(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.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.