Page:United States Statutes at Large Volume 62 Part 2.djvu/259

 PROCLAMATIONS-JULY 29, 1948 § 1.1 Definitions of migratory birds and game mammals--(a) Mi- gratory birds. Migratory birds included in the terms of the conven- tions 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 con- cluded, respectively, August 16, 1916, and February 7, 1936, are as 39 . 1702. follows:0 Stat. 1311 . (1) Game birds. (i) Anatidae, or waterfowl, including brant, wild ducks, geese, and swans. (ii) Gruidae, or cranes, including little brown, sandhill, and whoop- ing 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, wood- cock, 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, poor- wills, 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; phaino- peplas; shrikes; vireos; warblers; pipits, catbirds, mockingbirds, and thrashers; wrens; brown creepers; nuthatches; chickadees and tit- mice; 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 Mex- ican 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 corpora- tion, any one or all, as the context requires. (e) Take. Hunt, kill, or capture, or attempt to hunt, kill, or cap- ture. (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. Migra- tory 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 62 STAT.]

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