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An Act to amend and reenact §
29.1-529
of the Code of Virginia, relating to killing of deer damaging residential plants and certain property.
Be it enacted by the General Assembly of Virginia:
1. That §
29.1-529
of the Code of Virginia is amended and reenacted as follows:
§
29.1-529
. Killing of elk, bear, or deer damaging certain property; wildlife creating a hazard to aircraft or motor vehicles.
A. Whenever
deer,
elk or bear are damaging fruit trees, crops, livestock
,
or personal property utilized for commercial agricultural production in the Commonwealth, the owner or lessee of the lands on which such damage is done shall immediately report the damage to the Director or his designee for investigation. If after investigation the Director or his designee finds that
deer or
bear are responsible for the damage, he shall authorize in writing the owner, lessee
,
or any other person designated by the Director or his designee to kill such
deer or
bear when they are found upon the land upon which the damages occurred. However, the Director or his designee shall have the option of authorizing nonlethal control measures rather than authorizing the killing of elk or bear, provided that such measures occur within a reasonable period of time
; and whenever deer cause damage on parcels of land of five acres or less, except when such acreage is used for commercial agricultural production, the Director or his designee shall have discretion as to whether to issue a written authorization to kill the deer
. The Director or his designee may limit such authorization by specifying in writing the number of animals to be killed and duration for which the authorization is effective and may in proximity to residential areas and under other appropriate circumstances limit or prohibit the authorization between 11:00 p.m. and one-half hour before sunrise of the following day.
The Director or his designees issuing these authorizations shall specify in writing that only antlerless deer shall be killed, unless the Director or his designee determines that there is clear and convincing evidence that the damage was done by deer with antlers.
Any owner or lessee of land who has been issued a written authorization shall not be issued an authorization in subsequent years unless he can demonstrate to the satisfaction of the Director or his designee that during the period following the prior authorization, the owner or his designee has hunted bear
or deer
on the land for which he received a previous authorization.
B.
Subject to the provisions of subsection A, the
1. The
Director or his designee may issue a written authorization to kill
antlerless
deer causing damage to residential plants, whether ornamental, noncommercial agricultural, or other types of residential plants.
When damage is caused by antlered deer, a permit may be issued to kill a limited number of antlered deer as determined by the Department, upon inspection and confirmation by the Director or his designee that there is clear and convincing evidence that the damage was done by antlered deer.
The Director may charge a fee not to exceed actual costs. The holder of this written authorization shall be subject to local ordinances, including those regulating the discharge of firearms.
2. Whenever deer are damaging fruit trees, Christmas trees, crops, horticultural plants, or personal property utilized for commercial agricultural production within the Commonwealth, the owner or lessee shall be issued, upon request to the Department, a permit to kill antlerless deer without limits on production lands where damage is occurring. Such permit shall expire on December 31 and shall be reissued to the owner or lessee in subsequent years upon the landowner or lessee reporting the previous year's deer kill and affirmation of permit information assuming ongoing agricultural practices. The reissuance process shall not equal the initial application process and shall be as minimal as practical. When damage is caused by antlered deer, a permit shall be issued to kill a limited number of antlered deer as determined by the Department, upon inspection and confirmation by the Director or his designee that there is clear and convincing evidence that the damage was done by antlered deer. Reissuance of such permit shall require the same inspection as the initial permit. Any owner or lessee who has been issued any permit pursuant to this subdivision shall comply with all local ordinances, including those regulating the discharge of firearms.
C. Whenever wildlife is creating a hazard to the operation of any aircraft or to the facilities connected with the operation of aircraft, the person or persons responsible for the safe operation of the aircraft or facilities shall report such fact to the Director or his designee for investigation. If after investigation the Director or his designee finds that wildlife is creating a hazard, he shall authorize such person or persons or their representatives to kill wildlife when the wildlife is found to be creating such a hazard. As used in this subsection, the term "wildlife" shall not include any federally protected species.
D. Whenever deer are creating a hazard to the operation of motor vehicle traffic within the corporate limits of any city or town, the operator of a motor vehicle or chief law-enforcement officer of the city or town may report such fact to the Director or his designee for investigation. If after investigation the Director or his designee finds that deer are creating a hazard within such city or town, he may authorize responsible persons, or their representatives, to kill the deer when they are found to be creating such a hazard.
E. Whenever deer are damaging property in a locality in which deer herd population reduction has been recommended in the current Deer Management Plan adopted by the Board, the owner or lessee of the lands on which such damage is being done may report such damage to the Director or his designee for investigation. If after investigation the Director or his designee finds that deer are responsible for the damage, he may authorize in writing the owner, lessee or any other person designated by the Director or his designee to kill such deer when they are found upon the land upon which the damages occurred. The Director or his designee also may limit such authorization by specifying in writing the number of animals to be killed and the period of time for which the authorization is effective. The requirement in subsection A of this section, that an owner or lessee of land demonstrate that during the period following the prior authorization deer or bear have been hunted on his land, shall not apply to any locality that conducts a deer population control program authorized by the Department.
F. The Director or his designee may revoke or refuse to reissue any authorization granted under this section when it has been shown by a preponderance of the evidence that an abuse of the authorization has occurred. Such evidence may include a complaint filed by any person with the Department alleging that an abuse of the written authorization has occurred. Any person aggrieved by the issuance, denial or revocation of a written authorization can appeal the decision to the Department. Any person convicted of violating any provision of the hunting and trapping laws and regulations shall be entitled to receive written authorization to kill deer or bear.
However, such person shall not (i) be designated as a shooter nor (ii) carry out the authorized activity for a person who has received such written authorization for a period of at least two years and up to five years following his most recent conviction for violating any provision of the hunting and trapping laws and regulations. In determining the appropriate length of this restriction, the Director shall take into account the nature and severity of the most recent violation and of any past violations of the hunting and trapping laws and regulations by the applicant. No person shall be designated as a shooter under this section during a period when such person's hunting license or privileges to hunt have been suspended or revoked
Any person who is otherwise restricted from hunting in the Commonwealth due to hunting license revocation or suspension within the Commonwealth shall not assist in carrying out the activities of a kill permit authorization until such revocation or suspension is lifted
.
G. The Director or his designee may authorize, subject to the provisions of this section, the killing of deer over bait within the political boundaries of any city or town, or any county with a special late antlerless season, in the Commonwealth when requested by a certified letter from the governing body of such locality.
H. The parts of any deer or bear killed pursuant to this section or wildlife killed pursuant to subsection C shall not be used for the purposes of taxidermy, mounts, or any public display unless authorized by the Director or his designee. However, the meat of any such animal may be used for human consumption. The carcass and any unused meat of any such animal shall be disposed of within 24 hours of being killed. Any person who violates any provision of this subsection is guilty of a Class 3 misdemeanor.
I. It is unlawful to willfully and intentionally impede any person who is engaged in the lawful killing of a bear or deer pursuant to written authorization issued under this section. Any person convicted of a violation of this subsection is guilty of a Class 3 misdemeanor.