Laws of Georgia for the protection of game birds and fish: and other matter for the people of Georgia as pertaining to the important work of this department, bulletin 6, 1916

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GEORGIA CHART

"OPEN SEASONS"

Deer, either sex

October 1st to December 1st

Cat Squirrels

October 1st to March 1st

O'Possum

October 1st to March 1st

Quail or Bob White, Wild Turkeys,

Plovers

November 20th to Mlarch 1st

Doves '"

August 1st-31st inc., Nov. 20th to March 1st

Woodcock, Wood or Summer Duck .... September Ist to Jan. 1st

Migratory Duck (Nat'l Law, Nov. 1st to Feb. Ist)September 1st to April 20th

Snipe

" . National Law, November 1st to February 1st

Marsh Hens. . . . . . . . . . . . . .. ational Law, Sept. 1st to Dec. 1st
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BAG LIMIT

Deer

2 in one season

Cat Squirrels

IS in one day

Quail, Doves, Summer or Wood Duck, Woodcock

Snipe and all Game Birds except Migtratory

Ducks

25 in one day

Migratory Ducks

50 in one day

Absolute protection is given, for a period of years, to Fox Squirrels, Fawns, Pheasants, Grouse and all imported Game Birds and animals.

LICENSE FEES-
To Residents good in home county only, $1.00. To Residents, good in any county in state, $3.00. To Non-Residents! good in any county, $15.00.

