Chap. 90.—An ACT to amend and re-enact Sections 19, 20, 21, 22, 23, 24, 25, 26,
27, 28, 29 and 30 and to repeal Section 23% of Chapter 247, Acts 1930, relat-
ing to the Game, Inland Fish and Dog Code of Virginia. [S B 129]

Approved February 29, 1936

1. Be it enacted by the General Assembly of Virginia, That section
twenty-three and one-half of Chapter two hundred and forty-seven,
Acts nineteen hundred and thirty, be and the same is hereby repealed,
and sections nineteen, twenty, twenty-one, twenty-two, twenty-three,
twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight,
twenty-nine and thirty of said Act be, and the same are hereby
amended and re-enacted so as to read as follows:
CHAPTER 3—LICENSES REQUIRED

Section 19. Unlawful to Hunt, Trap or Fish Without License and
Fees Therefor.—lIt shall be unlawful to hunt, trap or fish in or on the
lands or inland waters of this State without first obtaining a license,
subject to the following exemptions:

First. License shall not be required of landowners, their husbands
or wives and their children, resident or non-resident, to hunt, trap and
fish within the boundaries of their own lands and inland waters.

Second. License shall not be required of bona fide tenants, renters
or lessees to hunt, trap or fish within the boundaries of the lands or
waters of which they are tenant, renter or lessee and on which they re-
side; provided such tenant, renter or lessee has the written consent of
the landlord upon his person.

Third. License shall not be required of resident persons under six-
teen years old to trap or fish.

Fourth. License shall not be required to trap for rabbits with box
traps.

Fifth. License shall not be required of residents to fish in the county
limits of the county of which they are resident as defined by section
twenty-two hereof, or to fish in the city limits of the city of which they
are resident, provided such person is not fishing with a rod and reel or
other method whereby artificial lures, or minnows are used as bait and
provided, further, that such person is not fishing for bass or trout.

(a) License Fees to Hunt and to Fish—The license fees to hunt
and to fish shall be as follows:

First. County resident season license to hunt and to fish in inland
waters above salt water within the county limits of the county of resi-
dence with a rod and reel, or other method whereby artificial lures or
minnows are used as bait or to fish for bass or trout, one dollar.

Second. State resident season license, three dollars.

Third. State nonresident season license, fifteen dollars and _ fifty
cents,

(b) License Fees to Hunt Only.—The license fees to hunt only
shall be as follows:

First. State resident season license, two dollars and fifty cents.

Second. State nonresident two-day license for two consecutive
days, the dates to be designated on the face of the license, five dollars.

(c) License Fees to Fish Only.—The license fees to fish only shall
be as follows:

First. State resident season license, two dollars.

Second. State nonresident season license, five dollars.

Third. State nonresident two-day license for two-consecutive days,
the dates to be designated on the face of the license, one dollar; pro-
vided such license shall not be valid in Bland, Giles and Tazewell
counties.

(d) License Fees to Trap Only.—The license fees to trap only
shall be as follows:

First. County resident season license, one dollar and fifty cents.

Second. State resident season license, five dollars.
Third. State nonresident season license, fifty dollars.

Section 20. License Required on Clubs, Associations or Preserves.
Nothing in this act shall be construed as permitting any person to hunt,
trap or fish in or on the lands or waters of any public or private club,
association or preserve of any description as a landowner or in any
other capacity unless such person has a license.

Section 21. How to Obtain License-—The clerks of the corpora-
tion courts of cities shall issue State licenses and the clerks of the
circuit courts of counties, and such agents as the commission may
otherwise designate, shall issue State licenses and county licenses for
their respective counties as provided for in this act and shall date and
sign the same. Applications for county resident licenses shall be made
in the county wherein the applicant has been a bona fide resident six
months next preceding or the county wherein the applicant is a legal
votor or the county wherein the unnaturalized person owns real estate
and in which he has resided five years or more next preceding or the
county wherein the commissioned or enlisted soldier, sailor or marine
is located or the county wherein the school a student is attending is
located or by residents of cities of less than fifteen thousand popula-
tion the county wherein such city is wholly located. The clerk or agent
shall have authority to require any applicant to make affidavit or to
furnish other satisfactory evidence that he or she is entitled to the
license applied for before issuing the same. All applications shall be
made in writing on blanks supplied by the commission, such applica-
tion setting forth the applicant’s age, color of hair and eyes, height,
postoffice address and such information as may be required by the par-
ticular application under the provisions of section twenty-two of this
act.

Section 22. Jurisdiction of County Licenses, Persons Entitled to
County and State Licenses and Those Required to Obtain Nonresident
Licenses.—The residents of counties bordering a non-tidal stream shall
have the right to hunt, trap and fish when not otherwise prohibited by
law or regulation in said stream opposite the shore line of the county
for which such resident has a county license and the residents of
counties bordering a tidal stream shall have such right to low water
mark or as far as the county limits of the county for which he has
license extends. The persons hereinafter defined are considered resi-
dents within the meaning of the game and inland fish laws and entitled
to county license to hunt, trap and fish in the county of which they are
resident, or of which they are legal voters, or in which they are sta-
tioned or located, or to licenses for the State at large, as follows:

(a) Any person born in the United States or who has been natura-
lized and who has also been a bona fide resident of the county six
months next preceding date of application for license in said county.

(b) Any legal voter of the county wherein license is applied for.

(c) Any unnaturalized person who owns real estate in the county
and who has actually resided therein not less than five years next pre-
ceding date of application for license in said county.

(d) Any person commissioned or enlisted in the United States
army, navy or marines, while stationed or located in the county where-
in license is applied for.

