CHAPTER 608

An Act to amend the Code of Virginia by adding in Title 29 new sections
numbered 29-2.1, 29-84.1, 29-84.2, 29-114.1 and 29-189.1, relating to
the Game, Inland Fish and Dog Laws of Virginia, and to amend and
reenact §§ 29-8, 29-5, 29-27, 29-28, 29-56, 29-125, 29-126, 29-128 and
29-144 of the Code of Virginia, relating to the same subject. rH 739)

Approved April 3, 1952

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding new sections num-
bered 29-2.1, 29-34.1, 29.34.2, 29-114.1 and 29-139.1, and that sections
numbered 29-3, 29-5, 29-27, 29-28, 29-56, 29-125, 29-126, 29-128 and 29-144
of the Code of Virginia be amended and reenacted as follows:

§ 29-2.1. Whenever and wherever the following words and phrases
are used in the Game, Inland Fish and Dog Laws of Virginia, or in any
of the regulations of the Commission, the same shall be, unless the context
clearly indicates otherwise, construed to mean as follows:

The phrase “by law” or the word “lawful” means the statutes of this
State which the Commission is empowered to enforce or a regulation which
the Commission is empowered to adopt and enforce.

(a) The Commission means the Commission of Game and Inland
Fisheries.

(b) Director means the Executive Director of the Commission.

(c) Game Warden means and includes supervising wardens, regular
and special game wardens and conservation officers.

(d) Regulation means a regulation of the Commisston duly adopted.

(e) A properly licensed person means a person who, while engaged
in hunting, fishing or trapping, or in any other activity permitted under
this title, in and upon the lands and inland waters of this State, has upon
his person all the licenses, permits and stamps required by law.

(f) Wildlife means all species of wild animals, wild birds and fresh
water fish in the public waters of this State.

(g) Game means game animals and game birds that are commonly
hunted for sport or food.

(h) Nonmigratory game means all resident species of game animals
and game birds.

(i) Migratory game means all species named in the regulation pub-
lished by the U.S. Fish and Wildlife Service.

(j) Game fish means and includes brook, rainbow and brown trout,
all of the sunfish family, including largemouth bass, smallmouth bass and
spotted bass, rock bass, bream, bluegill, crappie, walleyed pike or pike
perch, white bass, wherever such fish are found in the waters of this State.
(k) Game animals include deer, elk, bear, rabbit, fox and squirrel,
opossum, raccoon.

(\) Furbearing animals includes beaver, mink, muskrat, opossum,
otter, raccoon and skunk.

(m) Predatory birds and animals includes blackbird, buzzard, crow,
eagle, English sparrow, hawk, jaybird, owl and starling, weasel, wildcat
and i other wild animals not otherwise classed as game or furbearing
anima

(n) Hunting and trapping includes hunting, trapping, shooting, snar-
ing or netting such birds or animals, and includes attempting to hunt,
trap, shoot, snare or net wild birds or wild animals, and assisting any
person who is hunting or trapping or attempting to do so whether the same
results in taking or not; provided that whenever hunting or trapping is
permitted reference is made to so doing by lawful means and in a lawful
manner.

(o) Fishing means taking, capturing, killing, by means of hook and
line or rod and reel held in hand, of any fish in and upon the inland waters
of this State.

(p) Closed season means that period of time fixed by the Commission
during which wild animals, birds or fish may not be taken, captured,
killed, pursued, hunted, trapped or possessed.

( q) Open season means that period of time fixed by the Commission
during which wild animals, wild birds and fish may be taken, captured,
killed, pursued, trapped or possessed.

(r) Bag or creel limit means the quantity of game or fish or fur-
bearing animals that may be taken, caught, or possessed during a period
fixed by the Commission.

(s) Possession means the exercise of control, either physical or con-
structive, of any game animal, game bird, fish or furbearing animal, or
any part of the carcass thereof.

