It shall be unlawful (1) for any person to hunt or have in his or her possession, living or dead, any protected bird or part of any such bird or (2) for any person to take or needlessly destroy the nests or eggs of any protected birds or to have in his or her possession the nests or eggs of such birds.

This section shall not be construed to apply to the possession of species lawfully acquired prior to the effective date of protection of a given species or to prohibit importation into the state of species which may be otherwise lawfully imported into the state or the United States or lawfully taken, acquired, or removed from another state if the person engaging therein demonstrates by substantial proof that such species was lawfully taken or removed from such state.