2006 Code of Virginia § 29.1-529 - Killing of deer or bear damaging fruit trees, crops, livestock, or personal property or creating a ...

29.1-529. Killing of deer or bear damaging fruit trees, crops, livestock,or personal property or creating a hazard to aircraft or motor vehicles.

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 the capture and relocation of such bear rather thanauthorizing the killing of the bear, provided that the relocation occurswithin a reasonable period of time; and whenever deer cause damage on parcelsof land of five acres or less, except when such acreage is used forcommercial agricultural production, the Director or his designee shall havediscretion as to whether to issue a written authorization to kill the deer.The Director or his designee may limit such authorization by specifying inwriting the number of animals to be killed and duration for which theauthorization is effective and may in proximity to residential areas andunder other appropriate circumstances limit or prohibit the authorizationbetween 11:00 p.m. and one-half hour before sunrise of the following day. TheDirector or his designees issuing these authorizations shall specify inwriting that only antlerless deer shall be killed, unless the Director or hisdesignee determines that there is clear and convincing evidence that thedamage was done by deer with antlers. Deer or bear killed pursuant to suchauthorization shall be utilized or disposed of within 24 hours of beingkilled. Any owner or lessee of land who has been issued a writtenauthorization shall not be issued an authorization in subsequent years unlesshe can demonstrate to the satisfaction of the Director or his designee thatduring the period following the prior authorization, the owner or hisdesignee has hunted bear or deer on the land for which he received a previousauthorization.

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 deer are creating a hazard to the operation of any aircraft or tothe 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 deer are creatinga hazard, he shall authorize such person or persons or their representativesto kill the deer when they are found to be creating such a hazard.

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. The carcass of every deer or bear so killed may beawarded to the owner or lessee by the Director or his designee, who shallgive such person a certificate to that effect on forms furnished by theDepartment. Any person awarded a deer or bear under this section may use thecarcass as if he had killed the animal during the hunting season for deer orbear.

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 carcass of every deer so killed maybe awarded to the owner or lessee by the Director or his designee, who shallgive such person a certificate to that effect on forms furnished by theDepartment. Any person awarded a deer under this section may use the carcassas if he had killed the animal during the hunting season for deer. Therequirement in subsection A of this section, that an owner or lessee of landdemonstrate that during the period following the prior authorization deer orbear have been hunted on his land, shall not apply to any locality thatconducts a deer population control program 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 in the Commonwealth when requested by a certified letterfrom the governing body of such locality.

(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.)