Bill Text: VA SB987 | 2020 | Regular Session | Chaptered
Bill Title: Hunting waterfowl; duck blinds.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2020-03-23 - Governor: Acts of Assembly Chapter text (CHAP0415) [SB987 Detail]
Download: Virginia-2020-SB987-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §§29.1-340, 29.1-341.1, 29.1-344, and 29.1-349 of the Code of Virginia are amended and reenacted as follows:
§29.1-340. Hunting waterfowl from unlicensed blinds and without season license.
It shall be unlawful to hunt migratory waterfowl on the public
waters and shores east of Interstate Route 95 in the Commonwealth from
unlicensed stationary or floating blinds. For the purposes of this article,
the term "public waters" means public waters which that
are navigable in fact. Any person hunting waterfowl or applying to license a
stationary blind in public waters shall also have a season license to hunt
and a state and federal duck stamp.
§29.1-341.1. Number of stationary blinds permitted; when erected.
Clubs or individuals Notwithstanding the provisions
of §29.1-340, clubs holding stationary waterfowl blind licenses in Virginia
Beach may continue to renew stationary blinds in the public waters. In areas
other than Virginia Beach, individuals who do not own riparian rights shall
be permitted to license no more than two stationary blinds in the public waters
in any one season. Stationary blinds shall be erected not later than November 1
of each year.
§29.1-344. Stationary blinds on shore and in the public waters for owners of riparian rights.
Each Notwithstanding the provisions of §29.1-340,
each year, the owners of riparian rights, their lessees or permittees shall
have the exclusive privilege of licensing and erecting stationary blinds on
their shoreline, and the prior right of licensing and erecting stationary
blinds in the public waters in front of their shoreline, to shoot waterfowl
over the public waters. Such blinds shall not be located in water having a
depth greater than eight feet at mean high tide, nor shall they be located
farther than halfway across the body of water from the riparian owner's
shoreline, except on the shores and waters of Back Bay in the City of Virginia
Beach where such blinds are limited to (i) the riparian owner's shoreline at
the mean low water mark or (ii) blinds erected and licensed by the riparian
owner in 2011. When licensing a stationary blind, the location of each blind
licensed shall be provided as latitude and longitude coordinates. When such a
license has been obtained and a stake or a stationary blind has been erected on
the site with the license for that season properly affixed, no other stationary
or floating blind shall be located in the public waters within 500 yards of the
licensed site without the consent of the riparian owner, lessee or permittee.
§29.1-349. Hunting, erecting blind within 500 yards of licensed blind.
A. No person shall hunt or shoot migratory waterfowl in the
public waters of this Commonwealth from a boat, float, raft or other buoyant
craft or device within 500 yards of any legally licensed erected stationary
blind of another without the consent of the licensee, or within 150 yards of
a residence without the consent of the landowner, except when in active
pursuit of a visible visibly crippled waterfowl which
that was legally shot by the person.
B. No person shall erect a stationary blind in the public waters within 500 yards of any other licensed blind without the consent of the licensee. Any person who violates this subsection shall be guilty of a trespass, and the affected blind licensee may maintain an action for damages. Furthermore, the trial court shall immediately revoke the blind owner's license for the stationary blind where the offense was committed. The blind owner may be eligible for a license in the following open season upon the same conditions that would apply to a new applicant. When a license for a stationary blind has been revoked, the blind shall be destroyed by the former licensee.
