Chap. 266.—An ACT to license persons to breed game, game fish and fur
bearing animals for sale, prescribing regulations for such business and
providing penalties for the violation thereof. [H B 106]

Approved March 16, 1918.

1. Be it enacted by the general assembly of Virginia, That sub-
ject to the conditions herein contained, the department of game
and inland fisheries shall issue to any resident of the State of
Virginia, or any firm composed of residents of this State or to
any domestic corporation, all of whose officers are citizens of this
State, a license authorizing such person, firm or corporation to en-
gige in the business of rearing game, animals, birds or game fish,
or market and sale.

2. ‘The application for such license shall be in writing signed
by the applicant, and accompanied by a fee of twenty-five dollars,
which fee shall, if the license is granted, be deposited with the
treasurer of the State to the credit of the game fund, the appli-
cation shall set out the species of game or game fish which the
applicant proposes to rear, the facilities which he possesses for
so doing, whether the applicant, or if the applicant be a firm,
whether any member thereof, or if it be a corporation, whether
any officer thereof has ever been convicted of a violation of the
game or fish protection laws of this State, and any other informa-
tion regarding the proposed enterprise, or the persons to engage
therein which the department may require.

3. If the department is convinced that such person, member
of a firm or officer of a corporation has not been so convicted within
twelve months prior to such application, that the enterprise is to
be conducted by persons who will strictly abide by the laws for
the protection of game and fish; that the applicant has facilities
amply sufficient for the rearing of game or game fish, the boun-
daries of which plant shall be defined by the department and known
as a game farm, and particularly that such applicant will not kill,
capture or purchase wild game and sell the same, the applicant
shall be granted such license for a period of one year, the same to
be renewed each year upon the payment of the same fee, except as
herein provided. .

4. Such license, when granted, shall entitle the holder thereof
to capture or have captured alive, under a permit issued by the
department and subject to such reasonable regulations as the de-
partment may impose, sufficient numbers of wild game, birds, or
animals or fur bearing animals to reasonably enable the licensee
to start raising same in the manner contemplated in his plans for
a game farm filed with the department, which plans must have
been carried out before such permit shall issue; such game shall
be removed from the place of capture to the place where it is to
be used for breeding, under the supervision of an agent of the
department who may be any warden, whose expenses shall be paid
by such licensee and none of such game so caught shall be sold, or
otherwise disposed of than as set forth in such permit; each permit
shall set forth the number of specimens of each species which the
department has authorized such licensee to capture or have cap-
tured, and the time within which same must be done; a copy
thereof shall be preserved by the department, which copies shall tbe
at all times open to the inspection of the public; the holder thereof
shall not, nor shall any other person connected with or capturing
game for such enterprise be given a subsequent permit to capture
any of the same species of game, except upon the clearest proof
that the species mentioned in the previous permit could not be
captured, or if captured were used for breeding purposes and by
reason of circumstances over which the applicant had no control
were lost or destroyed. |

5. No permit for the taking of game fish or eggs shall be is-
sued, unless it appear that the stock cannot be gotten from a
hatchery, and then only under the regulations above prescribed
for capturing stock game. Such licensee shall, within thirty days
after taking any birds or animals mentioned in his permit make
a full report thereof to the department. Such license shall also
permit the person holding same to raise fur bearing animals and
any and all birds, fish or animals raised by him, upon the premises
defined by the department as his game farm, may be captured or
taken by him or his agents in any manner or at any time he may
desire and may be sold by him in the manner herein prescribed
at any time.

6. All wardens, officials of the department of game and inland
fisheries and other oflicials shall use the utmost caution to see that
this act is not made or used as a pretext for violating the game
and fish laws. Such licensee shall, before selling any game pur-
chase from the department of game and inland fisheries, tags to
be made of tin or other suitable material and stamped with a serial
number or number and letter, one of which tags shall be affixed
to each bird, fish or animal sold or given away; provided, that
where game, birds or animals or fish are sold or given away by
such licensee for breeding purposes, such tags need not be affixed,
but the container in which they are handled shall bear a label in
letters at least one-half inch high setting forth the name of the
raiser, the number of each species contained, the person to whom
they are sold or given, and that they are sold or given to him for
propagating purposes and do not require tags, such label to remain
thereon, until such birds, animals or fish have reached the grounds
where they are to be liberated or used for such purposes. All game
or fish shipped by the licensee for sale shall have affixed to the
container a label giving in letters at least one-half inch high the
name and address of the shipper and consignee and the contents
of the package. ,

7. The department shall keep an accurate account of all tags
sold to any licensee, which shall be open to inspection by the public
at any time.

