CHAPTER 469

An Act to amend and reenact §§ 29-2.1, 29-14, 29-84, 29-55, 29-57, 29-77,
29-116, 29-131, 29-1382, 29-1388, 29-140, 29-140.1, 29-142, 29-143, 29-148,
29-149, 29-158, 29-161, 29-162, 29-163, 29-163.1, 29-164, 29-165, 29-
165.1, 29-166, 29-167, 29-169, 29-172, 29-175 and 29-176, as severally
amended, of the Code of Virginia, relating generally to regulation of
hunting, fishing and trapping, enforcement thereof and penalties for
violations.
[H 363]

Approved March 31, 1962

Be it enacted by the General Assembly of Virginia:

That §§ 29-2.1, 29-14, 29-34, 29-55, 29-57, 29-77, 29-116, 29-131,
32, 29-138, 29-140, 29-140.1, 29-142, 29-148, 29-148, 29-149, 29-153,
61, 29-162, 29-163, 29-163.1, 29-164, 29-165, 29-165.1, 29-166, 29-
29-169, 29-172, 29-175 and 29-176, as severally amended, of the Code
‘irginia, be amended and reenacted as follows:

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

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

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

(b) Director means the Executive Director of the Commission.
(c) Game warden means and includes supervising wardens, regular
special game wardens and conservation officers.

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

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

(g) Game means * wild animals and * wild birds that are com-
ly hunted for sport or food.

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

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

(j) Game fish means and includes brook, rainbow and brown
tL, all of the sunfish family, including largemouth bass, smallmouth
and spotted bass, rock bass, bream, bluegill, crappie, walleyed pike
ike perch, white bass, wherever such fish are found in the waters
lis State and rock fish or striped bass where found above tidewaters
2 streams which are blocked from access from tidewaters by dams.
(k) Game animals include deer, elk, bear, rabbit, fox, and squirrel.*
(1) Furbearing animals includes beaver, mink, muskrat, opossum,
, and raccoon. *

(m) Predatory birds and animals includes blackbird, buzzard, crow,
glish sparrow, hawk, jaybird, owl] and starling, weasel, wildcat and all
r wild animals not otherwise classed as game or furbearing animals.
(n) Hunting and trapping includes taking, hunting, trapping, shoot-
snaring and/or netting such birds or animals, and includes attempt-
0 take, hunt, trap, shoot, snare and/or net wild birds or wild animals,
assisting any person who is hunting or trapping or attempting to
o whether the same results in taking or not; provided that when-
hunting or trapping is permitted reference is made to so doing by
ul means and in a lawful manner.
(0) Fishing means taking, capturing, killing, * or attempting to take,
capture or kill any fish in and upon the inland waters of this State.

_ (p) Closed season means that period of time fixed by the Com-
mission 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
constructive, of any * wild animal, * wild 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.

§ 29-14. The Commission shall prosecute all persons who violate
such laws and shall seize and confiscate any and all * wild birds, * wild
animals and fish that have been illegally killed, caught, transported or
shipped.

§ 29-34. In order to see that bag and/or creel limits are being ob-
served, game wardens shall also have the power to inspect game, fur-
bearing animals and fish taken by any person found hunting, trapping
and/or fishing without arresting such person.

§ 29-55. (a) The license fees to fish only, which licenses shall not
permit fishing for trout in waters stocked by the Commission or other
public body, shall be as follows:

(1) State resident season license to fish only, within the regulations
and restrictions provided by law, in any and all counties of the State, three
dollars and fifty cents; provided that no such license shall be required of
resident persons seventy years of age or older.

(2) State nonresident season license to fish only, by any method,
within the regulations and restrictions provided by law, in all inland
waters of the State, ten dollars.

(b) The license fees to fish * in designated waters stocked with
trout by the Commission, or other public body, by any method, within the
regulations and restrictions provided by law, in addition to the regular
fishing license, shall be as follows:

(1) State resident season license to fish * in * designated waters
stocked with trout shall be one dollar; provided that no such license shall
be required of resident persons seventy years or older.

