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A SUMMARY OF FEDERAL, STATE, AND PROVINCIAL STATUTES

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UNRESTRIC

NRESTRICTED SHOOTING means depleted numbers of
game birds and mammals or even their local extinction. It is to
prevent these conditions, as well as to maintain an ample breed-
ing stock for the production of an annual surplus of game, that
game-administrative laws prescribe definite open seasons, bag limits,
and other protective measures. Game administration involves more
than the mere exercise of police power for the protection of wild life.
Too frequently game laws are considered to have protection as their
sole end, and consequently in some States they are so inelastic as to
prevent modification to meet changing conditions and customs.
Fortunately, however, a number of States recognize the need for more
elastic laws and have empowered game officials to develop and execute
conservation programs that may be modified as changing conditions

warrant.

In the United States and Canada many game laws are enacted by
States and Provinces, and some, national in character, are written on
the statute books of the Nation and the Dominion. Among the most
far-reaching of these are laws that were passed in 1918 authorizing
regulations thereunder to give force to a treaty between the United
States and Great Britain for the protection of North American migra-
tory birds. In the United States and Canada these are known, respec-
tively, as the migratory-bird treaty act and the migratory-birds
convention act.

It is one of the functions of the United States Department of
Agriculture to conserve game and to protect migratory birds. Its
jurisdiction was extended to game in 1900 by the passage of the Lacey
Act, which supplements State legislation by regulating interstate
commerce in game and governs the importation of foreign animals
and birds. This act has proved of material assistance in the sup-
pression of illegal interstate traffic in game, and since its passage no
injurious foreign species of bird or animal, so far as know gained a foothold in this country.

In 1913 the first Federal migratory-bird law was passed a enforcement placed in this department, as also was the admin tion of the subsequent treaty legislation. The act of 1918 measure that has had a most beneficial effect in coordinating laws relating to migratory game birds and is generally observe in most places respected. This legislation conferred upon department power to regulate the taking, possession, and dispo of migratory ry birds. The fundamental principles that underli regulations adopted for its enforcement include the abolition of s shooting, the suspension of the sale of migratory game birds, an prescription of definite, reasonable, daily bag limits. Unde terms of the treaty open seasons are restricted to a period not ex ing three and one-half months in any one year.

Protection by restriction on hunting, however, is only on several possible means of carrying into effect the objects of the i national agreement. Its intention can be defeated in spite of laws if the birds are denied the use of the breeding and resting gro that they have enjoyed for countless generations. The present standing need of our birds is a series of refuges in their accusto habitat. The spread of civilization and consequent comme developments have made serious inroads into the breeding and ing grounds of all wild life, especially in the comparatively lim areas suitable for migratory wild fowl. Unwise drainage of m marshes and lakes throughout the country also has destroyed 1 water areas chiefly suitable for the production of wild-bird, ani and fish life, without compensating benefits.

Reservations of various kinds have been set aside by governme action from time to time, and some of them directly and some cidentally protect wild life. One of the best known of the latter is the Yellowstone National Park, established by act of Congres 1872. Other national parks have been set aside since then, milit parks have been established on famous battle fields, and natio monuments have been created for the preservation of objects historic and scientific interest, and on all these, wild life is incident protected by the administering agencies. These include the Fo Service, the National Park Service, the Bureau of Fisheries, Bureau of Lighthouses, and the War and Navy Departments. 5 Bureau of Biological Survey administers 76 game and bird reser tions directly created for the protection of wild life, some by Exe tive order and others by act of Congress. All are bird refuges a five are stocked with big game.

One of the most important of these reservations is the Upp Mississippi River Wild Life and Fish Refuge, administered join by the Departments of Agriculture and Commerce, the lands which are now being acquired by the Biological Survey. This a the bird refuges administered by that bureau at Big Lake, Ark., a at Malheur Lake, Oreg., are among the few refuges now under Feder control that are important as breeding, feeding, and resting groun for migratory game birds.

