The Bird Study Book

by T. Gilbert Pearson

As a matter of fact, the regulations on the whole were remarkable for their clearness, directness, and fairness. They came nearer being formed for the benefit of the birds instead of for the pleasure and convenience of the hunters, than any general far-reaching bird-protective measure, which has been enacted in this country.

For the purpose of the regulations, migratory game birds were defined as Ducks, Geese, Swans, Rails, Coots, Pigeons, Cranes, and shore birds, which included Plover, Snipe, Woodcock, and Sandpipers. Migratory insectivorous birds were enumerated as Thrushes, Orioles, Larks, Swallows, Wrens, Woodpeckers, and all other perching birds that feed entirely or chiefly on insects.

Having thus conveniently classified migratory birds into two easily comprehensible and distinguishable groups, the way was open to deal with them separately and distinctively. Therefore, after declaring it to be illegal to kill any bird of either class between sunset and sunrise, the regulations went on to state that insect-eating birds shall not be killed in any place or in any manner, even in the daytime.

Among other things this provision, by one stroke, completed the campaign which the Audubon Society had been waging for long years on behalf of the Robin. In Maryland, North Carolina, Mississippi, Louisiana and Tennessee, the Robin-potpie-loving inhabitants must in future content themselves with such game birds as Quail, Grouse, Wild Turkeys, and Ducks. The life of Sir Robin Redbreast has now been declared to be sacred everywhere. He and his mate are to dwell beneath the protection of the strong arm of the United States Government.

Another feature of the Audubon work was also completed by this section of the new regulations. This is the safeguarding of all song and insect-eating birds in the States of Montana, Idaho, Nevada, Utah, Arizona, Nebraska, Kansas, and New Mexico, constituting the group of states whose legislatures had thus far withstood the importunities of the Audubon workers to extend protection to such birds.

Regulation Number Four provided for an absolute closed hunting season on sixty-two species of water birds until September, 1918.

The above includes what we might call some of the minor regulations proposed by the Biological Survey Committee. Then comes the big regulation, the one which was of absorbing interest to every member of the vast army of five million hunters in the United States. This is the regulation which divides the country into zones and prescribes the shooting seasons in each. Touching on this point the Government experts already mentioned gave out this statement by way of explanation:

Government Explanations.—"More than fifty separate seasons for migratory birds were provided under statutes in force in 1912. This multiplicity of regulations of zones to suit special localities has apparently had anything but a beneficial effect on the abundance of game. The effort to provide special seasons for each kind of game in each locality merely makes a chain of open seasons for migratory birds and allows the continued destruction of such birds from the beginning of the first season to the close of the last. It is believed that better results will follow the adoption of the fewest possible number of zones and so regulating the seasons in each as to include the time when such species is in the best condition or at the maximum of abundance during the autumn. For this reason the country has been divided into two zones, as nearly equal as possible, one to include the states in which migratory game birds breed, or would breed if given reasonable protection, the other the states in which comparatively few species breed, but in which many winter. Within these zones the seasons are fixed for the principal natural groups, water fowl, Rails, shore birds, and Woodcock. In no case does the zone boundary cross a state line, and except in very rare cases the seasons are uniform throughout the states."

With few changes the regulations were finally adopted. Wherever the federal law conflicted with a state law, the former was regarded as supreme, and to make things more generally uniform the states have since been changing their laws to conform to the Government regulations. After being tried out for three years these rules recently were modified by making five shooting zones and altering certain other provisions. These last regulations which became effective on August 21, 1916, to-day stand as the law of the land affecting migratory birds.