSITY OF FLORIDA IIIIIIIllllIlll 3 1262 09218 5304 U. S. GOVERNMENT PRINTING 0FFICE:I93!