Page:United States Statutes at Large Volume 49 Part 2.djvu/1396

3412 Permits to kill migra- tory birds injurious to property. Community injury. Speclflo Injury. PrOllfao. Restrilltion. PROCLAMATIONS, 1934. Dominion of Canada into the United States or from the United States into the Dominion of Canada, an accurate statement of the contents. Regulation 10, "Permits to Kill Migratory Birds Injurious to Property", is amended to read as follows: REGULATION 10.- PER MITS TO KILL :MIGRATORY BIRDS INJU- RIOUS TO PROPERTY Community injury. -W hen information is furnished the Secretary that any species of migratory bird has become, under extraordinary conditions, seriously injurious to agriculture or other interests in any particular commuruty, an investigation will be made to deter- mine the nature and extent of the injury, whether the birds alleged to be doing the damage should be killed, and, if so, during what times and by what means. Upon his determination an appropdate order ",ill be made. Specific injury. -Upon receipt by the Secretary of information from the owner, tenant, or share cropper that migratory birds are injuring his crops or other property on the land on which he resides, together with a statement of the location of the land, the nature of the crops or property being injured, the extent of such injury, and the particular species of birds committing the injury, an investIgation will be made by the Bureau of Biological Survey of the Department of Agriculture; and if it is determined from such investigation that the injury complained of is substantial and Cd.n be abated only by killing the birds, or so many thereof as may be necessary, a permit to kill the birds will be issued by the Chief of said Bureau, in which permit will be specified the time during which, the means and methods by which, and the person or persons by whom the birds may be killed, and the dispositIOn to be made of the birds so killed, and such other restrictions as may be deemed necessary and appropria te in the circumstances of the particular case: Provided, however, That in every permit issued as aforesaid it shall be specified that no such birds shall be shot at or killed at any time or in any manner not authorized by the laws of the State in which such permit is effective; and as to migratory waterfowl, that they shall not be shot at or killed (1) from any blind, sink, pit, or any other device or means of conceal- ment, whether natural or artificial, movable or stationary, or on land or water; (2) by means of any gun larger than no. 10 gage, or of any gun to which a silencer has been attached or otherwise affixed; and (3) by the use of decoys of any description, or of trups or nets of any kind. AND WHEREAS upon consideration it appears that approval of the foregoing amendatory regulations will effectuate the purposes of the aforesaid Migratory Bird Treaty Act: IAPprov"l of regula' NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, Presi- t ODS. dent of the United States of America, do hereby approve and proclaim the foregoing amendatory regulations. 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 'Vashington this 20 day of August, in the year of our Lord nineteen hundred and thirty-four, and [SEAL] of the Independence of the United States of America the one hundred and fifty-ninth. FRANKLIN D ROOSEVELT By the President: WILLIAM PHILLIPS Acting Secretary oj State. [No.2094}