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WILDLIFE CONSERVATION ACTIVITIES OF THE

FEDERAL GOVERNMENT, 1947

MONDAY, APRIL 26, 1948

UNITED STATES SENATE,

COMMITTEE ON EXPENDITURES IN THE EXECUTIVE

DEPARTMENTS, SUBCOMMITTEE TO INVESTIGATE
WILDLIFE CONSERVATION,

Washington, D. C. The subcommittee met, pursuant to notice, at 10 a. m., in room 357, Senate Office Building, Senator A. Willis Robertson (acting chairman of the subcommittee) presiding.

Present: Senators Robertson (presiding), and Thye.

Senator ROBERTSON. The committee will please come to order. Senator Ferguson of this subcommittee is detained on other business and unable to be with us this morning. He has asked me to preside at this and any other meeting that he may be unable to attend. On account of the heavy committee work he has in other fields he has likewise requested me to be the acting chairman of this subcommittee.

In view of the fact that the hearings of this subcommittee will be open to receive matters from the various departments of conservation agencies, public and private, of the Nation, including those of the Federal Government, it will be well to make a statement at this point that, under the Reorganization Act, jurisdiction of the former Senate Select Committee on Wildlife Conservation, for the report of wildlife bills, was transferred to the Senate Committee on Interstate and Foreign Commerce.

The Committee on Expenditures in the Executive Departments has authority under the Reorganization Act to investigate not only the expenditures but the operations of any and all agencies in the executive departments. And since the Senate committee has gone out of existence and especially the House Committee on Wildlife Conservation, which I headed for 12 years, has likewise gone under the Reorganization Act, the chairman of the Senate Committee on Expenditures created this Subcommittee on Wildlife to enable us to continue the type of work previously done by the two committees which I have just referred to. Therefore, that means the present purpose of this subcommittee will be to investigate the work of any of the conservation agencies of the Federal Government and we shall furnish a forum in which State departments may be heard, private conservation departments may be heard, and citizens interested generally in the cause of wildlife conservation may be heard.

The clerk of this committee has assembled for us all the bills dealing with wildlife which have been introduced in the House and Senate. If there is no objection, I shall offer these bills for the record at this. time in order that those who read this record, and those who may

1

subsequently testify, will have better knowledge of proposed legislation:

(The bills are as follows:)

[S. 2482, 80th Cong., 2d sess.]

A BILL To amend sections 2, 4, and 8 of the Migratory Bird Hunting Stamp Act of March 16, 1934 (48 Stat. 451; 16 U. S. C. 718b), as amended, and section 5 of the Migratory Bird Conservation Act of February 18, 1929 (45 Stat. 1222; 16 U. S. C. 715), as amended

Be it enacted by the Senate and House of Representatives of the United States of America in Congress Assembled, That section 2 of the Migratory Bird Hunting Stamp Act of March 16, 1934 (48 Stat. 451; 16 U. S. C. 718b), as amended, is further amended by striking the figure "$1" as it appears therein and inserting in lieu thereof the figure "$2".

SEC. 2 Subsection (a) of section 4 of said Act is amended (1) by deleting the words "Not less than 90 per centum shall be available", (2) by inserting the words "wildlife management and," immediately before the words "inviolate migratory-bird sanctuaries" as they appear therein, and (3) by inserting before the last period in such subsection the following proviso: ": Provided, That in the discretion of the Secretary of the Interior not to exceed 25 per centum, at any one time, of the total of the areas acquired in accordance with the provisions of this Act, may be administered primarily as wildlife management areas not subject to the prohibitions against the taking of birds, or nests or the eggs thereof, as contained in section 10 of the Migratory Bird Conservation Act of February 18, 1929 (45 Stat. 1222; 16 U. S. C. 715i), as amended, except that no such area shall be open to shooting when the population of birds frequenting such areas or in the migrations utilizing such areas is on a decline and no newly acquired or newly established area shall be open to shooting until the same has been fully developed as a management area, refuge, reservation, or breeding ground."

