Chap. 360.—An ACT to regulate the shooting and to prevent the destruc-
tion cf wild water fowl in the waters of Back Bay and its tributaries,
and the lands adjacent thereto, in the county of Princess Anne.

(H. B. 171.)
Approved March 28, 1914. ‘

1. Be it enacted by the general assembly of Virginia, That
it shall be unlawful for any person to shoot at or kill in any manner
or way, wild water fow! on the waters of Back bay or its tributaries,
or on the lands and marshes adjacent thereto, between the first of
February and the first of November of each and every year; pro-
vided, that should the United States regulations extend the spring
shooting beyond the first of February, the date for closing the sea-
son under this bill shall be extended to correspond with the date of
closing the season under the United States regulations.

2. That it shall be unlawful for any person to shoot at or kill
wild water fowl on the waters of Back bay or its tributaries or on
the lands and marshes adjacent thereto in the county of Princess
Anne, from sunset to sunrise of the succeeding day, or to leave any
landing or mooring for the purpose of shooting or hunting until
sunrise; and all parties using batteries, sink-boxes and decoys, mat
blinds or other devices, floating or stationary, shall begin to take
up same at sunset each day, and as soon thereafter as possible carry
same ashore; and for the purpose of this section the landing or
mooring shall be construed to mean the regular mooring or landing
generally in use, and not any mooring or landing at which the boat
or equipment may have been temporarily left the day before.

3. That it shall be unlawful for any person to shoot at or kill
wild water fowl from any motor, sail or row boat, while stationary
or in motion; but nothing in this clause shall be construed to pre-
vent the shooting at or killing of wild water fowl from permanent
blinds on the land, or from batteries and sink boxes when floating
on said waters; provided, however, that any wild water fowl which
may have been shot at and crippled by any person over his own de-
coys, may be immediately re-shot and killed by that person or his
guides from any boat in regular attendance on said blind, battery or
sink box, from which said person is shooting; provided, nothing in
this section shall prohibit the shooting from what is commonly
known as mat blinds.

4. That it shall be unlawful for any person to shoot at or kill
wild water fowl on Wednesdays, Saturdays and Sundays of each
and every week, in any manner, either on or from the said waters
of Back bay or its tributaries and the lands and marshes adjacent
thereto.

5. That it shall be unlawful for any person to use deck or cabin
boats, float houses, rafts, or platforms built over the water for
the purpose of gunning and shooting or hunting on the waters of
Back bay or its tributaries.

6. That it shall be unlawful for any person at any time to cap-
ture wild water fowl in traps. nets or other contrivances or to use
reflectors or other lights at night for the purpose of shooting at,
killing or in any manner taking or scaring wild water fowl. The
possession of any of the above appliances shall be prima facie evi-
dence of the guilt of the person in whose possession they are found.

7. That it shall be unlawful for any person in any boat from
which a battery or sink box or other device has been set out, or any
other boat, to do what is commonly known as rounding up wild
water fowl, or to run around the waters of Back bay or its tribu-
taries to disturb wild water fowl, for the purpose of driving such
game over said batteries, sink boxes or other devices; provided that
nothing in this clause shall be construed to prevent the person in
the boat on attendance on the batteries, sink boxes or other de-
vices from running down to said batteries, sink boxes or other de-
vices for the purpose of picking up the wild water fowl killed from
said batteries, sink boxes or other devices.

8. That it shall be unlawful for any person to shoot wild water
fowl with any shotgun of larger bore than number ten, or with any
rifle or any gun which cannot be shot from the shoulder.

9. That it shall be unlawful for any non-resident of this State
to shoot at or kill wild water fowl within the State until he shall
first have secured a hunting license upon personal application from
the clerk of the circuit court of Princess Anne county or any duly
authorized official. who, upon the payment of ten dollars ($10.00)
shall issue to said non-resident a hunting license, using a form to
be prescribed by the auditor of public accounts. or the game com-
missioner. who mav hereafter be appointed, for that purpose, which
license shall entitle such non-resident to shoot at and kill wild
water fowl! as herein provided or may be hereafter provided, during
the open season in the six months next following; the clerk shall
retain fifty cents as his fee for issuing such license and the residue
he shall account for to the auditor of public accounts, unless other-
wise provided by law; such license shall not be transferable, and
shall be automatically revoked upon the conviction of the holder of
the violation of any of the provisions of this act; provided, that
nothing in this act shall be construed to prohibit non-residents of
this State from shooting for sport from any battery, sink box or
mat blind, unless the State of which said non-resident is a resident
prohibits the like shooting on the part of a resident of this State.

