TITLE 50-WILDLIFE Chapter I-Bureau of Biological Survey, Department of Agriculture (including Alaska Game Commission)... Chapter II-Bureau of Fisheries, Department of Commerce. CROSS REFERENCES Part 1 201 301 Forest Service, Department of Agriculture, regulations relating to wildlife: See Parks and Forests, 36 CFR Part 241. Protection of birds and their nests under Canal Zone regulations: See Panama Canal, 35 CFR Part 18. Protection of wildlife, regulations of the National Park Service, Department of the Interior: See Parks and Forests, 36 CFR 2.7. CHAPTER I-BUREAU OF BIOLOGICAL SURVEY Part DEPARTMENT OF AGRICULTURE (INCLUDING ALASKA GAME COMMISSION) Part SUBCHAPTER A-Hunting and Pos- 22 Mountain region national wildlife session of Wildlife 1 Regulations and orders relating to migratory birds and certain game mammals 2 Importation and shipment of migratory and other species of wildlife 8 Proclamations designating areas SUBCHAPTER B-National Wildlife 11 Establishment of national wildlife 12 Administration of national wildlife refuges general regulations 16 Administration of game ranges or wildlife refuges in grazing districts refuges 23 Southwestern region national wildlife refuges 24 West Central region national wildlife refuges 25 Southern region national wildlife refuges 26 East Central region national wildlife refuges 27 Southeastern region national wildlife refuges 29 Plains region national wildlife refuges 30 Alaska region national wildlife refuges SUBCHAPTER K-Alaska Wildlife Protection SUBCHAPTER C-National Wildlife 91 Alaska game regulations Refuges: Individual Regulations 92 Alaska Game Commission: guides, 21 Pacific region national wildlife refpoisons, and licenses uges CROSS REFERENCES Bureau of Fisheries, Department of Commerce: See Chapter II. Federal game refuges within national forests and range experiment areas: See Parks and Forests, 36 CFR Part 202. General Land Office regulations relating to exchanges for migratory bird or other wildlife refuge: See Public Lands: Interior, 43 CFR Part 151. EDITORIAL NOTE: For list of abbreviations used in this chapter, see note to § 1.1. Page 1 Sec. 1.1 Definitions of migratory birds and 1.9 game mammals. Subchapter A-Hunting and Possession of Wildlife PART 1-REGULATIONS AND ORDERS RELATING TO MIGRATORY BIRDS Sec. Permits to collect migratory birds for scientific purposes. 1.10 Permits to kill migratory birds injurious to property. 1.11 1.4 Open seasons on and possession of certain migratory game birds. 1.5 Daily bag and possession limits on certain migratory game birds. 1.7 Taking of certain migratory nongame birds by Eskimos and Indians in Alaska. 1.51 Shooting of blackbirds permitted. Permitting the killing of certain birds in California. 1.8 Permits to propagate migratory 1.61 Prohibiting taking of certain miwaterfowl. gratory birds in Texas. State laws for the protection of migratory birds. CROSS REFERENCES Sale or disposal of surplus wild game birds, including migratory birds on refuges: See § 12.17 (d). General Land Office regulations authorizing the Secretary of the Interior to make land exchanges for migratory bird refuges: See Public Lands: Interior, 43 CFR Part 151. Section 1.1 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 protection 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: (a) Migratory game birds. (1) Anatidae, or waterfowl, including brant, wild ducks, geese, and swans. (2) Gruidae, or cranes, including little brown, sandhill, and whooping cranes. (3) Rallidae, or rails, including coots, gallinules, and sora and other rails. (4) Limicolae (Charadrii), or shore birds, including avocets, curlews, dowitchers, godwits, knots, oyster-catchers, phalaropes, plovers, sandpipers, snipe, stilts, surf birds, turnstones, willet, woodcock, and yellowlegs. (5) Columbidae, or pigeons, including doves and wild pigeons. (b) Migratory insectivorous and other migratory nongame birds. Cuckoos, flickers and other woodpeckers; nighthawks, or bullbats, chuck-will's-widows, poorwills, and whippoorwills; swifts; hummingbirds; kingbirds, phoebes, and other flycatchers; horned larks; bobolinks, cowbirds, blackbirds, grackles, meadowlarks, and orioles; grosbeaks, finches, sparrows, and buntings; tanagers; martins and other swallows; waxwings; phainopeplas; shrikes; vireos; warblers; pipits; catbirds, mockingbirds, and thrashers; wrens; brown creepers, nuthatches; chickadees and titmice; kinglets and gnatcatchers, robins and other thrushes; all other perching birds which feed entirely or Page 2 chiefly on insects; and auks, auklets, bitterns, fulmars, gannets, grebes, guillemots, gulls, herons, jaegers, loons, murres, petrels, puffins, shearwaters, and terns. Game mammals under the terms of the aforesaid convention between the United States and the United Mexican States include: Antelope, mountain sheep, deer, bears, peccaries, squirrels, rabbits. and hares.