SEC. 3. Subsection (b) of section 4, of said Act is amended by deleting the words "The reamiander shall be available.'

SEC. 4. Section 8 of said Act is amended by inserting before the period at the end thereof a comma and the following: "and he may cooperate with the appropriate officials and agencies of any country which is a party to a treaty with the United States for the protection of migratory birds in the development and protection of such birds and their habitat, in such manner as he may deem advisable, including but not limited to the grant of funds to carry out such cooperative efforts."

SEC. 5. Section 5 of the Migratory Bird Conservation Act of February 18, 1929, as amended, is further amended by inserting the words “wildlife management and" immediately before the words "inviolate sanctuaries for migratory birds" as they appear therein.

[S. 1735, 80th Cong., 1st sess.]

A BILL To establish two migratory waterfowl zones in the State of Montana

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the purposes of administration of the Migratory Bird Treaty Act, the State of Montana shall be divided into two migratory waterfowl zones. All counties of such State east of the Continental Divide and bordering on the Dominion of Canada shall constitute the northern zone and the remaining counties of such State shall constitute the southern zone. SEC. 2. The regulations issued pursuant to section 3 of the Migratory Bird Treaty Act governing the time of each year during which the hunting, taking, capturing, killing, and possession of migratory waterfowl shall be allowed shall not assign to the two zones of Montana the same open-season dates. The northern zone of Montana shall be assigned the same open-season dates as the earliest dates assigned to any State which borders on the Dominion of Canada. SEC. 3. Nothing contained in this Act shall be construed to affect the laws of any State or the laws of the United States, or regulations issued pursuant to such laws (except insofar as such regulations are required to be promulgated or modified by this Act), pertaining to the hunting, taking, capturing, killing, and possession of migratory waterfowl.

[S. 2097, 80th Cong., 2d sess.]

A BILL To amend the Migratory Bird Treaty Act of July 3, 1918 (40 Stat. 755), as amended, to provide that regulations for any area, section, or flyway of the country shall be based on conditions and needs existing within such area, section, or flyway

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 of the Migratory Bird Treaty Act of July 3, 1918, as amended (40 Stat. 755) (U. S. C. Annotated, title 16, section 704), is amended by adding at the end thereof the following:

"Regulations pertaining to migratory game birds pursuant to this section need not be uniform for all sections, areas, and flyways of the United States, but shall, wherever practicable and consistent with the purposes of the said conventions and this Act, be based on, and with due allowance for, conditions including abundance of the species, biological conditions, and any actual or threatened injury to agricultural or other interests, within each section, area, or flyway, to the end that seasons, bag and possession limits, feeding, and other conditions or restrictions which may be prescribed for any section, area, or flyway of the United States will be in keeping with the actual conditions and needs existing within such area, section, or flyway.

[S. 2098, 80th Cong., 2d sess.]

A BILL To amend the Migratory Bird Treaty Act of July 3, 1918 (40 Stat. 755), as amended, to provide for an advisory committee

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Migratory Bird Treaty Act of July 3, 1918, as amended (40 Stat. 755) (U. S. C. Annotated, title 16, sections 703–711), is amended by adding, following section 3 of said Act, a new section to be numbered section 3a, to read as follows:

"SEC. 3a. A committee to be known as the Migratory Game Bird Advisory Committee, consisting of one representative from each State to be selected by the Governor thereof, is hereby created and authorized to consider, and confer with and advise the Secretary of the Interior concerning, and prior to the adoption thereof, such regulations as may be adopted or prescribed pursuant to the foregoing section. Members of the afore-mentioned committee shall serve without compensation but shall be entitled to receive their actual expenses including travel expenses incurred in connection with their attendance at any meeting called by the Secretary of the Interior.