10. That it shall be unlawful for any non-resident to sell wild
water fowl killed by him or to ship out of this State for the pur-
pose of sale any wild water fowl killed by him; but nothing herein
contained shall be construed to prevent a non-resident from taking
out of this State in his immediate possession, as his personal bag-
gage, twenty-five (25) wild water fowl lawfully killed by such non-
resident, for his own personal use or to be distributed by him as
gifts to his friends, and not for sale.

11. That it shall be unlawful for any resident or non-resident
of this State to kill more than thirty-five (35) wild water fowl in
any one day. and in this number it is intended to include those wild
water fowl killed by the guide or guides in attendance upon said
resident or non-resident: provided that no rig shall contain more
than two persons in addition to the guide or guides.

12. That no person charged with an offense under this law
shall within the meaning thereof be deemed a resident of this
State who shall not have resided within the limits of the State
twelve months next preceding the time when the alleged ,offense
was committed, unless he shall have bona fide taken up his residence
in this Commonwealth, and had his bona fide domicil herein, and in
any prosecution for such offense the burden of proof as to residence
shall be unon the defendant.

13. That every resident of the State of Virginia other than
of the countv of Princess Anne, before he shall be entitled to shoot
or hunt on the waters of Back bay or its tributaries, or the lands
and marshes adjacent thereto, shall obtain a license from the clerk
of the circuit court of Princess Anne county and pay for such li-
cense the sum of three dollars ($3.00): the said license to be in the
ferm approved bv the auditor of public accounts, and said fund.
after deducting the fee allowed said clerk, to be accounted for by
him as provided by law.

14. Nothing in this bill shall be so construed as to permit the
shooting of swan before Januarv first. nineteen hundred and eigh-
teen, or to permit the shooting of a bird known as a peeler, blue
peter or coot, after December first of each and every year hereafter;
provided, that should the United States regulations concerning the
shooting of the above named species of wild water fowl be changed,
the provisions of this section shall be automatically changed to con-
form with the United States regulations duly promulgated.
15. Mufflers shall be used on motor boats during the open
hunting season permitted by this act, and such mufflers shall be
made effective by discharging the water through the mufflers, or
some other method.

16. That it shall be unlawful for any person to shoot at or kill
in any manner wild water fowl on the waters of Back bay or its
tributaries, or on the lands and marshes adjacent thereto, whenever
the waters of Back bay or its tributaries or the ponds on the lands
and marshes are substantially frozen over, leaving only air holes
for the wild water fowl to feed in.

17. It shall be the duty of the game wardens of Princess Anne
county to enforce all statutes of this State and of the United States,
and the regulations promulgated thereunder which are now in force
or which may be hereafter enacted or promulgated for the protec-
tion of wild water fowl, and it shall be their duty to visit each and
every battery or sink-box rig and every club owning marsh, once
at least during the season, and as often thereafter as it may be
necessary to see that the laws are being strictly enforced, and it
shall be his duty to be in the vicinity of each landing from which
two or more batteries or sink-box boats leave for the purpose of
hunting once at least during the season, and as often thereafter as
may be necessary for the purpose of seeing that the law forbidding
leaving landings and moorings before sunrise is being strictly en-
forced. It shall be unlawful for the game wardens of Princess
Anne county or their deputies to buy or sell or traffic in any manner
whatsoever in wild water fowl] killed in the waters of Back bay or
its tributaries or on the land or marshes adjacent thereto. The
game wardens of Princess Anne county not to exceed three in num-
ber shall be appointed by the judge of the circuit court for said
county and said game wardens shall receive an annual salary of four
hundred dollars to be paid out of the licenses collected in said
county.

18. All persons offending against any of the provisions of this
act shall. upon conviction thereof, lose their licenses for that season,
and it shall be unlawful for other licenses to be issued to such
offenders for that season, and such persons shall be deemed guilty
of a misdemeanor, and fined not less than twenty-five dollars
($25.00), nor more than one hundred and fifty dollars ($150.00),
or shall be imprisoned in the county jail of Princess Anne county
for a period not less than thirty days, and not exceeding ninety
days, or be subject to both fine and imprisonment, as herein pro-
vided. One-half of the fine so. imposed shall go to the informer,
and moreover, all guns, skiffs, floats, batteries, sink-boxes, blinds
or other devices used in the commission of the offense shall be sold
by order of the circuit court of Princess Anne county, and the
proceeds thereof forfeited to the Commonwealth.

19. That all acts and parts of acts inconsistent or in conflict
with this act are hereby repealed.