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inclusive, of said Part 1 and all of Part 2 of said subchapter:

§ 1.1 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, flickers, and other woodpeckers; nighthawks, or bullbats, chuckwill's-widow, 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 chiefly on insects; 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.

§ 1.2 Definition of terms. For the purposes of §§ 1.1 to 1.12 of this subchapter, 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.

(e) Take. Hunt, kill, or capture, or attempt to hunt, kill, or capture.

(f) 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.

§ 1.3 Means by which migratory game birds may be taken. Migratory game birds on which open seasons are specified in § 1.4 of this subchapter 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 §§ 1.5, 1.8 and 1.9 of this subchapter, 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 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 seasons from land or water, with aid of a dog, and from a blind, boat or other floating craft not under tow or sail, except sinkbox (battery), motorboat (excluding a boat having a detached outboard motor), and sailboat; provided, that 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, 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 herein shall exclude the picking up of injured or dead water

fowl by means of a motorboat, sailboat, or other craft.

Waterfowl (except for propagating, scientific, or other purposes under permit issued pursuant to § 1.8 of this subchapter), and mourning doves and white-winged doves are not permitted to be taken, directly or indirectly, by means, aid, or use of shelled, shucked, or unshucked corn, or of wheat or other grain, salt, or other feed that has been so deposited, distributed, or scattered as to constitute for such birds a lure, attraction, or enticement to, on, or over the area where hunters are attempting to take them; provided, however, such birds may be taken over properly shocked corn and standing crops of corn, wheat, or other grain or feed, and grains found scattered solely as a result of agricultural harvesting.

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, bag limits, and possession of certain migratory game birds. During the open seasons prescribed and except as hereinafter provided in this section, ducks, geese, brant, coot, rails and gallinules may be taken daily from one-half hour before sunrise to one hour before sunset, and woodcock, mourning or turtle doves, white-winged

doves, and band-tailed pigeons from onehalf hour before sunrise to sunset. The hour for the commencement of hunting of waterfowl and coot on the first day of the season, including each first day of the split seasons, shall be 12 o'clock noon.

A person may take in any one day during the open seasons prescribed therefor not to exceed the numbers of migratory game birds herein permitted, 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 hereinafter specified, except that no person on the opening day of the season may possess any migratory game birds in excess of the applicable daily limits.

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), or 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 ground, or refuge except so far as may be permitted by the Secretary of the Interior under existing law, or on any area designated as a closed area under the Migratory Bird Treaty Act.

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:

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8 New York, north and east of the tracks of the branch line of the New York Central R. R. from Oswego to Syracuse, the main line of the New York Central R. R. from Syracuse to Albany, and the main line of the Boston & Albany R. R. from Albany to

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Proc. 2801

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he Massachusetts State line, Oct. 11 to Nov. 2; west and south of the line above de-
scribed, Oct. 18 to Nov. 9; and that part of New York known as Long Island, Nov. 1
to Nov. 15; from 12 o'clock noon until sunset on the opening day in each of these zones.
and thereafter in all of the aforesaid zones from 7 a. m, until sunset.

Scoters and eider ducks may be taken in all areas in Connecticut from Nov. 12 to
Dec. 17; and in Maine and New Hampshire during the applicable seasons for other
ducks. Such birds otherwise may be taken in open coastal waters only, beyond outer
harbor lines, in Maine from Oct. 6 to Dec. 16; in New Hampshire from Sept. 1 to Oct. 7;
in Connecticut from Sept. 18 to Nov. 11; and in Massachusetts, New York, and Rhode
Island from Sept. 18 to Dec. 17. In these States the daily bag limit is 7 scoters or eider
ducks singly or in the aggregate and not exceeding 14 in possession singly or in the
aggregate.

10 Migratory game birds of species for which no open season is provided in this schedule may be imported or transported into and possessed in this flyway only in the numbers prescribed for flyway States having an open season thereon.

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1 Bag or possession limit may include 1 wood duck only. Daily bag for American and
red-breasted Mergansers 25; no possession limit except on opening date of the season.
2 Including in such limit either 2 Canada geese or its subspecies or 2 white-fronted
geese, or 1 of each.

