Chap. 149.—An ACT to ‘repeal an act to require non-residents hunting in this
State to pay the same fee required of citizens of this State by other States,
when in excess of the Virginia fee, approved March 14, 1924, and to repeal
sections 3209, 3328, 3329, 3330, 3331, 3332, 3333, 3334, 3335, 3337, and 3339
and to amend and re-enact section 3327 of the Code of Virginia relating to
hunting, trapping and fishing license provisions and providing penalties for
violations. [S B 8&8]

Approved March 10, 1928

1. Be it enacted by the general assembly of Virginia, That an
act to require nonresidents hunting in this State to pay the same
fee required of citizens of this State by other States, when in excess
of the Virginia fee, approved March fourteenth, nineteen hundred
and twenty-four, and sections thirty-two hundred and nine, thirty-
three hundred and twenty-eight, thirty-three hundred and twenty-
nine, thirty-three hundred and thirty, thirty-three hundred and
thirty-one, thirty-three hundred and thirty-two, thirty-three hun-
dred and thirty-three, thirty-three hundred and thirty-four, thirty-
three hundred and thirty-five, thirty-three hundred and thirty-seven
and thirty-three hundred and thirty-nine of the Code of Virginia
be repealed and section thirty-three hundred and twenty-seven of
the Code of Virginia, be amended and re-enacted so as to read as
follows:

Section 3327. Unlawful to hunt, to trap, or to fish with rod and
reel without license.—(1) It shall be unlawful to hunt, or to trap,
except with box or rabbit traps, or to fish, in the inland waters of
this State, with rod and reel, without first obtaining a license, pro-
vided that license shall not be required of resident landowners,
their husbands or wives and their children, nonresident children of
resident land owners, nonresidents who own land in this State,
their husbands or wives and their children and unnaturalized per-
sons who own land in this State and their children when hunting,
trapping and fishing within the boundaries of their own lands and
waters or when fishing in waters bounding and adjoining their said
lands; or of tenants, renters and lessees when hunting, trapping
and fishing within the boundaries of the lands and waters of their
landlord or when fishing in waters bounding and adjoining said
land, if such tenant, renter or lessee actually resides upon said land
and has the written consent of the landlord so to do upon his per-
son at the time, and further, that persons under sixteen years of
age shall not be required to obtain license to fish; provided, how-
ever, that nothing herein shall be construed as authorizing any per-
son to hunt, trap or fish upon the lands or waters of any public or
private gun club, association or preserve of any description as a
member thereof or as a landowner, tenant, renter or lessee without
having procured a license in the proper manner.

(2) Definition of hunting and trapping for license purposes.—
Includes pursuing, shooting, killing, capturing, trapping, snaring
and netting wild birds and wild animals, and lesser acts, such as
wounding, placing, setting, drawing, or using any net or other de-
vice to hunt or trap wild birds or animals, whether they result in
taking or not; includes also any attempt to hunt or trap and any
act of assistance to any other person in hunting or trapping or at-
tempting to hunt or trap wild birds or wild animals, provided that
whenever hunting or trapping is allowed by law reference is made
to so doing by lawful means and in a lawful manner.

(3) Definition of fishing for license purposes.—For license pur-
poses, fishing shall be construed to mean catching or attempting to
catch fish with rod and reel in the inland waters of this State; pro-
vided that whenever fishing is allowed by law reference is made to
so doing by lawful means and in a lawful manner.

(4) Definition of inland waters.—The term “inland waters” shall
be construed to mean and to include all waters of this State above
tidewater, when applied to fishing, it being the intention to ex-
pressly exempt from the provisions of this act the fresh water
streams and ponds within the tidewater section.

(5) Contents of licenses.—Licenses shall run from July first of
each year to June thirtieth of the following year and shall authorize
the person to whom sold to exercise the privileges therein contained
from such date of purchase as may be on or succeeding July first,
until the expiration date of such license, but only within the re-
gulations and restrictions provided by law. Said licenses shall be
numbered and printed in such form as the chairman of the com-
mission of game and inland fisheries may prescribe. With each
license to hunt, trap or fish the clerk who issues the same shall de-
liver a button and endorse the number thereof on the face of the
license.

(6) Obtaining license——Any person may obtain license by mak-
ing written application to the clerk of the circuit court of any county
or to the clerk of the corporation court of any city, accompanied
by the purchase price and the following information: whether born
in the United States or a foreign country, and, if foreign-born,
whether naturalized or unnaturalized, whether resident or non-
resident of this State, county or city of residence, and, if a resi-
dent, the period of such residence, postoffice address, occupation,
age, height, weight, color, color of hair, color of eyes, and, if for a
county license, the name of the county in which the applicant de-
sires to use the same.

(7) Persons entitled to county and State license.—Any person
who has been a bona fide resident of this State for a period of six
months next preceding date of application and who was born in
the United States or who has been naturalized, or any unnaturalized
person who owns real estate in this State and who has actually
resided in this State for a period of five years or more next preced-
ing date of application, shall be entitled to a county or State license,
upon complying with the provisions of law.

(8) County resident license.—This license shall authorize the
purchaser to hunt, trap and fish, within the regulations and restric-
tions provided by law, in the county named on the face thereof and
the price of the same shall be one dollar.

(9) State resident license.—This license shall authorize the pur-
chaser to hunt, trap and fish, within the regulations and restrictions
provided by.law, in any and all counties of this State and the price
of the same shall be three dollars.

(10) Nonresident license.—Nonresidents of this State shall pro-
cure this license, which shall authorize the purchaser to hunt, trap
and fish within the regulations and restrictions provided by law, in
any and all counties of this State and the price of the same shall be
fifteen dollars and fifty cents.

