The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-08-31
By GEORGE A. LAWYER.
Chief U. s. Game Warden.

IHtey u .. tum0 W0ruen.
When the migratory-bird law was
passed. sportsmen and conservationists
had In mind the enactment not only OF
more comprehensive Federal statute
but of uniform international legislation,
such legislation as would insure adequate
protection to birds on their breeding
grounds and in their winter homes.
To this end the United States Senate
in 1913 adopted a resolution memorable
ing the President to negotiate treaties
with other countries for the protection of
migratory birds.
AS result Of negotiation thus ini-
tiated treaty between the United
States and Great Britain for the pro-
lection or birds migrating between the
United States and Canada was concluded
at Washington, August 16. 1916. and rat
flied December of the same year.
Altogether, 537 species of migratory
birds are included in the various families
protected by the treaty. and all individ-
ual birds OF each of these families or
species are included, even though a few
individuals may be found within the
borders of any State the entire year.
In other words, IL few individuals OF
any species of migratory bird remain
for an indefinite period in a particular
State this fact does not take from them
their migratory character and thus re-
move them from the operation of the
law.
Birds Not Protected by Treaty.
The treaty does not, however, include
the gallinaceous birds, as quail, pleas
ants, grouse, and wild turkeys, and these
still remain wholly within the jurisdic-
ton Of the several States.
Approximately 220 species OF migra-
tory birds also are excluded from the
terms of the treaty because they are
not specifically named or do not feed
chiefly or entirely on insects. Included
among the unprotected birds are the
dovekie. skinner. albatross, tropic bird
anhinga, cormorant. pelican, man-o- war
nird. hamingo. spoonbill, ibis, Jabiru
limpkin. hawk. owl. parrot, trogon. king
nsher, cotinga, horned lark, crow, lay
starting, blackbird, sparrow, phinopela
thrasher, and mockingbird.
inc treaty provides for continuous
protection for migratory insectiyorous
birds and certain other migratory nom
game birds; special protection for five
years for wood ducks and elder ducks
ten year closed season for band tailed
pigeons, little brown, sandhills and
whooping cranes, swans. curlews, willet
upland plover and all shore birds Eek
cept the black bellied and golden ploy.
ers. Wilson snipe or jacksnipe. wood.
cock and the greater and lesser yellow
legs, and confines hunting to seasonable
periods of not exceeding three and one.
half months for the shore birds not given
absolute protection, and other miSra.
tory game birds.
Treaty Act Comprehensive
The treaty provides no machinery tc
enforce its provisions, but the high con,
tracing powers agreed to enact neces,
sary legislation to insure its execution
III pursuance of this agreement the Gov,
eminent OF the Dominion OF Canada
passed the migratory birds convention
act, which became a law on August 20
1917; and the Congress of the United
States passed the migratory treaty act
approved by the President on July 8
1918. The enactment OF this iegisia tiUI
rounded out the most comprehensive ant
adequate scheme for the protection Of
BIRDS ever put into effect.
Under the migratory bird treaty act &
70 unlawful to hunt, capture. kill, pos
sess sell. purchase, ship or transport al
any time or by any means any migra
tory bird included in the terms of tbs
treaty except as permitted by regulation:
which the Secretary OF Agriculture Il
authorized and directed to adopt, anC
which become effective when approved
by the President. The act provides po
lice and other powers necessary for 1t!
effective enforcement.
II It Is conceded, as II must be, tina
valuable game and insectivorous birdi
which migrate between the United States
and Canada are a proper subject for tn,
negotiation OF a treaty there seems Il
be little likelihood that the migratory
bird treaty act of July 8. 1918, will b
effectively attacked on the grounds o.
constitutionality because the Constitu