Page:United States Statutes at Large Volume 49 Part 2.djvu/1390

 3406 PROCLA~rATIO:SS, 1934. V~l. ~, pp. l!l}ot! ReO'ulation 3 "Means By Which Migratory Game Birds :May Be 2942, Vol. 46, p. 2\189, 0, Vol. 47, pp. 2440, 2520. Taken", is amended to read as follows: REGULATION 3. - :\IEANS By'VHICH MIGRATORY GU'IE BIRDS 1\IAY BE TAKEN bi~ns for taking The migratory game birds specified in ·regulation 4 hereof may be Po,.t, p. 3458. taken during the open season with a gun only, not larger than no. 10 gage, fired from the shoulder, except as specifically permitted by regulations 7, 8, 9, and 10 hereof; they may be taken during the open season from the land and water, with the aid of a dog, the use of decoy's, and from a blind or floating device, except that in the taking of wIld ducks not more than twenty-five (25) live duck decoys may be shot over, and in the taking of wild geese in California the use of live goose decoys is not permitted; but nothing herein shall be deemed to permit the use of an automobile, airplane, power boat, sailboat, any boat under sail, any floating device towed by power boat or sailboat, or any sinkbox (battery), except that sinkboxes (bat- teries) may be used in the taking of migratory waterfowl in coastal sounds and bays (including Back Bay, Princess Anne County, State of Virginia) and other coastal waters; and nothing herein shall be deemed to permit the use of an airplane, or a power boat, sailboat, or other floating device for the purpose of conc€ntrating, driving, rallying, or stirring up migratorywaterfowl; and mourning doves shall Waterfowl. Prollilo. Permits. not be shot or otherwise taken by means of bait. Waterfowl (except those taken pursuant to regulation 8 of these regulations) shall not be shot OJ' otherwise taken on any baited premises except under seasonal permits issued without charge by the Chief of the Bureau of Biological Survey of the Department of Agriculture; Provided, however, That such permits will be issued onl:r upon the conditions and requirements hereinafter specified, which will be stated in everyjermit, and when said Chief shall, after investiga- Hon, ascertain an determine that any bait on any premises is or will be effective to subsist such waterfowl under stress of absence, failure, or diminution of the normal or natural food supply of water- fowl in that particular locality or section, or to concentrate such water- fowl under conditions conducive to safeguarding them from greater destruction that would otherwise occur, and when it shall additionally appear that such shooting will more nearly equalize waterfowl- hunting privileges in the various localities or sections within the jurisdiction of the United States and will not contribute to dispro- portioned destruction of such waterfowl in any such particular locality or section. :Forms upon which to apply for permits will be furnished by the Chief of said Bureau upon request. Permits will be issued to and in the name of the person ownrng, leasing, or otherwise con- trolling or occupying any premises. Any permit may be revoked by the Secretary when he determines, after investigation, that baiting as employed on the premises constitutes a disproportioned agency in the killing of migratory waterfowl, or upon proof that the permittee hllS willfully violated or failed to comply \,,'lth, or has suffered others hunting on the premises to violate or fail to comply with, any of the following conditions and requirements.-N0 waterfowl, except crippled birds not otherwise retrievable, shall be shot while resting on water or land on any premises. No waterfowl shall be shot on any premises after 3 o'clock p. m. Every permittee shall keep an accurate record of the number of persons shooting during each season on the premises covered by the permit; the species and the number of each species and the total number of all species of waterfowl killed on said premises during each season; and the number of blinds, the number of gunners