Chapter 844. To amend the Acts for the protection of birds, game, and fish in the District of Columbia
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CHAP. 844.— An Act To amend the Acts for the protection of birds, game, and fish in the District of Columbia. March 3, 1901. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That sections one and three District of Columbia. protection of birds and preservation of game. Vol. 30, p. 1012, amended.of an Act entitled “An Act for the protection of birds, preservation of game, and for the prevention of its sale during certain closed seasons, in the District of Columbia,” approved March third, eighteen hundred and ninety-nine, be, and they are hereby, amended to read as follows:
" “That no person shall kill, expose for sale, or have in his or her possession, Closed seasons.Birds.either dead or alive, any partridge, otherwise quail, between the fifteenth day of March and the first day of November, under a penalty of five dollars for each partridge, otherwise quail, killed, exposed for sale, or had in his or her possession, either dead or alive, and in default thereof to be imprisoned in the workhouse for a period not less than thirty days nor more than six months.
“That no person shall kill, expose for sale, or have in his or her possession, either dead or alive, any woodcock between the first day of January and the first day of July, under a penalty of five dollars for each woodcock killed, exposed for sale, or had in his or her possession, either dead or alive, and in default thereof to be imprisoned in the workhouse for a period not less than thirty days nor more than six months. “That no person shall expose for sale or have in his or her possession. either dead or alive, any prairie chicken, otherwise pinnated grouse, between the fifteenth day of March and the first day of September, under a penalty of five dollars for each prairie chicken, other-wise pinnated grouse, exposed for sale, or had in his or her possession, either dead or alive, and in default thereof to be imprisoned in the workhouse for a period not less than thirty days nor more than six months.
“That no person shall kill, expose for sale, or have in his or her possession, either dead or alive, any wild turkey or ruffed grouse, other-wise known as pheasant, between the twenty-sixth day of December and the first day of November, except the English, ring-neck, or other pheasants of foreign origin hatched and raised in farm poultry inclosures, under a penalty of five dollars for each wild turkey or ruffed grouse, otherwise known as pheasant, killed, exposed for sale, or had in his or her possession, either dead or alive, and in default thereof to be imprisoned in the workhouse for a period not less than thirty days nor more than six months.
“That no person shall kill, expose for sale, or have in his or her possession, —squirrels or rabbits, etc.either dead or alive, any squirrel or rabbit except the species 1092known as the English rabbit. Belgian hare, between the first day of February and the first day of November, under a penalty of two dollars for each squirrel or rabbit killed, exposed for sale, or had in his or her possession, either dead or alive, and in default thereof to be imprisoned in the workhouse for a period not less than fifteen days nor more than three months. —wild ducks, snipe, plover, etc.
“That no person shall kill, expose for sale, or have in his or her possession, either dead or alive, any wild duck, wild goose, brant, snipe, or plover between the first day of April and the first day of September, under a penalty of five dollars for each wild duck, wild goose, brant, snipe, or plover killed, exposed for sale, or had in his or her possession, either dead or alive, and in default thereof to be imprisoned in the workhouse for a period not less than thirty days nor more than six months.
“That no person shall kill, expose for sale, or have in his or her possession, either dead or alive, any water rail or ortolan, reed bird or rice bird, marsh blackbird, or other game bird not previously mentioned, between the first day of February and the first day of September, under a penalty of two dollars for each water rail or ortolan, reed bird or rice bird, marsh blackbird, or other game bird not previously mentioned, killed, exposed for sale, or had in his or her possession, either dead or alive, and in default thereof to be imprisoned in the workhouse for a period not less than fifteen days nor more than six months.
Game birds defined. “Sec. 3. That for the purposes of this Act the following only shall be considered game birds: The Anatidæ, commonly known as swans, geese, brant, river and sea ducks: the Rallidæ, commonly known as rails, coots, mud hens, and gallinules: the Limicolæ, commonly known as shore birds, plovers, surf birds, snipe, woodcock, sandpiper’s, tattlers, and curlews; the Gallimæ, commonly known as wild turkeys, grouse, prairie chickens, pheasants, partridges, and quails, and the species of Icteridræ, commonly known as marsh blackbirds and reed birds or rice birds.
Other birds protected. “That no person shall kill, catch, expose for sale, or have in his or her possession, living or dead, any wild bird other than a game bird, English sparrow, crow. Cooper’s hawk, sharpshinned hawk, or great horned owl; nor rob the nest of any such wild bird of eggs or young; nor destroy such nest except in the clearing of land of trees or brush, under a penalty of five dollars for every such bird killed, caught, exposed for sale, or had in his or her possession, either dead or alive, and for each nest destroyed, and in default thereof to be imprisoned in *Proviso.* Exemption of scientific collections.the workhouse for a period not exceeding thirty days: *Provided,* That this section shall not apply to birds or eggs collected for scientific purposes under permits issued by the superintendent of police of the District of Columbia in accordance with such instructions as the secretary of the Smithsonian Institution may prescribe, such permits to be in force for one year from date of issue and nontransferable.
Penalty for trapping. “That no person shall trap, net, or ensnare any waterfowl or other wild bird (except the English sparrow), or have in his or her possession any trap, snare, net, or illuminating device for the purpose of killing or capturing any such bird, under a penalty of five dollars for each waterfowl or other wild bird (except the English sparrow) killed or captured, and in default thereof to be imprisoned in the workhouse *Proviso.* —exception.not exceeding thirty days: *Provided,* That this Act shall not apply to birds or animals heretofore stuffed or to birds or animals hereafter killed in open season and subsequently stuffed.
” " Protection of fish. Vol. 30, p. 416, amended. Sec. 2. That section eight of an Act for the protection of fish in the District of Columbia, for the maintenance of a permanent spawning ground in the Potomac River in said District, and for other purposes, is hereby amended so as to read: 1093 " “Sec. 8. That all nets, boats, or other contrivances, the property Disposition of nets, etc., taken.of any person or persons convicted under the provisions of this Act, shall be confiscated to the District of Columbia, and the same shall be sold at public auction to the highest bidder, by the property clerk of said District, and the proceeds therefrom be deposited with the collector of taxes, as are other District revenues.
” " Sec. 3. That section two of “An Act for the protection of fish in Bass.the District of Columbia, for the maintenance of a permanent spawning ground in the Potomac River in said District, and for other purposes,” approved May seventeenth, eighteen hundred and ninety-eight, be, and is hereby, amended to read as follows: " “Sec. 2. That no person shall catch or kill in the waters of the Closed season.Potomac River or its tributaries within the District of Columbia any black bass (otherwise known as green bass and chub), crappie (other-wise known as calico bass and strawberry bass), between the first day of April and the twenty-ninth day of May of each year, nor have in possession nor expose for sale any of said species between the dates aforesaid, nor catch or kill any of said species of fish at any other time during the year except by angling, nor catch nor kill any of the aforesaid species by what are known as out lines or trot lines, having a succession of hooks or devices.
” " Approved, March 3, 1901.