(2) State nonresident season license to fish * in * designated waters
stocked with trout shall be five dollars.

§ 29-57. The following persons shall be entitled to a county license
to hunt, trap or fish in the county * in which they * have physically re-
sided six consecutive months before making application for license, or of
which they are legal voters, or in which they are stationed or located, or
to a State resident license:

(a) Any person born in the United States or who has been naturalized
and who has been a bona fide resident of the county for six months next
preceding the date of application for license in such county;

f b) Any legal voter of the country wherein the license is applied
or;

(c) Any unnaturalized person who owns real estate in the county
and who has actually resided therein not less than five years next preceding
the date of the application for the license in such county;
(d) Any member of the armed forces of the United States, on active
duty, while stationed or located in the county wherein the license is
applied for;

(d-1) Any member of the armed forces of the United States, on
active duty, when authorized by the commanding officer of a military
reservation, the privileges of which license shall be limited to hunting,
trapping or fishing only within the boundaries of that military reservation ;

(e) Any student regularly enrolled in any bona fide preparatory
school, college or university in this State who presents a certificate of
enrollment for the current year to the clerk of the county wherein such
school, college or university is located;

(f) Residents of cities the limits of which are wholly within the
county wherein the license is applied for.

§ 29-77. If any person be found guilty of violating any of the pro-
visions of the hunting, trapping * and/or inland fish laws, and/or § 33-287
of the Code of Virginia and/or regulations adopted by the Commission
pursuant thereto, a second time within two years of a previous conviction
of violating any such law or regulation, the license issued to such person
shall be 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 such prohibited period, such person
shall pay a fine of not less than fifty dollars nor more than one hundred
dollars. Licenses revoked shall be sent to the Commission.

§ 29-116. Any person or firm convicted of violating this article shall
pay a fine of not less than ten nor more than one hundred dollars and
the permit shall be revoked.

§ 29-131. Hunting and trapping wild birds and wild animals includes
taking, hunting, trapping, * pursuing, chasing, shooting, snaring and/or
netting such birds or animals, and lesser acts, such as attempting to take,
hunt, trap, * pursue, chase, shoot, snare and/or net wild birds or wild
animals, and any act of assistance to 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. For the purpose of the
license required by Article 1 of Chapter 5 of this Title, the hunting or
pursuit of foxes shall mean the actual following of the dogs while in
pursuit of a fox or foxes, or managing the dog or dogs while the fox or
foxes are being hunted, pursued or chased. | |

§ 29-132. For the purpose of the hunting and trapping laws of this
State, big game shall include bear, deer and elk and small game shall include
all other game birds and game animals.

Wild birds and wild animals shall be classed as follows:

(a) Nonmigratory game birds.—Birds introduced by the Commission,
grouse, ringnecked pheasant, bobwhite, quail and turkey.

(b) Migratory game birds.—Doves, ducks, brant, geese, swan, coot,
gallinules, sora, other rails, including Virginia, King and Clapper rails,
plovers, snipe, woodcock and yellowlegs.

(c) Game animals.—Bear, deer, elk, fox, rabbit, and squirrel.

(d) Furbearing animals.—Beaver, mink, muskrat, opossum, otter
and raccoon.

(e) Predatory or undesirable species of birds and animals.—Black-
bird, buzzard, crow, English sparrow, hawk, jaybird, owl and starling,
weasel, wildcat, skunk and all other wild animals not otherwise classed
as game or furbearing animals, provided, however, that hawks and owls
shall be so classed only when a landowner or his agent considers it neces-
sary to kill these species to protect from destruction his poultry or the
game birds on his property, or when the board of supervisors of a county
considers it necessary to permit the killing of these species to protect
poultry or game birds in such county.

§ 29-138. Black Bear.—Black bear may be killed by any person when
it is inflicting or attempting to inflict injury to the person or property of
anyone, or in a pursuit commenced within twenty-four hours after the
commission of such offense. Any person killing a bear under this provision
shall forthwith report the same to the game warden of the county.

