Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-07-05
PROTECTION OF
NON-GAME BIRDS.

NON-GAME BIRDS.
The Division of Biological Survey of
the Department Of Agriculture at
Washington issues as nBulletin No.
1917 a discussion of Legislation for
the Protection Of Birds other than
Game Birds by I. s, Palmer, as
mer calls attention to the fact that
100 per cent Of existing bird legisla-
tion has been enacted for the benefit
than 90 per cent of all the birds of
which arc Of special interest to tine
until recent years, received scant rroiec-
tion; 1t is tie legislation affecting this
large group which forms the subject Of
the present bulletin He continues:
The sportsman has long realized the
necessity for protective measures, but
the farmer has Only recently learned to
appreciate the full valne of birds as in
sect destroyers. More exact knowledge
of their food habits has resulted in a
higher estimation of their utility on
the farm, and demonstrated more
clearly than ever the necessity of active
measures to insure their protection.
Recent years have also witnessed n
greatly Increased interest in birds from
the aesthetic standpoint, which has re.
suited in the formation of numerous
protective organizations known as
Audubon Societies, Still, bird de-
struotion IS going on rapidly in the
United States, and ir many regions
there is q marked decrease in the
abundance of certain species. Cheap
guns, lax laws, the mania for collecting
and shooting, and more especially the
enormous demand for birds for market
and for the millinery trade, are respoE-
sible for this reduction 10 bird life.
The protection of birds is a national,
not local question. 1t deals largely
with migratory species which breed in
one section, winter In another, and
traverse several States 10 passing to
and from their breeding grounds. Leg.
islstion on this subject belongs pri-
marily TO the States, but If it is to &C.
complish its purpose in a country like
the United States, which, exclusive of
Alaska, extends through "a degrees of
latitude and So degrees of longitude
Ian extent equal to two-thirds that Of
the whole Continent Of Europe), there
must be greater harmony of action be-
tween the several States. Absolute
uniformity 10 the protective laws OF 80
distinct commonwealth may he impos-
sible Of attainment, but it Is highly
necessary, and seams to be feasible, to
secure much greater degree of uni
formity than at present exists. State
laws may be supplemented TO some ex-
tent BY Federal legislation, and bill
has just been passed by Congress to
regulate interstate commerce in game
killed in violation of local laws.
Dealing with. definitions Of game
birds, DIR. Palmer says:
From the standpoint Of the sports
man, birds are either game birds or
pon-game birds, but from the legisla-
tive standpoint they may be roughly
divided into three groups: ~ Species
which should be protected at all times,
as thrushes; ~ species which may DO
killed at certain seasons for food OF
sport, as quail; t3) species which are
injurious, and therefore excluded from
protection, as the English sparrow.
The first group is usually called ''in-
uectiyorous'' or ''songn birds, the
second "game," and tho third "injuri-
GUS" birds; but these groups are neces-
sarily arbitrary, and their limits arc by
no means certain. About /, 1875 species
and sub-species of birds inhabit North
America, north of Mexico, and Of these
only about 200 us per, cent? can Prop
erly be considered game.
As the wording of modern protective
laws turns largely on the definition of
game birds," IT may be we'll to note
some Of, the different interpretations
which have been applied 10 this term.
A game bird, according to the Century
Dictionary, is "a bird ordinarily pur-
sued for sport OF profit, or which is or
may be the subject of game Law"
Bouyier's Law Dictionary defines game
In general as "birds and beasts of
wild nature obtained by fowliEg and
hunting" In different State laws the
term is defined in various ways without
special regard for uniformity.
The plan Of enumerating each species,
as In some of these laws, is not clear or
concise. 1t also lacks uniformity be-
cause Of the confusion existing in the
common names of certain game birds,
and the presence Of species 10 one State
which do not occur in another.
In order to overcome this difficulty,
the committee on protection OF birds OF
the American Ornithologists' Union
has suggested using the larger groups
called orders and families. into which
birds are commonly divided, instead of
species, which gives at once simple
and concise definition "The following
only shall be considered game BIRDS:
The Anatida, commonly known as
swans, geese, brant, river and sea
ducks, the Rallide, commonly known
as rails, coots, mud. hens and gailinues;
the Limicole, commonly known as
shore birds. plovers, surf birds, snipe,
woodcock, snndpipers, totlers and cur
lews; the Gallina, commonly known as
wild turkeys, grouse, prairie chickens,
pheasants, partridges and quail.
DR.. Palmer classifies as species
enormously considered game birds,
pigeons and doves, fickers golden
winged woodpeckersl, hobolinks,
meadowlarks, blacxbirds and robins.
AL Of these have high value as insect
destroyers. A valuable compendium Of
the laws CT the United States and of the
States for the protection of birds is
added to the work The necessity for
further legislation is strongly urged,