Chap. 209.—An ACT to repeal an act regulating the hunting of ducks from
blinds in the counties of Westmoreland, Richmond, Lancaster, Northumber-
land, and Prince George, approved March 27, 1934, and to add a new section
to the Game, Inland Fish and Dog Code of Virginia. [S B 148]

Approved March 21, 1936

1. Be it enacted by the General Assembly of Virginia, That an act
entitled an act to define the rights of riparian owners, their lessees and
licensees, in the counties of Westmoreland, Richmond, Lancaster,
Northumberland and Prince George, in the matter of selection of
position of blinds from which to shoot ducks, to provide for the
protection of such rights, to prescribe the distances at which such
blinds may, and may not, be located from the shore line in the different
waters of the Commonwealth and from the property line of other
persons, the depth of water in which such blinds may be located, and
the distances between blinds, to make it unlawful to erect or maintain
blinds at certain places in certain waters, to provide for the issuing
of licenses to erect and maintain such blinds, and to prescribe the fees
to be paid therefor, and to prescribe penalties for violations thereof,
approved March twenty-seventh, nineteen hundred and thirty-four, be
and the same is hereby repealed and that a new section be added to
Chapter two hundred and forty-seven, Acts nineteen hundred and
thirty, to be known as section nineteen-e, reading as follows:

Section 19-e. Unlawful to Hunt Waterfowl From Unlicensed
Blinds.—It shall be unlawful to hunt migratory waterfowl in the public
waters of this State and the shores thereof from unlicensed blinds,
whether stationary or floating and any person hunting waterfowl shall
also have a season license to hunt.
(a) Stationary Blinds.—Stationary blinds shall include blinds
erected on the shores of the public waters and brush or stake blinds,
or other stationary blinds permitted by law in the public waters at a
fixed and stationary location the required distance from other blinds.
No club or individual who does not own riparian rights shall be per-
mitted to license more than two brush or stake blinds, or other station-
ary blinds in the public waters in any one season. Stationary blinds
shall be erected not later than November first of each year.

(b) Floating Blinds.—Floating blinds shall include mat blinds, or
other floating blinds permitted by law in the public waters and may be
used in any position therein at different locations from day to day so
long as such blind is anchored the required distance from any other
occupied blind permitted by law, unless agreed otherwise between the
parties. Licenses for floating blinds shall be limited to one mat blind
and one other floating blind, if permitted by law, in any one season,
to any one applicant.

(c) Fees for Waterfowl Blind Licenses.—The fees for waterfowl
blind license shall be as follows:

1. lor a stationary blind erected on the shore of the riparian owner
to shoot on or over the public waters, resident, five dollars ; nonresident,
ten dollars.

2. For a stationary brush or stake blind, or other stationary blind
permitted by law, in the public waters, to shoot on or over said waters,
resident, five dollars ; nonresident, ten dollars.

3. For a mat blind, or other floating blind, permitted by law in the
public waters, to shoot on or over said waters; resident, ten dollars;
nonresident, twenty-five dollars.

(d) Stationary Blinds on Shore and In the Public Waters for the
Owners of Riparian Rights, Their Lessees or Permittees.—The owners
of riparian rights, their lessees or permittees, who desire to do so,
shall have the exclusive privilege of licensing and erecting blinds on
their shore line, and the prior right of licensing and erecting blinds
in the public waters in front of such shore line, to shoot waterfowl on
or over the public waters and when such license has been obtained
and a stake, or a blind, erected on the site with the metal license plate
supplied with the license for that season affixed thereto, no other
stationary or floating blind shall locate in the public waters within less
than five hundred yards thereof without the consent of such riparian
owner, lessee or permittee. Riparian owners, their lessees, or permittees,
may obtain licenses on and after July first and on or before August
thirty-first of each year and a stake, or a blind, shall be erected on
the site and the metal license plate supplied with the license for that
season affixed thereto within ten days.

(e) Stationary Blinds in the Public Waters for Nonriparian
Owners.—Unless the license has been obtained and a stake, or a blind
erected and marked as aforesaid within the time stated, the owners
of riparian rights, their lessees or permittees, shall forfeit the privilege
of licensing blinds on their shores and also priority for licensing
stationary blinds in the public waters adjoining such shores. Any
locations remaining in the public water shall belong to whoever first
obtains license and erects a stake, or a blind, and cannot be located
in water having a greater depth than 8 ft. at mean high tide, on the
side selected, which must be at least five hundred yards from any other
stationary blind, with the metal license plate supplied with the license
for that season affixed thereto. The license for a stake or brush blind,
or other stationary blind permitted by law, in the public waters, may
be obtained on and after July first and on or before September thirtieth
and a stake or a blind shall be erected on the site with the metal license
plate supplied with the license for that season affixed thereto within
ten days.

(£) Floating Blinds——Licenses for mat blinds, or other floating
blinds permitted by law, in the public waters, may be obtained on
and after July first and on or before October thirty-first. Floating
blinds shall have the metal license plate supplied with the license for
that season affixed thereto and shall anchor or tie out at least five
hundred yards from any licensed stationary blind which is then oc-
cupied for shooting, whether on the shore or in the water, unless
agreed otherwise between the parties, and this shall include any boat
or tender accompanying such floating blind.

(g) Renewing Licenses——The holders of licenses first issued under
this act may renew the same privileges each succeeding year by licens-
ing the same within the time required and placing the metal license
tag on the stake or blind as required by this act. If any blind shall be
destroyed in any manner beyond the control of the owner it may be
replaced within thirty days without losing the position which it
formerly occupied. Those licensing stationary blinds in the public
waters shall remove the same when the licenses are allowed to expire
or when they no longer intend to use them.

(h) Obtaining Licenses——All applications for blind licenses under
this act shall be made to the clerk of the circuit court of the county
wherein or nearest which the blind site is located or in which it is to
be used, who shall be paid similar fees as for issuing hunting licenses.
With each license the clerk shall deliver a metal license plate bearing
the number of the license, which shall be affixed to the blind where it
may be easily observed. The commission shall furnish the licenses and
license plates provided for in this act. The money arising from the
sale of blind licenses shall be paid into the game protection fund.

(1) Penalty for Violations——Any person who shall erect a station-
ary blind or anchor a floating blind in the public waters nearer to any
other licensed blind than five hundred yards without the consent of
such licensee shall be deemed guilty of a trespass and the owner thereof
may maintain action for damages. The violations of any of the provi-
sions of law or regulation as to hunting migratory waterfowl from
the blinds permitted in this act shall constitute a misdemeanor and
subject the offender to a fine of not less than ten nor more than five
hundred dollars, or confinement in jail not exceeding twelve months,
or both in the discretion of the court or jury trying the case. Further-
more, the trial court shall immediately revoke the license of the
blind owner where the offense was committed and he shall not have
a similar license during that open season but may be eligible for license
thereafter upon the same conditions that would apply to a new ap-
plicant. Any blind, license for which has been revoked, shall be de-
stroyed by the former licensee, or game warden.

(k) Application of Act.—The provisions of this act shall not apply
to the shores and public waters and marshes of Accomac, Northampton
and Princess Anne Counties.

(1) Regulations to Be Issued; Present Regulations Continued in
Force.—The commission shall have the power to amend or alter the
provisions of this act by regulation prescribing a lesser distance between
blinds than five hundred yards whenever and wherever such action
seems practicable and desirable and may adopt other regulations con-
cerning the use of such blinds as may appear advisable to meet chang-
ing conditions as to hunting migratory game birds and the regula-
tions of the commission now applying to such hunting are hereby
continued in force until amended or repealed by said commission.