CHAPTER 318

An Act to amend and reenact § 29-90, as amended, of the Code of
Virginia, relating to the penalty for certain acts related to the hunt-
ing and shooting of migratory waterfowl. cr san
CHS. 318, 319, 320] ACTS OF ASSEMBLY 381

Be it enacted by the General Assembly of Virginia:
1. That § 29-90, as amended, of the Code of Virginia be amended and
reenacted as follows: .

§ 29-90. Any person who hunts migratory waterfowl] or shoots in
the public waters of this State from a boat, float, raft or other buoyant
craft or device nearer to any legally licensed erected stationary blind of
another than five hundred yards without the consent of the licensee, *
except when in active pursuit of a visible crippled waterfowl which was
legally shot by said person, and any person who shall erect a stationary
lind 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 main-
tain 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 article 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 discre-
tion 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been revoked, shall be destroyed by the former licensee, or game warden.
An erected stationary blind within the meaning of this section shall be a
constructed blind of such size and strength, when the blind is constructed
over water, that it can be occupied by one or more hunters, or large
enough to accommodate a boat or a skiff, and intended for use therefor.