(t) Transportation means the transportation, either upon the person
or by any other means, of any wild animal or wild bird or fish

§ 29-38. Appointment, terms and vacancies.—The Commission shall
consist of not more than one member from each Congressional District.
Each member of the Commission shall be appointed by the Governor, for
a term of one to six years, the term of not more than two members to
expire during the same year, subject to confirmation by the General
Assembly, if in session when such appointments are made, and if not in
session, then at its next succeeding session. An appointment to fill a
vacancy shall be made in like manner, but only for the unexpired term.

§ 29-5. The chairman and other members of the Commission shall
receive no salaries but shall be reimbursed for the actual and necessary
traveling expenses incurred by them in attendance upon meetings of the
Commission and while otherwise engaged in the performance of their
duties, and in addition thereto each member shall be paid the sum of ten
dollars a day for each day spent in attendance upon the meetings of the
Commission and while otherwise engaged in the performance of their
duties, but the aggregate of such per diem compensation to any one
member shall not * exceed, however, two hundred and forty dollars in any
one fiscal year.

§ 29-27. Before entering upon the discharge of his official duties,
each game warden shall qualify, * giving * bond * with some guaranty
company, authorized to do business within this State, as surety, in the
penalty of one thousand dollars payable to the Commonwealth of Virginia,
* with the condition that he will well and truly account for and legally
apply all money which may come into his hands in his official capacity, and
to pay all judgments rendered against him for malicious prosecution or
for unlawful search, arrest or imprisonment, and that he will faithfully
perform all of the duties enjoined upon him by law. Such bonds shall be
filed in the office of the Commission and shall be subject to the approval
of the Commission or its designated officer. The premium on such bonds
shall be paid out of the game protection fund.

§ 29-28. * The Executive Director shall issue a certificate of *
appointment, over his signature, to each game warden.

§ 29-84.1. Any person arrested for a violation of the Game, Inland
Fish and Dog Laws may be committed to jail pending trial or admitted to
bail or released on recognizance as provided by general law; or the arrest-
ing officer may issue a summons requiring such person to appear for trial
at a time and place specified therein before a court having jurisdiction to
try such offenses; such time shall not, however, be less than five days from
the date of arrest unless such person shall request an earlier hearing.

§ 29-34.2. When any property is taken possession of by a game
warden, for the purpose of being used as evidence, or for confiscation, the
game warden making such seizure shall immediately report such seizure
to the court having jurisdiction of the case, and the court shall thereupon
direct the game warden what disposition shall be made of the property,
pending the trial of the case.

§ 29-56. Fees to trap only.—The license fees to trap only shall be
as follows:

(1) County resident season license, three dollars.

(2) State resident season license, seven dollars and fifty cents.

(3) State nonresident season license, fifty dollars.

§ 29-114.1. The Commission is authorized to issue permits to private
fish pond owners to sell game fish therefrom for propagation purposes only.

§ 29-125. Having a due regard for the distribution, abundance,
economic value and breeding habits of wild birds, wild animals, and fish
in inland waters, the Commission is hereby vested with the necessary
power to determine when, to what extent, if at all, and by what means it
is desirable to restrict, extend or prohibit in any degree the provisions of
law obtaining in * this State or any part thereof for the hunting, taking,
capture, killing, possession, sale, purchase, shipment, transportation, car-
riage or export of any wild bird, wild animal, or fish from inland waters
and may upon its own motion or upon written petition of one hundred
licensed resident land owners of any county propose regulations for such
purpose.

§ 29-128. A copy of any regulation adopted by the Commission shall
be mailed to the game warden of each county or city wherein such regula-
tion will be effective, who shall deliver one copy to the clerk of the circuit
or corporation court, * and shall * post a copy of such regulation on the
bulletin board at the courthouse * thereof.

§ 29-189.1. All laws relating to hunting, fishing and trapping, to-
gether with the regulations of the Commission, and all exceptions thereto,
of both general and local application, shall be published once each year by
the Commission in a handbook or pamphlet. The courts of the Common-
wealth shall take judicial notice of all laws and regulations contained in
such publication.

§ 29-144. * It shall be unlawful to kill * male deer in * any county
of this State unless such deer shall have antlers visible above the hair.