§ 4902

Wild birds generally; no open season; exception (a) Wild birds, other than pigeons, shall not be taken, possessed, bought, or sold, at any time, except as provided by this part, rules of the Board, or orders of the Commissioner. (b) Harm or death of a migratory bird listed as protected in the Migratory Bird Treaty Act, 16 U.S.C. §§ 703-712 as of July 1, 2020, that results from human activity where the intent was not to harm or kill the bird, but where bird harm or death was a direct and foreseeable result of the activity, is prohibited. Nothing in this section shall require the Department to implement a new permitting program. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1963, No. 112, § 1; 1967, No. 22, § 1; 1981, No. 85, § 11, eff. May 7, 1981; 1991, No. 230 (Adj. Sess.), § 27; 2019, No. 172 (Adj. Sess.), § 2, eff. Oct. 8, 2020.)