Selected Statutes and Administrative Rules Re: Hunting, Equine, and Ox Activities...(Please consult official sources to confirm the statutes presented are current and correctly transcribed)

SECTION 1, GAME HUNTING and GENERAL

Virginia Code § 18.2-134. Trespass on posted property.

Any person who goes on the lands, waters, ponds, boats or blinds of another, which have been posted in accordance with the provisions of § 18.2-134.1, to hunt, fish or trap except with the written consent of or in the presence of the owner or his agent shall be guilty of a Class 1 misdemeanor.

(Code 1950, § 29-166; 1954, c. 155; 1962, c. 469; 1975, cc. 14,

15; 1987, c. 603.)

Virginia Administrative Code, Title 4, Agency 15, Chapter 40, Section 30

4VAC15-40-30. Recorded wild animal or wild bird calls or sounds prohibited in taking game; coyotes, crows, and foxes excepted. It shall be unlawful to take or attempt to take wild animals and wild birds, with the exception of coyotes, crows, and foxes by the use or aid of recorded animal or bird calls or sounds or recorded or electrically amplified imitation of animal or bird calls or sounds; provided, that electronic calls may be used on private lands for hunting coyotes and foxes with the written permission of the landowner.

Statutory Authority

§§29.1-501 and 29.1-502 of the Code of Virginia.

Historical Notes

Derived from VR325-02-1 §3, eff. July 1, 1991; amended, Virginia Register Volume 10, Issue 23, eff. September 8, 1994; Volume 11, Issue 9, eff. February 22, 1995.

Amended, Virginia Register Volume 11, Issue 18, eff. July 1, 1995.

Virginia Code § 29.1- 511. Open season on nuisance species.

There shall be a continuous open season for killing nuisance species of wild birds and wild animals as defined in § 29.1-100.

(Code 1950, § 29-133; 1958, c. 165; 1974, c. 302; 1987, c. 488.)

Virginia Code § 29.1-512. Closed season on other species.

There shall be a continuous closed hunting season on all birds and wild animals which are not nuisance species as defined in § 29.1-100, except as provided by law.

(Code 1950, § 29-134; 1974, c. 302; 1987, c. 488.)

Virginia Code § 29.1-100. Definitions.

As used in and for the purposes of this title only, or in any of the regulations of the Board, unless the context clearly requires a different meaning:

"Bag or creel limit" means the quantity of game, fish or fur-bearing animals that may be taken, caught, or possessed during a period fixed by the Board.

"Board" means the Board of Game and Inland Fisheries.

"Closed season" means that period of time fixed by the Board during which wild animals, birds or fish may not be taken, captured, killed, pursued, hunted, trapped or possessed.

"Department" means the Department of Game and Inland Fisheries.

"Director" means the Director of the Department of Game and Inland Fisheries.

"Firearm" means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material.

"Fishing" means taking, capturing, killing, or attempting to take, capture or kill any fish in and upon the inland waters of this Commonwealth.

"Fur-bearing animals" includes beaver, bobcat, fox, mink, muskrat, opossum, otter, raccoon, skunk, and weasel.

"Game" means wild animals and wild birds that are commonly hunted for sport or food.

"Game animals" means deer, bear, rabbit, fox, squirrel, bobcat and raccoon.

"Game fish" means trout (including all Salmonidae), all of the sunfish family (including largemouth bass, smallmouth bass and spotted bass, rock bass, bream, bluegill and crappie), walleye or pike perch, white bass, chain pickerel or jackfish, muskellunge, and northern pike, wherever such fish are found in the waters of this Commonwealth and rockfish or striped bass where found above tidewaters or in streams which are blocked from access from tidewaters by dams.

"Game wardens" means supervising wardens, and regular and special game wardens.

"Hunting and trapping" includes the act of or the attempted act of taking, hunting, trapping, pursuing, chasing, shooting, snaring or netting birds or animals, and assisting any person who is hunting, trapping or attempting to do so regardless of whether birds or animals are actually taken; however, when hunting and trapping are allowed, reference is made to such acts as being conducted by lawful means and in a lawful manner. The Board of Game and Inland Fisheries may authorize by regulation the pursuing or chasing of wild birds or wild animals during any closed hunting season where persons have no intent to take such birds or animals.

