(a) The entire State of Arkansas is designated, and shall constitute, a sanctuary for wild fowl of all species except black birds, crows, and starlings. No person shall catch, kill, injure, pursue, or have in his or her possession, either dead or alive, or purchase, expose for sale, transport, or ship to a point within or without the state, or receive or deliver for transportation any species of wild fowl except black birds, crows, and starlings unless authorized to do so by a validly adopted regulation of the Arkansas State Game and Fish Commission or by a federal regulation constitutionally adopted and imposed. However, sparrows and pigeons shall be excluded from the provisions of this section, provided that the exemption of pigeons from the provisions of this section shall not apply to Birmingham roller pigeons.
(1) Nothing contained in this section shall prohibit any person or institution from collecting wild birds or their nests or eggs, except birds protected by federal or state game laws, for scientific study, school instruction, or other educational uses.
(2) Any person desiring to collect birds or their nests or eggs by authority of this section shall make application with the Director of the Arkansas State Game and Fish Commission for a scientific collecting permit on a form furnished by the director.
(3) This application shall state the interest and need of the applicant in collection and the species and the number desired to be collected.
(4) Upon issuance of the permit, the holder shall carry the permit at all times while engaged in collecting and shall exhibit the permit upon demand to any law enforcement officer or person in lawful control of the land upon which he or she is collecting.
(5) A record shall be kept at all times by the permit holder of the number and variety of birds or their nests or eggs collected by authority of the permit, and a copy shall be sent to the Director of the Arkansas State Game and Fish Commission on or before June 30 of each year or upon demand by the director.
(6) Each permit shall be issued for a period of one (1) year from date and shall be issued without charge.
(c) Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed fifty dollars ($50.00).
Acts 1967, No. 78, §§ 1, 2, 4; A.S.A. 1947, §§ 47-709 -- 47-711.