Chap. 389.—An ACT to amend and re-enact Sections 34, 35, 36, 37, 38 and 46 of
Chapter 247, Acts 1930, relating to the Game, Inland Fish and Dog Code of
Virginia. [H B 137]

Approved March 30, 1936

1. Be it enacted by the General Assembly of Virginia, That sec-
tions thirty-four, thirty-five, thirty-six, thirty-seven, thirty-eight, and
forty-six of chapter two hunudred and forty-seven, Acts nineteen
hundred and thirty, be and the same are hereby amended and
re-enacted so as to read as follows:

Section 34. Closing or shortening season in emergency or when
there is unusual scarcity of wild birds, wild animals or fish—When-
ever extreme weather threatens the welfare of wild birds, wild animals
or fish or whenever such wild birds, wild animals or fish have been
seriously affected by adverse weather conditions or when investigation
of said commission shows that there is an unusual scarcity of any
species thereof, or when there is substantial demand from any section
or county, the commission may close or shorten the open season in the
section or county affected and give notice thereof immediately by pub-
lishing such action in one or more newspapers having a general circu-
lation in the section or county, which notice shall be published at least
three days before such action shall become effective.

UNLAWFUL HUNTING AND TRAPPING

Section 35. Unlawful to hunt, trap, possess, sell or transport wild
birds and wild animals except as permitted—Unless and until other-
wise provided by a regulation of the commission, in accordance with
the provisions of law, the following shall be unlawful:

(a) To hunt or kill any wild bird or wild animal, including any
predatory or undesirable species, with a gun or other firearm on Sun-
day, which is hereby declared a rest day for all species of wild bird
and wild animal life.

(b) To destroy or molest the nests, eggs, dens or young of any
wild bird or wild animal, except predatory or undesirable species, at
any time without a permit as required by law, provided that wild
animals may be dug out of dens in accordance with regulations of the
commission.

(c) To hunt or attempt to kill or trap any species of game after
having obtained the daily bag or season limit during such day or
season.

(d) To occupy any baited blind or other baited place for the pur-
pose of taking or attempting to take any wild bird or wild animal or
to put out bait or salt for any wild bird or wild animal for the pur-
pose of taking or killing the same unless permitted by a regulation of
the commission, except that this shall not apply to baiting predatory
or undesirable species of animals and birds, or to baiting traps for the
purpose of taking furbearing animals that may be lawfully trapped.

(e) To kill or capture any wild bird or wild animal adjacent to any
area while a field or forest fire is in progress.

(£) To shoot any game bird or game animal from an automobile or
other vehicle.

(g) To hunt or track woodcock or non-migratory game birds or
game animals in the snow, either on or off one’s own lands, except as
permitted by regulations of the commission; provided that landowners
may kill rabbits in the snow on their lands for their own personal use.

(h) To set a trap of any kind on the lands or waters of another
without attaching the name and address of the trapper thereto.

(1) To set a trap where it would be likely to injure persons, dogs,
stock or fowl.

(j) To fail to visit all traps once each day and remove all animals
caught therein, and forthwith report to the landowner as to stock, dogs
or fowl caught therein and the date.

(k) To hunt, trap, take, capture, kill, attempt to take, capture or
kill, possess, offer for sale, sell, offer to purchase, purchase, deliver for
shipment, ship, cause to be shipped, deliver for transportation, trans-
port, cause to be transported, carry or cause to be carried, by any means
whatever, receive for shipment, transportation or carriage, or export,
or import, at any time or in any manner, any wild bird or wild animal
or the carcass or any part thereof, except as specifically permitted by
law and only by the manner or means and within the numbers stated.

For the purpose of the hunting and trapping laws of this State, big
game shall include bear, deer and elk and small game shall include all
other game birds and game animals. Wild birds and wild animals
shall be classed as follows:

(a) Non-migratory game birds; Grouse, ringnecked and _ other
introduced species of pheasants, quail and turkey.

(b) Migratory game birds: Doves, ducks, brant, geese, swan, coot,
gallimules, sora, other rails, plovers, snipe, woodcock and yellowlegs.