"Lawful," "by law," or "law" means the statutes of this Commonwealth or regulations adopted by the Board which the Director is empowered to enforce.

"Migratory game birds" means doves, ducks, brant, geese, swan, coot, gallinules, sora and other rails, snipe, woodcock and other species of birds on which open hunting seasons are set by federal regulations.

"Muzzleloading pistol" means a firearm originally designed, made or intended to fire a projectile (bullet) from one or more barrels when held in one hand and that is loaded from the muzzle or forward end of the cylinder.

"Muzzleloading rifle" means a firearm firing a single projectile that is loaded along with the propellant from the muzzle of the gun.

"Muzzleloading shotgun" means a firearm with a smooth bore firing multiple projectiles that are loaded along with the propellant from the muzzle of the gun.

"Nonmigratory game birds" means grouse, bobwhite quail, turkey and all species of birds introduced into the Commonwealth by the Board.

"Nuisance species" means blackbirds, crows, cowbirds, grackles, English sparrows, starlings, or those species designated as such by regulations of the Board, and those species found committing or about to commit depredation upon ornamental or shade trees, agricultural crops, wildlife, livestock or other property or when concentrated in numbers and manners as to constitute a health hazard or other nuisance. However, the term nuisance does not include (i) animals designated as endangered or threatened pursuant to §§ 29.1 563, 29.1-564, and 29.1-566, (ii) animals classified as game or fur-bearing animals, and (iii) those species protected by state or federal law.

"Open season" means that period of time fixed by the Board during which wild animals, wild birds and fish may be taken, captured, killed, pursued, trapped or possessed.

"Pistol" means a weapon originally designed, made, and intended to fire a projectile (bullet) from one or more barrels when held in one hand, and having one or more chambers as an integral part of or permanently aligned with the bore and a short stock at an angle to and extending below the line of the bore that is designed to be gripped by one hand.

"Possession" means the exercise of control of any wild animal, wild bird, fish or fur-bearing animal, or any part of the carcass thereof.

"Properly licensed person" means a person who, while engaged in hunting, fishing or trapping, or in any other activity permitted under this title, in and upon the lands and inland waters of this Commonwealth, has upon his person all the licenses, permits and stamps required by law.

"Regulation" means a regulation duly adopted by the Board pursuant to the authority vested by the provisions of this title.

"Revolver" means a projectile weapon of the pistol type, having a breechloading chambered cylinder arranged so that the cocking of the

hammer or movement of the trigger rotates it and brings the next cartridge in line with the barrel for firing.

"Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder, and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

"Shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder, and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore or rifled shotgun barrel either a number of ball shot or a single projectile for each single pull of the trigger.

"Transportation" means the transportation, either upon the person or by any other means, of any wild animal or wild bird or fish.

"Wildlife" means all species of wild animals, wild birds and freshwater fish in the public waters of this Commonwealth.

(1952, c. 573, § 29-131; 1952, c. 608, § 29-2.1; 1962, c. 469;

1974, c. 302; 1979, c. 264; 1984, c. 199; 1987, cc. 134, 488;

1990, c. 371; 2002, c. 157.)

Virginia Administrative Code, Title 4, Agency 15, Chapter 110, Section 80

4VAC15-110-80. Killing by landowner.

A landowner may kill or have killed foxes at any time on his own land.

Statutory Authority

§§29.1-501 and 29.1-502 of the Code of Virginia.

Historical Notes

Derived from VR325-02-8 §4.1. Amended, Virginia Register Volume 13,

Issue 18, eff. July 1, 1997.

Effect of Amendment

The July 1, 1997 amendment revised this section which formerly read: "The owner or tenant may kill or have killed foxes at any time on his own land or land under his control."

Virginia Administrative Code, Title 4, Agency 15, Chapter 20, Section 160

4VAC15-20-160. Nuisance species designated.

