29.1-525.1 - Deer enclosures prohibited; exceptions; penalty.
§ 29.1-525.1. Deer enclosures prohibited; exceptions; penalty.
A. It is unlawful to erect a fence that prevents or impedes the free egressof deer from the enclosed area with the intent to confine deer.
B. It is unlawful to hunt deer inside a fenced area that prevents or impedesthe free egress of deer.
C. The provisions of subsection A shall not apply to:
1. Local, state or federal public lands on which fences are erected toprotect public health or safety;
2. Enclosures permitted by the Department as fallow deer farms or permittedexhibitors holding native deer for educational purposes;
3. Enclosures permitted by the U.S. Department of Agriculture as exhibitors,breeders, or dealers; or
4. Zoos accredited by the American Zoological Association.
D. The provisions of subsection B shall not apply to (i) local, state orfederal public lands on which fences are erected to protect public health orsafety, or (ii) any person hunting in an enclosure or facility that (a) wasconstructed prior to July 1, 2001, (b) has been registered with theDepartment not later than August 1, 2001, and annually thereafter, and (c)has been modified not later than 90 days following registration in a mannerapproved by the Director or his designee to allow the free egress of deer.Such registration shall not be transferable. The Department shall placeinformation of the initial registration requirement in newspapers of generalcirculation throughout the Commonwealth. Such enclosures or facilities shalloperate using acceptable hunting and wildlife management practices determinedby the Director or his designee, including, but not limited to, methods oftake, use of dogs, and supplemental feeding. The Director or his designeeshall provide the owner of the enclosure or facility with information on whatconstitutes acceptable hunting and wildlife management practices.
E. Any registered enclosure or facility within which the owners or personshunting have not followed acceptable hunting wildlife management practicesshall have its registration revoked by the Department. Upon revocation of theregistration, any person hunting within the enclosure or facility shall besubject to the provisions of subsection B and the penalties imposed undersubsection F.
F. Any person who violates this section is guilty of a Class 1 misdemeanor.Any person who is convicted of violating this section shall have his huntinglicense and privileges suspended by the court for a period of one to fiveyears. In addition, the court may order compensation for replacement for anydeer killed be paid to the Department as provided for in § 29.1-551, and mayorder the owner of the fence to modify the fence to allow the free egress bydeer.
(2001, c. 856; 2010, c. 183.)