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2004 SESSION

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043874212
HOUSE BILL NO. 401 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Agriculture, Chesapeake and Natural Resources on January 21, 2004) (Patron Prior to Substitute--Delegate Amundson) A BILL to amend the Code of Virginia by adding a section numbered 29.1-527.1, relating to the feeding of migratory and nonmigratory waterfowl; penalty.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 29.1-527.1 as follows:

§ 29.1-527.1. Localities may prohibit feeding of migratory and nonmigratory waterfowl.

Upon notice to the Department, any locality may prohibit by ordinance the feeding of migratory and nonmigratory waterfowl within its political boundaries. The terms "migratory" and "nonmigratory" waterfowl shall include those waterfowl defined as such in a listing as provided by the Department. The Department shall make available to localities a model ordinance suggested for use by localities. The locality shall post the appropriate signage that designates an area where the ordinance is applicable and shall be solely responsible for enforcement of the ordinance. The penalty for violating such an ordinance is a civil fine of not more than $50.

A locality shall not enact such an ordinance on lands within a national or state park or forest, or wildlife management area.