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2005 SESSION

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051619508
HOUSE BILL NO. 2505 Offered January 12, 2005 Prefiled January 12, 2005 A BILL to amend and reenact Chapter 334 of the Acts of Assembly of 1928, as amended by Chapter 377 of the Acts of Assembly of 1977, and to repeal Chapter 39 of the Acts of Assembly of 1942, as amended by Chapter 29 of the Acts of Assembly of 1959, Extra Session, and Chapter 305 of the Acts of Assembly of 1964, relating to duck blinds in certain localities; penalties. ---------- Patron-- Shuler ---------- Referred to Committee on Agriculture, Chesapeake and Natural Resources ----------

Be it enacted by the General Assembly of Virginia:

1.  That Chapter 334 of the Acts of Assembly of 1928, as amended by Chapter 377 of the Acts of Assembly of 1977, is amended and reenacted as follows:

§ 1.  That the The owners of land west of Interstate 95 adjoining the public waters of the countiesCounties of King George, Stafford, Prince William and Fairfax, their lessees, licensees or permittees shall have the exclusive privilege of erecting stationary blinds, as defined in § 29.1-341 of the Code of Virginia, on their shoreline and the prior right to erect stob or brush  stationary blinds in the public waters in front of their property for the purpose of hunting waterfowl, except that it shall be unlawful to place stob or brush stationary blinds in such waters at a greater distance than three hundred 300 yards from the shore or low water mark; provided, however, that such stob or brush stationary blinds may not be set or maintained at a greater distance from the shore than one-half of the width of the tributary where said tributary is less than six hundred 600 yards in width.  In any year, the owners of riparian rights, their lessees, or permittees shall forfeit the privilege of erecting stationary blinds on their shoreline and the prior right to erect stationary blinds in the public waters in front of their property if they have not erected the blind by November 1.

§ 2.  It shall be unlawful to shoot waterfowl from floating blinds, as defined in § 29.1-342, unless the same are anchored.  No floating blind shall be set or shot from within four hundred 400 yards of any other person's blind or shore without the written consent of such other person.

§ 3.  All floating blinds shall be taken in, one-half hour after sunset; and for the purposes of this act a blind shall be construed to be taken in when it is in tow leaving the hunting grounds.

§ 4.  Any person violating the provisions of this act shall be deemed guilty of a Class 2 misdemeanor and upon conviction shall be fined not less than ten nor more than one hundred dollars or confined in jail not exceeding one month, or both, in the discretion of the court or jury trying the case.

2.  That Chapter 39 of the Acts of Assembly of 1942, as amended by Chapter 29 of the Acts of Assembly of 1959, Extra Session, and Chapter 305 of the Acts of Assembly of 1964, is repealed.