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To the County and Deputy Game TVardells: In the performance of the duites encumbent upon you, I would
make the following sugge bon : In your efforts to enforce the Game and Fi h Law be always.
moderate, tactful and impartial. Let it be known to the people whom you serve that it is your
desire and determination to "'in their good will and re pect. Let them understand that it i your wish to do all that is pos-
sible to familiarize them with the la\\', that they may know it benefits and respect it. That it i neyer a plea ure for you to prosecute them, but when they know the law and refuse to re pect it you have then no other cour e open to you. In uch case let your prosecutions be vigorou , being rea onably ure, alw'ays, of t:,e guilt of the party accused.
'When in doubt as to what to do communicate promptly with the Department.
State Game and Fish Commissioner.
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DEPARTMENT OF GAME AND FISH
Chas. S. Arnow, Commissioner f
ATLANTA, GEORGIA, December, 1916.
To the People of Georgia:
About a year ago we had printed, and have since distributed, "Bulletin o. 5."
This edition having been exhausted, and some changes having been made in the game laws since then, we now ask you to read this, our sixth annual bulletin.
The changes in the game law have proven popular, and are, I believe mostly good, and being the result of a general and popular demand have had the effect of increasing interest in and respect for those laws.
As time passes, conditions change, making necessary changes both in the game and fi h laws, the purpose being, always, to provide better protection, and at the same time have those laws so fair and just as to win the approval and respect of the people.
The people of Georgia are law-abiding. While there are of course exceptions, and all laws are sometimes violated, as a rule if a law is equitable and just, and its enforcement uniform and impartial the people are usually found almost solidly behind it.
\tVhile there may have been, and may yet be imperfections in our Game and Fish laws we should bear in mind that those laws are made for the benefit of the people themselves, and are intended to protect and conserve that which is, and must continue to be among our greate t assets, and it should be our aim to strengthen and perfect those laws, whenever and wherever possible, while it is clearly our duty to respect them.
Game birds and animals were put here for our use, and apart from their food value, which is considerable, we must con ider the recreation and plea ure that comes to those who enjoy the pursuit of game. In times of Peace or War the sportsman is found to be mentally and physically "fit" and if you will show me a true sportsman I'll show you a Real Man. That this invigorating, manly and health-giving sport may be perpetuated makes necessary adequate laws for the protection of game, vigorously and impartially enforced.
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And then again, those laws should and do protect the many species of song and insectivorous birds, the great economic value of which is just beginning to be realized. The farmers now know that their best friends are the birds that were once regarded with indifference and even contempt, and they understand that successful agricultue would be impossible without the great work of those birds, some of which are busy every day in the year, in the fields, destroying both insects and seeds of weeds and grasses.
The school children have become interested in the great subject of bird protection, and even the boys, who, seldom bad but often thoughtless, once sought to kill these innocent and useful feathered friends are now found feeding, and providing homes for them.
As I hope these words will be read by many of our boys and girls I am going to ask them, when in doubt as to whether a bird is "good" or "bad" to give him the benefit of the doubt, and let him live and be given an opportunity of proving that there is muc:" more good than bad in nearly all of them.
This is a safe rule, whether applied to birds or people.
The question is being asked every day: "Do Quail destroy the boll weevil?" Basing my opinion upon information received from both State and Federal Authorities on the subject, I would say that the Ebb White cannot properly be classed among the birds which feed on the weevil. While reports of boll weevils being found in the crops of quail, in this state recently, might indicate the reverse, the explanation is probably found when it is said few people know a boll weevil when they see it, particularly after it has passed into the stomach of a bird, and other insects are mistaken . for them. It is of course possible that the quail may acquire an appetite for this bug, but this remains to be proven, and full investigations, with t11at end in view, will be made next summer, and 'Je result made public.
I wish to thank the officers, sportsmen, newspapers and the people, generally, who have given me their support in my efforts
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to protect our wild life, and fish, and to assure them that their continued friendship and interest will be highly appreciated.
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State Game and Fish Commissioner.
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WHY SHOULD BIRDS BE PROTECTED?
"Mr. Cha~les S. Arnow, Chief Game Warden of Georgia. :1.:IS asked me to state why birds should be protected, as indicated hy my long years of study and observation of the avian kingdom.
"It would be easy to say that birds as a rule are harmles~. beautiful, many of them fine musicians, and finally, they add life and color to the world; a moving picture show wherein Gorl r~'1eals Himself for his glory and our good.
" or is it much harder to say that a large class of bird acts as the final check on the spread of harmful insects, thus S<l vjng the world's vegetation from ruin; and another large class feeds s::> extensively on the seeds of noxious plants as to keep these plants \Yell within limits; another cia s, the mighty raptores, or birds of prey, wage war on the rodents, or gnawing animals of the world, 3uch as rats, mice, moles, rabbits, squirrels, gophers and marmots and t:lereby keep this fecund class from over-running creation; still another class acts as scavengers, removing dead and decomposing boclies. The vultures do this on land, the gulls and their allies in the :1arbor and along the strand.
"But when these things are said they fail to convince. unless reasons are given and explanations, showing how such wor k is clone. The subject is a vast one. On it thousands of books have been written, and there is still a great deal to say, as there a.ways will be. Out of the store-house of nature fresh facts are being brought to light daily, and so every new illustration is available.
Something of the Bird's Frame
"The bird differs from other animals in being covered with feathers. This is the sole difference. Reptiles and fish lay eggs, as do the Australian water mole, ornithorhyncus, and the echidna or ant-eater. Likewise other things, such as the bat (a mammal or suck-giving animal), the flying fish, the flying squirrel, the flying lemur, and so on fly; but the bird alone is covered with feathers.
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'However, birds are rna ters of the air. They pa s from land to land, cross ocean and continents, circle high mountains and traverse both desert and jungle; they have been found almost within sight of the two pole of the earth, and the widest sea reaches are frequented by birds, such as the Wandering Albatross.
"The sight is far keener than that of any other animal, and the digestion is rapid, due to rapid respiration, and high body temperature, for the temperature of the bird's body is 112 degrees F., as against 98 degrees in the human body. The constant working of the wings makes a constant supply of food a neces ity. Birds quickly lose flesh and die if food be lacking.
"The chief difference of structure between insect-eating birds and eed or grain eaters lies in the enlarged gullet or crop of seedeating birds, which is entirely lacking in insect-eaters. The insecteating birds, of which blue birds and robins are good examples, po se s a gullet that i imply a hollow tube runnin<Y down the first division of the stomach (proventriculus); tIie second division, the <Yizzard (or gigerium) is present in all bird. Here food receives its final grinding.
"When eating insects it is the habit of such birds to break off wings and legs, and ometime the head, the solid body being wallowed. 'Vhen both gullet and proventriculus are packed to their capacity, there begins a spasmodic or involuntary contraction of the alimentary canal; the juice is squeezed out of the insects, taken up by the lacteal 'eins and carried to the various body tissues fo;r nourishment. 'When no further juice exudes, the canal walls relax and the bird vomits forth undigested portions, just as a snake vomits out the horns, hoofs, hair and hide of an animal. This process consumes about one hour and a half.
"At the end of thi time the bird's stomach is empty and feeding must at once begin. Hence in a long summer day a bird will fill its stomach about ten times; in shorter days from six to eight times. So that if one hundred average insects are consumed at a meal (this is below the real average), the total for a whole day is impressive, even for a single bird. For one hundred birds it becomes
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amazing, while for the thousands of birds in a single community it dazzles the mind to attempt to figure it out.
"This explanation will show what a vast amount of insect diet is required to feed the birds of a county, say, \ hat an immense and incalculable amount would be required for the birds of a State like Georgia.
"A little more explanation will still further help to an understanding.
Insects
"From the dawn of time man has battled with insects. The more he makes the more insects multiply, because their food supply becomes practically unlimited.
"Huxley, the celebrated British systematist, estimated that ten generations of the Phylloxera vastata, an aphid or plant louse, that destroys the grape vines of Europe, would equal in bulk five hundred mi11ion human beings or, roughly, the population of the Chinese empire. Fortunately for the world these pests feed on nothing but grape vines; hence when the supply of vines fails, they perish of starvation. The hop vines aphis (Phorodon humuli) has thirteen generations in a year and the number in the twelfth generation alone, if all came to maturity, would exceed ten sexti11ions; and if placed in line, ten to the inch, would pass out into space far beyond the most distant fixed star ever seen by the greatest te1escope---1d. distance so vast that light would require twenty-five years to span it, even though traveling at the rate of 186,000 miles a second.
"While these are extreme cases, insects reproduce their kind at an extremely rapid rate.
"They rare also so voracious that actual measure shows that the caterpillar of the American silkworm moth devours eighty-six thousand times its own weight in fifty-six days.
"History, even in modern times, abounds with instances where whole countries have been over-run and all living things devoured by hordes of insects. South Africa has been swept time and again by grasshoppers or locusts; so has Australia; so have the Phillipines and China; and in 1877 an army of small grasshoppers caused a
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famine in Kansas, entailing a loss of two hundred million dollars.
"It should be remembered that insects occur in four forms, namely, the egg (I), the larva or creeping form (2), the pupal or chrysalid (3), and the adult insect or imato (4).
"Small birds, such as the titmice, nut hatches, brown creeper and many of the warblers, feed largely on the eggs of insects and consume many thousands each day. Moreover, the largest caterpillars, when newly-hatched, are tiny and these are eaten in great number by the small birds.
"In the larvel or caterpillar stage, insects are warred on by still more birds. Robins tear open the pupal cases of insects in winter, as do other birds, and destroy the pupal. When the insect has reached the adult stage, as butterfly, moth, beetle, or what not, another class of bird devours it. At every stage of an insect's life some bird makes direct war on it. Cuckoos eat the spiny caterpillars until the pines pierce the bird's stomach walls, the outside of which resembles a hair-brush.
"Ground-dwelling insects are attacked, by several species of birds. Insects that live on the ground are eaten by thrushes and other ground-feeding birds. Insects that live in the ground are bored for by the meadow lark, the gracklers and other birds. Insects that bore into trees are caught by woodpeckers. One of the woodpeckers, the well-known flicker or yellow-hammer makes a specialty of eating ants. As high as five thousand ants have been found in a flicker's stomach. They" ere eaten at a single feed.
"The flycatchers take insects on wing, as do the swallow family, one of the most interesting of which is the Purple M'artin, or 'Gourd Martin.'
"Small warblers and vireos search the leaves and branches for insects and their eggs.
"The Partridge appears to be the only bird that eats the potato beetle to any extent-at least in the South. The Rose-breasted Grosbeak eats potato bugs in the North.
"The gypsy moth in Massachusetts, with its cousin, the brown-tailed moth, crickets in Utah, alfalfa weevils in the Far
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West, the Colorado potato beetle, the two-lined chestnut borer. the pine bark beetle, the corn "budworm,' and the boll weevil in cotton, are all present examples of the destructive march of inse~ts. They are all equally striking examples of what happens when insecteating birds are slaughtered.
"Man may upset the great balance of nature; but he cannot readjust it. ature's own forces alone suffice to maintain t:,e metes and bounds.
"The annual damage to crops, forests, stored products and cattle in the United States by insects exceeds a billion dollars and is still rising.
"An equally important office is performed by hawks and owls in keeping rats and mice in check; for the rodent tribe is hardly less fecund than insects. A pair of rabbits will have thirteen million, seven hundred and eighteen thousand descendants in three years, according to the official estimate of the Australian government. ustralian farmers have had to fight for their very existence, and in most of the commonwealth today it i only possible to rai e crops by enclosing fields with woven wire fencing. There are but two bad hawks, the blue darter and the Cooper's hawk or 'chicken hawk,' and but one bad owl, the great horned owl. The rest are worth their weig:1.t in gold. Whene, er hawks and owls are killed off rats and mice will make the farmer howl.
"The vultures perform an ab olutely indi pe'n able office in cleaning away carrion, for in dead bodies many of the wor t flesh flies breed insect that menace the human ra'ce with pestilence. V ultures can only carry germs of hog cholera when man himself is .to blame for it by leaving carcasses where his hogs can feed on them or by feeding offal to his hogs, which will attract vultures. The free grass ranges of South Carolina and Georgia keep cholera alive and rampant.
"So the sea birds clean the world's harbors, by eating dead fish, dead cats, <:lead dogs, and the thousand and one things that float seaward from all earth's rivers. These bird occasionally come inshore and help put down an insect outbreak. This happened in Utah (1848) and in Kansas (1877) and has happened in many other places.
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"The seed-eating birds, as doves and sparrows, rr example, destroy thousands of tons of weed seed each winter, reducing the labor of the farmer.
"In short, when it is calmly considered, birds everywhere and at all times perform a migilty work in nature, 'doing the King's work all the dim day long.' One of the last words of Moses (Deut. 22:6 and 7), in the shadow of Mount ebo, was to save the birds; in the first chapter of Genesis God says let them multiply: and who are we that should know more than these?
"JAMES HENRY RICE, JR."
II