(e) Any nonresident student regularly enrolled in any bona fide
preparatory school, college or university in this State who presents a
certificate of enrollment for the current year to the clerk of the county
wherein such school is located.

(f) Residents of cities of less than fifteen thousand population by
the last United States census, the city limits of which are wholly within
the county wherein license is applied for.

All persons who do not come within the above classifications are
considered nonresidents and required to obtain nonresident license.

Section 23. Complimentary Licenses——The commission is autho-
rized to issue complimentary hunting licenses and complimentary fish-
ing licenses to the field inspectors of the United States Bureau of Bio-
logical Survey and the United States Bureau of Fisheries and public
officials of the United States and of other states engaged in conserva-
tion work; provided not more than fifty such complimentary hunting
licenses and fifty such complimentary fishing licenses shall be issued
during one fiscal year.

Section 24. Carrying and Displaying Licenses, et cetera——Every
person of whom license is required must carry said license and shall
show the same immediately upon demand of any officer whose duty it
is to enforce the game and inland fish laws, or upon the demand of
any owner or lessee, or of any employee or representative of such
owner or lessee, upon whose lands or waters such person may be hunt-
ing, trapping or fishing. Failure to exhibit license upon demand of any
game warden or other officer shall be a misdemeanor and prima facie
evidence that such person is hunting, trapping or fishing without license.
In the discretion of the commission, it may supply buttons or license
holders and require the license or button to be displayed in such
manner as it may determine.

Section 25. Contents of Licenses.—License shall run and be valid
from July first of each year to June thirtieth of the following year,
unless revoked in the manner herinafter provided, and shall be valid
from such date of purchase as may be on or succeeding July first until
the expiration date of such license, but only within the regulations and
restrictions provided by law. Said licenses shall be numbered and
printed in such forms as the commission may determine.

Section 26. Unlawful Acts and Penalties.—It shall be unlawful for
any person to make a false statment in order to secure a license or to
alter, change, borrow, or lend or attempt to use, borrow or lend a
license. Any person violating this provision shall pay a fine of not less
than ten nor more than one hundred dollars. Any person convicted of
hunting, trapping or fishing without license, when license is required,
shall pay a fine of not less than ten nor more than one hundred dollars
and such additional amount as is necessary to purchase the license
which he should have had, with which amount the license shall be pur-
chased, and it shall be discretionary with the court as to whether such
license is delivered to the offender or revoked. The purchase of a
license subsequent to an arrest, notice of summons to appear in court
for hunting, trapping or fishing without license shall not operate to
relieve said person from the penalties herein provided.

Section 27. Revocation of License.—If any person be found guilty
of violating any of the provisions of the hunting, trapping or inland
fish laws a second time, the license issued to said person shall be re-
voked by the court trying the case and he shall not apply for a new
license until twelve months succeeding date of conviction. If found
hunting, trapping or fishing during said prohibited period, such person
shall pay a fine of not less than fifty dollars nor more than one hundred
dollars. Licenses revoked shall be sent to the commission.

Section 28. Record of Delivery and Return of Licenses~—The
commission shall send to each clerk or agent on or before June twenty-
fifth of each year as many licenses as it may deem necessary and shall
charge him with the number sent. The clerk or agent shall keep a cor-
rect and complete record of all licenses issued, in a book to be furnished
by the commission, which record shall remain open to inspection by the
public at all reasonable times. Clerk and agents shall return to the com-
mission all unsold licenses and the stubs of licenses sold on July first
of each year, or within ten days thereafter.

Section 29. Compensation for Issuing Licenses; Reports Required.
—The gross amount of money received for licenses issued under this act
shall be paid into the treasury of Virginia by each clerk or agent and
he shall receive for such service fifteen cents for a county or city
license and twenty cents for all other kinds of licenses issued by him,
payable by the Treasurer of Virginia, on warrant of the Comptroller,
after audit by the commission of the amount due. There is hereby ap-
propriated out of such gross receipts such sums as may be necessary
for this purpose. When remitting to the State Treasurer, each clerk
or agent shall make a report to the Comptroller on form provided by
him, a copy of which he shall send the commission, which shall show
the serial numbers and quantity of licenses of each kind received, sold
and on hand unsold, the amount of gross collections for each kind and
the grand total remitted to the State Treasurer. Upon receipt into the
treasury of such sums, the Comptroller shall pass the same to the
credit of the game protection fund. For failure to make report and re-
mit the amount due within thirty days after the same should be made,
the clerk or agent shall forfeit the compensation due him for issuing
license on such report. Nothing herein shall require the clerk or agent
to remit his fees for issuing license certificates. The reports to the
Comptroller and commission and the remittances to the State Treasurer
shall be made as follows:

(a) For July, August and September, quarterly not later than
October fifth.

(b) For October, November and December, monthly, not later than
the fifth of the succeeding month.

(c) For January, February and March, quarterly, not later than
April fifth.

(d) For April, May and June, quarterly, not later than July fifth.
Section 30. License Certificates—If a license becomes lost or
destroyed, it shall be the duty of the person to whom issued to im-
mediately apply to the clerk or agent who issued the same for a license
certificate. Upon affidavit that the license has become lost or destroyed,
the clerk or agent shall issue a license certificate and endorse the num-
ber of the original license and date of issue thereon. The fee of the
clerk or agent for acknowledging the affidavit and issuing a license
certificate shall be twenty-five cents and shall be paid by the applicant.
No licenses shall be redeemed or exchanged. Spoiled licenses shall be
attached to the report of the clerk or agent and sent to the commission,
proper deductions from the gross amount being made therefor. The
commission shall furnish forms of affidavits and license certificates as
required by this section.