Deer.—I¢ shall be unlawful for a person to * kill or attempt to kill a
deer in the water of any stream, lake or pond. *J¢ shall be unlawful to hunt
deer with dogs in the counties west of the Blue Ridge Mountains.

Elk.— Unlawful to hunt with dogs.

Fox.—Continuous open season for hunting with dogs only. Foxes
may be killed at any time by the owner or tenant of any land when such
animals are doing damage to domestic stock or fowl.

Rabbits and squirrels.—It shall be unlawful to kill rabbits and squirrels
during the closed season thereon, except that a landowner * and members
of his immediate family, resident members of hunt clubs who own the land
in fee, either jointly or through a holding corporation, and tenants residing
upon the premises, with the written permission of the landowner, may kill
rabbits or squirrels for their own use during the closed season. Further,
when such animals are committing substantial damage to fruit trees,
gardens, crops, or other property, the owner of the premises may kill or
have the same killed under permit obtained from the game warden of the
county authorizing same; provided that nothing in this section shall affect
the operation of any local acts heretofore or hereafter enacted.

§ 29-140. *All wild birds and * wild animals may be hunted with shot-
gun * not larger than ten gauge, and with an automatic-loading or hand-
operated repeating shotgun capable of holding not more than three shells *,
the magazine of which has been cut off or plugged with a one-piece metal
or wooden filler incapable of removal through the loading end thereof, so
as to reduce the capacity of the gun to not more than three shells at one
time in the magazine and chamber combined, or rifle or bow and arrow,
unless shooting is expressly prohibited.

§ 29-140.1. It shall be unlawful for any person to hunt with firearms
in the State of Virginia while under the influence of alcohol, brandy, rum,
whiskey, gin, wine, beer, lager beer, ale, porter, stout or other liquid
beverage or article containing alcohol or while under the influence of any
narcotic drug or any other self-administered intoxicant or drug of what-
soever nature. Any person violating the provisions of this section shall
be guilty of a misdemeanor and upon conviction punished by a fine of not
less than twenty-five nor more than two hundred fifty dollars. Game
wardens and sheriffs shall enforce the provisions of this section.

§ 29-142. Foxes and furbearing animals and predatory and undesir-
able species of birds and animals may be hunted by day or by night, except
that muskrats may be hunted by day only.

§ 29-143. Unless and until otherwise provided by a regulation of the
Commission, in accordance with the provisions of law, the following shall
be unlawful:

(a) To hunt or kill any wild bird or wild animal, including any
predatory or undesirable species, with a gun, firearm and/or other weapon
on Sunday, which is hereby declared a rest day for all species of wild bird
and wild animal life.

(b) To destroy or molest the nest, eggs, dens or young of any wild
bird or wild animal, except predatory or undesirable species, at any time
without a permit as required by law, provided that wild animals may be
dug out of dens in accordance with regulations of the Commission.
(c) To hunt or attempt to kill or trap any species of * wild bird
and/or wild animal after having obtained the daily bag or season limit
during such day or season.

(d) To occupy any baited blind or other baited place for the purpose
of taking or attempting to take any wild bird or wild animal or to put out
bait or salt for any wild bird or wild animal for the purpose of taking
or killing the same unless permitted by a regulation of the Commission,
except that this shall not apply to baiting predatory or undesirable species
of animals and birds, or to baiting traps for the purpose of taking fur-
bearing animals that may be lawfully trapped.

(e) To kill or capture any wild bird or wild animal adjacent to any
area while a field or forest fire is in progress.

(f) To shoot and/or attempt to take any * wild bird or * wild animal
from an automobile or other vehicle.

(¢g) To hunt or track woodcock or nonmigratory game birds or game
animals in the snow, either on or off one’s own lands, except as permitted
by regulations of the Commission; provided that landowners may kill
rabbits in the snow on their lands for their own personal use.