A. The board hereby designates the following species as nuisance species pursuant to §29.1-100 of the Code of Virginia.

1. Mammals.

a. House mouse (Mus musculus);

b. Norway rat (Rattus norvegicus);

c. Black rat (Rattus rattus);

d. Coyote (Canis latrans);

e. Feral hog (Sus scrofa);

f. Nutria (Myocastor coypus); and

g. Woodchuck (Marmota monax).

2. Birds.

a. European starling (Sturnus vulgaris);

b. English (house) sparrow (Passer domesticus); and

c. Pigeon (Rock Dove) (Columba livia).

B. It shall be unlawful to take, possess, transport, or sell all other wildlife species not classified as game, furbearer or nuisance, or otherwise specifically permitted by law or regulation.

Statutory Authority

§§29.1-501 and 29.1-502 of the Code of Virginia.

Historical Notes

Derived from VR325-01-1 §16, eff. October 15, 1990.

Amended, Virginia Register Volume 13, Issue 5, eff. January 1, 1997; Volume 13, Issue 18, eff. July 1, 1997; Volume 17, Issue 19, eff. July 4, 2001; Volume 19, Issue 1, eff. October 23, 2002.

Effect of Amendment

The January 1, 1997 amendment added subdivision 2 d and made grammatical changes.

The July 1, 1997 amendment in subdivision A 1 added subparagraphs e through h.

The July 4, 2001 amendment deleted former subparagraph A 1 e, sika deer (Cervus nippon), and redesignated the following subparagraphs.

The October 23, 2002 amendment deleted former subpar. A 2 d, which had read "Mute swan (Cygnus olor)".

Virginia Code § 18.2-133. Refusal of person on land, etc., of another to identify himself.

Any person who goes on the lands, waters, ponds, boats or blinds of another to hunt, fish, or trap and willfully refuses to identify himself when requested by the landowner or his agent so to do shall be deemed guilty of a Class 4 misdemeanor.

(Code 1950, § 29-165.1; 1954, c. 156; 1962, c. 469; 1975, cc. 14, 15.)

Virginia Code § 18.2-140. Destruction of trees, shrubs, etc.

It shall be unlawful for any person to pick, pull, pull up, tear, tear up, dig, dig up, cut, break, injure, burn or destroy, in whole or in part, any tree, shrub, vine, plant, flower or turf found, growing or being upon the land of another, or upon any land reserved, set aside or maintained by the Commonwealth as a public park, or as a refuge or sanctuary for wild animals, birds or fish, or upon any land reserved, set aside or maintained as a public park by a park authority created under the provisions of § 15.2 5702, without having previously obtained the permission in writing of such other or his agent or of the superintendent or custodian of such park, refuge or sanctuary so to do, unless the same be done under the personal direction of such owner, his agent, tenant or lessee or superintendent or custodian of such park, refuge

or sanctuary. Any person violating this section shall be guilty of a Class 3 misdemeanor; provided, however, that the approval of the owner, his agent, tenant or lessee, or the superintendent or custodian of such park or sanctuary afterwards given in writing or in open court shall be a bar to further prosecution or suit.

(Code 1950, § 18.1-178; 1960, c. 358; 1975, cc. 14, 15; 1976, c.

757; 1998, c. 81.)

Virginia Code § 18.2-141. Cutting or destroying trees; carrying axe, saw, etc., while hunting.

It shall be unlawful for any person while hunting for game or wildlife on the property of another to carry any axe other than a belt axe with a handle less than twenty inches, saw or other tool or instrument customarily used for the purpose of cutting, felling, mutilating or destroying trees without obtaining prior permission of the landowner. Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor. Game wardens, sheriffs and all law-enforcement officers shall enforce the provisions of this section.

(Code 1950, § 18.1-179; 1960, c. 358; 1975, cc. 14, 15.)

Virginia Code § 29.1-509. DUTY OF CARE AND LIABILITY FOR DAMAGES OF LANDOWNERS TO HUNTERS, FISHERMEN, SIGHTSEERS, ETC.

