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2011 SESSION
11104127DBe 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 fruit
trees, crops, livestock or personal property utilized for commercial
agricultural production in the Commonwealth agriculture operations, as
defined in § 3.2-300, 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, or his representative, shall request authorization
from the Director or his designee prior to killing such deer, elk,
or bear when they are found upon the land upon which the damages occurred.
However The Director or his designee shall, without undue delay and
subject to subsection F, authorize the owner or his representative to kill such
deer, elk, or bear for a term of 12 months from the date of registration,
except during the open season for each species. The owner or his representative
authorized to kill such deer, elk, or bear pursuant to this subsection shall
(i) report animals killed to the Director or his designee without undue delay
and (ii) be subject to local ordinances regulating the discharge of firearms.
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 shall have the option of
authorizing may (i) issue a written authorization to kill the deer, elk,
or bear or (ii) authorize non-lethal control measures rather than
authorizing the killing of the 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 any authorization to kill the
deer, elk, or bear 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 The owner
or his representative authorized to kill deer, elk, or bear pursuant to this
subsection shall not be issued receive 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 representative has hunted bear or
deer, elk, or bear on the land for which he received a previous
authorization.
B. Subject to the provisions of subsection A, the Director
or his designee may issue a written authorization to kill deer causing damage
to residential plants, whether ornamental, noncommercial agricultural, or other
types of residential plants. The Director may charge a fee not to exceed
actual costs. The holder of this written authorization owner or his
representative authorized to kill deer, elk, or bear pursuant to this
subsection shall be subject to 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, 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 or lessee of the
lands on which such damage is being done, or his representative, 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 his
representative, 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 B, that an owner or lessee of land
demonstrate that during the period following the prior authorization deer,
elk, 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 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 a bear or deer pursuant
to written authorization issued under wildlife pursuant to this
section. Any person convicted of a violation of this subsection is guilty of a
Class 3 misdemeanor.