GEORGIA GAME AND FISH
LAWS
ACTS 1911-12
AS AMENDED 1916
SECTION 1. Be it enacted by the General Assembly of Georgia, That the department of game and fish be established, to be in charge of the game and fish commissioner, who shall be appointed by the governor, and the term of whose office shall be for a period of two years, beginning September I, 19II, or until his successor is appointed and qualified. Any vacancy in the office by death or otherwise, shall be filled by appointment of the governor.
SEC. 2. Said commissioner shall receive a salary of not exceeding $2,000.00 per annum, payable alone out of the fund hereinafter mentioned, and provided by virtue of this ad, and he shall give his entire time to the service of the State as such game and fish commissioner.
SEC. 3. Said commISSIOner shall give bond in dte sum of $4,000 payable to the governor of the state, with two or more solvent securities, conditioned for the faithful performance of the duties of his office and a proper accounting of all moneys that may come into his hands as commissioner. He shall keep a public record correctly disclosing all moneys received and expended, the number of hunters' licenses, the number of wardens employed, with their names, and counties in which they serve. Also the name of
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each person prosecuted for violation of this act, the amount of fines imposed and collected in each case, and all such information as may be necessary to the affairs of the department. ~ The books and accounts of said commissioner shall be audited in the same way as other books and accounts of the other departments of the state are audited. He shall have a seal of office.
SEC. 4. It shall be the duty of said commissioner to see that the laws now or hereafte~ enacted for the protection, propagation and preservation of game animals, game birds and fish in this State are observed, and that violations of said lawlS are promptly and speedily prosecuted. It shall be his duty to seize or cause to be seized game birds, or other animals and fish caught or killed at a time or in a manner, or which have been shipped, contrary to the provisions of this act. Such game or fish so seized shall be donated to some charitable institution in this State, except live game birds, animals or fish, which shall be liberated. He shall, with wardens and deputy wardens and ex-officio wardens, be authorized to serve all criminal processes for violations of this act which could be served by the sheriff and constables of this State.
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SEC. 5. He shall appoint game and fish wardens and deputy wardens in each county of this State, such appointees to hold their office for the term of two years, unless sooner removed for cause by the commissioner. Such wardens and deputy wardens shall enforce all the provisions of this act, and all other laws in reference to game and fish in their respective counties. Such wardens and deputy wardens shall receive three dollars per day w~1ile acting under the special directions of the commissioner with reference to the discharge of their duties, which sum shall be paid out of the game fund provided for by this act. Each county warden shall receive one-fourth of all fine and forfeitures and penalties collected in the county in whic~1 he holds office imposed for violation of any of the game and fish laws of this State where he does not furnish the evidence necessary to convict. If he does arrest, or cause the arrest, and furnish the evidence necessary to convict, then he shall have three-fourt:1s of such fines, forfeitures and penalties. Any person arresting or causinO' to be arrested offenders under any of the game and fish laws of this State and furnishing the evidence
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necessary to convict such offenders, shall receive one-half of fines, forfeitures and penalties imposed and collected from such offender3 and legal fees paid to constables. The remaining portion of fines imposed and collected shall be forwarded to the State game commissioner and by him turned into the treasury to the credit of the game protection fund. The county warden shall receive twentyfive cents for each county license issued by him, one dollar for each state license and three dollars for each non-resident license issued by him.
All county wardens shall keep a record in the office of the clerk of the court in their respective counties, which record shall be open to the public, giving names of all parties holding resident, county and state license and non-resident state license issued by him. This record shall also show the names, offenses and fines imposed on all persons convicted for a violation of the fish or game laws of this state in the county of his jurisdiction.
SEC. 6. Any resident of the State may procure a license to hunt in his resident county upon the payment of the sum of one dollar. License to such resident shall be issued authorizing him to hunt throughout the State upon payment of three dollars. License shall be issued to non-residents of the State upon the payment of he sum of fifteen dollars, which shall authorize such nonresident to hunt throughout the State. All license shall bear t:1e date of issuance if the license is issued in the open season, and shall authorize the person named therein to hunt during the then open season, and if issued .in the closed season, shall authorize such person to hunt during the next succeeding open season. Such license shall be signed by the commissioner and countersigned by the game warden of the county in which the license is issued and numbered. It shall contain the residence, age, sex and postoffice address of the person to w110m issued; also state race, approximate height and weight, and color of the applicant's hair and eyes. The license fees, less the warden's fee, shall be remitted by the warden to the commissioner not later than the first of the following month. A person may hunt and fish in the open season in his own militia district or on his owtn land without a license. Tenants and their families by and with permission of the owner of the land shall be
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permitted to hunt and fish on the lands leased and rented by them without a licen~e. All licenses shall terminate one year from the date on which the same were issued. All persons priva)e1y owning ponds shall fish at any time and in any manner they desire in said pond.
SEC. 7. 0 person shall hunt or fish upon the lands of another with or without license without first having obtained permission from such land owner. Any person violating this section is hereby declared to be guilty of a misdemeanor, and shall be punished as prescribed in section twelve of this act.
SEC. 8. All moneys received by the commlSSlOner ansmg under this act shall constitute a fund known as the game protection fund, and shall be devoted to the payment of the salary of the commissioner, his necessary incidental expenses and the salary of the game wardens and deputy wardens when acting under the special instructions from him. Such salaries and expenses shall not be a charge upon the state funds, nor payable out of any other fund than the game protection fund. 0 voucher for said salaries or expenses shall be paid unless there shall be at the time sufficient money to the credit of said fund in the treasury. If there should be any money in the treasury at the end of the year to the credit of the game protection fund the amount so remaining sl,all become a part of the public school fund of the State.
SEC. 9. The clerk of each court in which prosecutions may be instituted for violations of this act shall promptly report to the commissioner the result of said trial and the amount of fines, forfeitures and penalties collected, which said sum shall, after t1,e deductions mentioned in section 5 of this act, be forwarded to the game commissioner and be placed to the credit of the game protection fund.
SEC. 10. It shall be the duty of the various judges of the superior courts to specially mention in their charges to their respective grand juries the provisions of this act.
SEC. I!. The following shall be deemed game birds and animals: Quail, commonly known as Hob White Partridges;
IS
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doves, snipe, woodcocks and curlews, wild turkeys, grouse, pheasants, deer, squirrels, duck and marsh hens. Provided, that nothing herein contained shall prohibit the hunting or sale of migratory ducks, provided that no one person shall kill more than fifty ducks in anyone .day, and the season for shooting migratory ducks is between September 1st and April 20th.
Ssc. 12. Any person who shall purchase, or sell, or export for sale, or offer to sell any of the game birds or animals named in Section II of tIus act shall be guilty of :a misdemeanor, and upon conviction, punished by a fine of not less than ten or more than one hundred dollars and all costs for each offense, or to work on the public works not less than ten (10) nor more than ninety (90) days, and anyone or more of the e punishments may be ordered in the discretion of the judO"e; provided that any person may have in his possession at any time any of the birds or wild animals of this state, or the plumage, skin or body thereof for propagation, or scientific purposes, or for pets, provided that such person shall register with the commissioner of game and fi h of this State the number and variety of such birds or animals, which he may have in his possession, and how acquired, and that SUC:1 birds or other wild animals are used only for propagation or scientific purposes or for pets, and provided further that such person may sell such birds or other animals alive to be used for said purposes, and when so doing, he shall report promptly to the commissioner of game and fish of this State the number and species of birds and wild animals sold and to w110m sold, and that the person buying or otherwise acquiring such birds or other wild animals shall promptly report to said commissioner the person from whom he purchased or obtained such birds or animals, and the number and species thereof so acquired, and setting forth that they are to be held and kept only for propaO"ation or scientific purposes, or for pets, and provided further that any such person who hall fail to comply with the above regulations shall be deemed guilty of a misdemeanor; provided further that the commissioner of game and fish may in his discretion issue licenses or permits to any person or persons to take any of the birds or wild animals or the plumage, skin or body thereof, or the nests or eggs of the same for propagation or scientific purposes, or for pets, under such regulations and
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restrictions as may be imposed by said commissioner of game and fish; provided furt:1er that such licenses or permits mat be issued by the said commissioner of game and fish upon the payment of a fee of one dollar, and that the same may be revoked at the pleasure of the said commissioner at any time, and that such permits or licenses, unless sooner revoked shall be good for' one year from the date of issuance; provided further that any person may transport or ship from any point within this State to any other point within this State birds or wild animals alive for propagation or for scientific purposes, and that the transportation companies may accept such shipments, and that both the shipper and the transportation company accepting such shipments shall on the same day that the shipment is made report to the commissioner of game and fish of t]Lis State the number and species of such birds or wild animals shipped, and to whom and by whom shipped; provided that any violation of the provisions of this section shall be punished as provided in said section 12 as amended.
SEC. 13. Any person who shall transport or ship, or offer to transport or ship, any of the game birds or animals mentioned in section I I of this act, without the limits of the State, or from the county in which the game was killed, into another county in this State, or who shall sell or offer for sale, or purchase or offer to purchase any part of the plumage, skin or body of any of the game birds or animals mentioned in section I I, or who shall take or wilfully destroy the nests or eggs of any of the said birds, except as provided in section 12 of this act, shall be guilty of a misdemeanor, <lnd upon conviction, shall be punished as prescribed by section 12 of this act; provided, it shall be lawful for any person duly authorized to hunt, to personally transport, openly, the game actually killed by him, from the county in which it was killed to any county of this State, or 'without the State, but the person killing said game must in each instance <lccompany the game so killed. Each person hunting shall carry with him his license and exhibit the same promptly upon the request of any game warden or deptuy warden, or ex-officio warden.
SEC. 14. Any person who shall hunt, kill or destroy, by any means whatever, or who is in possession of the following named