(h) To set a trap of any kind on the lands or waters of another
without attaching the name and address of the trapper thereto.

(i) To set a trap where it would be likely to injure persons, dogs,
stock or fowl.

(j) To fail to visit all traps once each day and remove all animals
caught therein, and forthwith report to the landowner as to stock, dogs or
fowl caught therein and the date.

(k) To hunt, trap, take, capture, kill, attempt to take, capture or kill,
possess, offer for sale, sell, offer to purchase, purchase, deliver for shipment,
ship, cause to be shipped, deliver for transportation, transport, cause to be
transported, carry or cause to be carried, by any means whatever, receive
for shipment, transportation or carriage, or export, or import, at any time
or in any manner, any wild bird or wild animal or the carcass or any part
thereof, except as specifically permitted by law and only by the manner or
means and within the numbers stated.

§ 29-148. Unless and until otherwise provided by a regulation of the
Commission, after a public hearing, in accordance with the provisions of
this title, it shall be unlawful for any person to take or attempt to take
any fish in inland waters other than shad, herring or mullet, except by
fishing with a hook and line or rod and reel, held in the hand, or to catch,
trap, take, capture, kill, or attempt to take, capture or kill, possess, offer
for sale, sell, offer to purchase, purchase, deliver for shipment, ship, cause
to be shipped, deliver for transportation, transport, cause to be transported,
carry or cause to be carried, by any means whatever, receive for shipment,
transport or carriage, or export, or import at any time or in any manner
any species of bass or trout, or the carcass or any part thereof, except as
specifically permitted by this article and only by the manner or means and
within the numbers stated; except that in the counties of Mecklenburg,
Pittsylvania, city of Danville, Charlotte, Campbell, Halifax, Amelia (except
between Vaughn’s pond and Meadsville dam), Caroline and King George
and in the Meherrin River in Lunenburg County it shall be lawful to fish
with “fish traps” or “fish pots” and haul seines in any and all streams and
waters*, provided that no person shall catch fish with “fish traps” or
“fish pots” and haul seines to be sold; and provided further that it shall
be unlawful in any and all of such counties to remove from the waters
thereof any bass, perch and trout caught with fish pots or fish traps or haul
seines, and any person so catching bass, perch and trout shall immediately
return the same to the waters. The Commission shall have the authority
to close any streams or rivers or parts of streams or rivers in such counties
when same shall be stocked with fish by the Commission. Any provisions
of this title to the contrary notwithstanding, it shall be lawful to sell or offer
to sell for human consumption trout which have been lawfully acquired
provided such trout have been propagated and raised in a hatchery or by
other artificial means.

The Commission of Game and Inland Fisheries shall by appropriate
regulation establish a practical system of identification of trout so offered
for sale for table use.

A violation of the provisions of this section or regulations based there-
under shall be declared a misdemeanor punishable by a penalty as provided

y law.

§ 29-149. Any person violating the provisions of the preceding section
by not returning bass, perch and trout to the waters from which caught,
shall be fined not less than ten nor more than * one hundred dollars for each
offense.

§ 29-153. It shall be unlawful to use fish berries, lime, giant powder,
dynamite, or any other substance for the destruction of fish, or knowingly
cast any noxious substance or matter into any watercourse of this State
by which fish therein or fish spawn may be destroyed, or to place or to
allow to pass into the watercourses of the State any sawdust, ashes, lime,
gas, tar, or refuse of gas works, injurious to fish; provided, however, that
Giles, Bland and Franklin counties are exempt from the prohibition of
permitting sawdust to be put in their watercourses when a saw mill is run
in connection with a grain mill, and permanently located in a stream of
water used as power toward the operation of the mill, and provided, further,
that the sawdust pollution from such operation is not sufficient to destroy
fish or fish spawn, and provided, however, in the waters of Piney River
and its tributaries in the counties of Amherst and Nelson, it shall not be
unlawful to run sawdust in those portions of the stream not inhabited by
trout. Any person violating any of the provisions of this section shall, on
conviction thereof, be fined for each offense not less than twenty-five nor
more than two hundred and fifty dollars, and be imprisoned in jail until the
fine is paid, but not exceeding thirty days, except that any person convicted
of destroying fish by means of dynamite or other explosives shall be
punished by a fine of not less than *fwo hundred dollars nor more than five
hundred dollars, or, in the discretion of the court or jury, by confinement
in jail not to exceed ninety days, or by both such fine and imprisonment.

