Bill Text: VA SB868 | 2011 | Regular Session | Comm Sub
Bill Title: Damage of crops and livestock; lawful killing of deer, elk, and bear.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2011-02-16 - House: Tabled in Agriculture, Chesapeake and Natural Resources (17-Y 3-N) [SB868 Detail]
Download: Virginia-2011-SB868-Comm_Sub.html
11104127D
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 deer, elk, or bear damaging agricultural operations and residential property; wildlife creating a hazard to aircraft or motor vehicles. A. Whenever deer, elk, or bear are damaging B. Whenever deer, elk, or bear cause damage to residential
property used for purposes other than agricultural operations, as defined in §
3.2-300, the Director or his designee
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, the operator of a motor vehicle 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, 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 used for purposes
other than agricultural operations, as defined in § 3.2-300, in a locality
in which deer herd population reduction has been recommended in the current
Deer Management Plan adopted by the Board, the owner 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 founded 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 of Game and Inland Fisheries. 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, elk, 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. 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, elk, 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. Any person receiving authorization to kill deer, elk, or bear under this section shall not charge a fee to transfer such privilege. J. It is unlawful to willfully and intentionally impede
any person who is engaged in the lawful killing of |