IN WITNESS 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 10" day of August, in the year of our Lord nineteen hundred and thirty-six and of [SEAL] the Independence of the United States of America the one hundred and sixty-first.
FRANKLIN D ROOSEVELT
By the President,
- William Phillips
- Acting Secretary of State.
Amending Regulations on Migratory Game Birds
August 12, 1936
[No. 2194] BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
Protection of migratory birds.
40 Stat. 755.
16 U. S. C. §§ 703—711. WHEREAS the Secretary of Agriculture, pursuant to section 3 of the Migratory Bird Treaty Act (40 Stat. 755; U. S. C., title 16, secs. 703—711), and having due regard to the zones of temperature and to the distribution, abundance, economic value, breeding habits, and times and lines of migratory flight of migratory birds included in the terms of the 39 Stat. 1702. Convention between the United States and Great Britain for the protection of migratory birds concluded August sixteenth, nineteen hundred and sixteen, has determined when, to what extent, and by what means it is compatible with the terms of said Convention to allow hunting, taking, capture, killing, possession, sale, purchase, shipment, transportation, carriage, and export of such birds and parts thereof and their nests and eggs, and in accordance with such determinations has adopted and submitted to me regulations further amendatory of the regulations approved and proclaimed July 31, 1918, which said further amendatory regulations he, the said Secretary of Agriculture, has determined to be suitable regulations, permitting and governing the hunting, taking, capture, killing, possession, sale, purchase, shipment, transportation, carriage, and export of said birds and parts thereof and their nests and eggs, and which said further amendatory regulations are as follows:
49 Stat. 346. Regulation 3, "Means by Which Migratory Game Birds May Be Taken", is amended to read as follows:
Regulation 3.—Means by which Migratory Game Birds may be Taken
Regulations for taking modified. The migratory game birds for which open seasons are specified in regulation 4 hereof 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 regulations 7, 8, 9, and 10 hereof, but they shall not be taken with or by means of any automatic-loading or hand-operated repeating shotgun capable of holding more than 3 shells, the magazine of which has not been cut off or plugged with a one-piece metal or wooden filler incapable of removal through the loading end thereof, so as to reduce the capacity of said gun to not more than 3 shells at one loading; they may be taken during the open season from the land or water, with the aid of a dog, and from a blind, boat, or floating craft except sinkbox (battery), power boat, sailboat, any boat under sail and any craft or device of any kind towed by power boat or sailboat; but nothing herein shall permit the taking of migratory game birds from or by means, aid or use of an automobile or aircraft of any kind.