The owner or lessee of any property on which fish are destroyed by
means of dynamite or other explosives shall be entitled to recover liquidated
damages in the amount of one hundred dollars from any person convicted
of destroying fish by such means.

§ 29-161. Any person convicted of violating any of the provisions of
the hunting, trapping or inland fish laws shall, unless otherwise specified,
be deemed guilty of a misdemeanor and upon conviction, shall, unless
specific penalty is otherwise provided, pay a fine of not less than ten nor
more than two hundred fifty dollars and may be imprisoned in jail not
exceeding thirty days, either or both. The attorney for the Commonwealth
of each county and city shall prosecute all violations of any provisions of
Chapters 1 through 8 of this Title.

§ 29-162. Any person killing an elk which does not have antlers
visible above the hair, or who exceeds the bag limit for elk, or who kills an
elk during the closed season, and any person killing a deer *in violation of
the Commission’s regulations, or who exceeds the bag limit for deer, or who
kills a deer during the closed season shall upon conviction be fined not less
than twenty-five dollars nor more than two hundred and fifty dollars.
Provided, that the fine for killing an elk which does not have antlers
visible above the hair, or an illegal deer during the open season shall be
*one hundred dollars for such elk and *twenty-five dollars for such deer
if such person immediately delivers the complete carcass in good condition
to the game warden of the county in which killed, whereupon it shall be
confiscated and disposed of by the game warden as otherwise provided,
and that such person so delivering such carcass to the game warden shall
be exempt from the replacement cost as provided in § 29-163.1.

§ 29-163. (a) It shall be unlawful for any person * to take, or attempt
to take, any *wild bird, wild animal and/or fish during the closed season.

*(b) It shall be unlawful for any person to exceed the bag and/or
creel limit for *any wild bird, wild animal and/or fish.

(c) It shall be unlawful for any person to possess over the daily bag
and/or creel limit for any wild bird, wild animals and/or fish, while in the
forests, fields and/or waters of this State.

(d) Any person convicted of violating any provisions of this section
a be fined not less than twenty-five nor more than two hundred fifty

ollars.

§ 29-163.1. The *judge, or court, upon convicting any person of a
violation of § 29-162 or § 29-163 involving the unlawful killing of any
animal, or bird, or the exceeding of a bag limit as to animals, or birds or
fish, or the taking of the same during the closed season, shall, in addition
to the imposition of the punishment hereinbefore prescribed, ascertain the
approximate replacement value of such animals, birds or fish and shall
assess such value against the person so convicted, which assessment shall
be paid by the person so convicted within the time prescribed in the judg-
ment of the *judge or court, not exceeding sixty days, and the collecting
officer shall pay such moneys representing the approximate replacement
values aforesaid into the State treasury whereupon the same shall be
placed to the credit of the game protection fund.

§ 29-164. Any person who shall offer for sale, sell, offer to purchase,
or purchase any wild bird or wild animal, or any part thereof, or any fish,
except as provided by law, shall pay a fine of not less than twenty-five
dollars nor more than *two hundred fifty dollars, and may be imprisoned
in jail thirty days, either, or both; provided, that for the second con-
viction of unlawfully buying or selling game or fish the jail sentence shall
be mandatory. This section shall not affect prosecutions under § 29-161.1.

§ 29-165. Any person who goes on the lands, waters, ponds, boats or
blinds of another to hunt, fish or trap without the consent of the landowner
or his agent shall be deemed guilty of a misdemeanor, and shall be
punished by a fine of not less than five nor more than two hundred fifty
dollars or by confinement in jail for not more than thirty days, or by both,
in the discretion of the court or jury trying the case.

