Songbirds; trapping, killing or injuring prohibited.

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It shall be unlawful for any person to shoot, ensnare or trap for the purpose of killing or in any other manner to injure or destroy any songbird, or birds whose principal food consists of insects, comprising all the species and varieties of birds represented by the several families of bluebirds, including the western and mountain bluebirds; also bobolinks, catbirds, chickadees, cuckoos, which includes the chaparral bird or roadrunner (Geococcyx novo mexicanus), flickers, flycatchers, grosbeaks, humming birds, kinglets, martins, meadowlarks, nighthawks or bull bats, nuthatches, orioles, robins, shrikes, swallows, swifts, tanagers, titmice, thrushes, vireos, warblers, waxwings, whipporwills [whippoorwills], woodpeckers, wrens, and all other perching birds which feed entirely or chiefly on insects. This section does not prohibit the killing of such birds for scientific purposes under permits from the department of game and fish.

History: Laws 1912, ch. 85, § 55; Code 1915, § 2478; Laws 1915, ch. 101, § 16; C.S. 1929, § 57-263; 1941 Comp., § 43-215; 1953 Comp., § 53-2-15; Laws 1967, ch. 119, § 1.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Protection of migratory birds as within scope of treaty-making power, 4 A.L.R. 1388, 134 A.L.R. 882.

Power of Congress to protect migratory birds, 11 A.L.R. 991.

38 C.J.S. Game §§ 8, 22-28, 30, 51, 76.


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