It is hereby ordered that Snake, Dead Man or Bird, and North Keys, situated in the island group known as Cedar Keys, on the west coast of Florida in Townships 15 and 16 South, Range 12 East, and Township 16 South, Range 13 East, Talla- hasse Meridian, within the boundary indicated by the broken line upon the diagram hereto attached and forming a part of this order be and the same are hereby, reserved and set apart for the use of the Department of Agriculture as a refuge and breeding ground for birds, subject to existing valid rights. It is unlawful, within this reservation, (a) to hunt, trap, capture, wilfully disturb, or kill any wild animal or bird of any kind whatever, or take or destroy the eggs of any wild bird, to occupy or use any part of the reservation, or enter thereon for any purpose, except under such rules and regulations as may be prescribed by the Secretary of Agriculture; (b) to cut, burn or destroy any timber, underbrush, grass, or other natural growth; (c) wilfully to leave or suffer fire to burn unattended near any timber or other inflammable material; (d) after building a fire in or near any forest, timber, or other imflammable material, to leave it without totally extinguishing it; and (e) wilfully to injure, molest, or destroy any property of the United States. Warning is expressly given to all persons not to commit any of the acts herein enumerated, under the penalties prescribed by sections 52, 53, and 84 as amended April 15, 1924, of the United States Penal Code, or by the Act of February 18, 1929 (45 Stat. 1222). This refuge shall be known as the Cedar Keys Bird Refuge. HERBERT HOOVER The White House, July 16, 1929.
Executive Order 5158—Establishing Cedar Keys Bird Refuge, Florida
Executive Brief • At a Glance
Snake, Dead Man or Bird, and North Keys, situated in the island group known as Cedar Keys, on the west coast of Florida in Townships 15 and 16 South, Range 12 East, and Township 16 South, Range 13 East, Talla- hasse Meridian, within the boundary indicated by the broken line upon the diagram hereto attached and forming a part of this order be and the same are hereby, reserved and set apart for the use of the Department of Agriculture as a refuge and breeding ground for birds, subject to existing valid rights.
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Herbert Hoover on July 16, 1929, this order concerns Establishing Cedar Keys Bird Refuge, Florida. Snake, Dead Man or Bird, and North Keys, situated in the island group known as Cedar Keys, on the west coast of Florida in Townships 15 and 16 South, Range 12 East, and Township 16 South, Range 13 East, Talla- hasse Meridian, within the boundary indicated by the broken line upon the diagram hereto attached and forming a part of this order be and the same are hereby, reserved and set apart for the use of the…
Key Directives & Operative Actions
Snake, Dead Man or Bird, and North Keys, situated in the island group known as Cedar Keys, on the west coast of Florida in Townships 15 and 16 South, Range 12 East, and Township 16 South, Range 13 East, Talla- hasse Meridian, within the boundary indicated by the broken line upon the diagram hereto attached and forming a part of this order be and the same are hereby, reserved and set apart for the use of the Department of Agriculture as a refuge and breeding ground for birds, subject to existing valid rights.
It is unlawful, within this reservation, (a) to hunt, trap, capture, wilfully disturb, or kill any wild animal or bird of any kind whatever, or take or destroy the eggs of any wild bird, to occupy or use any part of the reservation, or enter thereon for any purpose, except under such rules and regulations as may be prescribed by the Secretary of Agriculture; (b) to cut, burn or destroy any timber, underbrush, grass, or other natural growth; (c) wilfully to leave or suffer fire to burn unattended near any timber or other inflammable material; (d) after building a fire in or near any forest, timber, or other imflammable material, to leave it without totally extinguishing it; and (e) wilfully to injure, molest, or destroy any property of the…
Warning is expressly given to all persons not to commit any of the acts herein enumerated, under the penalties prescribed by sections 52, 53, and 84 as amended April 15, 1924, of the United States Penal Code, or by the Act of February 18, 1929 (45 Stat. 1222).
This refuge shall be known as the Cedar Keys Bird Refuge.
Constitutional & Societal Entities Impacted
Policy Areas & Topics
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
"When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."
James Madison
Separation of Powers & Legislative Primacy
"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)
Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.
Alexander Hamilton
The Energetic Executive & Unified Command
"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)
Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.
George Mason
Bill of Rights, Due Process & 10th Amendment
"The purse and the sword ought never to be in the same hands... nor the liberties of the citizen placed at the pleasure of a single magistrate." — Virginia Ratifying Convention (1788)
George Mason and the Anti-Federalists would sound a fierce warning. They feared that Article II would inevitably evolve into an elective monarchy. When an executive order impacts private rights, property, or civil liberties without individualized judicial process, Mason would see their darkest predictions verified.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Youngstown Jacksonian Tier
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 5158 (July 16, 1929), https://executiveordersarchive.org/orders/app-executive-order-5158-establishing-cedar-keys-bird-refuge-florida.