[S. 1155, 80th Cong., 1st sess]

A BILL Authorizing the transfer of certain real property for wildlife purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That upon request of the Secretary of the Interior, real property which is under the jurisdiction or control of a Federal agency and no longer required by such agency and which, in the determination of the Secretary, (1) can be utilized for wildlife conservation purposes by the agency of the State exercising administration over the wildlife resources of the State wherein the real property lies or by the Secretary of the Interior, and (2) is chiefly valuable for use for such purpose, and which, in the determination of the War Assets Administrator, is available for such use may, notwithstanding any other provisions of law, be transferred without reimbursement or transfer of funds (with or without improvements as determined by said Administrator) by the Federal agency having jurisdiction or control of the property to (a) such State agency if the management thereof for the conservation of wildlife relates to other than migratory birds, or (b) to the Secretary of the Interior if the real property has particular value in carrying out the national migratory bird management program. Any such transfer shall be subject to the condition that the property shall continue to be used for wildlife conservation purposes and in the event it is no longer used for such purposes title thereto shall revert to the United States.

SEC. 2. Whenever any real property is transferred pursuant to this Act, the Secretary of the Interior shall make and have published in the Federal Register an appropriate order, which may be revised from time to time in like manner,

designating for which of the purposes specified in section 1 of this Act the property so transferred shall be used.

SEC. 3. A statement of the acreage and value of such property as may have been transferred pursuant to this Act during the preceding fiscal year shall be annually prepared by the Secretary of the Interior and shall be included in the annual budget transmitted to the Congress.

SEC. 4. All oil, gas, and mineral rights shall revert back to the owner of the property or properties of record immediately prior to Government acquisition.

[S. 2199, 80th Cong., 2d sess.]

A BILL To amend the Migratory Bird Treaty Act so as to provide that regulations adopted pursuant to such Act for any area, section, or flyway shall be based on conditions existing withing such area, section, or flyway, and to create a Migratory Game Bird Advisory Committee

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 of the Migratory Bird Treaty Act, as amended (U. S. C., 1940 edition, title 16, sec. 704), is hereby amended to read as follows:

"SEC. 3. (a) Subject to the provisions and in order to carry out the purposes of the conventions referred to in section 2, the Secretary of the Interior is authorized and directed, from time to time, 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 such birds, and after conferring with the committee created by subsection (c), to determine when, and to what extent, if at all, and by what means, it is compatible with the terms of such conventions to allow hunting, taking, capture, killing, possession, sale, purchase, shipment, transportation, carriage, or export of any such bird, or any part, nest, or egg thereof, and to adopt suitable regulations permitting and governing the same, in accordance with such determinations and with the provisions of subsection (b), which regulations shall become effective when approved by the President.

"(b) Insofar as it is practicable and consistent with the purposes of such conventions and of this Act to do so, each regulation adopted pursuant to subsection (a) shall be based upon and make due allowance for local conditions (including abundance of the species, biological conditions, and any actual or threatened injury to agricultural or other interests) existing within each section, area, flyway of the United States to which such regulation shall apply. The Secretary shall adopt special regulations for particular areas, sections, and flyways if such action is necessary in order to carry out the provisions of this subsection.

"(c) There is hereby created a Migratory Game Bird Advisory Committee, to be composed of one representative from each State, to be selected by the Governor thereof. Such committee shall confer with and advise the Secretary of the Interior with respect to all determinations made and regulations adopted by him pursuant to subsection (a). The members of the committee shall select a chairman from among their number. Any vacancy in the committee shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. The members of the committee shall receive no compensation for their services as such, but they shall be reimbursed for travel subsistence, and other necessary expenses incurred by them in the performance of their duties as members of the committee."

SEC. 2. No regulation heretofore adopted pursuant to section 3 of the Migratory Bird Treaty Act shall remain in effect after the close of the sixth calendar month which begins after the month in which this act is enacted.

[H. R. 107, 80th Cong., 1st sess.]

AN ACT For the acquisition and maintenance of wildlife management and control areas in the State of California, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized to purchase or rent not to exceed twenty thousand acres of land or interests therein in suitable locations in the State of California, for the management and control of migratory waterfowl and other wildlife in connection therewith, from moneys to be appropriated by Congress from time to time: Provided, That no sums appropriated under this authority for the acquisition of lands shall be

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