(11) Nonresident license to, fish—Nonresidents of this State
who do not hold license to hunt, trap and fish may procure this
license which shall authorize the purchaser to fish only with pole
and line or with rod and reel, within the regulations and restrictions
provided by law, in all inland waters of this State, and the price of
the same shall be two and one-half dollars, provided, however, that
nonresidents shall be required to pay the same fee that would be
required of a citizen of Virginia in their State, when in excess of
the Virginia license fee.

(12) Aliens required to obtain license——Any unnaturalized per-
son who does not own real estate in this State and who has not
actually resided in this State for a period of five years or more next
preceding date of application shall be considered a nonresident and
be required to obtain nonresident license.

(13) Carrying licenses and displaying buttons.—Every person
who obtains a license shall wear the button issued therewith in
plain view and in addition thereto shall carry said license upon his
person at all times while hunting, trapping or fishing with rod and
reel, and shall show the same immediately upon demand of any
officer whose duty it is to enforce the game and fish laws or upon
demand of any owner or lessee or of any employee or representa-
tive of such owner or lessee upon whose lands or waters such per-
son may be hunting, trapping or fishing.

(14) Unlawful acts and penalties.—It shall be unlawful for any
person to make a false statement in order to secure a license or to
change, alter, borrow or lend or use or attempt to use the license
or button of another or to violate any other provision of this sec-
tin and any person so doing shall be deemed guilty of a misde-
meanor, and, upon conviction, shall be punished by a fine of not less
than ten dollars nor more than one hundred dollars. Any person
arrested and prosecuted for hunting, trapping or fishing without
license shall be required by the court trying the case to immediately
purchase such license as may be required, but such purchase or the
purchase of a license subsequent to an arrest, notice or summons
to appear in court for hunting, trapping or fishing without license
shall not operate to relieve said person from the penalties herein
provided.

(15) Revocation of license—If any person be found guilty of
knowingly and wilfully violating any of the provisions of the hunt-
ing, trapping or fishing laws the license issued to said person shall
he revoked 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
or violating any of the other provisions of this section, such per-
son shall be deemed guilty of a misdemeanor and punished by a fine
of not less than fifty dollars nor more than one hundred dollars.
License revoked shall be sent to the commission of game and in-
land fisheries, Richmond, Virginia.

(16) Who may issue licenses.—The clerk of the circuit court of
any county or the clerk of the corporation court of any city shall
issue the licenses and buttons herein provided, under the teste of
their office to all persons complying with the provisions of law and
shall sign the same.

(17) Record of, delivery and return of licenses ——The commis-
sion of game and inland fisheries shall send to each clerk on or be-
fore June twenty-fifth of each year, as many licenses and buttons
as it may deem necessary and shall charge him with the number
sent. The clerk shall keep a correct and complete record of all
licenses and buttons issued in a book to be furnished by the com-
mission, which record shall remain in the clerk’s office and be open
to inspection by the public at all reasonable times. Clerks shall re-
turn all unsold licenses and buttons and the stubs of licenses sold
on July first of each year or within ten days thereafter, to the com-
mission of game and inland fisheries.

(18) Clerks’ fees for issuing license; monthly reports, et cetera.
—QOut of the money received for licenses issued by them and paid
into the treasury of Virginia each clerk in this State shall be en-
titled to receive ten cents for a county license, and twenty cents for
all other forms of licenses herein provided, payable by the treasurer
of Virginia on warrant issued by the comptroller after audit by
him of the amounts due. Each of said clerks shall report to the
comptroller on or before the fifth day of each month on a form
provided by the comptroller whether there have been any sales or
not for the previous month, and if any sales have been made, such
report shall show a classified list of licenses sold, the serial num-
bers of each class of license sold, the amount of gross collections
therefor, and the serial numbers of licenses of each kind on hand
and unsold at the end of the month. The original of such report
shall be sent to the comptroller, the duplicate of such report shall,
at the same time, be sent to the commission of game and inland
fisheries and the triplicate copy shall be retained by the clerk. All
revenues arising from the sales of hunting and angling licenses and
reported to the comptroller shall be by him placed to the credit of
the game protection fund. Provided, however, that nothing herein
shall be construed as requiring the clerk to report to the com-
mission or remit to the treasurer his fees collected for exchanging
licenses, issuing license certificates and attesting affidavits cover-
ing the same.

(19) Exchanging licenses and issuing certificates.—Any clerk is
authorized to redeem a county license issued by him at a value of
ninety cents and issue in lieu thereof a State resident license, charg-
ing the difference to the purchaser. If a license becomes lost or
destroyed, the person to whom issued shall immediately apply to
the clerk who issued the same for a license certificate, which may
be issued to him on form furnished by the commission, upon aff-
davit that the original license has been lost or destroyed and such
license certificate shall entitle the owner to exercise all of the privi-
leges of the original license. If a button shall become lost or de-
stroved, the person to whom issued shall immediately apply to the
clerk who issued the same for another button and upon presentation
of his license and the sum of ten cents, the clerk shall issue to him
a new button endorsing the number thereof on the back of said
license or license certificate. The clerk’s fee for exchanging a li-
cense or issuing license certificate shall be the same as prescribed
by law for original license and shall be paid by the applicant.
~potled licenses, licenses redeemed in exchange and affidavits cover-
ing certificates issued in the place of lost or destroyed licenses shall
be attached to the report of the clerk and sent to the commission
monthly.

2. All acts or parts of acts inconsistent or in conflict with the
provisions of this act are hereby repealed to the extent of such
inconsistency or conflict.