birds or animals, except between the following date, except as provided in section 12 of the act approved ugust 21, 191 I, as amended, shall be guilty of a misdemeanor, and upon conviction shall be punis:1ed as prescribed in section 12 of this act: quail, commonly known as Bob White Partridges; wild turkey gobblers and plovers, from November 20th to March 1st following; woodcock and summer or wood duck from September 1st to January 1st following; doves from August 1st to August 31st, and from
ovember 20th to March 1st following; deer from October I st to December 1st following; cat squirrel from October 1st to March rst following of each year, provided that no person shall kill more than fifteen (IS) cat squirrels in anyone day. It shall be unlawful any time of the year to scatter upon the lands of any person whether it be the owner of the land or not, any corn, wheat or grain, or to bait for the purpose of drawing to the lands where such bait is scattered or placed, game birds or doves, for the purpose of shooting or allowing to be shot at, or killed such game birds or doves at or near the land so baited, and it shall be unlawful for any person to shoot at or kill any dove or other game bird at, upon, or over or near any land baited or baited field or land. It shall be unlawful for any person to kill any fox squirrel prior to January I, 19 I81 and for violations of these provisions of this section such person or persons shall be punished as is prescribed by section 12 of the act approved August 21, I9II, as amended. Provided, that this shall not prevent the killing of squirrels while destroying corn or other cultivated vegetation.
SEC. IS. During the open season no one person shall be authorized to kill more than two (2) deer, nor more than two (2) wild turkeys during anyone season, nor more than twenty-five (25) game birds of anyone species in anyone day. ny person violating thi~ section shall be guilty of a mi demeanor and punished as prescribed in section 12 of this act.
SEC. 16. Any person who shall catch or kill any wild pheasant, grouse, or fawn, or any imported game birds or game animals prior to December I, 1916, shall be guilty of a misdemeanor, and upon conviction, punished as is prescribed in section 12 of this act.
SEC. 17. Any person who shall at any time kill or capture
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or wound any game bird or animal by the use of pitfall, deadfalL snare, trap, pen or other device, or by the use of any poison, drug or explosive, or who shall hunt, catch, Or kill any game birds or animals at night shall be guilty of a misdemeanor, and upon conviction, punished as prescribed in section 12 of this act.
StEC. 18. Any person who shall hunt, w1thout first obtaining a license, except upon his own land, or in his own militia district. or who lends or transfers his license to another, or who shall hunt upon the lands of another without first having obtained his consent to do so, except persons following hounds in pursuit of foxes or deer, or any other animal not mentioned in this act in or upon or through the unenclosed or uncultivated lands of another, shall. be guilty of a misdemeanor and upon conviction, punished as prescribed in section 12 of this act.
SEC. 19. Any common carrier who shall ship, or transfer, or carry any game birds or animals without the limits of this State, except as herein provided, shall be guilty of a misdemeanor, and upon conviction, punished as prescribed i,n section 12 of this act; provided, the terms of this section shall not apply to game in the personal possession of the party killing the arne; provided, such party has obtained a license then or force.
SEC. 20. Any agent or employee of a common carrier who shall receive any game bird or animal for shipment without the State, or from one county to another county within this State, except as herein provided, hall be guilty of a mi demeanor, and uron conviction, punished as is prescribed in ection 12 of this act.
SEC. 21. Any warden, deputy warden or ex-officio w~rdeJl who shall fail to perform any act or duty placed upon :lim by thi act, shall be guilty of a misdemeanor, and upon conviction. shall be punished a pre cribed in section 12 of this act.
SEC. 22. All moneys received by the commissioner arising from the provisions of this act shall be deposited in the State treasury to the credit of the game protection fund, and said fund hall not be drawn upon or used for any purpose ave such as is de ignated in this act.
I

