Chap. 474.—An ACT to repeal sections 3355, 3357, 3358, 3359, 3360 and 3364 of the
Code of Virginia in relation to hunting and trapping game and to repeal an act
entitled an act for the protection of certain kinds of game birds and to regulate
the killing, injuring, destruction and capture of same, ap roved March 4, 1920,
and an act entitled an act to prohibit the baiting of wi Af turkeys in this State
for the purpose of killing or capturing same, approved February 11, 1922, and
an act entitled an act to make it unlawful to destroy or disturb the nests of
wild turkeys in this Commonwealth, approved March 15, 1922, and an act en-
titled an act to regulate the shooting of wild waterfowl in this State approved
February 11, 1922, and an act entitled an act to prohibit the sale of deer in this
State, approved March 27, 1922, and to amend and re-enact section 3356 of the
Code of Vir inia in relation to hunting game, and to provide a more uniform
season therefor. [S B 141}

Approved March 22, 1924.

1. Beit enacted by the general assembly of Virginia, That sections
thirty-three hundred and fifty-five, thirty-three hundred and fifty-seven,
thirty-three hundred and fifty-eight, thirty-three hundred and fifty-
nine, thirty-three hundred and sixty, and thirty-three hundred and sixty-
four of the Code of Virginia, and an act entitled an act for the protection
of certain kinds of game birds and to regulate the killing, injuring,
destruction and capture of same, approved March fourth, nineteen hun-
dred and twenty, and an act entitled an act to prohibit the baiting of
wild turkeys in this State for the purpose of killing or capturing same,
approved February eleventh, nineteen hundred and twenty-two, and an
act entitled an act to make it unlawful to destroy or disturb the nests
of wild turkeys in this Commonwealth, approved March fifteenth, nine-
teen hundred and twenty-two, and an act entitled an act to regulate
the shooting of wild waterfowl in this State, approved February ele-
venth, nineteen hundred and twenty-two, and an act entitled an act
to prohibit the sale of deer in this State, approved March twenty-
seventh, nineteen hundred and twenty-two, be and the same are hereby
repealed and section thirty-three hundred and fifty-six of the Code of
Virginia amended and re-enacted so as to read as follows:

Section 3356. Unlawful hunting and possession of game and other
birds and animals.

First.—It shall be unlawful for any person to hunt, shoot at, kill or
capture any wild game bird or any wild game animal protected by law
in subsection ‘‘a’’ between one-half hour after sunset and one-half hour
before sunrise and subsection ‘‘b” between sunset and one-half hour
before sunrise; to possess any game bird or animal protected by law
during close season or any other wild bird at any time except as here-
inafter provided; to shoot any game on Sunday; to use reflectors or other
lights or sneak boats or artificial islands in detecting or capturing game
birds; to shoot at any game with a gun larger than a ten-bore fired from
the shoulder or shoot more than one gun at a time or a battery of guns;
to capture or to set or use any nets, traps or other devices for capturing
wild game birds or non-game birds; to destroy the nests, eggs or young
of any wild game bird or non-game bird at any time; to track or hunt
deer or elk in the snow or to kill, injure, capture or molest any deer
while in the waters of any stream, lake or pond, or to kill, take, injure or
capture any wild deer or elk, at any time except a deer or elk having
horns visible above the hair; to bait wild turkeys to a blind or other
place or track or hunt wild turkeys, pheasants or grouse, partridge (or
quail), or woodcock in the snow; provided that nothing herein shall
apply to the English sparrow, owl, hawk, crow, blackbird or jaybird, or
affect in any manner the provisions of chapter four hundred and seventy-
five, acts nineteen hundred and twenty; chapter four hundred and
eighteen, acts nineteen hundred and twenty and chapter two hundred
and sixty-six, acts nineteen hundred and eighteen; provided further that
the commissioner of game and inland fisheries is hereby given authority
to issue permits for the capture of any wild game animal or wild game
bird or take the eggs thereof, under such rules and regulations as he may
prescribe, for propagating purposes at the State game farm or for re-
stocking depleted sections and State game sanctuaries. It shall be law-
ful to use a dog or dogs when hunting game birds and game animals
. during the open season therefor.

Second. Closed season.—(Subsection a). It shall be unlawful for
any person to hunt, kill or capture wild turkeys, pheasants or grouse,
partridge (or quail), hares (or rabbits) between January thirty-first and
November fifteenth, or deer between December thirty-first and Novem-
ber fifteenth, or squirrels between January thirty-first and September
first; provided that residents may kill or have killed hares (or rabbits)
and squirrels on their land at any time; provided, further, that each
species of game legally taken may be possessed five days after the close
of the open season therefor.

(Subsection b). It shall be unlawful for any person to hunt, kill or
capture any coot, gallinule, Wilson snipe (or jacksnipe) between Jan-
uary thirty-first and November first; sora or other ra*l (except coot and
gallinule) between November thirtieth and September first; black-
bellied or golden plover or greater or lesser yellowing between November
thirtieth and August sixteenth; mourning dove between December fif-
teenth and September first. Should the United States regulations con-
cerning the shooting of the above named species of migratory birds be
changed, the provisions in this subsection shall be automatically changed
to conform with the United States regulations duly promulgated. Each
species of migratory bird legally taken may be possessed ten days after
the close of the open season therefor. Provided, further, that the cur-
rent closed season fixed in section second (subsections ‘“‘a”’ and ‘“‘b’’) may
be lengthened only by fixing a date for same to take effect, as otherwise
provided, earlier than prescribed in this act.

