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2004 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 29.1-341, 29.1-344 and 29.1-349 of the Code of Virginia are amended and reenacted, and that the Code of Virginia is amended by adding a section numbered 29.1-341.1 as follows:
§ 29.1-341. Stationary blinds defined.
Stationary blinds shall mean For the purposes of this article, a stationary
blinds blind means a structure erected at a fixed location either on
the shores of the public waters or in the public waters at a fixed location the
required distance from other blinds and shall include brush or stake blinds, or any
other stationary blinds permitted by law. Clubs or 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 for the purpose of hunting and
shooting waterfowl.
A stationary blind shall be (i) of such size and strength that it can be occupied by and conceal one or more hunters, or (ii) large enough to accommodate and conceal a boat or skiff from which one or more hunters intend to hunt or shoot waterfowl.
§ 29.1-341.1. Number of stationary blinds permitted; when erected.
Clubs or 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 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 further than
halfway across the body of water from the riparian owner's shoreline. 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. Riparian owners, their lessees or permittees may obtain licenses on
and after July 1 and on or before August 31 of each year. A stake or a
stationary blind shall be erected on the site, and a license plate
supplied with the license for that season shall be affixed thereto by August
31. If a stake has been erected on the site of a stationary blind, such stake
must be replaced by a blind by November 1 pursuant to the provisions of §
29.1-341. Such stationary blinds shall conform to the standards prescribed in
subsection C of § 29.1-349 § 29.1-341.
§ 29.1-349. Hunting, erecting blind within 500 yards of licensed blind.
A. No person shall hunt or shoot migratory waterfowl or shoot 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, except when in active pursuit of a
visible crippled waterfowl which 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 or by the game warden.
C. An erected stationary blind within the meaning of this section shall be a
blind of such size and strength that it can be occupied by one or more hunters, or
large enough to accommodate a boat or a skiff, and intended for use therefor.