BIRD RESERVES.

All of the bird reserves have been created through reference from the Interior Department to the President of forms of Executive orders providing therefor. These reserves are regarded as in all essential particulars reservations of public lands for public use or other purposes, for which there are numerous precedents. The first specific act of Congress providing for the protection of birds by bird reserves created by Executive order was introduced by Hon. John F. Lacy, of Iowa, and became a law on June 28, 1906. (34 Stat., 536.) This act made it unlawful to kill birds, to take their eggs, or to willfully disturb birds upon the reservations, and it provides a fine of not exceeding $500 or imprisonment for not exceeding six months, or both fine and imprisonment, for each conviction secured. This law was substantially reenacted in the new penal code approved March 4, 1909 (35 Stat., 1104), in the following language:

SEC. 84. Whoever shall hunt, capture, willfully disturb, or kill any bird of any kind whatever, or take the eggs of any such bird, on any lands of the United States which have been set apart or reserved as breeding grounds for birds by any law, proclamation, or Executive order, except under such rules and regulations as the Secretary of Agriculture may from time to time prescribe, shall be fined not more than five hundred dollars or imprisoned not more than six months, or both.

The reservations now existing, which are being administered under the direction of the Biological Survey, Department of Agriculture, are 65 in number, as follows:

Bird reserves created.

During the year 9 new reserves for the protection of native birds were created, as follows:

BIRD RESERVES CREATED DURING FISCAL YEAR 1913.

As appears from this list these reservations are scattered between Alaska and Porto Rico, two new ones in Alaska, one of which (the Aleutian Islands) was established not only for the purpose of protecting native birds but also for the encouragement of propagation of fur-bearing animals, reindeer, and food fishes. For the first time a bird reserve was established in the States of Arkansas, Nevada, Alabama, and Mississippi, and after a careful consideration, based upon representations made by this department, the Isthmian Canal Commission secured an Executive order for the protection of the native birds within the zone, which, in its punitive features, conforms to section 84 of the United States Penal Code. Jurisdiction over the Canal Zone Reservation is, however, retained by the Isthmian Canal Commission instead of being placed with the Department of Agriculture, as is the case in all other Government bird reserves.

In addition to these 9 new reserves, the Niobrara Reservation, Nebr., which was created by Executive order dated January 11, 1912, was enlarged by a second order of November 14, 1912, so as to include within its boundaries about 614 acres, covering the old parade ground of the Fort Niobrara Military Reservation, including a spring of fresh running water and some of the military buildings and barracks which could be used for stables and for residence purposes by a custodian. This additional tract has been fenced and small herds of buffalo, elk, and deer, donated by J. W. Gilbert, a citizen of Nebraska, have been permanently domiciled therein, and it is believed that the climate and natural environment will insure the healthful and rapid increase of all of these most valuable of the larger native mammals.

The creation of these 9 additional reservations brings the total number of bird reserves up to 65. and active administrative work by the Agricultural Department upon all of the reserves within its jurisdiction, which have been in serious need of efficient warden service, has been most satisfactory.