SEC. 23. It shall be unlawful for any person in this State to kill, catch or have in his possession any wild non-game bird, or to take or destroy the nests or eggs of any non-game birds or to have the same in his or her pos ession. Such persons violating (the provisions of this section shall be guilty of a misdemeanor, and upon conviction, punished as is prescribed in section 12 of this act; provided this section shall not apply to the following birds: English sparrows, owls, hawks, eagles, crows, rice birds and field or meadow lark; except persons may ship into this State birds mounted for millinery.
SEC. 24. The game commissioner and wardens shall see that the laws pertaining to fish are rigidly enforced.
SEC. 25. All laws and parts of laws in conflict with this act are hereby repealed.
SEC. 26. That it shall be lawful to kill buzzards at any and all times of the year.
See 590 Criminal Code, 1911. If any person shall hunt or catch o'possum between the first day of March and the first day of October of each year, he shall be guilty of a misdemeanor.
20

FISH LAWS
Criminal Code. 1911
SEC. 600. No person shall inhabit, occupy, or reside in any vessel, ark, or flat on any river of this State, which shall not be
ot engaged in the lawful commerce said river in the carriage of
goods Or produce to or from market unless owned by the proprietors of the shores, or their Ie sees; provided, nothing in this section shall be construed to prevent the owners of the land on said rivers, or their lessees, from taking fish in the river opposite' their banks; but no seine shall be permitted to be used in said river either by such owners or lessees, from twelve o'clock Saturday night to twelve o'clock Sunday night; and provided also, that every lease or license to fish shall be recorded within ten days after the granting thereof in the clerk's office of the superior court of the county where the land lies. violation of any of the foregoing provisions shall be punishe'd as a misdemeanor.
SEC. 6or. 0 person, other than the proprietors of the shores and banks of salt creeks, estuaries, and rivers (or such person as shall be by such proprietor authorized), shall take fish, or attempt to do so, with any line, net, or contrivanc~, on any estuary, or river, where an artificial shell-reef, beds or fishing grounds have been constructed within one hundred yards thereof. Nor shall one proprietor construct or use such places opposite the shore or bank of another proprietor beyond the center of creek, estuary, or river opposite his own shore or bank. Any person violating the provisions of this ection shall be guilty of a misdemeanor.
SEC. 602. If any person shall put any trap, wire, trot-line set-line, or other like contrivances, for catching fish for sale, in any of the lakes or other waters of the State, upon or within the lands of another, without the written consent of the owner thereof, he shall be guilty of a misdemeanor.
21
,