§ 29-165.1. Any person who goes on the lands, waters, ponds, boats
or blinds of another to hunt, fish, or trap and willfully refuses to identify
himself when requested by the landowner or his agent so to do shall be
deemed guilty of a misdemeanor, and shall be punished by a fine of not
less than ten nor more than one hundred dollars or by confinement in jail
for not more than thirty days, or both, in the discretion of the court or
jury trying the case.

§ 29-166. Any person who goes on the lands, waters, ponds, boats or
blinds of another upon which signs or posters prohibiting hunting, fishing
or trapping, have been placed to hunt, fish or trap *except with the written
consent of or in the presence of the owner or his agent shall be guilty of a
misdemeanor and punished by a fine of not less than five nor more than two
hundred fifty dollars or by confinement in jail for not more than thirty days
or by both such fine and imprisonment in the discretion of the court or
jury trying the case.

§ 29-167. Any person who shall mutilate, destroy or take down any
“‘posted’’, “no hunting” or similar sign or poster on the lands or waters of
another, or who shall post such sign or poster on the lands or waters of
another, without the consent of the landowner or his agent, shall be deemed
guilty of a misdemeanor and shall be punished by the revocation of his
hunting license for a period not exceeding the expiration date of such license
and by a fine of not less than ten nor more than * two hundred fifty dollars.

§ 29-169. No person shall be deemed guilty of trespass hereunder
upon uninclosed mountain lands not used for cultivation, except in the
counties of Craig, Bath, Alleghany, Botetourt, Rappahannock, Russell,
Tazewell and Highland and in the mountains in the western part of Rock-
ingham County, and in Back Creek and Gainesboro Magisterial Districts
of Frederick County, and in any county having a population of more than
fourteen thousand and less than twenty thousand inhabitants, which
adjoins a county within the geographical bounds of which is located a city
having a population of not less than sixty thousand nor more than one
hundred thousand inhabitants, all according to the last United States
census; provided that §§ 29-165 to 29-167 shall apply to any person who
goes upon uninclosed mountain land of another, in that part of the county
of Giles which lies on the western side of New River, to trap, or to hunt
for any game other than elk. For the purposes of this section, when any
such land has been posted as provided in § 29-166, it shall be deemed to
be enclosed.

§ 29-172. Any gun, trap, net, or other device of any kind or nature
for taking wild birds, wild animals, or fish, except as specifically permitted
in this title, or by a regulation of the Commission, shall be considered
unlawful and, upon satisfactory evidence of the guilt of the owner or
user and of the unlawful nature of the article seized, the trial court shall
fine the owner or user not less than twenty-five nor more than * two
hundred fifty dollars and forfeit such device to the Commonwealth, where-
upon it shall be destroyed by the game warden. If the owner or user of
such article cannot be located within thirty days, the game warden shall
destroy the same. The possession of any gun, trap, net, or other device
not permitted by law to be used, under circumstances which may be
deemed suspicious, shall be prima facie evidence of the guilt of the person
in whose possession the same is found. Unlawful fixed devices may be
destroyed by the game warden at the place where the same are found.

The owner or user of any automatic-loading or hand-operated re-
peating shotgun possessed or used in violation of the provisions of this
Code or regulations of the Commission shall be subject to * a fine *
of not less than ten nor more than one hundred dollars, but such gun shall
not be destroyed; before any such gun shall be returned to the owner or
user the game warden shall make such gun conform to this Code and
regulations of the Commission applicable thereto, at the expense of the
owner.

§ 29-175. *County and municipal courts and circuit courts shall have
concurrent jurisdiction for the trial of offenses against the game, inland
fish and dog laws of the State.

§ 29-176. An appeal for the accused from the judgment of a * county
or municipal court shall lie * as in other criminal cases; and if the case
relates to State revenue * and the accused is acquitted, an appeal shall
lie for the Commonwealth.