ButchA

http://leg1.state.va.us/cgi-bin/legp504.exe?081+ful+HB1456

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088841654
HOUSE BILL NO. 1456
Offered January 15, 2008
A BILL to amend and reenact § 29.1-521 of the Code of Virginia, relating to hunting with a bow and arrow or crossbow on private lands on Sunday.
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Patron-- Nichols
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Committee Referral Pending
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Be it enacted by the General Assembly of Virginia:
1. That § 29.1-521 of the Code of Virginia is amended and reenacted as follows:
§ 29.1-521. Unlawful to hunt, trap, possess, sell or transport wild birds and wild animals except as permitted; exception; penalty.
A. The following shall be unlawful:
1. To hunt or kill any wild bird or wild animal, including any nuisance species, with a gun, firearm or other weapon on Sunday, which is hereby declared a rest day for all species of wild bird and wild animal life, except raccoons, which may be hunted until 2:00 a.m. on Sunday mornings. However, a person lawfully carrying a gun, firearm or other weapon on Sunday in an area that could be used for hunting shall not be presumed to be hunting on Sunday, absent evidence to the contrary. The provision of this subdivision that prohibits the hunting or killing of any wild bird or wild animal, including any nuisance species, on Sunday shall not apply to any person who hunts or kills any wild bird or wild animal, including any nuisance species, with a bow and arrow or a crossbow on private lands.

2. To destroy or molest the nest, eggs, dens or young of any wild bird or wild animal, except nuisance species, at any time without a permit as required by law.
3. To hunt or attempt to kill or trap any species of wild bird or wild animal after having obtained the daily bag or season limit during such day or season. However, any properly licensed person, or a person exempt from having to obtain a license, who has obtained such daily bag or season limit while hunting may assist others who are hunting game by calling game, retrieving game, handling dogs, or conducting drives if the weapon in his possession is an unloaded firearm, a bow without a nocked arrow or an unloaded crossbow. Any properly licensed person, or person exempt from having to obtain a license, who has obtained such season limit prior to commencement of the hunt may assist others who are hunting game by calling game, retrieving game, handling dogs, or conducting drives, provided he does not have a firearm, bow or crossbow in his possession.
4. To knowingly occupy any baited blind or other baited place for the purpose of taking or attempting to take any wild bird or wild animal or to put out bait or salt for any wild bird or wild animal for the purpose of taking or killing them. There shall be a rebuttable presumption that a person charged with violating this subdivision knows that he is occupying a baited blind or other baited place for the purpose of taking or attempting to take any wild bird or wild animal. However, this shall not apply to baiting nuisance species of animals and birds, or to baiting traps for the purpose of taking fur-bearing animals that may be lawfully trapped.
5. To kill or capture any wild bird or wild animal adjacent to any area while a field or forest fire is in progress.
6. To shoot or attempt to take any wild bird or wild animal from an automobile or other vehicle, except as provided in § 29.1-521.3.
7. To set a trap of any kind on the lands or waters of another without attaching to the trap the name and address of the trapper.
8. To set a trap where it would be likely to injure persons, dogs, stock or fowl.
9. To fail to visit all traps once each day and remove all animals caught, and immediately report to the landowner as to stock, dogs or fowl that are caught and the date. However, the Director or his designee may authorize employees of federal, state, and local government agencies, and persons holding a valid Commercial Nuisance Animal Permit issued by the Department, to visit conibear-style body-gripping traps that are completely submerged at least once every 72 hours.
10. To hunt, trap, take, capture, kill, attempt to take, capture or kill, possess, deliver for transportation, transport, cause to be transported, by any means whatever, receive for transportation or export, or import, at any time or in any manner, any wild bird or wild animal or the carcass or any part thereof, except as specifically permitted by law and only by the manner or means and within the numbers stated. However, the provisions of this section shall not be construed to prohibit the (i) use or transportation of legally taken turkey carcasses, or portions thereof, for the purposes of making or selling turkey callers or (ii) the manufacture or sale of implements, including, but not limited to, tools or utensils, made from legally harvested deer skeletal parts, including antlers.
11. To offer for sale, sell, offer to purchase, or purchase, at any time or in any manner, any wild bird or wild animal or the carcass or any part thereof, except as specifically permitted by law, including, but not limited to, subsection D of § 29.1-553. However, any nonprofit organization exempt from taxation under § 501 (c) (3) of the Internal Revenue Code, which is (i) organized to provide wild game as food to the hungry and (ii) authorized by the Department to possess, transport and distribute donated or unclaimed meat to the hungry, may pay a processing fee in order to obtain such meat. Such fees shall not exceed the actual cost for processing the meat. In addition, any nonprofit organization exempt from taxation under § 501 (c) (3) of the Internal Revenue Code, that is (a) organized to support wildlife habitat conservation and (b) approved by the Department, shall be allowed to offer wildlife mounts that have undergone the taxidermy process for sale in conjunction with fundraising activities. A violation of this subdivision shall be punishable as provided in § 29.1-553.
B. Notwithstanding any other provision of this article, any American Indian, who produces verification that he is an enrolled member of a tribe recognized by the Commonwealth, another state or the U.S. government, may possess, offer for sale or sell to another American Indian, or offer to purchase or purchase from another American Indian, parts of legally obtained fur-bearing animals, nonmigratory game birds, and game animals, except bear. Such legally obtained parts shall include antlers, hooves, feathers, claws and bones.
"Verification" as used in this section shall include, but is not limited to, (i) showing a valid tribal identification card, (ii) confirmation through a central tribal registry, (iii) a letter from a tribal chief or council, or (iv) certification from a tribal office that the person is an enrolled member of the tribe.
C. A violation of subdivisions 1 through 10 of subsection A of this section shall be punishable as a Class 3 misdemeanor.