SEC. 603. If any person shall place in the waters of any river or creek, or any fresh water drain any dam, trap, net, seine, or other device for catching fish, unless the main channel of such stream is left open for a space of ten feet for rivers and one-third of the channel of creek, at low-water mark, unobstructed for the free passage of fish up or down such stream, he shall be guilty of a misdemeanor, and the sheriff of the county, upon complaint of persons in the territory of such obstruction shall have authority to break open any dam, net, or other obstruction that may be placed in such waters in violation of this section. This section does not apply to dams for milling or manufacturing purposes. The word!' "low-water mark" shall not apply to fresh water mains.
SEC. 604. If any person shaH use firearms, dynamite, or other explosive or destructive substances for the purpose of killing fish, he shall be guilty of a misdemeanor.
SEC. 60S. If any person shall use nets, seine, or other contrivances coverIng, extending to, or obstructing more than one-half of the stream, for catching or taking shad in any of the streams of this State, he shall be guilty of a misdemeanor.
SEC. 606. There shall be a "closed time" for the rivers in which shad are caught, of forty-eight hours: commencing at sunrise on Saturday morning of each week, and ending at sunrise on Monday morning of the next week during which "closed time" no shad or other migratory fish shall be caught by nets, wires. pounds, or any other means whatever; neither shall such nets, wire3, pounds, or other apparatus be left in said rivers during said "closed time." The meshes of nets or other apparatus for catching said fish shall not be less than five inches.
SEC. 607. No shad shall be taken, except between the first day of January and the twentieth day of April of each year except for spawning purpose, to carry out the provisions of the law for propagating fish.
SEC. 608. A violation of either of 'the two preceding sections hall be a misdemeanor.
22

SEC. 609. If any per on shall seine or net for fish in any of
the streams in whic;. mountain trout exist, or be placed, he shall be guilty of a misdemeanor.
POISONING FISH PROHIBITED
SEC. 6II. Any person who shall directly by himself, or by aiding or abetting others, put walnut hulls, w<tlnut leaves, devil shoestring, or any poisonous substances whatever of any kind iJ;l any waters, either running streams or standing waters, such as lakes, ponds, or eddy places in any river or creek within the limits of this State, which will be likely to drive away or poison the fish therein by contaminating said waters, shall be guilty of a misdemeanor.
CLOSED PERIOD FOR FISHING EXCEPT WITH HOOK AND LINE
SEC. 612. If any person shall catch or take any fish with seine, net, gig, or spear, or like device from any of the waters of this State, between the first day of Febru'lry and the' first day of July in each year, except with hook and line, he shall be guilty of a misdemeanor.
SEC. 613. In the case of shad the above prohibition as to dates shall apply only between the 15th of pril and the 1st of July.
SEC. 614. Whoever shall catch any shad or other fish, or use for the purpose of catching shad or other fish, in any of the water of this State, any net or nets known as drift-nets, between the hour commencing at sundown on Thursday of each week and ending at sunrise on Monday morning of the next week, shall be guilty of a misdemeanor.
bove repealed by act of Novmebr 27, 1915, only as applying to the salt waters of this State.
23
,

SALT WATER FISH LAWS
"An Act for the protection and propagation of fish, shrimp, prawn, oysters, turtles, terrapins and other crustaceans in this State: providing how the same may be taken and caught from the salt waters of this State; providing for a license for the taking and catching of the same; the appointment of special inspectors to enforce the provisions of this Act, prescribing their duties, and to provide penalties for a violation of this Act, and for other purposes."
SECTION I. Be it enacted by the General ssembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, all of the beds of all salt waters, bays, rivers, estuaries and shore of the sea, and the waters overlying the same, within this State and not already conv.eyed by special grant or compact, according to law, shall continue and remain the property of the State of Georo-ia. and subject to the special provisions of this Act may be used in common by the people of this State for the purpose of fishinO", taking and catching oysters, shrimp, prawn, turtles, terrapins and other shell fish, and no grant shall hereafter be issued by the county authorities in any county in this State to pass any estate, title or interest of the State in or to any natural oyster bed, rock, or shoal, whether the said bed, rock or shoal shall be bare or not, except in compliance with the provisions of this Act.
SEC. 2. Be it further enacted by the authority aforesaid, That after the passage of this Act, so far as the authority of the said State shall extend, oysters, clams and other fish, crabs, shrimp, prawn, turtles and terrapins, and other crustaceans found in the salt waters of this State, suitable for food, shall be considered fish, and it shall be the duty of the Department of Game and Fish, as established by the Act of August 21, 191 I, to enforce the laws of the State of Georgia for the protection of the same.
24

SEC. 3. Be it further enacted by the authority a\oresaid, That after the passage of this Act the said Game and Fish Commissioner shall have authority to employ not exceding three inspectors to carry into effect the provisions of the laws of this State for the protection of game and fish; said inspectors shall receive salaries not exceeding one hundred dollars ($100.00) per month, as may be ordered by the Commissioner. They shall take oath and give bond in the sum of one thousand dollars ($1,000.00) for the faithful performance of their duties. These inspectors shall have authority to carry out the provisions of this Act and to arrest persons violating the provisions thereof, Or any of the laws of said State covering the protection of game and fish.
SEC. 4. Be it further enacted by the authority aforesaid, That the State Game and Fish Commissioner shall have authority to purchase or lease launches for the use of the inspectors, while in active service of the Department, and for carrying out the provisions of this Act. Said State Game and Fish Commissioner is hereby empowered :and directed to employ such other help as he may deem necessary in carrying out the provisions of this Act and the other laws of t;1e State for the protection of game and fish. Compensation for such service to be paid out of funds derived for the protection of game and fish.
SEC. 5. Be it further enacted, That all boats and vessels engaged in taking oysters for purpose of sale from any of the beds in this State, whether the same be private or public beds, shall before beginning operation, first secure a license from the said Commissioner of Game and Fish, and for this purpose the owner, captain or agent of said vessel must present in writing an application setting forth the name and description of said vessel, the name and postoffice address of the owner and captain, the numb;er of the crew, and such further data as the Commissioner shall deem necessary, and thereupon said Commissioner shall register said vessel and ,issue necessary license, upon payment Qf the cost threeof. All licenses shall be graduated according to the oyster-carrying c.apacity of each boat or vessel, and shall be as follows:
A license tax of one dollar per ton or fraction of a ton is hereby levied on each SUC;1 vessel or boat of five tons or over net

register. On all other such boats propelled by sailor power, a license tax of five dollars for each boat is hereby levied, and on all such skiffs, batteaux, and other boats not propelled by sailor power, a license tax of three dollars is hereby levied.

