Virginia HB 725: Hunting with steel-jawed traps; prohibition, penalty.

Bill Text

2022SESSION
INTRODUCED
22101686D
1 HOUSEBILLNO.725
2 OfferedJanuary12,2022
3 PrefiledJanuary11,2022
4 A BILL to amend and reenact §§ 29.1-521 and 29.1-553 of the Code of Virginia, relating to hunting
5 with steel-jawed traps; prohibition; penalty.
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Patrons––Gooditis,Bulova,Hope,Keam,PlumandSimonds
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8 ReferredtoCommitteeonAgriculture,ChesapeakeandNaturalResources
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10 Be it enacted by the General Assembly of Virginia:
11 1. That §§29.1-521 and 29.1-553 of the Code of Virginia are amended and reenacted as follows:
12 § 29.1-521. Unlawful to hunt, trap, possess, sell, or transport wild birds and wild animals except
13 as permitted; exception; penalty.
14 A. The following is unlawful:
15 1. To hunt or kill any wild bird or wild animal, including any nuisance species, with a gun, firearm,
16 or other weapon, or to hunt or kill any deer or bear with a gun, firearm, or other weapon with the aid
17 or assistance of dogs, on Sunday. The provision of this subdivision that prohibits the hunting or killing
18 of any wild bird or wild animal, including nuisance species, on Sunday shall not apply to (i) any person
19 who hunts or kills raccoons; (ii) any person who hunts or kills birds in the family Rallidae or waterfowl,
20 subject to geographical limitations established by the Director and except within 200 yards of a place of
21 worship or any accessory structure thereof; or (iii) any landowner or member of his family or any
22 person with written permission from the landowner who hunts or kills any wild bird or wild animal,
23 including any nuisance species, on the landowner's property, except within 200 yards of a place of
24 worship or any accessory structure thereof. However, a person lawfully carrying a gun, firearm, or other
25 weapon on Sunday in an area that could be used for hunting shall not be presumed to be hunting on
26 Sunday, absent evidence to the contrary.
27 2. To destroy or harass the nest, eggs, dens, or young of any wild bird or wild animal, except
28 nuisance species, at any time without a permit as required by law.
29 3. To hunt or attempt to kill or trap any species of wild bird or wild animal after having obtained the
30 daily bag or season limit during such day or season. However, any properly licensed person, or a person
31 exempt from having to obtain a license, who has obtained such daily bag or season limit while hunting
32 may assist others who are hunting game by calling game, retrieving game, handling dogs, or conducting
33 drives if the weapon in his possession is an unloaded firearm, a bow without a nocked arrow, an
34 unloaded slingbow, an unloaded arrowgun, or an unloaded crossbow. Any properly licensed person, or
35 person exempt from having to obtain a license, who has obtained such season limit prior to
36 commencement of the hunt may assist others who are hunting game by calling game, retrieving game,
37 handling dogs, or conducting drives, provided he does not have a firearm, bow, slingbow, arrowgun, or
38 crossbow in his possession.
39 4. To knowingly occupy any baited blind or other baited place for the purpose of taking or
40 attempting to take any wild bird or wild animal or to put out bait or salt for any wild bird or wild
41 animal for the purpose of taking or killing it. There shall be a rebuttable presumption that a person
42 charged with violating this subdivision knows that he is occupying a baited blind or other baited place
43 for the purpose of taking or attempting to take any wild bird or wild animal. However, this shall not
44 apply to baiting nuisance species of animals and birds, or to baiting traps for the purpose of taking
45 fur-bearing animals that may be lawfully trapped.
46 5. To kill or capture any wild bird or wild animal adjacent to any area while a field or forest fire is
47 in progress.
48 6. To shoot or attempt to take any wild bird or wild animal from an automobile or other vehicle,
49 except (i) as provided in § 29.1-521.3 or (ii) for the killing of nuisance species as defined in § 29.1-100
50 on private property by the owner of such property or his designee from a stationary automobile or other
51 stationary vehicle.
52 7. To set a trap of any kind on the lands or waters of another without attaching to the trap: (i) the
53 name and address of the trapper; or (ii) an identification number issued by the Department.
54 8. To set a trap where it would be likely to injure persons, dogs, stock, or fowl.
55 9. To fail to visit all traps once each day and remove all animals caught, and immediately report to
56 the landowner as to stock, dogs, or fowl that are caught and the date. However, the Director or his
57 designee may authorize employees of federal, state, and local government agencies, and persons holding
58 a valid Commercial Nuisance Animal Permit issued by the Department, to visit body-gripping traps that
INTRODUCED
HB725
7/29/22
6:55

HB725 2of3
59 are completely submerged at least once every 72 hours, and t