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YEAH!!!!!! Now THIS looks to stand a real good chance!! [8D]

steamingutpile

Outstanding. We will take it, it's progress. Butch thanks for all of your hard work with this issue, it's much appreciated.. Fingers crossed!

buckshot101

Keep us updated! That's awesome.

ButchA

I talked to Del. Nichols' office this afternoon and his aide said that he feels that this HB might have a good shot, because it's archery only and only on private land.

The reasoning is that it won't/can't disturb anyone, because archery is silent. Plus, all the WMA's and state/national forests won't be disrupted, so the horseback riders and hikers can still do their thing on Sunday.

NEW61375

I hope it does that would be ahuge step for us in VAand I can't even imagine being able to hunt on Sunday, it would be great! How many times have you seen some hot action on Saturday and just been a little out of position and then you have to wait til Monday or some of us the following Saturday and by then the action is somewhere else.

coolbrze0

This isa good step to getting our foot in the door to be able to hunt on Sundays. I'm not sure if it will fly, but a good opportunity nonetheless. While I don't mind a day of rest, it never ceases to amaze me why we can't hunt on Sun. when we can do everything else under the sun.

ButchA

Hey guys, here's a little more info on HB1456. I asked if it was ALL season long, or just during bow season.

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It would apply to archery season early and late as well as urban archery

Harry W. Wiggins
Legislative Assistant
Delegate Paul Nichols (51st)


----- Original Message ----
Good afternoon...

I have a quick question regarding HB1456. Is it intended to be only during
archery season on private land, or it is geared toward the whole entire
hunting season (all season long) - archery only on private land?

Thank you for any information.

Carter "Butch" Ammon
Richmond, VA
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Undrcoverrednek

At least we'd get those first 2 Sunday's in November (plus the October)....

UFunny2

Way to go Butch!!!

It's a start

ButchA

Here's another email I got from Delegate Nichols' aide:

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Butch, we need a lot more contacts with legislators to get this through, let everyone you know + everyone they know + everyone they know to contact their legiislator on this, we need a statewide effort to get this through. There is a great deal of push back on this, however the NRA has agreed to support it although it doesn't appear on their legislative priorities list

Harry W. Wiggins
Legislative Assistant
Delegate Paul Nichols (51st)

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