The preservation of Malheur Lake, Oreg., Lower Klamath Lak Calif., and the Bear River marshes, in Great Salt Lake, Utah, wild-fowl resorts is now being investigated by the Biological Surve through the cooperation of western sportsmen, who are raising a fund to be expended by the United States Department of Agriculture for the purpose. To maintain a sufficient supply of fresh water for ducks and other birds is the underlying purpose of the present cooperative Bundertaking. A continuous fresh supply is essential not only for the prevention of the already serious alkali poisoning of the ducks but also for maintaining food plants that have heretofore been destroyed by the influx of salt and alkaline waters. The cost, kind, and location of dike construction and other improvements needed to maintain the water supply is being determined in cooperation with the Bureau of Public Roads as a basis for corrective legislation.

Increased numbers of migratory wild fowl tax the feeding and carrying capacity of their ever-diminishing range and create urgent - problems concerned with their maintenance. Sportsmen and conservationists generally, realizing the necessity for a sustained program - in connection with the development and maintenance of wild-fowl - breeding and feeding areas throughout the country, have been endeavoring to bring about a system for financing Federal activities along these lines. Bills have been pending in Congress for several years to authorize the issuance of a $1 annual Federal license to hunt migratory game birds, the proceeds to be expended in the acquisition and maintenance of suitable marsh and water areas for the use of migratory wild fowl, with restrictions on the amount that may be - spent in the administration and enforcement of Federal game laws. - This plan of financing Federal activities is a logical outgrowth of - game protection in this country, where the hunting license has - become recognized as a source of financing State conservation measures. Many sportsmen and conservationists familiar with the needs of wild life are of the opinion that unless a definite, adequate Federal conservation program is established in the near future, most of the development and results of the past decade will soon vanish.

In Alaska the Department of Agriculture has been concerned with the protection of wild life since the first general game law for the Territory was enacted in 1902. The law was revised in 1908, but adequate provision for conservation in Alaska, particularly with reference to land fur-bearing animals, was not made until the passage of the Alaska game law of 1925, which provides for the protection of wild life in the Territory and creates a commission of five resident members, one of whom is the chief representative of the Biological Survey in Alaska. Under the guardianship of resident commissioners appointed by the Secretary of Agriculture, and the close cooperation of the Biological Survey, through representation on the commission, there is an encouraging outlook for the future of Alaskan wild life.

REVIEW OF LEGISLATION OF 1927

The legislatures of all the States except Kentucky, Louisiana, Mississippi, and Virginia were in session since the last bulletin on the game laws was issued. (Farmers' Bulletin No. 1505, Game Laws for the Season 1926-27.) Most of the changes in State game laws were of minor importance, except in Arkansas, Florida, Indiana, Maryland, Missouri, Montana, North Carolina, Oklahoma, ington, and Wisconsin, where more or less extensive revis State game laws were made.

FEDERAL LEGISLATION

The migratory-bird refuge bill (S. 2607-H. R. 7479) was and reintroduced in the Sixty-ninth Congress, and favorably re to both the Senate and House, but failed of passage before ad ment. Another bill that failed of passage was one (S. 545416807) to establish a migratory-bird refuge at Bear River Bay, Salt Lake, Utah, and to authorize an appropriation of $350,0 the construction of dikes and ditches necessary to flood the are fresh water and prevent the alkali poisoning of the great hor migratory wild fowl that annually frequent this section. Th passed the Senate, was favorably reported to the House by the mittee on Agriculture, the Bureau of the Budget approved th mate to carry out its provisions, and the item was transmitt the President to Congress to be included in the deficiency bil this failed of final approval in the closing days of the Congress Changes in the Federal regulations had the effect of makin open season in northern Idaho on waterfowl, coots, gallinules Wilson snipe, or jacksnipe, uniform with that in Montana, climatic conditions are similar. The season in California on same species was restored to the period formerly obtaining, Oc 1 to January 15.

