States and Great Britain for the protection of migratory birds con- 39 tat.1702. eluded August 16, 1916, and the Convention between the United States and the United Mexican States for the protection of migratory 50 stat. 1311 . birds and game mammals concluded February 7, 1936: "AMENDMENTS OF MIGRATORY BIRD TREATY ACT REGULATIONS ADOPTED BY THE SECRETARY OF THE INTERIOR Under authority and direction of section 3 of the Migratory Bird Treaty Act of July 3, 1918 (40 Stat. 755), as amended by the act of 6 U.s.. C0.7. June 20, 1936, 49 Stat. 1555, the administration of which act was transferred to the Secretary of the Interior on July 1, 1939 by Reor- sU. . c. I 133t ganization Plan No. II (53 Stat. 1431), I, Harold L. Ickes, Secretary note. of the Interior, having due regard to the zones of temperature and to the distribution, abundance, economic value, breeding habits, and times and lines of migratory flight of migratory birds included in the terms of the Convention between the United States and Great Britain 39 Stat. 1702 . for the protection of migratory birds, concluded August 16, 1916, and the Convention between the United States and the United Mexican States for the protection of migratory birds and game mammals, 50 stat. 1311 . concluded February 7, 1936, have determined when, to what extent, and by what means it is compatible with the terms of said conventions and act to allow the hunting, taking, capture, killing, possession, sale, purchase, shipment, transportation, carriage, exportation, and importation of such birds and parts thereof and their nests and eggs, and, in accordance with such determinations, do hereby amend, as 4 Stat. 2615 , 2661, specified, the regulations approved by Proclamation No. 2345 of 16u.s.c. C 7o4 August 11, 1939, as amended by Proclamation No. 2367 of September no te. 28, 1939, and Proclamation No. 2420 of August 9, 1940, and as so amended do hereby adopt such regulations as suitable regulations permitting and governing the hunting, taking, capture, killing, pos- session, sale, purchase, shipment, transportation, carriage, exporta- tion, and importation of such migratory birds and parts, nests, and eggs thereof: 56 Stat. 26 '. The first paragraph of Regulation 3, "Means by Which Migratory note. Game Birds May Be Taken", is amended to read as follows: REGULATION 3.-MEANS BY WHICH MIGRATORY GAME BIRDS MAY BE TAKEN The migratory game birds on which open seasons are specified in Post, p. 163 . 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- t's^ta2.23I. tions 7, 8, 9, and 10 of these regulations, but they shall not be taken note. 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, or to permit the taking of waterfowl by means, aid, or use of cattle, horses, or mules. 1662 PROCLAMATIONS-AUG. 16 , 1941 [55 STAT.
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