Third. Bag limit.—(Subsection c). It shall be unlawful for any
person to capture, kill or destroy more than:

Two wild turkeys a day, or six in any one season.

Four pheasants or grouse a day, or twenty in any one season.

Fifteen partridge (or quail) a day, or one hundred and fifty in any
one season.

One deer a day, or two in any one season.

(Subsection d). It shall be unlawful for any person to capture, kill
or destroy more than:
Ducks (except wood-ducks and eider-ducks, on which season is en-
tirely closed).—Twenty-five in the aggregate of all kinds a day, or three
hundred and fifty in any one season.

Geese.—Eight in the aggregate of all kinds a day, or fifty in any one
season.

Brant.—Eight a day, or thirty in any one season.

Rails, coot and gallinules (except sora).—Twenty-five in the aggre-
gate of all kinds a day, or two hundred and fifty in any one season.

Sora.—Fifty a day or five hundred in any one season.

Black-bellied and golden plovers and greater and lesser yellowlegs.—
Fifteen in the aggregate of all kinds a day, or two hundred in any one
season.

Wilson snipe (or jacksnipe).—T wenty-five a day, or two hundred and
fifty in any one season.

Woodcock.—Six a day, or twenty-five in any one season.

Doves (mourning).—Twenty-five a day, or two hundred and fifty in
any one season.

Provided that should the United States regulations concerning the
daily bag limit of the above named species of migratory birds be changed,
the provisions of this subsection shall be automatically changed to con-
form with the regulations of the United States duly promulgated. Game
birds and game animals lawfully killed or possessed within the maxi-
mum bag limit in section third (subsections ‘‘c”’ and ‘‘d’’) may be trans-
ported from one county to another within the confines of this State
during the open season.

Fourth. When unlawful and lawful to sell.—It shall be unlawful
for any person or persons, firm or corporation to at any time sell or offer
to sell or barter or exchange, or have in possession at any time for the
purpose of sale or barter or exchange (except as provided in chapter
two hundred and sixty-six, acts nineteen hundred and eighteen) the
carcass or any part of the carcass of any wild game animal or migratory
or non-migratory game or non-game bird, or any live wild game anima!
or migratory or non-migratory game or non-game bird protected by law.
or the plumage of any wild bird protected by law except a game bird
legally killed during the open season therefor; provided that hares (o1
rabbits), squirrels and muskrats killed, captured, or trapped during the
open season therefor may be sold.

Fifth. Seizure of unlawful devices.—All sneak boats, nets, traps, re-
flectors or other unlawful devices shall be seized by any game warden 0!
other officer and held by him as evidence, but the same shall not be
destroyed except by order of the court or justice having jurisdiction
upon warrants duly issued, which said court or Justice shall, upon satis-
factory evidence of the guilt of the party or of the unlawful nature o!
the article seized, order such article to be destroyed; provided that un.
lawful fixed devices may be destroyed by the officer where found. The
possession of any of said guns, sneak boats, nets, traps, reflectors 01
other unlawful devices shall be prima facie evidence of the guilt of the
person in whose possession they are found.

Sixth. Fines for violations.—Any person violating any of the pro.
visions of this act shall be deemed guilty of a misdemeanor, and, on con.
viction, punished by a fine of not less than five nor more than fifty dol.
lars or imprisoned in jail for not more than thirty days, or both, in the
discretion of the justice or jury trying the case; provided that any person
violating the provisions of subsection ‘‘c’” as to bag limit shall pay a
fine of five dollars for each partridge (or quail), pheasant or grouse; ten
dollars for each wild turkey and twenty-five dollars for each deer killed
in excess of the bag limit; provided further that for each bird killed in
excess of the bag limit in subsection ‘‘d’’ a fine of not less than five nor
more than twenty-five dollars may be assessed.

Seventh. The board of supervisors of any county (on written peti-
tion of one hundred licensed resident hunters or landowners thereof)
shall have the power to shorten the open season in their said county,
and by regulations not inconsistent with the provisions of this section
may further protect the game within their said county, and may include
in such protection other game not specifically mentioned in this section.
Providing, that in extreme emergency, threatening the extinction of
game birds or game animals, such as unusually heavy and continued
snows, or extraordinary severe weather, the board of supervisors of any
county is hereby authorized to terminate the current hunting season
immediately and give notice of such regulation at once in a newspaper
published in said county, and if there be none such, in a newspaper pub-
lished in an adjoining county or nearby city and having a general circu-
lation within said county, at least ten days before the order becomes
effective. A certified copy of any order entered by the board of super-
visors affecting the hunting season shall be mailed immediately as soon
as entered by the clerk of said board to the office of the department of

e and inland fisheries, Richmond, Virginia.

_ Eighth. All laws or parts of laws, local, special or general, in con-
flict with this act are hereby repealed. Nothing in this section shall be
construed as repealing any of the provisions of chapter 360 approved
March 28, 1914, an act to regulate the shooting and prevent the destruc-
tion of wild water fowl in the waters of Back Bay and its tributaries
and the lands adjacent thereto in the county of Princess Anne except
that the season bag limits on migratory game birds shall be as desig-
nated in this section.