*+ *88 1.1 to 1.53, inclusive, issued under the authority contained in secs. 3, 4, 40 Stat. 775, secs. 2, 4, 49 Stat. 1556; 16 U.S.C. 704, 705, and Sup. In 88 1.1 to 1.12, inclusive, the numbers to the right of the decimal point correspond with the respective regulation numbers in Regulations adopted July 26, 1937, by the Secretary of Agriculture pursuant to the Migratory Bird Treay Act, approved by the President (Proclamation 2245), July 30, 1937, 2 F.R. 1355. Note that regulation 6 and part of regulation 12 are omitted from this part and appear as §§ 2.1 and 2.2, respectively, of Part 2. Bi ABBREVIATIONS: The following abbreviations are used in this chapter: Biological Survey publication, Department of Agriculture. Copper River and North Western. C. R. & N. W. Proc. R., Rs. Reg., Regs. Sec. Agric. Sec. Com. T., Tps. Executive order. Presidential proclamation. Range, Ranges. Regulation, Regulations. Secretary of Commerce. Service and regulatory announcements, Bureau of Biological Survey, Department of Agriculture. Township, Townships. 1.2 Definition of terms. For the purposes of the regulations in §§ 1.1-1.12, 2.1, 2.2 the following terms shall be construed, respectively, to mean and to include (a) Secretary. The Secretary of Agriculture of the United States. (b) Chief of the Bureau. The Chief of the Bureau of Biological Survey, United States Department of Agriculture. (c) Person. The plural or the singular, as the case demands, individuals, clubs, associations, partnerships, and corporations, unless the context otherwise requires. (d) Take. Hunt, kill, or capture, or attempt to hunt, kill, or capture. (e) Open season. The time during which migratory birds may be taken. (f) Transport. Ship, transport, carry, export, import, and receive or deliver for shipment, transportation, carriage, exportation, or importation.*† 1.3 Means by which migratory game birds may be taken. The migratory game birds for which open seasons are specified in § 1.4 may be taken during such respective open seasons with a shotgun only, not larger than no. 10 gage, fired from the shoulder, except as specifically permitted by §§ 1.7-1.10, but they shall not be taken with or by means of any automatic-loading or hand-operated repeating shotgun capable of holding more than three shells, the magazine of which has not been cut off or plugged with a one-piece metal or wooden filler incapable of removal through the loading end thereof, so as to reduce the capacity of said gun to not more than three shells at one time in the magazine and chamber combined; they may be **For statutory and source citations, see note to § 1.1. Page 3 taken during the open season from land or water, with the aid of a dog, and from a blind, boat, or floating craft except sinkbox (battery), powerboat, sailboat, any boat under sail, and any craft or device of any kind towed by powerboat 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 banding purposes under permit pursuant to §§ 1.8, 1.9) and mourning doves and whitewinged doves are not permitted to be taken by means, aid, or use, directly or indirectly, of corn, wheat, oats, or other grain or product 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, regardless of the distance intervening between any such grain, salt, or feed and the position of the taker; and in the taking of waterfowl, the use, directly or indirectly, of live duck or goose decoys is not permitted, regardless of the distance intervening between any such live decoys and the position of the taker; nor shall anything in the regulations in §§ 1.1-1.12, 2.1, 2.2 be deemed to permit the use of aircraft of any kind, or of a powerboat, sailboat, or other floating craft or device of any kind, for the purpose of concentrating, driving, rallying, or stirring up waterfowl. A person over 16 years of age is not permitted to take migratory waterfowl unless at the time of such taking he has on his person an unexpired Federal migratory bird hunting stamp, validated by his signature written across the face thereof in ink. Persons not over 16 years of age are permitted to take migratory waterfowl without such stamp.** 1.4 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, Ross's 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., and rails and gallinules (other than coot), Wilson's snipe or jacksnipe, woodcock, mourning doves, white-winged doves, and bandtailed pigeons from 7 a. m. to sunset each day during the open seasons prescribed therefor in this section, and they may be taken by the means and in the numbers permitted by §§ 1.3, 1.5, respectively, and when so taken may be possessed in the numbers permitted by § 1.5, any day in any State or Territory, or in the District of Columbia during the period constituting the open season where taken and for an additional period of 10 days next succeeding said open season, but no such bird shall be possessed in a State or Territory, or in the District of Columbia 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 Page 4 **For statutory and source citations, see note to § 1.1. |