License shall be issued by the Comrnis ioner on blanks provided for that purpose.

The owner of any such vessel desiring to catch or take oyster

under the provisions of this Act shall first obtain from the Com-

missioner of Game and Fish a license for said boat, said licen e hall

have effect for twelve months from the first day of the month in

which it is issued, and no vessels shall be used for catching and

fishing for oysters in the waters of this State, unless so licen ed.

Each license shall state the name of the applicant, the name of the

vessel, and the license, under the provisions of this ct, shall not

be used except upon vessel so mentioned in said license. Said Com-

missioner shall have the right to use and expend the moneys re...

ceived, under the provisions of this Act for carrying out the pro-

visions of the Act so far as such expenditure may b.e nece sary, and

the residue, if any, shall, from time to time, be paid into the Treas-

ury of the State, to be applied as other surplus funds in the Game

and Fish Department under existing laws.

.

SEC. 6. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person, except owners and their authorized agents and employees, to taken, catch, or tong oyster . from any of the private or public beds of this State between un et and sun-rise. Any person violating the provisions of this section shall be guilty of a misdemeanor.

SEC. 7. Be it further enacted by the authority afore aid, That from and after the passage of this Act, it shall be unlawful to take or catch any fish, within the definition of that term a in this ct expressed, from any of the salt waters of this State by the use of any device whatever between the first day of May and the fir t day of August of each year.

Provided, that the foregoing penal provisions hall not be construed to prohibit the taking, by any person, of suc:, fish, with a cast net or hook and line, nor shall it apply to or prohibit the t1 e

of hand-drawn seines not more than thirty feet in ~ength, when used in catching prawn and shrimp for bait, or other fish to be sold in local retail trade by the persons taking the same, or to be used for the per onal con umption of t:,e fisherman. or shall the same apply to the taking of crabs.
SEC. 8. It shall be unlawful for any person to catch or take any of the above mentioned fish for commercial purposes from the salt waters of this State, within the time above mentioned, otherwise, without first obtaining a license from the Commissioner of Game and Fish, as hereinafter provided. Any person desiring to catch or take any such fish from the salt waters of this State, except in the manner as aforesaid shall first obtain from the Commissioner of Game and Fish a license therefor; said license shall have effect for twelve months from the first day of the month in which it is issued. The fee for such license shall be one dollar per ton or fraction of a ton on each boat or vessel of five tons or over net register. On all boats propelled by sailor power, the same being under five tons net register, a license tax of five dollars for each such boat is hereby levied, and on all such skiffs, batteaux and other boats not propelled by sailor power a license tax of three dollars on all such boats is hereby levied.
SEC. 9. Be it further enacted by the authority aforesaid, That if any person not a citizen of this State shall take or catch any oysters, fish, shrimp, prawn, turtle, terrapin or other crustacean from the salt waters of this State in any manner whatsoever, for the purpo e of selling, that he shall be guilty of a misdemeanor.
SEC. ro. Be it further enacted by the authority aforesaid That the expense of salaries of the inspectors, or any other expense au-
thorized to b.e incurred, shall be paid out of the fund arising from
the operation of the game and fish laws of this State, and that any residue, if any, shall be turned into the State Treasury from time to time to be applied as other surplus funds in the Game and Fish Department under existing laws. The Commissioner of Game and Fish shall have authority to provide such rules and regulations as may be needful in carrying into effect the game and fish laws of this State, provided, that same be not inconsistent with the laws of
I

this State. The robbing or breaking up of turtle and of terrapin nests, or the destroying of the eggs of the same, or the turning over of turtles and allowing them to remain so turned is forbidden, and any person guilty of the same shall be punished as for a misdemeanor.
SEC. 11. Be it further enacted by the authority aforesaid, That any person violating any of the provisions of this Act shall be guilty of a misdemeanor.
SEC. 12. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, and all laws prohibiting the taking of salt water fish at any other season of the year than as herein expressed be and the same are hereby repealed.
Approved November 27, 1915.
SAW DUST FLOATING INTO STREAMS, PROHIBITED
An Act to prohibit the floating of saw dust into any of the streams of this State, and for other purposes.
SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it 'is hereby enacted by authority of the same, That from and after the passage of this Act, it shall be unlawful to float saw dust into any of the streams of this State.
SEC. 2. Be it further enacted, That any person or persons or corporations violating the provisions of Section I of this ct be punished as for a misdemeanor.
SEC. 3. Be it further enacted, That this Act shaH not go into effect in any county until it has been recommended by novo grand juries of the county.
SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.
Approved August 19, 19II.

POISONING AND DYNAMITING FISH
Probably the ugliest crime connected with the destruction of game and fish, and one that is void of the semblance of sport, is the practice of poisoning the waters, or dynamiting the ponds and streams, destroying all life for the sake of a day's supply of fish. For a mess of flesh many citizens have been thoughtless enough to at least aid and abet in this inexcusable practice. It is the fixed policy of this Department to relentlessly hunt down and vigorously prosecute every person participating in such infractions of the law. The Department should have the assistance and encouragement of every good citizen in checking this tremendous draft on the supply of fish; and to restore to a normal condition the fishing waters, an abundant supply of fish in every stream of the State.
DOVE BAITING
Next to dynamiting fish is the ~arbarQus practice of baiting doves and slaughtering them by the thousands. Certainly it is ,great sport, but the morbid fascination leads to the destruction of large numbers, often five and six thousand in a single morning in one small field, a wanton destruction of the finest game birds. Hut let us hope that this has become a reminiscence, that it has passed into history to be remembered by future generations as a species of barbarism. It must not be attempted in Georgia now, and every warden or deputy warden who fails to do his duty in bringing into court those who infract this wholesome provision of the law will surely receive the censure of this office; and every good citizen who fails to report such violations should be censured by a quickened conscience.
LICENSE REQUIRED AND CONSENT NECESSARY TO HUNT ANY KIND OR CHARACTER OF GAME
The Court of Appeals decided the generally debated question as to whether license and consent are necessary to hunt animals not classified as game animals. In the case of Blassingame vs. State from the City Court of Madison, the Court says:
29