The use of sinkboxes (batteries) was prohibited, except in co sounds and bays (including Back Bay, Princess Anne County, and other coastal waters, where they may be used if placed no than 700 yards from the mainland or an island at ordinary high and not less than 700 yards from any other sinkbox (battery). use of airplanes, power boats, sailboats, or other floating device the purpose of concentrating, rallying, or stirring up migratory w fowl to improve shooting conditions was also prohibited.

The season on greater and lesser yellowlegs was closed for years until August 16, 1929, so that the only shore birds that ma taken during the next two hunting seasons are Wilson snipe, or snipe, and woodcock. Canada also closed the season on yellow for two years.

Investigations indicate that woodcock are holding their ow New England and certain other portions of their range but are dec ing elsewhere, so that in order to safeguard the species the bag L was reduced from six to four a day.

Regulations 2 for the administration of the Upper Mississippi R Wild Life and Fish Refuge, issued jointly on June 24, 1927, by Departments of Agriculture and Commerce, prescribe the condit under which hunting and other recreational activities, including ing and trapping, will be permitted on the reservation, the gen plan being to allow the public the freedom of the refuge as far possible consistent with the protection and conservation of wild both animal and plant, found within its borders. The danger fr neglected camp fires is especially stressed in the regulations.

Full text of the regulations will be found in Service and Regulatory Announcement, B. S. No. 67, w may be obtained free from the United States Department of Agriculture on request.

The act of Congress of June 14, 1926 (44 Stat. 741), should prove of great assistance in the establishment of local parks and recreational centers, as it authorizes the Secretary of the Interior to withhold public lands on the request of States, counties, or municipalities for recreational purposes.

An important addition to the area of the Winter Elk Refuge at Jackson Hole, Wyo., was provided for by the act of February 25, 1927 (44 Stat. 1246), authorizing the Secretary of Agriculture to accept on behalf of the Federal Government a gift from the Izaak Walton League of America of certain lands in Teton County, Wyo., adjoining the refuge. This area will greatly assist in providing for the elk that winter in the region.

The conservation of the Yellowstone elk herd, which winters in the region of Jackson Hole, Wyo., was the subject of a four-day conference held in Washington the first week in March, 1927, by the subcommittee on the conservation of the Jackson Hole elk under the President's committee on outdoor recreation. The report and recommendations of this subcommittee, published in July, 1927, offer constructive suggestions for the maintenance of the herd. It was recommended that the number of the herd be provisionally fixed at 20,000 animals, and that the refuge be enlarged by the withdrawal from entry of unreserved, unappropriated public lands contiguous to the refuge, and the appropriation of additional funds by Congress for the purchase and maintenance of private lands to be added to the refuge. These are needed to supplement the resources afforded by the lands already controlled, so that adequate winter feed and protection may be provided for 20,000 elk in the region. It was also recommended that provision be made for the economic utilization of the annual surplus of the herd.

In effect, a public shooting ground is provided for by the act of March 3, 1927 (44) Stat. 1359), establishing an area on the western boundary of the California National Forest under local control for recreational purposes and for preserving the right of the public to hunt and fish thereon.

The act of March 4, 1927 (44 Stat. 1452), to provide for the protection, development, and utilization of public lands in Alaska by establishing an adequate system for grazing livestock thereon, is of importance in aiding the establishment of the reindeer industry on an organized basis and should prove beneficial to the future of that industry in the Territory. Reindeer are considered domestic animals in Alaska, and a number of States that heretofore prohibited the sale of reindeer meat have modified their laws to permit this traffic.

Federal bird refuges recently established include Johnston Island Reservation in the Pacific Ocean, the Columbia River Bird Refuge in Washington, the Savannah River Bird Refuge in South Carolina, the McKay Creek Bird Refuge in Oregon, and the Curry Game, Bird, and Fish Refuge in Alaska. All these reservations were established by Executive order reserving public lands for the purposes mentioned.

The orders of the Secretary of Agriculture, under which the killing of reedbirds, or ricebirds, has been permitted since 1919 during prescribed seasons in certain eastern and southeastern States for the protection of the rice crop in the South, has been rescinded. Provision has been made, however, for the chief State game officials in

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