REGULATIONS RELATING TO MIGRATORY BIRDS AND CERTAIN GAME MAMMALS: 1954 [Approved by the Secretary of the Interior July 27, 1951, 16 F. R. 7513, as last amended July 9 and 23, August 6 and 23 (19 F. R. 4425, 4691, 5130 and 5519). Part 6, Chapter I, Subchapter B, Title 50, Code of Federal Regulations] § 6.1 Definitions of Migratory Birds and Game Mammals (a) Migratory Birds: 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: (1) Game Birds: (i) Anatidae, or waterfowl, including brant, wild ducks, geese, and swans. (ii) Gruidae, or cranes, including little brown, sandhill, and whooping cranes. (iii) Rallidae, or rails, including coots, gallinules, and sora and other rails. (iv) Limicolae (charadrii), or shorebirds, including avocets, curlews, dowitchers, godwits, knots, oyster-catchers, phalaropes, plovers, sandpipers, snipe, stilts, surf birds, turnstones, willet, woodcock, and yellowlegs. (v) Columbidae, or pigeons, including doves and wild pigeons. (2) Insectivorous and Other Nongame Birds: Cuckoos (including road-runner and anis), flickers, and other woodpeckers; nighthawks, or bullbats, chuck-will's-widow, poor-wills, and whip-poor-wills; swifts; hummingbirds; kingbirds; phoebes, and other flycatchers; horned larks; bobolinks, cowbirds, blackbirds, grackles, meadowlarks, and orioles; grosbeaks (including cardinals), finches, sparrows, and buntings (including towhees); tanagers; martins and other swallows; waxwings; phainopeplas; shrikes; vireos; warblers; pipits, catbirds, mockingbirds, and thrashers; wrens; brown creepers; nuthatches; titmice (including chickadees, verdin and bushtits); kinglets and gnatcatchers; robins and other thrushes; and auks, auklets, bitterns, fulmars, gannets, grebes, guillemots, gulls, herons, jaegers, loons, murres, petrels, puffins, shearwaters, and terns. (b) Game Mammals: 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. § 6.2 Definition of Terms For the purposes of $8 6.1 to 6.10, the following terms shall be construed, respectively, to mean and to include: (a) Secretary.-Secretary of the Interior of the United States. (b) Director.-Director, Fish and Wildlife Service, United States Department of the Interior. (c) Regional Director.-Regional Director, Fish and Wildlife Service, United States Department of the Interior. (d) Person. Individual, club, association, partnership, or corporation, any one or all, as the context requires. "O... DAVIS NOTE.-Persons desiring information regarding further restrictions on seasons, bag and possession limits, and other hunting provisions should communicate with appropriate State officials, whose addresses are given on p. 13. The Migratory Bird Treaty Act of July 3, 1918, provides that the taking of migratory birds is unlawful except as permitted by regulations adopted by the Secretary of the Interior. Open seasons are prescribed only for certain migratory game birds and these are listed under section 6.4. 313670°-54 RARY (e) Take.-Hunt, kill, or capture, or attempt to hunt, kill, or capture. Open season.-Time during which migratory game birds may be taken. (g) Transport.-Ship, carry, export, import, and receive or deliver for shipment, conveyance, carriage, exportation, or importation. § 6.3 Means by Which Migratory Game Birds May Be Taken (a) Migratory game birds on which open seasons are specified in § 6.4 may be taken during such seasons only with bow and arrow or with a shotgun not larger than No. 10 gage, fired from the shoulder, except as permitted by § 6.5, 6.8, and 6.9, 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 without disassembling the gun so as to reduce the capacity of the said gun to not more than three shells at one time in the magazine and chamber combined. Such birds may be taken during the open season with the aid of a dog and from land or water (including a blind, or a boat or other craft not under tow, but not including any boat or other craft having a motor attached or any sailboat unless such boat, craft, or sailboat is beached, resting at anchor, or fastened within or tied immediately alongside of any type of fixed hunting blind): Provided, That nothing in this section shall permit the taking of migratory game birds from or by means, aid, or use of any sinkbox (battery), motor-driven conveyance, motor vehicle, or aircraft of any kind, the taking of waterfowl by means, aid, or use of cattle, horses, mules, or live duck or goose decoys, the concentrating, driving, rallying, or stirring up of waterfowl and coots by means or aid of