"I. The primary purpose of the Act of 191 J ( cts of 191 I, p. 137), is the preservation of the game specified in the act. As incidental to that purpose Section 7 of that act makes it unlawful for any person to hunt not only the game enumerated in the act, but any game or other animals not enumerated, either with or without a license, upon the land of another without first obtain-
ing the consent of the land owner." * * * * *
"This court holds that no kind of character of game, whether designated by the act Or not, can be hunted without complyingwith the requirements as to license and without first oQtaining
the permission of the land owner." * * * * * "The
other exception is 'persons following hounds in pur uit of foxes or deer, or any other animal not mentioned in this ct:' and this simply means that where a hunter is lawfully huntinrr upon the lands of another with permi sion, and, in so hunting, the hounds find, upon the lands upon which he ha permission to hunt, foxes, deer, or any other animal not mentioned in this act, and the game is pursued by the hound , he may follow the hounds in pursuit
on to land upon which he has no permission to :,unt." * * * *
3

READ THE GAME AND FISH LAWS CAREFULLY

All on-Game Birds are protected, except the Buzzard and

a few other birds named in Section 23 of Act contained in this

bulletin.

.

The MeadoW! Lark is not protected under State Laws, but

should be, being a great destroyer of insects. Think twice before

you shoot him.

A person may hunt in his own Militia District without a

license; or on his own land, wherever that land may be, within this

State.

No license necessary to fish with hook and line, but land-

owner's consent required. 0 license required to fish in fresh

waters.

License for boats used in taking fish or oysters from the

Salt Waters of this State, for Commercial purposes, as follows:

Small boats, not propelled by sailor power, $yX) for each boat.

Boats propelled by sailor power, and under five tons, $5.00.

Boats propelled by sailor power, over five tons, $1.00 per ton.

The sale of all protected game is forbidden, except Migratory

Ducks and O'possums.

Rabbits, Raccoons, Skunks, Otters, Foxes, Muskrats and other

unprotected animals may be sold at any season, or shipped within

this State. License is necessary to hunt any kind of game, whether

protected or not.

The law now forbids any person following dogs in pursuit of

deer, foxes or other animals over the enclosed or cultivated land

of another, without first obtaining such land-owner's consent. Any

person may take, alive, for scientific or propagation purposes, or

for pets, any of the wild animals or birds of this State, and may

buy, sell or ship same as per restriction contained in section 12 of the

Act of 191 I, as amended.

Hunting licenses good for one year from date of issuance.

The Game and Fish Laws are for the benefit and protection

of the people themselves. Help us enforce them.

7
State Game and Fish Commissioner.
31

CONVENTION
BETWEEN THE UNITED STATES AND GREAT BRITAIN FOR THE PROTECTION OF MIGRATORY BIRDS IN THE UNITED STATES AND CANADA.'
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 foreign 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 accomplsh 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. 0., K. C. M. G., etc., His Majesty's ambassador extraordinary and plenpotentiary 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) Anatidae or waterfowl, including brant, wild ducks, geese, and swans. (b) Gruidae or cranes, including little brown, sandhill, and whooping cranes. (c) Rallidae or rails, including coots, gallinules, and sora, and other rails. (d) Limicolae or shorebirds, including avocets, curlew, dowitchers, godwits, knots, oyster catchers, phalaropes, plovers, sandpipers, snipe, stilts, surf birds, turnstones, willet, woodcock, and yellowlegs. (e) Columbidae 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, whipporwills, woodpecks, 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. l
The High Contracting Powers agree that, as an eMectlve means ot preserving migratory birds there shall be established the tollowing clos., 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 Limicolae 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 fruther restricted to such period not exceeding three and one-halt 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. guiIIemots, 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 season on cranes. swans. and curlew in the Province of Briti!>h Columbia shall be made by the proper authorities ot 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.
Article V.
The taking of nests or eggs of migratory game or insectivorous or nongame birds shall be prohibited. except for scientific or propagating purposes. under such laws or regulations as the High Contracting .Powers may severally deem appropriate.
Article VI.
The High Contracting Powers agree that the sbipment or export of migratory birds or their eggs from any State or Province, during the continuance of the close season in such State or Province, shall be prohibited except for scientific or propagating purposes, and the international traffic in any birds or eggs at such time captured, killed, taken. or shipped at any time contrary to the laws of the State or Province in which the same were captured, killed, taken or shipped shall be likewise prohibited. Every package containing migratory birds or any parts thereof or any eggs of migratory birds transported, or offered for transportation from the Dominion ot Canada into the United States or from the United States
33

into the Dominion of Canada, shall have the name and address of the shipper, and an accurate statement of the contents clearly marked on the outside of such package.

Article VII.
Permits to kill any of the abovenamed birds which, under extraordinary conditions, may become seriously injurious to the agricultural or other interests in any particular community, may be issued by the proper authorities of the High Contracting Powers under suitable regulations prescribed therefor by them respectively, but such permits shall lapse, or may be cancelled, at any time when, in the opinion of said authorities, the particular exigency has passed, and no birds killed under this article shall be shipped, sold, or offered for sale.

Article VIII.
The High Contracting Powers agree themselves to take, or propose to their respective appropriate law-making bodies, the necessary measures for insuring the execution of the present Convention.

Article IX.
The present Convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by His Britannic Majesty. The ratifications shall be exchanged at Washington as soon as possible and the Convention shall take effect on the date of the exchange of the ratifications. It shall remain in force for fifteen years, and in the event of neither of the Hgih Contracting Powers having given notification, twelve months before the expiration of said period of fifteen years, of its intention of terminating its operation, the Convention shall continue to remain in force for one year and so on from year to year.
In faith whereof, the respective Plenipotentiaries have signed th9 present Convention in duplicate and have hereunto affixed their seals.
Done at Washington this sixteenth day of August, one thousand nine hundred and sixteen.

[SEAL.]

ROBERT LANSI G.

[SEAL.]

CECIL SPRING RICE.

lThis 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 Etates 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 01- laws

of any State to the contrary notwithstanding." (Art. VI. par. 2.)

NOTE-Ratifications of above treaty were exchanged between the Secretary of State and the British Ambassador on December 7, 1916, and the same is now in effect.

34

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,