Not more than 15 in the aggregate of rails (other than sora), gallinules, and coot.
Shooting hours for mourning doves in States indicated-12 o'clock noon until sunset.
Illinois, in Lake and McHenry Counties, coot, rails, and gallinules Oct. 1 to Oct. 12
from 7 a. m. until 4 p. m. and thereafter during season and hours for ducks.

Others

315
315

Nov. 26-Dec. 25. Dec. 1-Dec. 30.

Oct. 16-Nov. 14.

Dec. 23-Jan. 21.
See note 7.
Oct. 2-Oct. 31.
Dec. 1-Dec. 30.
Nov. 10-Dec. 9..
Oct. 8-Nov. 6.

Oct. 1-Oct. 30.

8

Nov. 25-Jan. 8.1 Sept. 10-Oct. 24.4 Sept. 1-Sept. 30.

Sept. 1-Oct. 30.4

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Sept. 16-Oct. 5 and Dec. 24-Jan. 12.1

Sept. 16-Oct. 5 and Dec. 16-Jan. 4. Sept. 1-Oct. 30.

Sept. 10-Oct. 24.

No open season for geese in that part of Alexander County, Illinois, established as closed area by Proclamation 2748 of Oct. 1, 1947 (12 F. R. 6521).

7 Woodcock in Michigan, Upper Peninsula, Oct. 1 to Oct. 20, Lower Peninsula, Oct.
15 to Nov. 3.

8 Ducks, geese, coot on Pymatuning Reservoir in Ashtabula County, Ohio, and one-
quarter mile distant in any direction from said Reservoir, Oct. 15 to Nov. 13.

Migratory game birds of species for which no open season is provided in this schedule
may be imported or transported into and possessed in this flyway only in the numbers
prescribed for flyway States having an open season thereon.

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1 No open season on wood duck in Colorado, Kansas, Nebraska, North Dakota, South
Dakota, and Wyoming. In other States, bag or possession limit may include 1 wood
duck only. Daily bag for American and red-breasted Mergansers 25; no possession
limit except on opening day.

2 Including in such limit either 2 Canada geese or its subspecies or 2 white-fronted
geese, or 1 of each.

Not more than 15 in the aggregate of rails (other than sora), and gallinules, and coot. 4 In New Mexico, band-tailed pigeons, south of Highway 60, Sept. 16 to Oct. 15; daily limit 10, possession limit 10; no open season in rest of State.

In Oklahoma. woodcock, Dec. 1 to Dec. 30; daily limit 4, possession limit 8. 6 In Texas, mourning doves in Val Verde, Kinney, Uvalde, Medina, Kendall, Comal, Hays, Travis, Williamson, Milam, Robertson, Leon, Houston, Cherokee, Nacog doches, and Shelby Counties and all counties north and west thereof, Sept. 1 to Oct 15: in remainder of State (but not including Cameron, Hidalgo, Starr, Zapata, Webb,

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Maverick, Dimmit, La Salle, Jim Hogg, Brooks, Kenedy, and Willacy Counties) Oct. 20 to Dec. 3; in these latter counties, Sept 17, 19, and 21 from 4 p. m. until sunset, and Oct. 20 to Nov. 30, from one-half hour before sunrise to sunset.

7 No open season on snow geese in Beaverhead, Gallatin and Madison Counties in
Montana, or in Colorado or Wyoming."

In Texas, white-winged doves in Cameron, Hidalgo, Starr, Zapata, Webb, Maverick,
Kinney, Dimmit, La Salle, Jim Hogg, Brooks, Kenedy, Willacy, Val Verde, Terrell,
Brewster, Presidio, Jeff Davis, Culberson, Hudspeth, and El Paso Counties, Sept. 17.
19, and 21 from 4 p. m. until sunset; daily limit 10, possession 10; no open season in rest
of State.

Migratory game birds of species for which no open season is provided in this schedule
may be imported or transported into and possessed in this flyway only in the numbers
prescribed for flyway States having an open season thereon.

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