any motor-driven land, water, or air conveyance or sailboat: Provided further, That nothing in this section shall prohibit the picking up of injured or dead waterfowl, coots, rails, or gallinules by means of a motorboat, sailboat, or other craft. (b) (1) Migratory game birds may not be taken by the aid of salt, or shelled or shucked or unshucked corn, wheat, or other grains, or other feed or means of feeding similarly used to lure, attract, or entice such birds to, on, or over the area where hunters are attempting to take them. (2) As used herein, the terms "shelled or shucked or unshucked corn, wheat, or other grains," or "other feed or means of feeding similarly used," shall not be construed as including properly shocked grain, standing crops (including aquatics), flooded standing crops, flooded harvested crop lands, or grains found scattered solely as a result of normal agricultural planting or harvesting. Nothing in this section shall be construed to apply to propagating, scientific, or other operations in accordance with the terms of permits issued pursuant to this part. (c) No person over 16 years of age may 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 may take migratory waterfowl without such stamp. § 6.4 Open Seasons, Bag Limits, and Possession of Certain Migratory Game Birds (a) Migratory game birds may be taken from one-half hour before sunrise to sunset during the open seasons prescribed except as hereinafter provided in this section. The hour for the commencement of hunting waterfowl and coots on the first day of the season, including each first day of the split seasons, shall be 12 o'clock noon. (b) A person may take in any one day during the open seasons prescribed therefor not to exceed the numbers of migratory game birds permitted in this section which numbers shall include all birds taken by any other person who for hire accompanies or assists him in taking such birds. When so taken such birds may be possessed in the number specified in this section, except that no person on the opening day of the season may possess any migratory game birds in excess of the applicable daily limits and no person may possess any freshly killed migratory game bird during the closed season for such bird. (e) Nothing in this part 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), or 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 ground, or refuge, or on any area designated as a closed area under the Migratory Bird Treaty Act except so far as may be permitted by the Secretary of the Interior. (d) No migratory bird may be taken at any time, by any means, from, on, or across any highway, road, trail, or other right-of-way, whether public or private, within the exterior boundaries of any duly established national wildlife refuge. (e) The open seasons (dates inclusive) on the following migratory game birds only, the daily bag and possession limits, and the exceptions to the hours of hunting heretofore stated, shall be as shown in the following schedules: 1 New Jersey: Rails (other than sora), possession limit 15. 15 1.30 No open season in District of Columbia but migratory game birds may be possessed therein in accordance with § 6.6 (c). 1 Alaska: Ducks, geese, brant, and coots. In the First Judicial Division and the Kodiak-Afognak Island group, Sept. 15 to Nov. 28. In the Second, Third (except Kodiak-Afognak Island group), and Fourth Judicial Divisions, Sept. 1 to Nov. 14: Provided, That old-squaw, harlequin, scoter, eider, and merganser ducks may be taken in the Third Judicial Division west of 152° west longitude and in the Second and Fourth Judicial Divisions from Sept. 1 to Dec. 15. The daily bag limit for old-squaw, harlequin, scoter, and eider ducks is 10 singly or in the aggregate, and the possession limit is not more than 20 singly or in the aggregate of all kinds. The daily bag limit for American and red-breasted mergansers is 25 singly or in the aggregate of both kinds with no possession limit after the first day of the season. Limits for other ducks, 7 a day, 14 in possession. Other limits: coots, 15 a day, 15 in possession; brant, 3 a day, 6 in possession; and geese, 3 a day, 6 in possession, of one kind or in the aggregate of all kinds of geese. 2 Alaska: Wilson's snipe or jacksnipe. In the First Judicial Division and the Kodiak-Afognak Island group, Sept. 15 to Sept. 29. In the Second, Third (except Kodiak-Afognak Island group), and Fourth Judicial Divisions, Sept 1 to Sept. 15. Daily bag and possession limit, 8. |