8. The licensee shall keep a book known as his “record” wherein
shall be set forth the date of the removal from his premises of
every shipment of game or fish, the number of each species, with
the serial numbers of the tags placed thereon and the person to
whom the same were sold or in the event that they were sold or
given away for propagation the same information, except that in
the space where the serial tag numbers would appear a notation
shall be made that such species were disposed of for propagating
purposes.

9. He shall, once each month, or oftener, if required by the
department, make a report to the department, giving the informa-
tion required by the foregoing paragraph to be kept in his record.
and any other information concerning the conduct of such business
which the department may require.

10. Such tags shall be sold by the department as follows: tags
for use on smaller birds or animals, two cents each; for use on wild
turkeys, ten cents each; for use on deer, bear or elk, fifty cents
each. Such tags shall remain on the animal, bird or fish shipped
until the same is prepared for food; it shall be unlawful for any
person other than the person breeding same to have in possession
any wild game or game fish raised on any such farm without the
tag thereon. It shall be unlawful for any person to use any tag
which has been previously used.
11. Dealers, hotels and restaurants——Any proprietor of any
restaurant or hotel desiring to serve to his guests, game fish, birds
or animals or parts thereof, purchased as herein provided, or any
person desiring to deal in game fish, birds or animals, the sale of
which is prohibited by law, shall first apply to the department of
game and inland fisheries for a license permitting him so to do;
in his application he shall set forth such information as the de-
partment may require, concerning his business or the business which
he proposes to enter; if the department shall be convinced that such
person has not nor any other person connected with said business
been convicted within twelve months preceding such application
of any violation of the game or fish laws of this State; that the
applicant, if a natural person or the person in charge of the busi-
ness if the applicant be a corporation, is a person who will not
violate the laws of this State in regard to buying game or game
fish, then upon the payment of a fee of five dollars such license
shall be granted to the applicant.

12. if same be a restaurant or hotel license, it shall permit the
licensee to serve at his place of business such game or game fish
as he may have purchased from any person duly licensed to sell
game or game fish.

13. If such license be to a dealer it shall entitle him to buy
game fish or game from a person duly licensed to raise game fish
or game or from another licensed dealer, in such game or fish, and
to sell same; provided that no person shall be required to have any
license to buy, sell, propagate or serve to guests wild water fowl,
rabbits or any article of game or fish which is not prohibited by
an from being sold during the time when same may be lawfully

led. .
14. It shall be unlawful for any dealer, merchant, hotel or res-
taurant keeper to have in his possession or the possession of his
servant or agent or in any place over which he has control, any
game or game fish which he is prohibited by law from purchasing
except as herein provided and only then when the same shall have
tags attached thereto as herein provided, and the possession by
such dealer, merchant, hotel or restaurant keeper of game or fish
which he is prohibited by law from buying or selling shall be prima
facie evidence that he has bought, sold or offered for sale such
game or fish, unless same is tagged as herein provided.

15. Any person of whom a license is required by this act. who
shall violate any of the provisions of this act shall immediately
forfeit his license and same shall not be renewed within one year
from the date of such forfeiture. If any person violates the terms
of this act he shall be guilty of a misdemeanor and upon convic-
tion thereof for the first offense punished by a fine of not less than
twenty-five nor more than two Pundred dollars, and for a subse-
quent offense he shall be punished bv a fine of not less than fifty
nor more than five hundred dollars, or be confined in jail not ex-
ceeding thirty days, either or both.

16. All laws or parts of laws in conflict with this act are hereby
repealed. Nothing herein contained shall be construed to repeal
or alter in any manner the existing laws with.reference to the shoot-
ing or selling of wild water fowl.