Chap. 128.—An ACT to amend and re-enact Section 19-e, as amended, of the Game,
Inland Fish and Dog Code of Virginia, relating to the licensing of blinds for
hunting migratory waterfowl, so as to require a season license to hunt water-
fowl in certain counties to which the act does not apply otherwise. {fH 222]

Approved March 3, 1944

Be it enacted by the General Assembly of Virginia:

1. That section nineteen-e, as amended, of the Game, Inland Fish
and Dog Code of Virginia be amended and 1e-enacted, as follows:

Section 19-e. Unlawful to hunt waterfowl from unlicensed blinds.—
It shall be unlawful to hunt migratory waterfow] in the public waters of
this State and the shores thereof from unlicensed blinds, whether sta-
tionary 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 permitted to h-
cense more than two brush or stake blinds, or other stationary blinds
in the public waters in any one season. Stationary blinds shall be erected
not later than November first of each vear.

(b) Floating blinds.—Floating blinds shall include mat blinds, or
ather floating blinds permitted by law in the public waters and may be
used in any position therein at different locations from day to day as
long as such blind is anchored the required distance from any other oc-
cupied 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 licenses shall be as follows:

1. Fora stationary blind erected on the shores of the riparian owner
to shoot on or over the public waters, resident, five dollars; non-resident,
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; non-resident, 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; non-
resident, 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,
each year, 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 sup-
plied 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. 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 non-riparian owners.
—Unless the license has been obtained and a stake, or a blind, erected
and marked as aforesaid within the time stated, in any year, the owners
of riparian rights, their lessees or permittees, shall forfeit the privilege
of licensing blinds on their shores and also priority for licensing station-
ary blinds in the public waters adjoining such shores. Any locations re-
maining 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 eight feet at mean high tide, on the site 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 li-
cense for that season affixed thereto within ten days.
(f) 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 occupied 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 licensing
the same within the time required and placing the metal license tag on
the stake or blind as required by this act, provided that the exclusive
privileges prescribed with respect to owners and their lessees and per-
muttees in subsection (d) of this section shall be recurrent each year not-
withstanding that such privileges were forfeited to some other person or
persons in the preceding year. 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 li-
censing 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 where-
in 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 stationary
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 li-
censee shall be deemed guilty of a trespass and the owner thereof may
maintain action for damages. The violation of any of the provisions of
law or regulation as to hunting migratory waterfowl from the blinds per-
mitted 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 con-
finement in jail not exceeding twelve months, or both in the discretion
of the court or jury trying the case. Furthermore, 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 applicant. Any blind, license for which has been
revoked, shall be destroyed 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 Accomack, Northampton,
York and Princess Anne Counties, provided that in such counties no
person shall hunt migratory waterfowl, whether from a blind or other-
wise, without having obtained a season license to hunt.

(1) Regulations to be issued; present regulations continue 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 prac-
ticable and desirable and may adopt other regulations concerning the use
of such blinds as may appear advisable to meet changing conditions as to
hunting migratory game birds and the regulations of the commission
now applying to such hunting are hereby continued in force until amend-
ed or repealed by said commission; provided, however, that the commis-
sion shall not have the power to alter in any respect, by any means what-
soever, the privileges prescribed for owners and their lessees and per-
mittees in subsections (d) and (g) of this section.

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