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2020 SESSION
20104492DBe it enacted by the General Assembly of Virginia:
1. That §§ 29.1-340, 29.1-341.1, 29.1-344, 29.1-345, 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 shall also have a season license to hunt and, prior
to applying to license a stationary blind in public waters, 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 no more than two stationary blinds in the public waters in any one
season. 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.
§ 29.1-345. Stationary blinds in the public waters for nonriparian owners.
Unless Notwithstanding the provisions of §
29.1-340, unless a license has been obtained
pursuant to § 29.1-344, and a stake or a blind has been erected and marked
within the time stated as specified in § 29.1-344, in any year, the owners of
riparian rights, their lessees or permittees shall forfeit the privilege of
licensing blinds on their shores and also lose priority for licensing
stationary blinds in the public waters adjoining such shores. Any locations
remaining in the public waters shall belong to whoever first obtains a license
and erects a stake or a blind. The blind shall not be located in a marked
navigation channel on the site selected. In addition, the blind must be at
least 500 yards from any other stationary blind, and the license for that
season must be properly affixed to the structure. When licensing a stationary
blind, the location of each blind licensed shall be provided as latitude and
longitude coordinates.
§ 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.