(c) Game animals: Bear, deer, elk, fox, rabbit and squirrel.

(d) Furbearing animals: Beaver, mink, muskrat, opossum, otter,
raccoon, skunk.

(e) Predatory or undersirable species of birds and animals: Black-
bird, buzzard, crow, eagle, English sparrow, hawk, jaybird, owl and
starling, weasel, wild cat and all other wild animals not otherwise
classed as game or furbearing animals.

LAWFUL HUNTING

Section 36. Methods of hunting wild birds and wild animals, open
and closed seasons, bag limits, et cetera——There shall be a continuous
open season for killing predatory or undersirable species of wild birds
and wild animals and a continuous closed hunting season on all other
species of wild birds and wild animals except as provided by this
section.

(a) Non-migratory game birds may be hunted with a shotgun only,
not larger than ten guage, fired from the shoulder, and game and fur-
bearing animals with such a gun, or a rifle, unless shooting is expressly
prohibited.

(b) Non-migratory game birds and animals may be hunted from
one-half hour before sunrise to one-half hour after sunset.

(c) Foxes and furbearing animals and predatory or undesirable
species of birds and animals may be hunted by day or by night.

(d) All game birds, game and furbearing animals and predatory
or undesirable species of birds and animals may be hunted with or
without the aid of a dog, unless the use of a dog is expressly
prohibited.

(e) A landowner may shoot furbearing animals except beaver and
raccoons, upon his own lands during closed season. When raccoons are
damaging crops the owner of the premises may have the same killed
under permit obtained from the game warden of the county authorizing
same.

(£) It shall be lawful to hunt the wild birds and wild animals named
herein, within the daily and season bag limits, if any, during the open
season provided, including the first and last days thereof, as follows:

OPEN SEASONS FOR HUNTING
Non-migratory Game Birds

Grouse.—Open hunting season, November fifteenth-January thirty-
first. Bag limit, four a day, sixteen a season.

Pheasant, ring-necked only—Open hunting season, November fif-
teenth-December thirty-first. Bag limit, four a day, twenty a season.

Quail—Open hunting season November fifteenth-January thirty-
first. Bag limit, twelve a day, one hundred and fifty a season.

Turkey.—Open hunting season, November fifteenth-January thirty-
first. Bag limit, two a day, four a season.

Migratory Game Birds

Migratory game birds may be hunted in accordance with regula-
tions of the commission, which regulations shall conform to the
regulations of the United States government insofar as open seasons
and bag limits are concerned.

Game Animals

Black bear.—Open hunting season, November fifteenth-December
thirty-first. Bag limit, one a season.

Black bear may be killed by any person when such animal is in-
flicting or attempting to inflict injury to the person or property of
any one, or in a pursuit commenced within twenty-four hours after the
commission of such offense. Any person killing a bear under this
provision shall forthwith report the same to the game warden of the
county.

Deer, with horns visible above the hair only —Unlawful to molest
while in the water of any stream, lake or pond, or to hunt with dogs
in the counties west of the Blue Ridge mountains, except in Craig
county. Open hunting season, November fifteenth-December thirty-
first.

Bag limit, one a season.

Elk, with horns visible above the hair only.—Unlawful to molest
while in the water of any stream, lake or pond or to hunt with dogs.
Open hunting season, December first-December third, and December
fourth should either of the said days be Sunday.

Bag limit, one a season.

Fox.—Open season for shooting, October first-January thirty-first.
Continuous open season for hunting with dogs only.

Foxes may be killed at any time by the owner or tenant of any
land when such animals are doing damage to domestic stock or fowl.

Rabbits——Open hunting season, November fifteenth-January thirty-
first.

Bag limit, ten a day, one hundred and fifty a season. Resident land-
owners and their children, resident members of hunt clubs who own
the land in fee, either jointly or through a holding corporation, and
tenants residing upon the premises, with the written permission of the
landowner, may kill rabbits for their own use during the closed season.
Further, when rabbits are damaging fruit trees or crops, the owner of
such premises may have the same killed under permit obtained from
the game warden of the county authorizing same.

