Chap. 59.—An ACT to amend and re-enact Section 19-e of the Game, Inland Fish
and Dog Code of Virginia, relating to the licensing of blinds for hunting
migratory waterfowl and prescribing conditions for the use to be made thereof.

[fH B 136]
Approved February 24, 1942

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

Section 19-e. Unlawful to hunt waterfowl from unlicensed blinds.
—It shall be unlawful to hunt migratory waterfowl 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
license 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 year.

(b) Floating blinds—Floating blinds shall include mat blinds, or
other floating blinds permitted by law in the public waters and may be
used in any position therein at different locations from day to day so long
as such blind is anchored the required distance from any other occupied
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. For a 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 pub-
lic 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 supplied with the
license for that season affixed thereto, no other stationary or floating blind
cH. 59] ACTS OF ASSEMBLY 55

shall locate in the public waters within less than five hundred yards there-
of without the consent of such riparian owner, lessee or permittee. Ripar-
ian 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 stationary
blinds in the public waters adjoining such shores. Any locations remain-
ing 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 side 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 permit-
ted 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 license
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 af-
fixed 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 permittees in
subsection (d) of this section shall be recurrent each year notwithstanding
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 licensing 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 ob-
served. The commission shall furnish the licenses and license plates pro-
vided 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 station-
ary 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
licensee 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 im-
mediately 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, Northamp-
ton and Princess Anne Counties.

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