2006 Code of Virginia § 29.1-521 - Unlawful to hunt, trap, possess, sell or transport wild birds and wild animals except as permitted...

29.1-521. Unlawful to hunt, trap, possess, sell or transport wild birds andwild 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 nuisancespecies, with a gun, firearm or other weapon on Sunday, which is herebydeclared a rest day for all species of wild bird and wild animal life, exceptraccoons, which may be hunted until 2:00 a.m. on Sunday mornings. However, aperson lawfully carrying a gun, firearm or other weapon on Sunday in an areathat could be used for hunting shall not be presumed to be hunting on Sunday,absent evidence to the contrary.

2. To destroy or molest the nest, eggs, dens or young of any wild bird orwild animal, except nuisance species, at any time without a permit asrequired by law.

3. To hunt or attempt to kill or trap any species of wild bird or wild animalafter having obtained the daily bag or season limit during such day orseason. However, any properly licensed person, or a person exempt from havingto obtain a license, who has obtained such daily bag or season limit whilehunting may assist others who are hunting game by calling game, retrievinggame, handling dogs, or conducting drives if the weapon in his possession isan unloaded firearm, a bow without a nocked arrow or an unloaded crossbow.Any properly licensed person, or person exempt from having to obtain alicense, who has obtained such season limit prior to commencement of the huntmay assist others who are hunting game by calling game, retrieving game,handling dogs, or conducting drives, provided he does not have a firearm, bowor crossbow in his possession.

4. To knowingly occupy any baited blind or other baited place for the purposeof taking or attempting to take any wild bird or wild animal or to put outbait or salt for any wild bird or wild animal for the purpose of taking orkilling them. There shall be a rebuttable presumption that a person chargedwith violating this subdivision knows that he is occupying a baited blind orother baited place for the purpose of taking or attempting to take any wildbird or wild animal. However, this shall not apply to baiting nuisancespecies of animals and birds, or to baiting traps for the purpose of takingfur-bearing animals that may be lawfully trapped.

5. To kill or capture any wild bird or wild animal adjacent to any area whilea field or forest fire is in progress.

6. To shoot or attempt to take any wild bird or wild animal from anautomobile 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 withoutattaching 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 orfowl.

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 arecaught and the date. However, the Director or his designee may authorizeemployees of federal, state, and local government agencies, and personsholding a valid Commercial Nuisance Animal Permit issued by the Department,to visit conibear-style body-gripping traps that are completely submerged atleast 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, byany means whatever, receive for transportation or export, or import, at anytime or in any manner, any wild bird or wild animal or the carcass or anypart thereof, except as specifically permitted by law and only by the manneror means and within the numbers stated. However, the provisions of thissection shall not be construed to prohibit the (i) use or transportation oflegally taken turkey carcasses, or portions thereof, for the purposes ofmaking or selling turkey callers or (ii) the manufacture or sale ofimplements, including, but not limited to, tools or utensils, made fromlegally harvested deer skeletal parts, including antlers.

11. To offer for sale, sell, offer to purchase, or purchase, at any time orin any manner, any wild bird or wild animal or the carcass or any partthereof, except as specifically permitted by law, including, but not limitedto, subsection D of 29.1-553. However, any nonprofit organization exemptfrom 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 bythe Department to possess, transport and distribute donated or unclaimed meatto the hungry, may pay a processing fee in order to obtain such meat. Suchfees shall not exceed the actual cost for processing the meat. In addition,any nonprofit organization exempt from taxation under 501 (c) (3) of theInternal Revenue Code, that is (a) organized to support wildlife habitatconservation and (b) approved by the Department, shall be allowed to offerwildlife mounts that have undergone the taxidermy process for sale inconjunction with fundraising activities. A violation of this subdivisionshall 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 recognizedby the Commonwealth, another state or the U.S. government, may possess, offerfor sale or sell to another American Indian, or offer to purchase or purchasefrom another American Indian, parts of legally obtained fur-bearing animals,nonmigratory game birds, and game animals, except bear. Such legally obtainedparts shall include antlers, hooves, feathers, claws and bones.

"Verification" as used in this section shall include, but is not limitedto, (i) showing a valid tribal identification card, (ii) confirmation througha 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 memberof the tribe.

C. A violation of subdivisions 1 through 10 of subsection A of this sectionshall be punishable as a Class 3 misdemeanor.

(Code 1950, 29-143; 1962, c. 469; 1974, c. 302; 1979, c. 264; 1987, c. 488;1988, c. 175; 1989, c. 421; 1990, c. 237; 1994, cc. 244, 436; 1997, c. 249;1998, c. 415; 2000, c. 13; 2001, cc. 26, 60; 2004, c. 862; 2005, cc. 170,533, 534; 2006, cc. 20, 215.)