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2024 SESSION

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24106866D
HOUSE BILL NO. 288 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Agriculture, Chesapeake and Natural Resources on January 31, 2024) (Patron Prior to Substitute--Delegate Wiley) A BILL to amend and reenact §§ 29.1-344 and 29.1-345 of the Code of Virginia, relating to stationary blinds for waterfowl; providing location of blinds to Department of Wildlife Resources.

Be it enacted by the General Assembly of Virginia:

1. That §§ 29.1-344 and 29.1-345 of the Code of Virginia are amended and reenacted as follows:

§ 29.1-344. Stationary blinds on shore and in the public waters for owners of riparian rights.

A. 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.

B. At the time of the license transaction pursuant to subsection A, the licensee shall provide the unique location of each stationary waterfowl blind to the Department, identified as standardized latitude and longitude coordinates, using the decimal degrees format with a minimum of five digit precision. The Department shall publish such coordinates by November 1 of each year, excluding any customer personal information, on its website in a searchable, publicly accessible, and conspicuous manner.

§ 29.1-345. Stationary blinds in the public waters for nonriparian owners.

A. 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.

B. At the time of the license transaction pursuant to subsection A, the licensee shall provide the unique location of each stationary waterfowl blind to the Department, identified as standardized latitude and longitude coordinates, using the decimal degrees format with a minimum of five digit precision. The Department shall publish such coordinates by November 1 of each year, excluding any customer personal information, on its website in a searchable, publicly accessible, and conspicuous manner.

2. That the provisions of this act shall become effective on January 1, 2025.