REGULATION 5.-ZONES.

The following zones for the protection of migratory game and insectivorous birds are hereby established.

Zone No. 1, the breeding zone, comprising the States of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Ohio, Indiana, Illinois, Kentucky, West Virginia, Michigan, Wisconsin, Minnesota, Iowa, North Dakota, South Dakota, Nebraska, Kansas, Missouri, Colorado, Wyoming, Montana, Idaho, Utah, Nevada, Oregon, and Washington-31 States.

Zone No. 2, the wintering zone, comprising the States of Delaware, Maryland, District of Columbia, Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Tennessee, Arkansas, Louisiana, Texas, Oklahoma, New Mexico, Arizona, and California-17 States and the District of Columbia.

FIG. 2.-Zones adopted under Federal law protecting migratory birds.

REGULATION 6.-CONSTRUCTION.

For the purpose of regulations 7 and 8 each period of time therein prescribed as a closed season shall be construed to include the first and last day thereof.

REGULATION 7.-CLOSED SEASONS IN ZONE NO. 1.

Waterfowl, Coots and Gallinules.-The closed seasons on waterfowl, coots and gallinules in Zone one shall be as follows:

In Maine, New Hampshire, Vermont, Massachusetts, New York (except Long Island), Ohio, Michigan, Indiana, Kentucky, West Virginia, Illinois, Iowa, Kansas, Nebraska, and Missouri the closed season shall be between January 1 and September 15 next following;

In Wisconsin, Minnesota, North Dakota, South Dakota, Montana, Idaho, Wyoming, and Colorado the closed season shall be between December 21 and September 6 next following; and

In Rhode Island, Connecticut, Long Island, New Jersey, Pennsylvania, Washington, Oregon, Utah, and Nevada the closed season shall be between January 16 and September 30 next following.

Rails, other than Coots and Gallinules.—The closed season on sora and other rails, excluding coots and gallinules, in Zone one shall be between December 1 and August 31 next following, except as follows:

Exception: In Vermont the closed season shall continue until September 1, 1918.

Black-breasted and golden plover and greater and lesser yellowlegs.—The closed seasons on black-breasted and golden plover and greater and lesser yellowlegs in Zone one shall be as follows:

In Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, and New Jersey the closed season shall be between December 1 and August 15 next following;

In Vermont, Pennsylvania, Ohio, West Virginia, Kentucky, Indiana, Michigan, Illinois, Iowa, Missouri, Kansas, Nebraska, Colorado, and Nevada the closed season shall be between December 16 and August 31 next following;

In Wisconsin, Minnesota, North Dakota, South Dakota, Montana, Idaho, and Wyoming the closed season shall be between December 21 and September 6 next following;

In Oregon and Washington the closed season shall be between December 16 and September 30 next following; and

In Utah the closed season shall continue until September 1, 1918.

Jacksnipe.—The closed seasons on jacksnipe or Wilson snipe in Zone one shall be as follows:

In Maine, New Hampshire, Vermont, Massachusetts, New York (except Long Island), Ohio, West Virginia, Kentucky, Indiana, Michigan, Illinois, Iowa, Missouri, Kansas, and Nebraska the closed season shall be between January 1 and September 15 next following;

In Rhode Island, Connecticut, Long Island, New Jersey, Pennsylvania, Washington, Oregon, Nevada, and Utah the closed season shall be between January 16 and September 30 next following; and

In Wisconsin, Minnesota, North Dakota, South Dakota, Montana, Idaho, Wyoming, and Colorado the closed season shall be between December 21 and September 6 next following.

Woodcock. The closed season on woodcock in Zone one shall be between December 1 and September 30 next following, except as follows:

Exceptions: In Illinois, Kentucky, and Missouri the closed season shall continue until October 1, 1918.

REGULATION 8.-CLOSED SEASONS IN ZONE NO. 2.

