29.1-529 - Killing of deer or bear damaging fruit trees, crops, livestock, or personal property; wildlife creating a hazard to aircraft or motor vehicles.
§ 29.1-529. Killing of deer or bear damaging fruit trees, crops, livestock,or personal property; wildlife creating a hazard to aircraft or motorvehicles.
A. Whenever deer or bear are damaging fruit trees, crops, livestock orpersonal property utilized for commercial agricultural production in theCommonwealth, the owner or lessee of the lands on which such damage is doneshall immediately report the damage to the Director or his designee forinvestigation. If after investigation the Director or his designee finds thatdeer or bear are responsible for the damage, he shall authorize in writingthe owner, lessee or any other person designated by the Director or hisdesignee to kill such deer or bear when they are found upon the land uponwhich the damages occurred. However, the Director or his designee shall havethe option of authorizing non-lethal control measures rather than authorizingthe killing of the bear, provided that such measures occur within areasonable period of time; and whenever deer cause damage on parcels of landof five acres or less, except when such acreage is used for commercialagricultural production, the Director or his designee shall have discretionas to whether to issue a written authorization to kill the deer. The Directoror his designee may limit such authorization by specifying in writing thenumber of animals to be killed and duration for which the authorization iseffective and may in proximity to residential areas and under otherappropriate circumstances limit or prohibit the authorization between 11:00p.m. and one-half hour before sunrise of the following day. The Director orhis designees issuing these authorizations shall specify in writing that onlyantlerless deer shall be killed, unless the Director or his designeedetermines that there is clear and convincing evidence that the damage wasdone by deer with antlers. Any owner or lessee of land who has been issued awritten authorization shall not be issued an authorization in subsequentyears unless he can demonstrate to the satisfaction of the Director or hisdesignee that during the period following the prior authorization, the owneror his designee has hunted bear or deer on the land for which he received aprevious authorization.
B. Subject to the provisions of subsection A, the Director or his designeemay issue a written authorization to kill deer causing damage to residentialplants, whether ornamental, noncommercial agricultural, or other types ofresidential plants. The Director may charge a fee not to exceed actual costs.The holder of this written authorization shall be subject to localordinances, including those regulating the discharge of firearms.
C. Whenever wildlife is creating a hazard to the operation of any aircraft orto the facilities connected with the operation of aircraft, the person orpersons responsible for the safe operation of the aircraft or facilitiesshall report such fact to the Director or his designee for investigation. Ifafter investigation the Director or his designee finds that wildlife iscreating a hazard, he shall authorize such person or persons or theirrepresentatives to kill wildlife when the wildlife is found to be creatingsuch a hazard. As used in this subsection, the term "wildlife" shall notinclude any federally protected species.
D. Whenever deer are creating a hazard to the operation of motor vehicletraffic within the corporate limits of any city, the operator of a motorvehicle may report such fact to the Director or his designee forinvestigation. If after investigation the Director or his designee finds thatdeer are creating a hazard within such city, he may authorize responsiblepersons, or their representatives, to kill the deer when they are found to becreating such a hazard.
E. Whenever deer are damaging property in a locality in which deer herdpopulation reduction has been recommended in the current Deer Management Planadopted by the Board, the owner or lessee of the lands on which such damageis being done may report such damage to the Director or his designee forinvestigation. If after investigation the Director or his designee finds thatdeer are responsible for the damage, he may authorize in writing the owner,lessee or any other person designated by the Director or his designee to killsuch deer when they are found upon the land upon which the damages occurred.The Director or his designee also may limit such authorization by specifyingin writing the number of animals to be killed and the period of time forwhich the authorization is effective. The requirement in subsection A of thissection, that an owner or lessee of land demonstrate that during the periodfollowing the prior authorization deer or bear have been hunted on his land,shall not apply to any locality that conducts a deer population controlprogram authorized by the Department.
F. The Director or his designee may revoke or refuse to reissue anyauthorization granted under this section when it has been shown by apreponderance of the evidence that an abuse of the authorization hasoccurred. Such evidence may include a complaint filed by any person with theDepartment alleging that an abuse of the written authorization has occurred.Any person aggrieved by the issuance, denial or revocation of a writtenauthorization can appeal the decision to the Department of Game and InlandFisheries. Any person convicted of violating any provision of the hunting andtrapping laws and regulations shall be entitled to receive writtenauthorization to kill deer or bear. However, such person shall not (i) bedesignated as a shooter nor (ii) carry out the authorized activity for aperson who has received such written authorization for a period of at leasttwo years and up to five years following his most recent conviction forviolating any provision of the hunting and trapping laws and regulations. Indetermining the appropriate length of this restriction, the Director shalltake into account the nature and severity of the most recent violation and ofany past violations of the hunting and trapping laws and regulations by theapplicant. No person shall be designated as a shooter under this sectionduring a period when such person's hunting license or privileges to hunt havebeen suspended or revoked.
G. The Director or his designee may authorize, subject to the provisions ofthis section, the killing of deer over bait within the political boundariesof any city or town, or any county with a special late antlerless season, inthe Commonwealth when requested by a certified letter from the governing bodyof such locality.
H. The parts of any deer or bear killed pursuant to this section or wildlifekilled pursuant to subsection C shall not be used for the purposes oftaxidermy, mounts, or any public display unless authorized by the Director orhis designee. However, the meat of any such animal may be used for humanconsumption. The carcass and any unused meat of any such animal shall bedisposed of within 24 hours of being killed. Any person who violates anyprovision of this subsection is guilty of a Class 3 misdemeanor.
I. It is unlawful to willfully and intentionally impede any person who isengaged in the lawful killing of a bear or deer pursuant to writtenauthorization issued under this section. Any person convicted of a violationof this subsection is guilty of a Class 3 misdemeanor.
(Code 1950, § 29-145.1; 1954, c. 686; 1956, c. 684; 1958, cc. 315, 609; 1960,c. 129; 1962, c. 229; 1970, c. 79; 1980, c. 271; 1987, cc. 48, 488; 1991, c.99; 1993, cc. 204, 273; 1994, c. 571; 1996, c. 314; 1998, c. 179; 1999, c.563; 2000, c. 6; 2002, c. 174; 2003, cc. 123, 135; 2004, c. 447; 2008, cc.17, 260; 2009, cc. 8, 305; 2010, c. 5.)