Except as otherwise provided in this section, an individual may not take, have in possession, or intentionally break or destroy any nest or the eggs of the kinds of birds, the taking or killing of which is at any time or at all times prohibited. A violation of this section is a Class 2 misdemeanor. Nothing in this section prohibits any egg salvage activity if:

1. (1) The individual holds a migratory bird special purpose salvage permit, issued by the United States Fish and Wildlife Service, in accordance with 50 C.F.R § 21.95 (January 1, 2026); and
2. (2) The salvage activity does not involve the eggs of birds, the taking or killing of which is at all times prohibited.

Source: SDC 1939, § 25.0403; SL 1991, ch 337 , § 74; SL 2026, ch 172 , § 1.