Duty of care and liability for damages of landowners to hunters, fishermen, sightseers, etc. § 29.1-509. Duty of care and liability for damages of landowners to hunters, fishermen, sightseers, etc. A. For the purpose of this section: "Fee" means any payment or payments of money to a landowner for use of the premises or in order to engage in any activity described in subsections B and C of this section, but does not include rentals or similar fees received by a landowner from governmental sources or payments received by a landowner from incidental sales of forest products to an individual for his personal use, or any action taken by another to improve the land or access to the land for the purposes set forth in subsections B and C of this section or remedying damage caused by such uses. "Land" or "premises" means real property, whether rural or urban, waters, boats, private ways, natural growth, trees and any building or structure which might be located on such real property, waters, boats, private ways and natural growth. "Landowner" means the legal title holder, lessee, occupant or any other person in control of land or premises. B. A landowner shall owe no duty of care to keep land or premises safe for entry or use by others for hunting, fishing, trapping, camping, participation in water sports, boating, hiking, rock climbing, sightseeing, hang gliding, skydiving, horseback riding, foxhunting, racing, bicycle riding or collecting, gathering, cutting or removing firewood, for any other recreational use, or for use of an easement granted to the Commonwealth or any agency thereof to permit public passage across such land for access to a public park, historic site, or other public recreational area. No landowner shall be required to give any warning of hazardous conditions or uses of, structures on, or activities on such land or premises to any person entering on the land or premises for such purposes, except as provided in subsection D. C. Any landowner who gives permission, express or implied, to another person to hunt, fish, launch and retrieve boats, swim, ride, foxhunt, trap, camp, hike, rock climb, hang glide, skydive, sightsee, engage in races, to collect, gather, cut or remove forest products upon land or premises for the personal use of such person, or for the use of an easement as set forth in subsection B does not thereby: 1. Impliedly or expressly represent that the premises are safe for such purposes; or 2. Constitute the person to whom such permission has been granted an invitee to whom a duty of care is owed; or 3. Assume responsibility for or incur liability for any intentional or negligent acts of such person or any other person, except as provided in subsection D. D. Nothing contained in this section, except as provided in subsection E, shall limit the liability of a landowner which may otherwise arise or exist by reason of his gross negligence or willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity. The provisions of this section shall not limit the liability of a landowner which may otherwise arise or exist when the landowner receives a fee for use of the premises or to engage in any activity described in subsections B and C of this section. Nothing contained in this section shall relieve any sponsor or operator of any sporting event or competition including but not limited to a race or triathlon of the duty to exercise ordinary care in such events. E. For purposes of this section, whenever any person enters into an agreement with, or grants an easement to, the Commonwealth or any agency thereof, any county, city, or town, or with any local or regional authority created by law for public park, historic site or recreational purposes, concerning the use of, or access over, his land by the public for any of the purposes enumerated in subsections B and C of this section, the government, agency, county, city, town, or authority with which the agreement is made shall hold a person harmless from all liability and be responsible for providing, or for paying the cost of, all reasonable legal services required by any person entitled to the benefit of this section as the result of a claim or suit attempting to impose liability. Any action against the Commonwealth, or any agency, thereof, for negligence arising out of a use of land covered by this section shall be subject to the provisions of the Virginia Tort Claims Act (§ 8.01-195.1 et seq.). Any provisions in a lease or other agreement which purports to waive the benefits of this section shall be invalid, and any action against any county, city, town, or local or regional authority shall be subject to the provisions of § 15.2-1809, where applicable. (Code 1950, §§ 8-654.2, 29-130.2; 1962, c. 545; 1964, c. 435; 1977, c. 624; 1979, c. 276; 1980, c. 560; 1982, c. 29; 1983, c. 283; 1987, c. 488; 1988, c. 191; 1989, cc. 26, 500, 505; 1990, cc. 799, 808; 1991, c. 305; 1992, c. 285; 1994, c. 544.)

SECTION 2, equine and ox activities:

Virginia Code § 3.2- 6200 through 6302