Waterfowl, Coots and Gallinules.-The closed seasons on waterfowl, coots and gallinules in Zone two shall be as follows:

In Delaware, Maryland, District of Columbia, Virginia, North Carolina, South Carolina, Georgia, Florida, Tennessee, Alabama, Mississippi, Arkansas, and Louisiana the closed season shall be between February 1 and October 31 next following; and

In Oklahoma, Texas, New Mexico, Arizona, and California the closed season shall be between February 1 and October 15 next following.

Rails, other than Coots and Gallinules.-The closed season on sora and other rails, excluding coots and gallinules, in Zone two shall be between December 1 and August 31 next following, except as follows:

Exceptions: In Louisiana the closed season shall be between February 1 and October 31; and

In California the closed season shall continue until September 1, 1918.

Black-breasted and golden plover and greater and lesser yellowlegs.-The closed seasons on black-breasted and golden plover and greater and lesser yellowlegs in Zone two shall be as follows:

In Delaware, Maryland, District of Columbia, and Virginia the closed season shall be between December 1 and August 15 next following;

In South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas the closed season shall be between February 1 and October 31 next following;

In North Carolina, Tennessee, Arkansas, Oklahoma, New Mexico, and Arizona the closed season shall be between December 16 and August 31 next following; and

In California the closed season shall continue until September 1, 1918. Jacksnipe. The closed seasons on jacksnipe or Wilson snipe in Zone two shall be as follows:

In Delaware, Maryland, District of Columbia, Virginia, North Carolina, South Carolina, Georgia, Florida, Tennessee, Alabama, Mississippi, Arkansas, and Louisiana the closed season shall be between February 1 and October 31 next following; and

In Oklahoma, Texas, New Mexico, Arizona, and California the closed season shall be between February 1 and October 15 next following.

Woodcock.-The closed season on woodcock in Zone two shall be between January 1 and October 31 next following.

REGULATION 9.-HEARINGS.

Persons recommending changes in the regulations or desiring to submit evidence in person or by attorney as to the necessity for such changes should make application to the Secretary of Agriculture. Hearings will be arranged and due notice thereof given by publication or otherwise as may be deemed appropriate. Persons recommending changes should be prepared to show the necessity for such action and to submit evidence other than that based on reasons of personal convenience or a desire to kill game during a longer open

season.

REPEAL.

Except in respect to offenses theretofore committed, on and after the date of the approval by the President of the foregoing regulations such regulations shall supersede the regulations for the protection of migratory birds approved and proclaimed October first, one thousand nine hundred and thirteen (38 Stat., 1960), as amended by regulations for the protection of migratory birds approved and proclaimed August thirty-first, one thousand nine hundred and fourteen (38 Stat., 2024), as further amended by regulations for the protection of migratory birds approved and proclaimed October first, one thousand nine hundred and fourteen (38 Stat., 2032).

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 twenty-first day of August, in the year of our Lord one thousand nine hundred and [SEAL.] sixteen, and of the independence of the United States the one hundred and forty-first.

WOODROW WILSON.

CONVENTION

BETWEEN THE UNITED STATES AND GREAT BRITAIN FOR THE PROTECTION OF MIGRATORY BIRDS IN THE UNITED STATES AND CANADA.1

WHEREAS many species of birds in the course of their annual migrations traverse certain parts of the United States and the Dominion of Canada; and WHEREAS many of these species are of great value as a source of food or in destroying insects which are injurious to forests and forage plants on the public domain, as well as to agricultural crops, in both the United States and Canada, but are nevertheless in danger of extermination through lack of adequate protection during the nesting season or while on their way to and from their breeding grounds;

The United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British dominions beyond the seas, Emperor of India, being desirous of saving from indiscriminate slaughter and of insuring the preservation of such migratory birds as are either useful to man or are harmless, have resolved to adopt some uniform system of protection which shall effectively accomplish such objects, and to the end of concluding a convention for this purpose have appointed as their respective plenipotentiaries:

The President of the United States of America, Robert Lansing, Secretary of State of the United States; and

His Britannic Majesty, the Right Honorable Sir Cecil Arthur Spring Rice, G. C. V. O., K. C. M. G., etc., His Majesty's ambassador extraordinary and plenipotentiary at Washington;

Who, after having communicated to each other their respective full powers, which were found to be in due and proper form, have agreed to and adopted the following articles:

ARTICLE I.