Squirrels—Open hunting season, September first-January thirty-
first.

Bag limit, ten a day, one hundred and fifty a season.

Resident landowners and their children, resident members of hunt
clubs who own the land in fee, either jointly or through a holding
corporation, and tenants residing upon the premises, with the written
permission of the landowner, may kill squirrels for their own use
during the closed season. Further, when squirrels are damaging crops,
the owner of the premises may have the same killed under permit
obtained from the game warden of the county authorizing same.

Furbearing Animals

Mink.—Open hunting season, October first-January thirty-first.
Opossum.—Open hunting season, October first-January thirtv-first.
Otter—Open hunting season, October first-January thirty-first.
Raccoon.—Open hunting season, October first-January thirty-first.
Skunk.—Open hunting season, October first-January thirty-first.

LAWFUL TRAPPING

Section 37. Open and closed season for trapping, bag limits, et
cetera—There shall be a continuous open season for trapping preda-
tory or undesirable species of wild birds and wild furbearing animals
and a continuous closed trapping season on all other species of wild
birds and wild animals, except as provided by this section.

(a) The trapper shall be responsible for all damage done by his
traps and any person finding a trap set contrary to law may destroy
the same.

(b) A landowner may trap furbearing animals, except beaver and
raccoons, upon his own land during closed season. When racoons are
damaging crops the owner of the premises may have the same
trapped under permit obtained from the game warden of the county
authorizing same.

(c) Licensed trappers may shoot wild animals caught in traps with
a revolver or with a gun during the open hunting season if such
trapper has license to hunt.

(d) It shall be lawful to trap the wild animals named herein within
the daily bag and season limits, if any, during the open season pro-
vided, including the first and last days thereof, as follows:

OPEN SEASONS FOR TRAPPING
Game Animals

Black bear.—Open trapping season, November fifteenth-December
thirty-first.

Fox.—Open trapping season, November fifteenth-January thirty-
first. .

Rabbit —Open trapping season, November fifteenth-January thirty-
first.

Bag limit, ten a day, one hundred and fifty a season.

Furbearing Animals

Mink.—Open trapping season, November fifteenth-January thirty-
first.

Muskrat.—Open trapping season, December fifteenth-March thirty-
first. .

Opossum.—Open trapping season, November fifteenth-January
thirty-first.

Otter—Open trapping season, November fifteenth-January thirty-
first.

Skunk.—Open trapping season, November fifteenth-March thirty-
first.

Section 38. Hunting and trapping defined——Hunting and trapping
wild birds and wild animals includes hunting, trapping, tracking, pur-
suing, chasing, shooting, snaring or netting such birds or animals, and
lesser acts, such as attempting to hunt, trap, track, pursue, chase, shoot,
snare or net wild birds or wild animals, and any act of assistance to
any person who is hunting or trapping or attempting to do so whether
the same results in taking or not provided that whenever hunting or
trapping is permitted reference is made to so doing by lawful means
and in a lawful manner.

Section 46. Importation of birds and animals.—Live wolves or
coyotes, or birds and animals otherwise classed as predatory or un-
desirable, may not be imported into this State, or liberated therein,
except under a special permit of the commission. Non-predatory birds,
animals or fish may be imported, but upon arrival in this State, shall
be subject to the laws governing the possession of such birds, animals
and fish in Virginia. A returning licensed hunter or fisherman may
bring into this State, either in his personal possession or as his bag-
gage, on the same conveyance with him, exposed to view and plainly
labeled or tagged with his name and address, game and fish legally
taken in another state, but limited to the quantity he could legally
take in one day in Virginia. Nothing herein shall be construed as
applying to birds, animals and fish being transported in unbroken
packages from beyond the confines of this State through the same to
another state. All acts, general or special, in conflict with the pro-
visions hereof, and all amendments thereto, are hereby repealed. The
regulations of the commission now in effect are hereby continued in
force until rescinded by said commission. The provisions hereof shall
become effective July first, nineteen hundred and thirty-six.