Chap. 146.—An ACT to amend and re-enact clause seventh of section 3356 of
the Code of Virginia, relating to further protection of game. [S B 34]

Approved March 10, 1928

1. Be it enacted by the general assembly of Virginia, That clause
seventh of section thirty-three hundred and fifty-six of the Code of
Virginia, be and the same is hereby amended and re-enacted so as
to read as follows:

Clause seventh.—Power to regulate taking game birds, fur-
bearing or hair-bearing animals and game fish.—(a) In addition to
the powers otherwise conferred upon the commission of game and
inland fisheries, it shall have the power to prevent the destruction
of game birds and fur-bearing or hair-bearing animals and game fish
by restricting still further than is provided by general law the time,
manner and means by which they may be taken or killed; the
number that may be taken or removed in a given time and the man-
ner and condition of such removal, in any county, area or section
of the State; provided, however, that this shall not be construed as
authorizing said commission to exercise the authority hereby con-
ferred in such manner as to repeal, amend or change acts of the
general assembly which are of local application.

For carrying into effect the power hereby conferred, the com-
mission 1s empowered to promulgate rules and regulations in the
manner herein authorized and to prescribe penalties for violations
thereof. Prosecutions for such violations shall be by proceedings
before a magistrate or other court in the manner provided for mis-

demeanors and with like right of appeal. The penalty, which shall
not in any case exceed a fine of fifty dollars and costs, or thirty
days in jail, or both, shall be stated in any rule or regulation the
commission may promulgate. mo

(b) Said commission may upon its own motion, or upon writ-
ten petition of one hundred licensed resident hunters or land owners
of any county, area or section of the State, propose rules and regula-
tions pursuant to authority vested hereunder. The full text of
any rules or regulations proposed shall be published once a week
for two successive weeks in one or more newspapers published in
the county, area or section and if there be none such in one or more
newspapers of general circulation in the county, area or section,
naming a time and place when the matters contained in said publica-
tion will be acted upon, at which time anyone interested may be
heard. If the commission is satisfied that the proposed rules and
regulations or any parts thereof are necessary or advisable to con-
serve any of the species of game birds, fur-bearing or hair-bearing
animals named therein, such rules and regulations or any parts
thereof may be promulgated by publication in the manner provided
for proposing the same and shall become effective on a date named
in said publication.

(c) Provided, further, that in extreme weather threatening the

extinction of game birds and fur-bearing or hair-bearing animals,
the commission is authorized to terminate the current open season
On any species at once in any county, area or section of the State
and give notice of such order in one or more newspapers published
in the county. area or section, and if there be none such, in one or
more newspapers of general circulation in the county, area or sec-
tion at least ten days before the order shall become effective. A
certihed copy of any rule or regulation, or order entered by the
commission shall be mailed promptly to the clerk of the board of
supervisors of any county affected, who shall make a record of the
same and cause it to be posted in front of the courthouse of said
county.
- (d) The powers heretofore conferred on boards of supervisors
to prevent the destruction of game, fish, wild fowls, birds and fur-
hearing animals and to limit still further than is provided by general
law the time, manner and means by which they may be taken or
killed; the number that may be taken or removed from the county
in a given time, and the manner and condition of such removal
shall not be exercised hereafter by such boards of supervisors, but
such power shall be vested in the commission of game and inland
fisheries.