The High Contracting Powers declare that the migratory birds included in the terms of this Convention shall be as follows:

1. Migratory Game Birds:

(a) Anatidæ or waterfowl, including brant, wild ducks, geese, and swans. (b) Gruidæ or cranes, including little brown, sandhill, and whooping cranes. (c) Rallidae or rails, including coots, gallinules, and sora, and other rails.

1 This treaty, signed on Aug. 16 and ratified Aug. 29, 1916, will be effective on exchange of ratifications. (See Art. IX.)

The Constitution of the United States contains the following provision in regard to treaties:

"This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding." (Art. VI, par. 2.)

(d) Limicolæ or shorebirds, including avocets, curlew, dowitchers, godwits, knots, oyster catchers, phalaropes, plovers, sandpipers, snipe, stilts, surf birds, turnstones, willet, woodcock, and yellowlegs.

(e) Columbidæ or pigeons, including doves and wild pigeons.

2. Migratory Insectivorous Birds: Bobolinks, catbirds, chickadees, cuckoos, flickers, flycatchers, grosbeaks, humming birds, kinglets, martins, meadowlarks, nighthawks or bull bats, nut-hatches, orioles, robins, shrikes, swallows, swifts, tanagers, titmice, thrushes, vireos, warblers, wax-wings, whippoorwills, woodpeckers, and wrens, and all other perching birds which feed entirely or chiefly on insects.

3. Other Migratory Nongame Birds: Auks, auklets, bitterns, fulmars, gannets, grebes, guillemots, gulls, herons, jaegers, loons, murres, petrels, puffins, shearwaters, and terns.

ARTICLE II.

The High Contracting Powers agree that, as an effective means of preserving migratory birds there shall be established the following close seasons during which no hunting shall be done except for scientific or propagating purposes under permits issued by proper authorities.

1. The close season on migratory game birds shall be between March 10 and September 1, except that the close season on the Limicolæ or shorebirds in the maritime Provinces of Canada and in those States of the United States bordering on the Atlantic Ocean, which are situated wholly or in part north of Chesapeake Bay shall be between February 1 and August 15, and that Indians may take at any time scoters for food but not for sale. The season for hunting shall be further restricted to such period not exceeding three and one-half months as the High Contracting Powers may severally deem appropriate and define by law or regulation.

2. The close season on migratory insectivorous birds shall continue throughout the year.

3. The close season on other migratory nongame birds shall continue throughout the year, except that Eskimos and Indians may take at any season auks, auklets, guillemots, murres, and puffins, and their eggs, for food and their skins for clothing, but the birds and eggs so taken shall not be sold or offered for sale.

ARTICLE III.

The High Contracting Powers agree that during the period of ten years next following the going into effect of this Convention there shall be a continuous close season on the following migratory game birds, to wit:

Band-tailed pigeons; little brown, sandhill, and whooping cranes, swans, curlew and all shorebirds (except the black-breasted and golden plover, Wilson or jack snipe, woodcock, and the greater and lesser yellowlegs); provided that during such ten years the close seasons on cranes, swans, and curlew in the Province of British Columbia shall be made by the proper authorities of that Province within the general dates and limitations elsewhere prescribed in this Convention for the respective groups to which these birds belong.

ARTICLE IV.

The High Contracting Powers agree that special protection shall be given the wood duck and the eider duck either (1) by a close season extending over a period of at least five years, or (2) by the establishment of refuges, or (3) by such other regulations as may be deemed appropriate.