(a) No person shall shoot at or kill any bird or animal protected by the laws of this State by means of any firearms at any time or place while such person is the occupant of any motor vehicle, motor or sail boat or is riding in or upon any piece of farm machinery, unless said person is legally hunting crippled migratory birds from a motorboat as permitted by federal law. The presence of any person in or on any conveyance used in violation of this section shall be deemed to be a violation of this section.
(b) Whoever violates this section in the daytime, between sunrise and sunset, shall be guilty of a class C environmental violation for each offense. Whoever violates this section between sunset and sunrise of any day, shall be guilty of a class B environmental misdemeanor for each offense.