Page:United States Statutes at Large Volume 54 Part 2.djvu/1395

 PROCLAMATIONS-AUG. 11, 1939 Regulation 2.-DEFINITION OF TERMS For the purposes of these regulations, the following terms shall be construed, respectively, to mean and to include- Secretary.- Secretary of the Interior of the United States. Chief of Bureau. -Chief, Bureau of Biological Survey, United States Department of the Interior. Person. -Individual, club, association, partnership, or corporation, any one or all, as the context requires. Take. -Hunt, kill, or capture, or attempt to hunt, kill, or capture. Open season. - Time during which migratory game birds may be taken. Transport. -Ship, carry, export, import, and receive or deliver for shipment, conveyance, carriage, exportation, or importation. Regulation 3. -M EANS BY WHICH MIGRATORY GAME BIRDS MAY BE TAKEN The migratory game birds on which open seasons are specified in regulation 4 of these regulations may be taken during such respective open seasons with bow and arrow or with a shotgun not larger than No. -10 gage fired from the shoulder, except as permitted by regula- tions 7, 8, 9, and 10 of these regulations, 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 through the loading end thereof so as to reduce the capacity of said gun to not more than three shells at one time in the magazine and chamber combined; they may be taken during the open season from land or water, with the aid of a dog, and from a blind, boat, or floating craft except sinkbox (battery), power- boat, sailboat, any boat under sail, and any craft or device of any kind towed by powerboat or sailboat; but 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. Waterfowl (except for propagating, scientific, or banding purposes under permit issued pursuant to regulations 8 and 9 of these regula- tions) and mourning doves and white-winged doves are not permitted to be taken by means, aid, or use, directly or indirectly, of corn, wheat, oats, or other grain or product thereof, salt, or any kind of feed what- soever, placed, deposited, distributed, scattered, or otherwise put out whereby such waterfowl or doves are lured, attracted, or enticed, re- gardless of the distance intervening between any such grain, salt, or feed and the position of the taker, but it is not intended to forbid the taking of such birds attracted by growing or standing crops of grain or by harvested grainfields so long as such crops are not manipulated or such fields have not been harvested by man or his agencies so as to cause such grain to be placed, deposited, scattered, or otherwise put out, as aforesaid; and in the taking of waterfowl, the use, directly or indirectly, of live duck or goose decoys is not permitted, regardless of the distance intervening between any such live decoys and the position of the taker; nor shall anything in these regulations be deemed to permit the use of aircraft of any kind, or of a powerboat, sailboat, or other floating craft or device of any kind, for the purpose of concen- trating, driving, rallying, or stirring up waterfowl and coots. 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. "Secretary." "Chief of Bureau." "Person." "Take. " "Open season. " "Transport." Means by which migratory game birds may be taken. Federal migratory- bird huntingstamp. Persons over 16 years of age. Persons not over 16 years of age. 54 STAT.] 2617 Post, p. 2729.

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