(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. 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.
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