(A) No person may take or destroy, or attempt to take or destroy, an active nest or the eggs of a wild bird or have an active nest or eggs in his possession, except pursuant to a permit issued by the department. An "active nest" means a nest with birds or eggs present.
(B) The department may issue a permit for the removal of an active nest or eggs that constitute a public safety threat or when birds are causing damage to property.
HISTORY: [Derived from former Section 50-11-2430 (1962 Code Section 28-403; 1952 Code Section 28-403; 1942 Code Section 1787-1; 1932 Code Section 1780; Cr. C. '22 Sections 757, 761; Cr. C. '12 Sections 734, 739; 1905 (24) 950; 1918 (30) 794; 1952 (47) 1686, 2179)]; 1988 Act No. 561, Section 1; 1993 Act No. 181, Section 1262; 2009 Act No. 58, Section 4, eff upon approval (became law without the Governor's signature on June 3, 2009).
Effect of Amendment
The 2009 amendment designated subsection (A), adding "an active" in the first sentence and the second sentence defining an "active nest"; and added subsection (B) providing for permits for removal of active nests or eggs.